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Candidates lining up to replace Collins on ballot after he drops out of the race

By Howard B. Owens

The tweet that changed the complexion of the NY-27 congressional race had barely reached all of the followers of @repchriscollins before Republicans with aspirations to serve in Congress started declaring their interest in replacing Rep. Chris Collins on the GOP line of the November ballot.

Dick Siebert, chair of the GOP in Genesee County, said he's already heard from three candidates, including two from Batavia -- Steve Hawley and David Bellavia.

It will be up to the county chairs in the NY-27 -- given that the primary season is already past and it's less than three months to Election Day -- to pick whose name goes on the R line instead of Collins.

That is if a legal way can be found to get the incumbent's name off the ballot. Possibilities include, or so we are told, finding another elected office to appoint Collins to, such as a judgeship, or having Collins declare permanent residency in Florida.

"My reaction?" Siebert said when asked for his reaction to Collins suspending his campaign. "I was relieved that he did it. It was the right thing to do."

This morning, well before Collins announced he was getting out of the race, The Batavian interviewed Michael Caputo, a GOP political consultant from Buffalo and a close ally of President Donald Trump. Caputo talked at length about all the ways Collins staying in the race harmed Republicans and threatened the very survival of Trump's presidency.

"The scandal and prosecution are in small but profound ways a bad reflection on the president," Caputo said. "I don't think Chris Collins will ever darken the doorstep of the Oval Office again."

The president, Caputo said, learned a powerful lesson when he looked past allegations against Judge Roy Moore in the run-up to his Alabama Senate race about the Republican candidate's reputation for chasing teenage girls. 

Caputo said the closer he gets to Collins at this point, the greater the risk it will blow back in his face and he doesn't want a repeat of the Roy Moore fiasco.

"The president is inclined to look past mere partisan allegations because he weathers so many of those himself, but this 30-page indictment of the wealthy trying to preserve their wealth, it's a terrible look in the New York 27th, where the vast majority of voters are low to middle class on the economic scale," Caputo said.

It was Caputo who first introduced Trump to Collins in 2014 when Trump was considering a run for governor. Collins endeared himself to Trump during the 2016 campaign by being such a strong defender of Trump in television appearances but all that goodwill evaporated when Collins was arrested.

Then Collins became a liability, both because of the perception of his close proximity to the president, and because there is a recognizable danger of Republicans losing control of the House in the midterms.

"It may boil down to one or two seats," Caputo said before we knew Collins was dropping out of the race. "It may boil down to Nate McMurray and Chris Collins. If we lose control of the house, there will be impeachment proceedings, no doubt about it."

In an analysis of data about scandal-plagued incumbents running for reelection, the political prognostication site 538 gives Collins a slender 2 or 3 percentage point chance of winning the election in November.

With the race potentially cut down to a margin of two or three points, Caputo thought it would be a hard race for Collins to win without an energized base. He was already seeing rank-and-file party leadership peeling away from Collins since his arrest.

Collins would not be able to run an effective campaign without squarely addressing the allegations, which at his Wednesday press conference he was unwilling to do, Caputo said. Every time he appeared in public, the press would be there and the lasting image, if Collins wouldn't answer questions, would be of him running away from reporters.

And his own supporters wouldn't have been willing to defend him, then, in their neighbor-to-neighbor conversations.

"One by one, they (would) drop away and in the end, he (wouldn't) have the people to mount an effective get-out-the-vote effort," Caputo said.

That is the kind of tough-love analysis Collins probably heeded when he said in his withdrawal statement, "After extensive discussions with my family and my friends over the last few days, I have decided that it is in the best interests of the constituents of NY-27, the Republican Party and President Trump’s agenda for me to suspend my campaign for reelection to Congress."

The process for picking GOP congressional candidates for the GLOW region is heavily weighted toward Erie County and that process over the past decades has given us: Tom Reynolds, who retired under a cloud of scandals involving Rep. Mark Foley and the treasurer of National Republican Congressional Committee while Reynolds was chair; Chris Lee, who resigned after he was reportedly trolling for transgender women on Craigslist; and now, Chris Collins, accused of insider trading.

It's too soon to know if there are other GLOW-based candidates who might be interested in the seat beside Hawley and Bellavia, but there are Hawley and Bellavia. 

Steve Hawley, a six-term member of the state Assembly, was born and raised in Batavia, is a farmer, local business owner and was a member of the Ohio Army National Guard and the United States Army Reserves.

"Collins has suspended his campaign, whatever that means, but it's not clear if that means his name stays on the ballot or there may be some way to get his name off the ballot," Hawley said. "If that were to occur, I am proud to continue serving and helping people at any level of government and this is something I will look at if it comes up and certainly make a strong push for it."

David Bellavia was born and raised in Buffalo but is a longtime resident of Batavia. He is an American Iraq War veteran who was awarded the Silver Star for his actions during the Second Battle of Fallujah, along with other military awards and honors. He is currently a talk show cohost on WBEN. He lost a 2012 primary race to Collins, though he beat Collins in every county but Erie and Niagara.

"This is something I've dedicated 10 years of my life to doing," Bellavia said. "I'm committed myself since 2012  to correct my deficiencies in Erie and Niagara counties. I'm ready to run."

Previously:

Chris Collins suspends campaign for Congress

By Howard B. Owens

Rep. Chris Collins announced this morning that he has dropped out of the race for the NY-27 congressional seat.

“After extensive discussions with my family and my friends over the last few days, I have decided that it is in the best interest of the constituents of NY-27, the Republican Party and President Trump’s agenda for me to suspend my campaign for reelection to Congress,” he wrote in a statement posted on his official Twitter account.

Collins was arrested Wednesday morning on federal charges of securities fraud, wire fraud, and lying to the FBI.

UPDATE: The congressman's press office just issued this statement:

"Democrats are laser-focused on taking back the House, electing Nancy Pelosi Speaker and then launching impeachment proceedings against President Trump. They would like nothing more than to elect an 'Impeach Trump' Democrat in this District, which is something that neither our country or my party can afford.  

After extensive discussions with my family and my friends over the last few days, I have decided that it is in the best interests of the constituents of NY-27, the Republican Party and President Trump’s agenda for me to suspend my campaign for reelection to Congress.  

I will fill out the remaining few months of my term to assure that our community maintains its vote in Congress to support President Trump’s agenda to create jobs, eliminate regulations, reduce the size of government, address immigration and lower taxes.

I will also continue to fight the meritless charges brought against me and I look forward to having my good name cleared of any wrongdoing.”

