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When it came to words and action, Catherine Roth respected each for its place in society.

Whether her efforts were for guidance of youth, beautification of a landscape, advocacy of a historical landmark or to correct the label of a piece of Batavia architecture, Roth’s head and heart were in the right place. When it came to doing any actual physical work on a project, Roth was there too, pitching in to help.

She had deep convictions and stood up for what was right, said the Rev. Roula Alkhouri of Batavia’s First Presbyterian Church.

“Catherine was a very strong and yet compassionate woman. She cared about the common good … and preserving the history and character of Batavia,” Alkhouri said Friday to The Batavian.  “Catherine always spoke her mind but was also willing to listen to other points of view. She was ahead of her time on many social issues. She took history very seriously and often taught us about the Civil War and the history of Batavia and Western New York. Catherine experienced a lot of loss in her life but stayed strong and resilient. In fact, her losses often motivated her for action and for advocacy.”

Roth died this week while residing at an assisted living facility in Albany. As one of triplet sisters, the Batavia native made her mark here in many ways, from swimming lessons and advocacy of historical treasures to board participation and planting flowers. Roth had a hand in many projects and organizations throughout Genesee County. 

She was behind the effort to secure the listing of First Presbyterian and Batavia Cemetery for the National Register of Historic Places, helped to save the former Engine House and St. James Episcopal’s adjacent rectory, served on multiple nonprofit boards, provided her eloquent insight and, perhaps most importantly, wasn’t afraid to do the hard work.

Bill Kauffman, Elba author and screenwriter, who had taken swimming lessons in Roth’s pool back in the day, knows well of her contributions. In the mid-1960s, when Batavia’s city fathers were making “the catastrophic decision to embrace Urban Renewal,” she stepped up her advocacy chops.

“She was the passionate and articulate leader of those who spoke up for the preservation and the history and integrity of Batavia,” Kauffman said. “She warned that Urban Renewal would be a disaster as well as an insult to our ancestors, and she was right.”

Her “prophetic voice” aside, Roth was also a “tireless volunteer” who did, quite literally, get her hands dirty, he said.

“In her 80s she was working in the old Batavia Cemetery on Harvester, helping to right toppled tombstones and cursing gopher holes--and suffering numerous bouts of poison ivy,” Kauffman said. “She planted and tended flowers at Dwyer Stadium, where she and her husband Larry were constant presences over the years. The Landmark Society, the Hospital League, the ARC; they all benefited tremendously from Catherine's hard work.”

Speaking of swimming lessons, Kauffman also shared that Roth informed his wife, Lucine “that I was the worst student she ever had,” he said. “This illustrates two of her outstanding qualities: she embodied the volunteer spirit, and she told it like it was.” Roth had no fear communicating what she felt was right, even in the face of being called out for being a pushy woman. She even contacted a reporter or two and chided them on the misuse of a particular word or piece of history. 

Roth’s long list of accomplishments includes being a founding board member of the Landmark Society in 1964, spearheading the publication of “The Architectural Heritage of Genesee County,” serving decades as Girl Scout troop leader and on City Council, Holland Land Office Museum and YMCA boards was a member of the United Memorial Medical Center Hospital League, baked and donated hundreds of pies sold at the snack shop, tirelessly lobbied to change state law that allowed elderly people to retain their driver’s licenses after her son was killed in an auto accident, and was a member of the oldest living triplets in the United States. 

She’s been called a “force of nature” and credited for being the type of person that "every community needs to thrive." For Alkhouri, Roth, who served as a trustee at First Presbyterian, made a difference and left many church members with indelible visuals.

“People have fond memories of Catherine in her 80s going up the bell tower to clean and to help with its maintenance. They also have fond memories of Catherine being in charge of all the church meals as she coordinated volunteers and helped cook meals, especially for life celebrations,” Alkhouri said. “Catherine had a great sense of humor. Even though she seemed to be serious most of the time, she often found humor in many situations in life. We shared many laughs. Catherine loved God and found great comfort in worship and in serving others.”

A recipient of many awards, Roth was more recently bestowed a granite bench in her name at Batavia Cemetery. She had once said that her service was not a well-mapped-out plan, but just something that she did. Roth had also said that she didn’t want to be bored.

Suffice it to say, she couldn’t possibly have been. Roth touched so many lives through her good works, and that kept her busy into her late 90s. She never lost her Long Island accent, Kauffman said, and surely “was one of Batavia’s greatest citizens.”

Alkhouri never expected to have grown so close to Roth, she said.

“When I first started as the pastor of Batavia First Presbyterian Church, I had no idea how I would become so connected to Catherine. She was always affirming of my ministry and always honest in where she was on the journey of faith and of life,” Alkhouri said. “I feel personally blessed to have known and loved Catherine.” 

