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An 18-year-old resident of Hinckley was struck and killed by a hit-and-run driver last night on Sumner Road in Darien, though his body was not discovered until late this morning.

At 12:30 a.m., the Sheriff's Office was notified by State Park Police that a member of a group of people staying at Darien Lakes State Park had not returned to the park from a concert at the Darien Lake Performing Arts Center.

Apparently, Connor Lynskey was on Sumner Road about 12:30 a.m. walking back to the group's campsite after Jason Aldean concert with a portion of the group he was camping with when he decided to run ahead and catch up with a friend.

After being notified that Lynskey was missing, deputies and troopers searched the roadways in the area but did not locate Lynskey. 

State Park Police conducted interviews this morning with members of the group and developed information that they might have heard a collision on Sumner Road while walking back to their campsite.

With the additional information, State Park Police and Deputy Richard Schildwaster were able to locate the victim.

He was pronounced dead at the scene by Coroner Karen Lang. His body was transported the Monroe County Medical Examiner's office for an autopsy.

There is no description available of the vehicle that hit Lynskey.

Anyone with information that may assist in the investigation is asked to call the Sheriff's Office at (585) 345-3000.

Assisting at the scene were the Darien Volunteer Fire Department, State Park Police, and State Police. The investigation is ongoing by Schildwaster, Investigator Chris Parker, the Crash Management Team, and Sgt. Jason Saile.

The following people were arrested by the Genesee County Sheriff’s Office during the Jason Aldean concert at Darien Lake Performing Arts Center on Friday:

Robert A. Maharrey, 23, of County Road 149, Oklona, Miss., is charged with assault on a police officer after head-butting a deputy in the face breaking the deputy's nose. Maharrey was arraigned in Darien Town Court and jailed in lieu of $25,000 bail. Additional charges are pending.

Fredrick C. M. Dugan, 22, of Ward Road, Wayland, is charged with criminal trespass, 3rd, after allegedly reentering Darien Lake property after being ejected and told not to return. Dugan was arraigned in Darien Town Court and jailed in lieu of $250 bail.

Brycen A. Thoms, 21 of Valen Court, Wellend, Ontario, Canada, is charged with criminal trespass, 3rd, after allegedly reentering the concert venue after being ejected and told not to return. Thoms was arraigned in Darien Town Court and jailed in lieu of $250 bail.

Travis R. Bennett, 26, of Ch Lariviere L’isle-Allumettes, Ontario Canada, is charged with criminal trespass, 3rd, after allegedly climbing over a fence to enter the concert venue. Bennett was arraigned in Darien Town Court and jailed in lieu of $250 bail.

Stephen T. Imposimato, 21, of Whispering Hill Road, Woburn, Mass., is charged with criminal mischief, 4th, after allegedly smashing a window of another person’s car. Imposimato was arraigned in Darien Court and jailed in lieu of $250 bail.

Alexander C. Schweitzer, 21, of Towers Boulevard, Cheektowaga, is charged with criminal trespass, 3rd, after allegedly entering the concert venue through a back gate without permission. Schweitzer was arraigned in Darien Court and jailed in lieu of $250 bail.

Arthur J. Baker, 53, of Sparks Road, Arcade, is charged with trespass after allegedly attempting to reenter the concert venue after having been ejected and told not to return.

Marcus J. Haefner, 25, of Middle Road, Rush, is charged with trespass after allegedly attempting to reenter the concert venue after having been ejected and told not to return.

Shauna C. Lennon, 26, of Klemer Street, North Tonawanda, is charged with trespass after allegedly attempting to reenter the concert venue after having been ejected and told not to return.

Tyler S. Stroud, 22, of South Maple Street, Warsaw, is charged with trespass after allegedly attempting to enter the concert venue after being ejected and told not to return.

Antonio M. Donoso, 25, of Victor Drive, Rochester, is charged with trespass after allegedly attempting to enter the concert venue after being ejected and told not to return.

Jacob H. Tillotson, 18, of Walker Road, Pavilion, is charged with criminal trespass, 3rd, after allegedly jumping a fence to enter the concert venue.

Wes S. Snyder, 31, of Kendall Road, Holley, is charged with harassment, 2nd, after allegedly pushing a Live Nation medic several times.

Brady F. Metcalf, 19, of Shelly Road, Livonia, is charged with disorderly conduct after allegedly punching another patron in the face while exiting the concert.

Aaron T. Mills, 26, of Elm Street, Canisteo, is charged with disorderly conduct after allegedly pushing another patron while exiting the concert venue.

The tweet that changed the complexion of the NY-27 congressional race had barely reached all of the followers of @repchriscollins before Republicans with aspirations to serve in Congress started declaring their interest in replacing Rep. Chris Collins on the GOP line of the November ballot.

Dick Siebert, chair of the GOP in Genesee County, said he's already heard from three candidates, including two from Batavia -- Steve Hawley and David Bellavia.

It will be up to the county chairs in the NY-27 -- given that the primary season is already past and it's less than three months to Election Day -- to pick whose name goes on the R line instead of Collins.

That is if a legal way can be found to get the incumbent's name off the ballot. Possibilities include, or so we are told, finding another elected office to appoint Collins to, such as a judgeship, or having Collins declare permanent residency in Florida.

"My reaction?" Siebert said when asked for his reaction to Collins suspending his campaign. "I was relieved that he did it. It was the right thing to do."

This morning, well before Collins announced he was getting out of the race, The Batavian interviewed Michael Caputo, a GOP political consultant from Buffalo and a close ally of President Donald Trump. Caputo talked at length about all the ways Collins staying in the race harmed Republicans and threatened the very survival of Trump's presidency.

"The scandal and prosecution are in small but profound ways a bad reflection on the president," Caputo said. "I don't think Chris Collins will ever darken the doorstep of the Oval Office again."

The president, Caputo said, learned a powerful lesson when he looked past allegations against Judge Roy Moore in the run-up to his Alabama Senate race about the Republican candidate's reputation for chasing teenage girls. 

Caputo said the closer he gets to Collins at this point, the greater the risk it will blow back in his face and he doesn't want a repeat of the Roy Moore fiasco.

"The president is inclined to look past mere partisan allegations because he weathers so many of those himself, but this 30-page indictment of the wealthy trying to preserve their wealth, it's a terrible look in the New York 27th, where the vast majority of voters are low to middle class on the economic scale," Caputo said.

It was Caputo who first introduced Trump to Collins in 2014 when Trump was considering a run for governor. Collins endeared himself to Trump during the 2016 campaign by being such a strong defender of Trump in television appearances but all that goodwill evaporated when Collins was arrested.

Then Collins became a liability, both because of the perception of his close proximity to the president, and because there is a recognizable danger of Republicans losing control of the House in the midterms.

"It may boil down to one or two seats," Caputo said before we knew Collins was dropping out of the race. "It may boil down to Nate McMurray and Chris Collins. If we lose control of the house, there will be impeachment proceedings, no doubt about it."

In an analysis of data about scandal-plagued incumbents running for reelection, the political prognostication site 538 gives Collins a slender 2 or 3 percentage point chance of winning the election in November.

With the race potentially cut down to a margin of two or three points, Caputo thought it would be a hard race for Collins to win without an energized base. He was already seeing rank-and-file party leadership peeling away from Collins since his arrest.

Collins would not be able to run an effective campaign without squarely addressing the allegations, which at his Wednesday press conference he was unwilling to do, Caputo said. Every time he appeared in public, the press would be there and the lasting image, if Collins wouldn't answer questions, would be of him running away from reporters.

And his own supporters wouldn't have been willing to defend him, then, in their neighbor-to-neighbor conversations.

"One by one, they (would) drop away and in the end, he (wouldn't) have the people to mount an effective get-out-the-vote effort," Caputo said.

That is the kind of tough-love analysis Collins probably heeded when he said in his withdrawal statement, "After extensive discussions with my family and my friends over the last few days, I have decided that it is in the best interests of the constituents of NY-27, the Republican Party and President Trump’s agenda for me to suspend my campaign for reelection to Congress."

The process for picking GOP congressional candidates for the GLOW region is heavily weighted toward Erie County and that process over the past decades has given us: Tom Reynolds, who retired under a cloud of scandals involving Rep. Mark Foley and the treasurer of National Republican Congressional Committee while Reynolds was chair; Chris Lee, who resigned after he was reportedly trolling for transgender women on Craigslist; and now, Chris Collins, accused of insider trading.

It's too soon to know if there are other GLOW-based candidates who might be interested in the seat beside Hawley and Bellavia, but there are Hawley and Bellavia. 

Steve Hawley, a six-term member of the state Assembly, was born and raised in Batavia, is a farmer, local business owner and was a member of the Ohio Army National Guard and the United States Army Reserves.

"Collins has suspended his campaign, whatever that means, but it's not clear if that means his name stays on the ballot or there may be some way to get his name off the ballot," Hawley said. "If that were to occur, I am proud to continue serving and helping people at any level of government and this is something I will look at if it comes up and certainly make a strong push for it."

