I took Rocky out for a nightime walk and came across Alex Asselin and Brian Wowk having a catch on Jackson Street.

"Can you even see the ball?" I asked.

"Oh, yeah," Brian said.

Alex asked if I had ever seen them out before. Only during the day, I replied.

"We're out here nearly every night," he said.

The two young men are freshmen at GCC and part of the baseball program. Asselin is a third baseman and catcher from Gatineau, Quebec, Canada, and Wowk is a shortstop and second baseman from Toronto.

The night catches have "definitely helped my eye-hand coordination," Asselin said.

Alex Asselin

Brian Wowk

Press release:

The Batavia Business Improvement District (BID), Batavia Development Corporation, Genesee County Chamber of Commerce and the Genesee County Economic Development Center (GCEDC) will host investors and developers for a luncheon and tour prior to the sixth annual BID Batavia Wine Walk on Saturday, Oct. 3.

Prior to the wine walk, a lunch will be served followed by tours of various sites and commercial spaces in the City of Batavia, including Tompkins Bank of Castile’s new call center. The tour from 1 to 3 p.m. and the wine walk afterward are for any developer, business owner or investor interested in learning about economic development opportunities in the City and the various incentives that are available through the GCEDC.

“This is a great opportunity for developers to see first-hand some of our unique downtown properties and sites,” said Steve Hyde, GCEDC president and CEO. “This event is part of our ongoing efforts to inform and educate developers about the many business opportunities that exist in Genesee County, and specifically the City of Batavia.”

“The BID offers a unique and walkable downtown experience that is important to both the baby boomers and the millennium generation,” said Laurie Oltramari, the new executive director of the Batavia Business Improvement District (BID). “The needs of these large generations need to be addressed and have great potential for investment. Having a walkable downtown is essential to its success, and we have it. Now we need to show potential investors how eliminating gaps when walking down the street is critical to ‘creating a place.’ ”

“The Genesee County Chamber of Commerce supports and encourages business development throughout Genesee County,” said Tom Turnbull, president of the Genesee County Chamber of Commerce. “With its location between Buffalo and Rochester in the heart of Western New York, no other county can offer the strategic advantages that Genesee County can. As the county seat and the logistical center of the county, the City of Batavia is an ideal spot for developers to grow their business footprint in the Upstate New York market.”

The registration deadline for the luncheon, tour and walk is Sept. 30. Free hotel accommodations are available for out-of-town developers and guests. For more information and to register, please contact Laurie Oltramari at the BID at 585-344-0900 or loltramari@downtownbataviany.com.

Smoke is reportedly coming from a barn at 4803 Barrville Road. Elba Fire Department and Mercy medics are responding.

Lt. Gov. Kathy Hochul visited Batavia's Farmer's Market at Batavia Downs today and purchased some fresh produce following a short chat with Dean Norton, president of the New York Farm Bureau.

Earlier, Hochul visited the Holland Land Office Museum to help draw attention to this weekend's celebration of the 200th anniversary of the Holland Land Office. There is a rededication ceremony planned for 11 a.m., Saturday.

Press release:

Honoring jazz tradition with straight-ahead swing and spontaneous improvisation, the Kazzrie Jaxen Quartet strives to express the beauty of a melodic line, deriving collective inspiration from the musical philosophies of many jazz greats. On Friday, Oct. 2, hear the Quartet's unusual harmonic approach at Genesee Community College's Stuart Steiner Theatre. They will perform one show only beginning at 7:30 p.m.

The Kazzrie Jaxen Quartet brings together the elemental qualities of its four creative members; the lighter-than-air swing of drummer Bill Chattin, the earthy melodic pulsations of bassist Don Messina, the oceanic depth of tenor Charley Krachy and the fiery adventurousness of pianist Kazzrie Jaxen. The Quartet's music includes standard tunes, jazz lines, originals and occasional excursions into the abstract. Their approach stretches the music in unique and complex directions, serving to the feel and pure joy of improvisation.

