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Press release:

Yesterday, President Trump recommended that Americans listen to the advice of a doctor, Stella Immanuel, who claims to have a cure for COVID-19: hydroxychloroquine," said Nate McMurray, Democratic congressional candidate for NY-27.

"The medical community at large, including Dr. Anthony Fauci, the FDA, and randomized experiments have all indicated that hydroxychloroquine is ineffective, and sometimes dangerous when used to treat COVID-19.

"But that has not stopped the President from promoting it. This supposed doctor has also advised against wearing masks and warned about some 'vaccine' that would make us less religious. Worse yet—she has a history of mixing complete conspiracy and mythology into her medical advice—talk of demons, witches, and aliens. Yet Trump still called her 'very impressive.' "

Chris Jacobs, after tightly tying himself to Trump, has remained silent on this and many other issues. Since the Special Election, Jacobs has remained mute on this and many other outrageous or offensive comments by the President, hiding behind a team of spokespeople.

“He’s practicing a sort of à la carte Trumpism," McMurray said. "He wants to take what benefits him politically and ignore the conspiracy, lies, and failures. Tens of thousands of people are dying. Americans are banned from traveling to most countries. Trump’s handling of the virus is a historic fiasco, and the people of Western New York want leadership, not some flip-flopper.”

McMurray has echoed the warnings of doctors and scientists since January and has offered recommendations for achieving best practices on testing and tracing for months. Unlike Jacobs, if elected McMurray would be advocating for a national testing plan, resources to stabilize and sustain NY-27’s rural hospitals, and responsible allocation of federal funds for state and local governments, families, and small businesses.

“The press, our campaign, and the voters will hold Jacobs accountable for his poor judgment and bad acts, like voting against sick pay for COVID-19 patients, spreading misinformation during the pandemic, and not holding the President accountable when Americans are dying,” McMurray continued. “The President claimed to have ‘researched’ my record before lying to the people of Western New York. For America’s sake, I wish he would research these quack doctors that are putting all of our lives at risk with their misinformation.

"Jacobs’ father was a highly respected medical professional — head and shoulders above the likes of the strip mall snake oil salesmen that Trump promotes. I implore Jacobs, Trump, and all Americans to listen to the true experts and to reason. The real tragedy is that so many of the deaths occurring now are completely avoidable.

"We could manage this virus until there is a vaccine, but our President and Jacobs have abandoned science for party politics. They have chosen talk of aliens, witches, and demons, instead of leadership and solutions for the American people."

       Colleen Nelson

A 15-year employee of Oliver's Candies attacked another employee with a knife yesterday afternoon and has been charged with attempted murder in the second degree.

The victim, a 59-year-old employee, suffered only minor injuries in the attack.

Owner Jeremy Liles said nothing seemed to precipitate yesterday's incident and there was no indication the woman would become violent.

State Police were called to the Oliver's location in Elba, where Oliver's runs the Sweet Life Country store on South Main Street and a production facility, for a report of a stabbing.  

Liles was not present during the incident but based on talking with employees and reviewing security footage, it appears the woman took a shop knife and randomly attacked the victim.

Nobody else was hurt in the incident.

"My crew did a phenomenal job," Liles said. "They remained calm. They got everyone out of the building, going person to person telling people to get out. It was a stressful situation and everyone remained calm. It was actually the person who got stabbed who started telling everyone to get out. He was a true leader. He made sure everyone got out of the building.

After the stabbing, the suspect threw the knife in the garbage, Liles said.

Troopers arrived on scene swiftly and took the woman into custody without incident.

"The whole thing was over pretty quickly," Liles said.

Colleen L. Nelson, 49, of Alabama, was taken into custody and besides the attempted murder charge, was charged with attempted assault in the first degree and criminal possession of a weapon, 4th.

State Police described the knife as "large."

Following arraignment, Nelson was ordered held by the Genesee County Jail.

Families who may have been defrauded by Michael S. Tomaszewski when they purchased prepaid funeral arrangements may want to consult with an attorney who is an expert in bankruptcy if they wish to recover any lost funds, according to a law school professor from the University at Buffalo.

