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Pedestrian hit by car on Ellicott and Swan streets, Batavia

By Howard B. Owens

A car, pedestrian accident is reported at Ellicott and Swan streets.

Batavia Fire Department and Mercy EMS responding.

UPDATE 11:42 a.m.: The accident involves an adult male complaining of leg and knee pain.

Reviews starting to come in for Bill Kauffman's 'Copperhead'

By Howard B. Owens

"Copperhead," the movie with the screenplay by local author Bill Kauffman, opens in theaters around the United States today and the film has received mostly positive reviews so far.

A screening in Gettysburg, billed as the world premiere, earned director Ron Maxwell a standing ovation.

Writer James Simpson, in a piece of PJ Media, takes a detailed look at the historical and political context of the movie and concludes,

This is a movie well worth seeing; both for its accurate depiction of the times, its rich narrative, and the unique, rarely discussed subject matter, which was in fact a major component of the days’ controversies. It is also completely family friendly – a rarity in Hollywood these days.

Perhaps unsurprisingly, the L.A. Times critic comes off as a bit of a snob and calls the film "lugubrious."

Another Hollywood-based critic says the film is purely for history buffs (while too narrowly constricting the scope of the audience, may be a bit of a left-handed compliment -- this isn't "Fast & Furious 6").

That writer, John DeFore, seems to believe only "Tea Party" types care about the Constitution, writing, "Beech is a dairy farmer who's opposed to slavery but, in language that will resonate with Tea Party-affiliated viewers, argues that Lincoln's war is unconstitutional."

Apparently, one must not color outside of the lines in Mr. DeFore's world.

Though, one of the more favorable reviews has come from Katie Kieffer, writing for the conservative Web site Town Hall.

Copperhead is worth seeing because it re-tells American history with an intimate, engaging and non-textbook approach.

It will be interesting to watch the different reactions to the film from America's various political factions -- especially the simple-minded red state/blue state divide -- to a film that challenges pat answers to questions about the Civil War.

Kauffman has said the movie isn't intended to be preachy or a message movie, except maybe to reinvigorate the lost notion in America of the value of dissent.

In his own lengthy piece about the film for Front Porch Republic, Kauffman writes about the constricting nature of political debate in the country these days.

We live in a time and in a country which finds principled dissent of the sort exercised by Eugene V. Debs and Abner Beech almost incomprehensible. In one sense, freedom of expression knows no bounds: Internet pornography, snuff-game videos, libelous tweets – laissez faire, man. But with respect to politics, art, culture…seldom in American history have the limits of permissible speech been so narrow, so constricting. True, our Eugene Debses aren’t usually thrown into gaols, but nor do they become cause célèbres, like Debs. Their prison is the red state-blue state idiocy under which the limits of acceptable opinion are demarcated by Barack Obama and Mitt Romney, and writers live in the fear (which, I can tell you as one who has long worked with members of the DC punditocracy, absolutely paralyzes careerists) of saying the wrong thing and running afoul of the hall monitors and tattletales who police American discourse.

In media coverage closer to home, Jay Moran interviews Kauffman for WBFO.

"Copperhead" is playing in Pittsford and Williamsville.

Previously:

Missing teen found safe in Batavia

By Howard B. Owens

Missing 13-year-old Chelsea Darnley Emondt-Fauel has been located in the City of Batavia and is safe, according to Det. Rich Schauf.

Schauf said it's confirmed that she was a "willful runaway."

She was turned over to the care of Social Services, Schauf said.

Two men questioned after burglary in Pavilion released without charges

By Howard B. Owens

Two men who were found wandering on Transit Road after a burglary on Shepard Road, Pavilion, were questioned by State Police and released, according to Trooper Victor Morales, public information officer for Troop A, Batavia.

The first man was taken into custody while State Police were still trying to determine if anybody was in the house on Transit Road.

He was questioned and denied any knowledge of the house.

The burglary was reported just before noon. Multiple law enforcement agencies responded. A witness hadn't seen the suspects leave the house, so as a precaution before sending troopers in to search the house, robots were used to check inside.

