Sean A. Semprie Jr., 25, no permanent address, is charged with two counts of criminal sale of a controlled substance, 3rd, and two counts of criminal possession of a controlled substance, 3rd.

Semprie allegedly sold crack cocaine to an agent of the Local Drug Task Force.

He was charged under a Grand Jury indictment and extradited back to Genesee County from Augusta, Maine, where was being held on unrelated charges. 

He was jailed on $10,000 bail.

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Come to Christmas in the City tomorrow, stop by our partners at WBTA's studios at Main and Center between 5 and 9 p.m., show us the app on your device and you will be eligible to enter a drawing for a $100 prize.

A reader provided this photo of a garbage truck the somehow got stuck in a ditch off of Route 5 near Route 77 about 2:30 p.m. A tow operator managed to pull the truck out of the ditch.

A number of asylum seekers being held by federal authorities in Batavia must be granted bail hearings and the chance to be released on parole while their asylum petitions are pending, a Western New York District Court has ruled.

In a legal proceeding brought by the attorneys for two asylum seekers who were held for a time at the Buffalo Federal Detention Facility in Batavia, the plaintiffs argued that the facility was violating a directive from Immigration and Customs Enforcement (ICE) to review parole applications.

The attorneys also said their clients were being denied their legal right to a bail hearing within six months of detention.

Both procedures, the plaintiffs contend, changed in January, after President Donald Trump took office.

United States District Judge Elizabeth A. Wolford wrote the court's opinion that stated even though the ICE directive was an internal department document, it addressed specifically the rights of individuals and so, therefore, the detention facility was obligated to abide by the directive.

She also wrote that the asylum seekers retained their Constitutional rights, in accordance with prior court rulings, to a bail review hearing within six months.

Federal authorities argued that the asylum seekers should be considered as if they had been stopped at the border, and therefore not subject to Constitutional guarantees of due process, even though they were being held in Batavia, more than 3,000 miles from where they originally allowed into the country as asylum seekers.

Wolford noted "this decision does nothing to erode the Attorney General's discretionary authority to grant or deny parole. However, if Respondents follow the ICE Directive, individuals who are not likely to be a flight risk or a danger to the community will have been released on parole before six months has passed. Where an individual is detained for six months, Respondents should, under the ICE Directive, have a good reason for the continued detention and should, therefore, be able to readily meet the clear and convincing evidence of the standard of proof with respect to the denial of bond."

The primary plaintiffs in the case were Hanad Abdi and Johan Barrios Ramos. 

Abdi is a 26-year-old native of Somalia. He and his family were members of a minority tribe. Members of a rival tribe killed his father and captured Abdi and beat him. He managed to escape and fled his home country in June 2016. He arrived at the U.S. southern border Oct. 12, 2016, seeking asylum. Officials who interviewed him found there were credible reasons to believe he would be at risk if returned to Somalia so he was transferred to Batavia. Once in Batavia, his repeated requests for parole were denied. He was only released in August after he commenced litigation.

Ramos is a 40-year-old citizen of Cuba where he was involved with political opposition to the current regime. He was imprisoned for 11 months for his political activities. He fled Cuba in December 2016 and arrived in Mexico by raft. He traveled to the U.S. border and requested asylum on Jan. 14, 2017. He passed what is called a "credible fear" review, a finding that granted him preliminary asylum seeker status. Once transferred to Batavia, his repeated requests for parole were denied until litigation began. He was released Sept. 14.

The legal claim by the plaintiffs also sought class-action status so that any ruling might also apply to other asylum seekers being held in Batavia without being granted bail and parole hearings. Court documents list at least 20 such individuals.

The Attorney General's Office argued that with their release, Adbi and Ramos no longer had standing to pursue their legal claims nor to act as stand-ins for the class of asylum seekers being denied a chance at release.

Wolford disagreed, noting that the Attorney General's office could withdraw parole from Adbi and Ramos at any time. In fact, Adbi's parole already has been revoked. ICE, however, has no intention "at this time" of taking Adbi into custody.

