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Clarification on the Craig Lawson, Jason McNeil case

By Howard B. Owens

The family of Jason McNeil, the former WNY resident seriously injured after being struck by Craig Lawson at a Kid Rock concert a year ago, has asked we clarify some prior reporting on the case.

At a pre-trial hearing in January Deputy Lonnie Nati testified that immediately after the incident, Lawson made statements indicating that he and McNeil had been involved in a confrontation and that Lawson said, "he never should have touched my wife."

Not expecting a plea deal, we were not at Lawson's court appearance last week where Lawson entered a guilty plea to second-degree assault in exchange for a maximum one-year jail term. We reported the mere fact of the plea based on information provided by the D.A.'s office. At the hearing, Lawson made a statement we were not informed of until this morning.

Lawson said:

I've had the opportunity with my lawyers to again review the evidence the people will present against me at trial. I admit the individual I struck was not the person I encountered earlier while leaving the concert.

Lawson made no other statements concerning the events of July 5, 2013. He will be sentenced Aug. 18.

UPDATED: Two men from Genesee County reported killed in Thruway crash in Henrietta

By Howard B. Owens

Two men from Genesee County are dead following a horrific multi-vehicle accident on the Thruway in Henrietta yesterday afternoon.

Trooper Jason Jones, PIO for Troop T, confirmed the two victims were from Genesee County, but said the State Police are not releasing the names pending notification of family members.

One victim was from Batavia, the other from Darien.

The accident was reported at 4:30 p.m. near Exit 46. Six vehicles were involved.

UPDATE July 1 (information from State Police press release): Killed in the accident were Michael F. Pehrson, 51, of Batavia, and Christopher M. Rheinheimer, 25, of Darien. They were pronounced dead at the scene after their pickup truck was struck head on by a commercial vehicle hauling a construction dumpster. That vehicle was traveling eastbound when it left its lane, crossed the center median, and traveled into westbound traffic, according to officials' preliminary investigation. State Troopers, Fire, EMS, and Thruway Authority personnel immediately responded to the scene. The operator of the commercial vehicle, Roger L. Labar, 51, of Prattsburgh, was transported to Strong Memorial Hosptial with non-life-threatening injuries. Seconds after the first collision, a westbound tractor-trailer hauling produce struck the damaged guide rail from the first collision, which punctured its fuel tank causing it to become fully engulfed in flames. The operator of the tractor-trailer, a 49-year-old man from Scarborough, Ontario, Canada, quickly exited the vehicle and was uninjured. A fourth vehicle traveling behind the tractor-trailer struck debris in the road causing it to spin and be struck head on by a fifth vehicle. The operator of the fourth vehicle, a 70-year-old man from Canandaigua, was transported to Strong Memorial Hospital with non-life-threatening injuries. The driver of the fifth vehicle was uninjured. A sixth vehicle traveling westbound on I-90 struck debris causing damage to the vehicle only, no other injuries were reported. State Police Bureau of Criminal Investigation and Collision Reconstruction Units responded to the scene and are handling the investigation. The New York State Department of Environmental Conservation and New York State Department of Agriculture & Markets also responded to the scene to assist with the fuel fire and perishable cargo of the tractor-trailer. At this time, no charges have been filed against the commercial vehicle driver, and the investigation remains ongoing. All westbound traffic was diverted off the Thruway at Exit 45 (Victor) for the duration of the investigation at the scene.

Photos submitted by Mark Hough.

Law and Order: Motorcyclist accused of fleeing deputy, driving 120 mph

By Howard B. Owens

Chad Graham Desmit, 20, of Gillette Road, Albion, is charged with unlawful fleeing a police in a motor vehicle, 3rd, reckless driving, speeding (120 in 55 mph), failure to stop at stop sign and unsafe turn. Desmit allegedly failed to stop for an alleged traffic violation and instead fled from police. Deputy Joseph Corona attempted to stop Desmit at 9:24 p.m. Monday on Lockport Road, Oakfield. Desmit was allegedly pursued through the towns of Oakfield, Elba and Byron and into Orleans County, where he eventually stopped. Desmit was jailed on $10,000 cash bail or $20,000 bond.