Grand Jury Report: Man accused of arson and attempted murder in Maple Street fire

By Billie Owens

Plush Dozier, AKA Plush Kevin Dozier, is indicted for the crime of first-degree arson, a Class A-1 felony. It is alleged that on the night of June 15 or the early morning of June 16 that he intentionally damaged a building -- a residence on Maple Street in the City of Batavia -- by causing a fire. This fire caused serious physical injury to another person, who was present and not a participant in the crime, and the defendant allegedly knew the person's presence inside the residence was a reasonable possibility. In count two, Dozier is accused of second-degree attempted murder, a Class B felony. It is alleged in count two that at the time of the crime, Dozier acted with intent to commit murder in the second degree -- to intentionally cause the death of another person -- and engaged in conduct to that end.

Torrence C. Greene is indicted for the crime of criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on Feb. 2 in the City of Batavia that Greene knowingly and unlawfully possessed a narcotic drug -- cocaine -- with intent to sell it. In count two, he is accused of the same crime for allegedly knowingly and unlawfully possessing one or more preparations, compounds, mixtures or substances containing cocaine that had an aggregate weight of one-half ounce or more.

Michael J. Mawn is indicted for the crime of aggravated unlicensed operation in the first degree, a Class E felony. It is alleged that on May 14 in the Town of Stafford that Mawn drove a 2000 Jeep Cherokee on Route 33 knowing or having reason to know that his driver's license was suspended, revoked or otherwise withdrawn by authorities. It is further alleged that he did so while under the influence of alcohol. In count two, he is accused of DWI, as a misdemeanor, for allegedly driving while intoxicated on that day. In count three, Mawn is accused of driving while ability impaired by alcohol for allegedly driving that day while his ability to do so was impaired by the consumption of alcohol. In count four, he is accused of speeding, a vehicle and traffic law infraction, for allegedly driving in excess of the 55-mph speed limit. In Special Information filed by the District Attorney's Office, Mawn is accused of having been convicted of DWI, as a misdemeanor, on Jan. 7, 2005, in Monroe County Court and that conviction forms the basis for the suspended or revoked license referred to in count one. It further states that Mawn knew or should have known that his license was revoked because of the conviction and the revocation was still in effect when he committed the crimes alleged in the current indictment.

Gary D. Burney is indicted for the crime of bail jumping in the second degree, a Class E felony. It is alleged that Burney was released from custody or allowed to remain at liberty by court order, either upon bail or his own recognizance, upon condition he would subsequently personally appear in Genesee County Court in connection with a felony charge against him. He failed to appear on Jan. 9 or voluntarily within 30 days thereafter, hence the indictment.

Collins has reportedly used campaign funds to pay legal fees amidst ethics and criminal investigations

By Howard B. Owens

CNBC reported today that Federal Election Commission records show that Rep. Chris Collins has been using campaign funds to pay attorneys while under investigation for alleged insider trader acts.

The records indicate Collins has used donor money to fund up to $60,000 of his legal defense.

The payments were made to the legal firm of BakerHostetler.

The use of campaign funds to pay for legal fees is legal.

These legal fees covered the time period of two separate House probes, including one by the Office of Congressional Ethics and another by the House Ethics Committee.

A spokesman for the Collins legal team confirmed that the payments from the campaign were for the investigation by the nonpartisan Office of Congressional Ethics and an ongoing inquiry by the House Ethics Committee. Going forward, the congressman will pay for his legal bills out of his own pocket, the spokesman added.

Law and Order: Tennesee man accused of attempting to run down people at church in Batavia

By Howard B. Owens

Paul David Hussey, 63, of Highway 13, South Hurricane Mills, Tenn., is charged with four counts of attempted assault with a dangerous instrument, 1st, four counts of reckless endangerment, criminal possession of a controlled substance, and driving while ability impaired by drugs. Hussey is accused of attempting to run over patrons of the Northgate Free Methodist Church, 8160 Bank Street Road, Batavia, at 6:59 p.m. Wednesday. He was allegedly found in possession of methamphetamine. He was jailed on $25,000 bail, $50,000 bond.

Joseph T. Sieg, 23, of French Road, Depew, is charged with menacing, 2nd, DWI, aggravated unlicensed operation, leaving the scene of a property damage accident, and driving without inspection. Sieg allegedly threatened four people by displaying a knife during a disturbance on Telephone Road, Pavilion, at 9:28 p.m. Wednesday.

Collins mum on substance of insider trading charges, refuses to take questions at press conference

By Howard B. Owens

collinspresseraug82018b.jpg

With barely a mention of the insider-trader charges he is facing, Rep. Chris Collins held what was billed as a press conference at the Embassy Suites in Buffalo on Wednesday evening and vowed to fight vigorously to clear his name.

He called the charges -- detailed at length earlier Wednesday in a 22-page Securities and Exchange Commission civil complaint -- "meritless" but offered no details on why he believes he has been unfairly charged.

With his wife, Mary Sue, standing placidly by his side, Collins held forth for nearly seven minutes on: his successes in business; his record as Erie County executive; his belief in the company at the heart of the insider trading allegations -- Innate Immunotherapeutics Ltd.; and his hope of finding a treatment for secondary progressive multiple sclerosis.

"I believe I acted properly and within the law at all times with regard to my affiliation with Innate throughout my tenure in Congress," Collins said. "I have followed all rules and all ethical guidelines when it comes to my personal investments including those with Innate. 

"I look forward," he added later, "to being fully vindicated and exonerated, ending any and all questions relating to my affiliation with Innate." 

After vowing that his name will be on the ballot for the NY-27 election in November, Collins walked off stage and refused to acknowledge reporters' questions.

The man prosecuting Collins, Geoffrey Berman, U.S. Attorney for the Southern District of New York, a Trump appointee, was far more detailed in a press conference in New York City earlier in the day. Berman and other federal law enforcement officials talked for nearly 30 minutes about the scheme they allege Collins enabled by his failure to keep confidential information he was legally and ethically bound to not share with anyone, not even his son.

According to Berman, however, as soon as Collins received the devastating news that a clinical trial for a promising MS drug developed by Innate had failed, Collins -- while attending a Friday afternoon Congressional picnic at the White House -- repeatedly attempted to call his son, Cameron Collins, a major shareholder of Innate stock. When he finally reached him -- while Collins was still pacing on the lawn of the White House -- father and son spoke by phone for six minutes.

That unleashed, Berman said, a frenzied four days of insider trading as the "tip tree" allegedly headed by Collins, got to work passing on info and dumping stock as soon as each member of the tip tree found out about the failed trial. Cameron managed to unload more than $570,900 in Innate stock that would become nearly worthless once the results of the trial were finally released the night of June 26, a Monday, by Innate.

"Congressman Collins couldn't keep his crime a secret forever," Berman said. "The FBI asked to interview him. And instead of telling the truth, he lied. And so did Cameron Collins and so did Stephen Zarksy. By lying to the FBI, they compounded their insider-trading crime with the crime of criminal cover-up."

The tip tree allegedly involved Cameron's girlfriend, a CPA, her father, her mother, along with other friends and family members.