David Bellavia was born and raised in Buffalo but is a longtime resident of Batavia. He is an American Iraq War veteran who was awarded the Silver Star for his actions during the Second Battle of Fallujah, along with other military awards and honors. He is currently a talk show cohost on WBEN. He lost a 2012 primary race to Collins, though he beat Collins in every county but Erie and Niagara.

"This is something I've dedicated 10 years of my life to doing," Bellavia said. "I'm committed myself since 2012  to correct my deficiencies in Erie and Niagara counties. I'm ready to run."

Previously:

• Chris Collins suspends campaign for Congress
• For area GOP chairs, uncertainty hangs over NY-27 race after arrest of Chris Collins
• Collins has reportedly used campaign funds to pay legal fees amidst ethics and criminal investigations
• In criminal indictment, Collins accused of lying to FBI about substance of conversation with his son while on phone at White House
• Collins mum on substance of insider trading charges, refuses to take questions at press conference
• Reform candidate for NY-27 responds to arrest of Chris Collins
• SEC complaint against Collins reveals alleged insider trading saved sellers $768,600
• McMurray responds to arrest of Rep. Chris Collins
• Chris Collins reportedly indicted by federal grand jury on insider trading charges

Rep. Chris Collins announced this morning that he has dropped out of the race for the NY-27 congressional seat.

“After extensive discussions with my family and my friends over the last few days, I have decided that it is in the best interest of the constituents of NY-27, the Republican Party and President Trump’s agenda for me to suspend my campaign for reelection to Congress,” he wrote in a statement posted on his official Twitter account.

Collins was arrested Wednesday morning on federal charges of securities fraud, wire fraud, and lying to the FBI.

UPDATE: The congressman's press office just issued this statement:

"Democrats are laser-focused on taking back the House, electing Nancy Pelosi Speaker and then launching impeachment proceedings against President Trump. They would like nothing more than to elect an 'Impeach Trump' Democrat in this District, which is something that neither our country or my party can afford.  

After extensive discussions with my family and my friends over the last few days, I have decided that it is in the best interests of the constituents of NY-27, the Republican Party and President Trump’s agenda for me to suspend my campaign for reelection to Congress.  

I will fill out the remaining few months of my term to assure that our community maintains its vote in Congress to support President Trump’s agenda to create jobs, eliminate regulations, reduce the size of government, address immigration and lower taxes.

I will also continue to fight the meritless charges brought against me and I look forward to having my good name cleared of any wrongdoing.”

Yes, the Ellicott Station project is proceeding slowly, but it is proceeding.

Last night, Savarino Companies sought County Planning backing for a special use and site plan review, two formalities before they can start construction on the mixed-use complex that will include a brewery, apartments and office space.

"This might be one of the more complicated projects I ever work on in my lifetime because New Market Tax Credits are involved and the New Markets just haven’t really been paired with HCR money before," said Courtney Cox, development associate with Savarino. "We might be like the second case ever, so the legal teams are just trying to figure out how they want to make this work."

The New Market Tax credit is a mechanism that enables Savarino to secure private financial support for a bulk of the project's $17.6 million price tag. The New Market Tax Credit program, was created about two decades ago, in part to replace grants that financed many failed urban renewal programs. Tax credits on the project can be sold as assets to help create a market-driven way to encourage development in economically distressed neighborhoods. 

HCR is Homes and Community Renewal, a state agency that provides funding for housing in financially depressed neighborhoods.

These two financial programs are not commonly brought together and they have different criteria that developers must meet. HCR has a 30-year compliance period and New Markets has a seven-year period with a requirement to refinance after seven years, as one example of the complications that need to be worked out.

Still, Cox still estimates financing will close in this month or nextl, thereby allowing contractors to get a shovel in the ground before the first freeze. If crews can get the site cleared and foundations built before winter, then workers can put up steel and start working on walls.

The entire construction cycle, however, is estimated to be 24 months.

Despite these delays, the anchor tenant, Resurgence Brewing in Buffalo is patient, Cox said.

"They understand," he said. "We renegotiated some of the terms of the lease pretty easily between the two parties, so they're are hanging in there."

One of the biggest changes in the site plan is the apartment complex, which will now include 55 apartment units instead of 51.

That's a change needed to comply with HCR requirements.

"These programs all have design guidelines," Cox said. "There is a limit on how large one-bedroom, two-bedroom, three-bedroom units can be. In the original plan, the one-bedroom units were larger than what they allow, so we had to downsize."

The one-bedroom apartments will be about 785 square feet.

"They’re not tiny units by any means," Cox said. "I think it's just being efficient with space that public money is being invested into."

Even though no ground has been broken yet, Rachel Tabelski, director of the Batavia Development Corp., said Ellicott Station remains one of the state's ground-breaking projects.

"This is the first brownfield opportunity area -- they have these all over the state -- but this is the first one that is actually close to putting a shovel in the ground," Tabelski said. "So across the state, we are the poster child for having a developer come in and commit to this site and prove that the brownfield opportunity area works."

The success in getting the project this far has put Batavia on the map with investors looking to finance similar projects.

"This project is a catalyst," Tabelski said. "Everybody wants to know what’s going on. They’re calling us out of Manhattan now asking are there deals here they can play. That’s a huge testament to how big this is."

Plush Dozier, AKA Plush Kevin Dozier, is indicted for the crime of first-degree arson, a Class A-1 felony. It is alleged that on the night of June 15 or the early morning of June 16 that he intentionally damaged a building -- a residence on Maple Street in the City of Batavia -- by causing a fire. This fire caused serious physical injury to another person, who was present and not a participant in the crime, and the defendant allegedly knew the person's presence inside the residence was a reasonable possibility. In count two, Dozier is accused of second-degree attempted murder, a Class B felony. It is alleged in count two that at the time of the crime, Dozier acted with intent to commit murder in the second degree -- to intentionally cause the death of another person -- and engaged in conduct to that end.

Torrence C. Greene is indicted for the crime of criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on Feb. 2 in the City of Batavia that Greene knowingly and unlawfully possessed a narcotic drug -- cocaine -- with intent to sell it. In count two, he is accused of the same crime for allegedly knowingly and unlawfully possessing one or more preparations, compounds, mixtures or substances containing cocaine that had an aggregate weight of one-half ounce or more.

Michael J. Mawn is indicted for the crime of aggravated unlicensed operation in the first degree, a Class E felony. It is alleged that on May 14 in the Town of Stafford that Mawn drove a 2000 Jeep Cherokee on Route 33 knowing or having reason to know that his driver's license was suspended, revoked or otherwise withdrawn by authorities. It is further alleged that he did so while under the influence of alcohol. In count two, he is accused of DWI, as a misdemeanor, for allegedly driving while intoxicated on that day. In count three, Mawn is accused of driving while ability impaired by alcohol for allegedly driving that day while his ability to do so was impaired by the consumption of alcohol. In count four, he is accused of speeding, a vehicle and traffic law infraction, for allegedly driving in excess of the 55-mph speed limit. In Special Information filed by the District Attorney's Office, Mawn is accused of having been convicted of DWI, as a misdemeanor, on Jan. 7, 2005, in Monroe County Court and that conviction forms the basis for the suspended or revoked license referred to in count one. It further states that Mawn knew or should have known that his license was revoked because of the conviction and the revocation was still in effect when he committed the crimes alleged in the current indictment.

Gary D. Burney is indicted for the crime of bail jumping in the second degree, a Class E felony. It is alleged that Burney was released from custody or allowed to remain at liberty by court order, either upon bail or his own recognizance, upon condition he would subsequently personally appear in Genesee County Court in connection with a felony charge against him. He failed to appear on Jan. 9 or voluntarily within 30 days thereafter, hence the indictment.

On a personal level, the insider trading charges against Rep. Chris Collins are disappointing, said Richard Siebert, chairman of the Genesee County GOP, but it will be up to members of his committee to decide how local Republican leadership should respond to the allegations.

He said the executive committee will meet Aug. 20 to discuss their options, which would include everything from standing by there man or asking him to resign.

The case against Collins, Siebert conceded, looks pretty strong but he also believes that in this country, we support the rule of law and a person is innocent until proven guilty.

He understands, though, not all voters are going to see it that way and that could make it hard for Collins to get out in the district over the next three months and battle for re-election.

"It's a tough situation to campaign in with this hanging over your head," Siebert said. "The people in Genesee County are tough people and they don't like scandals and they don't like to feel betrayed so I wouldn't want to be in his shoes right now."

Ellen Grant, chair of the GOP in Wyoming County, said she is also waiting to see how things play out, with a similar belief in America's justice system but recognizing the case presented by federal prosecutors doesn't look good for the incumbent congressman.

"I was very surprised and very dismayed by the news," Grant said. "It seemed like a strong case that was put forth in New York City. I listened to the timelines they presented and the other information but I also understand people have an opportunity to rebut and refute and that everyone is innocent until proven guilty."

She understands, she said, that these charges were just filed and Collins has a lot on his plate but she was disappointed in his press conference in Buffalo on Wednesday. While he proclaimed his innocence, she noted, he provided no information that might convince constituents to believe him.