Photo: File photo by Howard Owens from 2015.

A woman sustained serious injuries in Darien this evening when the car she was in left the roadway on Erie Street and struck a utility pole and a house before the operator attempted to drive away from the scene. 

He could only get his 2005 Toyota TC another 500 feet down the road before it stalled.

The driver, Michael J. Antonucci, 39, of Darien, and the other two passengers were not seriously hurt. In fact, one of them, with blood dripping down his face, declined medical attention at the scene and walked home.

Both rear passengers were pinned in the vehicle and could not self-extricate.  One of them was seriously injured and identified as Tanya L. Captain, 34, of Darien.

The other passengers were Shawn M. Kwiatek, 43, of Darien, and Steven N. Zink, 30, of Darien.

Captain was transported to Erie County Medical Center by Mercy Flight Central, which was filling in for Mercy Flight of WNY, presently standing down following a fatal accident earlier this week involving one of its helicopters.

At the time of her transport, Captain's injuries were considered life-threatening.  The Crash Management team responded to the scene because of the seriousness of the injuries to Captain.

"Right before she got loaded in a helicopter, she was talking with paramedics," said Sgt. Kyle Krzemien of Genesee County Sheriff's Office. "Right now we're still not 100 percent, but I would say for right now, we're just gonna go with life-threatening until we hear otherwise."

Krzemien said the vehicle was westbound on Erie Street when it crossed the double center line and hit an embankment before becoming airborne. The vehicle then struck a utility pole, shearing it from its base, and, because of the speed of the vehicle, continued southwest until it struck the front porch of a house at 1390 Erie St.  The driver then tried to drive out of the front yard of that house, going back East on Erie Street, and only getting 500 feet down the road before it stopped, the sergeant said. 

There was a power outage in the area that included the traffic signals at Route 20 and Route 77.  At the time of publication, 11 National Grid customers remained without power and power was not going to be restored before 4:30 a.m., according to National Grid.

Criminal charges are pending against Antonucci, according to the Sheriff's Office.  The investigation is ongoing.  

Darien Fire and Corfu Fire responded to the scene along with Mercy EMS.

(Initial Report)

Top photo: A car after it struck a utility pole and a home on Erie Street in Darien Sunday evening, the damage caused by the accident, and Mercy Flight Central removing one seriously injured woman from the scene. Photos by Howard Owens.

A car has struck a utility pole in the area of 1390 Erie Street, Darien.

There are multiple injuries and two people require extrication.

There is at least one serious injury.

Responding units are asked to enter the scene from Tinkham Road because wires are down in the roadway.

Darien Fire and Mercy EMS responding.

UPDATE 7:12 p.m.: An engine from Corfu is requested to the scene.  Dispatchers checking on availability of Mercy Flight

UPDATE 7:54 p.m.: Mercy Flight Central has landed near the scene.

UPDATE 8:03 p.m.: Mercy Flight has departed with one patient, and is headed towards Erie County Medical Center.

Celebrating 110 years of serving the people of Genesee County, the YWCA held its first Women of Inspiration Awards brunch on Saturday at the Batavia Country Club.

Honored were Rev. Roula Alkhouri, pastor of Batavia First Presbyterian Church, Maureen Notaro, principal at Jackson Primary School, Marci Redband, accounting specialist at Tonawanda Valley Federal Credit Union, and Jacquelyn L. Swinarski, a retired teacher and community volunteer.

Rev. Roula Alkhouri
In 2000, Alkhouri made history as the first Syrian-American woman ordained in the Presbyterian Church.  She has served the community as a strong advocate for building bridges between people, according to Donna Blake, who nominated her for the award. Blake said she is committed to YWCA's mission of eliminating racism, empowering women and promoting peace, justice, and freedom for all.  She created Los Samaritamnos, a group that provides food, transportation and support for detainees released from the Buffalo Federal Detention Center in Batavia. 

Led by Alkhouri, Batavia Presbyterian has built supportive relationships with Crossroads House, Jackson School, Justice for Children, the Alzheimer's Association, and the Little Free Pantry.

During the pandemic, she encouraged her congregation through regular online video messages and services, and members of the congregation encouraged others by delivering cards to nursing home residents. 

In her acceptance speech, Alkhouri admitted she was "down in the dumps" because both her father and mother had recently passed away and her brother was diagnosed with cancer.

"I was at a low point," she said. "All I wanted to say was, 'No, I'm not inspired at this moment.' But then I remembered the power of community. And that's the word that I want to leave you with today -- that community is so important for all of us."

Maureen Notaro
Nominated by co-worker Brian Sutton, Notaro was honored as a role model for students and staff of all ages. 

"I have worked with her for five years and I have witnessed students flock to her, admire her, and strive to make her proud by listening to her sound advice and guidance," Sutton said. 