The robots were able to help investigators determine that the house had, in fact, been broken into, but it took a contingent of troopers actually going inside to confirm the house was unoccupied.

The burglars apparently managed to escape before back-up law enforcement units arrived.

Hours after State Police cleared the scene, at about 7:30 p.m., dispatchers received reports of a man approaching residents on Transit Road, not far from the burglary scene, asking for directions to Texaco Town and asking to use a telephone.

Deputies and troopers converged on the area and the State Police helicopter was called in.

At about 8 p.m., while a trooper was talking to a resident and the subject of the search walked toward them and was taken into custody.

He was taken to the Batavia Barracks and questioned, but was later released from custody.

The investigation is continuing.

State Police have not said whether any physical evidence that could aid the investigation was recovered inside the house.

Previously:

Three teens from Medina face charges related to high speed chase in Batavia

By Howard B. Owens

Three teenagers from Medina are facing criminal charges following last night's high speed chase through the City of Batavia.

Angel T. Calderon, 16, of 23 S. Main St., #2, Treyvon K. Johnson, 17, of 816 S. Main St., and Syed A. Baity, 18, of 221 Commercial St., were all jailed without bail pending a court appearance tomorrow.

They are charged criminal possession of stolen property, 4th, and obstruction of governmental administration, 2nd.

The incident began around 9 p.m. when dispatchers were informed that a red pickup truck had been stolen in Medina and the truck was last seen southbound on Route 98 heading into Genesee County.

Immediately, an Elba resident reported seeing the truck pass through the village.

Soon after, Deputy Matt Fleming spotted the vehicle southbound on Route 98 and began a pursuit that reportedly reached speeds of 70 mph heading into the city.

Once on Oak Street, the truck drove over a curb by the Hess Mart and struck a pole.

Witnesses said the light pole crumbled and the truck missed by inches two young women at the gas station. The falling pole narrowly missed a Batavia resident's brand new Porsche sitting next to a gas pump. 

The truck also struck another vehicle in the area and then continued eastbound on Main Street.

After racing through city streets, the truck crashed into a fence in a residential yard at 9 Buxton Ave. and the three occupants tried to flee the scene on foot.

The occupants are allegedly Calderon, Johnson and Baity.

Two of the teens were taken into custody almost immediately. A third was captured on the track at Woodward Field/Van Detta Stadium. 

The suspect who ran toward Van Detta reportedly ran through a yard were a family was gathered and nearly ran into a pregnant woman holding another mother's baby, according to witness statements on Facebook.

A police officer suffered a minor injury during the foot pursuit.

Police believe Calderon was the driver and he is charged with reckless endangerment, 1st, unlawful fleeing a police officer, 3rd, and 33 vehicle and seven traffic law violations.

Baity was also charged with unlawful possession of marijuana.

The defendants are scheduled to appear in City Court at 11 a.m. tomorrow for a bail review.

Law and Order: DWI arrest in Bergen

By Howard B. Owens

Craig Russell Williams, 32, of Greenway Boulevard, Churchville, is charged with DWI, driving with a BAC of .08 or greater, failure to keep right and moving from lane unsafely. Williams was stopped at 12:49 a.m. on Rochester Street, Bergen, by Deputy Joseph Corona.

Ryan Christopher Riggi, 18, of Lake Street, Le Roy, is charged with unlawful possession of marijuana, unlicensed operation and failure to signal. Riggi was stopped at 1:15 a.m. Wednesday on Main Street, Batavia, by Deputy Joseph Corona.

Photo: Group of high-end luxury cars make a pit stop in Batavia

By Howard B. Owens

More than $1 million in automobile was parked at the Northside Deli this afternoon, according to owner Dave Stupp. Dave said the cars stopped while on a route from Toronto to the Hamptons as part of a California to East Coast Tour. The drivers told Stupp they worked for Aston Martin.

Photo submitted by Dave Stupp.

Second suspicious person taken into custody in area of Pavilion burglary

By Howard B. Owens

Update on the burglary in Pavilion today: A second person of interest was taken into custody by State Police on Transit Road about 8 p.m. less than two miles from the burglary location.