"I don't know when he might make any further statements beyond what he has said but I'm hopeful more information will come out to assure voters and the people in the party who are working for his re-election so he can continue to be our representative as a candidate and a congressman and do those jobs well."

As an elected official holding national office, Collins is in the public eye, she said, so "you have to prove your innocence instead of just proving you're not guilty to retain the public's confidence."

In Orleans County, GOP County Chair Ed Morgan said the future of the congressman is entirely up to him.

"My opinion, my stance is, we're in American and in America, you're innocent until proven guilty," Morgan said. "He's in the driver's seat. He can stay in the race if he wants. He is still our congressman and I will still back him and wait and take a deep breath and in a week (when his committee will meet) we'll see what our options are."

Morgan said he sees the legal issues faced by Collins as separate from his position and our congressional representative.

"This is not a congressional issue," Morgan said. "It's more of a legal issue. I think he's done a great job for the area and I think he would continue to do a great job. I'll keep an open mind. Our county is one of the smaller ones but one of the more heavily Republican ones."

The only other GOP county chair The Batavian tried to reach is Nick Langworthy from Erie County. We have placed calls yesterday and today and sent him a text message and have gotten no response.

Morgan also questioned the timing of the charges, just three months before an election, and wondered if they might be politically motivated (for the record, the prosecutor in the case is a Trump appointee) but Dick Siebert had a different take on the timing of events.

He wonders why Collins didn't alert the county chairs sooner about the pending investigation. The allegations stem from June 2017, months before Collins asked local party members to start passing around petitions for his candidacy (though it's hard to know when Collins became aware of the federal criminal investigation, he certainly knew as far back as April 25 and the news of his arrest caught everybody by surprise).

"If we had known before," Siebert said, "It would have given Chris a chance to explain himself before we decided whether to endorse him."

As for Siebert's own take on the allegations, he's been pretty unhappy since the news came out, he said.

"Right now from everything I've seen of the evidence, and what I watched of the proceeding when the charges were filed, there is no doubt about it, it's very disturbing," Siebert said. "It's very damning. This is not what you expect from a congressman or any elected official for that matter. In Genesee County, I'm proud of all the people we've helped get into office. We run clean campaigns. We've had no scandals in Genesee County in my 44 years and so I'm disappointed in our congressman."

Previously:

• Collins has reportedly used campaign funds to pay legal fees amidst ethics and criminal investigations
• In criminal indictment, Collins accused of lying to FBI about substance of conversation with his son while on phone at White House
• Collins mum on substance of insider trading charges, refuses to take questions at press conference
• Reform candidate for NY-27 responds to arrest of Chris Collins
• SEC complaint against Collins reveals alleged insider trading saved sellers $768,600
• McMurray responds to arrest of Rep. Chris Collins
• Chris Collins reportedly indicted by federal grand jury on insider trading charges

 NOTE: In our previous coverage of the allegations of insider trading against Rep. Chris Collins, we cited a government document as a "criminal complaint." This was an oversight on our part and we subsequently corrected those stories to indicate we were referencing a civil complaint filed by the Securities and Exchange Commission. This story is based on the indictment against Collins and his co-defendants. To read the indictment yourself, click here.

Of the 10 or so people who allegedly took part in an illegal tip tree, giving them an opportunity to dump their stock holdings in Innate Therapeutics before public disclosure that a critical medical trial had failed catastrophically, only three among the 10 face criminal charges. 

Two of the alleged conspirators -- Lauren Zarsky and Dorothy Zarsky -- have reportedly admitted to the SEC that they engaged in insider trading and have agreed to return their "ill-gotten gains."

The SEC settlement is a civil matter. Neither of the women has been charged, at least so far, with a criminal offense.

The three men at the top of the alleged tip tree, however, could go to prison, if convicted, for up to 20 years.

They are, Rep. Chris Collins, his 25-year-old son Cameron Collins, engaged to Lauren, and Lauren's father, the 66-year-old Stephen Zarsky. They are charged with conspiracy, securities fraud, wire fraud, and making false statements to FBI agents.

According to the criminal indictment, the narrative of how Chris Collins came to be accused of insider trading begins with an email he received at 6:55 p.m., June 22, 2017. Collins was at the annual Congressional Picnic on the lawn of the White House when he reportedly read a message from Innate's CEO, who is Simon Wilkinson, according to the company's website.

"I have bad news to report," Wilkinson wrote. "The top line analysis of the 'intent to treat' patient population (i.e., every subject who was successfully enrolled in the study) would pretty clearly indicate 'clinical failure.' "

He continued, "Top-line 12-month data ... show no clinically meaningful or statistically significant differences in [outcomes] between MIS416 and placebo."

The email concluded, "No doubt we will want to consider this extremely bad news."

Collins responded at 7:10 p.m., according to prosecutors, "Wow. Makes no sense. How are these results even possible???"

He is then suspected of immediately attempting to contact his son. He called Cameron twice. Cameron called back three times. Chris Collins called him back. On their seventh attempt to connect, at 7:16:19 p.m., father and son finally spoke with each other. 

Video has surfaced that shows Collins pacing on the White House lawn at 7:17 p.m. talking on his mobile phone.

Chris and Cameron spoke for six minutes and eight seconds.

The indictment alleges the congressman revealed that the MIS416 trial failed, disclosing nonpublic information, knowing it was a breach of his duties and anticipating his son would trade on the information and tip others.

When Cameron Collins allegedly learned of the clinical trial failure, the over-the-counter market in the United States was closed.

At 7:42 a.m. the next morning, Cameron Collins placed an online order to sell 16,508 shares of Innate. The order was executed at 9:30 a.m. when the OTC market opened.

As the day worn on, Cameron allegedly placed 17 more orders to sell. He's accused of placing 36 more on Monday. 

During this flurry of trading, Chris Collins and Cameron Collins spoke on the phone several times, prosecutors allege. During one five-minute conversation, while still on the phone, Cameron Collins allegedly placed an order to sell 50,000 shares.

In all, he sold 1,930,500 shares during this trading binge. In all, he sold 5.2 million shares, according to federal documents. As a result, he allegedly avoided a loss of $570,900.

In the days before the CEO learned of the clinical trial failure, the future of Innate looked much brighter after the FDA cleared Innate to open what's called an Investigational New Drug application. That clearance moved Innate one step closer to a public release of its new multiple sclerosis drug. 

The company announced the good news June 21.

A few days earlier, on June 19, Lauren Zarsky used her online brokage account for the first time ever to buy Innate stock, grabbing 40,464 shares over a two-day period. 

According to the indictment, Lauren Zarasky didn't even own Innate stock for a full week. At 9:37 a.m., June 22, after reportedly meeting with Cameron Collins at her father's house, Lauren sold her entire Innate portfolio.

Lauren Zarsky avoided losses of $19,440 with the timely sale of her stock.

Lauren Zarsky has not been charged criminally. A spokesman for the Southern District in New York of the U.S. Attorney's Office said he was not permitted to discuss whether or not Lauren Zarsky has cooperated with investigators. 

Before Cameron Collins started his alleged stock dump, he went to the home of Stephen Zarsky, the indictment alleges and met with Stephen Zarsky, Lauren Zarsky, and Dorothy Zarsky.

According to prosecutors, Cameron disclosed information about the failed trial and informed the family that he would sell his shares but give the Zarskys a chance to unload their shares first out of concern that his share dump could potentially depress the share price. The indictment doesn’t reveal how investigators learned the substance of the conversation.

That night, at 9:34 p.m., before trading of Innate shares were halted in Australia, Dorothy Zarsky called her brokerage. A telephone rep walked her through the process of executing an online trade in Australia. That night, she sold 30,350 of her 50,000 shares on the ASX market. The next morning, she sold her remaining shares in the U.S. over-the-counter market. She avoided $22,600 in losses.

At 7:52 a.m., June 23, Stephen Zarsky allegedly contacted his broker and placed an order to sell his 303,005 shares at no less than 41 cents a share. That was well below the previous day’s closing price of 52 cents per share. His shares sold at 9:30 a.m. for 51 cents a share. Stephen Zarsky allegedly avoided $143,900 in losses.

Cameron Collins allegedly contacted another trader the morning of June 23 who immediately sold his holdings to avoid a loss of $680.

That same morning, Stephen Zarsky allegedly contacted three other people, including his brother, who held Innate stock.

Without disclosing how investigators know the contents of Stephen Zarksy's call to his brother, the indictment says that Zarsky advised his brother to sell his stocks. Investigators say Zarsky's brother concluded, without being told, that Zarsky had insider information from the Collins family, and sold his shares, avoiding a loss of $4,200.

The indictment also recounts a text message conversation Zarsky had with his brother (image at the top of this story), discussing two other traders who were allegedly advised to sell but didn’t.

Another Zarsky contact allegedly sold his shares and avoided losses of $6,700. 