The show will feature improvisations on tunes from the American songbook, compositions by Lennie Tristano, Charlie Parker, Billie Holiday and Lester Young, original lines and songs and free group and solo improvisations. The Quartet encourages and enjoys "questions and answers" after their performances.

Tickets to the Kazzrie Jaxen Quartet show are $8 for adults, $5 for GCC faculty/staff and senior citizens, $3 for GCC students. Alumni with ID receive $2 off the full ticket price. Tickets are available through the GCC box office at (585) 345-6814 or via e-mail boxoffice@genesee.edu. Advanced reservations are strongly encouraged. For more information, contact Associate Director of Marketing and Communications Donna Rae Sutherland at (585) 343-0005, ext. 6616, or via e-mail dsutherland@genesee.edu.

Press release:

Trapping permits will be issued for the Oak Orchard, Tonawanda and John White Wildlife Management Areas (WMAs) beginning Oct. 1, for the 2015-16 license year, the state Department of Environmental Conservation announced today.

Permit applications can be obtained weekdays from Oct. 1 to Nov. 30, by appearing in person at the Iroquois National Wildlife Refuge Office on Casey Road between 8 a.m. and 4 p.m., or by writing to the NYS Department of Environmental Conservation, Bureau of Wildlife, 1101 Casey Road, Box B, Basom, New York 14013.

Trappers who obtain a permit will be required to report their harvest and trapping efforts in each area. The Western New York trapping season for fox, raccoon, coyote and other upland furbearing animals opens Oct. 25, 2015, and closes Feb. 15, 2016. On the John White WMA the start of upland trapping will be delayed until Nov. 1.

This year’s trapping season for mink, muskrat and beaver in this area of New York including Tonawanda, Oak Orchard and John White WMAs will run from Nov. 25, 2015 until Feb. 15, 2016.

The start of muskrat and mink trapping at the three WMAs starts later than the Western New York trapping season and will run from Dec. 5, 2015 to Feb. 15, 2016. Wetland muskrat and mink trapping may be limited to dike areas only with no marsh trapping in wetland impoundments. This action is intended to allow the muskrat population to recover after the very hard winter of 2014-15 and an apparent reduction in muskrat numbers in the area. A decision will be made by October 1 and information will be provided when trapping permits are issued.

The maximum number of traps a trapper can set for muskrat and mink on the three WMAs is 25. To accomplish this, the DEC issues 25 numbered tags to each trapper who obtains a permit. A tag must be attached to each trap the trapper is using on the areas. Any trap that does not have one of these tags attached is considered an illegal trap. Individual trappers can only operate traps that contain tags with their assigned numbers. Traps set for upland trapping and beaver will not require numbered tags and will not be considered in the trap limit. The trap limit provides a more equitable distribution of the harvest and prevents trappers from monopolizing the better trapping areas.

A Sheriff's deputy thought he spotted a warrant suspect along the bank of the Tonawanda Creek behind the old water plant this afternoon, and because this individual is considered a flight risk, multiple patrol units responded to assist in the suspect's apprehension.

On scene were patrols from the Sheriff's Office, State Police and Batavia PD.

"With him being on the creek bank, he's got multiple options of which way to go, so we tried to get some people in the area in case he took off on us," said Sgt. Dan Coffey, Batavia PD.

It turned out the person the deputy spotted wasn't the suspect. It was his brother.

With that man were two other individuals. They had tucked themselves away in a wooded area.  

When patrols responded the three individuals were found in possession of a substance that is being sent to the crime lab for analysis. They were also allegedly in possession of needles; they are being charged with criminal possession of a hypodermic instrument, Coffey said. 

Additional charges may be pending, depending on the outcome of the lab tests.

The names of the three men arrested will likely be released later today.

The original warrant suspect has not yet been located.

The Batavia man accused of scalding his girlfriend's dog with boiling hot water would not admit in court today to the crime, but he did plead guilty to a cruelty to animal charge.

