Stories from

For the second time in his career, on Tuesday, Notre Dame's Ryan Fitzpatrick tossed a no-hitter, striking out nine over five innings.

The Fighting Irish beat Attica 10-0.

It was the fourth straight shutout for Notre Dame, and the Irish pitchers are working on a string of 25 consecutive scoreless innings.  The staff has surrendered only one run over 35 innings, and that one run was unearned.

Jordan Welker had two RBIs, a double and also scored three runs. Chase Cummings had two RBIs on a single. Hayden Groff was 2-2 with a single and a double, and 3 runs scored.  Jimmy Fanara was 2-3 with a double and a triple.  

Top photo: Submitted. Photos below by Pete Welker.

Ask the people -- police officers -- who deal every day with crime victims, and those accused of committing the crimes, and New York's landmark 2019 bail reform law just isn't working.

It isn't working for victims, because they either get re-victimized, or there are new people victimized because accused criminals are free sooner to commit new crimes, or victims simply decline to press charges because they know the accused person will just be issued an appearance ticket.

And it has also failed the people it was supposedly designed to help: criminal defendants.

Those accused of a crime are now more frequently set free to commit new crimes and dig themselves into a deeper hole, or they don't appear before a judge or go to jail where they are afforded the opportunity they need to enter substance abuse programs.

"The joke is (among officers), it's like fishing. It's 'catch and release,'" said Batavia PD Det. James Defreze.

Chief Shawn Heubusch added, "It is catch and release, and they understand, the officers understand, what the laws are, and we're here to enforce the laws. But the laws are not helping our citizens. At least this particular law is not helping our citizens. It's not helping the community at large."

The Batavian spoke with Heubusch, Defreze, and Sgt. Christopher "CJ" Lindsay this week about the impact of bail reform on the department and the community after a series of press releases from Batavia PD about individuals who have been arrested multiple times on warrants for failure to appear for various minor offenses.

In press releases about arrests, Batavia PD has recently been highlighting criminal defendants who get are repeatedly arrested on failure-to-appear warrants three, four, or five times.  Unfortunately, there isn't clear data that judges are issuing, in the aggregate, more warrants, because, by policy, the department no longer seeks warrants on unpaid parking tickets, and with the legalization of cannabis possession, there are fewer marijuana-related arrests. That means there is no way to make a meaningful comparison from one year to the next of the total number of warrants.

The Why of Bail Reform
The path to bail reform in New York perhaps began in 2015 with the death of Kalief Browder. Browder had been held in Rikers Island on cash bail of $3,000 after being accused of stealing a backpack.  Browder said he was subjected to mental and physical abuse. His charges were dropped after three years of pre-trial condiment for lack of evidence. Upon his release, he committed suicide.

Advocates for bail reform said confining poor people, who can rarely make bail, on charges without conviction was a violation, at least in spirit, of due process. Advocates pointed to statistics that poor blacks, especially in the state's cities, were more likely to be held on bail, than white defendants. 

In 2018, in his State of the State speech, Gov. Andrew Cuomo picked up the cause of bail reform.  

"Let's be painfully honest: The truth is that our Lady Justice is still not colorblind, and her scales are still not balanced," Cuomo said. "Our bail system is biased against the poor. Too many jails are cruel and inhumane, and our court system is too slow."

Bail reform was approved by the State Legislature in 2019 and was meant to reduce incarceration by limiting the need for defendants to come up with money to pay for their liberty. The new law mandated pretrial release for the majority of nonviolent charges and required that judges consider a person’s ability to come up with the cash to pay bail or security to post bond.

On low-level, non-violent charges, officers must issue appearance tickets rather than hold the suspect for arraignment (where, in most cases, they would have been released under the old system). When suspects are arraigned, judges must release defendants without requiring bail and with no conditions on their release ("on their own recognizance").  In certain conditions, they can put conditions on their release ("released under supervision").   If bail can be set, the bail amount must be the lowest amount possible that is affordable for the defendant.  That's why you sometimes see bail set at $1.

There are multiple exceptions and conditions that police officers and judges must follow.  That is one of the complaints lodged by Heubusch.  The bail system is arcane and confusing.  

As an example, Heubusch cited a recent case where a suspect was arrested for burglarizing a restaurant.  The suspect was released following his arrest.  The next day, he burglarized another restaurant.  The judge misunderstood the standards of the bail reform law in this particular circumstance and released the suspect again.  He was arrested 20 minutes later after burglarizing another restaurant.

"So we now have one individual that has three burglary charges -- felony burglary charges," Heubusch said. "Again, he could have been held on that second arraignment, but there was a misunderstanding between the judges as to what they can actually do when it comes to that type of thing."

To help us understand how complex the new bail rules are, Heubusch pointed us to this web page on bail reform for the state's public defenders. It contains this matrix of qualifying (for bail) and non-qualifying (no bail) options. It also contains this flow chart that helps guide anybody in the justice system on when to require bail or when to release a defendant. 

Bail reform makes law enforcement harder
Being a police officer is inherently a risky job, and police officers accept that risk, Heubusch said.  It's also a tough job where officers are expected to deal sometimes with uncooperative or even hostile criminal suspects.  But that aspect of the job has been made worse, by bail reform, Heubusch said.

He said when people understand they're going to get an appearance ticket, they're more likely to flee or or fight with an officer because resisting arrest won't elevate the seriousness of their criminal activity.

"We've seen people run from us, fight with us, and attack us more than they did before, in my opinion, because they know, it's not taken as seriously or, you know, 'haha, I can get away with it. I'm gonna get a slap on the wrist from the judge. See you next week or see you tomorrow,' that type of thing," Heubusch said. "It just seems that the attitude, to resist arrest, to fight with the cops, has increased."