The man was identified as an individual who had approached two residents on Transit Road looking to use a telephone and asking for directions to Texeco Town.

After residents reported the suspicious behavior. State Police and the Sheriff's Office set up a perimeter around the area and the State Police helicopter was called in to assist in the search.

A trooper who had just joined the search stopped on Transit Road to talk with one of the homeowners and while they were talking, the subject of the search walked toward them and the trooper ordered him onto the ground.

The subject was taken back to the Batavia Barracks for questioning. No word yet confirming whether he was involved with the burglary.

Previously: Quick State Police response thwarts burglary in Pavilion, but suspects slip out before dragnet in place

High speed chase of suspected stolen truck ends with three men in custody

By Howard B. Owens

Less than 10 minutes elapsed from the time local law enforcement was informed of a suspected stolen pickup truck heading into Elba from Orleans County to the time three men were taken into custody by Batavia PD.

The report hit the scanner and an Elba resident apparently heard the APB and contacted dispatchers when the truck passed through the village.

Within two minutes, a Sheriff's deputy was behind the truck heading south on Route 98.

The truck was reportedly traveling at 70 mph. It headed into the city and struck a pole near the Hess station at Oak and Main. It then turned left onto Main and reportedly struck another vehicle.

The truck was next reported making a left onto Prospect, was reported on Richmond, then New York Place and then Genesee Street.

Sgt. Jason Davis drove north on Buxton and blocked southbound Buxton. The truck couldn't make the turn from Genesee to northbound Buxton and crashed into the fence of a front yard on Buxton.

Three men jumped from the vehicle and ran. During the foot pursuit an officer suffered a possible knee injury. 

Two suspects were taken into custody almost immediately. A third suspect ran west and was apprehended on the track of Woodward Field/Van Detta Stadium.

Sgt. Dan Coffey said it's too soon to determine what charges might be filed against the men, but they're facing possible multiple charges in Orleans and Genesee counties and the City of Batavia.

We'll provide more information about the arrests once it is available.

(Initial Report)

Quick State Police response thwarts burglary in Pavilion, but suspects slip out before dragnet in place

By Howard B. Owens

For nearly five hours today, State Police commanders figured time was on their side after receiving a report that would-be burglars were still inside a residence on Shepard Road in Pavilion.

A neighbor saw an older tan minivan pull into the driveway of the residence and two men got out and appeared to enter the house. The minivan then left.

Trooper John Szymkowiak arrived on scene within minutes of the initial report and a witness told him that the men he'd seen enter the house hadn't left.

Szymkowiak, who was dispatched just before noon, immediately called for backup and requested assistance to establish a perimeter around the house. He also requested an investigator from the Batavia Barracks and a K-9 to the scene.

State Police were assisted by the Livingston County Sheriff's Office and the uniformed and plain clothes members of the Genesee County Sheriff's Office. Deputies also set up road blocks on both ends of Shepard Road for a couple of hours and patrolled the area looking for the minivan.

With all the necessary support in place, State Police commanders took a very deliberate approach to determining whether the suspects were still inside.

"Once we have a perimeter set up, we know nobody is going to leave at that point," said State Police Lt. Kurt Schmidt. "Apparently they got out before we set up, but you can never help that. We set up a quick perimeter, so we're sure at that point that the house is ours. There's only a very few things that would make us want to hurry and none of those were present today."

The first step in the deliberate process of determining whether suspects were inside was to deploy a robot from the Livingston County Sheriff's Office. That robot, equipped with a camera, checked all around the house looking for any evidence of entry or exit.

Next, the robot unit from the State Police arrived on scene. So two robots were deployed. One was equipped with a key to the entry door from the garage. The other was used to drop a steel block in place to hold the door open once it was unlocked.

The robots then entered the house and began a room-by-room check of most of the downstairs.

With the owner watching a television over the shoulder of one of the robot operators, he could see that a TV was missing, drawers and been opened and other items were missing from their proper locations.

