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Hardcore Happening for 2020 canceled

By Howard B. Owens
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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.

Dog reported locked in vehicle at Dollar Tree

By Howard B. Owens

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.

Retired emergency dispatcher pleads guilty in child pornography case

By Howard B. Owens

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. 

No new COVID cases, one recovery reported in Genesee County

By Howard B. Owens

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.

McMurray accuses Jacobs of voting 'for the Confederacy'

By Howard B. Owens

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.

Darien Center couple would like the truth from Tomaszewski about what happened to their daughter's remains

By Howard B. Owens
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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.

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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:

Video: Medical condition believed to be cause of accident on Route 5 in Stafford

By Howard B. Owens
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(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.

Lifelong county resident promoted to assistant county manager

By Howard B. Owens

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.

Firefighter suffered minor injury at basement fire on Ellicott Street

By Howard B. Owens

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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.

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Four new COVID-19 cases reported since Friday

By Howard B. Owens

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.

Photo: pigeon with a bracelet

By Howard B. Owens

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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. 

Photo: A butterfly

By Howard B. Owens

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

Can any readers identify it?

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Average gas price in Genesee County unchanged

By Howard B. Owens

Press release from AAA:

Today’s national average price for a gallon of gasoline is $2.18, which is down two cents from a week ago. One year ago, the price was $2.74. The New York State average is $2.26 – down 1 cent from last week. A year ago, the NYS average was $2.88.

AAA Western and Central New York (AAA WCNY) reports the following averages:

  • Batavia -- $2.23 (no change since last week)
  • Buffalo -- $2.21 (no change since last week)
  • Ithaca -- $2.19 (up 1 cent since last week)
  • Rochester -- $2.24 (up one cent since last week)
  • Rome -- $2.30 (no change since last week)
  • Syracuse -- $2.20 (no change since last week)
  • Watertown -- $2.28 (no change cent since last week)

Gas prices are mixed to start the week. The national average is down slightly as travel remains limited in some areas. While road trips are the main source of travel, travel levels are down significantly compared to last year. The Energy Information Administration (EIA), says gas demand is down in the U.S. Decreasing demand for gasoline has helped pump prices to decrease in the last week, and if demand continues to drop, we could see cheaper pump prices in the coming week.

From GasBuddy:

"We remain stuck in neutral when it comes to gasoline prices. While Pay with GasBuddy data showed a small rebound in gasoline demand, oil prices have again failed to break out, leading to yet another week of little change at the pump," said Patrick De Haan, head of petroleum analysis for GasBuddy.

"It's a bit too early to tell if the small rise in gasoline demand last week will continue into this week, but it does seem the most likely situation. The V-shaped recovery in gasoline demand has been put on hold for nearly all of July as coronavirus cases surged, but once we recover from that and we see demand show several weeks of recovery, we'll likely see gas prices begin to tick higher. For now, however, that gives motorists more time to fill up without having to worry about big jumps in prices."

Four people trapped in vehicle after accident on Thruway in Pembroke

By Howard B. Owens

A motor-vehicle accident has been reported in the westbound lane of the Thruway near mile marker 400 with four people trapped in a vehicle.

Unknown injuries.

Pembroke fire, Indian Falls fire, along with East Pembroke and two ambulances from Mercy EMS dispatched.

UPDATE 10:07 a.m.: The only reason the four people can't get out of the vehicle is they are blocked in by trees. No injuries.

UPDATE 10:14 a.m.: All occupants out of the vehicle.

Man putting flyers on cars looks suspicious to caller outside Marshalls

By Howard B. Owens

A caller outside Marshalls in Towne Center at Batavia reports a white male in blue jeans, a grey, button-down shirt, safari hat, and with his face fully covered is walking around putting flyers on cars and "looking suspicious." 

The caller wishes to speak with a patrol officer.

Sheriff's Office looking into report that Tomaszewski improperly handled stillborn baby's remains

By Howard B. Owens
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     Michael Tomaszewski

It isn't just headstones Michael Tomaszewski is suspected of not delivering to cemeteries but bodies, too, including the remains of a stillborn baby.

Chief Deputy Joseph Graff, Sheriff's Office, said that investigators are looking into multiple incidences of mishandling remains at Tomaszewski's facilities on West Main Street Road, Batavia.

Graff wouldn't elaborate other than to confirm the investigation into the remains of a baby and a veteran.

The investigation into remains being stored at the Michael S. Tomaszewski Funeral Home & Cremation Chapel, and possibly at Tomaszewski's adjoining properties, began in January 2019.

That's when Genesee County Coroner Jeff McIntire received a call from the estranged stepdaughter of Peter Vandetta, a 20-year Army veteran, who died in April 2018.

Ronda Grabowski said she wasn't notified of Vandetta's death immediately, but became suspicious after reviewing his death certificate.

