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Law and Order: Byron resident accused of damaging property of a neighbor

By Howard B. Owens

Nicholas Ronald Schramm, 18, of Byron Holley Road, Byron, is charged with criminal mischief, 4th. Schramm is accused of damaging property of another person while at a residence, not his own, on Byron Holley Road, Byron, on Monday. He was jailed on $5,000 bail or $10,000 bond.

Connor D. Gardner, 18, of Kemp Drive, Macedon, is charged with criminal possession of a controlled substance, 7th, criminal use of drug paraphernalia, 2nd, and unlawful possession of marijuana.

Justin Daniel Pursel, 28, of North Street, Le Roy, is charged with DWI, driving with a BAC of .08 or greater, failure to keep right, and leaving the scene of a property damage accident. Pursel was allegedly involved in an accident on Batavia Elba Townline Road at 1:30 a.m. Saturday. The accident was investigated by Deputy Mathew Clor and Deputy Andrew Mullen.

Kyle J. Stack, 32, of Medina, is charged with DWI, unlawful possession of marijuana, and obstruction of governmental administration. Stack is accused of driving drunk in the Town of Bergen at 11:11 p.m. Tuesday though he was arrested by State Police in the Village of Medina. He was ordered held on cash bail. No further details released.

Quinton V. Holmes, 27, of Churchville, is charged with driving while impaired by drugs, failure to keep right, and speeding. Holmes was stopped by State Police on Buffalo Road, Bergen, at 3:43 p.m. Saturday.

Jennifer L. Blake, 44, of Elba, and Christopher W. Blake, 44, of Byron, are charged with trespass. The two people were arrested by State Police for allegedly trespassing on property in Byron at 7:45 p.m. Thursday. No further details released.

Jay R. Howcraft, 58, of Rochester, is charged with DWI and driving with a BAC of .08 or greater. Howcraft was stopped by State Police at 8:21 p.m. Friday on Pratt Road, Town of Batavia.

'Devastating' tomatoes, potatoes disease detected in Genesee County

By Howard B. Owens

Press release:

Late blight was detected in Genesee County on Aug. 28th. Late blight is a devastating, airborne disease of tomatoes and potatoes best known for causing the Irish Potato famine. Late blight is caused by a fungus-like organism that spreads dozens of miles on storm fronts.

Late blight can kill plants in just one week. Disease spots are often dark gray to brown in color and may or may not have a ring of pale green tissue around them. They are often irregular in shape and size, and often become as large as a quarter. Leaf spots will often have small fuzzy white spores on the underside of the leaf in wet and humid conditions.

Late blight will put dark brown to black smears on plant stems. Tomato fruit may also develop large, firm, greasy-looking, brown, gray, or black smears on the upper part of the fruit. Potato leaves show dark spots with fuzzy white spores on the underside during humid weather. Potato stems show similar lesions to those seen in tomato.

As this disease is aggressive and very damaging to area farmers, Cornell Cooperative Extension asks that anyone suspecting they have late blight please contact their local CCE office for assistance. In Genesee County, the CCE office can be reached at 585-343-3040. Commercial vegetable farmers should contact the Cornell Vegetable Program at 585-406-3419.

Hawley sticking it out in waiting game for NY-27 election

By Howard B. Owens

Assemblyman Steve Hawley is doing pretty much what the rest of us in the 27th Congressional District are doing -- waiting to see if the regional GOP leadership can come up with a plan to remove the name of Chris Collins from the November general election ballot.

If that happens, he hopes the GOP chairs will select him as the Republican candidate for Congress to replace Collins, currently under federal indictment on counts of securities fraud and lying to the FBI about an alleged insider trading scheme.

"I know nothing more than when we met last Tuesday," Hawley said, referring to a confab of GOP chairs from the eight counties in the NY-27 at Batavia Downs. At the gathering, the candidates hoping to replace Collins on the ballot were interviewed. "We each gave a presentation. We talked about how each of us viewed what a congressman should be, we reviewed backgrounds, reviewed finances, reviewed whether we’re ready to go or not, which I am, and I haven’t heard anything since then."

David Bellavia, the other Batavia resident who considered a run for Congress if the GOP chairs could get the Collins name off the ballot, withdrew his name before Tuesday's meeting. Mike Ranzenhofer, the state senator for Genesee County, withdrew his name yesterday.

Hawley is by no means certain the county chairs have figured out a plan for getting the current congressman's name off the ballot.

"I have to say, the longer this goes on the chances of A) getting his name off B) having the court challenges, which there will be, makes me more and more happy that I’m running for reelection to the state Assembly," Hawley said. "If the process doesn’t heat up here pretty quickly, I’m going to be serving, hopefully, another term in the state Assembly."

That isn't to be read, apparently, that Hawley has any intention anytime soon of withdrawing his name from consideration. He wouldn't say that when pressed on the question, or at what point he might decide to withdraw.

"We'll play it by ear," he said.

Hawley said residents of the 139th Assembly District have been wholly supportive of his request to be considered for the Republican line on the November ballot in the congressional race.

"I’ve received nothing but encouragement from the moment Mr. Collins suspended his campaign and, as I mentioned before, all kinds of emails, all kinds of Facebook posts, all kinds of personal visits from constituents," Hawley said. "This is all about people I’ve been able to serve the past 12 and a half years. They’re the ones who encouraged me to look at it and that’s what I try to model myself after, what people want."

Democratic candidates for Attorney General share their views in forum at GCC

By Howard B. Owens

There was little disagreement on issues Monday night at Genesee Community College among the four candidates hoping to get the most votes in the Sept. 13 Democratic primary for attorney general.

They all favor issuing drivers licenses to undocumented residents. They will use the AG's office to help protect the environment and fight climate change. They oppose tariffs that are hurting farmers. They will continue to pursue lawsuits against pharmaceutical companies over prescription pain pill marketing. They will work to preserve the Affordable Care Act (ACA).

And, they all agree the Donald Trump Administration is corrupt and both democracy and the rule of law are under assault.

"We are at a crisis moment in our democracy," said Zephyr Teachout. "Donald Trump is actually ripping families apart. He cannot be trusted. We cannot trust federal regulation of the financial markets when Washington is controlled by the financial industry, which is surrounded by people like Chris Collins who use political offices to enrich themselves."

In all, the four candidates were a collegial group who kept their discussion civil and answered a half dozen or so questions from members of the Democratic Rural Caucus, which organized the event, and another five or six from audience members.

The first topic was about helping and protecting farmers and the candidates immediately jumped on Trump's tariffs, which are making it more difficult for farmers to export their products and reducing prices, which hurt or eliminate profits.

Sean Patrick Maloney, a member of Congress, said he represents 1,500 family farms, and many of them are smaller farms, 200 acres or less, that grow specialty crops. He said he's introduced 30 bills to assist farmers, especially in the area of crop insurance. Current crop insurance programs, he said, favor big Midwestern farmers.

"I will fight to end tariffs that are putting a terrible burden on New York farmers," Maloney said. "I hear that all the time. This is a self-inflicted wound and we need to fix it."

As AG, he said, one of the most effective things he can do is work to improve and protect access to markets for farmers.

Both Teachout and Letitia James said monopolies and corporate concentration are burdens on farmers that reduce competition. 

"A lot of people are making a lot of money in food," Teachout said. "It’s just not farmers."

She criticized Monsanto for its patents on seeds, John Deere for his copyright claims on software that keep farmers from repairing their own equipment or going to less expensive repair services, and the lack of competition among food distributors.

James also said she would work to break up these big companies and end non-competitive practices.

She also favors eliminating Immigration and Customs Enforcement (ICE) or reining in its enforcement power to help ensure farmers are able to hire the immigrant workers they need to stay in business.

"It's really critically important the next AG stand up for their (immigrants) rights so they can come out of the shadows and seek work and feel safe," James said.

Leecia Eve said she is mindful of the need to protect the environment but she is also mindful of Washington's tendency to design environmental regulation around large, corporate farm operations, that then place an unnecessary burden on small farmers.

All of the candidates said they would use the power of the AG's office to protect the ACA and ensure New Yorkers maintain access to affordable health care. Maloney said while the Trump administration has done much to damage the ACA there are still issues to defend.

"The nice thing about the Trump Administration is while they are way radical they're also incompetent," Maloney said.

Lorie Longhany, a member of the RDC and former county chair of the Democratic Party, asked what the candidates would do to protect seniors.

Eve recalled her years working for former AG Bob Abrams. Abrams required staff to travel throughout the state and set up mobile offices in supermarkets and other public locations and the staff would answer questions and assist people as best they could with any problem. That's the spirit, she said, she wants to bring to the office.

"We need to put that effort on steroids," Eve said. "New York is under assault by Donald Trump. We have an economic crisis, a housing crisis, an environmental crisis. I will use the full weight of the office to protect the rights of New Yorkers. It's important to have an office in the community so New Yorkers feel like the attorney general's office has their backs."

Maloney said that protecting seniors from scams is the "bread and butter" function of the AG's office.

