Stories from

Shot late this afternoon.

Press release:

Batavia Downs announced today that the gaming floor portion of its highly anticipated expansion project will open on Friday, Oct. 4.

"We are very excited to open this first phase of our expansion,” said Michael D. Kane, president and CEO of Batavia Downs. “As a public benefit corporation, the expansion of the gaming floor and the addition of three new restaurants will allow us to generate more revenue for local municipalities.”

As a public benefit corporation, all profits from Western OTB and Batavia Downs Gaming net expenses are contributed back to the 15 counties and two cities of Western New York.

Pictures and videos from the expansion as well as updates can be found on Batavia Downs’ Web site (www.bataviadownsgaming.com), on Facebook (www.facebook.com/bataviadowns) and on Twitter (www.twitter.com/bataviadowns). A grand opening celebration with a ribbon cutting and other events will occur in a few weeks.

Press release:

GO ART! presents its 13th annual Genesee-Orleans Community Arts Awards Gala Dinner & Auction at 6 p.m. on Saturday, Oct. 26 at Terry Hills Golf Course and Banquet Facility, 5122 Clinton Street Road (Route 33), Batavia. Each year, GO ART! recognizes the extraordinary contributions in art and culture made by individuals and organizations in the Genesee-Orleans region at this unique event. This year’s honorees are:

Community Arts Awards:

• Business -- Laura Gardner, “a lily & a sparrow” in Medina
• Business -- Howard Owens, The Batavian
• Cultural Organization -- Barb Toal & Friends of Batavia Peace Garden
• Artist -- “The Humans” – John Dumrese, Richard Doolan, Gar Trusselle, William Kuhns, Martin Busch and the late Danny Long
• Artist -- Carol “Kay” McMahon, musician from Genesee County

GO ART! Board of Directors Special Recognition: Mary Pat Hancock, chair of the Genesee County Legislature

Linda L. Blanchet Award: To be announced

Tickets are $27/non-members, $25/members, and advance reservations are required. Enjoy a delectable dinner and desserts while local band “The Old Hippies” featuring Bill McDonald provides musical entertainment. Dress is business casual.

A silent auction featuring quality work by local artists, artisans and cultural organizations will be held throughout the evening, and the annual Gala Raffle will be held as well. The Grand Prize this year is 14K white gold pendant necklace with black and white diamonds .50ptw, compliments of Valle Jewelers; Value $1,250.

The Raffle tickets have a requested donation of $5 each or five for $20, and are available at GO ART! and at the event. Winners will be selected in a random drawing at the GO ART! Gala on Oct. 26; you do not need to be present to win.

For more information, call 585.343.9313, e-mail info@GOart.org, or visit www.GOart.org.

Judy King

A 42-year-old Attica woman is being accused of stealing more than $21,000 from a company she worked for in Stafford.

Judy S. King, of Genesee Street, Attica, is charged with forgery, 2nd, grand larceny, 3rd, and grand larceny, 4th.

King was arrested following a lengthy investigation by Deputy John Duyssen and Investigator Timothy Weis into missing funds at RJN Electrical Services.

During the years of 2012 and 2013, King, working as an office manager, allegedly used her access to bank accounts to forge at least 88 checks.

She's also accused of stealing two credit cards from the company and making personal purchases.

Following arraignment in Town of Stafford Court, King was released under supervision of Wyoming County Probation.

Thomas Richard Ellis, 46, of Kings Lane, Rochester, is charged with DWI, failure to keep right, speed not reasonable and prudent, unapproved/no face shield on motorcycle and driving without corrective lenses. Ellis was charged following a motorcycle accident at 8:06 p.m., Friday, in the area of 4491 Old Ford Road, Elba. (initial report)

Ronald Jason Scroger, 33, of Swan Street, Batavia, is charged with two counts petit larceny and criminal mischief, 4th. On Friday, Scroger allegedly went to Walmart and removed merchandise from its packaging, damaging the item's package. He then allegedly left the store with $170.82 in stolen merchandise. He then allegedly returned with a stolen item and exchanged it for a gift card with a value of $34.97.

Kelly James Rhim, 35, of Eller Street, Batavia, is charged with unlawful possession of marijuana, driving with a BAC of .08 or greater and DWI. Rhim was stopped at 2:15 a.m., Saturday, on West Main Street Road, Batavia, by Deputy Joseph Corona.

Jeffrey Scott Vandusen, 24, of Chapel Avenue, Cheektowaga, is charged with resisting arrest. Vandusen is accused of fleeing from law enforcement during an attempted traffic stop at 8:05 p.m., Sept. 18, on Phelps Road, Pembroke, for alleged traffic violations.