Bail reform has also made it hard to get drug dealers off the street, Defreze said.  

First, the Class B felony of criminal sale of a controlled substance in the third degree is a non-qualifying offense, meaning a judge can't automatically set bail.  Defreze said he's seen dealers back on the street selling narcotics within five hours of their arrest.  

"Pre-Bail Reform, we were pretty effective and successful in removing drug dealers from our community," Defreze said. "We would find people, we would arrest them for possession with intent to sell or for criminal sale, both (Class) B felonies. When we got the indictment warrants, those people would go to jail. Now the majority of these people are getting charged with two to four Class B felonies, and they go see a judge, and they're released. Then people were calling, saying these people are selling drugs in my neighborhood."

That arrest was made after months of work that involved finding and working with a confidential informant, gathering evidence, reviewing the evidence with the district attorney, and presenting the evidence to a judge to get a warrant either for a search or an arrest.

When a recently released dealer just hits the street again, he can't just be arrested on the spot. The whole process must start again.

But now it's harder to find confidential informants.

"Bail Reform, in and of itself, made getting a CI inherently harder," Defreze said. "People used to be, there was some kind of fear that they were going to go to jail for minor offenses. You'd catch someone for stealing from Tops, and they wouldn't want to go to jail for that. They would cooperate to have that charge go away. I mean, CIs for minor offenses are a thing of the past."

Victims
Bail reform hasn't been good for crime victims, the officers said.

"What's been missed during this whole thing, just from my perspective, is we've completely forgotten about the victims," Heubusch said. "We've created a system that cares about the defendants, and we care about the defendants as well, we certainly want don't want to hold somebody for years upon years upon years on petty crimes because that doesn't make any sense. But the victims are now being re-victimized over and over again by the same offenders. So I think that's, that's the biggest frustration that you see from law enforcement because we are out there trying to make sure that our communities are safe."

In March, deputies arrested two men in Elba on property crimes. Under terms of Bail Reform, the deputies had no choice but to release the suspects on appearance tickets. The two men were processed at the Genesee County Jail and released. Upon their release, they allegedly stole a car, leading to a police pursuit across multiple jurisdictions.

Bail reform has made orders of protection less effective, the officers said.

Domestic abuse always involves a human victim, so that means the arresting officer can haul the suspect in front of a judge for an arraignment. That gives a judge a chance to issue an order of protection, but unless the crime is a qualifying violent felony, the judge has -- at least until now -- limited power to set bail.

"I can think of a domestic situation where somebody was arrested for harassment, and they were arraigned in front of the judge, got an order of protection, but they had to be released, and they went right back to the house and violated the order protection," Heubusch said.

Bail reform has also led crime victims to ask officers not to arrest offenders, Lindsay said.

"Obviously, we understand the defendants have rights but like (Heubusch) said, we kind of forget about the victims," Lindsay said. "I've had numerous times where we have a case where the victim wants to have someone arrested, so they'll ask us, 'are they going to be held in jail,' and we tell them, 'no, we can't hold them, so they say 'well, I don't want him arrested then because I don't want to deal with whatever fallout.'"

Lindsay said victims are also frustrated.

"We're probably dealing with more angry victims," Lindsay said.

The law is confusing
Heubusch came to the interview with The Batavian carrying a sheaf of paper. He had printed out the matrix, flow charts, and rules officers, attorneys, and judges must know in order to ensure nobody is jailed in violation of the law.

It's a lot to know and a lot to keep up with, and even sometimes judges get it wrong, he said.

"We had a situation where an individual burglarized a restaurant," Heubusch said. "He was arraigned, released and burglarized another business that weekend. He was arraigned, and the judge misunderstood that it was a new charge and released him. He burglarized another restaurant after he left. So we now have one individual that has three burglary charges -- felony burglary charges. And, again, could have been held on that second arraignment, but there's a misunderstanding between the judges as to what they can actually do when it comes to that type of thing."

Defendants harmed by Bail Reform
When defendants are released on appearance tickets, no judge gets an opportunity to recommend a substance abuse or mental health program. When a criminal defendant is free to re-offend, they sometimes do.

"If you look at it, from the defendants' standpoint, this person now has the opportunity to rack up multiple criminal charges to make that sentence, maybe harsher on them," Heubusch said.

He said his officers have seen defense attorneys ask judges to set bail in cases for the sake of their defendants.

"The only way they know their guy is gonna get help is by sitting in jail because the jail will provide that assistance to them, whether they want it or not," Heubusch said. "It'll at least be in front of them. If they get to walk away from that arraignment without being held, the chances of them going out and reoffending are very good. The chances of them going on or overdosing and dying are even higher."

We asked Heubusch in a follow-up email if he had any data on the number of times defendants have been released from custody only to OD, and Heubusch said, "I am not able to put together stats as quickly as I would like to, but we do have cases where individuals that we know to have substance abuse issues have committed crimes and while out pre-trial they have overdosed and died. If judges had the ability to incarcerate these individuals for, what the lawmakers are calling petty crimes, they would be offered assistance and/or mandated assistance pre-trial. This could keep some alive."

Ideas to reform the reform
The police chiefs in New York, Heubusch said, have their own ideas about how to fix bail reform.

First, end cash bail.  That is, in fact, right in line with what downstate reformers want.  Defendants should either be held pre-trail, with no bail, or released.  That would end the perceived unfairness of people with a bit of money being able to get released while poor defendants must stay locked up, unable to get to jobs or care for families.

"The amount of money sitting in your bank account should not determine if you're a free person or not," Heubusch said.

