A two-car accident with one person injured is reported at the 48-A on-ramp for the Thruway off of Route 77 in Pembroke.
Pembroke fire and Indian Falls fire dispatched along with Mercy EMS.
UPDATE 4:15 p.m.: T-bone accident. Twenty-two-year-old female driver, 12-weeks pregnant; needs to be evaluated.
Bobby Lee Mobley, 32, of Swan Street, Batavia, is charged with assault, 3rd, and criminal mischief. Mobley was arrested as a result of an investigation into an incident Aug. 28. Mobley is accused of punching another person numerous times and of damaging property at 574 E. Main St., Batavia. A warrant was issued for Mobley. Officers Marc Lawrence and Nicole McGinnis report they located Mobley hiding in a basement.
Sabrina M. Higgins, 22, of Church Street, Basom, is charged with theft of services and conspiracy, 6th. Also charged, Rae C. Cook, 28, and Latiqua S. Jackson, 25. The three women are accused of eating a meal at Bourbon & Burger Co. in Batavia and then leaving without paying their bill.
Ricky Allen Marsceill, 53, of East Main Street, Batavia, is charged with criminal use of drug paraphernalia, 2nd, and bicycle on a sidewalk. Marsceill was allegedly found in possession of drug paraphernalia after being stopped at 10:06 p.m. Sept. 25 on Main Street, Batavia, by Officer Christopher Lindsay for allegedly riding his bicycle on the sidewalk. In a separate arrest the next day, Marsceill is charged with criminal possession of a controlled substance and criminal use of drug paraphernalia. At 12:29 p.m. Tuesday, Marsceill was allegedly found in possession of crack cocaine and drug paraphernalia.
Woodrow C. Horseman, 41, of Ellicott Street, Batavia, was arrested on a warrant for alleged failure to appear. The charge stems from an alleged theft of beer from Tops Market. He was jailed on $5,000 bail.
Tracy D. Pike, 58, of Godfreys Pond Road, Bergen, is charged with harassment, 2nd. Pike allegedly threatened another motorist at 4 p.m. Sept. 13 on East Main Street, Batavia.
Shayla L. Sharrock, 32, of Stowell Drive, Rochester, was arrested on a warrant for alleged failure to appear in City Court. Sharrock was jailed without bail.
Kaila I. Tidd, 32, of Holland Avenue, Batavia, was arrested on a warrant for alleged failure to appear. Tidd turned herself in for alleged failure to appear on building code violations. She posted $250 bail.
Dakota O. Irvin, 26, of Bank Street, Batavia, was arrested on a warrant for alleged failure to appear.
Shane E. Dann, 41, of Swan Street, Batavia, was arrested on a warrant for alleged failure to appear. Dann's vehicle was stopped for an alleged traffic infraction on Washington Avenue by members of the Local Drug Task Force. Dann was ticketed for alleged obstructed view and operating on a suspended license. He was also allegedly found in possession of marijuana and issued an appearance ticket. He was arraigned and released under supervision of Genesee Justice.
Samiria C. Brown, 29, of Carnary Street, Rochester, was arrested on a warrant for alleged failure to appear on an aggravated unlicensed operation charge. Brown was stopped for an alleged traffic violation in Greece and turned over to Batavia PD on the warrant.
David L. Hausler, 29, of South Main Street, Batavia, is charged with disorderly conduct. Hausler allegedly threw objects at a vehicle driving past him on South Main Street at 1:29 a.m. on Sunday.
Bryan J. Yockel, 29, of Rochester, is charged with unlawful of marijuana. Yockel was stopped by State Police in Oakfield at 8:49 p.m. on Sunday.
Four months after being sent to prison for 15 years, serial sexual predator Marlek Holmes is back in Batavia today for the start of a trial on a pair of second-degree assault charges.
The charges stem from incidents in the Genesee County Jail. Holmes is accused of assaulting inmates in the jail. After the second incident in December, Holmes allegedly damaged jail property, so he also faces a criminal mischief charge.