Cameron Collins' girlfriend, Lauren Zarsky, and her mother, Dorothy Zarsky, have already settled with the SEC, admitting to their role in the insider-trading scheme and promising to pay back their "ill-gotten gains." Lauren Zarsky will also be prohibited from working as a CPA before the commission for five years.

"Accountants who engage in illegal insider trading should not serve in the role of gatekeeper in our securities markets," said Stephanie Avakian, co-director of the SEC.

The investigation into the alleged tipping tree began, according to Steven Peikin, head of the enforcement division of the SEC, after regulators noticed the unusual trading pattern of Cameron Collins.

According to the civil complaint, Cameron Collins, who at one time owned 5.2 million shares of Innate stock, initiated dozens of trades in increments small enough to avoid depressing the stock price but at high enough volumes that he could quickly unload all of the Innate stock he held in a U.S. brokerage. 

"When members of the market abuse unit, a specialized group within the division of enforcement, uncovered suspicious trading by Cameron Collins they did not stop there," Peikin said. "As you heard, they identified well-timed trades by people close to him including his girlfriend, her mother, her father and her father's relative and a friend."

According to Peikin, numerous investigators with the SEC, the FBI and the U.S. Attorney's office worked on the case tirelessly for months, compiling a growing body of evidence that led them to Chris Collins, his son, the Zarsky family and their friends.

"(They) developed a thorough and compelling evidentiary record," Peikin said. "That record, which is summarized in the complaints, consists of e-mails and text messages, cell phone records, trading data, communications, including recorded calls with brokerage firms, IP log-on information and other (information). It reflects frantic efforts by tippers to convey inside information and traders to sell their shares before the company's negative news announcement."

Attorneys for Chris Collins tried to make the case Wednesday that Collins is not guilty of insider trading because he did not sell any of his own stock in the company. During his time on the dais at Embassy Suites on Wednesday evening, talking in front of about 30 reporters, Collins echoed the sentiment.

"When it became clear that the drug I and others believed in fell short of our hopes and expectations, I held on to my shares rather than sell them as a result," Collins said.

It's not part of the allegation against Collins that he engaged insider trading by selling stock, however. The allegation is that he initiated a tip tree that caused others to sell based on information he was duty-bound to keep confidential.

"Congressman Collins had an obligation and a legal duty to keep that information secret until that information was released by the company to the public," Berman said. "But he didn't keep it secret. Instead, as alleged, he decided to commit a crime. He placed his family and friends above the public good. Congressman Collins was a major investor in Innate and so was his son, Cameron. The congressman knew he couldn't sell his own shares for personal and technical reasons, including that he was already under investigation regarding Innate by the Congressional Ethics Office."

At the time Chris Collins was informed by the Innate CEO via an email that the clinical trials had failed, all of the stock held by Collins was tied up in an Australian brokerage. In May of 2017, Collins attempted to transfer his stock holdings to a U.S. brokerage, according to the civil complaint, but a mistake in the form delayed the transfer. Cameron Collins completed his own transfer between countries in early June. Once Innate knew it would be making a material announcement about the company, under Australian securities rules, trading of the stock was suspended. That rule didn't apply to the stock held by Cameron Collins once it was transferred to a U.S. brokerage or the other alleged members of the tip tree, so they were able to offer their stocks for sale as a penny stock on the over-the-counter Pink market under the ticker symbol INNMF.

The SEC takes a dim view of insider trading because trust is an important component of an open securities market. When traders buy or sell stock in a company based on information not available to the general public, it violates that trust.

"Insider trading is not just illegal," Peikin said. "It is also corrosive. It threatens investor confidence in the fairness and integrity of our markets. For our capital markets to retain their place as the envy of the world, the SEC and its law enforcement colleagues must be vigilant in policing against this misconduct."

Joshua Dent, president of Dent Wealth Management in Batavia, said that is exactly the attitude he expects from the SEC and it's critical to how he and his colleagues do their jobs. They need to know the securities they recommend to investors are being traded honestly and fairly.

"Stocks are traded on information and it's critical for that information to be accurate," Dent said. "Companies can get in trouble for falsifying that information to investors. At the same time, access to that information must be open to all investors or it gives some individuals an unfair advantage. Anything that causes investors to mistrust the fairness of the market is dangerous and threatens the integrity of the entire stock market."

While anybody who bought Innate stock at the time Cameron and others were selling may have lost money on the trade, it's impossible to say that they lost money because the alleged insiders were selling. The buyers were all willing buyers, Dent explained. They probably would have been looking to purchase stock in Innate even if the alleged insiders hadn't been trading. If they bought at the share price available -- about 45 cents at the time -- they would have lost their shirts by June 27 regardless of who was selling the stock. They traded on the information available to the general public and likely would have made those trades even without the alleged insiders trading. 

"There's no recourse for them because they could have bought the stock from anybody and they were willing to buy at that price," Dent said. "It's not necessarily about the victims as much as the unfairness that the Collins's were able to avoid losses and threaten the credibility of the market. The victims are basically all investors because if some people are able to receive and act on insider information and others cannot, then, as I said, it threatens the credibility of the stock market. The credibility of the stock market is based on the ability of investors to trust a fair exchange."

Chris Collins, Cameron Collins, and Stephen Zarsky each face 13 counts of securities fraud, wire fraud, and making false statements. If convicted, they each could be looking at five years in prison.

As a result of his arrest in Manhatten this morning, Collins is already facing consequences in the House of Representatives. Speaker Paul Ryan removed Collins from the House Energy and Commerce Committee.

“While his guilt or innocence is a question for the courts to settle, the allegations against Rep. Collins demand a prompt and thorough investigation by the House Ethics Committee," Ryan said. "Insider trading is a clear violation of the public trust. Until this matter is settled, Rep. Collins will no longer be serving on the House Energy and Commerce Committee.”

During today's press conference in New York City, Co-director of the SEC Avakian addressed those tempted by insider trading.

"Here's a better inside tip for those who think they can play by a different set of rules: Access to this kind of information carries with it significant responsibility, especially for those in society who hold a position of trust, to act honorably and in accordance with the law, and do not lie to special agents of the FBI," she said.

Video: Chris Collins "press conference" in Buffalo on Wednesday evening:

CBS News carried the press conference about the charges against Collins live. In the video below, the press conference starts at about the 6:45 mark.

CBS News also obtained exclusive video taken at the White House on June 22 during the Congressional picnic. It shows Collins on the phone at 7:17. The email informing board members of the failed clinical trials went out at 6:55 p.m. Collins allegedly tried multiple times to get in touch with Cameron Collins and when finally did, they allegedly spoke to each other for about six minutes.

CORRECTION: Earlier we referred to the document used in this story as a "criminal complaint." The document in the possession of The Batavian at the time this story was written was actually from the SEC and is a civil complaint. There is also a federal indictment that The Batavian had not yet obtained when this story was written.