The phrase "at this time," Wolford noted, is further evidence of the arbitrary nature of the government's handling of these cases, as is the fact that Thomas Brophy, acting director of the Buffalo ICE Field Office, did not articulate a reason for revoking Adbi's parole. Wolford also wrote that the ability of the AG's office to release individuals who bring suit shouldn't be a tactic for avoiding a class action ruling dealing with all the asylum seekers' cases.

A 38-year-old Brockport woman was seriously injured this morning when her 2012 Toyota Camry left the roadway on Route 262, Byron, and struck a tree.

The accident was reported at 7:11 a.m. at the intersection of Route 262 and Transit Road.

Dawn Dunlap was driving eastbound on Route 262 when her car drifted off the roadway onto the south shoulder, struck a road sign and large wooden sign and then a tree.

She was conscious and alert when emergency personnel arrived on scene. 

It's believed the accident occurred a considerable amount of time before it was reported by passersby.

Byron and South Byron fire departments responded and Elba fire responded with extrication equipment. 

Mercy EMS assisted at the scene.

Dunlap was transported to Strong Memorial Hospital by Mercy Flight. She is listed in guarded condition.

The accident is under investigation by Deputy Erik Andre, Deputy Kevin McCarthy, Sgt. Ron Meides, and Investigator James Diehl.

Charges are pending.

(initial report)

A motor-vehicle accident with injuries is reported at 8667 Gulf Road, Le Roy.

Le Roy fire with mutual aid from Pavilion dispatched.

Le Roy ambulance dispatched.

The accident may be in Monroe County.

UPDATE 2:16 p.m.: Le Roy chief on scene. It's in Mumford's district, Monroe County. Apparently minor injuries. Responding units "can back it down."

When was the last time you were at GO ART!? Well the Genesee Orleans Regional Art Council has been very busy over the last year. You may have noticed the Picnic In the Park on July 4^th was a little larger and had more activities. 

GO ART! has been busy behind the scenes, too. At Seymour Place, where GO ART! is located in Batavia (201 E. Main St.), they have increased the galleries from one to four, tripling the amount of art on display at any given time. Currently all four galleries are filled. 

For Christmas in the City, and throughout the month of December, GO ART! has assembled more than 150 pieces of classic and contemporary art, including sculpture and jewelry that are offered for sale.

“GO ART! has been very lucky to have had many great works donated to us through the years," Director Gregory Hallock said. “So much so that we don't have room to store it all and for the first time we are offering those without stipulations and owned by GO ART! up for sale to the public."

They have not just been busy with art. GO ART! has reworked the kitchen, complete with four new Viking ranges, for culinary classes. The ovens received a bit of a workout yesterday as they made cookies for Christmas in the City.

Starting at 5 p.m. on Friday GO ART! will be hosting a Slavic Christmas complete with Santa Claus and an accordion band; sandwiches from Red Osier Landmark Restaurant will also be sold at Seymour Place for the event.  

The New York-Penn League has blocked a proposal for the Rochester Red Wings to return to Batavia in 2018 as the operators of the Batavia Muckdogs.

This past season was the end of a 10-year agreement and sources say the league said it would not approve an extension.

What that means for the future of the Batavia Muckdogs is unclear. The 2018 NYPL schedule has already been released and it includes the Muckdogs.

Brian Paris, president of the Genesee County Baseball Club, the community group that owns the team, wasn't immediately available for comment.

Naomi Silver, president, and CEO of the Red Wings confirmed this morning that the Red Wings would not operate the team in 2018. She said he had no idea what the league or the owners planned for 2018.

"We offered to stay but the league could have prevented us from operating the team 10 years ago and they allowed us to operate it for 10 years, so I can't really fault them," Silver said. 

The agreement between the Red Wings and Genesee County Baseball includes a provision that if the team is sold, the Red Wings would receive 5 percent of the proceeds for each year the organization ran the team. That agreement, Silver said, survives this decision by the league.

Silver said it was a pleasure for the Red Wings to operate the team this past decade.

