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Aggressive dogs have reportedly killed chickens, refusing to leave property

By Howard B. Owens

A pair of aggressive dogs have reportedly killed chickens at a property in the area (we didn't catch the location) and are being aggressive toward the property owner and refusing to leave the property.

The owner reportedly mentioned having a gun and wanted to shoot the dogs, but was advised by a dispatcher not to shoot the dogs.

A deputy responded and now has the dogs in his vehicle. Animal control is also responding.

UPDATE 9:48 a.m.: It's a trooper on scene. A deputy at the animal shelter asks if he needs to bring a snare. The trooper responds, "two Labradors, they just hopped in my truck, wanted to go for a ride, I don't think you'll need a snare, but bring it just in case."

Law and Order: Reader tips lead to arrest of alleged 400 Towers bike thief

By Howard B. Owens

Joey A. Evans, 22, of 202 State St., Batavia, is charged with petit larceny. Evans allegedly admitted to a theft of a bicycle from 400 Towers following several anonymous tips to police from readers of The Batavian.

Darrell Smith, 46, of 26 Queens Drive, West Seneca, is charged with criminal obstruction of breathing/blood circulation. Smith is accused of grabbing a woman he knew by the throat.

Bill A. Thomas, 53, of 252 State St., Batavia, is charged with disorderly conduct (creating a hazardous or offensive condition), disorderly conduct (obscene language/gestures) and open container. Thomas was arrested at 140 W. Main St., Batavia, for an alleged incident reported at 6:15 p.m., June 3, at 15 Main St., Batavia. No further details were released.

Danny J. Torok Jr., 26, of 3177 Dodgeson Road, Alexander, is charged with burglary, 1st (use or threat of use of a dangerous instrument), criminal possession of a weapon, 3rd, unlawful imprisonment, 1st, criminal contempt, 1st (violating an order of protection while using a weapon), and menacing, 2nd. Torok was taken into custody by Batavia PD on an arrest warrant. The alleged incident was reported at 1:30 a.m., May 16. He was jailed without bail. No further details were released.

Cherkiga Starks, 36, of 335 Bank St., Apt. A7, is charged with endangering the welfare of a child. The alleged incident occurred at 11:57 p.m., May 31. No further details were released.

Steven E. Wells, 51, of Macomber Road, Oakfield, is charged with DWI, driving with a BAC of .08, aggravated unlicensed operation, 1st, operating without an interlock ignition device, and driver's view obstructed. Mary E. Wells, 51, of Macomber Road, Oakfield, is charged with facilitating aggravated unlicensed operation, David Daniels, 56, of Macomber Road, Oakfield, is charged with consumption of alcohol in a motor vehicle. Steven Wells was stopped at 2:11 p.m., Sunday, on Slusser Road, Pembroke, by Deputy Chris Parker for allegedly driving with driver's view obstructed. Upon investigation, he was found to be allegedly driving drunk. Mary Wells is reportedly the registered owner of the vehicle and is accused of knowing Steven Wells did not have a valid driver's license. David Daniels was a passenger in the vehicle and was allegedly consuming alcohol while in the back seat.

Jason Leo Antos, 21, of Independence Avenue, Niagara Falls, is charged with criminal trespass, 3rd, and unlawful dealing with a child. Antos is accused of unlawfully entering the campgrounds at Darien Lake Theme Park and supplying alcohol to a minor.

Joshua M. Gaudioso, 24, of Lake Street, Le Roy, is charged with possession and transportation of more than 400 untaxed citgarettes. Gaudioso was stopped for an alleged traffic violation at 5:43 p.m., Saturday, on West Main Street, Le Roy, by Deputy Patrick Reeves. During the stop, Gaudioso was allegedly found in possession of more than 400 untaxed cigarettes and operating on a suspended registration.

Heather Jo Lehman, 20, of Oliver Street, North Tonawanda, is charged with criminal trespass, 3rd, and unlawful possession of alcohol under age 21. Lehman was allegedly on Darien Lake Theme Park campgrounds property unlawfully and in possession of alcohol at 3:19 a.m., Sunday.

Jeffrey Scott Canale, 43, of Orchard Drive, Le Roy, is charged with DWI, driving with a BAC of .08 or greater, failure to reduce speed on curve, leaving the scene of a property damage accident and failure to keep right. Canale was allegedly driving a 1999 BMW on Oatka Trail, Le Roy, at 2:13 a.m., when he was involved in a single-car accident.