Richard Gerald Harfford Jr., 36, of Central Avenue, Batavia, was arrested on a bench warrant related to an unlawful possession of marijuana charge. Harfford was located by Batavia PD during an unrelated investigation and turned over to the Sheriff's Office. He was jailed on $340 bail.

Lance M. Mercado Sr., 24, of Holland Avenue, Batavia, is charged with disorderly conduct. Mercado allegedly tried to fight another person while in the presence of a police officer.

Loma J. Burshtynsky, 55, of Otis Street, Batavia, is charged with felony DWI and felony driving with a BAC of .08 or greater. Burshtynsky was arrested following a complaint at 7:33 p.m. Sunday of a driver entering Wendy's and becoming belligerent. Burshtynsky was jailed without bail.

A 17-year-old resident of Haven Lane, Batavia, is charged with forcible touching. The youth is accused of forcibly touching the intimate parts of another person.

Photos: A big cloud and some deer off Bank Street Road

By Howard B. Owens

From Downtown Batavia this evening, I spotted this towering cloud to the north, so I decided to drive out toward East Saile Drive to get a better look at it. On the way back down Bank Street Road, there were three deer reasonably near the road (they're often in that farmfield, but usually too far away for any lens I own), so I managed to get a couple of shots.

City fire hires experienced firefighter from Lockport

By Howard B. Owens

An experienced firefighter joined the City Fire Department today. Zach Gowanloch spent two-and-half years with Lockport before falling victim to a budget ax. Recently married and a new father, Gowanloch is also EMT trained.

"I came down, met with the chief, liked what I saw, was very impressed, met with a couple of the guys," Gowanloch said when asked about why he applied for the job. "It just seemed like a nice place to work."

Gowanloch and his wife are looking for a new home in Batavia.

Kids seek cool of Spray Park on day of first heat advisory of the summer

By Howard B. Owens

Kasandra Sturgeon plays with her sister Hannah at the Spray Park in Austin Park today. It was Hannah's first trip there.

Dozens of kids were out this afternoon on what may be the hottest day of the year so far. The National Weather Service has issued a heat advisory, warning of an increased possibility of heat-related illness on a day with temperatures into the 90s and high humidity.

Stay cool and stay hydrated.

Sponsored Post: New this fall - Universal Pre-Kindergarten at Lucky Ducky Daycare!

By Lisa Ace

We're pleased to announce our Universal Pre-Kindergarten Pre-school
Program (UPK)
 
Lucky Ducky Daycare UPK Vision Statement:
At Lucky Ducky we believe children learn when they play and are able to freely explore, discover and problem solve in creative ways. Children naturally learn by doing, and as a teacher's role, we are obligated to promote this by allowing the children to use tools and materials in a creative environment that invites children to observe, be active to make
choices and to experiment. The environment as well as the teacher, is to foster a place for concrete opportunities, interactions with people, ideas, and materials in order to promote the child's social, emotional, cognitive, and physical growth.
 
What is Universal Pre-Kindergarten? Universal Pre-kindergarten is a pre-school program for children turning four (4) on or before December 1. Activities are appropriate to the age and developmental level of the child.
 
Is it a half or full day? It is a half-day program in the morning for three hours, 9:00am - 12pm.
 
How many days a week? UPK meets five (5) days a week. Our program will operate the same as the Jackson Primary School calendar. Proof of residency is required.
 
How much does it cost? There is no charge or fee for your four (4) year old child to attend (For Batavia City School District).
 
How can I enroll my child? Enrollment is through the Batavia City
School District. Also, your child must meet all NYS immunizations and physical exam requirements. Requirements will be contained in the registration packet. Be sure to request your UPK site choice as Lucky Ducky Daycare.
 
How can I learn more about UPK? You may visit us at Lucky Ducky Daycare by making a visitation appointment and by picking up a registration packet at Batavia City School District Office, located at 260 State Street.
 