The 43-year-old Holmes, who has already spent 14 years of his adult life in prison, was sentenced in May after agreeing to a guilty plea to attempted criminal sexual act in the first degree
Holmes was originally charged with Class A felonies of predatory sexual assault and predatory sexual assault against a child.
Jury selection in this new trial will begin this afternoon.
Holmes appeared in court this morning dressed in a green state prison jumpsuit and escorted by state prison guards. Judge Charles Zambito agreed to delay the start of jury selection a couple of hours to allow Holmes more time to meet with his attorney and to change into civilian clothes before the jury sees him.
The Batavia Photography Club is inviting you to its Photo Walk on Saturday, Oct. 7, which is free. It starts in Batavia at GO ART! at Seymour Place (201 E. Main St.) downtown. Time is 10 a.m. to noon. The length of this walk is about 2.5 miles.
Participants are going to have photo opportunities of all kinds -- nature, urban and industrial.
This is part of Worldwide Photo Walk Day, now a 10-year tradition. The first photo walks were in London, New York, Miami and Sydney. Now the walk has grown to over a thousand cities, including Batavia.
Many local photographers know Batavia has a very wide variety of architecture and locations to use as backdrops or be the feature of a photograph.
Downtown's GO ART! building is a historical structure now filled with art exhibits. As the walk begins, photographers will go past some old impressive structures to the Harvester Center. The Harvester Center was a million-square-foot factory for tractor manufacturer Massey Ferguson at the turn of the 20th century. Part of the facility is still in use and part is in a bit of decay.
Then the walk proceeds to DeWitt Recreation Area for wildlife and landscape photos of this area and pond. A different route will be taken back through the historic Batavia Cemetery. Created in 1823, and on the National Register of Historic Places, it is the final resting place of some of the city founders, Civil War veterans, a general and the only Confederate officer buried north of the Mason-Dixon Line.
The group will walk back to GO ART! and those who are interested can meet for lunch afterward around the corner at O’Lacy’s Irish Pub on School Street.
Please register online at http://worldwidephotowalk.com/walk/photowalk-batavia/
Mercy Flight/EMS broke ground Friday on its new 11,500-square-foot facility off Route 98, just north of the Thruway, in the Town of Batavia.
The facility will become the new staging area headquarters in Genesee County for the ambulance service.
It's a $2 million investment by Mercy Flight and is located on 2.2 acres in the Gateway II project on Call Parkway.
Photo submitted by Mercy Flight.
There is a two-car accident with injuries at the intersection of Oak Street and Richmond Avenue, Batavia.
CIty fire along with two ambulances from Mercy EMS on scene.
Press release:
The City of Batavia Fire Department will be flushing fire hydrants on Monday, Oct. 2, from approximately 9 a.m. to 3 p.m. in the general area west of Bank Street and north of West Main Street.
Homes and businesses nearby will be affected. These tests may result in a temporary discoloration of water in that area. As in the past, please do not attempt to wash any clothing if your water appears discolored. If you do experience a discoloration of your water, run cold water for about 5 minutes or until clear.
A kitchen fire is reported at the Corfu Meadows Apartments, 53 W. Main St., Corfu.
One person may have suffered smoke inhalation.
Corfu fire dispatched.
Darien, East Pembroke, and Pembroke fire departments also requested to the city. City Fast Team called to the scene. The city's 1st plattoon asked to fill in at the city Fire Hall.
UPDATE 9:47 p.m.: Fire knocked down.
The Fifth Annual Run for the Acorns was this morning at Genesee County Park & Forest.