S. Todd Brown is the vice dean for Academic Affairs for the UB School of Law and teaches bankruptcy law at the school.

"They would need to talk with someone to make sure their interests can be protected in the bankruptcy," Brown said. "I suspect there are lawyers who have been going around talking to different people, some people have probably already reached out to an attorney. This is an incredibly complex area of law."

Tomaszewski, both personally, and his company Acme Holdings of N.Y. filed for bankruptcy in Federal Court Feb. 5. Combined, Tomaszewski lists $1,094,346 in assets against $3,242,390 in liabilities. 

That doesn't include any restitution he may be ordered to pay if convicted of the nearly 200 criminal charges he faces locally.

The 48-year-old funeral director is charged with 91 counts of failure to deposit monies paid in advance in connection with agreements for funeral merchandise or services. He also charged with 61 counts of third-degree grand larceny, 29 counts of fourth-degree grand larceny, 4th, and three counts of petit larceny.

According to the Sheriff's Office arrest report from July 23, Tomaszewski received deposits form customers ranging from $350 to $15,500. His customers allegedly suffered a combined loss of more than $525,000.

That is a sum of money that people might expect a criminal court judge be repaid to victims once the defendant is convicted but it doesn't necessarily work that way, Brown said, when the criminal defendant has also filed for bankruptcy.

In general, bankruptcy allows an individual to discharge debts and get a fresh start. For businesses, Chapter 11 is a chance to reorganize debts. The judge may help the creditors and debtors work out a repayment plan that lowers the debt burden or if assets are liquidated, the bankruptcy judge will issue an order on how cash obtained during the liquidation is divided among creditors.

Creditors who provided secured loans -- meaning collateral for the money borrowed -- are top priority for repayment. If there is any money left over after secured loans have been paid off, the administrative creditors -- people handing the bankruptcy proceedings, such as attorneys -- are paid. Last in line are unsecured creditors. That is people or entities that are owed money but did not secure the debt with collateral.

The exception to this pecking order, Brown said, is when fraud can be proven.

A common example is if a person or business borrowed money under false pretenses, such as claiming assets that didn't exist or using the money for purposes other than promised.

For a funeral director, Brown used the example of borrowing money on the promise to build a new cemetery but then spending the cash on a new Ferrari or a monthlong trip to Las Vegas.

A funeral home director who accepts prepaid deposits for funeral arrangements could be considered a fiduciary (a person legally responsible for ensuring the money is handled only in the way specified by the contract and in the best interest of the person who owns the money). In order to determine whether Tomaszewski had a fiduciary responsibility to his clients, a lawyer would need to review any specific agreement along with applicable state and federal law.

A fiduciary who converts money to some other users cannot discharge the resulting debt in bankruptcy.

Using pre-need funds for other expenses in violation of the pre-need contract may also be considered fraud and fraud can't be discharged.

In either case, a bankruptcy court judge would need to make the determination on the debtor's obligation based on the case presented by an attorney representing such victims.

"This is really important," Brown said. "If they think they've been defrauded by this individual, they need someone who knows how the process works guiding them through it."

He added, "I tell my students when they enter my Intro to Bankruptcy class, I tell them, most of what we cover is general bankruptcy law. Unless you're working under the guidance of a talented and experienced bankruptcy attorney for at least two or three years, you're to commit malpractice if you go out and practice on your own right away because this is a very technical and complicated area of law. The importance of that story is to stress how easy it is for trained attorneys to mess up if they aren't practicing bankruptcy law regularly."

Brown also noted that a person who filed for bankruptcy can't make any payments on debt without the judge's authorization, even to creditors not listed in the bankruptcy. That rule applies for all debts paid for 90 days prior to filing for bankruptcy and until the bankruptcy case is resolved. The bankruptcy trustee has the option to recover any unauthorized payments from the creditors who received them.

Asked if a County Court judge to order restitution paid first, Brown gave an emphatic, "no."

"In terms of who gets paid when that's entirely the role of the bankruptcy court," Brown said.

For anybody who allegedly lost money to Tomaszewski through means other than fraud -- consider the petit theft charges he's facing -- any potential restitution there will be considered unsecured debt, meaning those possible victims will be among the last to get repaid, Brown said.