"If you’re not doing that right, you're not doing this office right," Maloney said.

The AG's office is especially important in the age of Trump, Teachout said.

"There are seven consumer protection agencies that the Trump Administration is in the process of gutting," Teachout said. "The Consumer Protection Finance Bureau is being run by somebody who doesn't believe in consumer protection. This job becomes more important when you can't trust the federal government because this office is the last line of defense against frauds and scams."

To deal with the opioid crisis, the candidates favor decriminalization and putting more resources into treatment.

"We need to decriminalize mental health issues," Eve said. "We need treatment for people who are in crisis and have enough courage to ask for help. If they ask for help and somebody says you have to wait six months to get help, that's a recipe for disaster."

Ray Morgan's daughter says family looking for answers and justice in murder case

By Howard B. Owens

The family of Ray Morgan misses him every day, said daughter Raelee Morgan in an interview earlier this week, which is making it so hard to wait for justice in his murder case.

Batavia PD has a person of interest and that person is being held in the Genesee County Jail on an unrelated charge, but until the State Police lab reports back on the results of DNA tests from the crime scene it would be premature to try and charge that person with murder, said Chief Shawn Heubusch.

Raelee said members of the family don't feel the case is moving fast enough nor is much information being shared with the family.

"I'm not sure what they're looking for but we're doing everything we can to prepare a case to present to a grand jury," Heubusch said. "The worst thing that can happen is we present a case and the grand jury returns a no bill, then we're done. We can't present the case again."

Heubusch said the State Police lab is cooperative and has expedited the case but it still takes time to get results.

He also said investigator's sisters communicate regularly with Raelee's sister, Faith, but the police cannot release all of the information they have because there is information, if made public, that could compromise the investigation.

The 47-year-old Morgan, who besides two daughters, had seven grandchildren, was reportedly badly beaten in the attack.

Heubusch sounded a little exasperated at one point to even be talking about the case publicly.

"When you go on social media or you go to the media and start talking, it hurts the case," Heubusch said. "You could put something out there that makes it harder to get a conviction."

Raelee said the family just wants justice and they don't want the public to remember him as a person who had a criminal record but as a man who was a kind, loving family man, and friend to many people. She said everything he did, even the things that got him into trouble, was to help other people.

"He was the type of guy that no matter who you are what you've done in the past, he will give you the shirt off his back," Raelee said. "If he had 10 dollars in his pocket he would give it to you if you needed it. He was an amazing guy. He really was."

She's also upset that after Morgan's murder the night of July 24 at 111 Liberty St., Batavia, that once police left his apartment, the room was left open. Morgan's belongings disappeared, she said, and a neighbor posted gruesome, bloody pictures on Facebook.

Raelee blames the police.

"I would like to find a lawyer for the wrongdoings of the Batavia Police Department handling his crime scene because, like I said, his crime scene was not taped off; his crime scene was completely opened up," Raelee said. "Myself and my sister only received three bags of bloody clothes -- all the rest of his belongings were thrown away."

The day after the murder, Heubusch told The Batavian that once investigators finish processing a crime scene, the property is turned over to the property owner and the owner from that point is responsible for securing the scene. As a matter of Constitutional law, the police cannot maintain control of private property once it has finished processing the crime scene.

The Batavian's news partner, 13WHAM contributed to this story.

Albion and Lockport intersection in Oakfield to be converted to four-way stop

By Howard B. Owens

The county will add stop signs to the north and southbound lanes of Albion Road at Lockport Road in Oakfield and residents at the intersection say it's been a long time coming.

Ron and Jeanine Bauer said they've lived at the intersection for 30 years and have complained for years about traffic at the intersection.

"Actually, my neighbors have written letters to different higher-ups and nothing really's come of it," Ron said.

County Highway Superintendent said work crews will be at the intersection Monday to convert it to a four-way, or all-way, stop.

"The new signs are in response to numerous crashes and near-crashes that have occurred at the intersection over the past few years," Hens said. "The intersection currently only requires traffic to stop in one direction and there is a pattern of drivers either stopping and pulling in front of moving traffic or not stopping at the intersection at all."

Ron said he's seen many times east and westbound cars just blow through the intersection.

"Last month I was out here cutting my lawn and all the sudden I hear a zoom -- a Canadian cut right through that stop sign and if a car had been coming somebody would have gotten killed," Ron said.

There is a problem, Hens said, with how east and west drivers approach the intersection.

"Based on accident reports, it seems drivers have a sense that the intersection requires all drivers to stop even though the intersection is clearly marked that 'Cross-Traffic Does Not Stop,'" Hens said.

Jeanine expressed concern that the new stop signs will be a big adjustment for drivers on Albion Road, who have been passing through the intersection for decades without a requirement to stop.

Hens said the Highway Department has taken that concern into account. The new stop signs will be flagged until drivers get used to them.

"The All-Way stop is the best solution to remedy mistakes that drivers are currently making at the intersection," Hens said. "The All-Way stop may not eliminate all crashes, but it most definitely will reduce the severity of crashes should they occur. "

Both Ron and Jeanine said they're glad the county is taking action and hope it helps but that will take the cooperation of drivers being more attentive on the road.

"Some people just don’t pay attention," Jeanine said. "I don't know if they're messing around with their phones or don’t know what they’re doing. The fact that they’re moving so fast is an indication to me that they don’t know the stop is there or they’re not paying attention to it. It’s scary when you’re out here and you see somebody fly through the sign, it’s like, oh, that could have been really bad."

Law and Order: Batavia man accused of stealing from his employer, possessing defaced, illegal firearm

By Billie Owens

Steven A. Barclay, 32, of South Main Street, Batavia, is charged with petit larceny and third-degree criminal possession of a weapon -- defaced for concealment. He was arrested at 7 p.m. on Aug. 16 on Apollo Drive in Batavia for allegedly stealing from his employer. While investigating the larceny, it was discovered that Barclay also allegedly possessed a defaced, illegal firearm. He was arraigned in City Court and put in Genesee County Jail. He was due in court on Aug. 22. The case was investigated by Batavia Police Officer Catherine Mucha, assisted by Officer Marc Lawrence.

Devin L. Stevenson, 26, of Ellicott Street, Batavia, is charged with open burn. On Aug. 19 at 10:32 p.m. City fire responded to 411 Ellicott St. where they located a recreational fire where plastic was being burned. Stevenson was issued an appearance ticket for Aug. 28 in City Court. The case was handled by Batavia Police Officer Christopher Lindsay.

Julie R. Ewing, 29, of Mill Street, Akron, is charged with: DWI; DWI -- operating a motor vehicle with a BAC of .08 percent or higher; driving left of pavement markings; and failure to signal. Ewing was arrested at 3:06 a.m. today (Aug. 24) on Bloomingdale Road in the Tonawanda Indian Reservation following a traffic stop. She was arraigned in Alabama Town Court and jailed in lieu of $1,000 cash bail or $2,500 bond. She is due back in court on Sept. 6 to answer the charges. The case was handled by Genesee County Sheriff's Deputy Mathew Clor, assisted by Deputy Andrew Mullen.

Ronnie J. Flinchum, 59, of East Main Street, Batavia, was arrested Aug. 20 on an active bench warrant out of City Court. Flinchum was located at an acquaintance's residence on West Main Street in Batavia during an unrelated incident. During the investigation, the bench warrant was discovered. The defendant was taken into custody without incident, arraigned, then jailed in lieu of $1,500 cash bail or $2,500 bond. Flinchum is due in court at a later date. The case was investigated by Batavia Police Officer Kyle Krtanik, assisted by Officer Marc Lawrence.

Mikia M. Thomas, 30, of Norton Street, Rochester, was arrested at 9:33 a.m. on Aug. 22 for failing to appear in court on two traffic tickets. The tickets were for aggravated unlicensed operation, 3rd, and inadequate or no stop lamps. Thomas was arraigned in City Court and released on her own recognizance. She is to return to court on Sept. 20. The case was handled by Batavia Police Officer Catherine Mucha, assisted by Jason Davis.

Taylor L. Finnin, 25, of South Swan Street, Batavia, was arrested on a warrant Aug. 22 for failure to show up for court after being served an appearance ticket on a previous charge. After being processed at BPD, Finnin was issued another appearance ticket and is due back in court on Aug. 28. The case was handled by Batavia Police Officer Nicole McGinnis, assisted by Officer Felicia DeGroot.

David P. Grossman, 35, of State Street, Batavia, was arrested Aug. 23 on a bench warrant for allegedly failing to appear in City Court for sentencing. After arraignment, he was released on his own recognizance and is due back in court on Sept. 18. The case was handled by Batavia Police Officer Jamie Givens.

Pavel V. Yefremenko, 30, of Broadway Road, Darien, was arrested on Aug. 23 on a bench warrant out of City Court after he allegedly failed to meet requirements of his release. He was arraigned, held on bail, and was due in City Court this morning. The case was handled by Batavia Police Officer Cowen Mitchell.