Elizabeth Anne Weiner, 22, of Conkey Avenue, Rochester, is charged with criminal possession of a controlled substance, 7th, and unlawful possession of marijuana. Weiner was a passenger in a vehicle stopped for an alleged traffic infraction June 2 by Deputy Patrick Reeves. She was allegedly found in possession of Ecstasy (MDMA) and marijuana.

Clifford Leo Regimbal, 34, of Granite Street, Webster, Mass., was arrested on bench warrants for alleged criminal possession of marijuana and unlawful growing of cannabis. Regimbal is being held on an unrelated matter after being returned to New York from Massachusetts, and was arrested on warrants out of Town of Alabama Court. He was also arrested on warrants out of Village of Corfu Court for alleged criminal use of drug paraphernalia and possession of a controlled substance, 7th.

Joel David Prouty, 27, of Fisher Road, Oakfield, is charged with criminal contempt, 1st. Prouty is accused of stalking and harassing a protected person in violation of a court order issued by Judge Robert C. Noonan.

Jesse S. Repass, 26, of Oakfield, is charged with petit larceny. Repass is accused of stealing from a location on Lewiston Road, Batavia, and was arrested by a state trooper.

Basketball fans from Batavia might find a familiar face, or least a familiar voice, in Miami this week

By Howard B. Owens

If you happen to be in Miami for the NBA finals, and happen the Largo Bar & Grill, across the street from the American Airlines Arena, you'll hear a familiar voice -- WBTA's Jerry Warner.

Stephen Warner, manager of the Largo, streams WBTA every morning to keep up with the news from back home and listen to his father.

A graduate of Oakfield-Alabama High School, Genesee Community College and SUNY Brockport, Warner has been managing the bar and grill since it opened in 2010.

The place is popular with Miami Heat fans -- players might even stop in -- and it's been hopping with the Heat making the finals again this year, Warner said.

Western New Yorkers pass through the Largo regularly, Warner said. Notre Dame alum Paul Merrill (bottom photo) is the bar manager at the Largo.

Photo: Batavia teachers attend rally in Albany

By Howard B. Owens

Photo and information provided by Mark Warren, VP Batavia Teachers' Association:

Members of the Batavia Teachers' Association and their families attended the NYSUT One Voice United rally on Saturday June 8th in Albany.

Speakers representing parents, teachers, and various other groups highlighted the major issues that need to be addressed to help our students and our schools including over-reliance on expensive corporate developed tests, equitable funding of schools, and protecting the safety and privacy of students and staff.

Over 20,000 teachers, parents, and students attended the event.

Murray and the hawk

By JIM NIGRO

Murray the cat spends a good deal of his time perched in the window, just watching the world go by. Whether he opts for a ground floor or a second-story window, there's a lot to see. 

Take for instance this cottontail rapidly inhaling the stalk of a clover bud.

Then too, there are plenty of chipmunks to keep Murray amused. This guy appears to be checking if the coast is clear.

Whenever feathered or furry visitors come into our yard, Murray's barely audible purr becomes a muffled staccato and his tail begins to writhe back and forth and up and down. It's also a signal to grab the camera and see what's up. Generally it's songbirds, red or gray squirrels and woodchucks that pique Murray's interest.......but not always.

Like the morning when this hawk alit in the hedgerow, perched no more than 12 feet off the ground. I'm not sure if it's a young Cooper's hawk or a broad-wing, but I was able get a sequence of photos and Murray didn't seem to mind my intrusion into his space.

Naturally any birds or cottontails had vacated the area, but the hawk seemed intent on having a look-see. It began scoping the area with a long look to the left.

It then did an about-face to scan the ground below and slightly to its right.......

before peering off into the distance.

It briefly cast a glance in our direction.......

then, partially obscured by twigs, it seems to go on high alert, craning its neck forward. 

Its head once again erect, it's still eyeballing whatever caught its attention.

Suddenly its bill opens slightly....is it agitated or getting ready to pounce?

Then, for the second time, it turned in our direction.......and it's probably just a coincidence, but it was at this moment that Murray decided to vacate the window. Seconds later the hawk exited its perch and, in a flash, swept downward and momentarily out of sight before emerging once again as it sped off, flying just above a ground cover of vine and brush before disappearing from sight altogether.

Like I said, probably just a coincidence, but when I turned from the window, guess where I found Murray?

Scouts take on local projects in preparation for annual jamboree

By Howard B. Owens

Photos and article submitted by Alex Hansen.

Next month, 70 Boy Scouts from the local Iroquois Trail Council will be converging with over 50,000 other scouts and leaders from around the world at the National Boy Scout 2013 Jamboree. This will be the first Jamboree to be held at the Bechtel Summit Reserve, a new world-class facility in West Virginia.