During one conversation with an Innate stock owner, Stephen Zarsky reportedly told the person that Cameron Collins intended to purchase a house so he would have an excuse for the timing of his Innate trades if they ever came to light. That person Zarsky spoke with allegedly avoided $6,700 in loses.

Chris Collins is accused in Count Eleven of the indictment of lying to an FBI agent on April 25. He is accused of telling the agent that he did not pass along to Cameron Collins the confidential information before its public release that the drug trial had failed.

Cameron Collins was also interviewed by an FBI agent on April 25. He is accused of lying about his conversation with his father and lying about his knowledge of Stephen Zarsky’s Innate holdings.

Stephen Zarsky is accused of lying to a special agent of the FBI on April 25 by stating that he sold his Innate stocks solely because of his concern that Innate was too risky of an investment; that the investment had been recommended by a friend in Connecticut; that he didn’t know whether Cameron Collins had sold any shares, and that he did not know the drug trial results or discuss them with Cameron Collins prior to the public announcement.

Paul David Hussey, 63, of Highway 13, South Hurricane Mills, Tenn., is charged with four counts of attempted assault with a dangerous instrument, 1st, four counts of reckless endangerment, criminal possession of a controlled substance, and driving while ability impaired by drugs. Hussey is accused of attempting to run over patrons of the Northgate Free Methodist Church, 8160 Bank Street Road, Batavia, at 6:59 p.m. Wednesday. He was allegedly found in possession of methamphetamine. He was jailed on $25,000 bail, $50,000 bond.

Joseph T. Sieg, 23, of French Road, Depew, is charged with menacing, 2nd, DWI, aggravated unlicensed operation, leaving the scene of a property damage accident, and driving without inspection. Sieg allegedly threatened four people by displaying a knife during a disturbance on Telephone Road, Pavilion, at 9:28 p.m. Wednesday.

With barely a mention of the insider-trader charges he is facing, Rep. Chris Collins held what was billed as a press conference at the Embassy Suites in Buffalo on Wednesday evening and vowed to fight vigorously to clear his name.

He called the charges -- detailed at length earlier Wednesday in a 22-page Securities and Exchange Commission civil complaint -- "meritless" but offered no details on why he believes he has been unfairly charged.

With his wife, Mary Sue, standing placidly by his side, Collins held forth for nearly seven minutes on: his successes in business; his record as Erie County executive; his belief in the company at the heart of the insider trading allegations -- Innate Immunotherapeutics Ltd.; and his hope of finding a treatment for secondary progressive multiple sclerosis.

"I believe I acted properly and within the law at all times with regard to my affiliation with Innate throughout my tenure in Congress," Collins said. "I have followed all rules and all ethical guidelines when it comes to my personal investments including those with Innate. 

"I look forward," he added later, "to being fully vindicated and exonerated, ending any and all questions relating to my affiliation with Innate." 

After vowing that his name will be on the ballot for the NY-27 election in November, Collins walked off stage and refused to acknowledge reporters' questions.

The man prosecuting Collins, Geoffrey Berman, U.S. Attorney for the Southern District of New York, a Trump appointee, was far more detailed in a press conference in New York City earlier in the day. Berman and other federal law enforcement officials talked for nearly 30 minutes about the scheme they allege Collins enabled by his failure to keep confidential information he was legally and ethically bound to not share with anyone, not even his son.

According to Berman, however, as soon as Collins received the devastating news that a clinical trial for a promising MS drug developed by Innate had failed, Collins -- while attending a Friday afternoon Congressional picnic at the White House -- repeatedly attempted to call his son, Cameron Collins, a major shareholder of Innate stock. When he finally reached him -- while Collins was still pacing on the lawn of the White House -- father and son spoke by phone for six minutes.

That unleashed, Berman said, a frenzied four days of insider trading as the "tip tree" allegedly headed by Collins, got to work passing on info and dumping stock as soon as each member of the tip tree found out about the failed trial. Cameron managed to unload more than $570,900 in Innate stock that would become nearly worthless once the results of the trial were finally released the night of June 26, a Monday, by Innate.

"Congressman Collins couldn't keep his crime a secret forever," Berman said. "The FBI asked to interview him. And instead of telling the truth, he lied. And so did Cameron Collins and so did Stephen Zarksy. By lying to the FBI, they compounded their insider-trading crime with the crime of criminal cover-up."

The tip tree allegedly involved Cameron's girlfriend, a CPA, her father, her mother, along with other friends and family members.

Cameron Collins' girlfriend, Lauren Zarsky, and her mother, Dorothy Zarsky, have already settled with the SEC, admitting to their role in the insider-trading scheme and promising to pay back their "ill-gotten gains." Lauren Zarsky will also be prohibited from working as a CPA before the commission for five years.

"Accountants who engage in illegal insider trading should not serve in the role of gatekeeper in our securities markets," said Stephanie Avakian, co-director of the SEC.

The investigation into the alleged tipping tree began, according to Steven Peikin, head of the enforcement division of the SEC, after regulators noticed the unusual trading pattern of Cameron Collins.

According to the civil complaint, Cameron Collins, who at one time owned 5.2 million shares of Innate stock, initiated dozens of trades in increments small enough to avoid depressing the stock price but at high enough volumes that he could quickly unload all of the Innate stock he held in a U.S. brokerage. 

"When members of the market abuse unit, a specialized group within the division of enforcement, uncovered suspicious trading by Cameron Collins they did not stop there," Peikin said. "As you heard, they identified well-timed trades by people close to him including his girlfriend, her mother, her father and her father's relative and a friend."

According to Peikin, numerous investigators with the SEC, the FBI and the U.S. Attorney's office worked on the case tirelessly for months, compiling a growing body of evidence that led them to Chris Collins, his son, the Zarsky family and their friends.

"(They) developed a thorough and compelling evidentiary record," Peikin said. "That record, which is summarized in the complaints, consists of e-mails and text messages, cell phone records, trading data, communications, including recorded calls with brokerage firms, IP log-on information and other (information). It reflects frantic efforts by tippers to convey inside information and traders to sell their shares before the company's negative news announcement."

Attorneys for Chris Collins tried to make the case Wednesday that Collins is not guilty of insider trading because he did not sell any of his own stock in the company. During his time on the dais at Embassy Suites on Wednesday evening, talking in front of about 30 reporters, Collins echoed the sentiment.

"When it became clear that the drug I and others believed in fell short of our hopes and expectations, I held on to my shares rather than sell them as a result," Collins said.

It's not part of the allegation against Collins that he engaged insider trading by selling stock, however. The allegation is that he initiated a tip tree that caused others to sell based on information he was duty-bound to keep confidential.

"Congressman Collins had an obligation and a legal duty to keep that information secret until that information was released by the company to the public," Berman said. "But he didn't keep it secret. Instead, as alleged, he decided to commit a crime. He placed his family and friends above the public good. Congressman Collins was a major investor in Innate and so was his son, Cameron. The congressman knew he couldn't sell his own shares for personal and technical reasons, including that he was already under investigation regarding Innate by the Congressional Ethics Office."

At the time Chris Collins was informed by the Innate CEO via an email that the clinical trials had failed, all of the stock held by Collins was tied up in an Australian brokerage. In May of 2017, Collins attempted to transfer his stock holdings to a U.S. brokerage, according to the civil complaint, but a mistake in the form delayed the transfer. Cameron Collins completed his own transfer between countries in early June. Once Innate knew it would be making a material announcement about the company, under Australian securities rules, trading of the stock was suspended. That rule didn't apply to the stock held by Cameron Collins once it was transferred to a U.S. brokerage or the other alleged members of the tip tree, so they were able to offer their stocks for sale as a penny stock on the over-the-counter Pink market under the ticker symbol INNMF.

The SEC takes a dim view of insider trading because trust is an important component of an open securities market. When traders buy or sell stock in a company based on information not available to the general public, it violates that trust.

"Insider trading is not just illegal," Peikin said. "It is also corrosive. It threatens investor confidence in the fairness and integrity of our markets. For our capital markets to retain their place as the envy of the world, the SEC and its law enforcement colleagues must be vigilant in policing against this misconduct."

Joshua Dent, president of Dent Wealth Management in Batavia, said that is exactly the attitude he expects from the SEC and it's critical to how he and his colleagues do their jobs. They need to know the securities they recommend to investors are being traded honestly and fairly.

"Stocks are traded on information and it's critical for that information to be accurate," Dent said. "Companies can get in trouble for falsifying that information to investors. At the same time, access to that information must be open to all investors or it gives some individuals an unfair advantage. Anything that causes investors to mistrust the fairness of the market is dangerous and threatens the integrity of the entire stock market."

While anybody who bought Innate stock at the time Cameron and others were selling may have lost money on the trade, it's impossible to say that they lost money because the alleged insiders were selling. The buyers were all willing buyers, Dent explained. They probably would have been looking to purchase stock in Innate even if the alleged insiders hadn't been trading. If they bought at the share price available -- about 45 cents at the time -- they would have lost their shirts by June 27 regardless of who was selling the stock. They traded on the information available to the general public and likely would have made those trades even without the alleged insiders trading. 