Tyler D. Price, 25, of Ross Street, Batavia, was arrested at 9:21 p.m. on Aug. 22 on a bench warrant out of Batavia City Court. It is alleged Price failed to comply with a court-ordered program. The defendant was arraigned in City Court and jailed in lieu of $100,000 cash or bond. Price was due in court Thursday (Aug. 23). The case was handled by Batavia Police Officer Chad Richards, assisted by Officer Christopher Camp.

Kaylynn C. Buchinger, 19, of Judge Road, Alabama, is charged with unlawful possession of marijuana. Buchinger was arrested on South Jackson Street in the City of Batavia at 10:43 p.m. on Aug. 22 after police investigated a suspicious vehicle in a parking lot. The defendant was allegedly found to be in possession at marijuana. She is due in City Court Sept. 4 to answer the charge. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Peter Flanagan.

Law and Order: McKenzie Street woman in Bergen accused of leaving a child under 5 without proper supervision

By Billie Owens

Christina Louise Wass, 45, of McKenzie Street, Bergen, is charged with endangering the welfare of a child. She was arrested at 8 p.m. on Aug. 21 following a complaint in the Village of Bergen. It is alleged that Wass had a minor under age 17 in her care and custody and that she left the child alone without proper supervision, and that child was under age 5. She was arraigned in Town of Le Roy Court and jailed in lieu of $1,000 cash bail or $3,000 bond. She is due in Town of Bergen Court on Sept. 5. The case was handled by Genesee County Sheriff's Deputy Howard Wilson, assisted by Sgt. Jason Saile.

John David Meiler, 33, of Reinhardt Road, Alden, is charged with: driving while ability impaired by drugs; aggravated unlicensed operation in the first degree; DWI; and operating a vehicle withcKeout an ignition interlock device. On Aug. 21 at about 7:48 p.m., Genesee County Sheriff's deputies responded to 358 Bloomingdale Road in Alabama for a property damage accident. Meiler, whose driver's license has been revoked, was arrested at the scene on the charges. He was issued appearance tickets and is due in Town of Alabama Court on Sept. 26. The case was handled by Deputy Erik Andre.

Mark David Humel, 26, of Main Road, Pembroke, is charged with: driving while ability impaired (DWAI); aggravated unlicensed operation in the first degree; DWAI -- combined drugs and alcohol; used a vehicle not equipped with an ignition interlock device; and leaving the scene of a property damage accident. On Aug. 20 at about 3:37 p.m., Genesee County Sheriff's deputies responded to 8330 Lewiston Road in the Town of Batavia for a report of a property damage accident. Following an investigation, Humel, whose driver's license is revoked, was arrested on the charges. He was issued appearance tickets and is due in Town of Batavia Court on Sept. 24. The case was investigated by Deputy Erik Andre, assisted by Deputy Howard Wilson.

Marshall A. Silvernail, 31, of Asbury Road, Le Roy, was arrested on Aug. 12 for trespass, a violation. Le Roy Police Department responded to a residence located in the Village in the early morning hours of July 29 after receiving a complaint that there was an unwanted subject on the property. Upon arrival, patrols allegedly located Silvernail on the property attempting to enter the premises. After a brief investigation, it is believed that Silvernail had previously been told he was not allowed on the property and charges were later brought for his arrest. He was due in Le Roy Town Court Aug. 13 to answer the charge.

Ramon S. Gilliam, 43, of Main Street, Le Roy, was arrested on Aug. 16  by the Le Roy Police Department and with charged with attempted identity theft in the third degree, a Class B misdemeanor. This charge stemmed from a complaint that officers received and after an investigation it is alleged that Gilliam did in fact, attempt such crime. Gilliam was taken into custody and processed without incident and issued an appearance ticket for Sept. 20 in Le Roy Town Court to answer the charge.

Corfu, county may be heading to court in water dispute

By Virginia Kropf

It appears the Village of Corfu and Genesee County could soon be embroiled in a legal battle.

Relations between the two governmental bodies began heating up when the village received notice the county wanted to double the rates for water use.

Corfu currently has 22 years left on a 40-year contract it signed with the county, in which Corfu is paying 60 cents per 1,000 gallons of water.

The county says it needs the extra money because it miscalculated how much it would cost to provide water to the entire county, specifically the East Bethany area.

At a special meeting Tuesday night, attended by the village board and legislator Gordon Dibble, Corfu attorney David Saleh read a letter from county attorney Kevin Earl, in which Saleh said the word “negotiate” was glaringly admitted. Earl wrote that the deadline of Aug. 27 is fast approaching for design, bid specs, bond counsel and financing for debt commitments and cannot be delayed any longer by lack of a signed Corfu document.

He said 13 of the municipalities in the county have already signed the agreement.

If Corfu does not agree to the increase, the county has threatened to reduce the village’s sales tax allocation by the amount the increase would bring in.

For instance, in 2017, the actual voluntary sales tax allocation was $180,410 and the 2017 total Village of Corfu water consumption was 12,812,000 gallons.

The difference in the surcharge rate between $0.60/1,000 gallons and $1.20/1,000 gallons is $7,687.20, meaning Corfu’s sales tax allocation would be reduced by that amount – to $172,723.27.

This is money which would have to be made up by increasing taxes, said Mayor Joe Johnson.

Johnson is concerned over wording he found in the county’s contract, which he interprets as allowing the county to triple the rate.

“There’s no cap,” said village Trustee Tom Sargent. “It’s $1.20 today and in two years, what’s to stop them from increasing it again?”

One resident who attended Tuesday night’s meeting was Matt Steinberg, who called himself “one angry Corfu taxpayer.”

“If the county is going to put us over a barrel like this, they are going to earn it,” he said. “We have zero interest in funding someone’s water system way out yonder, and I for one am in favor of the village spending the money it needs for litigation.”

Steinberg said he would encourage every resident in Corfu to stop shopping or doing business in Genesee County if the county withholds money from their sales tax allocation.

Trustee Al Graham displayed a map of the county showing proposed improvements in red. He said there is no red in Corfu.

“We have paid for our system,” he said.

“When the county says it wants to renegotiate things in the contract that isn’t beneficial to them, that’s not fair to us,” Saleh said.

Corfu previously had its own water system, and when they signed the agreement with the county in 2002, the village was pumping 75,000 gallons of water per day. Now that the county is using Corfu’s system, they are putting 185,000 gallons through the village system a day.

Currently, neither Genesee County or the Monroe County Water Authority are paying anything for using Corfu’s lines. Graham said when the agreement was signed 18 years ago, the county was supposed to shut Corfu’s water plant down, but they are still using it.

Johnson said what the county is doing is extortion.

“They are taking a contract we signed which is good for our residents and forcing one on us which is bad,” Johnson said.

Graham alluded to the letter from the county which he says gives Corfu two options – sign the new contract or have your sales tax taken away.

“There is a third option,” Graham said. “Keep the signed contract we have. We do not want to fight with the county, but I don’t see how they think they can do this. We are elected to serve the people, and at our second public hearing, 100 percent of the residents there said, ‘Don’t sign.’ We’d be derelict if we didn’t listen to them.”

Graham said Corfu is being bullied by the county, and it is very frustrating.

“We are trying to be reasonable, but they are ignoring our requests to negotiate,” he said.

Corfu will schedule one more public hearing before proceeding with its lawsuit.

CORRECTION: A statement by Mayor Joe Johnson was misreported. In his actual statement, encouraged Corfu residents to stop shopping in Genesee County, not Corfu, if the County withholds sales tax residents. The correction was made in the story. Our apologies to Mayor Johnson.

Law and Order: Driver accused of driving drunk with two prior convictions

By Howard B. Owens

Candido Candelaria III, 26, of East State Street, Albion, is charged with: felony DWI; felony driving with a BAC of .18 or greater; first-degree aggravated unlicensed operation; consuming alcohol in a motor vehicle; following too closely; driver's view obstructed; and leaving the scene of a property damage accident. Candelaria was reportedly involved in an accident at 12:12 p.m., Thursday, on Clinton Street Road, Le Roy, which was investigated by Deputy Kevin Forsyth. Candelaria reportedly has two DWI convictions in the past 10 years.

Mikhail Alexander MacPherson, 35, of Gully Road, Le Roy, is charged with criminal mischief, 4th, menacing, 3rd, and unlawful imprisonment, 2nd. MacPherson allegedly prevented a victim from calling for emergency assistance or leaving a residence during a dispute reported at 12:32 a.m. Friday on Gully Road, Le Roy.

Stephen’s Table soup kitchen closing after 26 years of serving the community

By Virginia Kropf

Photo: Ed and Bev Corcoran, of Batavia, relax in their home, where he is recuperating from surgery. After running Stephen’s Table at the Assembly of God on North Spruce Street for 26 years, health issues have forced the couple to shut the soup kitchen down. Photo by Virginia Kropf.

Ed Corcoran is the first to admit he isn’t a chef, and when he stepped up to run Stephen’s Table at Batavia Assembly of God Church, he didn’t know how to boil water.