Separated into two troops of about 35 boys each, the scouts and adult volunteers of the Iroquois Trail Council performed service projects on Saturday, June 8th. Troop A worked on projects at the Bergen Swamps, and Troop B worked at the Iroquois National Wildlife Refuge in Basom. The goals of the day of service were to give back to the community with a focus on improving local outdoor facilities, and to help the boys get to know one another better.

In order to go to the Jamboree, the boys have been saving and earning funds to pay their own way for their trip of a lifetime. This day of service was the last opportunity to seek sponsors, with half going to pay for Jamboree expenses, and the other half going to benefit local veterans organizations.

Top photo: Dylan Scroger, 17, of Batavia retrieves a plastic bag from the swamp.

Below: Chris Neal, 12, of Batavia picks up a discarded soda can

Alex Hansen, Iroquois Jamboree Contingent correspondent, is a Life Scout in Troop 6069 in Batavia, and a student in the class of 2016 at Notre Dame High School.

Photos: 2013 St. Joe's Parade and Lawn Fete

By Howard B. Owens

Lots of people and lots of fun once again for St. Joe's Parade and Lawn Fete in Batavia.

Below is a slide show of the parade. To purchase prints from this slide show, click here.

Below is a slide show of the lawn fate. To purchase prints from this slide show, click here.

Libertarians say their message resonates locally, ready to compete in City Council race

By Howard B. Owens

"Liberty is local" was a recurring theme of speakers today at the inaugural convention of the Genesee County Libertarian Party.

Some 60 people gathered Homestead Event Center in the Batavia City Centre to ratify the party's charter and nominate the party's first two candidates for office.

Jim Rosenbeck and Lisa Whitehead will be on the November ballot as candidates for at-large seats on the Batavia City Council.

"The Genesee County Libertarian Party is going to represent trust, transparency and truth," said Phil Ricci, party chairman. "We're not going to tell you what to think. If you disagree with our position, we will try to educate you on why we believe what we believe. The Republicans and Democrats will tell you that we're on the fringe, but we will show people we're on the local level, we're here to represent you."

Guest speakers included Drew Beeman, Greater Rochester Libertarian Party chairman, attorney Paul Wolf (first inset), and Mark Axinn (second inset), chairman of the New York Libertarian Party.

Beeman congratulated the Genesee County Libertarians for coming together with an energy and numbers that is unique to the region.

His group represents all of the counties surrounding Rochester and he said he would welcome more counties breaking way and forming their own parties. It will take that kind of energy, he said, to reverse the trend statewide and in the nation to constrain individual liberty.

"Gary Johnson got 1 percent of the vote," Beeman said. "Are you going to have a Libertarian Party president anytime soon? Probably not. But we could have a Batavia City Council member. We could have a school board member. Liberty is local."

Picking up on Ricci's comment about the propaganda of the major parties to portray Libertarians as on the political fringe, Beeman noted that when you sit down and talk with people about their views of individual liberty, they actually believe what the Libertarian Party believes.

"The Libertarian Party is for people who don't want to push around others nor be pushed around themselves," Beeman said.

Wolf is an expert on reinventing government. He's registered as a Democrat, but Ricci said after reading his Web site, he told him, "No, you're a Libertarian."

There are three themes local Libertarian candidates can run on, Wolf said: That there is too much government, that there is wasteful spending and there is a culture of secrecy.

Wolf was critical of New York's layers of local governments -- villages within towns, authorities and agencies covering overlapping jurisdictions.

Mentioning a consultant's report in the City of Batavia that faulted local residents for having negative attitudes, Wolfe said, "Isn't it funny that the study said it's the attitude of citizens that's the problem. I think it's the attitude of politicians that's the problem."

On wasteful spending, he was critical of the Genesee County Economic Development Center's tax subsidies to COR Development for Dick's Sporting Goods, mocking the perception that the GCEDC board declared Dick's a tourist destination (the board didn't do that). He also questioned the $240,000 Steve Hyde, CEO of GCEDC, earned in 2012.

"This spending is not sustainable and it doesn't make sense," Wolf said.

Government likes to operate with as little transparency as possible, Wolf said. He said he did a study on three years of meeting minutes for his local City Council and found that the council went into secret session at every meeting it held during the three years. Those private sessions lasted an average of 60 minutes, while public sessions lasted an average 54 minutes.

"They're not used to being held accountable, not used to being questioned," Wolf said. "So what you're doing is important."