Notaro credited her mother, a single mom, with instilling in her and her sisters a sense of empowerment. 

"She taught me and my sisters that the world could be ours if we were determined and persistent and never gave up on our dreams," Notaro said. "She taught us that everyone has a story and never to dismiss what someone has to say, and that everyone deserves the right to be respected and treated respectfully. She taught us never to judge anyone and to have an open mind. She taught us that all people are equal and that what matters is how a person treats others. I realized that my mother surrounded us with strong supportive women and led by example."

Marci Redband
Redband was nominated by her husband Tom Redband.

"When I read the nomination criteria for the Women of Inspiration, which includes how the nominee inspires others, how she serves as a role model for women and girls, how the nominee contributes to her community, and how the nominee promotes the mission and vision of the YWCA -- it was a no brainer when I read this," Tom said. I immediately thought of Marci Redband."

He praised Marci, who has coached high school sports -- including alongside her husband until a season ago at Elba in basketball -- since college graduation, as one of the best female role models he has ever met.

He said she contributes to her community as a coach, including that Elba girls basketball team, which won five straight sectional titles under the combined leadership of the Redbands.

"Marci's passion and drive were to encourage and lead these young women to not sell out themselves to society's expectations of what women are supposed to do and act like, and instead push themselves to become their best selves," Tom said.

Marci said that 10 years ago, she was struggling, struggling to get through college, and a counselor encouraged her to reach out more. Marci responded by pointing how involved she was in her church. The counselor told Marci she needed to get out of her comfort zone.

The next day, she got a call to become an assistant softball coach at Elba. 

She said sometimes God places something right in front of you and you've got to do it.

"The biggest lesson that I took from (being a coach) was that consistency, and showing up and being a calm face for some of these young women, is the best thing that you can do for them," Marci said. "It was a life-changing moment for me. And it was how I met my husband."

Jacquelyn L. Swinarski
Swinarski was described as the "energizer bunny" of Robert Morris when she taught kindergarten there for 30 years. She was a role model for other teachers. 

She organized the annual 4th-grade Architectural Drawing Contest for the Landmark Society. She was active in the Batavia Teachers' Association. She's volunteered at Crossroads House and organizes the Mega Garage Sale. She volunteers in the community more than 50 hours a week. And, she's been involved in fundraising at St. Joseph's School.

Swinarski encouraged people to treat other people better and to volunteer.

"When you volunteer, you give yourself to others," she said. "When someone does something to you, it's wonderful for a moment but then it's gone. When you do something for someone else, you always find people that are gracious, and loving, and you make more friends."

Millie Tomidy-Pepper, executive director of the YWCA presented Synia Morrison, a senior at Batavia High School, with the first ever Frances G. Francis Scholarship. Francis was founder of the YWCA in Genesee County,

The winning piece in this year's NY-27 Congressional Art Competition was executed with exemplary technical skill and creative energy, said Mary Jo Whitman, education/SCR director for GO Art!, and competition judge.

The winning painting was a self-portrait by Sarah Durkin, a senior at Iroquois High School. Whitman praised it its technical execution in part because of the difficulty of the medium, oil pastel.

"It's not just traditional portraiture but putting it in the setting and the way she executed the interior of the car,  the complementary colors between the blues and the reds, the sunset in the car," she said. "It was just very well executed and had a kind of very postmodern feel to it."

Heller was unable to attend today's event because she was at a university accepting a scholarship.

Second place went to Kaylee Ziobro of Eden HS, and third to Kendall Heller, also of Iroquois.

Heller's painting will hang in the hallway that leads from the congressional office to the Capitol Building for a year, said Rep. Chris Jacobs, who was on hand to meet the young artists who entered the competition and present the awards. 

CORRECTION: An earlier version of this story reversed the names of the first and third place winners.  It's corrected now. The Batavian regrets the error.

Parents may have questions now that Moderna has requested the emergency use of a COVID-19 vaccine for children under six years old.

Dr. Tracy Maier, a pediatrician with Rochester Regional Health’s Penn Fair Pediatric Group, has some answers, she says. Bottom line is that it could help, Maier said during a Zoom meeting with members of the media this week.

“It would be just one more implement in our defense against COVID,” she said. “Clearly, COVID is not going to go away, and we’ve proven that the best way to prevent the spread is to get vaccinated and to wear masks.”

“Traditionally, our population under age two has not been masking, so they are exposed, and our two- to five-year-olds are masking, if they tolerate it,” she said. “This is just one more line of defense against COVID.”

As many adults have experienced, masks, in general, have been dropped in lieu of getting vaccinations, loosened mandates and/or a belief that the imminent danger is gone. Though Genesee County’s data hasn’t exactly supported that notion. Latest statistics have shown an uptick in cases, with 168 new positive COVID-19 cases from April 13 to 19, and 278 cases from April 20 to 26. There have been a total of 185 deaths reported due to the virus as of April 25. 