Law and Order: Man charged with menacing and assaulting pregnant female on Gabbey Road in Pembroke

By Billie Owens

Patrick Allen Thompson, 36, of Gabbey Road, Pembroke, is charged with third-degree assault, endangering the welfare of a child, and third-degree menacing. He was arrested following a domestic incident at an upper apartment on Gabbey Road in Pembroke at 9:53 p.m. on Aug. 5. Thompson allegedly assaulted another party, thereby endangering the welfare of the pregnant victim's unborn child. He also allegedly menaced the same victim by making a threat and following it up with physical injury. He was arraigned in Town of Pembroke Court and jailed in lieu of $10,000 cash bail or $20,000 bond. He is due in Town of Pembroke court at 4:30 p.m. on Tuesday, Aug. 14. The case was investigated by Genesee County Sheriff's Deputy Andrew Mullen, assisted by Deputy Michael Lute.

Stephanie M. Burmeier, 33, of Payne Avenue, North Tonawanda, is charged with petit larceny and second-degree harassment. She was arrested at 6:10 p.m. on Alleghany Road in Darien after allegedly stealing merchandise from a souvenir shop inside Darien Lake Theme Park and Resort, then kicking one of the security officers who was attempting to detain her. The case was handled by Genesee County Sheriff's Deputy James Stack.

Minnie M. Henry, 30, of Central Avenue, Batavia was arrested on Aug. 6 on a bench warrant out of Batavia City Court. On Aug. 6, Batavia PD responded to 41 Central Ave. for an open 9-1-1 (hang-up) call and the defendant was subsequently arrested on the bench warrant. She is now charged with resisting arrest because she allegedly physically resisted police efforts to arrest her on the bench warrant. The defendant was jailed on $5,000 cash or bond. Henry is due in court on Thursday (Aug. 9). The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Nicole McGinnis.

Noel Marie Wentworth, 49, of Pringle Avenue, Batavia, is charged with petit larceny. She was arrested at 12:56 p.m. on Aug. 5 at Tops Friendly Market on West Main Street in Batavia after Tops' loss prevention personnel observed her allegedly stealing over-the-counter medication. She was issued a computer-generated appearance ticket and is due in Batavia City Court on Aug. 14. The case was handled by Batavia Police Det. Eric Hill.

SEC complaint against Collins reveals alleged insider trading saved sellers $768,600

By Howard B. Owens

Here is a summary of the civil complaint against Rep. Chris Collins and his co-defendants on charges of insider trading. Indented paragraphs are direct quotes from the document. Paragraphs that are not indented are summaries, sometimes containing direct quotes. To read the full complaint, click here (pdf)

On Thursday, June 22, 2017, Christopher Collins, then a member of the board of directors of Innate Immunotherapeutics, Ltd. (“Innate”) and a U.S. Congressman representing the 27th Congressional District of New York, learned material, nonpublic information about clinical trial results for a drug being developed by Innate. That evening, Innate’s CEO emailed Christopher Collins and other members of Innate’s board to report “extremely bad news” that the trial results “pretty clearly indicate[d] ‘clinical failure.’ ” 

Christopher Collins responded to the email and then approximately 15 seconds later began attempting to reach his son, Cameron Collins. After exchanging several missed calls, Christopher Collins and Cameron Collins connected and spoke for six minutes. Over the next two trading days, between the opening of the market on Friday, June 23, and the close of the market on Monday, June 26, and while the clinical trial results were still nonpublic, Cameron Collins sold a total of nearly 1.4 million Innate shares based on material, nonpublic information he received from Christopher Collins. Cameron and Christopher Collins spoke by telephone at least nine times during that same time period. 

Camaron Collins then allegedly spoke with four individuals, including Stephen Zarsky, who allegedly called two other individuals.

Allegedly, within minutes of hearing from Camaron Collins and his girlfriend, his girlfriend's mother sold her shares of Innate.

Both Camaron Collins and Stephen Zarsky allegedly placed orders the next morning to sell Innate shares.

Later that day, Stephen Zarksy's brother allegedly placed an order to sell his shares of Innate.

Finally, on the morning of Monday, June 26, Cameron Collins tipped a friend who had previously bought Innate shares on his recommendation. Five minutes later, Cameron Collins’s friend placed an order to sell all of his Innate shares. 

On the evening of Monday, June 26, 2017, Innate announced the negative results of the drug trial to the public. On the next trading day, Innate’s share price plummeted over 90 percent to $0.0351 from the previous day’s close of $0.45.

In the four days prior to the June 26 announcement, the alleged co-conspirators sold 1.78 million Innate shares. Additionally, Zarsky's contacts allegedly sold another 25,000 shares.

Collectively, the group allegedly avoided losses of $768,600.

As of June 22, 2017, his son Cameron Collins owned over 5.2 million shares of Innate, most of which Christopher Collins had purchased for him.

In early June 2017, Innate informed its board of directors that they would not be​ permitted to trade Innate securities between June 5 and July 11, 2017, because results of the clinical trial would be released imminently. This blackout period was later modified to allow board members and other insiders to trade 24 hours after the trial results were announced publicly.

Based on seemingly positive news related to the drug Innate was developing in the spring of 2017, "On June 15, 2017, Cameron Collins opened a new brokerage account and used funds from his 401(K) account to purchase 16,508 additional shares."

Likewise, five days later, Cameron Collins’s girlfriend invested in Innate for the first time on June 20, 2017, buying 40,464 shares in a brokerage account that she had opened the previous day. 

The indictment quotes text messages from the mother of Camaron Collins girlfriend that indicate Chris Collins was providing information about Innate to her and her husband in the fall of 2016.

On September 9, 2016, Cameron Collins’s girlfriend’s father, Stephen Zarsky, purchased 200,000 shares of Innate. Her mother purchased 50,000 shares the next business day. Stephen Zarsky made additional subsequent purchases. He and his wife purchased a total of 353,005 shares of Innate prior to the relevant trading. 

At approximately 6:55 p.m ET, Innate’s CEO emailed the board of directors, stating that he had “extremely bad news to​ report” and that the results “pretty clearly indicate ‘clinical failure.’ ” He also reported that the consultants “cut and diced the data multiple times/ways to see if there were some meaningful positives, [but] could not find any.” This information was material and nonpublic.

Christopher Collins received the CEO’s email while attending an official event on the South Lawn of the White House. At approximately 7:10 p.m. ET, while still at the event, Christopher Collins responded to the email, “Wow. Makes no sense. How are these results even possible???”

At that point, Chris Collins tried repeatedly to contact his son. The indictment then goes on for several paragraphs detailing the activities mentioned above regarding communications and trading of the stock by the alleged conspirators.

Unlike the other tippees, because of his large position in Innate, Cameron Collins could not sell all of his Innate shares at once without potentially causing a negative impact on the share price. Throughout Friday, June 23 and Monday, June 26, 2017, the two trading days before Innate publicly announced the bad results of the MIS416 clinical trial, Cameron Collins entered at least 58 orders to sell blocks of Innate shares he owned. His trading pattern is consistent with an effort to sell shares quickly while minimizing impact on the share price.

