A motorcycle accident with possibly serious injuries is reported at Warsaw and Perry roads. Le Roy fire and ambulance are responding. The rider is down in the roadway, not moving, said the dispatcher.

UPDATE 6:08 p.m.: The rider has medical issues which precipitated the accident. He is not seriously hurt. He is being taken to a hospital by Le Roy for his medical issues and for evaluation. No other vehicles were involved.

UPDATE 6:11 p.m.: Responders said the victim was not moving because he was being restrained by Good Samaritans, passersby who stopped and held him in place for his own good until medics arrived, so as not to worsen any injury.

Press release from Lt. Jeff Whitcombe, City of Batavia Fire Department:

The City of Batavia Fire Department will be flushing fire hydrants on Friday, Sept. 4, from approximately 9 a.m. to noon in the general area south of West Main Street and west of Jackson Street, including Walnut Street, Pearl Street and South 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 five minutes or until clear.

Submitted photo. From left: Kim Cox (superintendent). Michael Chiulli (science teacher), Jeff Cunningham (Monsanto rep), Jackie Whiting (school board member), Tim McArdle (principal).

Press release:

Le Roy Central School District has received a $10,000 grant from America’s Farmers Grow Rural Education, sponsored by the Monsanto Fund. The district will use the money to purchase new lab equipment and instructional materials, allowing teachers to incorporate advanced, hands-on experiments in upper-level science classes for high school students.

Through this enhanced science curriculum, the district will introduce students to higher-level lab activities and spur their interest in biotechnology and other science, technology, engineering and mathematics (STEM) careers.

“The projects will expose students to technology they wouldn’t otherwise have access to,” said biology teacher Michael Chiulli. “This experience makes them more competitive for colleges and careers, and will hopefully encourage them to stay in the region as the biotechnology sector continues to expand in western New York.”

Farmers who nominated the school district and representatives from the school and the Monsanto Fund attended a check presentation to celebrate the grant during the back-to-school assembly on Sept. 1.

This year the school district also received an educational starter kit from Monsanto Company to help establish a pollinator garden, which will give students firsthand knowledge of the critical role habitat plays in providing bees and butterflies with food, shelter and places to lay eggs.

Since 2011, Grow Rural Education has awarded more than $9 million to help keep rural public school districts growing. The program works with farmers to nominate public school districts to compete for math and science grants of $10,000 or $25,000. Grant applications are reviewed and finalists selected by a panel of teachers. Winning applications are chosen by an advisory council comprised of farmers from across the United States.

Visit www.GrowRuralEducation.com to see the full list of winners for this year. A sister program, America’s Farmers Grow Communities, is currently enrolling farmers for 2016. To sign up, visit www.GrowCommunities.com before Nov. 30.

These programs are part of the America’s Farmers initiative. The America’s Farmers campaign and programs have advocated on behalf of farmers and their efforts to meet society’s needs through agriculture. Today, consumers are more interested than ever in agriculture and how food is grown. Farmers and others in the industry are joining in on the conversation to help raise awareness about agriculture and share their stories with their communities.

Learn more at cfiengage.org

Officials continue to refuse media requests for an explanation of why Christina M. Colantonio was charged with murder before all of the evidence was available to law enforcement.

District Attorney Lawrence Friedman has not acknowledged a request for an interview e-mailed to him last night and Colantonio's attorney, Public Defender Jerry Ader, refused to accept a phone call from a reporter this morning. Calls to Batavia PD are being referred to the District Attorney's Office.

Meanwhile, Colantonio has been scheduled to appear in court at 10:30 a.m., Sept. 23, for what's known as a "call" appearance. A call appearance is a chance for the judge to be updated on the status of the case.

The 28-year-old Liberty Street resident was charged with murder in the second degree Saturday following the grisly discovery of an infant's body in an ice cooler in her home.  

She was released from custody yesterday after the DA's office admitted there wasn't sufficient evidence to hold her.

Friedman stated in a press conference Saturday, and reiterated in a press release yesterday, that Colantonio was arrested and charged based on evidence he wouldn't discuss and witness interviews. The charging document filed with City Court indicated Colantonio made statements that were used as evidence for the arrest.

It was only after Colantonio's arrest that the infant's body was sent to the Monroe County Medical Examiner's Office for an autopsy. The autopsy revealed that it was impossible to determine if Colantonio, who apparently gave birth at home, delivered a live baby or if the baby was stillborn.

Without that critical piece of evidence, Friedman said, his office was unable to proceed with a grand jury presentation within the constitutionally mandated timeframe, so Colantonio was released from custody. The murder charge is still pending, however.  

In yesterday's statement, the DA's office said, "Due to the fact that this case is still being investigated, the legal principle that the Defendant is presumed innocent until proven guilty and the necessity to preserve the integrity of this matter, we will not be granting interviews or responding to questions regarding this matter. Once the next step is taken regarding this case, more information will be provided."