"People who have been defrauded need to have someone who is expert in bankruptcy law who is keeping a close on out for their interest in this case," Brown said but also acknowledge that for many people in a case such as this, they haven't lost enough money to interest an attorney taking on their case.

Previously:

• Local funeral director charged with stealing money from customers
• Sheriff's Office looking into report that Tomaszewski improperly handled stillborn baby's remains
• Darien Center couple would like the truth from Tomaszewski about what happened to their daughter's remains

Press release:

The City of Batavia Water Department is on location of a water main break. The break is on the National Grid right-of-way south of the Industrial Park. This is in the same area as the leak last week and the area will experience similar conditions.

The area has very low pressure currently, that should become better once the main is isolated. While no customers should be without water some area homes and businesses may experience lower pressure or discolored water.

We are making all attempts to have water restored to normal as soon as possible.

St. Paul Lutheran School in Batavia held a COVID-distanced graduation for its three fifth-grade students on Saturday.

A reader shared this picture of a tree down along Oak Orchard Road in Elba after a strong storm passed through the town this evening. 

"It was bad here," he said, "maybe a little mini tornado."

Press release:

• Genesee County received zero new positive cases of COVID-19, for a total of 253 positive cases.
  • Seventeen new individuals are on precautionary quarantine due to travel from restricted states.
  • One of the individuals is hospitalized.
     
• Orleans County received zero new positive cases of COVID-19, maintaining a total of 274 positive cases.
  • Eleven new individuals are on precautionary quarantine due to travel from restricted states.
  • One of the individuals is hospitalized.

Once 24-year-old Guillermo Torres-Acevedo finishes serving more than 15 years in Federal Prison for transporting a teenage girl from Bergen across state lines, the Batavia man will spend an additional three years in state prison followed by 10 years on parole.

His attorney, Thomas Burns, asked Judge Charles Zambito to make Torres-Acevedo's sentence in state prison concurrent with his Federal term but Zambito decided the defendant shouldn't get that benefit while also denying the prosecution's request to lock Torres-Acevedo away for up to six years in state prison.

Torres-Acevedo entered a guilty plea in County Court in December to one count of second-degree rape. Other charges against him were dropped as part of a plea agreement.

He admitted to being a person over the age of 18 and having sexual intercourse with a person under age 15 in the Town of Batavia sometime between Nov. 15th and the 26th in 2018.

Earlier that month, Torres-Acevedo entered a guilty before Chief U.S. District Judge Frank P. Geraci Jr. to enticing a minor, a 14-year-old Bergen girl, to travel across state lines to engage in criminal sexual activity. 

Torres-Acevedo was arrested in November 2018 following an Amber Alert for his victim. They were eventually located in a Walmart in Pennsylvania when authorities were able to locate the girl's phone at that location.

If these were normal times, this weekend, some 600 or more people would be at the Jesse and Jolene Coots property in Le Roy burning rubber, admiring hot rods and generally having fun and being kind to each other.

But these are not normal times.

Jesse Coots made the tough decision earlier this month to cancel the event.

"I held out as long as I could and after a conversation with the local authorities, we have come to the conclusion that it would be best to cancel the Hardcore Happening 2020," Coots said in a Facebook post.

"Mind you this was encouraged but not enforced by the police, they have always been great to us and continue to be supportive. I spoke with the chief like I always do before the party and he was great.

"He explained the legal situation and literally went above and beyond to think of a way to have this without raising any flags or comprising anyone’s health however we came up short."

Coots encouraged event fans to use Aug. 1 as a day to make a new friend and love people.

The video is from last year's event, the first year The Batavian covered it. Hopefully, we'll be back there in 2021.

An officer has been dispatched to the Dollar Tree on East Main Street, Batavia, to investigate a report of a dog locked in a black Ford Escape.

"The window is only cracked a little bit," the officer is informed.

A retired emergency dispatcher entered a guilty plea today one count of possession of sexual performance by a child less than than 16 years old, a Class E felony.

Under terms of the plea deal, James E. Tripp, 58, of Batavia, will be sentenced at a later date to 90 days in jail and 10 years of probation. He was also required to forfeit devices seized by law enforcement during the investigation.