Here are the results:
10K
Male overall winners:
1 -- Chad Minuto (Batavia) time: 41:11
2 -- Michael Emmons (LeRoy) time: 46:34
Age 30-39 winner: Stephen Konieczny
Age 40-49: James Caswell
50-59: John Cole
60-69: Daniel Miller
Female overall winners:
1 -- Lyndsey Macmillan (Rochester) time: 47:13
2 -- Jess Juliano (Hamburg) time: 50:16
Age 30-39 winner: Jaime Kelly
40-49: Heather Biondolillo
50-59: Karen Samis
5K
Male overall winners:
1 -- EJ Boyce (Bergen) time: 19:15
2 -- Kevin Sheehan (Victor) time: 20:36
Age 14 and under: Cooper Konieczny
Age 15-19: Adam Hess
20-29: Thomas Demmer
30-39: Dave Bateman
40-49: Gabe Abdella
50-59: David Demmer
60-69: Frank Gioia
Female overall winners:
1 -- Kimberly Mills ( Basom) time: 22:06
2 -- Alison Zybczynski (Alden) time: 24:24
Age 14 and under: Ainsley Kent
15-19: Megan Smith
20-29: Kerry Mills
30-39: Amanda Hoy
40-49: Sheila Hess
50-59: Mary Ann Arnold
60-69: Denise Macpherson
For more photos: http://steveognibenephotography.zenfolio.com/f354975482
5K race and walk start pictured above.
A possible residential structure fire is reported at 2317 Angling Road, Corfu. East Pembroke fire is responding along with mutual aid from Town of Batavia and Corfu fire departments. The location is between West Avenue and North Angling Road.
UPDATE 5:31 p.m.: Photos and info from Alecia Kaus/Video News Service: The homeowner was attempting to smoke out bees and his house caught on fire. It got into the attic; a quick response by volunteer firefighters kept the fire from spreading.
Upton distinguished himself during the Civil War in battles at Salem Church, Spotsylvania, Opequon Creek, and in other engagements.
"He was one of the outstanding regimental commanders of the war," said Fitzpatrick, who teaches at Washtenaw Community College in Ann Arbor, Mich. "He had a tremendous tactical success at Spotsylvania."
The fact that Upton is still discussed among military leaders and those interested in military history, though, has more to do with his ideas and what he scribbled on paper than what he accomplished on the battlefield.
Some of what Upton wrote has led to more than 50 years of the Army officer being misunderstood and misrepresented, though, according to Fitzpatrick.
In the mid-20th century, Upton gained a reputation as a Prussian-inspired militarist with little respect for democracy. That assertion doesn't fit the documents in the historical record, Fitzpatrick contends and he makes that case in his new book: "Emory Upton: Misunderstood Reformer" (University of Oklahoma Press).
"Upton is an important figure in U.S. military history," Fitzpatrick said. "He's a figure a lot of people don't know about."
While you might expect a book steeped in military policy and battlefield strategy to be dull and dry, Fitzpatrick has written a story that is fascinating and at times even a real page-turner. Upton was a man both of action and ideas dealing with some of the most important considerations that would shape history after his death in 1881.
Batavia's Civil War hero was born to a farming family in Genesee County Aug. 27, 1839. A devout Methodist and a fervent abolitionist, Upton attended the era's most famous integrated college, Oberlin, before being accepted into West Point, graduating eighth in his class in May 1861 (The only blemish on his West Point career was a fight with a Southern cadet who made remarks behind his back, hinting that Upton had sexual relations with a black girl at Oberlin. Upton took offense and when the cadet wouldn't explain himself, Upton challenged him to a duel that became a fight in a West Point dorm.)
After the war, Upton was sent on an 18-month tour of Europe and Asia to study the military tactics of countries on those continents, especially Germany. When he returned he wrote "The Armies of Europe and Asia," "A New System of Infantry Tactics" and "Tactics for Non-Military Bodies" (aimed at civilian associations, police and fire departments); and more than 20 years after his death, his unfinished work, and most important book, "The Military Policy of the United States," was released by the War Department.
There were aspects of the military position in Germany that Upton admired and these served as a basis of Upton's recommended reforms to the U.S. military. This led to charges among critics that Upton and his like-minded reformers were trying to foist Prussian militarism on the United States.
These charges were amplified with the publication of a book in 1960 by Russell Weigley, "The American Way of War," which traced the intellectual development of military strategy and policy, and Stephen Ambrose, with "Upton and the Army," in 1964.