At that point, with confirmation that burglars had entered the house, Schmidt said the operation took an even more methodical approach to ensure no suspects were inside.

"We have technology and we're not in any big hurry," Schmidt said. "We have a visual on all sides. We have robots that go inside, so no troopers are in any danger. That takes time and you get kind of tired waiting around, but it's worth it because we don't want to take a risk."

As time dragged on, State Police began to increasingly believe the structure was empty, so members of the other agencies began to peel away and go back in service.

The robots continued to search the house and its operators told to any possible suspects inside that the robot was from the State Police and that K-9s would be sent into the house if they didn't surrender.

A door was closed to one downstairs room and a robot was positioned there, so if suspects were inside they wouldn't be able to open the door.

About this time, a man who had been found wandering down Transit Road was brought to the scene. The Rochester resident couldn't explain why he was in Pavilion, according to police, so he was taken into custody and transported to the Batavia Barracks for questioning.

"The person we're speaking to now stated he was never at this house," Schmidt said. "We believe he was, but we don't have any evidence to say he was, so he's not giving us anything -- as far as anybody else who might have been around."

The person being questioned is black. A witness could describe the skin color of the men who entered the house, but believed they were wearing colorful clothes.

The suspect vehicle is described as an older tan minivan, which was last seen on Transit Road.

After the suspicious person was taken into custody, the State Police helicopter was dispatched to conduct a search of the area.

Once the robots had searched the house a bit, Schmidt said police felt there was little chance the suspects were still inside, but as a matter of continued caution, K-9s on long leashes were sent in first.

It took about 20 minutes for troopers to clear the house and confirm the suspects were no longer inside.

It appeared that most, if not all, of the homeowner's belongings that the burglars intended to steal were stacked by the front door, waiting for the minivan to return for loading, but Szymkowiak had arrived on scene before that could happen.

Schmidt said troopers take crimes such as this seriously and do everything they can to bring the culprits to justice.

"For burglary in progress, I don't know the term, I guess, it's a hot call," Schmidt said. "That's somebody's home and it's broad daylight. None of the residents were at home, but it's a sensitive issue. Your home is your castle and somebody is entering that right during broad daylight so that gets our attention. We hope we can catch them. We hope to catch them today."

At 7:15 p.m., the helicopter was still searching the area and troopers and investigators were still on scene.

UPDATE 8:06 p.m.: A suspect law enforcement was looking for is now in custody. They had been looking in the area of Sparks, Shepard and Transit roads. They learned that a Hispanic male went to a couple of residences and asked to use the phone. One of the residents tried to keep the suspect in sight. The man asked for directions to Texaco Town.

Incident on Highland Park leads to the arrest of brothers

By Howard B. Owens
Jason Sherman Carl Sherman

An investigation into what was initially reported as a possible hostage sitation on Highland Park, Batavia, yesterday has led to the arrest of two men on criminal charges.

Carl I. Sherman, 34, of Rochester is charged with menacing, 2nd, a misdemeanor, and Jason P. Sherman, 35, of Batavia, is charged with strangulation, 2nd, and assault, 2nd, both felonies.

Carl was jailed on $5,000 bail and Jason was ordered held without bail.

The incident that brought police to Highland Park was reported around 1 p.m.

When Sgt. Dan Coffey arrived on scene, he was informed that a woman was possibly being held against her will by a person with a weapon inside a residence at 12 Highland Park.

Witnesses reported seeing a person with a handgun and that another male was carrying a baseball bat to use as a possible weapon.

A woman inside the residence was reportedly providing this information to a third party outside the residence.

Coffey called for backup and reported the possible hostage situation. Uniformed and plain clothes members of the Batavia PD and Sheriff's Office, along with State Police responded.

Nearby residents were asked to either shelter in place or congregate in the St. Anthony's parking lot for their own safety.

After nearly an hour, four people came out of the residence without incident and surrendered to police.

All four people were interviewed by investigators.

It's alleged that Jason was involved in a domestic incident Sunday with a woman at the residence and she sustained a fractured wrist and broken bone in her neck.