Tripp will also become a registered sex offender.

State Police arrested Tripp in January following a more-than-two-year investigation that included interviews and a search of his residence. Today's plea satisfies three counts of possession of sexual performance by a child.

During his career as a dispatcher -- he worked full-time for 22 years and part-time after 2016 -- Tripp was honored multiple times for his service, including named the state's top dispatcher in 2015. 

Press release:

• Genesee County received zero new positive cases of COVID-19.
  • One of the previous community positive cases has recovered and has been released from mandatory isolation.
  • Four new individuals are on precautionary quarantine due to travel from restricted states.
  • One of the individuals is hospitalized.
     
• Orleans County received zero new positive cases of COVID-19.
  • Seven new individuals are on precautionary quarantine due to travel from restricted states.
  • One of the individuals is hospitalized.

Press release:

After an almost muted, secretive swearing-in ceremony and an election that still has not been certified, Chris Jacobs has begun his short term in Congress. His first big moment? A vote against our military and for the Confederacy.

Jacobs sided with Trump and voted against the National Defense Authorization Act, because it includes a provision to rename military bases that are currently named after Confederate Generals. The bill, H.R. 6395, passed the House easily with more than half the Republican caucus voting for it. Every other Congressperson from Western New York voted for it—even Trump extremists like Tom Reed and Elise Stefanik sided with Democrats Higgins and Morelle.

“Jacobs was alone on his first day of Congress, protecting dead traitors. I want to be shocked, but I’m not. Jacobs has sided with Trump over the people of NY-27 again and again, even supporting Trump’s failure during the pandemic and Trump’s advocacy for far-right conspiracy theories. This bill will give a pay raise to our troops, and provide the Pentagon with pandemic response funding—I’m glad it passed in spite of Chris Jacobs. We are going to watch him like a hawk watches a field mouse,” McMurray said.

Jacobs also voted against H.R. 1957, the Great American Outdoors Act, a vastly bipartisan bill to fund and restore our National Parks. The bill also funds state and local parks without using taxpayer dollars. The bill’s passage marks a once-in-a-generation win for environmentalists, for the President, and for bipartisanship, but Jacobs voted against it.

“Our national, state and local park system is second to none, and the question has to be asked: ‘Why would Jacobs vote against 94 percent of Americans that support preserving these natural wonders?’ His family’s business, Delaware North, has extensive business with the National Parks and has had a high-profile, coastline dispute with Parks Services over Yosemite. It’s fair to ask if Jacobs should be voting on such bills, given the potential conflicts.”

McMurray was most concerned, however, about Jacobs’ support for the confederacy.

“Jacobs said that Black Lives Matter is a radical ideology, but defending treasonous generals is OK? A man of wealth like him, a man whose family owns estates across New England, owns the Boston Bruins itself, cannot claim this has to do anything to do with ‘Southern Pride,’ ” McMurray continued.

“He is shamelessly indulging the racist agenda of our President, and it’s an insult to the Union soldiers from across NY-27 who fought the Confederacy. There are tributes to these soldiers everywhere — including the town square in Avon, before the courthouse in Warsaw, and in Geneseo where there stands an obelisk honoring the Union war dead. Geneseo is also home to a statue of General Wadsworth, who defended our nation’s capital, fought valiantly in Gettysburg, and died on the battlefield. The current Republican Town Supervisor is his descendant,” McMurray added.

McMurray is planning a tour to pay tribute to the men and women of the Genesee Valley and Niagara Frontier who confronted the tyranny of the Confederacy and fought for what was right at the most pivotal moment in our country’s history.

NOTE: The Batavian offered the Chris Jacobs campaign to respond and the campaign declined.

To this day, Zachariah and Danielle Young, of Darien Center, really don't know what happened to the remains of their stillborn daughter, Evangeline Elsie.

A photo of the document       Michael Tomaszewski reportedly produced showing
Zach Young authorized the 
cremation of his daughter.
Legally, we are told, a verbal
authorization is not permitted.

They have a box of ashes but the don't feel assured that the box contains the ashes of the little girl they still call Eva.