"I hope things work out," Silver said. "It's a wonderful community. It's just not as well-populated a community that it has to be, to be able to support a team and so you can't fault the community."

UPDATE 10:32 a.m.: The office of the New York-Penn League is in St. Petersburg, Fla. A call to the league's phone number this morning went to voice mail for league president Ben Hayes. No messages can be left because the mailbox is full.

UPDATE 10:50 a.m.: Brian Paris said it's unclear who will operate the team in 2018, perhaps the league, but there is nothing settled. 

"We're currently working with the league to determine the outcome for the Muckdogs," Paris said. "The hope is that we'll be playing and we will have a season in 2018."

He said he has a good working relationship with the league and Ben Hayes.

"We're working with the league and we're excited about hopefully making an announcement in the near future as to the outcome," Paris said.

Asked if the league could just shut down the team, he said he doesn't know.

"I think the league is in the business of promoting baseball and they're going to do what is best for promoting baseball in the New York-Penn League," Paris said.

UPDATE:  Don Rock, the Muckdog's groundskeeper, left the following comment below:

I would like to start out by saying THANK YOU to Naomi Silver and the Rochester Redwings organization for being there for all of us the past 10 years. I have worked as the groundskeeper for the past 16 years with my 1st year in the office, for a total of 17 years and all this is a major heartbreak to me. I AM DEVASTATED, to say the least. I hope things work out because I LOVE MY JOB very much. After hearing the news, I went and sat in the grandstands and cried. I was and still am very upset. The stadium has been my life.

We've made repeated calls to the NYPL office in St. Petersburg, Fla., and have not been able to reach anybody.

The Beat the Champ TV show cast and production crew rolled into Mancuso Bowling Center in Batavia on Wednesday to tape four shows that will run in December, two of which featured local adult and youth standouts.

Family, friends, longtime bowlers, fans of the WBBZ-TV (MeTV) telecast and interested observers turned out to watch the competition on lanes 19-20.

Batavians Rich Wagner and Rob Stefani – who registered a 300 game in league play earlier this week – along with Brockport’s Chris Bardol (owner of The North Pole Restaurant in Batavia) competed on the third show and eight youth bowlers from the Turnbull Heating Junior League at Mancuso’s participated in a Doubles event on the fourth show (see photo below).

The Wagner-Bardol-Stefani show will be telecast at 4 p.m. Dec. 23 (repeated at 11 p.m. Dec. 24) and the youth special will be telecast at the same times on Dec. 30 and Dec. 31.

All of the seven other bowlers in the regular shows were from the Buffalo area – reigning champ John Danielwicz, and qualifiers Josh Vogt, Dana Voytovich, Jeremy Zimmerman, Dan Richbart, Chuck Jagodzinski and Joseph Pohlman.

The first two shows will air on Dec. 9-10 and Dec. 16-17.

(Note: The Batavian will report the results of the matches after each show is televised).

The size of the audience grew as the show with the local bowlers neared its starting time, around 2 p.m.

For Tim Shanks of Elba, a former league bowler, seeing all the TV lights, cameras and set was an eye-opener.

“This is much more than I figured,” said Shanks, who said he watches the show regularly. “I’m happy the show is on again; it brings back memories of the old Beat the Champ. And I’m just glad that it’s so close to home.”

Beat the Champ airs from 12 different bowling centers, mostly in the Buffalo area, throughout the year, with four shows each month from a particular center.

Stars of the show are commentator Paul Peck, analyst Sue Nawojski and scorekeeper/host Janelle Sabin. Mike Pettinella, New York State USBC association manager and bowling writer for The Batavian, joined Peck and Nawojski as a commentator on the Wagner-Stefani-Bardol show.

Qualifiers for the show took place on Nov. 11-12, with the top nine bowlers making the TV show – bowlers 1-3 on the first show, 4-6 on the second show and 7-9 on the third show. Coincidentally, Wagner, Bardol and Stefani finished in seventh through ninth place, and as a result, were grouped on the same telecast.