To Fitzpatrick, the real offense to Upton's legacy was the book by Ambrose. Weigley can be forgiven for getting Upton wrong, Fitzpatrick said, because he wasn't writing a biography, but Ambrose's biography began as his dissertation (and was published verbatim in book form).
"Ambrose was doing a biography but didn't dive into the sources he should have," Fitzpatrick said. "I think Ambrose read Weigley and just decided to echo Weigley."
Fitzpatrick poured through the letters of Upton, among other documents, with help from Sue Conklin, who at that time was Genesee County's historian, and the Holland Land Office Museum (Fitzpatrick was provided a CD of images of all the Upton letters in the HLOM's collection).
And going through Upton's letters isn't an easy task.
When arranging a visit to the County's history department, Fitzpatrick told Conklin his topic and Conklin told him, "Have you seen his handwriting?"
"No," Fitzpatrick admitted.
"You might want to consider another topic," was her droll response.
Fitzpatrick doggedly stuck with Upton's letters, however, which provided insight overlooked by Ambrose into Upton's thinking on military planning and civilian government.
Upton believed the Union could have ended the Civil War before the close of 1862 (it wouldn't end until 1865) if the military had been led by more competent officers, had been better equipped, staffed with more men, and Gen. George McClellan hadn't been hampered by interference from civilian bureaucrats, notably Secretary of War Edwin Stanton.
Even though Upton had been critical of McClellan during the war, his animosity toward Stanton was even deeper.
"He starts to twist history to make Stanton into the bad guy and McClellan a genius," Fitzpatrick said. "He wrote (in a letter) that he was having a hard time with 'the McClellan question,' as he calls it. It is really causing me trouble, he said. I hear him saying that he's having a hard time making the facts fit the story. Stanton was a meddling failure, not that it was McClellan himself who caused his failures."
The focus on Stanton, however, Fitzpatrick concludes, isn't because Upton is against civilian leadership of the military, but rather a concern that a war secretary with too much power could potentially use that position subvert the country's republican form of government.
Upton's reform ideas included mandatory retirement at age 62 for officers, rotation of officers between artillery and infantry, promotion on merit rather than seniority, and more training for officers.
While Upton was distrustful of democracy -- like Alexander Hamilton, fearing mob rule -- he saw the role of the military as protecting the nation's republican style of government.
He took note of the dictatorial powers assumed by George Washington and Abraham Lincoln -- "arbitrary arrests, summary executions without trial, forced impressment of provisions, and other dangerous precedents" for Washington; and in Lincoln's case, the suspension of habeas corpus, arbitrary arrests, and the seizure of the railroads, along with "opening the treasury to irresponsible citizens" -- and concluded with a query. If that is what happens when good men without a genuine dictatorial impulse are president, what would happen if a true authoritarian took office and there was a war?
Upton wrote, "Let us not stultify ourselves by talking of the danger of an army, but rather reflect that the lack of one may at any time, in the space of two years, bring upon us even graver disasters than Long Island or Brandywine, or the two Bull Runs ... Our danger lies not in having a regular army but in the want of one."
In other words, Upton concluded a professional military, vowed to protect and defend the Constitution, as a safeguard against civilians, especially the president, grabbing dictatorial power.
Upton was one of several reformers, Fitzpatrick said, who saw the need for a more highly trained military and professional officer corps heading into the 20th century but in Upton's lifetime, most of Upton's reforms were thwarted by politics. For the North, another insurrection seemed impossible and there was no apparent external threat to U.S. sovereignty, so reform didn't seem like a pressing need. The South was distrustful of the Army in general following Reconstruction.
The lack of external threats prior to 1860 is also one reason Fitzpatrick thinks Upton's idea that the war could have lasted less than two years with better preparation is unrealistic.