Kory James Towne, 23, of Phelps Road, Corfu, is charged with resisting arrest, speeding and failure to yield. Towne is accused of fleeing from law enforcement during an attempted traffic stop at 8:05 p.m., Sept. 18, on Phelps Road, Pembroke, for alleged traffic violations.

Samuel J. Singletary, 50, of Alphonse Street, Rochester, was arrested on warrants for alleged aggravated unlicensed operation and speeding. Singletary was arrested upon his arrest from the Monroe County Jail on unrelated matters and arraigned in Town of Elba Court. Bail was set at $500.

Kevin Albert Roberts, 22, of Perry Road, North Java, is charged with petit larceny and conspiracy, 6th. Roberts is accused of conspiring with another person to shoplift at Walmart.

Mathew Lee Klein, 19, of Dodgeson Road, Alexander, is charged with trespass. Klein was allegedly seen atop the roof of the bus garage at Alexander Central School at 1:48 a.m., Sept. 21.

Jerell J.T. Jones, 25, and Nathaniel R. Davis, 18, both of 20 N. Spruce St., Batavia, are each charged with two counts of petit larceny. Jones and Davis are accused of shoplifting from YNGodess on two separate occasions. Jones and Davis were jailed on $1,000 bail each.

The following individuals were cited for alleged possession/consumption of alcohol under age 21 following a Batavia PD investigation into a complaint of a loud party at 25 Trumbull Parkway at 12:23 a.m., Friday: Eric J. Soto, 19, Ian J. Legares, 18, Emmanuel Garcia, 20, Jessie C. D'Paula, 20, Stephanie E. Griffin, 20, Carlton RV Lampe, 18, Michael A. Archer, 19, Leofal Soto, 19, Jared R. Wansart, 19, Troy R. Pakusch, 19, Jah-Neel A. Warner, 17, Adam T. Pratt, 19, Lasania S. Hyatt, 19, Jared J. Midwick, 18, Carrie M. Curry, 19, Randy O. Mutt, 19, Andrea F. Parravano, 19, Shanique Y. Headley, 18, Ashley R. Makowski, 18.

Dennis A. Edson, 49, of 17 Porter Ave., Batavia, is charged with trespass. Edson is accused of entering a neighbor's property without permission.

Dajuandrick C. Gardner, 36, of 22 East Ave., Batavia, is charged with criminal possession of a controlled substance, 7th. Gardner was allegedly found in possession of a crack pipe.

Andrew DeMara Hewitt, 29, of North Street, Churchville, was arrested on a warrant related to a petit larceny charge. Hewitt allegedly did not appear on a petit larceny charged in Town of Byron Court. He was jailed on $150 bail.

Jeremy L. Jones, 20, of Hammonsport, is charged with unlawful possession of marijuana. Jones was arrested by State Police in the Town of Pavilion. No further details released.

Should the government be shut down to stop Obamacare?

The Guardian: US government on verge of shutdown as House votes to delay health law

A house fire is reported at 218 Exchange St., Attica. 

Responding from Genesee County are Alexander, Bethany, Darien and the City of Batavia Fast Team.

UPDATE 8 a.m.: Genesee County units returning in service.

The Rotary Club of Batavia hosted its annual brewfest again this year, but with Batavia Downs being remodeled, the club set up tents along Alva Place instead and served brews to hundreds of attendees.

The Elba Lancers cheer squad unveiled a new routine during half-time of the Elba/Byron-Bergen vs. Notre Dame game Saturday.

The routine features more acrobatics than I've seen from a high school cheer squad before.

Cheer Coach Kate Engle said her cousin Jackie Borrelli, now a cheer captain at Niagara University who cheered for Northeast Elite, conducted a two-day cheer camp for the Elba team and taught the girls the new routine.

Saturday was the first time they performed it in public.

Rachel Wannike is Elba's captain this year and she's featured in the flyer toss. Tabitha Fuller, a seventh-grader, is featured in a series flips during a pyramid (unfortunately, my camera slipped out of focus during this part of the routine). 

Engle said the squad is pretty young, with only one senior member and five juniors, three sophomores, seven freshman and a seventh-grader.

The girls will use the routine Oct. 13 at the Brockport Spiritfest and, of course, during sectionals competition later in October at RIT.

To purchase prints of these photos, click here.

Hundreds of runners were asked this morning to navigate a 5K course filled with zombies at Darien Lake Theme Park.

