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Tractor-trailer rollover accident reported in Darien

By Billie Owens

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A tractor-trailer rollover accident is reported at 2061 Broadway Road, Darien. The big rig also struck an unoccupied parked car.

"We'll need the rescue, then an ambulance. The patient's going to be able to get himself out; he's just looking for some paperwork right now," says a first responder at the scene.

Darien Fire Department and Mercy medics are responding.

The location is between Attica and Smithley roads. "Unknown if fluids are leaking," says the dispatcher. 

Law enforcement is on scene. "A pole is hit, but it doesn't appear to be damaged," says a first responder. National Grid will be called.

UPDATE 5:27 a.m.: A heavy wrecker will be called for the trailer, which is on its side against a utility pole, and another tow for the front cab.

UPDATE 6:01 a.m.: The trucker claims he swerved to avoid a moose. The tractor-trailer then slid along a guard rail and landed in the front yard of a residence, crushing the front end of a parked Jeep. A woman who was sitting in her living room at the time said it sounded like a truck dragging a car down the road, then went boom. The big rig wound up only a few feet away from where she was sitting. It was carrying a light load -- shoes.

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Pavilion and Attica school districts to host All-County Music Festival

By Julia Ferrini

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An ensemble of young musicians and choral singers from Wyoming and Genesee counties will be performing at the All-County Music Festival, sponsored by the Genesee-Wyoming Music Educators’ Association Inc.

The first performance begins at 2 p.m. Saturday in the auditorium at Attica High School, Main Street, Attica. The second performance will be at 2 p.m. April 7 at Pavilion Central School, Big Tree Road, Pavilion.

Students from St. Joseph and Notre Dame, and Alexander, Attica, Batavia, Byron-Bergen, Elba, Le Roy, Oakfield-Alabama, Pavilion, Pembroke and Wyoming school districts compete for a chance to perform in this festival.

Performances include the Senior High Jazz Band Ensemble, the Elementary All-County Chorus, the Junior High All-County Band, and the Senior High All-County Chorus.

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Law and Order: Lackawanna man arrested on warrant for assault and weapon charges from Shanks Road incident in February

By Billie Owens

David Bruce Piechowicz, 41, of Lackawanna, is charged with two counts of second-degree assault and criminal possession of a weapon, third degree -- with a prior conviction. He was taken into custody March 23 by the U.S. Marshall's warrant task force on a Town of Alabama warrant on the charges, issued Feb. 12 following an unspecified incident on Shanks Road in Basom. The defendant was jailed on $50,000 cash or $100,000 bond. The case was handled by Genesee County Deputy Lonnie Nati.

David William Cook, 50, of Washington Avenue, Batavia, is charged with unsafe turn/failure to signal, aggravated DWI, and DWI. Cook was arrested at 7:04 p.m. on March 23 on Lincoln Avenue in Batavia following a traffic stop. He allegedly had a BAC of more than .18 percent at the time. He was issued appearance tickets for Batavia City Court on April 26. The case was handled by Genesee County Sheriff's Deputy Travis DeMuth, assisted by Deputy Michael Lute.

John Moon, 25, of Batavia, was arrested at 10 p.m. on March 22 by State Troopers for DWI. They performed a traffic stop on West Main Street Road in the Town of Batavia and Moon allegedly failed field sobriety tests. His breath test allegedly resulted in a BAC of .17 percent. He was given appearance tickets for Town of Batavia Court in April.

Bettina Jacqueline Jacobs, 33, of West Main Street Road, Batavia, is charged with fourth-degree criminal sale of a controlled substance and first-degree promoting prison contraband. She was arrested for allegedly introducing Suboxone into the GC Jail after being taken into custody at court for an alleged violation of her previous release agreement. It is also alleged that during the subsequent transport to another jail, she gave some of that controlled substance to another inmate. Jacobs was arraigned in City of Batavia Court on March 22 and jailed in lieu of $10,000 cash or $20,000 bond. The case was handled by Genesee County Sheriff's Deputy Christopher Parker.

Dawn M. Morford, 56, of Jackson Street, Batavia, is charged with criminally using drug paraphernalia in the second degree, a Class A misdemeanor. And 41-year-old Gary Bradford, of Maple Street, Rochester, is charged with a violation -- unlawful possession of marijuana. Both were arrested March 21 following a traffic stop in the Town of Bergen by the GC Local Drug Enforcement Task Force. They were issued appearance tickets returnable to Bergen Town Court. Uniformed deputies from the Sheriff's Office along with K-9 "Destro" assisted with the investigation.