Lucky Ducky Daycare, dba • Divine Family Living, Inc. is located at 4007 Pearl Street Road in the town of Batavia. For more information on programs contact the Director, Kathy Seweryniak at 585-343-2465 or visit us online at: www.myluckduckydaycare.com

Collins hails Hobby Lobby ruling

By Howard B. Owens

Press release:

Congressman Chris Collins (NY-27) today released the following statement on the Supreme Court’s decision in Burwell v. Hobby Lobby Stores, Inc. (formerly Sebelius v. Hobby Lobby Stores, Inc.).

“The Supreme Court’s ruling today is a victory for our First Amendment rights and the free exercise of religious beliefs,” Congressman Collins said. “Obamacare’s contraceptive mandate is an intrusion on the religious freedoms of private employers, and was decided to be what many of us expected: unconstitutional. The Burwell v. Hobby Lobby Stores, Inc., case is another example of this Administration’s hubris and extreme overreach into every corner of our lives.”

Photos: Troop 6006 Eagle Ceremony

By Steve Ognibene

Boy Scout Troop 6006 had its first Eagle Ceremony of 2014 Sunday afternoon at the First United Methodist Church on Route 63, Batavia. Dennis Alton received the highest Boy Scout award he could achieve. Pictured above from left are Brian Mcallister who received the "Mentor Pin," Troop Scoutmaster Ron Bernard, Dennis and his parents.

Dennis held off his special day so brother Ken who just returned from the service in Afghanistan could be there. Pictured below are Dennis and Ken. The last photo is with his family who celebrated the event. Many scouts and assistant leaders came today to show support for Dennis.

Law and Order: Canadian accused of causing a ruckus at Darien Lake hotel

By Howard B. Owens

Ronald Aaron Arrindell, 29, of Austen Court, Ashawa, Ontario, Canada, is charged with obstructing governmental administration, 2nd, and disorderly conduct. Arrindell is accused of causing a disturbance at the Darien Lake Hotel and Resort. He allegedly refused to comply with being arrested and physically removed from the vehicle he was in. Arrindell was jailed on $1,000 bail.

Alexander Colon-Colon, 20, of Swan Street, Batavia, is charged with unlawful possession of marijuana, aggravated unlicensed operation, 3rd, no/insufficient tail lamp and failure to dim headlights. Colon-Colon was stopped at 2:47 a.m. Thursday on East Main Street, Batavia, by Deputy Joseph Corona.

Joshua M. Laureano, 23, of Lackawanna, is charged with criminal possession of a controlled substance, 5th, unlawful possession of marijuana and speeding. Laureano was stopped at 2:25 p.m. Saturday by State Police in the Town of Alabama. No further details released.

Photos: Block party on Morton Avenue, sponsored by Vibrant Batavia

By Howard B. Owens

Residents of Morton Avenue came together today for a block party sponsored by Vibrant Batavia.

While Vibrant Batavia has sponsored other community events, this was the first block party, said Leanna DiRisio, director of Vibrant Batavia.

The event was largely organized by residents Bill and Lisa Scott with help from Rick and Dawn Calkins.

Food and drink was provided by Vibrant Batavia and cooked by Bill and Rick. Neighbors brought beer, desserts and side dishes and pitched in with recreational activities from Ping-Pong to sprinklers to basketball.

Members of the Batavia Fire Department stopped by with Ladder 15 and Officer Nedim Catovic represented Batavia PD (in the Ping-Pong battle between Police and Fire, Fire won 21-19, and then fire went on to trounce Local Media 21-6).

Councilmembers Eugene Jankowski and Patti Pacino also stopped by.

Photos: Pavilion Days 2014

By Howard B. Owens

Tom Stringham, cub master for Pack 6016 in Pavilion, makes fire during the Pavilion Days celebration on West Park Street. The street was filled with vendors and community groups for the annual event.

Library Trustee Debbie Davis points to the floor plans for a new library, which is being funded largely by a donation of $200,000 by Edgar and Mary Louise Hollwendel.

Kaidryn, 4, gets her hair braided by Alyssa Park.

Elijah, 10, weaves while Sue Conklin provides instruction.