Twenty-six years and more than 250,000 meals later, Ed, 75, and his wife Bev, 72, have been forced to close the soup kitchen, after he suffered a fall in May and required brain surgery.

Stephen’s Table was an idea of a late member of the Batavia Assembly of God Church, who asked Ed to help him. After meeting with attorneys to complete the required paperwork and discovering he wouldn’t be paid to run the soup kitchen, the other man backed out and Ed was left “holding the bag.”

 With Bev’s help and plenty of donations from the community, Ed started making soup.

“Soup and sandwich was the thing people wanted most,” Bev said. “And we served a beverage and dessert. A lot of people came because they liked to joke with Ed.”

Ed developed a camaraderie with those he served, feeding not only their stomachs but their souls. Joking back and forth was as much a part of lunch as the soup.

The soup kitchen was a haven for the homeless. Some would come in the morning just to get out of the cold, and sit and have coffee and donuts while Ed cooked.

“At one time Batavia had 45 homeless, and we saw most of them,” Ed said. “It’s heartbreaking to think we had to close the kitchen.”

Stephen’s Table was open for lunch Monday through Friday and most days attendance averaged between 20 and 30. Once, they served 90, Bev said.

“We always had enough food,” Bev said. “God always provided.”

The Corcorans praised the community who supported them with donations of food – local churches, BJs, Walmart, Tops, Pizza Hut and bread stores. Then there were farmers and just people in general who brought in fresh fruits and vegetables.

In the beginning, there was just Ed and Bev, but gradually more people started volunteering to help. In the summer, a lot of youth would come to help. Genesee Justice sent people who had to do community service; GCASA sent their people; for years individuals from the ARC were sent to help.

For the past 17 years, Stephen’s Table has partnered with the Genesee County Office for the Aging’s RSVP program.

“Ed and Bev’s volunteer service this past year alone was more than 1,800 hours,” said Courtney Iberi from the OFA. “Since partnering with RSVP, Ed has volunteered more than 23,000 hours and Bev almost 9,000 hours.”

One of the RSVP volunteers was Tim Tracz, who started helping at Stephen’s Table after he retired from Corrections a year and a half ago.

“I always enjoyed working with the elderly and became a driver for Meals on Wheels,” Tracz said. “When I still had a little more time to give, I asked Courtney what I could do and she told me about Stephen’s Table.”

Tracz said it was amazing to find anyone like the Corcorans who would volunteer for 26 years.

“I saw the dignity with which Ed treated the elderly, the poor, the substance abuser and the mentally ill,” Tracz said. “He and Bev just concentrated on serving the meals, and relationships developed.”

He said this was a story, not only of Ed and Bev, but of the community whose support made it possible and Assembly of God Church which allowed use of the building.

Ed said their agreement with Assembly of God called for rent of $1 per year.

“Basically, we had use of the kitchen for nothing,” Ed said.

Tracz recalled a man named Clarence who used to come to the soup kitchen, not for a meal, but for a place to go. He would come in and just start singing the “good old songs.”

Then there was “Bo.”

“He came more than he needed to because it gave him hope and fulfillment,” Tracz said. “People who came to Stephen’s Table knew they weren’t going to be asked for a donation and nobody was going to preach to them.”

Tracz said volunteering for RSVP at the soup kitchen proved to him, “You certainly get more than you give.”

The Corcorans said no one was ever turned away from Stephen’s Table, as long as they behaved. Only once in 26 years did they have to have two people removed for creating a disturbance.

They will cherish the memories of those they served all those years, such as the homeless man who was so cold he couldn’t carry his bowl of soup. Or the time five teenagers who came in and said they were homeless, having left home because their parents were so into drugs they couldn’t stand it.

The Corcorans are hopeful the poor and homeless will find help at other agencies, such as The Salvation Army.

“I know there is food available to the needy, but not a prepared meal and the companionship,” Bev said. “But with Ed’s health, we couldn’t think of keeping the soup kitchen open.”

Ed and Bev said they always figured they would keep going as long as the volunteers and donations didn’t stop.

“We never thought an injury would stop us,” Bev said.

Editor's Note: Click on the links below for previous coverage about the Corcorans:

Hawley, Bellavia join six other GOP hopefuls at meeting in Geneseeo of party leaders

By Howard B. Owens

The eight men who met with GOP party leaders in Geneseo yesterday to discuss their interest in replacing Chris Collins as the Republican nominee in the 27th Congressional District were met by a group of reporters as they walked into the meeting, including two hopefuls from Batavia, Assemblyman Steve Hawley, and Iraq War veteran David Bellavia.

Both Hawley and Bellavia stuck to an upbeat message about serving the district and noting the voters in the 27th are perhaps a little tired of scandal from their representative in Washington.

"We got to bring dignity back," Bellavia said. "These people (in the NY-27) have been through a lot. I mean, it's our second time around."

Bellavia was referring to Rep. Chris Lee, who was accused of posting shirtless pictures of himself on Craigslist while looking for transexual dates, and Rep. Chris Collins, currently under indictment on charges of securities fraud, wire fraud, and lying to the FBI.

"We've got to put that behind us and get a candidate that the people can get behind," Bellavia said. "Vitality is important and the Republican Party needs to bring energy back. You start by registering more Republicans and get more people to join the committees. That's the kind of a model that I'm bringing to the table and that's what I'm proud to represent."

Collins has bowed out of the race for 2018 -- a critical mid-term election for the GOP to try and retain a majority in the House of Representatives -- and now the Republicans are scrambling to figure out a legal way to get Collins off the November ballot, pick a new candidate and get that candidate's campaign up and running. All under the assumption that after the Collins fiasco, the Democrats are coming hard after this seat, fully funding Nate McMurray's effort to switch the 27th from red to blue.

Under the circumstances, Hawley suggested, the voters of the NY-27 are ready for an experienced representative with the maturity to handle the job.

"They've had a long, long road over the past eight to 10 years," Hawley said. "This is about representing people and having a feel for what it is they need and I think what they need is a calm, steady, firm hand and the ability to be able to listen to what their needs, wants and desires."

With a short campaign window, Hawley said he can raise the funds needed for the campaign, and though he can't afford to self-fund, he can make a contribution.

"I am a prolific fundraiser and the vice chairman of the Republican Campaign Committee and I have a healthy amount in my Friends of Steve Hawley account," Hawley said. "Where we should be looking is for small donations and contributions from people who think you would be able to do the job for them. Whether it's 10 dollars, 25 dollars, 50 bucks, that's really what America is all about."

Fundraising will be a challenge, Bellavia said but he also said it's going to take a lot of hard work to win the race.

"It's an 80-day election cycle," Bellavia said. "Everyone's worried about funding. The D Triple C is going to put in a lot of money into this campaign and you've got a guy out there in Grand Island -- who ... he's going to need a real estate agent to be your congressman -- but he's working his tail off. He's a good guy who's out there working hard and it's going to take a lot of elbow grease to be able to defeat him."

Hawley and Bellavia were showing up for kind of a candidates forum with 17 party leaders from the NY-27. This wasn't the formal interview with the eight county chairs nor were any decisions made about who to support as the party's nominee.

Also attending were Erie County Legislator Ed Rath, Erie County Comptroller Stefan Mychajliw, Assemblyman Ray Walter, State Senator Robert Ortt, former gubernatorial candidate and former Buffalo school board member Carl Paladino, and State Senator Michael Ranzenhofer.

Bellavia said the party bosses should pick the right person for the job, not somebody who just wants the title of congressman.

"My whole life has been about service," Bellavia said. "I mean, we were electing a congressman. Why are we doing this? Are we doing this for ourselves? Are we doing this because we're bored? Or are we doing this because it's our time and you know we held the position before but this one's really super juicy? Are we doing this because we want to serve our country? I believe that this country is worthy of any sacrifice and if I'm called to duty I'm going answer that duty you know."

Hawley also said the short election time frame will mean he needs to work hard if he's selected to represent the party but, he said, that isn't any different than what he does every election cycle.

"I have campaigned door-to-door in this Assembly District and before that for the county legislature, door-to-door all of the time," Hawley said. "Last time I didn't have an opponent. I didn't like that. I think people deserve a choice. And even though I had no opponent I still went door-to-door. Some people would say, 'What the heck you're doing here?' And I said, 'I'm here to ask for your support and listen to those questions you might have.' So, whether we've got an opponent or not, whether they're well-financed, whether they're well known, it's all about the people."

Top composite photo: Steve Hawley on the left, and David Bellavia.

Audio and images provided by our news partner, 13WHAM. For their story about the event, click here.

Law and Order: Homeless man jailed without bail following melee he's accused of starting at hospital

By Billie Owens

Dustin Wayne Bogue, 36, no permanent address, is charged with: second-degree attempted assault -- attempt to cause injury to officer/fireman/EMT/hospital staff; criminal mischief, intentionally damaging property; and third-degree criminal tampering. Bogue was arrested at 3:01 p.m. on Aug. 7 after he allegedly initiated a physical altercation with Mercy EMS paramedics at UMMC. He was arraigned and jailed without bail and will appear in City Court at a later date. The case was handled by Batavia Police Officer Marc Lawrence, assisted by Officer Frank Klimjack.