A 16-year-old who lives on Lewiston Road in Oakfield is charged with second-degree criminal contempt after allegedly being found in possession of a cell phone on March 10. The subject was ordered earlier this month to refrain from possessing a cell phone by Judge Adams in GC Family Court. The defendant is to appear in Oakfield Town Court at a later date. The case was handled by Genesee County Sheriff's Deputy Cory Mower.

Collins expresses disappointment in GOP decision to withdraw health care insurance bill

By Howard B. Owens

Press release:

Congressman Chris Collins (NY-27) today released the following statement regarding the American Health Care Act.

“I am extremely disappointed with today’s result,” Congressman Collins said. “This bill, while not perfect, was a solution that would have ended the Obamacare nightmare that Western New Yorkers have had to endure for too long.

"By increasing competition and giving people the power to make their own choices with their own health care, the American Health Care Act would have been a drastic improvement over the healthcare system Obamacare has left us with.

“Despite today’s result, this process has provided the opportunity to push for reforms vital to Western New York, specifically my amendment to force Albany to end its unfunded mandate on New York’s counties once and for all.

"I will continue advocating for that critical measure going forward and will remain resolute in my commitment to the taxpayers in my district.”

Man in United States illegally arrested after bloody domestic violence incident on Wood Street, Batavia

By Billie Owens

A man found to be illegally in the United States was arrested after a bloody domestic incident on Wood Street in Batavia last night.

At 9:15 p.m., Batavia police responded to 8 Wood St. for a physical domestic incident and found a female victim with a laceration to her neck. The victim indicated the suspect, Reynauldo Diaz-Ruiz, had cut her with a knife and was still inside the apartment. Officers located the man and attempted to take him into custody, but he allegedly refused to comply and physically resisted arrest.

Officers were eventually able to subdue Diaz-Ruiz and take him into custody after deploying a Taser. Diaz-Ruiz was transported to the Batavia Police Department where he allegedly attempted to take the service weapon of the escorting officer, who was able to subdue Diaz-Ruiz until additional officers arrived. Diaz-Ruiz was then transported to UMMC for a medical evaluation and released a short while later to the custody of Batavia PD.

Through investigation it was learned Diaz-Ruiz is in the country illegally.

Diaz-Ruiz was arraigned in Batavia City Court with the assistance of a court-appointed interpreter on the following charges:

  • First-degree assault (Class B felony);
  • Third-degree attempted robbery (Class E felony);
  • Second-degree attempted escape (Class E felony);
  • Fourth-degree attempted grand larceny (misdemeanor);
  • Attempted menacing a police officer (Class E felony);
  • Attempted criminal possession of a firearm (misdemeanor);
  • Second-degree menacing (misdemeanor);
  • First-degree reckless endangerment (Class D felony);
  • Second-degree reckless endangerment (misdemeanor);
  • Fourth-degree criminal possession of a weapon (misdemeanor);
  • Criminal mischief;
  • Resisting arrest (misdemeanor);
  • Obstruction of governmental administration (two counts).

Diaz-Ruiz was put in Genesee County Jail without bail. An immigration detainer was also lodged against him.

The Batavia Police Department was assisted by Mercy medics, the Genesee County Sheriff’s Office, and the U.S. Immigration and Customs Enforcement Agency out of Batavia.

Anyone with information in reference to the case may contact the Batavia Police Department at 585-345-6350, the confidential tip line at 585-345-6370 or online at http://www.batavianewyork.com/police-department/webforms/report-suspicious-drug-or- criminal-activity.

Part 1: Trump, trade and the local economy

By Howard B. Owens

Introduction

This is part one of an eight-part series on trade and how changes in policy might affect the local economy.

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At the top of his agenda, Donald J. Trump, told supporters while campaigning for president was that he would bring manufacturing jobs back to the United States.

"I am going to be the greatest jobs president that God ever created," Trump said at one campaign rally.

How Trump goes about reshaping American trade policy will likely have a profound effect not just on the whole United States but also on us in Genesee County as farmers, business owners, executives, employees, and families. As America's economy goes, so goes Genesee County, so over the past few of weeks, The Batavian has interviewed several local business leaders to see how Trump's campaign rhetoric and what has emerged as his administration's policy during his first 100 days in office are shaping their views of our shared economic future.