This was the second straight appearance for Wagner, who earned $250 last year, and Bardol, who competed in a coed doubles special event.

Photo at top -- Rich Wagner, left, talks with Chris Bardol as Rob Stefani poses for some still photos prior to their Beat the Champ TV show at Mancuso Bowling Center on Wednesday afternoon.

Photos under the story -- The crowd included Rich Wagner's father, Rich, in the front row, and family and friends; Bardol is interviewed for post-production purposes by Sue Nawojski; longtime Batavian Tom Stokes (in red sweater and wearing an autographed French Connection Sabres hat) posed for a photo with Nawojski, Paul Peck and Janelle Sabin; local competitors Rich Wagner, Chris Bardol and Rob Stefani; youth participants James Townsend, Corinne Saluste, Emma Miller, Samantha Balbi, Benjamin Sputore, Tara Clattenburg, Skylar Laesser and Sam Miller; the on-air cast opening the youth special show. Photos by Mike Pettinella.

A car has reportedly hit a tree at Route 262 and Transit Road, Byron. 

Unknown injuries. 

Byron and South Byron fire departments dispatched. 

UPDATE 7:22 a.m.: Female driver said to be entrapped. Complaint of arm and leg pain. 

UPDATE 7:25 a.m.; Elba requested to the scene to assist with extrication.

UPDATE 7:31 a.m.; Mercy Flight on ground standby. Elba fire police requested. 

UPDATE 7:34 a.m.: Mercy Flight requested to the scene. 

UPDATE 8:06 a.m.:Mercy Flight in route to Strong. 

The Indian Falls United Methodist Church will host Genesee County's only drive-thru opportunity to see a live Nativity Scene. It's at Pembroke Town Park from 5:30 to 7:30 p.m. this Saturday, Dec. 2.

You and your family are welcome to experience the story of Christmas with live actors and animals while staying within the comfort of your own vehicle. Enjoy provided refreshments while a narrator leads you through the story of Christmas!

Plus, be entered for a chance to win a handmade Nativity decoration or a Christmas dinner!

Donations for the Corfu Food Pantry will be accepted and gratefully appreciated.

The park is located at 8799 Alleghany Road in Pembroke.

Press release -- Public Health Column:

November is Lung Cancer Awareness Month! Did you know that radon is the second-leading cause of lung cancer after smoking?

According to the Environmental Protection Agency (EPA), if you smoke and live in a home with high radon levels, your risk for developing lung cancer significantly increases. Testing your home for radon is the only effective way to determine if you and your loved ones are exposed to toxic levels of this poisonous gas.

Radon is a naturally occurring, radioactive gas. It has no smell, taste, or color.  Radon forms from the breakdown of uranium in soil, rock, and water and circulates into the air you breathe. When radon is formed under homes and buildings, it can penetrate through cracks in the foundation, leading to high levels of radon, especially in enclosed areas.

Sarah Balduf, environmental health director of Genesee and Orleans counties, further explains how radon can seep into your home.

“Radon can enter your home through cracks in the foundation, walls, joints, dirt floors, opening of sump pump, in well-water supply, and from gaps around suspended floors and pipes," she said. "Any home can have high radon levels, whether it is old or new, has a basement or is built on a slab.”

Test Your Home

Testing your home with a short term radon test kit is the quickest way to determine if your home is at risk. The Genesee County Health Department has an allotment of short term test kits that are free of charge for Genesee County residents. These test kits are easy to use and contain basic instructions on how to receive the most accurate results when testing your home for radon.

The EPA recommends placing the test kit in the first livable floor of your home. If you do not spend time in your basement, place the test kit in the first level of your home. Avoid testing in the kitchen, bathroom and laundry room. The humidity created in these rooms may interfere with the radon test results.

Once you have located where you will unseal the test kit, place it at least 20 inches off the ground. Be mindful to place the test kit in an area where pets or children will not disturb it. All windows and doors must remain closed (except for normal entry and exit) throughout the duration of the test. This will allow for the greatest concentration of radon to build up within your home.