The rUNDEAD race was held to benefit Special Olympics and organized and supported by volunteers from throughout WNY, including a collection of zombies near the finish line who a part of the same group in Tonawanda.

Each runner was issued three flags. Those who managed to make it through the course with at least one flag was eligible for a prize. The zombies, rather than seeking the brains of runners, were hungry for flags.

Speed seemed essential when a runner needed to sprint through a gauntlet of zombies.

 

Say "Cheese" -- Arlowe Price, Fattie King and Sam Pecoraro. Price is the owner of Savage Buffalo Carnival whose family has been performing in carnivals and freak shows for five generations. He said he performs frequently in the Buffalo area, but has never been invited to perform anywhere in Genesee County. Here's his Facebook page.

Mike and Cindy Baskin, from Naples. They skipped today's Grape Festival to be zombies in Darien.

Brenda Fox, a proud member of The Batavian Club, and her daughter Indigo at the start line of the race.

To purchase prints of photos, click here.

The first of four planned "Coffee Talk" events sponsored by Vibrant Batavia was held this morning at City Hall. The events are designed to collect feedback on what residents think needs to be done to improve life in Batavia and identify potential neighborhood leaders. Today's event was focused on residents from the Northside.

Above, Vibrant Batavia Director Leanna Di Risio.

William Gregory, of State Street, pictured below, said he came out to the event this morning because he's concerned about his commmunity.

"I think it would be nice to know more of my neighbors and hopefully we can solve some of the issues we have," Gregory said.

The next Coffee Talk is from 10 a.m. to noon, Oct. 5, at Williams Park.

For more on the event and the schedule, click here.

The Child Advocacy Center sponsored a 5K run/walk in Downtown Batavia this morning. The event was held in conjunction with a dozen other 5Ks sponsored by CACs in cities around the state.

We've not received race results yet, but we do know that Todd Masters won and all of the top four finishers are all members of the Kiwanis Club's 5K team.

Todd Masters

Batavia PD is investigating reports of shots fired on State Street last night, Chief Shawn Heubush confirmed today.

The reports came in some time after 11 p.m. and officers searched the area, according to radio traffic, for a couple of different vehicles in order to question subjects.

Heubusch did not confirm whether any interviews took place.

There is no report of any injuries at this time nor confirmation that a gun or guns were fired.

Mercy Flight has been dispatched to the Alexander High School football field for a player who has suffered a possible concussion.

UPDATE 10:31 p.m.: "Mercy Flight has landed."

UPDATE 10:39 p.m.: A person who was at the game said the game was over and field clear by the time an ambulance was called. Two different players were knocked out during the course of the game, he said. 

UPDATE 10:45 p.m.: Mercy Flight is airborne in route to Erie County Medical Center.

Present Tense books and gifts, on the corner of Washington and State, Batavia, will be closed as of Nov. 1, owner Erica Caldwell announced today in an e-mail to customers.

The store will start selling items at marked down prices on Oct. 8. Store fixtures will also be fore sale.

Here's a portion of the e-mail:

Present Tense could not have flourished for eight years without the help and support of many people:

• YOU, our customers. It has been a privilege to provide books for you for these past eight years. We have enjoyed reading, talking, and sharing with you and treasure the many friendships we have made.
• TERRI MARCHESE and MARCY RUBIN, my dependable, enthusiastic, book-loving sidekicks. Also, thank you to CHASITY MOORE, KELLY DUDLEY, and MARCIA GANN, who were willing to help out when needed.
• MY FAMILY, especially my parents and sister, who spent quite a lot of time arranging, rearranging, hanging, shelving, fixing, proofreading, baking, and generally improvising to help me create the space and materials I envisioned for Present Tense. Thanks to my father-in-law for his willingness to put on a red suit and white beard every year for our Holiday Open House.
• DARRICK COLEMAN, my husband, who was not only willing to let me try running an independent bookstore but has also been the one I call for all the worst jobs, like fixing the printers, hanging Christmas lights in high places in the freezing cold, correcting my endless bookkeeping errors, and once even donning the black robe and wig of Severus Snape. Malcolm Gladwell says that creative success is often highly contingent on the efforts of others, and that creative individuals’ stories are invariably love stories. That has certainly been the story of Present Tense.

A motorcycle accident is reported in the area of 4491 Old Ford Road, Elba.

Injuries are reported.

Elba fire and Mercy EMS dispatched.

UPDATE 8:38 p.m.: Injuries are minor. Elba Fire back in service, except for fire police still on scene.

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It didn't take long for a young entrepreneur to fill the space that had been Casino's for decades.