During that trading period, Cameron Collins and Chris Collins allegedly spoke multiple times. Cameron Collins allegedly placed multiple sell orders, sometimes attempting to set a limit price (the sell order won't go through unless the buyer is willing to pay that price or higher) when the limit orders didn't sell, he would place a sell order at "any price," according to the indictment.

The sales by Cameron Collins, his girlfriend, and her parents, including Stephen Zarsky, made up more than 53 percent of the stock’s trading volume that day and exceeded Innate’s 15-day average trading volume by more than 1,454 percent. Innate shares closed at $0.54 per share on June 23, an increase of $0.02 over the prior day’s close.

The next day, Cameron Collins allegedly attempted to place 36 sell orders. In 33 cases, there were willing buyers. He moved 775,000 shares of Innate stock.

In May, shares of Innate owned by Christopher Collins and Cameron Collins were held in an Australian brokerage. Chris Collins initiated the paperwork to transfer the shares to a U.S. brokerage, including opening an account in his daughter's name. The transfer was completed for Cameron Collins on June 9. However, there were apparently errors in the forms for Chris Collins and his daughter. "Thus, at the time that Christopher Collins learned the results of the MIS416 clinical trial on June 22, neither he nor his daughter was able to sell Innate shares in the U.S."

After news reached a reporter June 26 of the failed clinical trial, the reporter called a Collins staff member. Chris Collins then called his son. His son then executed a trade in Australia to sell all of his remaining Australian shares, a total of 3,825,000.

On June 29, 2017, the local newspaper published an article entitled, “Collins’ office says family, chief of staff held onto stock as it sank.” The article contained a statement issued by Christopher Collins’s office worded to dispel any suspicion of insider trading by the Collins family: “Neither Chris Collins [nor his daughter] . . . have sold shares prior, during, or after Innate’s recent stock halt . . . Cameron Collins has liquidated all of his shares after the stock halt was lifted, suffering a substantial financial loss.” 

The statement by Christopher Collins’s office omitted the fact that Cameron Collins sold almost 1.4 million Innate shares on the OTC Pink market during Innate’s ASX trading halt, prior to the public announcement of the bad drug trial results, avoiding losses of approximately $570,900. Similarly, it did not disclose that Christopher Collins and his daughter could not sell their Innate shares at that time because their efforts to transfer them to a U.S. brokerage account prior to the announcement of the results of the MIS416 clinical trial had failed. 

A portion of the relief sought by prosecutors includes:

Ordering Defendants to disgorge, with prejudgment interest, all illicit trading profits, avoided losses, or other ill-gotten gains received by any person or entity as a result of the actions alleged herein;

Ordering that Defendant Christopher Collins be prohibited from acting as an officer or director of any issuer that has a class of securities registered pursuant to Section 12 of the Exchange Act [15 U.S.C. § 78l] or that is required to file reports pursuant to Section 15(d) of the Exchange Act [15 U.S.C. § 78o(d)];

CORRECTION: Earlier we referred to the document used in this story as a "criminal complaint." The document in possession of The Batavian at the time this story was written was actually from the Security and Exchange Commission and is a civil complaint.  There is also a federal indictment that The Batavian had not yet obtained when this story was written.

Chris Collins reportedly indicted by federal grand jury on insider trading charges

By Howard B. Owens

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Rep. Chris Collins is facing federal charges related to alleged insider trading, according to a breaking news report from CNBC.

The report says Collins has been arrested on the charges and his co-defendants include his son Cameron Collins, and the father of his fiancee, Stephen Zarsky.

The defendants are accused of securities fraud, wire fraud, conspiracy, and making false statements, all related to publicly traded stocks of an Australian biotechnology company, Innate Immunotherapeutics. 

Collins is on the board of directors for the company.

According to the CNBC report, the indictment accuses Collins of passing nonpublic information about the company's drug trials to his son to help him "make timely trades in Innate stock" and that his son allegedly passed information to Zarsky who is accused of passing that information to unnamed co-conspirators.

Collins reportedly surrendered to federal agents in Manhattan this morning and was taken into custody. He is scheduled to appear in Federal court later today.

UPDATE 10:30 a.m.: Attorneys for Collins issued the following statement:

"We will answer the charges filed against Congressman Collins in Court and will mount a vigorous defense to clear his good name. It is notable that even the government does not allege that Congressman Collins traded a single share of Innate Therapeutics stock. We are confident he will be completely vindicated and exonerated.

Congressman Collins will have more to say on this issue later today."

Photo: File photo.

Three arrested, eight get intent-to-consume alcohol citations at Aug. 4 Dierks Bentley concert at Darien Lake

By Billie Owens

Three people were arrested by the Genesee County Sheriff's Department during the Aug. 4 Dierks Bentley concert at Darien Lake Performing Art Center. In addition, eight people under age 21 were cited for possession of alcohol with intent to consume.

All 11 cases are were issued appearance tickets for Aug. 16 in Darien Town Court.

Arrests:

  • Steven J. Bopp, 30, of Evergreen Street, Spencerport, for trespassing and obstructing governmental administration for allegedly running into a restricted area and then fighting with law enforcement while being place under arrest;
  • Michael R. Wnek, 25, Continental Avenue, Holland, for trespass after allegedly attempting to reenter the concert venue after being ejected and told not to return;
  • Joshua D. Amsdill, 29, of South Lyndonville Road, Lyndonville, for criminal trespass in the third degree after allegedly reentering the concert venue after being ejected and told not to return.

Possession of alcohol with intent to consume (punishable by a fine and/or no more than 30 hours of community service):

Jackson W. Egan, 20, of Hurlburt Road, Forestville;

Emily J. Gizowski, 19, of Laona Road, Forestville;

Bret M. Weaver, 19, of Route 39, Forestville;

Craig D. Heitzenrater, 19, of Hartland Road, Barker;

Alyssa A. Babinger, 19, of Sagebrush Lane, Lancaster;

Tara L. Balsavage, 18, of Michaels Walk, Lancaster;

Cara R. Marrano, 19, of Stone Hedge Drive, Lancaster;

Amanda E. Fiegl, 20, of Goodrich Road, Clarence.

Pair of arrests at Aug. 3 Slayer concert at Darien Lake

By Billie Owens

Two people were arrested by the Genesee County Sheriff's Department during the Aug. 3 Slayer concert at Darien Lake Performing Arts Center. They are:

  • Christopher D. Tedesco, 40, of Wendel Avenue, Buffalo, who was arrested for criminal possession of a controlled substance in the 7th degree after allegedly being found in possession of a controlled substance;
  • Adam J. Genson, 34, of Lincoln Avenue, Lockport, who was arrested for disorderly conduct after allegedly urinating in public.