Friedman is an elected official and Ader is appointed to his position by the County Legislature.

This orange tabby kept trying to get into the MedTech Center on R. Steven Hawley Drive (across from GCC) this morning. Workers there think it's a house cat who is lost. It's being kept at the nursing office. Call (585) 343-0055, ext. 6355.

Friends of a Pavilion resident who was displaced when a truck rammed into her house Friday are trying to raise money to assist her.

JoAnn Dumbleton has been staying with family since the accident, according to Mary Conway-Doody.  

Dumbleton is a child-care worker in the before and after school program at Pavilion.

The fundraiser is intended to help Dumbleton, who was renting the house, find a new place to live and replace damaged items.

To donate, visit this GoFundMe.com page.

Terrance Lee Falk, 17, of Woodsmeadow Lane, Brighton, is charged with third-degree assault and second-degree obstructing governmental administration. Falk allegedly engaged in a physical struggle with a corrections officer at the Genesee County Jail leading to an injury to the officer.

William John Velky, 34, of Bank Street, Batavia, is charged with driving while ability impaired by drugs, following too closely, passing on right and moving from lane unsafely. Velky was stopped at 5:08 p.m. Monday on Chapel Street, Elba, by Deputy James Diehl following a complaint of an erratic driver.

Cassandra Y. Dauber, 32, of Lock Haven, PA, Cindy L. Dauber, 58, and David T. Suzenski, 57, both from Phoenixville, Pa., are charged with trespass for allegedly entering Rolling Hills Asylum on Bethany Center Road without permission.

Andrew Charles Webster, 22, no permanent address, is charged with petit larceny. Webster is accused of shoplifting from Walmart. He was jailed on $500 bail.

City fire responded to a kitchen fire at 27 Tracy Ave., Batavia, this afternoon that caused an estimated $1,000 in damage.

The fire was reported at 4:38 p.m. and was deemed accidental, according to a press release.

Engine 11 arrived three minutes after the alarm and reported smoke showing. The residents evacuated.

Once inside, firefighters found a pot of grease on fire on the stove with flames extending into other combustibles nearby. The crew smothered the fire by putting a lid on the pot and used a fire extinguisher to knock down the remaining fire on a cabinet and wall paneling.

Crews were also able to locate and remove a pet rabbit from the home.

City fire remained on scene for about an hour checking for extension and ventilating the structure.

The estimated building damage is $200 and contents damage is put at $800.

Some key starters from the 2014 edition of the Elba/Byron-Bergen Lancers have graduated and moved on, but Head Coach Mike Cintorino is confident in the squad he will put on the field in 2015.

"This is the most veteran group we've ever had," Cintorino said. "We have a lot of guys who played with us as freshman and sophomores and we've got 15 seniors returning, mostly starters, so we lost some names such as (Steele) Truax, (Mike) Shanley and (Garrett) Chapell, and guys like that, but in all reality, we had guys with us last year already ready to fill those roles who have been with us for a couple of years."

John Hockmuth, a standout at tight end last season, has been waiting his turn to lead the offense and is ready to step in as QB-1, Cintorino said. Richard Flores, perhaps the fastest running back in the Genesee Region, returns as half-back and there are younger guys ready to contribute at receiver and tight end.

Size and experience will benefit the offensive and defensive lines.

"They've been playing together actually since they were in seventh or eighth grade, so this line is probably the most experienced line that we've ever had in terms of them playing together and having that continuity," Cintorino said.

There are no pushovers in the GR this year, Cintorino said, so preperation for each game is going to be a key to a successful 2015 for the Lancers.

"It's that old cliche, one week at a time," Cintorino said. "We don't want to look ahead. Right now, our number-one focus is Pembroke. In a league like this, you can't take any team for granted."

Press release:

The Jerome Foundation and United Memorial Medical Center Foundation are seeking nominations for the Health and Humanitarian Award of Genesee County.

This will be the 31st year the award has been presented. The first award was presented to Dr. Sydney McLouth in 1982. Award winners for the past four decades have included health care workers, builders, teachers, and many community volunteers.

The award recognizes outstanding men and women whose volunteer efforts have improved the physical, emotional or spiritual well-being of the greater Genesee County area.

“We are fortunate to have many caring and committed volunteers devoted to the sick or to those in need, and helping build a stronger, healthier community for all of us,” says a written statement from Justin Calarco-Smith, president of The Jerome Foundation, and Susie Boyce, president of UMMC Foundation.

They noted Robert Boyce, the 2014 Health and Humanitarian Award recipient, who has devoted considerable time and talent to improving the quality of volunteer ambulance service in LeRoy, in addition to volunteer service on many community boards and organizations.