Kelly M. Howell, 32, of Monclair Avenue, Batavia, is charged with: endangering the welfare of a child; possession of a hypodermic instrument; second-degree criminal use of drug paraphernalia; and criminal possession of a controlled substance, 7th. The charges stem from an incident 6:07 p.m. on Aug. 14 in which narcotics and narcotics equipment were allegedly found inside this female's residence on Monclair Avenue, where three children under the age of 17 had the ability to gain access to them. Howell was jailed in lieu of $10,000 cash or bond and was due in City Court on Aug. 15. The case was handled by Batavia Police Officer Chad Richards, assisted by Officer Christopher Camp.

Robert M. Sindon, 37, of West Genesee Street, Clyde, is charged with: DWI -- with a BAC of .08 percent or more; DWI; Leandra's Law DWI -- passenger less than 16 years of age. Sindon was stopped at 5:37 p.m. on Aug. 6 on East Main Street in Batavia following an investigation into a traffic complaint. It was alleged that he was driving a vehicle while intoxicated with two children under age 15 as passengers. He was jailed without bail and was due in City Court on Aug. 7. The case was handled by Batavia Police Officer Stephen Cronmiller, assisted by Officer Christopher Lindsay.

Kevin M. McCoy, 51, of Central Avenue, Batavia, is charged with: third-degree criminal mischief -- property damage greater than $250; second-degree criminal use of drug paraphernalia; and second-degree harassment -- physical contact. McCoy was arrested on East Main Street in Batavia on Aug. 13. Police were called to an address there at 12:38 a.m. after McCoy allegedly broke an apartment window. McCoy had fled the scene but showed back up there awhile later. After attempting to elude police again, he was eventually apprehended and arrested. He was arraigned in City Court and jailed without bail. He is due in court again on Aug. 23. The case was handled by Batavia Police Officer Nicole McGinnis, assisted by Officer Felicia DeGroot.

Paul J. Doctor, 40, of Oak Street, Batavia, is charged with: criminal possession of a controlled substance, 7th; second-degree criminal use of durg paraphernalia; unlawful possession of marijuana; and speeding. He was arrested at 10:15 p.m. Aug. 5 on Clinton Street in Batavia following a traffic stop for speeding. He was allegedly found to be in possession of a crack pipe, chore boy, plunger with drug residue and marijuana. He was due in City Court on Aug. 14. The case was investigated by Batavia Police Officer Jason Davis, assisted by Officer Christopher Lindsay.

Jason M. Frens, 47, of Griffin Road, Basom, is charged with second-degree criminal use of drug paraphernalia and seventh-degree criminal possession of a controlled substance. Frens was arrested on the charges following a traffic stop at 10:15 p.m. on Aug. 5 on Clinton Street in Batavia. He was a passenger in the vehicle that was stopped and allegedly was found to be in possession of a crack pipe, chore boy, and plunger with drug residue. He was due in City Court on Aug. 14. The case was investigated by Batavia Police Officer Jason Davis, assisted by Officer Christopher Lindsay.

Andrew M. Cerrillo, 27, of Stony Point Road, Grand Island, is charged with: felony DWI -- previous conviction offense within 10 years; speeding; no turn signal; and expired 2017 10-day inspection. He was arrested at 3:35 p.m. on Aug. 14 on Main Road in Stafford after he was stopped for speeding. He was jailed on $5,000 cash or $10,000 bond. The case was handled by Genesee County Sheriff's Sgt. John Baiocco, assisted by Deputy James Stack.

Alexandria Claire Pisarek, 25, of Maple Avenue, Oakfield, is charged with seventh-degree criminal possession of a controlled substance. She was arrested at 5:08 p.m. on Aug. 15 following a transport to GC Jail. She was allegedly found to be in possession of 20 small bags of heroin. She is due in City Court to answer the charge on Oct. 16. The case was investigated by Genesee County Sheriff's Deputy Joshua Brabon.

Patrick S. Rumble, 31, of Hutchins Place, Batavia, is accused of first-degree criminal contempt, third-degree robbery, and fourth-degree grand larceny. Rumble was arrested then arraigned in City Court on Aug. 9. He was arrested on a warrant for the charges. On Aug. 1, he allegedly stole a cell phone from an individual's hand and that person had a stay away order of protection against Rumble. During the course of the crime, Rumble allegedly pushed and struck the victim, all in violation of the court order. He was jailed in lieu of $5,000 cash and $10,000 bond and was due in court today (Aug. 16). The case was handled by Batavia Police Officer Jamie Givens.

Jeffrey Michael Johnson, 30, of Jackson Street, Batavia, is charged with second-degree harassment. He was arrested at 8:18 p.m. on Aug. 5 at 101 Jackson St. in Batavia after he allegedly pushed a female during an incident. He was due in City Court on Aug. 14. The case was handled by Batavia Police Officer Mitchell Cowen, assisted by Officer Stephen Cronmiller.

Andrew J. Duckworth, 39, of Monclair Avenue, Batavia, is charged with first-degree criminal contempt and fouth-degree criminal mischief. Duckworth was arrested at 6:04 p.m. on Aug. 13 following a domestic incident on Montclair Avenue in which he allegedly damaged property and violated a court order of protection. He was jailed without bail and was due in City Court on Aug. 14. The case was handled by Batavia Police Officer Marc Lawrence, assisted by Officer Christopher Lindsay.

Ahdeosun R. Aiken, 20, of Ellicott Avenue, Batavia, is charged with second-degree criminal contempt. At 8:19 p.m. on Aug. 3 Aiken was arrested on Walnut Street in Batavia for allegedly violating a stay away order of protection. He is accused of being at the protected party's residence during an incident. He was released on his own recognizance and was due in City Court on Aug. 6. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Jamie Givens.

Carrie L. Hensley, 41, of Highland Park, Batavia, is charged with: DWI; aggravated unlicensed operation of a motor vehicle in the third degree; and DWI with a BAC or .08 percent or more. She was arrested at 12:16 a.m. on Aug. 13 on Central Avenue in Batavia after she was allegedly found to have driven a motor vehicle while intoxicated. She was issued appearance tickets and is due in City Court on Aug. 22. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Felicia DeGroot.

Steven D. Clattenburg, 58, of Washington Avenue, Batavia, is charged with: not wearing a seat belt; DWI; DWI -- with a BAC or .08 percent or more; and unlawful possession of marijuana. Clattenburg was arrested at 7:37 p.m. on Jefferson Avenue in Batavia following a traffic stop for no seat belt. He was issued appearance tickets and is due in City Court on Aug. 22. The case was handled by Batavia Police Officer Stephen Cronmiller, assisted by Officer Christopher Camp.

Kyle A. Scheuerlein, 25, Leyland Lane, Aurora, Ill., is charged with: DWI -- first offense; refusal to take a breath test; and failure to stop at stop sign. He was arrested at 1:16 a.m. on Clinton Street in Batavia on Aug. 4. He was issued tickets and released. He is due in court on Aug. 22. The case was handled by Batavia Police Officer Matthew Wojtaszczyk.

James R. Tillery, 46, of Farwell Drive, Batavia, is charged with second-degree harassment -- physical contact. He was arrested at 1 a.m. on Aug. 11 on Farwell Drive following an incident in which he allegedly struck someone. He was issued an appearance ticket and was due in City Court on Aug. 14. The case was handled by Batavia Police Officer Marc Lawrence, assisted by Officer Kevin DeFelice.

Justin T. Gladney, 29, of North Spruce Street, Batavia, is charged with petit larceny. He was arrested at 4:30 p.m. on East Main Street in Batavia and is accused of stealing a bicycle. He was issued an appearance ticket and was due in City Court on Aug. 14. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Chad Richards.

Austin B. Nelson, 22, of Thomas Avenue, Batavia, is charged with petit larceny. At 7 p.m. on July 5, he allegedly stole money from the place of business where he was employed on East Main Street, Batavia. He was arrested and issued an appearance ticket and is due in Batavia City Court on Aug. 28. The case was investigated by Batavia Police Officer Jamie Givens.

Isaiah James Alfred Munroe, 28, of Liberty Street, Batavia, is charged with fourth-degree criminal mischief. He was arrested following the investigation into an allegation that he damaged a door to a residence on Liberty Street in the city at 4:45 p.m. on Aug. 11. He was processed at police headquarters, issued a computer-generated appearance ticket and released. He was due in City Court on Aug. 14. The case was handled by Batavia Police Officer Kevin DeFelice, assisted by Officer Matthew Lutey.

Danny D. Williams, 29, of Pearl Street, Batavia, is charged with disorderly conduct. He was arrested at 8:34 p.m. on Aug. 10 at 107 Watson St. in Batavia. His arrest came after a disturbance on Watson Street; Williams allegedly would not disperse and continued to attempt to fight another male at the location. Williams is due in City Court on Aug. 21. The case was handled by Batavia Police Officer Mitchell Cowen, assisted by Officer Chad Richards.