Law and Order: 53-year-old man accused of pushing and following pair of little girls in Batavia

By Billie Owens

Alejandro Chaparro, 53, of Braley Road, Ransomville, is charged with two counts of endangering the welfare of a child and two counts of second-degree harassment. At 9:29 p.m. on Aug. 4, following an investigation into a harassment complaint, Chaparro was arrested on Main Street Road in Batavia. He allegedly pushed and followed an 11-year-old girl and a 9-year-old girl. He was arraigned in Town of Batavia Court and is due back there on Aug. 27. The case was investigated by Genesee County Sheriff's Deputy Joshua Brabon, assisted by Deputy Andrew Mullen.

Paul R. Hogle, 53, of Vallence Road, Le Roy, was arrested on Aug. 2 by Le Roy Police Department and charged with one count of stalking in the fourth degree, a Class B misdemeanor, and one count of forcible touching, a Class A misdemeanor. Hogle was arrested after a complaint was received by the Le Roy Police Department that he had allegedly placed a GPS locating device on the victim’s vehicle and used it to find them at a later time. It is also alleged that Hogle had unwanted contact with the victim. Hogle was arraigned in the Town of Stafford Court and was turned over to the Genesee County Jail in lieu of $500 bail. Hogle was subsequently arrested on Aug. 3 for criminal contempt in the second degree, a Class A misdemeanor. On Aug. 3, Hogle allagedly violated a court order, ordering him to stay away from the protected party. It is alleged that on that date, knowing said order was in place, that Hogle made contact with the protected party. Hogle was arraigned again arraigned in the Town of Stafford Court and jailed in lieu of $10,000 bail. Hogle is to return to the Le Roy Town Court on Aug. 13 to answer all charges.

Jennifer Nichole Wenner, 31, of Wood Street, Batavia, is charged with: driving while intoxicated; aggravated DWI -- operating a motor vehicle while having a BAC of .18 percent or more; consuming alcohol in a motor vehicle; obstructed view; disorderly conduct -- urinating in a public place. Wenner was arrested at 1:58 a.m. on West Main Street in Batavia after an investigation into a disturbance at a gas station. The case was investigated by Batavia Police Officer Jason Ivison, assisted by Officer Peter Flanagan.

Vincent M. Eschenlauer, 27, of Bank Street, Batavia, is charged with: driving while ability impaired -- combined influence of drugs or alcohol/drugs; leaving the scene of a property damage accident; moving from lane unsafely; driving a motor vehicle on or across a sidewalk; operating a motor vehicle on a public highway while using a mobile phone. The defendant was arrested after he allegedly fled the scene of a one-car collision on Route 63 at Jackson Street in the city at 7:09 p.m. on July 30. He is due in City Court on Aug. 15. The case was handled by Batavia Police Officer Marc Lawrence, assisted by Officer Jason Davis.

Michael John Reeves, 39, of Military Road, Tonawanda, is charged with: aggravated unlicensed operation in the first degree; two counts of DWI; operating a motor vehicle with headlights; and uninspected motor vehicle. Reeves was stopped at 12:28 a.m. on Aug. 4 on Route 77 in Pembroke for allegedly operating a motor vehicle without headlights. Reeves was issued appearance tickets to answer the charges and is due in Pembroke Town Court on Aug. 28. The case was handled by Genesee County Sheriff's Deputy Ryan Young, assisted by Deputy Eric Meyer.

Patrick D. Powell, 32, of Manor Park, Rochester, is charged with: unlawful possession of marijuana; aggravated unlicensed operation in the second degree; inadequate exhaust; drinking alcohol in motor vehicle on a highway. At 1 p.m. on Aug. 3, following a traffic stop on Richmond Avenue in the City of Batavia, Powell was arrested on the charges. He was issued an appearance ticket for Aug. 21 in City Court. The case was handled by Genesee County Sheriff's Deputy Joshua Brabon.

Sharon Yvonne Sharman, 47, of Seven Springs Road, Batavia, is charged with driving while intoxicated and DWI -- operating a motor vehicle with a BAC of .08 percent or higher. Sharman was arrested following an investigation into a domestic incident on Seven Springs Road at 3:12 a.m. on Aug. 4. She was issued an appearance ticket for Sept. 20 in Town of Batavia Court. The case was handled by Genesee County Sheriff's Deputy Matthew Clor, assisted by Deputy James Stack.

Aerielle Susan Davis, 29, of West Main Street, Batavia, is charged with DWI -- first offense, and operating a motor vehicle with a BAC of .08 pr more. She was arrested at 1:47 a.m. on Aug. 4 on West Main Street in Corfu following an investigation of a woman asleep at the wheel of a running vehicle in the village. She was issued an appearance ticket for Village of Corfu Court and is due there Aug. 20. The case was handled by Genesee County Sheriff's Deputy Eric Meyer, assisted by Deputy Erik Andre.

Dalton C. Kelly, 20, of Chase Park, Batavia, is charged with fourth-degree criminal mischief and second-degree harassment. Kelly was arrested at 5:40 p.m. on July 30 in Batavia after a report of a male out of control who damaged property. He was scheduled to appear in court July 31. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Kevin DeFelice.

Nasir C. Nathan, 22, of West Main Street, Le Roy, is charged with second-degree criminal contempt. He was arrested 7:45 p.m. on July 24 on Watson Street in the City of Batavia after he allegedly made threats toward a person protected by a stay-away court order against Nathan. He is due in City Court on Aug. 14. The case was handled by Batavia Police Officer Jamie Givens.

Ahdeosun R. Aiken, 20, of Ellicott Avenue, Batavia, is charged with second-degree criminal contempt. He was arrested at 10:19 p.m. on Aug. 3 on Walnut Street in Batavia after allegedly violating an order of protection during a domestic incident. He was arraigned in City Court and released on his own recognizance. He was due back in City Court today (Aug. 6). The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Jamie Givens.

Barbra Ann Nehl, 75, of West Main Street, Corfu, is charged with petit larceny. She was arrested at 4:52 p.m. on Aug. 5 at a retail store on Route 77 in the Town of Pembroke. She allegedly stole $37.70 worth of merchandise without paying and by passing all points of purchase. She was released on an appearance ticket and is due in Town of Pembroke Court on Aug. 23. The case was handled by Genesee County Sheriff's Deputy Kyle Krzemien.

Michael L. Jackson Jr., of Maple Street, Batavia, is charged with petit larceny. He was arrested at 4:13 p.m. on July 27 on West Main Street in Batavia after he allegedly stole items from a grocery store. He is due in City Court on July 14. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Christopher Camp.

Dustin Wayne Bogue, 36, no permanent address, is charged with petit larceny. Bogue was arrested at 1:41 a.m. on West Main Street in Batavia after it was alleged that he entered a convenience store and stole property. The case was handled by Batavia Police Officer Kyle Krtanik, assisted by Officer Peter Flanagan.