The views range from a full embrace of Trump's "Make America Great Again" bravado to fearful skepticism that trade barriers and protectionism will lead to trade wars and ultimately financial ruin.

"I think Trump is going to be good for us in business," said Pete Zeliff, owner of p.w. minor in Batavia. "He's going to start leveling the playing field. The way trade deals have been done, the playing field isn't level. It's really hard to compete with people overseas. Their labor is so much less, so naturally, things cost less money. What Trump has talked about, leveling the playing field makes total sense to me."

Jeff Glajch, vice president and CFO for Graham Manufacturing in Batavia, said that with Graham exporting more than it imports -- about 40 percent of its sales are overseas -- he thinks some of the policies contemplated by Trump and the Republicans in Congress will not only be great for Graham, but great for America and great for Batavia. Graham employees nearly 300 people locally and Glajch, who remembers more manufacturers here 30 years ago, would like to see a resurgence in local manufacturing. 

"We're encouraged by anything that favors U.S. production because I think we've been unfavored for quite a while," Glajch said. "It would be nice to see that shift back in our direction a little bit. It would be great as a country."

On the campaign trail, Trump spoke frequently of increasing tariffs, tearing up trade deals such as NAFTA (North American Free Trade Agreement) and the TPP (Trans-Pacific Partnership) and entering into a series of bilateral trade agreements (cutting deals with only one country at a time instead of deals that encompass several countries). To economists, that rhetoric sounds a lot like protectionism, and that's a dirty word to those who favor free trade.

Craig Yunker, CEO of CY Farms, said he favors free trade and is fearful of what Trump's disruption of international trade norms might do to the local and national economy. 

"The issue I have with people who talk about trade as a zero-sum game is that trade is a win-win game," Yunker said. "It's a very positive thing. It leads to higher incomes for both parties if done right."

"The issue," he added, "is that when we look at the percent of the pie we get rather than the size of the pie. We see a smaller piece of the pie, but the economy has expanded. The issue of the anti-trade mentality is to look at 'what is my share of the pie?' and the free-trade mentality and a more pro-growth mentality is 'let's grow a bigger pie.' "

Rep. Chris Collins, the first member of Congress to endorse Trump for president, said Trump's trade policies, and the policies he's pursuing in Congress with fellow Republicans, are unapologetically protectionist.

"Absolutely," he said.

Collins said he's concerned about the people who have lost factory jobs. They aren't the kind of people who are going to become rocket scientists, he said, or researchers. When they can't find a job, they become depressed, and too often they wind up in service-sector jobs at lower wages.

"We need to make stuff and give people an opportunity to make a good living who have a high school (diploma) or a community college degree," Collins said.

Top graphic: The graphic shows the number of people employed as a percentage of the U.S. population. As you can see, prior to the 2001 recession, the number hit 81.6 percent. It climbed back up to 80 percent prior to the 2008 recession and has been climbing for the past five years hitting 78 percent at the start of 2017.

Car hits pedestrian at State Street and Alva Place, Batavia

By Howard B. Owens

A car has reportedly struck a pedestrian at the intersection of State Street and Alva Place, Batavia.

City fire and Mercy EMS responding.

The location is by Washington Towers, behind JCPenney.

UPDATE 3:54 p.m.: A pedestrian was struck by a car making a left-hand turn, but the person does not appear to be injured. Mercy medics are transporting the pedestrian to Strong Memorial Hospital for evaluation.

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By Lisa Ace

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Passenger in accident yesterday in Alabama succumbs to injuries

By Howard B. Owens

An 81-year-old man from Medina who was a passenger in a sedan that rammed under the trailer of a big rig died just before 5 p.m. yesterday, according to State Police.

Purcil E. Buzard suffered severe trauma in the accident, according to sources, and was flown by Mercy Flight to an area hospital where he succumbed to his injuries.

The accident was reported at about 9:30 a.m. yesterday at the intersection of Route 77 and Route 63 in Alabama. A tractor-trailer that was eastbound on Lewiston Road was making a right-hand turn onto southbound Alleghany Road. A Mercury sedan driven by Donna L. Wolter, 69, of Medina, allegedly failed to stop at the four-way stop. The car went under the trailer and its roof was sheared off and then hit a vacant building on the southwest corner of the intersection. It bounced off the building and hit a sedan stopped on Lewiston Road.

Wolter suffered head injuries.

There were no other injuries reported as a result of the accident.