While it's interesting to contemplate how history might be different if the Civil War had come to an end before 1863 -- no Jim Crow South, as one potential outcome -- it would have required the Union to have in place a large, well-trained and equipped Army by 1860 and Congress would never have approved the expenditure.
"The only reason to have a large, well-trained Army prior to 1860 was to repress the South and Congress would never have done it, so it's kind of a moot question," Fitzpatrick said. "You never could have ended the war in 1862 because you would never have gotten the Army you needed."
By 1881, Upton began suffering from debilitating headaches. He was transferred to the Presidio in San Francisco but managed to delay assuming the command for three months while he sought treatment in New York. A doctor diagnosed a sinus problem and provided an electric treatment, which brought no relief. Upton probably suffered from a brain tumor. He transferred to San Francisco but the headaches grew worse. On March 15, 1881, he wrote his last words. A two-sentence letter to the adjutant general to tender his resignation. He then apparently took his own life with a revolver.
He was proceeded in death by his wife, Emily, and they are buried together in Auburn.
At the time of his death, "Military Policy of the United States" was incomplete and unpublished. The manuscript passed to a friend and slowly it circulated among the Army's officers, gaining a reputation for its insightful look at military policy and strategy. In 1904, the War Department published the book minus three chapters.
One of the chapters dealt with Roman military history and when Fitzpatrick first came across it, he thought it rather odd. It was placed between two unrelated chapters, which was also odd.
Years later while continuing his research, Fitzpatrick recognized Upton probably wrote the chapter quickly in a period of inspiration and that it contained a lesson relevant the political situation of the time.
While Upton admired President Ulysses S. Grant as a general, he was appalled by the corruption in his administration.
The Roman Republic possesses an interest, civil as well as military. "Forewarned is forearmed." Free people like the Romans admire heroism and love to reward military achievement.
No monarch in Europe has to day [sic] the power of an American President. With the consent of the Senate, from the Chief Justice down, he has the gift of more than 90,000 civil offices, any one of which save the judiciary, he can vacate and fill at pleasure.
Ever since the acceptance of the pernicious maxim "To the victor belong the spoils," these offices, like so much gold have been distributed by the senators and representatives to the men who have been, or maybe, most loyal to themselves or the party.
With the people thus accustomed to executive corruption let us imagine, as under the Roman System, our President, in uniform, booted and spurred, galloping from the White House to the camp, his military retinue swelled by senators and representatives, fawning for favor and scrambling for spoils, how long it be asked would our liberties survive ...
To historian, from example of Rome, might not fix the exact duration of the Republic, but he could make at least one prophesy of speedy fullfllment: At the first [meeting] held at headquarters the means would be discussed of prolonging the term of the President, if not the more startling propositon to declare him President for life.
"Upton wasn't writing about Rome," Fitzpatrick said. "It was about Ulysses Grant. He was writing at a time when Grant, running for a third term in 1880, was being seriously discussed. He had come to a different opinion of Grant. He had seen all the scandals of Grant's administration, and while he admired Grant as a general, the scandals appalled him.
"He's not talking about an imaginary president climbing on a horse. He's talking about Grant. If Upton was really a militarist interested in a military government, that wouldn't have bothered him at all."
Le Roy beat Notre Dame at Notre Dame on Saturday, 48-0.
The Fighting Irish hung tough for the first quarter and into the second quarter against the undefeated Oatkan Knights, trailing only 7-0 with six minutes left before the Knights snagged three interceptions and converted all three opportunities into touchdowns.
Cineque Robinson gains 108 yards and scored a TD on 14 rushes. Kyler LaCarte also scored while gaining 81 yards on 15 carries. Luke Stella added two touchdowns while gaining 80 yards on eight carries. Cole Biggins was 8-13 passing for 158 yards and three TDs. Gavin Luckey caught five of those passes for 77 yards and two TDs. Reece Tresco had two catches for 64 yards and TD.
Tresco, Luckey, and Jake Hill each had four tackles and an interception. Bryce Bordonaro also had four tackles.