"There's no recourse for them because they could have bought the stock from anybody and they were willing to buy at that price," Dent said. "It's not necessarily about the victims as much as the unfairness that the Collins's were able to avoid losses and threaten the credibility of the market. The victims are basically all investors because if some people are able to receive and act on insider information and others cannot, then, as I said, it threatens the credibility of the stock market. The credibility of the stock market is based on the ability of investors to trust a fair exchange."

Chris Collins, Cameron Collins, and Stephen Zarsky each face 13 counts of securities fraud, wire fraud, and making false statements. If convicted, they each could be looking at five years in prison.

As a result of his arrest in Manhatten this morning, Collins is already facing consequences in the House of Representatives. Speaker Paul Ryan removed Collins from the House Energy and Commerce Committee.

“While his guilt or innocence is a question for the courts to settle, the allegations against Rep. Collins demand a prompt and thorough investigation by the House Ethics Committee," Ryan said. "Insider trading is a clear violation of the public trust. Until this matter is settled, Rep. Collins will no longer be serving on the House Energy and Commerce Committee.”

During today's press conference in New York City, Co-director of the SEC Avakian addressed those tempted by insider trading.

"Here's a better inside tip for those who think they can play by a different set of rules: Access to this kind of information carries with it significant responsibility, especially for those in society who hold a position of trust, to act honorably and in accordance with the law, and do not lie to special agents of the FBI," she said.

Video: Chris Collins "press conference" in Buffalo on Wednesday evening:

CBS News carried the press conference about the charges against Collins live. In the video below, the press conference starts at about the 6:45 mark.

CBS News also obtained exclusive video taken at the White House on June 22 during the Congressional picnic. It shows Collins on the phone at 7:17. The email informing board members of the failed clinical trials went out at 6:55 p.m. Collins allegedly tried multiple times to get in touch with Cameron Collins and when finally did, they allegedly spoke to each other for about six minutes.

CORRECTION: Earlier we referred to the document used in this story as a "criminal complaint." The document in the possession of The Batavian at the time this story was written was actually from the SEC and is a civil complaint. There is also a federal indictment that The Batavian had not yet obtained when this story was written.

Patrick Allen Thompson, 36, of Gabbey Road, Pembroke, is charged with third-degree assault, endangering the welfare of a child, and third-degree menacing. He was arrested following a domestic incident at an upper apartment on Gabbey Road in Pembroke at 9:53 p.m. on Aug. 5. Thompson allegedly assaulted another party, thereby endangering the welfare of the pregnant victim's unborn child. He also allegedly menaced the same victim by making a threat and following it up with physical injury. He was arraigned in Town of Pembroke Court and jailed in lieu of $10,000 cash bail or $20,000 bond. He is due in Town of Pembroke court at 4:30 p.m. on Tuesday, Aug. 14. The case was investigated by Genesee County Sheriff's Deputy Andrew Mullen, assisted by Deputy Michael Lute.

Stephanie M. Burmeier, 33, of Payne Avenue, North Tonawanda, is charged with petit larceny and second-degree harassment. She was arrested at 6:10 p.m. on Alleghany Road in Darien after allegedly stealing merchandise from a souvenir shop inside Darien Lake Theme Park and Resort, then kicking one of the security officers who was attempting to detain her. The case was handled by Genesee County Sheriff's Deputy James Stack.

Minnie M. Henry, 30, of Central Avenue, Batavia was arrested on Aug. 6 on a bench warrant out of Batavia City Court. On Aug. 6, Batavia PD responded to 41 Central Ave. for an open 9-1-1 (hang-up) call and the defendant was subsequently arrested on the bench warrant. She is now charged with resisting arrest because she allegedly physically resisted police efforts to arrest her on the bench warrant. The defendant was jailed on $5,000 cash or bond. Henry is due in court on Thursday (Aug. 9). The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Nicole McGinnis.

Noel Marie Wentworth, 49, of Pringle Avenue, Batavia, is charged with petit larceny. She was arrested at 12:56 p.m. on Aug. 5 at Tops Friendly Market on West Main Street in Batavia after Tops' loss prevention personnel observed her allegedly stealing over-the-counter medication. She was issued a computer-generated appearance ticket and is due in Batavia City Court on Aug. 14. The case was handled by Batavia Police Det. Eric Hill.

Here is a summary of the civil complaint against Rep. Chris Collins and his co-defendants on charges of insider trading. Indented paragraphs are direct quotes from the document. Paragraphs that are not indented are summaries, sometimes containing direct quotes. To read the full complaint, click here (pdf)

On Thursday, June 22, 2017, Christopher Collins, then a member of the board of directors of Innate Immunotherapeutics, Ltd. (“Innate”) and a U.S. Congressman representing the 27th Congressional District of New York, learned material, nonpublic information about clinical trial results for a drug being developed by Innate. That evening, Innate’s CEO emailed Christopher Collins and other members of Innate’s board to report “extremely bad news” that the trial results “pretty clearly indicate[d] ‘clinical failure.’ ” 

Christopher Collins responded to the email and then approximately 15 seconds later began attempting to reach his son, Cameron Collins. After exchanging several missed calls, Christopher Collins and Cameron Collins connected and spoke for six minutes. Over the next two trading days, between the opening of the market on Friday, June 23, and the close of the market on Monday, June 26, and while the clinical trial results were still nonpublic, Cameron Collins sold a total of nearly 1.4 million Innate shares based on material, nonpublic information he received from Christopher Collins. Cameron and Christopher Collins spoke by telephone at least nine times during that same time period. 

Camaron Collins then allegedly spoke with four individuals, including Stephen Zarsky, who allegedly called two other individuals.

Allegedly, within minutes of hearing from Camaron Collins and his girlfriend, his girlfriend's mother sold her shares of Innate.

Both Camaron Collins and Stephen Zarsky allegedly placed orders the next morning to sell Innate shares.

Later that day, Stephen Zarksy's brother allegedly placed an order to sell his shares of Innate.

Finally, on the morning of Monday, June 26, Cameron Collins tipped a friend who had previously bought Innate shares on his recommendation. Five minutes later, Cameron Collins’s friend placed an order to sell all of his Innate shares. 

On the evening of Monday, June 26, 2017, Innate announced the negative results of the drug trial to the public. On the next trading day, Innate’s share price plummeted over 90 percent to $0.0351 from the previous day’s close of $0.45.

In the four days prior to the June 26 announcement, the alleged co-conspirators sold 1.78 million Innate shares. Additionally, Zarsky's contacts allegedly sold another 25,000 shares.

Collectively, the group allegedly avoided losses of $768,600.

As of June 22, 2017, his son Cameron Collins owned over 5.2 million shares of Innate, most of which Christopher Collins had purchased for him.

In early June 2017, Innate informed its board of directors that they would not be​ permitted to trade Innate securities between June 5 and July 11, 2017, because results of the clinical trial would be released imminently. This blackout period was later modified to allow board members and other insiders to trade 24 hours after the trial results were announced publicly.

Based on seemingly positive news related to the drug Innate was developing in the spring of 2017, "On June 15, 2017, Cameron Collins opened a new brokerage account and used funds from his 401(K) account to purchase 16,508 additional shares."

Likewise, five days later, Cameron Collins’s girlfriend invested in Innate for the first time on June 20, 2017, buying 40,464 shares in a brokerage account that she had opened the previous day. 

The indictment quotes text messages from the mother of Camaron Collins girlfriend that indicate Chris Collins was providing information about Innate to her and her husband in the fall of 2016.

On September 9, 2016, Cameron Collins’s girlfriend’s father, Stephen Zarsky, purchased 200,000 shares of Innate. Her mother purchased 50,000 shares the next business day. Stephen Zarsky made additional subsequent purchases. He and his wife purchased a total of 353,005 shares of Innate prior to the relevant trading. 

At approximately 6:55 p.m ET, Innate’s CEO emailed the board of directors, stating that he had “extremely bad news to​ report” and that the results “pretty clearly indicate ‘clinical failure.’ ” He also reported that the consultants “cut and diced the data multiple times/ways to see if there were some meaningful positives, [but] could not find any.” This information was material and nonpublic.

Christopher Collins received the CEO’s email while attending an official event on the South Lawn of the White House. At approximately 7:10 p.m. ET, while still at the event, Christopher Collins responded to the email, “Wow. Makes no sense. How are these results even possible???”

At that point, Chris Collins tried repeatedly to contact his son. The indictment then goes on for several paragraphs detailing the activities mentioned above regarding communications and trading of the stock by the alleged conspirators.

Unlike the other tippees, because of his large position in Innate, Cameron Collins could not sell all of his Innate shares at once without potentially causing a negative impact on the share price. Throughout Friday, June 23 and Monday, June 26, 2017, the two trading days before Innate publicly announced the bad results of the MIS416 clinical trial, Cameron Collins entered at least 58 orders to sell blocks of Innate shares he owned. His trading pattern is consistent with an effort to sell shares quickly while minimizing impact on the share price.