And allow judges to determine whether a person is a danger to himself, another person, or the community.

"We're the only state in the United States that doesn't have a dangerous statute in our law," Heubusch said. "Bail is set specifically upon reappearance for court. We're the only one that doesn't include dangerousness. I don't know why New York wants to lead the way in that, quite honestly, because the communities are suffering because of it. So eliminate cash bail altogether. There's no reason to have a $1 value on it. You're either held to your release, or you're released upon certain restrictions and then that can be reviewed at your next appearance."

Some reformers consider "dangerousness" too subjective of a standard. Heubusch countered that trying to determine if somebody is a flight risk is a judgment call.

Reformers are concerned that allowing judges discretion raises the specter of bias, and studies show the criminal justice system has a history of being biased against people of color.  Heubusch said race should absolutely not be a factor in who is held and who is released but blanket policies by lawmakers who don't live in the communities dealing with crime are not the solution to racism.

"If judges are using race to incarcerate people, then they should be held accountable," Heubusch said. "We should not be changing the system so that more people can be victimized. We are allowing people who commit crimes to remain free due to decisions by lawmakers who are not dealing with these individuals in our communities."

The officers know the current bail scheme is not helping local communities, they said, because they see it every day.

"You really have to explain to the folks that are there complaining about what's going on in their neighborhood, that we can only go so far," Heubusch said. "The reason this person is not locked up is not because of me. It's not because of the judge. It's because of the state laws that say they can't be locked up. It's because of the state laws that say they can't be evicted from that apartment. It's because of the state law. You know, it's very difficult to explain that to somebody who really just wants to see their neighborhood get better."

Photo by Howard Owens. Chief Shawn Heubusch, Det. James Defreze, and Sgt. Christopher Lindsay

Police officers are often in a position to first pick up on the signs of domestic abuse, and they sometimes deal with people in the most difficult times of their lives. 

So after a talk at Genesee Community College by author Janine Latus, who suffered a string of domestic abuse traumas in her life, The Batavian spoke to local law enforcement officers about the role of cops in breaking the cycle of abuse.

It takes empathy, awareness, and the knowledge of resources available in the community for police officers to play a role in stopping domestic violence, said Shawn Heubusch, chief of the Batavia Police Department, and Brian Frieday, chief deputy for road patrol at the Genesee County Sheriff's Office.

Heubusch said officers need to bring empathy to every call they answer.

"You have to remember that it could be somebody's worst day," Heubusch said. "Whether it's the second time you've seen them or the very first time that you've seen them, just be understanding of what people are going through. Not everybody deals with things the same way that we do."

Frieday said that one pitfall of the job in dealing with so much trauma is that an officer can become dissociated from the feelings of a crime victim, whether it's a domestic situation or a petit larceny or an accident. 

"It's called an accident, but it's really a crash, and that might be the biggest thing in the world to that person on that particular day," Frieday said. "And it might last longer, so we try relaying to younger officers that (this incident)  could have lasting effects. It might be the only thing in their life that happened or it might be a lot deeper than what we perceive."

Heubusch and Frieday were at GCC for a Crime Victims' Rights Week seminar, where Latus was the keynote speaker.  Latus wrote If I'm Missing or Dead: A Sister's Story of Love, Murder and Liberation, which is as much about her murder of the author's sister by a boyfriend as it is about her own life.  Latus was the victim of multiple abusive men. 

Focus on victims
The first takeaway Heubusch and Frieday had after the talk was always to keep the victim in mind, which brought to mind immediately the struggles police officers are facing because of bail reform.

"The victims are underrepresented at this point," Heubusch said.

Frieday agreed.

"The focus should be on the victims," Frieday said. "They're the ones who are suffering the consequences, suffering the losses, based on whatever crime or action the defendant or suspect did to them, whether it's financial or physical. The focus has gotten turned around to the wrong side."

Under the current bail laws, if there is a human victim of a crime, an officer can bring the suspect in front of a judge for arraignment, and a judge can issue an order of protection, but except for a very few circumstances, the judge cannot order the defendant held in jail.

"We've had instances where we've seen that person leave court, walk to the house, violate the order of protection, sometimes, through an assault," Heubusch said.

Signs of abuse
Latus talked about noticing the subtle signs of abuse.  She used the example of a talk she gave where a young man asked a question, and she answered it. After the talk, the young man came up to her and told her why he was wearing long sleeves.  When his girlfriend fought with him, she would drag her fingernails down his arms and cut him.  Sometimes he wore hoodies to hide the wounds.  It's little things like that, Latus said, people should watch for in friends and family members that might alert them to possible abuse.

Police officers aren't social workers, but they often come into family situations that could alert them, if not explicitly, perhaps implicitly, to abuse.  That's why it's important for police officers to know about the resources available in the community to assist both victims and perpetrators, Heubusch and Frieday said.

In attendance on Monday were staff members from Genesee Justice, the Child Advocacy Center, as well as professionals who work with sexual assault victims, domestic violence victims, and substance abuse counselors.

"There are avenues that are available in the community that we have access to at least get them to, or at least try to, like one of the early presenters said, the worst they can do is just say no, but we're trying to lead them down paths that could get them to help," Frieday said.

In the schools
Heubusch said one of the early warning systems now available are School Resource Officers. They are in a position to spot problems before crimes are reported.

"Sometimes they're seeing things, or the school is seeing things that we're not necessarily seeing or hasn't risen to the level of an enforcement action or police officers being called to a home, but they're seeing the kids come into the schools day after day with a multitude of issues," Heubusch said. "Again, (they can use those resources) as a clearinghouse to get them to the resources that Chief Deputy Frieday mentioned. There are just so many available to them, and we just have to get them there."