Ages 0 to 19 had dipped from April 6 to 13 and then began to rise again toward the end of the month, coinciding with an increase of positives from the 60+ group, according to the Genesee Orleans Department of Health website. 

So does that mean that parents should line up to get their four-year-old a shot? Don’t just take Maier’s advice, she said. Have a talk with your child’s pediatrician. Ask questions, such as what are the benefits, the risks, and if there is anything parents should consider as unique to their child’s circumstances that make a vaccine more or less important to their health. 

Other questions may be what are the long-term effects? What difference will it make to my child with the vaccine versus not getting one, Maier said. For those in-between situations where, say, a child is under five and a parent is wondering whether to get the vaccine, “it depends on the circumstances,” she said. 

“If the child is at high risk because they have an underlying medical condition, I’d say let’s go ahead with this when it’s approved for your age group,” she said. “If not, I’d say, let’s wait until the age that we know when it’s effective.” 

Moderna’s request for emergency use, if approved, would make it the first vaccine for children under five. There are 18 million such children in the United States currently not eligible to receive a vaccine, she said. 

Despite lessened vigilance about wearing a mask, getting a vaccination “is still very important at this phase,” she said. 

“COVID is a virus, and we know from looking at other viruses (influenza) that viruses mutate and it’s going to mutate quickly,” she said. “And we know that vaccine is one of the greatest things that we have in our defense of this virus … to continue with our daily lives as usual. Once you are vaccinated, once you have been exposed and don’t have any symptoms, you can go on about your lives … children can still go to school, and they can still go to daycare (if no symptoms). It allows life to continue on as it normally would.”

This week Moderna, a biotechnology company pioneering “messenger RNA” therapeutics and vaccines, announced that it submitted a request for emergency use authorization for its COVID-19 vaccine in children six months to under two years, and two years to under six years of age. The request has been submitted to the U.S. Food and Drug Administration for approval. The FDA has 30 days for the approval process.

According to the Centers for Disease Control, if the FDA does approve the vaccine, it will continue to oversee its production to "ensure continuing safety." Monitoring of the vaccine and production, including periodic facility inspections, must continue as long as the manufacturer holds a license for the vaccine product.

Dr. Tracy Maier is a Doctor of Osteopathic Medicine at Penn Fair Pediatric Group in Penfield. 
 

A new business on Harvester Avenue is taking an old concept of “brick-and-mortar” and feeding it with some bright thinking, owner Macy Paradise says.

Paradise, a 2003 Batavia HIgh School grad and owner of Paradise Fit in Elba, has branched out to include an all-inclusive facility for kids, adults, seniors and developmentally disabled folks. His logo is a brain inside of a lightbulb to represent a bright idea.

“The goal of this space is to have a more skill-building style,” Paradise said during the grand opening of The Brick Community Enrichment Center on Friday at The Harvester Center, 56 Harvester Ave., Batavia. “The Brick concept comes from an original idea that Joe Mancuso had in 1959, offering kind of a brick and mortar flex-use space for entrepreneurs. We wanted to rebrand that here, this being a flexible space, using it for all sorts of reasons. So we are trying to rebuild the community brick by brick.”

Paradise spoke while taking a short break from his DJ gig at the event. A versatile host of all things music for special events, celebrity debuts and even dance parties for, in this case on Friday, kids aged three to 12. The site’s overall concept was to host group fitness classes for all ages, and that grew into allowing space for skill-building classes, private events and to offer a more affordable rental option for bridal and wedding showers, birthday parties and the like. 

Paradise, 37, is a Batavia native who returned after a stints in each of Los Angeles, Calif. and Colorado. While living out west, he frequently returned to host events at the former City Slickers and Billy Goats, plus TF Browns. He also ventured into Erie County to host various entertainment gigs, such as international Electronic Dance Music producer and DJs Barely Alive and Virtual Riot, in Buffalo.  

The Brick Community Enrichment Center offers fitness classes from 5 to 7 p.m. Mondays and Wednesdays in May, and Paradise is planning other sessions for young and older alike, and also for people with developmental disabilities. It complements his main business, Paradise Fit, which offers personalized training, coaching, nutrition programs and meals, and an app for support. A personal trainer who also owns and operates the Elba-based fitness facility, Paradise initially started with personal training in Elba, doing one-on-one training sessions with clients. He proudly calls Elba home, having purchased one there in 2019, two years after moving back to Western New York. 

Meanwhile, he began to look for a space to do group fitness classes and was also hired as the Harvester Center's marketing director. 

“I found this space … and decided to open it up,” he said. “It’s another thing to do in Batavia.”