Nomination forms are available from UMMC Foundation Office at 127 North St., calling 585-344-5300, or online at www.ummc.org.

Organizations or individuals may nominate candidates. Consideration will be given to actual accomplishments achieved through volunteer service and subsequent improvements to quality of life. Nominations should be submitted on or before Sept. 30.

The 2015 award winner will be honored at a luncheon on Friday, Dec. 4, at Terry Hills Restaurant.

Press release:

Assemblyman Steve Hawley (R,C,I-Batavia) today announced that U.S. veterans who paid a New York State Department of Motor Vehicle (DMV) fee of $12.50 to have a distinguishing mark on their driver’s license or identification card will be issued a refund.

Hawley, a veteran and Ranking Minority Member of the Assembly’s Veterans’ Affairs Committee, praised the law, which was signed into law in August.

“I am proud to have championed and voted for this legislation on behalf of our veterans and the sacrifices they have endured,” Hawley said. “Many restaurants and businesses already offer discounts to vets and this law will make proving one’s status convenient and fool proof.

"I applaud my colleagues in the Assembly and Senate for passing this measure and consider it a small token of gratitude for those who have given our country so much.”

The law applies to those seeking a “veteran” designation on or after Oct. 3, 2012. The DMV will be automatically sending a refund to those who qualify.

State Police authorities are asking the public to be on the lookout for a person or persons stealing from unlocked cars in Genesee County.

An investigator said there have been recent thefts in Darien, Alexander and Pembroke that may be related.

Members of the public are asked to take two actions: Lock up their valuables and report suspicious activity to police.

The perpetrators may be driving around looking for opportune targets.

For reports of suspicious activity, dispatchers can be reached at (585) 343-5000.

A two-car accident with minor injuries is reported at the intersection of Sumner and Colby roads. Darien fire is responding along with two Darien ambulances.

The Batavia woman accused of murdering her own newborn baby and storing it in an ice chest for three months has been released from jail after the Monroe County Medical Examiner's Office was unable to determine whether a live birth occurred.

A charge of murder in the second degree is still pending against Christina M. Colantonio, 28, of Liberty Street, Batavia, but in a statement the office of District Attorney Lawrence Friedman said without being able to prove live birth, the prosecution is unable to make a presentation to a grand jury within the prescribed amount of time and so Colantonio is being released from custody.

"Circumstances present when the body was discovered are very indicative of the intentional homicide," Friedman's statement says. "However, in order to establish a homicide, we have to prove that a live birth occurred. Yesterday, we learned from the Monroe County Medial Examiner that, based upon their examination of the body, they were unable to conclude that a live birth occurred. This apparently is due in large part to the lengthy passage of time between delivery and discovery of the body."

In the charging document on file with Batavia City Court, some portion of the underlying evidence to sustain the charge of second-degree murder was based on statements made by Colantonio. None of those possible statements have been made public either through court documents or statements by authorities.

The DA's statement today says that Colantonio was arrested and charged after a "thorough investigation by the Batavia Police Department and included interviews with multiple witnesses."

Friedman's statement said neither he nor anyone in his office would answer media questions about the case given the fact that the murder charge is still pending and the investigation is continuing.

Colantonio was arrested Saturday and held without bail until her release today.

No date was provided for any possible future court appearance.

The brother of First Assistant Chief John Durand was shot and killed at the pawn shop he owned in Raleigh. The perpetrator has also shot another person and raped a teenager.

Thomas Melvin Durand, 64, was shot and killed, about 7 p.m., Monday.

The suspect is 21-year-old Kendrick Keyanti Gregory. He is wanted on charges of murder, two counts of robbery with a dangerous weapon, assault with a deadly weapon with intent to kill, inflicting serious injury and first-degree rape.

Police said Gregory, who was released from the Wake County jail on Aug. 25, is still at large and the public in Raleigh is warned that he is armed and dangerous.

Durkee said he and other members of the department are upset that their fellow volunteer and friend has his life end in such a tragedy.

"He's a guy who works so hard doing nothing but trying to help people out," Durkee said. "And then to have something like this happen is just unbelievable."

A two-car accident with multiple victims is reported at 4103 W. Main Street Road, just outside the city line in the Town of Batavia. A child is said to be trapped in the back seat. Town of Batavia fire is responding along with Mercy medics. A deputy is not available and so city police are asked to respond. The location is in front of WNY Fireplace Outlet and a woodworking shop.

UPDATE 1:44 p.m.: No injuries reported. Two people were in one vehicle. Three in another. A baby will possibly be transported to the hospital for evaluation.

Court documents in the case of a Le Roy mother accused of assaulting her 2-year-old daughter paint a months-long trail of multiple injuries to the tot, a boyfriend who admits to being a heroin addict, and a young woman who allegedly didn't know how to properly discipline a child.