Yesterday, Jason's brother, Carl, allegedly went to the residence and threatened the woman with a baseball bat during an argument.

Police have not released details on whether a firearm was used or if one was found at the location. No firearm was located following an extensive search of the house.

No arrest had been made in Sunday's alleged incident because it was still under investigation at the time of yesterday's events, said Chief Shawn Heubusch.

After the four people were taken from the scene, a State Police robot was deployed to search the residence and then the residence was cleared by the Emergency Response Team to ensure no other people were hiding inside.

The Batavia Fire Department also assisted at the scene, and Mercy EMS was on standby.

Previously:

Trio suspected of dealing cocaine in Genesee and Orleans counties

By Howard B. Owens
Edgardo Aponte Sonia E. Aponte Jeremy Yantz

Three people are being accused of selling cocaine in Genesee and Orleans counties following a lengthy joint investigation by law enforcement in both jurisdictions.

A search warrant was executed yesterday at a location on Hundredmark Road, Elba, and investigators said they found cocaine and drug paraphernalia.

The suspects are suspected of selling cocaine at the residence.

Arrested where:

  • Edgardo Aponte, 41, of Hundredmark Road, Elba, charged with criminal possession of a controlled substance, 3rd, criminal possession of a controlled substance, 4th, criminally using drug paraphernalia, 2nd, criminal nuisance, 1st, and tampering with physical evidence.
  • Sonia E. Aponte, 32, of Hundredmark Road, Elba, charged with criminal possession of a controlled substance, 3rd, criminal possesion of a controlled substance, 4th, criminally using drug paraphernalia, 2nd, and criminal nuisance, 1st.
  • Jeremy S. Yantz, 32, of Washington Avenue, Batavia, is charged with four counts of criminal sale of a controlled substance, 3rd.

Edgardo Aponte was arraigned in Elba Town Court and jailed on $50,000 bail. Sonia Aponte was released under supervision of Genesee Justice. Yantz was arraigned in Town of Albion Court and jailed in Orleans County on $25,000 bail.

The five-month investigation was a joint operation by the Genesee County Local Drug Enforcement Task Force and the Orleans County Major Felony Crimes Task Force.

The Batavia PD Emergency Response Team assisted in the execution of the search warrant along with uniformed deputies, officers with Homeland Security and Rochester PD's K-9 unit.

The District Attorney's Office also assisted in the investigation.

Rail company planning fire suppression system test on Thursday

By Howard B. Owens

Press release:

The City Water Department has been notified by the Genesee Valley Railroad that it will be conducting a test of its fire suppression system for the transfer station located on Mill Street on Thursday June 27th at approximately 10 a.m. Residents should be aware that this test may cause a temporary discoloration of the water in the general vicinity of Evans and Walnut streets. Residents should avoid doing laundry until the water clarity has returned to normal.

 

Paving scheduled for South Swan and Vernon

By Howard B. Owens

Work crews are scheduled to pave South Swan Street and Vernon Avenue between 7 a.m. and 7 p.m., Thursday.

Residents are asked not to park on the road.

Residents will have limited access to their properties during paving operations.

Paving will begin on South Swan and then move to Vernon.

All other traffic is asked to avoid these streets Thursday.

Corfu trustees retroactively authorize hiring seven police officers after oversight discovered

By Howard B. Owens

Over the past several years, the Village of Corfu has hired police officers without the Board of Trustees ratifying the new hires.

The apparent oversight came up during a discussion Monday night of Mayor Ralph Peterson hiring two part-time police officers.

Peterson acknowledge that he hired the officers. He said the village department will need more manpower in July because Darien Lake has a packed concert schedule for the month.

Mark Boylan, attorney for the village, said that in the past week it's come to his attention the police officers hired in recent years were hired without being properly ratified by a vote of the trustees.

Those past hires without board approval do not justify new hires by Peterson without board authorization, Boylan said.

Trustees expressed concern that the two new officers were hired without interviews, filling out an application form or passing a background check.

Village resident Greg Lang said he saw the two new officers working on Sunday and Officer Gene Nati said he worked with one of the officers on Sunday.