For more information or to get in touch with Paradise, call (585) 356-7737, email paradisemacy@gmail.com or visit www.brickcommunitycenter.com or check out @TheBrick on Facebook.

Top photo: Owner Macy Paradise cuts the symbolic ribbon to his new place, The Brick Community Enrichment Center, during a grand opening dance party Friday at The Harvester Center, 56 Harvester Ave., Batavia. Macy Paradise and partner Nici Johnson show off the logo for The Brick Community Enrichment Center. Photos submitted by Steven Falitico/Genesee County Chamber of Commerce.

Leaves are reportedly burning out of control in the yard at 84 Gilbert St., Le Roy.

Le Roy Fire responding.

UPDATE 1:47 p.m.: A Le Roy medic on scene reports that people are pouring water on the fire attempting to get it out.  "It doesn't appear out of control," she says.  The burn area is about 200 to 300 feet.

ABBAmania, Canada's top ABBA tribute band, played Batavia Downs on Friday night, with a Cher tribute artist opening the show.

Press release:

Senator Rath is asking for residents to nominate teachers that they would like to honor.  The nominations will be open during Teacher Appreciate Week, which runs from May 2^nd through May 6^th. 

“Teachers play such an instrumental role in children’s lives, many of us can recall a teacher who made a lasting impact on us.  I hope everyone will take a moment to nominate that special teacher,” said Senator Ed Rath. 

To nominate an educator from the 61^st senate district, visit https://www.nysenate.gov/senators/edward-rath-iii. 

Attica resident will serve as an election observer in Northern Ireland on 5 May, the date set for the election of its Legislative Assembly, the legislature of Northern Ireland. Rob Thompson is accredited by the United Kingdom Election Commission and is trained by the Organization for Security and Cooperation in Europe (OSCE) and the EU.

COVID-19 forced many elections to be rescheduled and now with the world opening back up so to speak election calendars are being filled up as well. Over the next 18 months, my schedule includes, besides Northern Ireland, election work in Sweden, the Czech Republic, Denmark, and Estonia. In May, and subsequent short-term missions I will work at several polling places in West Belfast ensuring the election process follows principles established by the 1990 Copenhagen Document; “universal, equal, fair, secret, free, transparent, and accountable.”

An issue I found of interest has been Brexit, during the 2019 vote England and Wales voted to leave the EU while Scotland and Northern Ireland voted to remain. With Brexit’s victory, the question was would there be a hard border between NI and the Republic of Ireland. But a protocol was negotiated and is intended to protect the EU single market while avoiding the imposition of a 'hard border' that might incite a recurrence of conflict. Under the Protocol, Northern Ireland is formally outside the EU single market, but EU free movement of goods rules and EU Customs Union rules still apply; this ensures there are no customs checks or controls between Northern Ireland and the rest of the island. Periodically NI will vote to remain or reject the protocol, the first consent vote is scheduled for December 2024. May’s election of the Legislative Assembly could be a bellwether vote, of whether or not NI is edging toward desiring independence or will remain Unionist.

Friday was "Drive Your Tractor to School Day" at Elba Central School and several students did just that,

Photos by Debra Reilly.

Children whose parents read to them at home are faster learners, studies show, which is one reason administrators and teachers at Jackson Primary School in Batavia put a strong emphasis on reading.

It's a goal of the school that no child graduates from Jackson to John Kennedy without reading at least grade level, said Principal Maureen Notaro.

"We're promoting early literacy with our "Wild About Reading " theme," Notaro said during the family reading night at the school on Thursday. "Family reading night brings families together to help kids be invigorated and show their love of reading."

Teachers and staff decorated the hallways in a contest to emphasize the "Wild About Writing" theme and Brian Sutton, Steve Hyde, and Officer Miah Stevens judged the wall art, with the winning team getting a pizza party.

This was the first event with a gathering of students and parents at the school in 2 1/2 years.

"Parents who read to their kids get them excited (about reading)," Notaro said. "Kids are so curious. So anything, anything you say or expose them to is just a wonderful experience for them. I always tell parents, any chance you get to read to your children, you know, do it.  Do it in the car, point things out, just involve literacy in everyday life."

Further reading:

• Science Daily: A 'million-word gap' for children who aren't read to at home
• NPR: Why Reading Aloud to Kids Helps Them Thrive

Top photo: Miles McCracken, 5, shows off the book he chose to purchase at Jackson School's "Wild About Reading" night on Thursday.  He said, "Reading is cool." 

Photos by Howard Owens

Officer Miah Stevens.

Superintendent Jason Smith

Teachers with their favorite books from childhood were featured in pictures in the foyer of the school.

Press release:

The Genesee County Sheriff’s Office will be offering its third annual Teen Academy July 18 – July 22, 2022, at a new venue, Genesee Community College.