Frieday also said SROs now play an important role in identifying potential domestic abuse.

"They see the kids on a day-to-day basis," Frieday said. "They see trends in their behavior, or, you know, differences in absences, truancy, and everything like that, that they can have those talks. A lot of times, it's in conjunction with the school, but they can get out ahead of that sometimes and tell them, 'Hey, you're on a bad path. I've seen this. What can we do to help?'"

Domestic abuse is known to elevate over time, or certainly not end without intervention but officers also must be careful about how they approach a topic that can be sensitive for victims.

"When it comes to victim blaming, we have to be very careful when we try to tell a domestic violence victim that potentially you're going down a bad path and you are going to be hurt if you don't do X, Y or Z," Heubusch said. "We have to be careful because we're not a judge, judging that person. We don't want to feel that person to feel judged. But we want to relay to them that there are services that can help them. We absolutely have a role to play in that, especially when it comes to the suspects, identifying what they're doing, holding them accountable, or doing our best to hold them accountable, and advising them that this is not going to make your life easier."

A history of abuse
For Latus, her bad path started when she was young, working as a babysitter, when she was abused by a part-time teacher.  Then while working in a hospital, she got involved with a medical student, a wealthy young man.

She learned one Thanksgiving that his father was abusive and told herself, she needed to be there for him, then, on a ski vacation, she said the wrong thing, and her boyfriend punched her in the face, in the ribs, and kicked her while she was on the ground. Then blamed her for making him do it.

Her sister was her moral support, but Latus didn't want to cost her boyfriend his medical career, so at her sister's suggestion, she contacted another doctor she knew. He came to her house and nursed her broken nose and broken ribs.  He was caring and attentive.  They fell in love. He was married and eventually left his wife for her.

Her husband was controlling and jealous, and threatening.  She told stories of the creepy things he did and how she blamed herself.  Eventually, her sister helped her leave him.

Her sister found a man. A cowboy.  She worked. He didn't.  It turns out he had a criminal record.  The sister bought him everything he needed to become a painting contractor.  She always portrayed her relationship with her man as happy and loving. 

Then she disappeared.

Eventually, authorities found a note taped under her desk, written 10 weeks before she disappeared, that began, "If I'm ever missing or dead," and pointed law enforcement to her abuser, her boyfriend.  Her body was found at a construction site wrapped in a painter's tarp, and her boyfriend served 20 years in prison for her murder.

Latus said she wrote the book to encourage people who are abused or know about abuse to speak up.

Avoiding abuse
"If I didn't pretend everything was perfect, my sister would not have had to pretend everything was perfect," Latus said. "I wrote this book to save other angels."

She shared some things abusers do:

• They use coercion to obtain sex.
• They use financial resources to exercise control.
• They use social media to isolate victims (such as sending messages to friends using their partner's account to say things like, "I hate you.").
• They use mobile devices to track partners.
• They use technology to make the other person feel stupid and unworthy.

"None of those things raise a bruise," she said.

During the Q&A at the end, she was asked if the man who first abused her was ever arrested. She said authorities learned he had multiple victims around the time she was abused, but because he never penetrated, by the time the crimes were uncovered, the statute of limitations had run out.  She asked a former classmate as a result of that investigation, if there were any other "creepers" in town.  The former classmate said, "Yes, your father."

Research has shown that people tend to pick partners who are like former partners.  Asked how people can break the cycle of abusive partners that Latus seemed to grow through, she said if you leave an abusive relationship, don't get involved in a new relationship right away.

"I absolutely recommend what I call a dating sabbatical," Latus said. "Take time off. Don't go to the next person to save you from this. Stay by yourself. Go to dinner by yourself. Make friends, go to movies, discover that you're great all by yourself, that you're comfortable and happy. Embrace the view that you are the best company you've ever had. And then the person you're going to be attracted to and appreciate and attract to you is probably going to be healthy, happy and whole, too. If you're insecure, you are going to attract an insecure person who is going to exploit you. If you are solid in yourself, then the person you're going to choose is far more likely to be healthy."

Photos by Howard Owens.

Not many legends play concerts in Batavia, but this Thursday, Batavia Downs will host Jimmy Sturr -- winner of 18 Grammy Awards, leader of a polka band since age 11, and musical artist who has recorded 152 records.

His first recording in 1964, in the midst of Beatlemania, was a 45 -- the A-side was a song Sturr wrote, "Hepsa Polka" -- and he's been touring and recording since, building a reputation as the King of Polka.

"I fell in love with it (Polka) at an early age," Sturr said during an interview with The Batavian. 

That won't be hard to understand once you know a bit about where he grew up.

Sturr was born in 1941 and raised in Florida, NY, and even with international success, he's never left Florida, NY.

He's perhaps as proud of his hometown as he is of Polka.

"It's funny, but Florida, New York is known as -- now don't get upset when I tell you this because I know you think your part of the state is the Onion capital of the country -- well, Florida, New York is supposedly the onion capital of the country. We grow, I guess they say, approximately 30 percent of the nation's onions."

Sturr is Irish, but Florida, NY, was 85 percent Polish when he was growing up.

"A lot of the people came over from Poland and Germany working in the black dirt, and they brought all their traditions with them, one of which was their music," Sturr said. "That's how I fell in love with the music. My high school dances all had Polka bands. The local radio station had a Polka show every day. And of course, we had those three-day Polish weddings. So you know, I just fell in love with Polka."

If you were coming of age as a musician in the 1940s and 1950s, it wasn't a bad time to fall in love with Polka.  Some of the genre's most influential musicians -- such as Frankie Yankovic, Walt Solek, Larry Chesky, and Myron Floren -- were cutting popular albums. Myron Floren became a regular on the "Lawrence Welk Show," playing a Polka segment that a young Jimmy Sturr never missed.