The venerable Le Roy restaurant closed just months ago and Le Roy-native Sam Hillburger said when the space became available, he thought, "perfect."

He grew up with Casino's and liked the location.

His new eatery, Sammy HIlls, opened a week ago and serves hamburgers, hot dogs and plates.

The location is perfect for his ambitions he said, because he just wants a small restaurant where he puts out good food.

"I'm not in it to be big and expand," Hillburger said. "It's a small kitchen where you can put out some good food and call it a day."

Patties are fresh, hand-pressed every morning and the meat sauce and chicken are fresh dipped every morning.

After graduating from Le Roy High Sschool, Hillburger went to a culinary school in New Hampshire. He worked for three years at Alex's Place and for a time at the Avon Inn. Now he's ready to see what he can do on his own.

"I was ready to work for myself," Hillburger said. "I've always done it somebody else's way and I'm ready to do it the way I want to do it."

A lot's changed since Gary Diegelman became an emergency dispatcher 33 years ago.

When Diegelman started there was one computer in the dispatch center. There was a manual typewriter for incident reports and a handwritten blotter book.

Today, a dispatcher sits in front a multi-line phone with six computer screens to track calls, incidents and the location and availability of first responders.

On his first day on the job, Diegelman was told, "here's a chair. Here's your training manuals. Sit down and shut up."

On his second day on the job, there was only one other dispatcher scheduled to work, Tom Graham (now town justice in Oakfield). Graham turned to Diegelman and said, "I hope you know what you're doing because you've got fire dispatch."

Today, a dispatcher is put through a minimum of four months of training before they're allowed to take calls and make dispatches on their own.

All of the changes that have taken place to make the Genesee County Emergency Dispatch Center what it is today is enough change for Diegelman, he said.

"Everybody says you know when it's time, and it's time," Diegelman said during his retirement party at the Sheriff's Office on Park Road. "I've been through so many changes I don't want to go through any more changes. With this new radio system coming and everything else, it's time."

Sheriff Gary Maha praised not only Diegelman's persistence in a very stressful job but the experience and dedication he brought to the department.

"I think he enjoyed the job," Maha said. "He learned a lot and we will miss his experience and his expertise. Like any job, you've got to be able to enjoy the job to be able to stick with it as long as he did."

During his 33 year career, Diegelman received four commendation awards, a certificate of appreciation, a meritorious award for continuous excellence, and a distinguished service award.

The job of a dispatcher alternates between times quiet and calm and then moments if not hours of overwhelming call volume.

Computers, Maha said, haven't necessarily made the job easier. There's more information to track.

It takes a person uniquely suited to the job to make it as a dispatcher, Diegelman said. You've got to be able to handle the lulls as well as the times of frantic work. You've also got to be able to deal with a public that can sometimes be surly and uncooperative.

"You need to be able to hear the public, what they want and be able to help them," Diegelman said. "You get people won don't really know what they want and you need to stir them and help them get to the right spot and then you get people who are belligerent and don't treat you well on the phone and you've got to control your emotions."

And then, he said, "there are a number of people who don't often call an emergency dispatcher and when they do, they want something and they need something and you're the first one they talk to."

The job is all about serving the public, Diegelman said.

One call Diegelman remembers the most is the night a woman called and thought there was an intruder breaking into her house. It's not an unusual kind of call and often such calls prove to be unfounded, but this time, somebody had broken into this woman's house and while Diegelman was still on the phone with her. Somehow during the attack, the intruder realized the woman was on the phone with a 9-1-1 operator and fled.

The intruder was never caught, but the woman suffered no serious injuries and thanked Diegelman later for being there for her.

"You've got to be that person who can take the call and not let it get to you because the next day you've got to go on," Diegelman said.

After 33 years of service, Gary Diegelman will no longer be taking those calls.

LISTEN: Gary DIegelman's final transmission as a dispatcher.

A car carrier semi-truck is disabled and blocking traffic at Oak and Richmond.

Batavia PD responding.

The victim of an assault on State Street yesterday afternoon was released from the hospital this morning and his alleged assailant was jailed last night without bail.

Woodrow Clarence Horseman, 37, address unknown, was charged with assault, 2nd.

The name and age of his alleged victim have not been released.

Det. Kevin Czora said Horseman and the alleged victim are acquaintances, and while there may have been a verbal exchange prior to the victim being hit, witnesses said they saw nothing they believed would have provoked an assault.

The alleged assault occurred on State Street at about 3:15.

The alleged victim was reportedly unconscious when transported by Mercy EMS to the Mercy Flight hangar for air transport to Strong.