The message of individual liberty and smaller government appeals to most people, Axinn said, if they're used to pulling levers for Ds or Rs.

"Most people have a live and let live attitude and they need to realize that it works at the government level, too, if they will vote it in," Axinn said.

What is happening in Genesee County for the cause of liberty is important for the whole state, Axinn said.

"We're a small voice in a symphony of bigger government, but the truth is, we're a necessary voice and an important voice and thank you all for being that voice in Genesee County."

In running for City Council, Whitehead said she will hold true to her libertarian values, which includes promoting a business-friendly city and lowering taxes.

"We should be creating an environment that is friendly to business, not crushing it," she said.

"Shouldn't all people be entitled to keep the fruits of their labor," Whitehead said.

Rosenbeck said Libertarians are already making a difference in local politics. The issues have ranged from garbage collection to licensing landlords.

"You will remember, we spoke out to remove the City of Batavia from the garbage tote and trash collection business and they did just that," Rosenbeck said. "Guess what? The sky didn't fall. Somehow everyone's garbage got picked up this week. Freedom and choice is a good thing, my friend."

The Libertarian message opposing retail tax breaks has also resonated with local voters, Rosenbeck said.

"As elections approach in the fall, political insiders will attempt to frame us as a fringe movement," Rosenbeck said. "They will try to marginalize us and dismiss our message. They will patronize us and treat us as if we are just petulant little children. They won't take us seriously because for way too long, it has been all about duopoly. It has been all about two parties defining the message and providing the candidates, but remember we are the voice of reason. Our message resonates in our neighborhoods. We are here, we are engaged and we are on point. It's time to reject the status quo."

Phil Ricci

Jim Rosenbeck and Lisa Whitehead

'Basom' is missing in Alabama

By Billie Owens

"Basom" is a black and white dog with smooth, short hair that's been missing since about 4 p.m. Friday. He was last seen in the vicinity of Alleghany and Ledge roads in Alabama.

He is 2 years old with tall pointy ears. He's mostly black, but has white markings on his neck, the tip of his tail, and all four paws.

He has on a black collar with a red, heart-shaped I.D. tag that says Banfield 2393672, Clay County, Fla.

If you see him, please call (585) 762-8375 or (716) 474-4737 or (716) 474-4320.

Photos: 2013 Bergen Parade

By Howard B. Owens

Bergen held its annual parade today. The parade ended at Hickory Park, where there is a community picnic. Bergen is celebrating its 200th anniversary this year.


Photos: Golf tournament benefits local athletics

By Howard B. Owens

Today is the 7th annual Dave McCarthy Memorial Golf Tournament at Batavia Country Club.

McCarthy was an avid athlete who died in a car accident in 2006.

A field of 144 golfers along with 60 sponsors are raising funds to support athletics in Batavia, including hockey scholarships, Little League, and helping economically disadvantaged families get their children into hockey.

Billy Sutherland, Dan Fix, Mike Sisson and Kevin Rogers.

Paul Spiotta, kneeling, Brett Decker, James DeFreze and Jim DuRei.

'Sydney' is missing in Le Roy

By Howard B. Owens

"Sydney," an older, slender German shephard owned by Andrew and Carrie Lathan, is missing.

She was wearing a pink collar when last seen yesterday heading southbound on Route 19 in Le Roy, just past Munson Street.

Anybody with information can call the Lathans at (585) 768-2278 or contact the Le Roy PD.

UPDATE 11:51 a.m.: Thanks to readers of The Batavian, according to the dog's owners, we are happy to report that Sydney has been located and returned home safely.

No primary for the GOP in District 6, but Leadley plans to challenge for seat in November

By Howard B. Owens

It smarted, Esther Leadley, when she didn't get the GOP's endorsement for the District 6 seat on the Genesee County Legislature.

The incumbent legislator vowed not to run a primary against the endorsed candidate, Greg Torrey, but that doesn't mean she will give up her seat without a fight.

Leadley announced today that she is running in November's general election.

"I am challenging the endorsed candidate for the District 6 seat on the Genesee County Legislature," Leadley said. "District 6 consists of the towns of Alexander (which includes the Village of Alexander), Bethany and Pavilion. I believe my experience on the Legislature and knowledge of the district and county are of considerable value to District 6 and all residents of the county."

It's been a challenge, Leadley said, to learn the ins-and-outs of running as an independent candidate.

"It smarted when I wasn't endorsed but I never lost my footing and my integrity is intact," Leadley said. "It took several weeks to decide what to do with what had been handed to me.  The outcome of this challenge will be decided at the polls in November."