“We are excited to be partnering with Genesee Community College.  The campus provides us the opportunity to introduce Teen Academy participants to the college’s criminal justice facilities, which include a 9-1-1 dispatch console simulator and a firearms simulator.  The Teen Academy is a one-week, structured program which consists of instructional classes designed to provide high-school-aged students within our community an introduction to law enforcement training and gain an understanding of law enforcement’s role in their community.  It is our hope that teens will build confidence while learning good decision-making and leadership skills,” stated Sheriff Sheron.

Academy instructors are experienced deputy sheriffs who will discuss the day-to-day operations of the Sheriff’s Office.  Participants will also:

• visit the County Jail, 911 Emergency Services Dispatch Center, and Sheriff’s Office
• observe displays of the Emergency Response Team (ERT), Hostage Negotiation, SCUBA Team, K-9 Unit and Evidence Recovery
• be provided insight into motor vehicle accident reconstruction
• participate in daily physical fitness runs, defensive tactics, and team-building exercises
• participate in a classroom setting and learn about the  NYS Penal Laws and Vehicle & Traffic Laws
• participate in mock traffic stops and DWI procedures

Qualified candidates will be selected for an interview screening process if they meet the following requirements:

• must be entering grades 10-12 in the fall
• must be in good academic standing with little to no disciplinary issues
• must be able to participate in physical fitness activities
• must have a positive attitude
• must have their parent’s permission

There is no charge to attend the academy.  Application deadline is May 13, 2022. 

For more information or to obtain an application, check out our Facebook page or contact Deputy Rich Schildwaster at (585) 344-7725.

Top photo: Submitted photo.  Photos below, file photos from 2018

Murder suspect Nicholas Marten Maher, 37. accused of killing his 69-year-old father in his Oakfield home on Oct. 18, appeared in court today before Judge Michael Mohun, as the judge and the attorneys discussed procedures in the case. 

District Attorney Kevin Finnell said he is ready for trial but he understood that Public Defender Jerry Ader was awaiting reports that could have a bearing on how the case might proceed and what motions might be made.

Ader said that was correct and acknowledged receipt of the required discovery (potential evidence in the case) and everything seemed to be in order but the discovery material is still under review.

Mohun set May 20 at 2 p.m. for further proceedings.

Martin D. Maher was found dead in his home at 32 Drake St. after deputies were dispatched to his house for a welfare check at 10:57 a.m. Oct. 18 because family members had been unable to contact Maher.

Nicholas was later located in Erie County.  He is being held without bail.

The types of reports Ader is awaiting were not specified but they could have a bearing on whether there is a trial, as well as whether a plea deal is reached.  At the March 20 hearing, the court and attorneys will agree on how to proceed with the case.

A two-car accident with unknown injuries is reported at Lewiston Road and Galloway Road, Batavia.

Town of Batavia Fire and Mercy EMS dispatched.

UPDATE 6:30 p.m.:Injuries appear to be non-serious. A second ambulance requested to the scene, non-emergency.

There will be no taxpayer-funded trial on criminal mischief charges for a man already serving a life sentence on a jury-trial conviction for attempted murder and arson.

Judge Michael Mohun dismissed the charges against Plush Dozier this morning at the formal request of District Attorney Kevin Finnell.

Finnell cited the inability of Dozier to pay restitution, the cost of a trial, and the fact that, given how sentencing works in New York, if convicted, Dozier would be given credit for time served, since it would run concurrent to the term he's serving now. That means he would get no additional prison time (which could be a factor if he became eligible for parole).

"It's in the public interest not to hold a trial," Finnell said.

The decision apparently came at Mohun's suggestion during a conference on the case, Defense Attorney Fred Rarick suggested during the case and reiterated to a reporter as he was leaving the courtroom.  He said it was the right thing to do and saved the taxpayers the expense of transporting Dozier daily during a trial from Sullivan County.

Mohun, a county court judge in Wyoming County, has been assisting Genesee County since January while also mentoring new County Court Judge Melissa Cianfrini because of a backlog of cases. He inherited more than 80 cases that were more than years old -- going back to Cianfrini's time in the District Attorney's Office.  Much of the delay in the cases can be attributed to COVID-related shutdowns and slowdowns.

He said after court that the last of the cases will be cleared from his calendar on Monday and his duties in helping to catch up Genesee County will be completed. 

Dozier was convicted of attempted murder and arson in October. Dozier intentionally set fire on June 15, 2018, to the house at 35 Maple St., Batavia, in an attempt to kill a person inside the residence.

He appeared in court this morning, accompanied by three state prison guards, including a sergeant. Dozier was dressed in a green state prison jumpsuit, wearing on his head a white knit cap with a band of copper and black stripes knitted in and around it.  Four people, friends and family, sat in court in support of Dozier.  After the hearing, they thanked Mohun for his kindness in handling the case.