Taylor L. Finnin, 25, of 131 S. Swan St., Batavia, is charged with trespass. The defendant was arrested at 5:30 p.m. on July 29 on South Main Street in Batavia after he allegedly trespassed at a residence after being told he was not allowed there. He is due in City Court tomorrow (Aug. 7). The case was handled by Batavia Police Officer Catherine Mucha, assisted by Officer Jason Davis.

Shane Eugene Dann, 41, of Swan Street, Batavia, was arrested Aug. 1 on a bench warrant issued by Batavia City Court. The warrant was issued after Dann failed to appear for a scheduled court appearance in regard to an incident that occurred on Feb. 18. The case was handled by Batavia Police Officer Lindsay Christopher, assisted by Officer Arick Perkins.

A 16-year-old female who lives on Astor Ridge Road in Amherst is charged with DWI-drugs and unsafe backing. She was arrested at 11:21 a.m. on Aug. 5 on Alleghany Road in Corfu after an investigation into a property damage accident at Crosby's convenience store. She was issued an appearance ticker for Corfu Village Court and is due there on Oct. 1. The case was handled by Genesee County Sheriff's Deputy Lonnie Nati.

A 17-year-old female who lives on West Utica Street, Buffalo, is charged with unlawful possession of marijuana. She was arrested at 11:30 a.m. on Aug. 5 on Alleghany Road in Corfu. She was allegedly found in possession of a small amount of marijuana during a DWI -- drug arrest. She was issued an appearance ticket for Corfu Village Court on Sept. 10. The case was handled by Genesee County Sheriff's Deputy Lonnie Nati.

Bail increased for BHS athlete accused of stabbing teammate

By Howard B. Owens
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      Antwan Odom

Even with a number of family members in the courtroom and a high score on the bail evaluation by Genesee Justice, 17-year-old Antwan Odom was ordered held on $50,000 bail or $100,000 bond by City Court Judge Robert Balbick on his attempted assault charge.

Odom is accused of stabbing Ray Leach with a sharp object at least 10 times during an argument over alleged stolen property at 135 Ross St., Batavia, on Friday afternoon.

Both Odom and Leach are star athletes at Batavia High School.

Odom appeared in City Court this afternoon dressed in a Genesee County Jail orange jumpsuit with his hands cuffed, represented by Michael Locicero from the Public Defenders Office.

Locicero argued that Odom should be released under the supervision of Genesee Justice with strict curfew requirements. Odom and Leach have been neighbors but Locicero said Odom could live at his sister's house, well away from the Ross Street neighborhood, while the case is pending.

When Odom appeared in City Court the evening of his arrest, his bail was set at $15,000 cash or $30,000 bond by Judge Durin Rogers. 

First Assistant District Attorney Melissa Cianfrini was consulted by phone that evening on a bail recommendation. She said that at the time she was not given the defendant's name nor had she seen news coverage about the case. She was only told at the time that the defendant had no prior criminal history, meaning no convictions. She did not know that Odom has a pending felony DWI case in the Town of Sweden.

It's a felony because he was allegedly driving drunk with an individual or individuals under the age of 16 in his vehicle. He was also charged with a misdemeanor count of driving while under the influence of drugs. He was arrested by SUNY Brockport PD on April 8.

Balbick said he had to weigh and balance all of those factors, including Odom's family support when considering bail and determining whether Odom is a flight risk.

The bail evaluation by Genesee Justice -- Odom scored a 16 -- doesn't take into account the seriousness of the offense, both Cianfrini and Balbick noted, and that combined with the other pending felony must be considered, he said.

"Those factors make it imperative that bail be set in this matter," Balbick said. "A bail of $15,000 and $30,000 A and B is woefully inadequate."

Odom and Leach have been teammates on Batavia's football and basketball teams (Odom has not played baseball in high school, as previously reported). In basketball, Odom is one of the Blue Devils' top scorers.

Leach has been named to the All-Greater Rochester first teams each of the past two seasons. He gained 1,563 all-purpose yards and scored 18 touchdowns in 2017. On Oct. 14, Leach scored six touchdowns, a school record. He ran the ball in five times and scored on a 22-yard interception as Batavia beat St. Mary's 69-20, setting a new school record for points in a game.

According to Leach's mother, as reported by our news partner 13WHAM, Leach is at home, able to walking and recovering. His stitches should come out in seven to 10 days. He expects to be ready for practice when pre-season drills begin.

Odom's father told 13WHAM that Odom doesn't remember stabbing Leach. He said his son didn't have a weapon and that he suffered a concussion in the fight.

Possible stabbing reported on Ellicott Street in Batavia

By Billie Owens

A possible stabbing is reported in the area of 700 Ellicott St. Mercy medics are to stage at Liberty and Ellicott streets. City police are responding.

UPDATE 9:52 a.m.: The injury "was to the wrist"; Mercy medic #1 is called into the scene.

UPDATE 10:01 a.m.: Someone's stitches broke open and the person needs the wound repaired. No one was stabbed.

UPDATE 10:08 a.m.: Mercy medics transported the patient to UMMC.

Charges filed against Batavia HS three-sport athlete following stabbing of teammate on Ross Street

By Howard B. Owens

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One of Batavia High School's star athletes is in the Genesee County Jail today, accused of stabbing a teammate during a disagreement yesterday afternoon at 153 Ross St., Batavia.

Antwan Odom is charged with attempted assault, 1st, a Class C felony, and criminal possession of a weapon, 4th, a Class A misdemeanor.

Odom is accused of stabbing neighbor, friend, classmate and teammate Ray Leach, a star running back for the Blue Devils and a teammate of Odom's during the football and basketball seasons. Odom is one of the basketball team's top scorers and also a standout in baseball.

Leach's injuries are not life-threatening. According to his sister Whitney Leach, Ray Leach was stabbed four times in the back, twice in his abdomen, once in each leg, and also has a couple of other superficial cuts.

Leach was discharged from UMMC last night after being treated for his wounds.

In a press release, Batavia PD said Odom allegedly attacked Leach after Leach accused him of stealing personal property.

By the time police arrived on the scene at about 3 p.m., Odom had fled. He was identified as the suspect by witnesses and police learned he had returned to his residence, also on Ross Street.

Police said multiple young children and other family members were in the house and "all occupants were safely evacuated." Odom was taken into custody without incident.

Odom was transported to UMMC for medical treatment then arraigned in City Court. He was then confined to the Genesee County Jail.  

The investigation is ongoing. Anyone with information in reference to this case may contact Officer Cowen or the Batavia Police Department at (585) 345-6350, the confidential tip line at (585) 345-6370.

Previously:

Blue Devils star football player injured in stabbing on Ross Street

By Howard B. Owens

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Ray Leach, Batavia High School's star running back, was the victim of a stabbing today 153 Ross St., Batavia.

His sister Whitney Leach said her brother was stabbed four times in the back, twice in his abdomen, once in each leg, and also has a couple of other superficial cuts.