Leadley also said running primary elections add to county expense and so it's better to run in the general election if she wants to retain her seat.

The new voting machines create an enormous cost because they have to be moved from and back to the controlled storage space," Leadley said. "Staffing at the polls and paper ballots add to the costs. District 6 taxpayers should not have to pay for a political disagreement. The County Board of Elections also sustains large expenses for a primary. Indirectly, those costs come out of taxpayers' pockets at the County level as well. In effect, District 6 taxpayers would pay twice for a primary. I would be irresponsible if I were to force a primary."

Driver says she fell asleep prior to accident that caused car fire

By Howard B. Owens

A young woman from Le Roy said she believes she fell asleep before her car went off the road on Route 5 in Stafford at 11:22 p.m., Thursday.

The 2003 Dodge sedan became fully engulfed in flames after hitting a mailbox and then an earth embankment.

Marisa B. Fox, 20, of South Street Road, Le Roy, suffered minor injuries in the accident, which was investigated by Deputy Frank Bordonaro.

No citations were issued.

Stafford Fire Department responded to the fire call and Mercy EMS assisted at the scene.

(Initial Report)

New donation record set for 'Fill the Boot' campaign to benefit MDA

By Howard B. Owens

Press release:

Firefighters took to the streets of Downtown Batavia to “Fill the Boot” for the Muscular Dystrophy Association on Friday, June 7, and raised $8,541 to help find treatments and cures for neuromuscular disease. 

Members of Local 896 of the International Association of Fire Fighters (IAFF) topped their annual fundraising pledge to support MDA’s vital research programs and the Associations 200 medical clinics nationwide.

“We deeply appreciate the work firefighters in the City of Batavia do for MDA,” said MDA Executive Director Sally Cramer. “It does make a difference to all the people and families here who are living with muscle disease. They see the firefighters going out to support them, and it tells them they have strong partners standing by their side.”

Firefighters continually put themselves at risk, whether it's battling a fire or rushing through traffic to help someone who has been injured. They have a sense of compassion for, and service to, the community that is demonstrated through their commitment to MDA.

“We like to help people, that’s who we are,” said Batavia Firefighters Local Union President Greg Ireland. “A huge thank you goes out to everyone who donated to the cause. Whether it was their spare change, a buck or a $10 dollar bill, it’s the generosity of those who helped Fill the Boot that really make a difference.”

IAFF became the first national sponsor for MDA in 1954, and over the years, firefighters have raised millions of dollars to help improve and enhance the lives of those living with neuromuscular disease. Funds from the Fill the Boot campaign also help send 3,500 kids to MDA summer camp for a free week of lighthearted fun with other kids who are just like them. Many firefighters become friends of the kids and their families, giving a week of their vacation time each year to go to camp and support their young friends.

Photo: By Howard Owens. Capt. Craig Williams collecting donations on Ellicott Street (photo taken this morning with the intention of posting this morning, but for some reason it didn't get published to the home page -- apologies to the firefighters).

Collins believes something should be done to help farmers with labor, but doesn't support 'path to citizenship'

By Howard B. Owens

House Republicans are staunchly opposed to one element of an immigration reform bill -- a path to citizenship -- that some supporters think is critical to its passage, Rep. Chris Collins said today during an event at Post Farms in Elba.

"As a country that was founded on the rule of law, the first action that these adults took in coming into this country was to break the law, so a pathway to citizenship will not come out the House Republicans," Collins said.

The immigration reform bill is the result of hundreds of hours of negotiations between farmers and the farm labor community, which wants to see people who have been working the the United States for years, although illegally, have a chance to become citizens.

While Collins doesn't support allowing such individuals to become citizens, he said he doesn't see a problem with allowing them to obtain permanent work status.

"Call it a blue card," Collins said. "We're fine with making it so that workers who are now here illegally are stay here legally. Make it so that they can go home and visit their families and come back and we know who they are and where they are and that they pay taxes."

Dean Norton (left in photo), said that if the House Republicans can't be brought into the fold, we could wind up with two versions of immigration bills that will go to conference committee. Losing the path to citizenship will be a disappointment to some members of the coalition who worked on the bill, but he thinks when it comes down to it, both sides need some sort of reform to pass.

"I've got to believe in my heart that once we get people sitting down at the table, they won't do anything to scuttle reform," Norton said. "It's too important to the country and to our food supply."

Collins did say he supports citizenship for the children of workers here illegally.

"This is the country they know and love," Collins said.

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