It was alleged that on Aug. 4, 2018, Dozier kicked out a plate of glass in a holding cell at the Genesee County Jail, which caused more than $5,000 in damage. He's also accused of causing more than $250 of damage to a Sheriff's Office patrol vehicle on Aug. 20, 2018.  That lead to charges of criminal mischief 3rd and criminal mischief 4th. 

Finnell said he consulted with Sheriff William Sheron on the dismissal and Sheron agreed with the decision.

Sheron said this afternoon, "Dozier is serving a life sentence, therefore in the interest of justice, we agree with the dismissal of the charges."

After about a year as Batavia's assistant city manager, Jill Wiedrick has resigned her post for a job in Monroe County, City Manager Rachael J. Tabelski says. 

Wiedrick was hired in June 2021 as a lifelong resident of Western New York and 15 years of experience in local government. She had been the senior county planner for Genesee County and was manager of zoning for the City of Rochester when she was hired for the assistant manager position.

"I would like to congratulate Jill Wiedrick, Assistant City Manager, for her time with the City of Batavia.  She is moving to a new job with the Village of Fairport.  It was a pleasure to work with Jill, and I wish her all the best in her career pursuit," Tabelski said in an emailed response to The Batavian. "Her last day with the City of Batavia is Friday May 13, 2022.  The City will actively advertise the position of Assistant City Manager in the near future to fill the position."

File photo of Jill Wiedrick 

There have been nine accidents involving the Bell 429, the model helicopter being flown by James E. Sauer, 60 of Churchville, and Stewart M. Dietrick, 60, of Prosper, Texas, when it went down in a field near Norton Road in Elba at 1 p.m. Wednesday.

The National Transportation Safety Board has determined the cause of four of those accidents.  Three of them were the result of human error and one was an apparent mechanical failure.

The preliminary evidence in Wednesday's crash of the Mercy Flight aircraft, said Aaron McCarter, air safety investigator with the NTSB, is that the rear tail section of the aircraft became detached during the flight.

"Onboard (the helicopter) were two pilots and seasoned professionals about 1300 or 1 p.m. local time, several credible witnesses of the helicopter transitioning the area behind me over Elba, New York, at about 2,000 feet observed and heard a loud boom. We don't know which occurred first (the tail separating or the boom). The tail separated from the helicopter and was found 300 feet from the main wreckage."

The main wreckage was in a gully just a few yards from the edge of Norton Road, about a mile north of Edgerton Road.

McCarter said he will be at the accident scene gathering evidence for three to five days.

"The on-scene portion of the investigation is only a small part of a much larger list, or process," he said. "Most of the work being done by the investigative team happens behind the scenes when the on-scene portion is over. In 10 days, I will be completing the preliminary report. In approximately 12 months, the factual report, followed very shortly by the probable cause, signed off by the Transportation Safety Board members (will be released)."

The cause won't be determined until the investigation is complete, and that investigation, regardless of what the evidence shows now, looks at all factors of the case, McCaster said.  That includes mechanical, environmental, and human elements, and how all three elements interacted.

While both Sauer and Dietrick are experienced pilots, they were on a training mission.

"Even though they are seasoned pilots, you know how much time they had in this particular helicopter?" McCarter said. "I'm not trying to equate aircraft with cars, but have you ever gotten to a car rental that was completely different than yours? It takes you a while to kind of figure out where all the buttons are and how how to maneuver. So that's what we're looking at, we're looking at their familiarity with the machine, how much experience did they have in this particular machine, in addition to all the other aircraft that they have flown."

Wreckage to be examined in Delaware
The wreckage, which was spread over a 2,000-foot area from beginning to end, will be transported to Clayton, Delaware.

"It will be transported back to this facility to a two-dimensional assembly of it on a hangar floor and we'll be able to see how the helicopter -- it can assist us in determining how the helicopter came apart and what happened first."

He added, "We will be doing a thorough engine check. We're gonna be checking on the rotor blades. We're gonna be checking the tail rotor. And we're gonna be downloading data."

While the Bell 429 doesn't have a "black box" as most people are familiar with -- its data isn't in a hardened protective case -- McCarter is confident the flight recorder data can be recovered.

Investigators will also look at flight and maintenance logs and any reports on the helicopter's performance on previous flights.

The aircraft was manufactured in Canada so by international treaty, Canadian aviation experts will be participating in the investigation.

McCarter indicated he doesn't believe there was anything of the ordinary for a training mission prior to the crash.  The mission started at the Genesee County Airport at 11:15 a.m. and the crew did a typical training flight pattern around the airport for about an hour before heading toward Elba.

Once the tail separated, McCarter said, the pilot would have found it impossible to maintain directional control over the aircraft.