She contacted Coroner McIntire and asked him to find out where her stepfather's body was buried.

McIntire found the death certificate and discovered Vandetta's passing was one of his cases, so he tried contacting the Bath (NY) National Cemetary, where Vandetta was supposed to be interred, to find out if he was buried there. McIntyre said he made a few calls, each time being told there was no record of Peter Vandetta at the cemetery.

He followed up with Tomaszewski and McIntire said the funeral director assured him he had taken Vandetta's remains to Bath and he could provide him with the grave coordinates.

After being told by officials at Bath once again that Vandetta was not lain to rest at the national cemetery, McIntire asked Tomaszewski to provide him with the grave coordinates. But, when pressed, Tomaszewski couldn't do it, he said.

At that point, McIntire turned the investigation over to the Genesee County Sheriff's Office.

A short time later, McIntire received a call from an investigator and was told that the remains of an adult male at been located in the garage at the Tomaszewski funeral home.

McIntire ordered the remains delivered to the Monroe County Medical Examiner's office for positive identification. That ME's office did confirm the remains were Vandetta's.

Grabowski told 13WHAM, The Batavian's news partner, that she confronted Tomaszewski about the situation. She said he told her the cousin who was supposed to handle arrangements never contacted him with instructions on how to proceed.

After the ID was confirmed, a cousin apparently authorized the return of the remains of Vandetta to Tomaszewski, who published Vandetta's obituary on Aug. 6, 2019, with services to be held at the funeral home on Aug. 11. Vandetta is now interred at Bath National Cemetary.

Asked for his thoughts on the case, McIntire, himself a military veteran, said, "You know, I can’t even tell you what my thoughts are. I don’t even understand. I don't know. I hope the system works and we’re able to find out what happened and what went wrong."

Graff said there has been an active investigation into the Vandetta case since January 2019, and he also confirmed that the Sheriff's Office has been contacted about the possible inappropriate handling of other human remains. Graff declined to say how many complaints there might be but did confirm that one involves a stillborn baby.  

District Attorney Lawrence Friedman said he has been aware of the investigation but has not been handed a case yet by the Sheriff's Office so couldn't comment further on possible charges.

Chief deputy Graff also said he and other investigators were kept busy fielding calls from more possible victims of Tomaszewski.

On Thursday, the Sheriff's Office announced the arrest of the funeral director on about 200 charges involving the alleged misuse of prepaid funeral arrangement funds and Tomaszewski's possible failure to purchase headstones and gravesites as paid for and promised to clients.

It's alleged that in the initial set of charges, Tomaszewski may have misused about $525,000 in funeral funds he deposited.

Earlier this year, Tomaszewski and his company, Acme Holdings of N.Y. Inc., filed for Chapter 11 bankruptcy. He lists $1,094,346 in assets against $3,242,390 in liabilities.

If convicted, Tomaszewski will certainly be ordered to pay restitution to victims. Restitution cannot be discharged, like other debts, in bankruptcy court.

Previously: Local funeral director charged with stealing money from customers

Video: Dave's Ice Cream hosting summer concert series

By Howard B. Owens
Video Sponsor
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In the age of COVID, when many indoor activities are curtailed and we're supposed to keep our distance outside, Debra Webster decided she could use the park-like area behind her business, Dave's Ice Cream, on West Main Street, as a place to give people something to do.

This week, she kicked off a summer concert series featuring Austin Wahl, a guitar performance student at the Eastman School of Music in Rochester.

Webster plans free concerts from 6:30 to 8 p.m. on Thursday nights during the summer.

Man run over by tractor on Upton Road

By Howard B. Owens

A middle-aged man has been run over by a tactor at a location on Upton Road, Batavia.

He is conscious and alert.

Mercy Flight is on in-air standby.

East Pembroke fire and Mercy EMS dispatched.

UPDATE 11:33 a.m.: A landing zone is being established for Mercy Fight.

UPDATE 11:36 a.m.: Mercy Flight #7 is on the ground.

UPDATE 11:55 a.m.: East Pembroke assignment is back in service.

People in Batavia, Le Roy, and Pembroke test positive for COVID-19

By Howard B. Owens

Press release:

  • Genesee County received three new positive cases of COVID-19.
    • The positive individuals reside in Batavia, Le Roy and Pembroke.
    • One of the positive individuals is less than 20 and two individuals are in their 50s
    • One of the positive individuals was not on mandatory quarantine prior to testing positive.
    • Zero 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.
    • No individuals are hospitalized.
       
  • Orleans County received one new positive case of COVID-19.
    • The positive individual resides in Albion.
    • The positive individual is in their 50s.
    • The positive individual was not on mandatory quarantine prior to testing positive.
    • Zero of the previous community positive cases have recovered and have been released from mandatory isolation.
    • Eight new individuals are on precautionary quarantine due to travel from restricted states.
    • No individuals are hospitalized.

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