For Notre Dame, Gabe MacDonald gained 29 yards on seven carries. Devon Grimshaw had two catches for 27 yards. Micheal Keeler had 10.5 tacks, Tyler Trotten had eight and MacDonalds had seven.
Saturday's other game was Batavia at Bishop Kearney. The Blue Devils won 48-0. Ray Leach rushed 24 times for 153 yards and three touchdowns. He also scooped up a fumble and returned it for a TD. Chandler Baker was 5-8 passing for two TDs. He was intercepted once but got one back on defense. Eric Davis also had an interception. Taiyo Iburi-Bethel had eight tackles. Anthony Ray had five tackles. Josh Barber had five tackles.
Top photo: Reece Tresco. Photos by Ed Henry.
Cineque Robinson
Cole Biggins
Kyler LaCarte, #34
Luke Stella, #2
Steve Lyness, #67
Darien Lake management reports that some patrons received minor injuries yesterday on the Silver Bullet ride.
Here's the statement released last night by Chris Thorpe, Darien Lake Theme Park manager:
At approximately 5:12 this evening, in the process of bringing the Silver Bullet to a stop, some guests received injuries, resulting in minor first aid response from the Darien Lake Medical Team. The Silver Bullet, and all of our rides, receive standard daily inspections each morning. After injuries were reported, our safety crews conducted an assessment and confirmed that the ride is operating safely within standard guidelines. Darien Lake will reopen tomorrow at 11 a.m. and the Silver Bullet will be operational.
Five individuals and the 1986-87 ice hockey team were inducted into the Batavia Blue Devils Hall of Fame on Saturday night at the 16th annual Induction Dinner at Terry Hills Restaurant. From left are Joe Fiannaca, captain of the hockey team; Nathan Hicks (track and field, Class of 1998), Bruce Dedman (baseball and basketball, Class of 1973), Brian Herdlein (baseball, football and basketball, Class of 1999); Jason Bibler (cross-country, indoor and outdoor track and swimming, Class of 1991), and Joe Amico (football and wrestling, Class of 1987).
Members of the 1986-87 ice hockey team, the first BHS sectional champion in the sport and NYS state finalists, are, front from left, Mike Siembida, Joe Fiannaca, Tony Graber, Steve Pies, Greg Fiannaca and Ted Lesh; back, Tony Tresco, Assistant Coach Roy Reed, Brian Wormley, Brett Wormley and Steve Lakins. About 140 people attended the dinner.
Photos by Mike Pettinella.
The Alexander Trojans are looking more and more like a threat to repeat as Section V champions as they moved to 5-0 Friday with a 36-12 win over previously undefeated Canisteo Greenwood.
Coach Tim Sawyer said the Trojans offensive line dominated as the team chewed up 440 total yards.
Chris McClinic had another big game, going for 208 yards on 20 carries scoring four touchdowns. He now has 1,022 yards on the season on 90 carries with 16 TDs.
Freshman Terrez Smith ran for 97 yards on 12 carries, scoring on a five-yard run.
Dylan Busch was 7-9 passing for 83 yards. Tight end Erik Scharlau hauled in two of those passes for 32 yards and two TDs.
On defense, Scharlau had six tackles and a sack for a safety. Danny Burns had seven tackles and a sack. Nick Young also had seven tackles.
Next up for the Trojans, Notre Dame at home.
Also on Friday night:
A car vs. bicycle accident is reported at 541 E. Main St. City fire and Mercy medics responding.
A tractor has reportedly fallen off the trailer resulting in an injury accident in the area of Darien Alexander Townline Road and Attica Road, Alexander.
Alexander fire and ambulance responding
UPDATE 12:39 p.m.: It's now reported as a backhoe that fell off the trailer, no other vehicles involved.
UPDATE 12:30 p.m.: A chief on scene reports the vehicle off the road, no injuries.
Batavia PD released these images today of a larceny suspect. The man in the pictures may have stolen items from a local store. People with information that may assist in the investigation are asked to call Officer Nicole McGinnis at (585) 345-6350.
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