He quickly became a proficient musician and, by 1952, was leading his own band. In one interview, Sturr said his band was the third call band because he was so young.  If the more established bands in town were booked, Sturr got the call, which still led to plenty of performance experience and helped launch his career.

Sturr said he was also influenced by the Big Bands of the East Coast that occasionally passed through his hometown. 

"For some reason, most of the bands that came here were from New England, from Massachusetts, and some were from New Jersey and New York," Sturr said. "That's the kind of music I grew up on with bands that came from that area. I sort of molded my band in that direction. That's why we have such a big band."

And it's a good band.  There are dozens of live recordings of the Jimmy Sturr Orchestra on YouTube that demonstrate how well the band plays together, their dynamic performances, and individual musicianship.

Sturr, from early in his career, wanted to be an ambassador for Polka.

He realizes there is a bit of a stigma attached to Polka.  That it's grandma and grandpa's music, but he's seen for himself how young people can enjoy the music -- which is really party music -- as much as anybody.

"You know, once we can get them to hear the music -- just like last week in Buffalo (for a Dyngus Day celebration) -- there were a lot of people who weren't Polka fans, but they were there for the party," Sturr said. "Once they heard it, they were hooked. I had them hooked. They stayed the whole night."

Spreading the love for Polka is one reason Sturr has recorded with so many other artists who aren't usually associated with Polka, such as Arlo Guthrie, Mel Tillis, Bela Fleck, Brenda Lee, Charlie Daniels, Bobby Vinton, Porter Wagner, Ray Price, the Oak Ridge Boys, Bill Anderson, and Allison Krauss.

Willie Nelson has appeared on five Sturr LPs.

"I read a book one time on Willie Nelson, and that's how this whole thing sort of started," Sturr said. "I read that Willie Nelson started in a Polka band back in his home state of Texas. So I thought, 'Well if I ever get the opportunity to meet Willie, I'm going to ask him if he would record with me.' Well, sure enough, not long after that, I had the opportunity to perform with Willie on the same show. After the show, I snuck around and said, 'Willie, would you be interested in recording some polkas with our band?' And he said, 'I'd love to do that. And we did. That was back in around 1998."

By then, Sturr was already a big star, thanks to the Grammy Awards. 

The Recording Academy didn't get around to declaring Polka a genre worthy of its own award until 1986, when Frankie Yankovic won that first award.  The next year, Sturr won the first of his Grammys, starting a string of six consecutive Grammys for best Polka album.  He would win 12 more before the category was eliminated in 2009.  Since 2011, Polka artists have been eligible for awards in the Regional Roots Music category, but so far, no Polka act has won that award.

"If we had not won 18 Grammys, I think we would be just another, quote, polka band," Sturr said. "But the Grammys meant so much. You get to meet a lot of people, people like Willie Nelson. I mean, from that, we got to play Farm Aid. I'm sure we wouldn't be doing that If we hadn't won those Grammys."

In his effort to appeal to younger music fans, Sturr has always welcomed a variety of musicians into his band.  His current guitarist is Chris Caffery, lead guitarist for the Trans-Siberian Orchestra.

"That's one reason I like to tour with Chris Caffery," Sturr said, explaining his desire to reach young fans. "He comes out with the long hair, and he does rock guitar with the horns, and it sounds quite good. It's a good mix. And, of course, the young kids all of a sudden, they're right into it. And the next song I play would probably be a Polka. And those kids are still getting into it. They'll get into the polka." 

Sturr's performance at Batavia Downs on Thursday is part of WBBZ's Polka Buzz broadcast from Batavia Downs.

Tickets are $20 and can be purchased on the Batavia Downs official tickets website, BataviaConcerts.com.   Tickets can also be purchased at the Lucky Treasures Gift Shop. Tickets can be redeemed for $20 in Free Play on the day of the show.

For the first time in its nearly 15-year history, The Batavian has three full-time employees.

Kara Richenberg, a lifelong resident of Genesee County, is joining the staff today as a publication assistant.

Richenberg's duties will include posting press releases, managing our community calendar, and administering Deal of the Day, as well as other customer support.

"We're excited to add Kara to our team," said Publisher Howard Owens. "She has been an active part of our community throughout her life, knows the community well, and will fit well with the team we already have in place."

Already on that team are Lisa Ace, creative manager, who joined The Batavian nearly 12 years ago, and News Editor Joanne Beck, who has been in that role for about a year.

In her previous jobs, Richenberg has worked for Tops Markets, the Tonawanda Valley Federal Credit Union, and Toyota of Batavia.  She is a graduate of Pembroke High School and earned an associate's degree from Genesee Community College.

Mike and Kara Richenberg married in 2016 and welcomed their first child, a daughter, in 2020.  Her new job will allow her to work from home and care for her daughter.  The couple is currently working with the building trades team at BOCES to build a home for themselves in Corfu.

Both Mike and Kara are avid runners (Mike won the first six consecutive Arc Friends and Family 5Ks), and Kara is currently the coach of the modified tennis team at Pembroke HS.

The Batavian will market its 15th Anniversary on May 1 with the launch of an upgraded website as well as a new program that will enable readers to help us produce more community news.

Today was another successful Drug Take-Back Day, said Batavia PD officers this afternoon at the drop-off spot on Alva Place in Batavia.

Four boxes were filled with unwanted prescription drugs so they can be safely destroyed.  Det. Jason Ivison said Le Roy PD officers also dropped off several full boxes for disposal.