Mail Test Kit in Timely Manner

Once the test kit is complete, reseal the test kit canister and mail it to the lab in a timely manner. A self-addressed envelope will be provided with the kit. f the test is not received by the lab within 7 days, the test results will be inconclusive.

Test kits are also available through the New York State Department of Health, some County Health Departments and local hardware stores.

Balduf explains that “If your home does have an elevated level of radon (4 picocuries per liter of air [pCi/L] or greater), you should contact a certified radon mitigator to install a radon reduction system in your home. These systems should only be installed by a certified radon mitigator. Radon reduction systems can be a low cost and effective way to reduce the level of radon in your home.”

Home Buyers -- Know Results of Radon Test

When purchasing a new house, make sure the seller completes a radon test kit and has the results available. If you are building a new home, make sure to have radon-resistant construction features installed and tested prior to moving in.

The Genesee County Health Department Radon Program offers short-term radon test kits for residences in Genesee County. The program also offers educational materials and in-services programs on the danger of radon prevalence, and mitigation options for new or existing homes which are all available at no charge.

This holiday season; share the gift of good health by encouraging your friends and family to test their homes for radon. The only way to know if there is radon in your home is by completing a simple test kit that may save your life.

For More Information

For more details about the program or to receive any of these services call the department at 585-344-2580, ext. 5555, or visit http://www.co.genesee.ny.us/departments/health/radon2.html.

For information about services that your local health department provides visit:

• Genesee County Health Department at: 344-2580, ext. 5555, or visit their website at www.co.genesee.ny.us/departments/health/index.html

Press release:

We are happy to announce that Ascension Parish in Batavia is hosting a Christmas Bazaar to be held from 10 a.m. to 3 p.m. on Saturday, Dec. 2, at 17 Sumner St. in the Community Hall.

This event will feature Mrs. Claus’s Café, Visits with St. Nicholas, Used Book Sale, Basket Raffle and Placek Sale.

In addition there will be children games including snowman bowling, jingle boxes, treasure chest and many more. There will be more than 25 vendors just in time for holiday shopping including Perfectly Posh, Tastefully Simple, Chiselwood, along with handmade items for sale. Each vendor will have a door prize to give away to a lucky winner.

Admission and parking are free.

Volunteers for Animals will benefit from your participation in Photos with Santa at PETCO in Batavia.

The nonprofit organization that helps homeless animals at the Genesee County Animal Shelter will get 100-percent of the proceeds from the event, which will be held from 1 to 4 p.m. on Saturday, Dec. 2 and 16.

PETCO is located in Town Plaza at Batavia on Veterans Memorial Drive.

This is a "fully digital experience" and your photo will be emailed to you and ready to share within minutes.

Cost is $9.95 -- a donation that will help local pets find homes this holiday season.

Join the Volunteers for Animals and Santa this Saturday or on Dec. 16 at PETCO and help our furry friends.

Press release:

City leaf collection crews are in their fifth time around the city this final week of leaf collection.

Any city resident who has leaves to be picked up is encouraged to get their leaves out to the parkway near the curb by Friday, Dec. 1.

Any resident who has leaves can also bring them to the yard waste station on Law Street through Dec. 9, after which the station will close for the season. It is open until then from 11 a.m. to 5 p.m. Monday through Saturday.

Important Information About Leaf Collection:

• Leaf piles must be clear of sticks and other debris;
• Grass clippings, flower pottings, branches, and pumpkins cannot be picked up and residents are encouraged to bring those items to the Yard Waste Station on Law Street;
• Leaves should not block traffic;
• Leaves should not be piled near intersection corners. This causes sight issues for motorists/bicyclists/pedestrians;
• Keep leaf piles clear of drainage ways and catch basins. Blocked drainage leads to localized flooding;
• Leaves should not be piled around mail boxes, power poles, fences, fire hydrants or other obstacles;
• Do not park on leaf piles. The heat from a vehicle exhaust system could start a fire;
• Do not wait to get your leaves out. The city will normally collect leaves twice within the month of leaf collection;
• If it is snowing, the city plows first. If it continues to snow, then leaf operations will be suspended;
• There is no leaf pickup in the spring.