Five months on the lam helps convince judge to deny bail to suspect in Central Avenue attack

By Howard B. Owens
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      Oliver Thomas

If Oliver Thomas hadn't had a warrant for his arrest for five months, perhaps he could have made bail today, but since he didn't turn himself in and continued to hide from police, Judge Charles Zambito wasn't persuaded that bail was appropriate in his case.

Thomas was wanted for his alleged role in a home-invasion attack on residents in a Central Avenue residence in October. A second warrant was later issued because of his alleged failure to register a change of address as a convicted sex offender.

On the bail evaluation worksheet, which judges use to help determine somebody's flight risk, Thomas scored a negative four, even though he's a lifelong Batavia resident.

Thomas was in court today specifically for a review of his bail status following his arrest in Le Roy and original arraignment earlier this week.

Assistant District Attorney Melissa Cianfrini argued that even with his lifelong residency, Thomas has proven he's really pretty transient with lots of options for where he can go and where he can hide.

"He's a significant flight risk," Cianfrini said.

His assigned counsel, Brian Degnan, argued that because of his roots here, and that he obeyed all of the rules of his prior parole, he deserved reasonable bail, such as $10,000 or $20,000 bond.

Zambito agreed that Thomas is a flight risk and ordered him held without bail.

Man who had affair with teenager given three years in prison

By Howard B. Owens

The case of a 29-year-old man's sexual affair with a 16-year-old Genesee County girl turned a lot today on speculation about just how hurt the girl was by the affair.

Daniel Brown is from Ontario County and has already been sentenced to two years in state prison on his conviction of crimes stemming from acts between him and the girl in that county and this morning's hearing was to determine if he should get an additional year in prison for crimes committed locally.

He pled guilty in December to criminal sexual act, 3rd.

Assistant District Attorney Kevin Finnell argued that Brown deserved the maximum available sentence available under the plea deal, three years in prison to be served concurrently with his Ontario County sentence, notwithstanding a statement by the victim's mother in a letter to court stating that her daughter suffered nothing more than a broken heart from the affair.

Finnell said that even by his own admission, Brown knows he hurt the girl in ways that will have ramifications for her later in life.

"He acknowledged in his letter to the court that he knows her brain is still developing and that this can affect her later in life," Finnell said. "He knew that."

According to Finnell, Brown struck up a friendship with the girl while she was still 15 and would meet with her, text with her and even showed up at school at least once to watch one of her school activities and when questioned about his presence, he said he was at the school that day to interview for a teaching job, which, Finnell said, was a lie.

Finnell said the physical affair started as shortly after the girl turned 16 and that Brown knew what he was doing wrong all along both legally and morally.  

According to Finnell, Brown would pick up the girl at school and never drive far from the school so they could get her back to the school quickly if her mother showed up, ostensibly to help hide the affair. 

The maximum sentence was appropriate, Finnell said, because the affair started in Genesee County and Brown continued to pursue the girl in Genesee County, even if they also spent time together in Ontario County.

Public Defender Jerry Ader argued that his client shouldn't get any additional prison time because he's already received sufficient punishment in Ontario County, which besides the two-year sentence, includes 10 years on parole and 30 years on the sex offender registry.

Both Finnell and Ader referred to a claim by Brown, who has held steady jobs since his military service and has no criminal record, that he succumbed to temptation after being dumped by his fiancée. Ader said that isn't an excuse, but just like any hardship faced by defendants, it is a circumstance worthy of the court's consideration.

Ader took issue with Finnell's characterization of the girl's eventual mental state, that she will suffer down the road. Ader said without a statement from the girl, and no way of predicting the future, there is no way to judge how the affair will affect the girl in the future.

Judge Charles Zambito said he felt sorry for Brown's personal difficulty, but it wasn't a mitigating circumstance in his mind, before handing down a three-year sentence.

"This was all about you getting what you wanted and what you thought you needed," Zambito said. "You never said you cared for her or even expressed that you cared for her. This looks like you used her for your own purposes."

Parrot 'as big as a pigeon' found by citizen, animal control is responding

By Billie Owens

An officer just received a walk-up complaint about a parrot. A citizen found a "lost" parrot and wants to help it. An animal control officer is going to the place where the parrot is located, no word on where that is, to get the parrot and try and find an appropriate rescue facility for it. "It's as big as a pigeon," says the officer.

UPDATE 12:30 p.m.: The officer who handled the walk-up complaint says the bird has been confirmed to be a cockatiel, not a parrot, and it's been turned over to animal control.