Photos: Lions Club fishing tournament at Dewitt

By Howard B. Owens

Joshua von Kramer is all business as he casts his line into the pond at DeWitt Recreation Area today during a youth fishing tournament sponsored by the Batavia Oakfield Lions Club. Fishing with him are Nicole and Eric von Kramer.

Reice Woodward reels in a catch.

Reice Woodward

Ed Staniszewski with the boys and girls derby grand prizes.Other prizes on the table.

Joey Staniszewski

Blake Bradt gets her catch measured by Joe Bradt.

The tournament was dedicated to the memory of Kendra Haacke, who died this Spring at age 31. Above, members of the Haacke family, Melissa, Chris, Ken, Emma, Mary Ann and Lily.

Vibrant Batavia sponsors Morton Avenue block party

By Billie Owens

Bill and Lisa Scott, who live on Morton Avenue in the City of Batavia, hosted its premiere block party this afternoon, sponsored by Vibrant Batavia. It was a nice get-together. The sponsor provided hot dogs, hamburgers, condiments and cold pop and water. Those with odd-numbered addresses brought sides dishes and those with even numbers brought desserts.

The street was closed off. No music but lots of conversation and kids running around, playing in the sprinklers. Water balloons were tossed and exploded accordingly and there was also Ping-Pong, AKA table tennis, and basketball and a couple of other games. A police officer showed up to greet the neighbors, as did a bunch of city firefighters with their ladder truck.

Above is Howard Owens, who was surreptitiously yet eagerly photographed by Bill Scott. Howard is giving his giant dog Pachuco prompts to do tricks and the rewards are pieces of a hot dog. Bill cooked them and noted they were available "burned, half-burned, or not burned." Not sure which one Pachuco got, but he's not choosy.

More T/K

Grand Jury indictments: DWAI incident that seriously injured five people, plus couple of alleged dope dealers

By Billie Owens

Michael L. Sanders is indicted for the crime of driving while ability impaired by drugs, as a Class E felony. It is alleged that on Nov. 29 in the City of Batavia, he caused serious physical injury to another person while operating a 2013 Acura on Oak Street with his abilities impaired by drugs. In count two, he is accused of vehicular assault, 1st, a Class D felony, for allegedly causing serious injury to another person while driving the same vehicle with his ability to do so impaired by drug use, thereby seriously injuring more than one person. In counts three, four, five, six and seven, respectively, Sanders is accused of the same thing, specifically seriously injuring five different named individuals.

Kevin J. O'Connell Jr. and Samantha L. Hicks are indicted for the crime of criminal possession of a controlled substance, 3rd, a Class B felony. It is alleged that on Feb. 24 at 62 S. Main St., Batavia, they knowingly and unlawfully possessed a narcotic drug, cocaine, with the intent to sell it. In count two, the defendants are accused of criminal possession of a controlled substance, 3rd, a Class B felony, for allegedly knowingly and unlawfully possessing a narcotic drug, heroin, with the intent to sell it. In count three, they are accused of criminal possession of a controlled substance, 4th, a Class C felony, for allegedly knowingly and unlawfully possessing one or more preparations, compounds, mixtures, or substances containing a narcotic drug, cocaine, with an aggregate weight of one-eighth ounce or more.

Pembroke youngsters selling 'Kool-Aid for Cancer' this summer

By Howard B. Owens

A group of young go-getters in Pembroke are doing what a lot of children do in the summer -- setting up a lemonade stand, but these kids aren't aiming to build a fortune. They're trying to raise funds to support cancer research.

Making the pitch for your donations by selling Kool-Aid, iced tea, lemonade and bottled water are Abigail Wasielewski, Alyssa Klecker (bother of Austin Heinemean who has been in the news before because of his fight to beat cancer), Zachary Wasielewski (also Austin's brother) and Alexandria Wasielewski.

The youths will be set up periodically throughout the summer at 2337 Main Road, Pembroke.

All proceeds will be donated to Roswell Park Cancer Institute.

Photo and information submitted by Steven Wasielewski.

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