"That tail rotor is what keeps the nose of the helicopter pointed in the correct direction," he said. "Because the torque when the rotor blades are spinning around the helicopter, the fuselage wants to spin in the opposite direction, if you remember your high school physics, so the tail rotor actually keeps the nose of the helicopter pointed in a specific direction."

Of the nine prior crashes involving the Bell 429, four claimed six lives.

Prior aviation crashes locally
Of the nine Bell 429 crashes, one was in Batavia on Oct. 6, 2021. That 429 was also owned and operated by Mercy Flight but was not the same aircraft involved in Wednesday's accident. There were no injuries when that helicopter had a hard landing at the Genesee County Airport.  The cause has not yet been determined.

There has been one other helicopter crash in Genesee County over the past 30 years. On Dec. 27, 2003, in Byron, when a pilot practicing autorotations over an airport open field made a hard landing. The pilot was seriously injured. 

The NTSB reported, "The pilot reported that he felt a shudder during the autorotation and tried to regain airspeed by using forward cyclic, but he was unable to regain airspeed. Examination of the helicopter found evidence of low main rotor rpm. No discrepancies were found with the flight controls and engine."

Previous airplane accidents, as reported by the NTSB, in Genesee County:

• March 31, 1983, Batavia, Cessna 182, mechanical failure, four aboard, no injuries;
• Sept. 24, 1983, Batavia, Cessna 152, an unexpected gust of wind on landing, two aboard, no injuries;
• Oct. 7, 1984, Cessna 150H, pilot error at dusk, no injuries; 
• May 17, 1985, Batavia. Piper PA-22-150, commercial-rated flight instructor encountered unexpected wind at takeoff, no injuries;
• May 29, 1985, Batavia, Piper PA-28-235, loss of power during takeoff, two aboard, no injuries;
• Oct. 15, 1986, Le Roy, Piper PA-38, instructor error, two aboard, no injuries;
• June 20, 1987, Batavia, Cessna 177RG, mechanical failure resulting in an emergency landing, no injuries;
• March 17, 1991, Le Roy, Cessna 172M, inexperienced pilot error in poor lighting conditions, four aboard, no injuries;
• Feb. 15, 2004, Batavia, Cessna 172E, the inability of the pilot to maintain control in winds on an icy runway, no injuries;
• June 15, 2007, Cessna 172s, student pilot error, no injuries;
• Feb. 7, 2009, Le Roy, Cessna 172A,  pilot error in heavy winds, no injuries;
• July 15, 2011, Batavia, Murphy Aircraft Elite, pilot error, one serious injury;
• Aug. 2, 2012, Alexander, Piper PA-25-260, pilot error, no injuries;
• Sept. 20, 2014, Bethany Center, Cessna 182A, pilot error, no injuries;
• June 11, 2915, Le Roy, Brandt Leroy E Challenger II, pilot error, no injuries;
• Oct. 27, 2019, Batavia, Beech A36, pilot error in heavy winds, four aboard, no injuries;
• June 1, 2020, Le Roy, Beech 36, pilot error, no injuries.

The only other fatal aviation crash in Genesee County since the early 1980s was on Oct. 2, 2020, in Corfu, which claimed the lives of attorneys Steve Barnes and Elizabeth Barnes. The cause of that crash remains undetermined.

CORRECTION: There was another fatal airplane crash in Genesee County on Aug. 11, 2001.  Two people were killed when a Dominiak Kitfox crashed in Byron. Alcohol and drugs were found in the inexperienced pilot's blood.

Press release:

Twenty first responders from nine fire departments participated in the twelve-hour Officer Development:  Firefighter Health and Safety Course, which was held from March 23 through April 13, 2022.

The course provided current and potential fire officers with a basic knowledge of effective communications for both administrative functions and for emergency incidents. Students were provided activities to apply skills learned in addition to conducting a size-up based on emergency incidents. Additionally, this course provided the Company Officer with the skills needed to identify and prevent common safety hazards and to perform an initial accident investigation.  Students must have completed the basic firefighter courses prior to participating in this course.  Successfully completing the Officer Development:  Firefighter Health and Safety were:

BATAVIA, TOWN

• Joshua M. Finn
• Dwayne J. Fonda, Jr.

BROCKPORT

• David R. Stratton

CORFU

• James C. Hale
• Matthew P. Lenhard

ELBA

• Nicole M. Boldt          
• Nathan J. Tabor          

LE ROY

• Fay Fuerch
• James D. King
• Stephanie A. Mcvicker
• Brie L. Rogers

OAKFIELD

• Justin  Cooper
• Annette J. Johnson
• Andrew S. Pilc
• Collins J. Scheiber

PAVILION

• Jeffery L. Freeman

SOUTH BYRON

• Vitorrio J. Muoio
• Jeremie J. Rassel

STAFFORD

• Randal J. Henning                    
• Chad A. Rambach