Brandon Maldonado, 26, entered his plea under what's known as an Alford basis.

That means he doesn't admit to actually committing the crime, but recognizes that a jury would most likely weigh the facts of the case and find him guilty.

The Class E felony, under New York's agriculture and markets law, carries a maximum prison term of two years. The plea deal caps Maldonado's sentence at 18 months.

Maldonado and his girlfriend, Melissa Broadbent, were arrested a month ago.

According to statements provided by police from Broadbent's daughters, a month before that, Maldonado poured boiling water in a cup and then dumped it on the family's dog, Rocky.

Broadbent is accused of assisting Maldonado in trying to cover up the crime. Her case is still pending.

Once police became aware of the abuse of Rocky, the dog was taken to State Street Animal Hospital. Veterinarian Fran Woodworth reported that Rocky suffered serious burns and had been in significant pain. He will have some scars for the rest of his life.

Within days of her arrest, Broadbent appeared in City Court and willingly surrendered ownership of Rocky, who was staying at the county's animal shelter. More than a week ago, Rocky was adopted by a local resident.

Maldonado's bail of $10,000 cash or $20,000 bond was continued pending his sentencing in two weeks; however, he is also being held on no bail pending a parole violation review.

Previously:

• Rocky report
• Rocky has a new home -- ours
• Owner of scalded dog surrenders ownership during court appearance
• Dog burned by hot water in good spirits at Animal Shelter
• Batavia couple jailed without bail after young pit bull scalded with water

Statement from Tim Hens, county highway superintendent:

Perry Road is closed 150 feet south of 9596 Perry Road between Cole Road and Black Street Road for an emergency culvert replacement. The road will be closed for approximately three weeks. County Highway is making the repairs.

Low water due to the recent dry weather allowed for a more detailed inspection on the culvert. The inspection revealed significant deterioration below the normal water level that could result in a collapse of the culvert. 

The Genesee Symphony Orchestra will be conducted in the season-opening performance on Sunday by S. Shade Zajac.

Zajac is one of four conductor candidates auditioning for the position for next season.

The graduate of Nazareth College in Rochester is a cellist and composer who currently works as a freelance conductor. His awards include the John Phillip Sousa Award and he's twice won the Nazareth College Symphony Orchestra Concerto/Aria Competition.

Of Sunday's show, he promises a "showcase of sound," with pieces from Korsakoff, Copland, Grieg and Borodin.

The concert will also feature Raymond Feng, of Rochester, on piano. Feng was winner of the Young Artist Competition.

To purchase tickets, visit the GSO Web site.

Photos from a drive down Route 237 through Stafford and Byron while I was out trying to chase down a story (which hasn't, yet, turned into a story, but at least I came away with a couple of pictures).

Sometime around 5 p.m., a person walked into Plaza Spirits and started talking with the clerk. Somehow, the man distracted the clerk and when the clerk wasn't looking, the man reached into the cash drawer and grabbed money.

He then ran out of the store, located at 563 E. Main St. in Eastown Plaza.

It's not known how much cash was taken.

The suspect is described as a heavy-set black male. 

A detective responded and processed the crime scene.

No further information is available at this time.

A 33-year-old Holland Avenue resident has been arrested, accused of oral sexual contact with a female less than 11 years old.

Kenneth J. Tidd II is charged with two counts of predatory sexual assault against a child, two counts of first-degree criminal sexual act and second-degree course of sexual conduct against a child.

He was jailed without bail following arraignment in City Court.

The investigation opened over the weekend following a complaint to police. The child was seen by personnel at the Child Advocacy Center.

Tidd is accused of sexual contact with the child at times between 2013 and present.

Tidd is scheduled to next appear in court Thursday.

The man pulled from a storm drain in the parking lot in front of Kohl's Department Store on Friday told a deputy while at the hospital later the he had shot up all of the $100 in heroin he purchased that morning in Rochester, according to a court document.