Dylan Richard Brandt, 25, of Larrowe Street, Cohocton, is charged with trespass. He was arrested at 8:15 p.m. on Aug. 11 at Darien Lake Theme Park after he allegedly reentered the park after having been ejected for shoplifting merchandise from a gift shop. The case was handled by Genesee County Sheriff's Sgt. Thomas Sanfratello.

A 17-year-old resident of Le Roy is charged with second-degree harassment following an incident on Main Street in Batavia at 6:14 p.m. on July 13. It is alleged that this female engaged in a physical altercation with a subject at a restaurant. She was issued an appearance ticket for City Court on Aug. 22. The case was handled by Batavia Police Officer Chad Richards, assisted by Officer Mitchell Cowen.

A 17-year-old who resides on Sheridan Road in Bergen Riga is charged with being in Austin Park on Jefferson Avenue in the City of Batavia after hours. The female was issued a ticket at 11:47 p.m. on Aug. 2 and is due in City Court on Aug. 21. The case was handled by Batavia Police Officer Peter Flanagan, assisted by Officer Christopher Camp.

A 16-year-old resident of Batavia was arrested for littering at 7:46 a.m. on West Main Street in Batavia. The male allegedly dumped garbage onto property at the Speedway and did not pick it up after he was asked to do so by store employees. He was issued an appearance ticket for Aug. 21 in City Court. The case was handled by Batavia Police Det. Eric Hill, assisted by Officer Frank Klimjack.

Two 17-year-old males who resident on Pearl Street in Batavia are charged with unlawful possession of marijuana. The charges stem from an investigation into a vehicle located in a city park after hours. It is alleged the two males had marijuana in their possession at the time -- 8:49 p.m. on Aug. 9. Both were issued appearance tickets and are due in City Court on Aug. 21. The case was handled by Batavia Police Officer Chad Richards, assisted by Officer Mitchell Cowen.

Batavia's new city manager promises openness and support for ongoing economic development

By Howard B. Owens

As a matter of his employment contract, the just-hired new city manager for Batavia, Marty Moore, recognizes he answers to the city council but as a matter of accountability, he works for the City of Batavia residents.

"As a city manager, I am hired to represent the people who live, work, and play in the city in particular and I am accountable to them," Moore said during a 42-minute video press conference with members of the local media.

"I don't see myself as being shielded from them. I see myself as having a responsibility. I've learned in my career that it's important to show myself as a servant of the people not this guy who sits back in the office and lets everything come to him. It's not my style."

Moore promises to get out into the community, join organizations, talk with residents and business owners and get to know them and what's on their minds.

His first goal will be to get to know his staff and the members of the council.

Overall, he thinks the city is in sound shape financially and plans to support and champion the ongoing economic development projects, particularly the Downtown Revitalization Initiative.

The progress Batavia has shown, in fact, is what attracted Moore to the job.

"I really did a lot of research into all of the places I applied and Batavia really impressed me with things like revitalization and bringing new businesses in, the financial structures that are set up, the good things that your previous people at the city have done, has created, I think, a good atmosphere," Moore said.

"It's a really progressive, want-to-move-forward, can-do, all-in type of attitude and that's the type of attitude that I have. It just really felt good. It felt right."

Moore and his wife, Joanne, just celebrated their 33rd wedding anniversary. She's from Buffalo and grew up in Tonawanda and still has brothers and sisters in the area. They met while Joanne's father had a job in Hawaii and Moore was studying there at the Brigham Young University campus there. 

They have seven children and five grandchildren: Jessica, 32, has two children and lives with her family in St. John's, Mich., just six hours from Batavia; Spencer lives in the Albuquerque, N.M., area, works at Sandia National Laboratories, and has three children; Aubrey, 20, is single, working on her master's degree and lives in Provo, Utah; Melissa, 24, lives in New Mexico and is engaged; Amanda, 23, just got married to a young man from Alaska and they live in Idaho where they're attending college; Christopher, 22, is also recently married and lives in Las Cruces, N.M., where he is going to college; and 17-year-old Martin Moore Jr. is near the end of his Eagle Scout project, and will be a senior in high school this year.

Moore says he enjoys the outdoors. He and his son have climbed 22 of the highest peaks in New Mexico and intend to climb the rest. He also enjoys fly-fishing and looks forward to trying out the creeks in Western New York.

For the past six years, he's been the voice of the Eunice Cardinals on a Eunice, N.M., radio station.

As for his view on what the city is doing right and where it can improve, from what he's observed so far, he said economic development is definitely heading in the right direction. The city's finances are in good shape. There is work to be done on infrastructure and he thinks grants can be pursued more aggressively. He's taken notice of property crime issues but believes Chief Shawn Heubusch is working to address that.

A big area for improvement, he said, is transparency.

"I sense there is the need for more of a feeling of openness and transparency with the employees and with the citizens," Moore said, adding a bit later, "I think when you don't have clear communication all kinds of rumors and feelings and challenges and difficulties arise."

One of the first things he wants to look into once he starts his job Oct. 15 is the housing situation in Batavia. He wants to better understand the housing needs of the city and whether they are being adequately addressed.

Related to crime, he said one of the first things he did when he became city manager in Eunice seven years ago was hire a new police chief. Together, they tackled the serious drug problem -- mostly methamphetamine -- they felt was growing in Eunice.

The days of drug dealers openly selling meth from their front porches are over in Eunice.

"(We) made it clear that drugs are not something that we will be known for in the City of Eunice," Moore said. "I'm not going to say it's perfect. Drug deals still do go on but the drug dealers have gone underground."

Out in the middle of the desert, water is a big issue for Eunice, but so are roads and sewer lines, just like Batavia.

The budget for Eunice is typical $8 million to $10 million but is currently more than $15 million because of some bonds for capital projects. There are 50 full-time employees, along with 22 volunteer firefighters, and 10 different department heads.

The economy cycles up and down with the flow of oil from the thousands of wells dominating the skyline.

"We probably have as many oil pump jacks as Batavia has trees," Moore said.

Langworthy vows GOP will replace Collins with candidate who supports Trump's agenda

By Howard B. Owens

Republicans are confident they can ensure the name of Rep. Chris Collins is not on the November general election ballot, Erie County Chairman Nick Langworthy said Tuesday night after a closed-door meeting of the eight GOP chairs in the NY-27 at Batavia Downs.

He didn't say, however, how the might get the task done. He went no further than promising that Collins, in the midst of fighting federal allegations that he engaged in insider stock trading, will cooperate with whatever method the party tries to implement. 

"We have communicated back and forth through his team but I have not directly personally spoken to him," Langworthy said. "We are confident there are mechanisms in place where his name can be removed from the ballot and we can nominate a new candidate."

Collins didn't face a challenger in the June 26 primary for the NY-27 but he committed to the race at an even earlier date. Once petitions were gathered, he had until April 16 to decline the nomination and the party had until April 24 to fill the vacancy.

Three Methods to Remove Name from Ballot

That leaves three methods to remove his name from the November ballot: Disqualification by means of accepting another office, moving out of state, or death.

Collins reportedly has residential property in Florida he could declare his legal domicile and there are potentially town-level offices in Erie County with a vacancy he could fill.

Either move will almost certainly be challenged in court by the Democrats.

“The GOP chairs are in a very bad position," said Todd Aldinger, an Albany-based attorney who has researched the relevant law and served as chairman of the Erie County Charter Revision Commission and was Senator Patrick Gallivan’s legislative director.

"They will either have to rely on constitutionally dubious means to remove Collins from the ballot or will have to utilize provisions of the election law to circumvent the normal nomination procedure by nominating Collins for a manufactured vacancy, which a court may find to be void against public policy.”

In favor of the GOP effort to remove Collins is a 2008 case in the NY-26 race, which at the time included Genesee County. In the Matter of Kryzan v New York State Bd. of ElectionsJon Powers had won the Working Families Party line and Alice Kryzan was the Democratic nominee. Powers then moved out of state and after the ballot certification deadline Powers sought to have his name removed from the ballot and the WFP wanted to replace his name with Kryzan. A court ruled Power's name could be removed from the ballot and replaced by Kryzan.

That decision was later overturned because absentee voting had already started.A federal court ruled those voters who already received their ballots would be disenfranchised if Kryzan's name replaced Powers on the ballot.

The November ballot won't be certified until Sept. 13. Military ballots will go out in the mail Sept. 21. The GOP will, presumably, have until then to win any legal battle with the Democrats or they lose the fight and potentially the war.

To counter any GOP maneuver -- declaring Collins a resident of another state or appointing him to a dog catcher position in Erie County -- the Democrats might be able to counter that such a move has been made in bad faith or to circumvent the normal nomination process.

The relevant case law, however, isn't on point with this set of circumstances and has apparently not been tested before.

"We are very confident, consulting with what are some of the best election lawyers in the State of New York, that there are mechanisms in place to remove Congressman Collins from the ballot," Langworthy said.