He was discharged from the hospital this evening following treatment and is expected to recover.

According to social media posts, the suspect is a teammate and also one of Batavia's top athletes. Both are heading into their senior years. Batavia PD has yet to release the name of the suspect.

Leach helped the Blue Devils win sectional titles in 2015 and 2016 and helped lead them to the cusp of a fourth straight title in 2017. He has also been a standout on defense.

Shortly after the incident today, Whitney Leach asked for the prayers of friends and family.  Once she learned more about his condition, she said, "Pray that he will have a great recovery and we can get him back on the Batavia field (that's all he cares about, being able to play football)."

She said the first thing he did after arriving at the hospital was ask to see Head Coach Brennan Briggs and Briggs did visit him in the hospital.

He was treated at UMMC.

Chief Shawn Heubusch said Batavia PD will have a press release tonight about the incident.

Person stabbed on Ross Street in the city

By Billie Owens

A stabbing is reported at 153 Ross St. in the city. The scene is not yet secure. Police are responding. Mercy medics and city fire are asked to stage in the area. Communications are now secure; no further transmissions.

UPDATE 3:03 p.m.: The ambulance is told to come to the aid of one victim inside 153 Ross St.; an officer is there, too. Police are at 145 Ross St. Scene command calls for Ross Street to be shut down at Ellsworth Avenue and at North Street.

UPDATE 3:08 p.m.: A person with a hand laceration is reported in 145 Ross St.; Mercy medics are told to proceed there in non-emergency mode. The roadway can be reopened. Scene is secure. County deputies en route are told they can stand down.

UPDATE 3:11 p.m.: The victim is now at the Police Station and BLS medics are told to go there instead.

UPDATE 3:31 p.m.: An 18-year-old male is being transported to UMMC with a hand laceration.

Charges filed in Friday's police chase that ended on Kelsey Road

By Howard B. Owens

The driver suspected of leading State Police on a chase down the I-90 into Batavia yesterday has been accused of assaulting a police officer and ordered jailed without bail.

Adeb Said, 49, of Port Richey, Fla., was arraigned in Town of Batavia Court on additional charges of: reckless endangerment, 1st; aggravated assault on a police officer with a deadly weapon; criminal mischief, 2nd; and criminal mischief, 3rd.

The woman who was reportedly a passenger in Said's 1997 Mercedes Benz, Tara A. Hackrott, 35, of Williamsville, was turned over to the Cheektowaga Police Department on an outstanding warrant.

Said's next court appearance is scheduled for Aug. 27.

Said is accused of leading police on a chase from Henrietta to Kelsey Road in Batavia after being suspected of shoplifting. When the Mercedes exited the Thruway, the vehicle allegedly spun out and was surrounded by law enforcement vehicles. Said then allegedly drove aggressively toward a State trooper who fired his service weapon at the vehicle. The Mercedes continued on Park Road and was chased to Kelsey where Said and Hackrott reportedly tried to flee on foot before quickly being captured.

Previously:

Police chase prompted by a couple of suspected shoplifters at Marketplace Mall in Rochester

By Billie Owens

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A female passenger and the middle-aged male driver of a gray Mercedes involved in a high-speed chase with law enforcement earlier this afternoon after a shoplifting incident at Rochester's Marketplace Mall are both now in Strong Memorial Hospital; she is being evaluated and he has minor injuries. No one else was injured.

The chase began after the pair was suspected of a larceny at the Sears store in the mall on Miracle Mile Drive.

New York State Police Troop A Commander, Major Edward Kennedy, flanked by law enforcement officials from Genesee and Monroe counties, gave a press conference within the last half hour in the middle of Kelsey Road in Batavia about what occurred.

He said the call about the suspected shoplifting came in at 12:27 p.m. The suspects took off and got on Route 390, pursued by Monroe County Sheriff's deputies and troopers from E Barracks. The Mercedes then got on the Thruway and took the Batavia exit; it spun around and the driver lost control of the car, which was surrounded by troopers from A and E barracks and deputies from Genesee and Monroe counties.

At that point, Kennedy said the vehicle exited the Thruway plaza and drove aggressively toward law enforcement; an officer fired shots; the Mercedes collided with a police car. The suspects drove to Park Road, to Veterans Memorial Drive, and made their way to Route 5 before turning north on Kelsey Drive. They headed onto private property, driving down a long driveway before the suspected ditched the car and tried to flee on foot. They were quickly apprehended without further incident. 

A press release with more information will be released at 6 p.m., Kennedy said, noting there are multiple crime scenes involved in this ongoing investigation.

UPDATE 6:26 p.m.: Press release from NYSP:

On Aug. 3 at approximately 12:34 p.m., Troop E Troopers responded to assist Monroe County Sheriff’s Office who were following 1997 Mercedes Benz with switched license plates that was involved in a larceny from Sears at Marketplace Mall in Henrietta. 

At 12:51 p.m. the suspect vehicle fled once emergency lights were activated. This pursuit continued onto the Interstate-90 westbound. The suspect vehicle exited the I-90 at exit 48, Batavia. Patrols attempted to block the suspect vehicle near the toll barrier. The suspect vehicle continued aggressively toward Troopers and as a result a Trooper shot his service weapon at the threat. The pursuit continued until the suspect vehicle turned into a private driveway on Kelsey Road in the Town of Batavia at 1:19 p.m.  The suspect vehicle struck a dirt embankment and came to rest in a wooded area. 

The operator, Andrew Adeb Said, 49 of Port Richey, Fla., and the passenger Tara A. Hackrott, 35, of Williamsville, attempted to flee on foot and were subsequently arrested. Both suspects were taken to Strong Memorial Hospital. Andrew Adeb Said had minor injuries and Hackrott was taken for evaluation. 

New York State Police Troop A, E, T, The Bureau of Criminal Investigation, NYSP Collision Reconstruction Unit, NYS DEC, Monroe County Sheriff’s Office, Genesee County Sheriff’s Office and the Town of Batavia Fire Department assisted in this investigation.

This is still an ongoing criminal investigation. Criminal charges are pending.

Photos by Howard Owens.

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Major Edward Kennedy, Troop A commander, center, with Capt. Douglas Comanzo, Monroe County Sheriff's Office, and Major Eric Laughton, Troop E commander.

Law enforcement searching for fleeing subjects in the area of I-490 and I-90, Le Roy

By Howard B. Owens

A trooper was pursuing two individuals on the Thruway and one rider dumped his bike at the I-490.

At some point, the individual wrestled with the trooper but it's not clear when or where.

He is a black male wearing jeans and a multi-colored jacket.

The other motorcycle exited the Thruway at the 490 and fled in an unknown direction of travel. It's unknown if he circled back and picked up the rider.

Troopers and deputies heading to the area.

A K-9 is requested.

UPDATE 12:03 a.m.: All responding units have switched to L.E. Secure. We won't hear any more about this incident.

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