Wayne L. Rinker, 30, of Webster, was barely breathing -- in fact, at one point when he was first discovered a deputy had a hard time detecting a pulse -- when he was found by deputies lying in inches-deep water and mud in the storm drain.

When first located, deputies said it just looked like a hump in the middle of the pipe. They didn't confirm it was a person until they reached him.

The heroin may have contributed to his medical condition, according to sources. He was transported to UMMC some five hours after a deputy saw him enter the storm-drain system through a drainage ditch behind Office Max on Veterans Memorial Drive.

While deputies felt confident Rinker was in the storm drain, there was no certainty until he was actually located.

At least one deputy expressed concern during the search that if they walked away without confirming his location, he could be trapped underground, so the search pressed on with lights, binoculars and sewer pipe cameras.

He was located once deputies Michael Lute and Chad Cummings agreed to enter the drain and crawl from end to end if they had to to reach him or confirm the drain was vacant.

Rinker was suffering from mild hypothermia when he was pulled from the drain.

Sheriff Gary Maha said Rinker would have died in that storm drain if deputies hadn't located him.

He's now in jail on $5,000 bail or $10,000 bond, charged with petit larceny and conspiracy. Other charges may be pending.

His alleged partner in crime, Michael Delvalle, 21, of Rochester, was also charged.

According to a court document, Rinker told a deputy that he bought $100 in heroin and Delvalle purchased $40 in cocaine. Statements in Devalle's court file indicate deputies found a quantity of cocaine in Delvalle's vehicle, which he admitted was his.

The two men allegedly loaded up a shopping cart with Legos and dog food, using the dog food to cover the Legos.  

"I didn't intend on stealing anything, but was with someone who was," Rinker reportedly said.

Delvalle reportedly told a deputy that Rinker acted as a lookout while he gathered the toys.

"I don't have any money," Delvalle reportedly said. "I lost my job recently at Autozone in Greece," and, "My kids gave me a list of toys they wanted," and "I came into Kmart to steal toys for my kids," and "I wanted to watch my kids enjoy the Legos."

Rinker was an active conspirator in the thefts, Delvalle reportedly told the deputy.

For Rinker's part, he didn't admit to much more than, "I was walking around the store with him. He was pushing the cart."

A loss prevention officer gave a statement to authorities saying she saw Rinker place the dog food on top of the toys.

When Rinker and Delvalle were stopped by security, the two briefly spoke with the store employee before Rinker fled.

"I took off from him so I wouldn't get in trouble," Rinker reportedly told a deputy; and, "I'll be honest with you, I gave the security guy an ID that wasn't me and then took off so I wouldn't get caught."

Previously: Police looking for fleeing subject near Office Max, Batavia Downs

Video by Dan Fischer, WBTA:

A second autopsy to try and determine when and how a baby died has been ordered for the infant found in the Liberty Street apartment of 28-year-old Christina Colontino.

Colontino was arrested in late August on a charge of second-degree murder.

The first autopsy was unable to establish with scientific certainty whether the baby was born alive, so Colontino, who had been held without bail, was released from jail. 

Judge Robert C. Noonan signed the order.

The next scheduled court appearance for Colontino, who is still facing a murder charge, is Thursday.

(via The Batavian's news partner, WBTA)

Previously:

• Liberty Street resident accused of murdering infant
• Hearing for murder suspect moved to Thursday
• Authorities can't prove live birth, so mother charged with murder released from jail
• No information forthcoming on why arrest made on murder charge before ME's report
• Candlelight vigil in Austin Park memorializes infant whose cause of death is undetermined

Kerri Lynn Forsberg, 43, of Fargo Road, Stafford, is charged with assault, 2nd. Forsberg was arrested on a warrant after she called 9-1-1 to report a disturbance. She was jailed on $100,000 bail.