The documents include a deposition from a man identified only as the boyfriend of Christina Pahura (the court redacted his name), who was arrested on charges of assault in the second degree and endangering the welfare of a child, and a deposition from a licensed day care provider in Le Roy.

Both documents recount more than two months of these adults observing injuries on the little girl, including broken limbs, bruises on the her butt and vaginal area and welts on her head.

The depositions are tough reading and Det. John Condidorio said it was a hard case to investigate.

"The pictures are really difficult to look at," Condidorio said. "It was a difficult process."

The case took months to get through because investigators wanted to make sure to build a case they were confident in, Condidorio said. As soon as the investigation started in February, the child was removed from the mother's care, Condidorio said.

According to the depositions, Pahura either had explanations for the injuries and, later, couldn't explain the injuries. At one point just before police were called in, Pahura allegedly told her boyfriend that she blacked out while spanking the child and snapped back to reality to find she was punching the child.

The Batavian's news partner, 13WHAM, contacted Pahura outside her apartment in Le Roy yesterday, and Pahura declined an interview request.

"You're not getting any other side," Pahura told a 13WHAM reporter. "Do whatever you want. Goodbye. Tell your camera man to turn around, too."

According to the depositions, documentation of the injuries to the child began in the Fall of 2014. First, there was bruising, then the child showed up to daycare with a cast on her arm, a cast that was removed a month later. Then the child started to limp, and during this time, bruises started appearing on her butt and vaginal area.

Finally, in early February, Pahura took the child to the hospital in Brockport, which is about the time Le Roy PD began its criminal investigation.

The boyfriend states in his deposition that he didn't call police because "it is not in my nature" and that he didn't call CPS anonymously because he didn't know that was an option. He also feared being blamed for the alleged abuse because he already has a criminal record.

The deposition was taken July 15 with his attorney present.

More than once, according to the deposition, the man offered to handle disciplining the children.

"Christina had a history of what I believed to be excessive punishment," the man said.

He describes incidents of Pahura hitting and slapping the victim along with two other children.

He said the alleged broken arm occurred sometime before Nov. 11. He said he and Pahura were in the basement. He was lifting weights and she was doing laundry. They heard a loud thump upstairs and then crying. When they went upstairs, the girl was on the floor and another child was on the couch. 

"The following morning," he states, "(the child) was favoring her arm and Christina had her father take (the child) to the doctor and the arm was splinted."

The cast was removed around Christmas, but the boyfriend doesn't say who removed it.

The first leg injury, the boyfriend believes, occurred New Year's Day. After spending New Year's Eve without any of the children, the couple picked them up that evening and were walking down a hill back to the house when the child stopped on the sidewalk and was hesitant to go down the hill on a dark, snowy night. He said Pahura's hands were full of gifts and he believes she pushed the child with her knee, told her to hurry up, then pushed her with her foot and the child fell forward, striking her head on the sidewalk. 

"This caused a large, good egg about the middle of (the child's) forehead and I believe (she) broke her leg at this time also," the boyfriend reportedly told police. "I say this as directly after (the child) got inside, she started having difficulty walking and this continued for six to seven weeks. When (the child) put too much pressure on her foot she would almost cry."

Pahura allegedly wouldn't take the child to the doctor, saying she was fine, the boyfriend said. 

The boyfriend recalls getting involved with drugs again in October and was spending about half his paycheck on drugs during this time. He recalls more incidents that may have led to bruising and cuts on the child early in the new year.

The daycare provider started documenting injuries to the child on Oct. 1, (The child started care a month earlier.) but it's unclear why the provider did not contact authorities sooner.

Initially, the provider said, Pahura said the child was injured from falls or bumping against objects in the home and when the child appeared to have a leg injury, Pahura reportedly said the child had just slept on it wrong.

Three ambulances are requested to the scene of a motor-vehicle accident at Buffalo Road and Apple Tree Avenue, Bergen.

Extrication is required.

Mercy Flight is grounded due to fog.

Bergen fire and Mercy EMS responding. Le Roy fire requested mutual aid. 

UPDATE 8:35 a.m. From the scene: Three people injured, including a child. None seriously. Two transported to Strong, one to UMMC. An SUV heading toward Batavia on Buffalo Road appears to have crossed center line striking pickup truck head on.Truck veered to west shoulder into apple trees. 

Charles Men's Shop always has interesting and attractive window displays, but the clothing featured are usually the in-season fashions for the sharp-dressed man.  For the past several weeks, the store has been featuring a line of clothing it doesn't even carry -- the uniforms of heroes. One window is dedicated to hometown heroes -- police and fire -- and the other to the U.S. military. Don Brown said he and Dave Howe saw the display as a way to give back to the community by showing appreciation for the men and women who put their lives on the line to keep us safe and free.