Even before Langworthy met with the press outside of Batavia Downs, Michael Plitt, chairman of the Genesee County Democratic Committee, was texting The Batavian to decry the GOP chairman's efforts to remove Collins from the ballot.

"The GOP already picked their candidate, Chris Collins," Plitt said. "There are no do-overs. Petitions are in. Collins will be on the ballot. The GOP knew Collins had an ethics investigation."

That's a similar line of attack the Democratic nominee, Nate McMurray, is taking in tweets and news interviews.

Democrats Call for Accountability

"I think these guys should be held accountable," McMurray told The Hill. "They shouldn't be able to hit reset or take a mulligan. If they try to get him to run for another office, I will call it out for what it is: a fraud upon the United States."

While the statutory feathers fly, the eight GOP chairs of the NY-27 are moving ahead with the process of handpicking a new candidate. At one point, at least 15 people had expressed an interest in the seat but Tuesday night, Langworthy indicated the winnowing process has already begun. He said he expects there will be some more informal interviews to help determine who gets a chance to sit down with all eight county chairs and lobby for the nomination.

Those interviews will take place next week.

"We were handed the extraordinary situation that you know we're not happy to find ourselves in, but we have to work through it," Langworthy said. "We have to work together. We have to work collaboratively and we need to nominate a candidate that can succeed in all eight counties to deliver a victory in November."

The public won't be part of the committee process and voting will be weighted, which means Langworthy, representing Erie County, will have the biggest say in who potentially could appear on the R line in November.

It's a momentous selection.

Michael Caputo, a GOP political consultant, and nationally known Trump ally, told The Batavian just before news broke that Collins was withdrawing from the race, that the very future of the presidency may hinge on what happens in the NY-27.

"It may boil down to one or two seats," Caputo said. "If we lose control of the house, there will be impeachment proceedings, no doubt about it."

Erie County GOP's Questionable Candidates

Erie County, however, doesn't have a strong track record when it comes to picking representatives for the GLOW region.

Rep. Bill Paxon's career ended after he helped lead a failed attempt to oust Newt Gingrich as Speaker of the House. Rep. Tom Reynolds didn't run for reelection after his name was linked to a couple of scandals in the House. Rep. Chris Lee posted a bare-chested picture of himself on Craigslist. Assemblywoman Jane Corwin lost a race generally thought to be hers to lose.

And now Chris Collins, federally indicted on counts of securities fraud, wire fraud, and lying to the FBI. Collins was allegedly the tip of a tipping tree where he provided the crucial tidbit of bad news that caused his son, and eight other associates, to dump millions of shares of Innate Immunotherapeutics Limited before the Australia-based company publicly announced its only product, a drug to treat secondary progressive multiple sclerosis, had failed its critical medical trial.

Collins said he's not guilty.

Langworthy said none of the GOP chairs have expressed any dissatisfaction with the process that has led to this string of questionable GOP candidates being foisted on GLOW.

"I think it's a matter of the party rules," Langworthy said. "I think we work collaboratively. We're working together. Many of the candidates now hail from the GLOW region, so I didn't hear any sort of problems from any of the chairs here tonight about them."

Whoever gets the pick will instantly become the front-runner in a district that tilts +22 for Republicans, and barring the winner getting caught with his shirt off or making ill-advised stock trades, he is likely being appointed to the seat for life. The Batavian asked Langworthy if a process of eight men in a room, denying both candidates and voters the normal primary process to fill a vacancy, is the right process to follow.

"I'm going to ask you, do you think we want to be in the situation right now?" Langworthy said.

The Batavian asked, "is it fair?"

"I think it's a bush league question you asked," Langworthy said.

"So you don't want to answer it."

Langworthy: 'We Don't Want to Be Here.'

Langworthy responded, "I've already addressed this. We find ourselves in an extraordinary situation. We don't want to be here. This is a sad and unfortunate time for us. We are doing the best we can with the election law as it exists at this late date."

The choice for the chairs includes inexperienced candidates, candidates who have run a race but not won, or a slate of current office holders who would be forced to vacate a ballot line creating a new legal challenge for the party.

"I'll let you all decide who you think the front-runners are," Langworthy told the gaggle of assembled reporters from throughout the region. "We have a process to maintain. We have to continue to work together.

"You know there are candidates from throughout this district that represent different portions of this district. We're all dedicated the same thing, which is finding a conservative Republican candidate that can win this district and help President Trump achieve his agenda.

A bit later Langworthy said: "We need we need a candidate that we can all get behind in eight counties (who) can be out there meeting the voters, talking about the important issues. I mean it's a very geographically diverse district.

"I mean, you have cities, you have suburban towns, you also have a lot of rural and agricultural areas, so you have a lot of different types of people who (need to) get up to speed on federal issues. Even if they're a state official, they might not understand the federal ramifications. Those are things that we have to hit the ground running on very, very quickly."

It will be such a difficult race in such a compressed time frame that Langworthy doesn't think it's the place for novices to enter.

"I personally think that this is probably not the time for a completely new candidate, someone that doesn't understand the political process or maybe hasn't been a part of an election before in a big league level," Langworthy said. "I don't think there's a lot of time for a learning curve for a first-timer that hasn't been through the process."

White House Weighs in on Selection 

Langworthy also revealed that the White House is weighing in on the selection process.

"We're in consultation," Langworthy said. "Yesterday I had a meeting with the White House political director to discuss this race. We have been in discussions with the executive director of the National Republican Congressional Committee. They are very concerned about the future of the seat. They want to make sure it stays in Republican hands."

Whoever gets the nod from the eight chairs, Langworthy said he hopes to attract Trump to WNY to campaign for the candidate.

"I came from Utica yesterday where I saw President Trump come in for a Congresswoman Tenny," Langworthy said. "It's a very hot seat and I know they raised an awful lot of funds in a short window. It was only a one week lead-up to the event and there were hundreds and hundreds of people there showing their support and writing checks to support the congresswoman. I would love to see that sort of enthusiasm with a presidential visit."

Teen killed by hit-and-run driver in Darien planned to become an Upstate, rural doctor

By Howard B. Owens

All across America, there is a shortage of rural doctors. That problem is expected to only get worse as doctors born during the Baby Boom retire with greater frequency in the coming years.

New York isn't immune. A recent survey of the state's hospitals by Healthcare Association of New York found that Upstate needs 615 more doctors.

Connor Lynskey, the 18-year-old resident of Hinckley, who was killed by a hit-and-run driver in Darien on Saturday, was well aware of Upstate's doctor shortage, which is why he decided to attend medical school and become a rural doctor.

He had already been accepted into Upstate Medical University, according to Don Lynskey, his brother-in-law. Connor Lynskey was planning to attend Siena in the fall as part of a dual-admissions program to undergrad study and medical school for students committed to becoming rural doctors. His brother, Don said, is in the third year of the same program.

In his admissions essay about his plans, Lynskey said the difficulty his sister had in getting a correct diagnosis for Type I Diabetes in Utica inspired his career choice.

"Her struggle to find a local treatment center motivates me to become a rural physician," Lynskey wrote. "Pursuing this goal, I began a shadowing program at Rome Hospital to achieve insight regarding my future job. I was able to shadow the Emergency Room, Radiology Unit, Intensive Care Unit, and Pediatrics. Each day, I attempted to absorb the knowledge presented while becoming increasingly involved in the care of patients. With my newfound knowledge, I now prepare to conquer the obstacles that await me on the road to becoming a physician."

Friday evening Lynskey attended the Jason Aldean concert at Darien Lake Performing Arts Center with friends and family. After the concert, the group walked back to their campsite at Darien Lakes State Park, taking Sumner Road. At some point, Lynskey decided to run ahead to catch up with his friend.

On the dark, hilly road, nobody in the group saw what happened next. Lynskey was hit by a car whose driver didn't stop to help or call police. When the group reached their campsite and Lynskey wasn't there, they contacted the State Park Police who notified the Sheriff's Office. Officers patrolled the area, including Sumner Road but nobody saw Lynskey or any scene of a problem.

Perhaps 30 minutes later, a woman, Jennifer L. Serrano, 48, of Charles Street, Irving, was driving on Route 77 in Darien and her car nearly struck a marked patrol car. A deputy stopped her and wound up charging her with DWI.

The next morning, Deputy Richard Schildwaster, checking Sumner Road, found debris in the roadway and when he got out of his vehicle and looked around, he found Lynskey's body in a ditch.

Serrano, who had been released on bail on the DWI charge, was identified as the suspect and was arrested in Amherst, her vehicle was seized, and she has been charged with vehicular manslaughter in the second degree and leaving the scene of a personal injury accident. She is being held on $100,000 bail or $200,000 bond.

The Batavian's news partner, 13WHAM contributed to this story.

Eunice, N.M., loses a city manager, Batavia gains one with hiring of Martin Moore

By Mike Pettinella

Updated at 8:55 p.m.

City Council voted by an 8-1 margin to hire Martin Moore, Ph.D., as the City's new manager, replacing Jason Molino who left for an administrative position in Tompkins County in January. A story about the voting at a special business meeting at City Centre Council Chambers will follow.