Kristen M. Reilly, 18, of Bethany, is charged with driving while impaired by drugs. Reilly is accused of driving under the influence of marijuana. Reilly was arrested by State Police following a report of a one-vehicle accident on Mengs Road, Attica. Reilly allegedly suffered a knee injury and was transported to Wyoming County Community Hospital where a drug enforcement officer conducted an interview. She was also charged with failure to keep right and speed not reasonable and prudent.

Xavier Melendez, 28, of Reading, Pa., was arrested as a fugitive after being stopped by State Police on Route 63, Pavilion, for allegedly speeding. Melendez was allegedly wanted in Reading for escape after allegedly fleeing from police officers during a traffic stop. He was jailed in Genesee County on $1,000 bail and extradition will be arranged.

A 17-year-old of Batavia is charged with criminal possession of stolen property. The youth was observed on surveillance video leaving a room at Batavia High School with an allegedly stolen laptop and power cable and was arrested by State Police. The laptop was returned to the school. The youth was also arrested by Batavia PD and charged with petit larceny.

Luis Alberto Sauceda, 35, of South Wayne Street, Phelps, is charged with confinement of companion animal in a vehicle. Sauceda allegedly left a Chihuahua puppy in a vehicle on Labor Day while his family was inside Darien Lake Theme Park. Deputies were alerted by Darien Lake security staff. Deputies Chris Parker and Andrew Hale responded, provided the puppy with appropriate care and the dog was then transported to the Genesee County Animal Shelter.

Beau Thomas Bressler, 28, of Big Treet Road, Pavilion, is charged with felony DWI (two prior convictions in previous 10 years), felony driving with a BAC of .08 or greater, speeding, failure to keep right, unlicensed operation. Bressler was stopped on Route 20, Bethany, at 10:37 p.m. Saturday by Deputy Matthew Fleming. Bressler was jailed on $5,000 bail.

William H. Swader, 66, of Cedar Street, Akron, is charged with harassment, 2nd. Swader was allegedly involved in a road rage incident at 3:45 p.m. Friday on West Main Street, Batavia.

A 17-year-old resident of Walnut Street, Batavia, (name redacted by Batavia PD) is charged with trespass. The youth allegedly went onto a property posted with no trespressing signs and went onto the front and back porches and looked through the windows at the side of the residence.

Ashley A. Goodenow, 24, of Bank Street, Batavia, is charged with petit larceny. Goodenow allegedly stole $50 from her employer.

Lori A. Brightenfield, 55, of Maple Street, Batavia, is charged with criminal trespass, 2nd. Brightenfield allegedly entered the residence of her ex-boyfriend on Thorpe Street without permission and remained after being advised to leave. Brightenfield was released under supervision of Genesee Justice.

Eugene L. Sumeriski, 36, of Olyn Avenue, Batavia, is charged with felony DWI, felony driving with a BAC of .08 or greater, aggravated unlicensed operation, 1st, and disobeying traffic control device. Sumeriski was stopped at 1:34 a.m. Saturday on West Main Street, Batavia, by Office Darryle Streeter after allegedly being observed driving at a high rate of speed.

Tiffany Ann Reed, 21, of State Street, Batavia, is charged with criminal contempt, 2nd. Reed allegedly violated a stay away order of protection She was jailed on $5,000 bail.

Tammy L. Plesczynski, 38, of East Main Street, Batavia, is charged with petit larceny. Plesczynski was arrested on a warrant by parole officers and turned over to Batavia PD. He was jailed without bail.

Joshua S. Martaus, 32, no permanent address, Batavia, is charged with petit larceny and resisting arrest. Martaus is accused of shoplifting from Tops and trying to steal $64.29 in merchandise. Martaus was located by Deputy Chris Parker and Officer Frank Klimjack at a local restaurant and allegedly resisted arrest. He was jailed on $1,000 bail.

Austin C. Durham, 20, of Oak Street, Batavia, is charged with petit larceny and conspiracy, 6th. Durham is accused of assisting another person in stealing 30 packs of beer from Tops.