Batavia PD, the Sheriff's Office on Park Road, and the State Police on West Saile Drive, all operate drug drop-off boxes in their lobbies throughout the year.

Photo by Howard Owens. Officer Connor Borchert, Det. Jason Ivison, and Officer Peter Post.

Brayden Smith tossed a five-inning no-hitter and was 3-3 at the plate with three RBIs and four runs scored as part of a dominating win by Oakfield-Alabama over Holley on Friday.

The Hornets banged out 19 hits and won 28-0 to move to 7-0 on the season while Holley falls to 0-4.

Aiden Warner was 2-3 with four RBIs and five runs scored. David Schufer was 2-3 with three RBIs. Colton Yasses, 2-4, three runs scored, and Brenden Wescott 2-4.

Thirteen players collected hits for O-A.

Smith K'd 13.  Only one hitter reached base on an error.

Submitted photo.

It's been less than four weeks since a fire in the firing range at The Firing Pin on Buffalo Road in Bergen nearly shut the business down.

But it isn't shut down.

A sign of that was owner Brandon Lewis and his staff hosting an After Hours event for the Chamber of Commerce -- an event that had been scheduled before the fire.

Lewis saw no reason to cancel it.

His 7,500 square-foot retail space and indoor firing range are gutted, but he rented a mobile firing range and converted a 500 square-foot storage area and studio into a new retail space, so the Firing Pin Remains open to take care of its customers, conduct classes, and keep everything going while he works out recovery details with his insurance carrier.

"It's been an adjustment, but we're making the most of it," Lewis said. "Obviously, if it were up to me, we'd already be half rebuilt already. But, you know, we're working within the limitations that we've got. I couldn't be more thankful for my team. You know, I couldn't imagine where we'd be without their efforts."

Previously: Three days after devastating fire, owner of The Firing Pin looking ahead

Photos by Howard Owens: Top photo, Brandon Lewis and his daughter Emmie.

Kelly Bermingham, membership director for the Chamber, with a cookie made for the chamber event featuring The Firing Pin logo.

John Huther, director for training at The Firing Pin, inside the mobile firing range.

Brodie Hyde and Colton Yasses combined to strike out 12 Trojans over six innings to help lead Oakfield-Alabama to a 13-3 win over Alexander (1-2) on Thursday.

The Hornets are now 6-0 to open the season.

David Schnaufer drove in three runs for O-A, going 2-4.  He had O-A's only multi-hit game. Brayden Smith was 1-3 with three RBIs. Hyde collected a hit and two walks, scoring all three times he reached base.  Aiden Warner also scored three runs, and Brenden Wescott scored twice.

Anthony Auricchio was 1-3 for Alexander, driving in two runs.

Photos by Kristin Smith. For more game photos, click here.

Submitted photo and information.

Notre Dame's Amelia McCulley made first-team All-Greater Rochester for the 2022-23 basketball season.

McCulley, a senior, will be attending Hobart/William Smith in the fall.

The only other player from the GLOW region to make the AGR first team is Kylie Buckley, from Livonia, who will be attending Niagara in the fall.

In her senior season at Notre Dame, McCulley led Section V Girls Basketball with 88 three-point shots, which is the second most all-time in the section.  She was fourth in points per game with 24.4 and fifth in steals with 104.

In her career at Notre Dame, McCulley scored 1,449 points, which is the second-highest total in school history in Girls Basketball.

Photo from the Ronald McDonald All-Star Game. Photo by Luke Photography.

 

A vehicle has gone off the road and into a field in the area of 6355 Cockram Road, Byron.

Unknown injuries.

Byron and South Byron fire departments dispatched.

UPDATE 10:22 p.m.: Law enforcement on scene reports a vehicle a couple of hundred yards off the roadway in the field.

UPDATE 10:29 p.m.: Mercy Medic 2 is put back in service.

UPDATE 10:54 p.m.: Byron and South Byron assignments are back in service.

Rosemary Waters

Rosemary R. Waters, 37, no permanent address, was arrested on April 7 on two warrants out of City Court. On Aug. 17, Waters was taken into custody at a hotel on Oak Street, Batavia, on an unrelated warrant and was allegedly found in possession of narcotics and a modified fully automatic 9mm pistol with a 40-round magazine.  Waters was released pending lab results.  A warrant for her arrest was issued after the investigation was complete. On July 30, Waters was reportedly the passenger in a vehicle during a traffic stop on Mix Place, Batavia.  Waters is accused of providing a false name. Narcotics and a modified short-barrel shotgun were allegedly recovered inside the vehicle. A warrant was issued for her arrest. Waters was arraigned in Centralized Arraignment Court and released.

Kyle Schroeder

Kyle J. Schroeder, 26, of Clinton Street Road, Batavia, was arrested on four bench warrants issued by City Court after his alleged failure to appear to answer to charges from four separate incidents. On April 23, 2022, Schroeder allegedly entered a residence on Liberty Street and stole a pack of cigarettes.  He was arrested on three days later and issued an appearance ticket. On April 29, Schroeder was arrested on a charge of DWI drugs and criminal possession of a controlled substance 7th.  He was arraigned in City Court and released. On August 25, 2022, patrol officers were dispatched to check the welfare of an individual "tweaking out" behind a business on East Main Street. Schroeder was arrested on warrants for alleged failure to appear on prior charges and was also charged with criminal possession of a controlled substance 7th. He was allegedly found in possession of narcotics and drug paraphernalia at the time of his arrest. He was arraigned in City Court and released. On Oct. 20, 2022, when Schroeder appeared in court on another matter, he was arrested and charged with criminal mischief. He is accused of kicking and damaging an electrical lock box on the exterior of a business on Jackson Street so he could charge his mobile phone. He was released under supervision. Schroeder was arraigned in Centralized Arraignment Court, and his release status is unknown.