A suspected drug dealer from Batavia was stopped by a deputy today on suspicion of driving on a suspended license and at the time of the stop he was allegedly smoking marijuana with a child in the car.

Marcos A. Torres, 35, of South Main Street, now not only faces drug dealing charges but also charges of unlawful possession of marijuana, endangering the welfare of a child, and aggravated unlicensed operation, 3rd.

When Torres was stopped by Deputy Ryan DeLong, he was already wanted on a sealed grand jury indictment on two counts of criminal sale of a controlled substance, 3rd, and two counts of criminal possession of a controlled substance, 3rd.

Torres is accused of selling crack cocaine to an agent of the Local Drug Task Force on two occasions in the past four months.

Torres was jailed without bail.

Timothy O. "Cricket"  Lee, 37, of Erie Street, Le Roy, is charged with criminal possession of a controlled substance, 3rd, criminal possession of marijuana, 4th, criminally using drug paraphernalia, 2nd, and endangering the welfare of a child. Lee was arrested as a result of a Local Drug Task Force investigation into the possession, transportation and sale of cocaine in and around the Village of Le Roy. The task force executed a search warrant on his residence and allegedly found cocaine, marijuana, drug paraphernalia and cash. He was jailed on $15,000 bail, $30,000 bond.

Andrew Kevin Wright, 27, of Prune Street, Batavia, is charged with attempted assault, 3rd, six counts of endangering the welfare of a child, criminal obstruction of breathing, and obstructing governmental administration. Wright allegedly struck a female and choked a juvenile male in the presence of five other juveniles during an altercation reported at 11:03 p.m. Sunday on Prune Street, Batavia. Wright was jailed on $2,500 bail or $5,000 bond.

Michelle L. Misiak, 52, of Fisher Parkway, Batavia, was arrested on a warrant for alleged failure to appear on a petit larceny charge.

A 16-year-old resident of Oak Street is charged with endangering the welfare of a child and harassment, 2nd. The youth was arrested after Batavia PD responded at 8:10 p.m. Tuesday to a report of a large group of people fighting on Highland Park, Batavia.

Elizabeth Ann Finnin, 48, of South Swan Street, Batavia, is charged with harassment, 2nd. Finnin allegedly punched another woman in the face. Also charged, Michelle Misiak, 52, of Fisher Parkway. Misiak is accused of fighting with another woman. The incident was reported at 3 p.m. Tuesday.

Katelyn C. Kubala, 28, of Meadow Lane, Attica, was arrested on a warrant for alleged failure to pay a fine.

Stephen P. Durham, 20, of Chestnut Street, Batavia, is charged with unlawful possession of marijuana. Durham was charged following a traffic stop at 8:55 p.m. Monday on Cone Street, Batavia, by Officer Christopher Lindsay.

A 46-year-old Bergen man has been charged with driving while ability impaired by drugs after the truck he was driving yesterday was struck by a train near Buffalo Street Road.

Donald R. Read reportedly fell asleep while behind the wheel of his 2000 Ford F250.

The truck traveled off the north shoulder of the road, down an embankment, and across the south side and north side tracks of the CSX line.

It came to rest near the north-side tracks.

An eastbound train on the north side tracks struck the rear of the pickup truck. The accident was reported at 6:50 p.m.

Both Read and his passenger, Frank L. Morrison, had gotten out of the truck before it was struck.

Even so, Morrison suffered minor injuries and was transported by the Bergen Volunteer Ambulance to Unity Hospital in Rochester.

Read was also charged with moving from lane unsafely, unlawful possession of marijuana, and trespassing. Other charges are pending.

The accident was investigated by Sgt. Jason Saile, Deputy Rachel Diehl, Deputy James Stack, and Deputy Eric Meyer. Assisting at the scene were members of the Bergen Volunteer Fire Department and personnel from CSX.

(Initial Report)