During that trading period, Cameron Collins and Chris Collins allegedly spoke multiple times. Cameron Collins allegedly placed multiple sell orders, sometimes attempting to set a limit price (the sell order won't go through unless the buyer is willing to pay that price or higher) when the limit orders didn't sell, he would place a sell order at "any price," according to the indictment.

The sales by Cameron Collins, his girlfriend, and her parents, including Stephen Zarsky, made up more than 53 percent of the stock’s trading volume that day and exceeded Innate’s 15-day average trading volume by more than 1,454 percent. Innate shares closed at $0.54 per share on June 23, an increase of $0.02 over the prior day’s close.

The next day, Cameron Collins allegedly attempted to place 36 sell orders. In 33 cases, there were willing buyers. He moved 775,000 shares of Innate stock.

In May, shares of Innate owned by Christopher Collins and Cameron Collins were held in an Australian brokerage. Chris Collins initiated the paperwork to transfer the shares to a U.S. brokerage, including opening an account in his daughter's name. The transfer was completed for Cameron Collins on June 9. However, there were apparently errors in the forms for Chris Collins and his daughter. "Thus, at the time that Christopher Collins learned the results of the MIS416 clinical trial on June 22, neither he nor his daughter was able to sell Innate shares in the U.S."

After news reached a reporter June 26 of the failed clinical trial, the reporter called a Collins staff member. Chris Collins then called his son. His son then executed a trade in Australia to sell all of his remaining Australian shares, a total of 3,825,000.

On June 29, 2017, the local newspaper published an article entitled, “Collins’ office says family, chief of staff held onto stock as it sank.” The article contained a statement issued by Christopher Collins’s office worded to dispel any suspicion of insider trading by the Collins family: “Neither Chris Collins [nor his daughter] . . . have sold shares prior, during, or after Innate’s recent stock halt . . . Cameron Collins has liquidated all of his shares after the stock halt was lifted, suffering a substantial financial loss.” 

The statement by Christopher Collins’s office omitted the fact that Cameron Collins sold almost 1.4 million Innate shares on the OTC Pink market during Innate’s ASX trading halt, prior to the public announcement of the bad drug trial results, avoiding losses of approximately $570,900. Similarly, it did not disclose that Christopher Collins and his daughter could not sell their Innate shares at that time because their efforts to transfer them to a U.S. brokerage account prior to the announcement of the results of the MIS416 clinical trial had failed. 

A portion of the relief sought by prosecutors includes:

Ordering Defendants to disgorge, with prejudgment interest, all illicit trading profits, avoided losses, or other ill-gotten gains received by any person or entity as a result of the actions alleged herein;

Ordering that Defendant Christopher Collins be prohibited from acting as an officer or director of any issuer that has a class of securities registered pursuant to Section 12 of the Exchange Act [15 U.S.C. § 78l] or that is required to file reports pursuant to Section 15(d) of the Exchange Act [15 U.S.C. § 78o(d)];

CORRECTION: Earlier we referred to the document used in this story as a "criminal complaint." The document in possession of The Batavian at the time this story was written was actually from the Security and Exchange Commission and is a civil complaint.  There is also a federal indictment that The Batavian had not yet obtained when this story was written.

Rep. Chris Collins is facing federal charges related to alleged insider trading, according to a breaking news report from CNBC.

The report says Collins has been arrested on the charges and his co-defendants include his son Cameron Collins, and the father of his fiancee, Stephen Zarsky.

The defendants are accused of securities fraud, wire fraud, conspiracy, and making false statements, all related to publicly traded stocks of an Australian biotechnology company, Innate Immunotherapeutics. 

Collins is on the board of directors for the company.

According to the CNBC report, the indictment accuses Collins of passing nonpublic information about the company's drug trials to his son to help him "make timely trades in Innate stock" and that his son allegedly passed information to Zarsky who is accused of passing that information to unnamed co-conspirators.

Collins reportedly surrendered to federal agents in Manhattan this morning and was taken into custody. He is scheduled to appear in Federal court later today.

UPDATE 10:30 a.m.: Attorneys for Collins issued the following statement:

"We will answer the charges filed against Congressman Collins in Court and will mount a vigorous defense to clear his good name. It is notable that even the government does not allege that Congressman Collins traded a single share of Innate Therapeutics stock. We are confident he will be completely vindicated and exonerated.

Congressman Collins will have more to say on this issue later today."

Photo: File photo.

When Kathy Hochul campaigned for reelection in 2012 to the NY-27 congressional seat, which she eventually lost to Chris Collins, Hochul sought and obtained the support of the National Rifle Association.

The NRA PAC donated $7,000 to Hochul's campaign and only $1,000 to Collins.

Times have changed. In 2018, Hochul, now lieutenant governor in New York, seems to be rooting for the NRA's demise.

On Friday, using her personal Twitter account, Hochul retweeted a statement by Gov. Andrew Cuomo, who was also using his personal account, celebrating New York's apparent success in driving the NRA to the brink of financial ruin. Hochul's response? "good riddance!"

Asked about the tweet, Hochul released this statement:

“The NRA actively worked against my last campaign in 2014, because I’ve been a consistent supporter of common sense gun laws, including Governor Cuomo’s SAFE Act, some of the toughest gun laws in the nation. Simply put, the NRA’s extremist and unlawful actions are promoting violence and threatening the lives of people in New York and across the country. The Governor and I continue to fight for common sense gun safety measures to prevent violence and save lives.”

Campaigning in Genesee County in 2012, Hochul told SCOPE members, "When a bill comes up that affects your Second Amendment rights, I’m on your side."

Shortly after the meeting, Hochul, based on a year in Congress, received an A rating from the NRA.

"Some of you may say I have a 'D' after my name and I can't vote for you," Hochul said that night during the meeting at Calvary Baptist Church on Galloway Road in the Town of Batavia. "Well, fine, but I still represent you. I am independent and I look at each and every issue as what's best for the people of Western New York. Sometimes the Democrats are right and sometimes they're really wrong. Sometimes the Republicans are right and sometimes they are really wrong."

After receiving Hochul's statement, The Batavian emailed her staff and asked for clarification since her statement referenced the 2014 campaign and she was endorsed by the NRA in the 2012 campaign.

A spokesman called The Batavian and said he wasn't authorized to speak for Hochul for attribution but stressed Hochul still supports Second Amendment rights but that her views of the NRA have changed. He said it wouldn't be appropriate for him to try to speak for her to explain why. She wasn't available for further comment.

A lot has changed in the world of gun politics since 2012. In December of that year, 20 children were killed at Sandy Hook Elementary School in Newtown, Conn. There have been several other mass shootings, including in San Bernardino, Orlando, Las Vegas, and Parkland in the years since.  The nation is perhaps more deeply divided over gun laws than ever before.

Since then, the NRA has opposed banning bump stocks, raising the age on gun purchases, and has sent mixed signals about its position on so-called "red flag" laws, while NRA members and representatives have belittled survivors of Parkland, threatened other gun control supporters, and even advocated violence against journalists.

Bill Fox, president of Genesee County SCOPE, remembers the night Hochul spoke to local gun owners. She was passionate about her advocacy for gun rights. Now, he says, "she's not a friend of the Second Amendment."

Where Hochul called for "common sense" gun laws, Fox said he doesn't even know what that means.

"What is common sense?" Fox said. "There are thousands of gun control laws on the books already. What does common sense mean? If you're a criminal, you're still going to get a gun."

Fox said he's also a proud NRA member and he's disappointed in Hochul's support of the SAFE Act.

"She stood there and told us how her family hunts and how she supports gun rights and now she supports the SAFE Act," Fox said.

Fox thinks Cuomo's true aim isn't gun control but gun removal.

The financial difficulties faced by the NRA stem from efforts by New York to stop the NRA from selling insurance to conceal carry permit holders called "Carry Guard." 

New York officials contend the insurance is illegal because it provides financial assistance to people who engaged in "intentional wrongdoing." 

The bottom tier insurance plan provides $250,000 in civil liability coverage to a person who discharges a firearm and $50,000 for criminal defense, but according to the NRA website, the policy will only pay out a defense claim if the policyholder is acquitted. There is no coverage if a person fires a gun, is arrested, and is convicted of a crime.

Some gun control advocates support requiring mandatory insurance policies for gun owners.

New York's efforts to stymie the insurance program seem to have far-ranging effects, causing financial difficulties for the NRA with insurance carriers and financial institutions. The NRA has warned in a lawsuit filed against New York that it is facing insolvency because of the state's regulatory actions.

Hochul is engaged in a tough primary campaign to retain her lieutenant governor post against a Downstate progressive challenger Jumaane Williams. Hochul has a slim lead, according to a recent poll.

As soon as one of the Schroth's family's dogs stuck his head out of a bedroom window of their burned-out home, the cry went up from a firefighter: "dog in the window."

A half-dozen firefighters, including Chief Jeff Pietrazykowski, Bethany fire, and Capt. Marty Hinz, City fire, (top photo), converged on the window and worked together to lift the black lab out of the smoldering building.

By that point, the manufactured home was already a total loss with the interior destroyed from end to end.