Josia G. Culver, 18, of Tracy Avenue, Batavia, is charged with burglary 3rd, criminal mischief 3rd, and petit larceny. Culver is accused of making a forced entry into a business in the mall, causing damage, and stealing money. He was arraigned in City Court and released under supervision. 

Shawnna L. Lamont, 33, of Page Road, Perry, was taken into custody on an arrest warrant. Lamont is accused of failure to appear on a prior charge of criminal possession of a controlled substance 5th. She was initially charged Feb. 19 following a traffic stop on East Main Street, Batavia. Lamont was arraigned in City Court and ordered to appear on May 10. 

Breanna E. Brummond, 32, of Limekiln Road, Lyons, was arrested on two bench warrants issued our of City Court. Brummond is accused of failure to appear on appearance tickets issued in connection with prior arrests. Brummond was arrested on Feb. 3 along with Brittany L. Hollaert, 26, of St. Paul Street, Rochester, after the two women were the subject of a pursuit in a U-Haul van following a reported larceny at a local store. The suspects entered a residence on Burke Drive and allegedly tried to steal the homeowner's car.  Brummond was held in jail pending arraignment in Centralized Arraignment Court.  Her current release status is unknown. Previously: Unexpected visit ends in manhunt, K-9, and arrest in city neighborhood 

Adam Edward Roberts, 31, of Cheektowaga, is charged with DWI, driving with a BAC of .08 or greater, and unsafe tires. Roberts was stopped at 4:02 a.m. on March 29 on West Main Street Road, Batavia, by Deputy Carolos Ortiz Speed. Roberts was issued an appearance ticket.

Christopher Scott Usselman, 31, no residence provided, is charged with criminal mischief 3rd and obstructing governmental administration 2nd.  Usselman is accused of damaging property inside the Genesee County Jail at 12:30 p.m. on April 18. He was issued an appearance ticket.

Kelly Anne Rodriguez, 50, of Clinton Street Road, Batavia, is charged with criminal contempt 2nd. Rodriguez is accused of violating an order of protection at 8:45 a.m. on April 12 at a location on Clinton Street Road, Batavia. Rodriguez was issued an appearance ticket.

All schools in Genesee County are on lockout (not lockdown), according to one district superintendent.

The Batavian has received multiple calls and messages asking for more information.

We are attempting to get more information.

Batavia Chief Shawn Heubusch said he is working on providing more information but doesn't have anything to release at the moment.

The lockout seems to have begun about 1:45 p.m., according to a source, who also said GCC is on lockout as well.

UPDATE 2:27 p.m.: Heubusch said the lockout is over.  It was determined there was no credible threat.

GO ART! hosted a steel drum band concert in the City Centre concourse on Saturday.

The featured bands were: 

• Ithaca College, “I C Steel” 
• Steel Alchemy Community Steelband from Geneseo
• Rochester Institute of Technology’s “Tiger Steel” 
• Lancaster High School, “Carnival Kids Steel Orchestra”  

Photos by Howard Owens

Notre Dame snagged a come-from-behind victory with a six-run seventh inning to beat Lyndonville on Monday in Girls Softball, 9-8.

Loretta Sorochty, Kaydence Stehlar, Mia Treleaven, and Emma Sisson all had multiple hits in the game.  Starting pitcher Mia Treleaven struck out seven batters, and Loretta Sorochty struck out 3 in relief.  

Photos by Pete Welker.

Deputies Andrew Mullen, with partner K-9 Frankie, and Deputy James Stack, with partner K-9 Rayzor, visited the Elba Volunteer Fire Department Chicken BBQ on Sunday to provide a demonstration of how K-9s work with officers.

The Elba Boy Scouts were also on hand to help with the BBQ at the Elba Fire Rec Hall on Route 98.

The fundraiser was sold out.

Submitted photos and information.

Tylee Gaines

Tylee D. "Love" Gaines, 44, of Summerville Drive, Rochester, is charged with two counts of criminal sale of a controlled substance 3rd, three counts of criminal possession of a controlled substance 3rd, and one count of criminal possession of a controlled substance 7th.  Gaines was arrested on a warrant stemming from a sealed Grand Jury indictment. The charges were sought by members of the Local Drug Task Force following an investigation into the sale of crack cocaine in the City of Batavia. Gaines is accused of selling crack cocaine to agents of the task force while in the City of Batavia. He was allegedly found in possession of 14 bags of crack cocaine, leading to additional charges not contained in the original indictment. Gaines was arraigned in County Court and released under supervision.

Raymond Amaro

Raymond Amaro, 36, of East Main Street, Batavia, is charged with robbery 3rd, assault 2nd, grand larceny 4th, reckless endangerment 2nd, and leaving the scene of a personal injury accident. Amaro is accused of stealing car keys from a victim by force at a location on East Avenue and then striking that person with the vehicle while fleeing the scene on April 4 at an unspecified time. Amaro was arraigned in City Court and held on bail.

Andrew William Taylor, 35, of West Main Street, Batavia, is charged with arson 4th, reckless endangerment 2nd, and criminal mischief 4th.  Taylor was arrested by Deputy Jenna Ferrando. The Sheriff's Office released no information on the incident that led to the arrest of Taylor other than the incident was reported at 7:34 a.m., April 2, at a location on West Main Street, Batavia. Taylor was released on an appearance ticket.