Elijah J. Richardson, 18, of Maple Street, Batavia, is charged with owning an unlicensed dog. Richardson was allegedly found walking an unlicensed dog on MacArthur Drive.

Misty Dawn Brabon, 35, of Marshall Road, Lyndonville, is charged with petit larceny. Barbon allegedly stole $168.28 in merchandise from Walmart.

Amanda Rose McDonald, 33, of Pearl Street, Batavia, is charged with petit larceny. McDonald is accused of stealing $88.44 in merchandise from Walmart.

A 16-year-old resident of West Main Street Road, Batavia, is charged with harassment, 2nd. The youth allegedly threatened a woman.

Veronica Mabel Blackwood, 26, of Sterling Place, Brooklyn, is charged with petit larceny. Blackwood allegedly stole $25.09 in merchandise from Walmart.

Lauren S. Murphy, 19, of West Buffalo Street, Warsaw, is charged with unlawful possession of alcohol under age 21. Murphy was charged following an investigation into a motor-vehicle accident at 4:25 a.m. Sept. 13 on Vernon Avenue, Batavia.

A 17-year-old resident of Batavia (name redacted by Batavia PD) was arrested on a warrant for alleged failure to appear in City Court. He was jailed on $5,000 bail or $10,000 bond.

Nathaniel L. Beglinger, 24, of Peaviner Road, Alexander, is charged with DWI, driving with a BAC of .08 or greater. Beglinger was allegedly involved in a one-car property damage accident at 2:20 a.m. Sept. 13 on Vernon Avenue, Batavia. The accident was investigated by Officer Felicia DeGroot.

Jennifer Lyn Stack, 29, of South Main Street, Batavia, is charged with petit larceny. Stack is accused of stealing the beverage Red Bull from a local store.

It's been just over a week since Rocky joined our family and during the week I've been asked several times how he's doing.

He's doing great. He's fit in well.

He and Pachuco are getting along fine. As for the cats, they've gotten used to him. If they challenge him, he backs down. If they run, he gives chase, and a sharp "no" usually ends the chase.

He's a ball of energy at times. He's loving and loves to be a companion. 

When we got him, his only apparent discipline training was "sit." I almost have him doing "down" pretty well now. He's walking on leash 100-percent better, at my side with no tugging.

In other words, he's displayed no apparent behavioral problems.  

One thing I forgot to mention in our post about adopting Rocky is a big thank you to the volunteers with Volunteers for Animals and the staff at the Animal Shelter. They obviously did a great job caring for Rocky and they were so, so helpful during our adoption process, full of information and useful advice.  

Previously:

• Rocky has a new home -- ours
• Owner of scalded dog surrenders ownership during court appearance
• Dog burned by hot water in good spirits at Animal Shelter
• Batavia couple jailed without bail after young pit bull scalded with water

The Kiwanis Club of Pembroke/Corfu/Darien hosted its annual classic car show at Pembroke Town Park today.

An accident with injuries is reported on Lewiston Road, just north of Galloway Road. Town of Batavia Fire Department and Mercy medics are responding.

UPDATE 11:59 p.m.: The driver of a pickup truck clipped a driveway sealing truck, causing the pickup truck to lose a side mirror. The driver of the pickup truck, after stopping, may have suffered a fainting spell and he is being evaluated by Mercy medics. He was not injured in the accident, however.

The Kiwanis Club of Batavia hosted its fifth annual Bidding on a Brighter Future Gala last night at the Genesee Community College Forum, with David Bellavia (top photo) serving as emcee.

Information is not yet available on how much was raised and whether that amount helped the club achieve its five-year goal of raising $150,000 for the Child Advocacy Center/Justice for Children.

The organizing committee, Jocelyn Sikorski, Anne Bezon, Jeanne Walton, Susan Maha, Gary Maha and Shannon Ford. Not pictured, Lawrence Friedman.