Somehow five of the family's six dogs were safely accounted for at one point this afternoon and a sixth, Lucky, the family believed escaped and was hiding in the nearby woods. They were also hopeful their five cats escaped. There was a doggy door on the back of the house.

Nobody was home when the fire was reported at 11:45 a.m. at 7230 Telephone Road, Pavilion.

When Pavilion's Assistant Chief Don Roblee arrived on the scene, he could see there was no saving the structure and he immediately informed dispatchers that crews would be fighting a defensive fire.

The concern among firefighters then was the welfare of the family pets. That, and dealing with hot, humid weather, which made it imperative for firefighters to rotate assignments and stay hydrated, cool and rested.

"We had a second alarm just because in this heat you need people," Roblee said. "You've got to rotate the guys out. You want to keep them fresh. You don't want to get them hurt. ... It's so hot. They put on that 150 pounds of gear on plus air packs, you know, they're just drenched. You lose so much water and moisture in the body; you've got to take care of it."

There is no information available yet on the cause or origin of the fire. Nobody was home when the fire started. Roblee said the owners told him the only thing on in the house were two window air conditioners. 

The 1,512-square-foot manufactured home was constructed in 1999 and it sat on 2.2 acres of land, according to county records.

Assisting Pavilion were Le Roy, Bethany, Stafford, Wyoming, Caledonia, and City of Batavia's Fast Team. The Sheriff's Office and Emergency Management also assisted at the scene.

The black lab pulled from the window was soaking wet but had no interest in getting an air mask put over his face by Hinz once he was in a safe spot.  He was happy to get love from his owners Nessy Schroth and her mother Kim Schroth, who was overcome with emotion when she saw him.

Their other black lab, Mac, rescued later, was breathing hard after he was carried away from the house. Hinz fitting the breathing mask over his face while another firefighter poured water on him and petted him. Soon, they moved him into an air-conditioned truck and shortly after that he walked away from the scene on his own.

Previously: Trailer fire reported off Route 20 in Pavilion

"Dog in the window."

Pietrazykowski with the black lab rescued from the window.

Kim Schroth was overcome with emotion, happy to see one of her black labs rescued safely from the fire in her house.

Alejandro Chaparro, 53, of Braley Road, Ransomville, is charged with two counts of endangering the welfare of a child and two counts of second-degree harassment. At 9:29 p.m. on Aug. 4, following an investigation into a harassment complaint, Chaparro was arrested on Main Street Road in Batavia. He allegedly pushed and followed an 11-year-old girl and a 9-year-old girl. He was arraigned in Town of Batavia Court and is due back there on Aug. 27. The case was investigated by Genesee County Sheriff's Deputy Joshua Brabon, assisted by Deputy Andrew Mullen.

Paul R. Hogle, 53, of Vallence Road, Le Roy, was arrested on Aug. 2 by Le Roy Police Department and charged with one count of stalking in the fourth degree, a Class B misdemeanor, and one count of forcible touching, a Class A misdemeanor. Hogle was arrested after a complaint was received by the Le Roy Police Department that he had allegedly placed a GPS locating device on the victim’s vehicle and used it to find them at a later time. It is also alleged that Hogle had unwanted contact with the victim. Hogle was arraigned in the Town of Stafford Court and was turned over to the Genesee County Jail in lieu of $500 bail. Hogle was subsequently arrested on Aug. 3 for criminal contempt in the second degree, a Class A misdemeanor. On Aug. 3, Hogle allagedly violated a court order, ordering him to stay away from the protected party. It is alleged that on that date, knowing said order was in place, that Hogle made contact with the protected party. Hogle was arraigned again arraigned in the Town of Stafford Court and jailed in lieu of $10,000 bail. Hogle is to return to the Le Roy Town Court on Aug. 13 to answer all charges.

Jennifer Nichole Wenner, 31, of Wood Street, Batavia, is charged with: driving while intoxicated; aggravated DWI -- operating a motor vehicle while having a BAC of .18 percent or more; consuming alcohol in a motor vehicle; obstructed view; disorderly conduct -- urinating in a public place. Wenner was arrested at 1:58 a.m. on West Main Street in Batavia after an investigation into a disturbance at a gas station. The case was investigated by Batavia Police Officer Jason Ivison, assisted by Officer Peter Flanagan.

Vincent M. Eschenlauer, 27, of Bank Street, Batavia, is charged with: driving while ability impaired -- combined influence of drugs or alcohol/drugs; leaving the scene of a property damage accident; moving from lane unsafely; driving a motor vehicle on or across a sidewalk; operating a motor vehicle on a public highway while using a mobile phone. The defendant was arrested after he allegedly fled the scene of a one-car collision on Route 63 at Jackson Street in the city at 7:09 p.m. on July 30. He is due in City Court on Aug. 15. The case was handled by Batavia Police Officer Marc Lawrence, assisted by Officer Jason Davis.

Michael John Reeves, 39, of Military Road, Tonawanda, is charged with: aggravated unlicensed operation in the first degree; two counts of DWI; operating a motor vehicle with headlights; and uninspected motor vehicle. Reeves was stopped at 12:28 a.m. on Aug. 4 on Route 77 in Pembroke for allegedly operating a motor vehicle without headlights. Reeves was issued appearance tickets to answer the charges and is due in Pembroke Town Court on Aug. 28. The case was handled by Genesee County Sheriff's Deputy Ryan Young, assisted by Deputy Eric Meyer.

Patrick D. Powell, 32, of Manor Park, Rochester, is charged with: unlawful possession of marijuana; aggravated unlicensed operation in the second degree; inadequate exhaust; drinking alcohol in motor vehicle on a highway. At 1 p.m. on Aug. 3, following a traffic stop on Richmond Avenue in the City of Batavia, Powell was arrested on the charges. He was issued an appearance ticket for Aug. 21 in City Court. The case was handled by Genesee County Sheriff's Deputy Joshua Brabon.

Sharon Yvonne Sharman, 47, of Seven Springs Road, Batavia, is charged with driving while intoxicated and DWI -- operating a motor vehicle with a BAC of .08 percent or higher. Sharman was arrested following an investigation into a domestic incident on Seven Springs Road at 3:12 a.m. on Aug. 4. She was issued an appearance ticket for Sept. 20 in Town of Batavia Court. The case was handled by Genesee County Sheriff's Deputy Matthew Clor, assisted by Deputy James Stack.

Aerielle Susan Davis, 29, of West Main Street, Batavia, is charged with DWI -- first offense, and operating a motor vehicle with a BAC of .08 pr more. She was arrested at 1:47 a.m. on Aug. 4 on West Main Street in Corfu following an investigation of a woman asleep at the wheel of a running vehicle in the village. She was issued an appearance ticket for Village of Corfu Court and is due there Aug. 20. The case was handled by Genesee County Sheriff's Deputy Eric Meyer, assisted by Deputy Erik Andre.

Dalton C. Kelly, 20, of Chase Park, Batavia, is charged with fourth-degree criminal mischief and second-degree harassment. Kelly was arrested at 5:40 p.m. on July 30 in Batavia after a report of a male out of control who damaged property. He was scheduled to appear in court July 31. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Kevin DeFelice.

Nasir C. Nathan, 22, of West Main Street, Le Roy, is charged with second-degree criminal contempt. He was arrested 7:45 p.m. on July 24 on Watson Street in the City of Batavia after he allegedly made threats toward a person protected by a stay-away court order against Nathan. He is due in City Court on Aug. 14. The case was handled by Batavia Police Officer Jamie Givens.

Ahdeosun R. Aiken, 20, of Ellicott Avenue, Batavia, is charged with second-degree criminal contempt. He was arrested at 10:19 p.m. on Aug. 3 on Walnut Street in Batavia after allegedly violating an order of protection during a domestic incident. He was arraigned in City Court and released on his own recognizance. He was due back in City Court today (Aug. 6). The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Jamie Givens.

Barbra Ann Nehl, 75, of West Main Street, Corfu, is charged with petit larceny. She was arrested at 4:52 p.m. on Aug. 5 at a retail store on Route 77 in the Town of Pembroke. She allegedly stole $37.70 worth of merchandise without paying and by passing all points of purchase. She was released on an appearance ticket and is due in Town of Pembroke Court on Aug. 23. The case was handled by Genesee County Sheriff's Deputy Kyle Krzemien.

Michael L. Jackson Jr., of Maple Street, Batavia, is charged with petit larceny. He was arrested at 4:13 p.m. on July 27 on West Main Street in Batavia after he allegedly stole items from a grocery store. He is due in City Court on July 14. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Christopher Camp.

Dustin Wayne Bogue, 36, no permanent address, is charged with petit larceny. Bogue was arrested at 1:41 a.m. on West Main Street in Batavia after it was alleged that he entered a convenience store and stole property. The case was handled by Batavia Police Officer Kyle Krtanik, assisted by Officer Peter Flanagan.