"The paperwork had the date that literally was a scribble on it," Zach said. "We have absolutely no answers as to when she was actually cremated."

The Youngs said they didn't want Eva cremated, at least not at the time the baby may have been cremated. And, as they remember, when Michael Tomaszewski Funeral and Cremation Chapel received the remains of the baby from Rochester Regional Hospital, he said he wouldn't do it.

As Zach remembers it, Tomaszewski, or "Tom," as they knew him, said "something doesn't look right" and so he agreed to hold onto the remains while the Youngs researched the circumstances of their daughter's death. 

The baby was born at UMMC. She had seemed healthy

just days before when doctors detected a strong heartbeat.

On Feb. 22, when Zach and Danielle arrived at the hospital,

the couple was told Eva's heart had stopped beating.

After hours of labor, Danielle gave birth to a lifeless body.

"It was devastating," Zach said.

"A mother knows their baby already before they're born," Danielle said. "A mother already has that bond. It's like having somebody rip that away and be careless with her remains is just insane. I don't understand it."

Genesee County Coronor Karen Lang confirmed that Eva was born Feb. 22 at UMMC and her body was sent to Rochester Regional for an autopsy. Eva's little body was then sent by courier to Tomaszewski. Tomaszewski has acknowledged receiving the body.

But what happened next is muddled by the funeral director's contradictory stories to the Youngs and to Lang.

On Thursday, the Sheriff's Office announced the arrest of Tomaszewski on about 200 charges. Most of the charges are related to allegations that he misappropriated fund families had prepaid for funeral services. He is also accused of failing to fulfill contracts to purchase headstones and gravesites.

What he hasn't been charged with yet -- and it's unclear if there will be charges -- is how he handled the remains of some deceased people. Chief Deputy Joseph Graff, Sheriff's Office, has confirmed, the department is looking into multiple reports of Tomaszewski mishandling the remains of people who died. The two cases Graff has confirmed involved a veteran who should have been interred at the Bath National Cemetary -- for free -- and the remains of Evangeline Elsie Young.

Lang said she became involved in the Young case after talking with the parents last November. At that point, she learned the Youngs still did not have the remains of Eva nor Eva's autopsy report. 

Both Tomaszewski and Rochester Regional Health were offered an opportunity to comment on this story. Neither responded with a comment.

Tomaszewski has provided both the Youngs and Lang with multiple stories about what happened with Eva's remains. He told the Youngs in June that he hadn't delivered the remains to the crematorium and then a short time later said she had been cremated.  

In November, he told Coroner Jeff McIntyre, who was assisting Lang with the case while she was on vacation, that he cremated Eva when he first received the remains; however, Tomaszewski couldn't produce documentation. He later told Lang he cremated the baby in June.

Most people don't understand, Lang said, that most funeral homes don't have the facilities to store the remains of deceased people for long periods of time.

When Lang asked Tomaszewski, who also operates a catering facility, what he did with Eva's body from February until June, Lang said Tomaszewski told her that he kept the body in a cooler in his prep room.

Tomaszewski eventually produced documentation on the cremation of Eva but neither of the Youngs signed it -- which Lang said is required by law.  Instead, the document says the Youngs gave permission over the phone for the cremation. 

Based on their conversation with county officials -- which includes an interview the Sheriff's Office -- the Youngs suspect the box of ashes they received is too light to contain the remains of a once nine-pound baby. So they feel in limbo. Their church -- High Point in Pembroke -- held a service  for Eva but they didn't have her ashes then and they don't know if what they have now are really her ashes.

They would just like answers.

"I think to make it up, he would have to really admit to his wrongs and not just for me, but for a lot of people," Danielle said. "Losing somebody as it is, is something traumatic to have to deal with. And for us to trust you with our dead loved one..."

"It would be nice to at least know what happened because we got three different stories from him," Zach interjected.

"We don't really have answers," Danielle said. "To be honest -- to be honest with anybody -- would be good. The trauma of losing our daughter was bad enough and then to have to worry about her remains -- that wasn't professional."