Before the end of the meeting, the trustees agreed that seven officers had been hired without proper board authorization and passed a resolution authorizing all seven hires.

Peterson is expected to interview the two new officers and ask that the board ratify their employment at a future board meeting.

Trustee Art Ianni expressed frustration that Peterson hired two officers -- an expenditure of $5,000 or $6,000 -- without board discussion.

"Can't we have a little discussion here?" Ianni asked.

Peterson said the new hires were within budget.

Lang accused Peterson of trying ram through the hires and once again being "dictatorial."

"Don't say I've got to stop talking," Lang said. "I'm a taxpayer in this community. One of the highest taxpayers in this community and this is ridiculous. What's going on, Rosie? You keep just going and going and going. What's going to be the next meeting, Rosie? I can't stand it any more, sitting here looking at this. It's absolutely ridiculous."

The meeting started with an update on the joint Pembroke-Corfu sewer project.

Bids have been received from contractors and the cost of Corfu's part of the project will run $750,000 more than budgeted. 

Both Corfu and Pembroke have received Department of Environmental Conservation grants for the project -- for Corfu, grants to help pay for upgrades to the sewer treatment plant and for Pembroke grants to help pay for transmission lines.

The state favors the project moving forward as a joint facility because of the potential economic development in the area, which is why the Genesee County Economic Development Center is putting in more than $800,000 into the project.

Bids for Pembroke's share the project are approximately $750,000 less than budgeted, so if the DEC and Comptroller's Office will approve the transfer, some of Pembroke's grant money will go to Corfu, plus a portion of the money pledged by GCEDC will help offset the higher-than-anticipated bids.

As part of the deal, rate payers in Pembroke's sewer district will pay 3 percent less than the rate originally set. The decrease will mean that both Corfu and Pembroke rate payers will pay $6.24 per thousand gallons of sewage.

The issue of Peterson trying to get former Trustee Al Graham banned from the sewer treatment plant was also discussed.

Peterson said he had an agreement with the owner of Camden Group, Graham's employer and contractor that runs the sewer plant, that Graham be barred from the facility.

Trustees were unanimous in telling Peterson that they thought Graham should be allowed on the property and that his expertise would be necessary during the sewer project.

Peterson said it's always been his position that if Trustee David Bielec, who is the trustee in charge of overseeing the sewer project, wanted Graham involved, than Graham could have access to the sewer property.

Bielec said he did want Graham to participate.

The board also voted 3-0, with Peterson and Trustee Keith Busch abstaining, to authorize Boylan to take legal action to recover more than $10,000 in alleged missing funds from former village justice Robert Alexander.

Peterson tried to question whether it's been proven that the funds are missing. Boylan said the village has a Comptroller's audit showing the funds are missing. He said that by law, Alexander is obligated to pay the village back for the missing funds, regardless of how the funds went missing.

Busch said he abstained because he wasn't a trustee at the time the missing funds issue first surfaced.

Peterson wasn't going to vote at all on the motion -- until goaded by village residents in attendance to say what his vote was.

Top photo: Trustee Ianni with Peterson, while Ianni complains about the lack of discussion for hiring two new police officers.

Genesee County's unemployment rate is lowest it's been since December 2008

By Howard B. Owens

Genesee County's unemployment rate for May 2013 is the lowest it's been in 57 months, according to data released today by the NYS Department of Labor.

At 6.2 percent, it hasn't been lower since Dec. 2008, when the rate was 5.6 percent.

The previous month, April, Genesee County's rate was reported at 7.1 and a year ago May it was reported at 7.4 percent.

In the prior 18 months, the county's unemployment rate dipped below 7 percent only once.

The lowest rate for the county since the turn of the century was 3.2 percent in October 2000.

The state's unemployment rate is said to be 7.4 percent, down from a year ago but up 1/10th of a percent since April 2013.

The nation's rate is 7.3 percent.

Orleans County is 8.4 percent, Wyoming 7.1 and Livingston 7.1.

The Rochester area's rate is reported at 7.0 and Buffalo at 7.3.

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