Taylor L. Finnin, 25, of 131 S. Swan St., Batavia, is charged with trespass. The defendant was arrested at 5:30 p.m. on July 29 on South Main Street in Batavia after he allegedly trespassed at a residence after being told he was not allowed there. He is due in City Court tomorrow (Aug. 7). The case was handled by Batavia Police Officer Catherine Mucha, assisted by Officer Jason Davis.

Shane Eugene Dann, 41, of Swan Street, Batavia, was arrested Aug. 1 on a bench warrant issued by Batavia City Court. The warrant was issued after Dann failed to appear for a scheduled court appearance in regard to an incident that occurred on Feb. 18. The case was handled by Batavia Police Officer Lindsay Christopher, assisted by Officer Arick Perkins.

A 16-year-old female who lives on Astor Ridge Road in Amherst is charged with DWI-drugs and unsafe backing. She was arrested at 11:21 a.m. on Aug. 5 on Alleghany Road in Corfu after an investigation into a property damage accident at Crosby's convenience store. She was issued an appearance ticker for Corfu Village Court and is due there on Oct. 1. The case was handled by Genesee County Sheriff's Deputy Lonnie Nati.

A 17-year-old female who lives on West Utica Street, Buffalo, is charged with unlawful possession of marijuana. She was arrested at 11:30 a.m. on Aug. 5 on Alleghany Road in Corfu. She was allegedly found in possession of a small amount of marijuana during a DWI -- drug arrest. She was issued an appearance ticket for Corfu Village Court on Sept. 10. The case was handled by Genesee County Sheriff's Deputy Lonnie Nati.

      Antwan Odom

Even with a number of family members in the courtroom and a high score on the bail evaluation by Genesee Justice, 17-year-old Antwan Odom was ordered held on $50,000 bail or $100,000 bond by City Court Judge Robert Balbick on his attempted assault charge.

Odom is accused of stabbing Ray Leach with a sharp object at least 10 times during an argument over alleged stolen property at 135 Ross St., Batavia, on Friday afternoon.

Both Odom and Leach are star athletes at Batavia High School.

Odom appeared in City Court this afternoon dressed in a Genesee County Jail orange jumpsuit with his hands cuffed, represented by Michael Locicero from the Public Defenders Office.

Locicero argued that Odom should be released under the supervision of Genesee Justice with strict curfew requirements. Odom and Leach have been neighbors but Locicero said Odom could live at his sister's house, well away from the Ross Street neighborhood, while the case is pending.

When Odom appeared in City Court the evening of his arrest, his bail was set at $15,000 cash or $30,000 bond by Judge Durin Rogers. 

First Assistant District Attorney Melissa Cianfrini was consulted by phone that evening on a bail recommendation. She said that at the time she was not given the defendant's name nor had she seen news coverage about the case. She was only told at the time that the defendant had no prior criminal history, meaning no convictions. She did not know that Odom has a pending felony DWI case in the Town of Sweden.

It's a felony because he was allegedly driving drunk with an individual or individuals under the age of 16 in his vehicle. He was also charged with a misdemeanor count of driving while under the influence of drugs. He was arrested by SUNY Brockport PD on April 8.

Balbick said he had to weigh and balance all of those factors, including Odom's family support when considering bail and determining whether Odom is a flight risk.

The bail evaluation by Genesee Justice -- Odom scored a 16 -- doesn't take into account the seriousness of the offense, both Cianfrini and Balbick noted, and that combined with the other pending felony must be considered, he said.

"Those factors make it imperative that bail be set in this matter," Balbick said. "A bail of $15,000 and $30,000 A and B is woefully inadequate."

Odom and Leach have been teammates on Batavia's football and basketball teams (Odom has not played baseball in high school, as previously reported). In basketball, Odom is one of the Blue Devils' top scorers.

Leach has been named to the All-Greater Rochester first teams each of the past two seasons. He gained 1,563 all-purpose yards and scored 18 touchdowns in 2017. On Oct. 14, Leach scored six touchdowns, a school record. He ran the ball in five times and scored on a 22-yard interception as Batavia beat St. Mary's 69-20, setting a new school record for points in a game.

According to Leach's mother, as reported by our news partner 13WHAM, Leach is at home, able to walking and recovering. His stitches should come out in seven to 10 days. He expects to be ready for practice when pre-season drills begin.

Odom's father told 13WHAM that Odom doesn't remember stabbing Leach. He said his son didn't have a weapon and that he suffered a concussion in the fight.

One of Batavia High School's star athletes is in the Genesee County Jail today, accused of stabbing a teammate during a disagreement yesterday afternoon at 153 Ross St., Batavia.

Antwan Odom is charged with attempted assault, 1st, a Class C felony, and criminal possession of a weapon, 4th, a Class A misdemeanor.

Odom is accused of stabbing neighbor, friend, classmate and teammate Ray Leach, a star running back for the Blue Devils and a teammate of Odom's during the football and basketball seasons. Odom is one of the basketball team's top scorers and also a standout in baseball.

Leach's injuries are not life-threatening. According to his sister Whitney Leach, Ray Leach was stabbed four times in the back, twice in his abdomen, once in each leg, and also has a couple of other superficial cuts.

Leach was discharged from UMMC last night after being treated for his wounds.

In a press release, Batavia PD said Odom allegedly attacked Leach after Leach accused him of stealing personal property.

By the time police arrived on the scene at about 3 p.m., Odom had fled. He was identified as the suspect by witnesses and police learned he had returned to his residence, also on Ross Street.

Police said multiple young children and other family members were in the house and "all occupants were safely evacuated." Odom was taken into custody without incident.

Odom was transported to UMMC for medical treatment then arraigned in City Court. He was then confined to the Genesee County Jail.  

The investigation is ongoing. Anyone with information in reference to this case may contact Officer Cowen or the Batavia Police Department at (585) 345-6350, the confidential tip line at (585) 345-6370.

Previously:

• Blue Devils star football player injured in stabbing on Ross Street
• Person stabbed on Ross Street in the city

Deborah Rodriguez, age not provided, residence not provided, is charged with driving while ability impaired by drugs and alcohol, unlicensed operation, 1st, and unsafe backing. Rodriguez was reportedly backing out of a driveway in the Village of Oakfield when her vehicle struck a pedestrian who was walking on the sidewalk. The patient was transported to UMMC for treatment of minor injuries.

Brenna Elizabeth Decillis, 24, of Park Road, Batavia, is charged with DWI, driving with a BAC of .18 or greater, and leaving the scene of a property-damage accident. Decillis was charged following an investigation into an accident at 7:18 a.m. Wednesday on Park Road. Decillis is accused of driving a vehicle that struck two parked cars and a building. The investigation was conducted by deputies Ryan DeLong, Richard Schildwaster, and Jeremy McClellan.

Latashia M. Sanchez, 25, of Central Avenue, Batavia, is charged with DWI, driving with a BAC of .08 or greater, and failure to dim headlights. Sanchez was stopped at 11:50 p.m. Tuesday on East Main Street, Village of Le Roy, by a Le Roy police officer.

Seth Ryan Kronewetter, 25, of Indian Creek, Eldred, Pa., is charged with making terroristic threats and aggravated harassment, 2nd. Kronewetter is accused of making threats to harm patrons of a concert at Darien Lake Performing Arts Center. Kronewetter was arraigned in Darien Town Court and released under supervision of Genesee Justice.

Andres A. Arteaga, 20, of Batavia, is charged with unlawful possession of marijuana. Arteaga was stopped at 9:29 p.m. Monday on Route 33, Stafford, by State Police.

Nicholas J. Heschke, 31, of Medina, is charged with unlawful possession of marijuana. Heschke was topped at 1:58 a.m. Monday on Route 77, Town of Alabama, by State Police.

David M. Howard is indicted for the crime of assault in the second degree, a Class D violent felony. It is alleged that on May 19 in the Town of Pavilion that Howard, with intent to cause physical injury to a person age 65 or older, caused such injury and the defendant is more than 10 years younger than the victim. In count two, Howard is accused of third-degree assault, a Class A misdemeanor, for allegedly recklessly causing physical injury to another person May 19 in Pavilion.

Larry A. Hubler is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on July 20 in the Town of Stafford that Hubler drove a 2006 Chevrolet on East Main Street Road (Route 5) while in an intoxicated condition. In count two, he is accused of DWI, per se, as a Class E felony. It is alleged in count two that he had a BAC of .08 percent or more at the time. In Special Information filed by the Genesee County District Attorney's Office, Hubler is accused of having been convicted of DWI, as a Class E felony, on Nov. 21, 2007, in Genesee County Court, and the conviction was within 10 years of the crimes alleged in the current indictment.

Brett N. Magoffin is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on March 15 in the Town of Darien that Magoffin drove a 2003 Chevrolet on Simonds Road while in an intoxicated condition. In count two, he is accused of DWI, per se, as a Class E felony. It is alleged in count two that he had a BAC of .18 percent or more at the time. In Special Information filed by the Genesee County District Attorney's Office, Magoffin is accused of having been convicted of DWI, as a misdemeanor, on March 31, 2015, in City of Batavia Court, and the conviction was within 10 years of the crimes alleged in the current indictment.