Music fills Batavia city schools at district concert

By Steve Ognibene

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Batavia High School hosted the district’s annual Music in our Schools Concert last evening.  

Students from Jackson Elementary, John Kennedy Intermediate, Batavia Middle and High School, performed a collection of songs in honor of Mr. Jeff Langdon. 

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Music Department Director Jane Haggett and Principal Paul Kessler gathered student musicians in honor of Mr. Jeff Langdon’s dedication, devotion and years of teaching music at John Kennedy Intermediate school to perform a collection of songs demonstrating his contributions to their musical development. 

For more pictures go to: Steve Ognibene Photography

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Accident reported on Main Road in Pembroke

By Howard B. Owens

A car has gone off the road into the woods on Main Road in Pembroke.

No injuries reported.

The location near the Pembroke Fire Hall, 630 Main Road.

Pembroke fire and Indian Falls fire along with Mercy EMS dispatched.

Car on its side, driver trapped but uninjured in Le Roy

By Howard B. Owens

A driver is reportedly uninjured but trapped in her car after a rollover accident in the area of 6790 East Bethany Le Roy Road, Le Roy.

The car is on its side.

Le Roy fire and Le Roy ambulance responding.

Employment picture brightens nationally, but little growth recorded locally

By Howard B. Owens

While the State of New York is reporting its lowest unemployment rate in a decade, at 4.4 percent, Genesee County saw a slight uptick in its year-over-year unemployment rate, according to data released today by the Department of Labor.

The local rate is 5.8 percent. A year ago in February, it was 5.6 percent.

The state records 21,900 jobs in the county. This the third straight year the total number of jobs for February in the county hit 21,900. The highest February number over the past three decades was 22,400 in 2008.

Even at 5.8 percent, the jobless count is still lower than it has been over the past several years. with the exception of last year. The lowest local rate for February was recorded at 4.7 percent in 2001.

The February unemployment rate for the nation is reported at 4.7 percent.

A key indicator of the overall national employment picture is the prime-age percentage of the population in the workforce. It fell to 75 percent at the depths of the recession in 2010 and 2011. In February it hit its highest level since the recovery, 78.3 percent. Prior to the 2002 recession, it was as high as 82 percent.

The other interesting study that came out today, related to the national economy, is a report on what are called "deaths of despair" -- people dying of suicide, alcoholism or drugs, which rose dramatically among middle-aged whites from 2000 to 2014. According to the map, Genesee County was one of the few areas in the country that didn't see an increase in that statistic.

Job Bureau hosts job fair for area high school students

By Howard B. Owens

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The Genesee County Job Development Bureau hosted a job fair today for area high school students. A total of 11 local employers and 13 vendors were on hand along with Job Bureau counselors.

Speakers attended from Genesee Valley Partnership, Genesee Community College, and Empire State College. They discussed vocational or educational goals with students.

There was also staff from the Department of Labor to review student resumes and offer tips. 

(Thanks to Tim McArdle for supplying photos of Le Roy students at the event. We had it on our schedule to cover but couldn't make it because of the accident in Alabama this morning.)

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Le Roy inducts 34 students into National Honor Society

By Howard B. Owens

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On Wednesday, Le Roy High School inducted 34 new members of the National Honor Society. These students have maintained an overall GPA of 90 percent and possess the five qualities of a model student: scholarship, service, leadership, character and citizenship. Sr. High Math teacher Mr. Zach Paley was our induction speaker and gave a great motivational message challenging students to learn through their failures. 

From Principal Tim McArdle: "This is a wonderful honor and accomplishment for our students and their families. I would like to thank Mrs. Qadiri for organizing with our officers a quality program for our students. We would like to congratulate the families of our new members. We all know, it takes a team to be successful!"

Photos and info submitted by Tim McArdle.

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Jackson School hosts 'Camp Read-A-Lot'

By Howard B. Owens

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Top photo, Officer Peter Flanigan, Batavia PD, reads to students at Jackson School during the school's annual parents' night reading program last night, this year dubbed "Camp Read-A-Lot." The evening featured community members reading to students, games, activities and a campout with camp music in the school's gymnasium.

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Top Items on Batavia's List

Part-Time Children's Library Clerk Haxton Memorial Public Library is seeking a Part-Time Children's Clerk 19 Hours a week $15.00/hr. Interested applicants please go to www.co.genesee.ny.us for an application or come to the library at 3 North Pearl Street, Oakfield. Any questions, please call at (585) 948-9900
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