Previously:

• Local funeral director charged with stealing money from customers
• Sheriff's Office looking into report that Tomaszewski improperly handled stillborn baby's remains

(Initial Post)

UPDATE: The driver has been identified as John W. Schoonover, 59, of Boyd Road, Pavilion.  The accident report indicates he lost consciousness while driving causing his vehicle to veer off of westbound Route 5, into the eastbound lane, striking an earth embankment on the south shoulder before striking the parked vehicle. Schoonover is at Strong Memorial Hospital and listed in satisfactory condition.

Press release:

The County Manager’s Office is pleased to announce the appointment of Tammi Ferringer as the new Assistant County Manager effective Aug. 15.

Tammi, a lifelong resident of Genesee County, brings 15 years of experience in county government to her new role as a key operative in the Chief Administrative Office of Genesee County government.

Ferringer began her County career in 2005 as Senior Financial Clerk-Typist at the Genesee County Health Department and quickly worked her way through the ranks to Administrative Officer/Budget Officer. In 2014, she transitioned to the Department of Social Services serving as director of Fiscal Operations and Child Support and, in 2019, was appointed as the County’s compliance officer.

Ferringer has continually exceeded expectations in her different roles in the County, leading to a series of promotions and advancements. Unique skill sets in both finance and compliance make her a great fit for the needs of the Assistant County Manager position.

She's a graduate of Batavia High School. She holds an associate degree in Business Administration from Genesee Community College and a Bachelor of Science degree in Business Finance from SUNY Brockport.

Ferringer resides in the Town of Batavia and is the proud parent of her two children, Jacelyn, 20, and Caleb, 13.

Press release:

At 8:05 p.m. on July 26, the City of Batavia Fire Department was dispatched to a reported residential basement fire located at 438 Ellicott St. First arriving fire units were on scene at 8:08 p.m.

Upon arrival, firefighters found a working fire with heavy smoke and flames visible. Responding crews made an aggressive interior attack of the basement and were able to confine and contain the fire and the situation was called under control by command at 8:42 p.m.

While the fire was contained to the basement of the structure, there was smoke and heat damage to the first and second floor due to the intensity and balloon frame construction that allowed for additional diffusion.

All occupants were able to self-extricate along with a cat from the residence. One adult and two teenagers are receiving lodging assistance from the Red Cross.

Additionally, a City firefighter was injured while fighting the fire. He was sent to United Memorial Medical Center (UMMC) for evaluation, and has been released and is seeking follow-up medical treatment.

At this time the City of Batavia’s Fire Investigation team is investigating the fire to determine the origin and cause. Pending further investigation, the fire has been label undetermined. A final determination will be made upon completion of the investigation.

City fire was assisted at the scene by the City of Batavia Police, Mercy EMS, and the Genesee County Sheriff and Emergency Management Departments with additional support provided by the Town of Batavia Fire Department and Genesee County Emergency Dispatch.

Photos by Frank Capuano.

Press release:

• Genesee County received four new positive cases of COVID-19, for a total of 253 positive cases.
  • The positive individuals reside in Batavia and Le Roy.
  • Two of the positive individuals are in their 30s, one is in their 40s, and one is in their 80s.
  • The positive individuals were not on mandatory quarantine prior to testing positive.
  • Five of the previous community positive cases have recovered and have been released from mandatory isolation.
  • Six new individuals are on precautionary quarantine due to travel from restricted states.
  • One of the individuals is hospitalized.
     
• Orleans County received one new positive case of COVID-19, for a total of 274 positive cases.
  • The positive individual resides in Ridgeway.
  • The positive individual is in their 20s.
  • The positive individual was not on mandatory quarantine prior to testing positive.
  • Two of the previous community positive cases have recovered and have been released from mandatory isolation.
  • Sixteen new individuals are on precautionary quarantine due to travel from restricted states.
  • One of the individuals is hospitalized.

Angela Schlaggel spotted this white pigeon in the parking lot of The Salvation Army in Batavia and noticed it was wearing a bracelet. 

The pigeon had been at the location for the last two hours at the time Schlaggel sent us the picture this morning.

"It has a bracelet and isn't bothered by my presence at all so I think it may be someone's escaped pet," she said. 

Anna Fenton shared these photos of a butterfly she found in her back yard.

Can any readers identify it?