Anthony Freeman Armstrong, Jr., 34, of Calmlake Circle, Rochester, is charged with possession of prison contraband.  Armstrong is accused of possessing contraband inside the Genesee County Jail at 10:35 p.m. on April 7. The Sheriff's Office did not release further information about the circumstances of Armstrong's arrest.  Armstrong was issued an appearance ticket.  Armstrong is also charged with criminal mischief 4th. Armstong is accused of ripping a hot/cold compress rendering it useless while inside the Genesee County Jail on April 12 and 8:30 a.m.

David Edward Brege, 36, of West Center Street, Ridgeway, is charged with promoting prison contraband 2nd and petit larceny. Brege is accused of stealing a $10 bill from another inmate at 4 p.m. on April 5 while in the temporary hold cell/booking area of the Genesee County Jail. He was allegedly found in possession of a $10 bill inside a secure holding area of the jail.  Brege was issued an appearance ticket.

Robert L. Drennen Sr., 41, of Holley Street, Brockport, is charged with grand larceny 4th. Drennen is accused of stealing a debit card on March 30 and withdrawing money from the victim's bank account without permission. Drennen was arraigned in City Court and released on his own recognizance.

Leonard E. Aguayo, 36, of Cross Street, Rochester, is charged with criminal trespass 2nd and resisting arrest.  Officer Sam Freeman reportedly tried to arrest Aguayo on a warrant on March 30. Aguayo allegedly resisted arrest. The warrant was the result of an investigation into a prior incident on South Main Street, Batavia. He was arraigned in City Court. Release status not reported.

Cody J. Nichols, 38, of North Street, Caledonia, is charged with petit larceny. Nichols is accused of stealing $300 in merchandise from a supermarket (the name of the market was not released). Nichols was issued an appearance ticket.

Samantha L. Tate, 30, of Federal Drive, Batavia, is charged with improper turn and DWI/drugs. Tate was stopped at an unspecified time on March 31 on Ellicott Avenue by Officer Sam Freeman. Tate was issued an appearance ticket.

Rickie L. Pitts, 56, of Prospect Avenue, Medina, is charged with DWI, aggravated unlicensed operation 1st, and no/inadequate headlamps. Pitts was stopped at an unspecified time on April 2 on Main Street at Jefferson Avenue by Officer Adam Tucker. His release status was not provided.

Joshua Edward Szumigala, 27, of Orchard Park Road, Oakfield, is charged with DWI, drinking alcohol or using cannabis in a motor vehicle, driving left of pavement markings, and moving from lane unsafely. Szumigala was stopped at 5:42 p.m. on April 1 on Batavia Oakfield Townline Road by Deputy Jacob Kipler. Szumigala was arraigned in Centralized Arraignment Court. His release status was not provided.

Rosemary Renee Waters, 37, no permanent address, is charged with petit larceny.  Waters is accused of stealing merchandise from an undisclosed store on Veterans Memorial Drive at 9:28 on April 7.

Justin Ryan Nadrowski, 31, of Pratt Road, Batavia, is charged with unlawful surveillance 2nd.  Pratt is accused of hiding a camera inside the bedroom of another person at a location on Pratt Road.  Nadrowski was jailed pending his arraignment.

Joshua M. Ruffin, 27, of Burrows Street, Rochester, is charged with criminal possession of a controlled substance 7th.  Ruffin was arrested by Deputy Trevor Sherwood.  The Sheriff's Office did not release details on the circumstances of his arrest. He was arrested on Main Street, Batavia, at 10:19 p.m. on March 19. He was arraigned in City Court and released. 

Ivette Amanda Dejesus, 21, of West Colvin Street, Syracuse, is charged with petit larceny. Dejesus is accused of stealing merchandise, along with two other women, from the Old Navy store in Batavia. Dejesus was processed at the Genesee County Jail and released on an appearance ticket.

Jennifer Sandra Lee, 39, of Therston Road, Rochester, is charged with criminal possession of a controlled substance 7th and promoting prison contraband 1st. Lee is accused of possessing a controlled substance and drug paraphernalia while inside the Genesee County Jail on April 11 at 4:54 p.m.  Lee was held pending arraignment.

Allison Ann Forsha, 31, of Nunda, is charged with two counts of petit larceny. Forsha is accused of shoplifting on April 11 from Dick's Sporting Goods and Target in Batavia. Forsha was issued an appearance ticket.

Chase P. Ackerson, 24, of Henrietta, is charged with DWI and driving with a BAC of .08 or greater. Ackerson was stopped by State Police at 9:29 p.m. on April 15 in the Town of Le Roy. He was issued an appearance ticket.

Palen Cordell, 19, of Le Roy, is charged with grand larceny 3rd. Cordell was arrested by State Police in connection with an incident reported at 11:15 a.m. on April 11 in the Town of Batavia. Cordell was also charged with criminal possession of stolen property 5th  for an incident reported at 6:10 p.m. on April 14 in the Village of Le Roy. The State Police did not release details on either incident. Cordell was released on his own recognizance. 

 

An unintended burn in a hedgerow on Read Road in Corfu.

Corfu Fire dispatched.

There is an open burn ban in place until May 14.

Oakfield-Alabama remains undefeated in baseball after beating Akron on Saturday, 10-7.

The 4-0 Hornets were led by Kyle Porter and Aiden Warner, who each went 3-4, scoring twice and driving in two runs apiece.

Colton Yasses was 2-4 with a run scored. Davi Schnaufer was 2-4 with a run scored and an RBI.  Shaun Alexander was 2-3 with a run scored and two RBI.

Brodie Hyde picked up the win, taking over in the first inning after Yasses faced only one batter, giving up a hit.  Hyde went six innings, giving up 10 hits and seven runs. Porter pitched an inning and struck out two while not letting a man reach base.

Photos by Kristin Smith.