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The Batavia City Council is expected to approve the hiring tonight of Martin Moore, Ph.D., city manager of Eunice, N.M., since 2011, as the city's new top executive.

Moore has accepted a three-year contract, which must be approved by the council tonight, to fill the vacant city manager position in Batavia.

Moore will begin his duties in Batavia on Oct. 15.

City Council President Eugene Jankowski said Moore could not attend tonight’s meeting due to a family wedding but will be available via video conference at 3 p.m. Wednesday at City Hall.

Jankowski had nothing but words of praise for Moore, who was voted “City Manager of the Year” in 2015 by the New Mexico Municipal League for his “handling of the city’s finances and progress of the community and how it operates.”

“He is articulate and personable,” Jankowski said, “and all of us have been very impressed by him.”

Moore also won praise from Councilman Art McGinnis.

"He was mature, gave great answers and has incredible experience," McGinnis said. "We really won out on this one. Big time. I'm very happy."

Jankowski said Moore’s wife has family in North Tonawanda and that they have been looking at relocating to Western New York.

Eunice is a city of about 3,000 people, located just west of the Texas border in the southeast corner of New Mexico.

It operates under the guidance of a nine-member City Council, including Mayor Billy Hobbs. According to the city’s website, it is in a “period of sudden growth,” with the oil field (its main employer) in a boom period, due to the price of oil.

“All companies are in need of employees with unemployment for Lea County running at 0 percent.

"Also, the National Enrichment Facility has received their license and will be building a $1.7 billion project five miles out of town.

"They will employ approximately 250 permanent employees and have up to 1,000 construction workers on site in two years. The total project will take seven to 10 years to build.”

Additionally, the website reports that its schools are “top-notch with prekindergarten through 12th grade. The community is very involved with all levels of sports and has many state championships in all.” The Eunice High School baseball has produced 17 state championships, which is fifth-most in the nation.

Moore’s contract, as reported first on The Batavian, calls for a starting salary of $110,000, with increases of $2,000 annually. He also will receive retirement benefits, paid family medical insurance, three weeks’ vacation, life insurance, and relocation reimbursement up to $10,000.

His previous executive management experience includes a four-year stint as a consultant, census 2010 crew leader and general manager in Timberon, N.M.; county manager for Otero County, N.M.; executive director of Eastern Arizona Counties, and director of development and community services for Apache County, Ariz.

An Eagle Scout, he was a member of several professional associatons and president of the Rotary Club of Eunice, N.M.

Moore replaces former manager Jason Molino, who left in January for a similar position for Tompkins County. Public Works Director Matt Worth has been handling the city manager responsibilities on an interim basis since Molino’s departure.

Manslaughter suspect in Darien nearly hit patrol vehicle at another location after alleged hit-and-run

By Howard B. Owens

The driver in an alleged fatal hit-and-run accident on Sumner Road in Darien just after midnight Saturday was later arrested for DWI after her car nearly hit a marked Sheriff's patrol vehicle at 1 a.m. on Route 77.

It's estimated that the hit-and-run victim, 18-year-old Connor Lynskey, of Hinckley, was struck at about 12:30 a.m.

Jennifer L. Serrano, 48, of Charles Street, Irving, was identified as a suspect based on a tip received by the Sheriff's Office after news of Lynskey's death was reported.

Serrano is charged with vehicular manslaughter in the second degree and leaving the scene of a personal injury accident. She is being held on $100,000 bail or $200,000 bond.

Lynskey attended the Jason Aldean concert at Darien Lake Performing Arts Center on Friday evening with family and friends. The group was camping at Darien Lakes State Park. After the concert, some members of the group started to walk back to the state park together and at some point, Lynskey reportedly decided to run ahead and catch up with a friend.

Upon returning to the park, the group realized Lynskey had not returned to the campsite so State Park Police were contacted.

State Park Police officers and Sheriff's deputies commenced a search of the area but did not locate Lynskey. The Sheriff's office reports deputies continued to patrol the area throughout the night, keeping an eye out for Lynskey.

The next morning, members of the group reported to State Park Police that perhaps they had heard a crash on the Sumner Road, which has a couple of dips and hills along the way, while walking back to the park in the dark of the night.

At 11:51 a.m., Saturday, Deputy Richard Schildwaster found vehicle debris in the roadway on Sumner Road and upon further investigation found Lynskey's body in a ditch along the roadway.

Investigators were able to determine the type of vehicle involved based on the debris.

Following her arrest on DWI in connection with the Alleghany Road incident at 1 a.m., about 30 minutes after the estimated time Lynskey was struck on Sumner Road, Serrano was arraigned in Darien Town Court and put in Genesee County Jail in lieu of $1,000 bail. A few hours later, she posted bail.

Through information developed during the investigation, the Sheriff's Office determined that Serrano was at a relative's residence in Amherst and obtained a search warrant for her vehicle. Her vehicle was seized and she was taken into custody.

Law and Order: Driver charged with DWI after accident on Lewiston Road

By Howard B. Owens

Antonio Diego Dames, 42, of Knowlesville Road, Oakfield, is charged with: DWI; driving with a BAC of .18 or greater; aggravated unlicensed operation, 1st; driving without an interlock device; and moving from lane unsafely. Dames was arrested following an investigation by Deputy Travis DeMuth into a one-car accident reported at 4:28 p.m. Thursday on Lewiston Road in Alabama.

Yahaira Ann-Marie Brown-Diaz, 19, of Bethany Center Road, Bethany, is charged with driving while ability impaired by drugs, unlawful possession of marijuana, and speeding. Brown-Diaz was stopped at 8:28 a.m. Friday on Maple Avenue, Bergen, by Deputy Ryan DeLong. Brown-Diaz was transported to the Sheriff's Office where she was evaluated by a Drug Recognition Expert.

Genna Lynn Miller, 33, of Center Street, East Aurora, is charged with DWI, driving with a BAC of .18 or greater, failure to comply with traffic control officer, and failure to keep right. Miller was stopped at 12:16 a.m. Saturday on Alleghany Road, Darien, by Deputy Patrick Reeves after her vehicle's mirror allegedly struck a traffic control officer in the arm.

Matthew Paul Sunseri, 33, of Harlem Road, Rochester, is charged with DWI and driving with a BAC of .08 or greater. Sunseri was charged following an investigation by Deputy Mathew Clor into a disturbance reported at 10:50 p.m. Sunday in the parking lot of Darien Lake Theme Park.

A 17-year-old resident of Buffalo is charged with unlawful possession of marijuana. The youth was allegedly found in possession of marijuana by State Police in the Village of Corfu at 11:05 a.m. on Aug. 5.

Walter B. Hale, 65, of Oakfield, is charged with: felony DWI; felony driving with a BAC of .08 or greater; failure to keep right; and moving from lane unsafely. Hale was stopped by State Police at 1:40 a.m. Sunday on Route 98 in Elba.

Casandra E. Holloway, 25, of Newfane, is charged with: DWI; driving with a BAC of .08 or greater; no headlights; failure to keep right; moving from lane unsafely and drinking alcohol in a motor vehicle. Holloway was stopped by State Police at 11:01 p.m. Friday on Colby Road, Darien.

Scott P. Rammacher, 42, of Lockport, is charged with DWI and impeding traffic. Rammacher was stopped by State Police at 6:35 p.m. Thursday on Route 77, Darien, for allegedly driving too slow.

Christian A. Dangelo, 28, of Rochester, is charged with unlawful possession of marijuana. Dangelo was stopped by State Police at 9:44 p.m. Thursday on Route 33, Bergen.

Kyle J. Howard, 29, of Basom, is charged with criminal trespass. Howard was arrested by State Police for an alleged incident reported at 1:30 p.m., Aug. 6.  No further details released.

Arrest made in fatal hit-and-run following Aldean concert in Darien

By Howard B. Owens

The Sheriff's Office has made an arrest in a fatal hit-and-run accident on Sumner Road, Darien, on Friday night after the Jason Aldean concert at Darien Lake Performing Arts Center.

Jennifer L. Serrano, 48, of Charles Street, Irving, is charged with vehicular manslaughter in the second degree and leaving the scene of a personal injury accident.

The Sheriff's Office executed a search warrant early this morning in Amherst and seized the vehicle they believe Serrano was driving when it struck Connor Lynskey, 18, of Hinckley.

Lynskey was camping with a group of people who attended the Aldean concert and they were walking back to Darien Lakes State Park on Sumner Road when he decided to run ahead and catch up with a friend.

None of the group apparently saw what happened. 

When they got back to the state park, they contact State Park Police because Lynskey had not returned. Park Police and deputies search the area but did not locate Lynskey.

At 11:51 a.m., Saturday, during another search of Sumner Road, Deputy Richard Schildwaster found Lynskey's body in a ditch at the side of the road.

Serrano was jailed on $100,000 bail or $200,000 bond.

Christopher Parker was the lead investigator on the case.

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