A motor-vehicle accident with injuries is reported in front of Jan's Smoke Shop, 383 Bloomingdale Road, Alabama. The occupants are conscious and alert. It is blocking traffic. Alabama Fire Department and Mercy medics are responding.
UPDATE 12:46 p.m.: One patient is being transported to Mercy Hospital of Buffalo.
Contractors for National Grid are busy this week along Oak Street removing trees that have become increasingly misshapen over the years by trimming meant to keep utility lines clear of obstructions. The trees will be replaced by species that aren't expected to interfer with the utility lines.
David Michael O'Connor, 55, of Byron, has been charged with attempted aggravated murder of a police officer, the Sheriff's Office has announced.
O'Connor is accused of firing a single round from a .22-caiber rifle from the window of his apartment at the Byron Hotel at Deputy Andrew Hale yesterday, blowing out the windows of Hale's patrol vehicle while Hale was performing a traffic stop in the parking lot of the Byron Arrow Mart.
Nobody was struck by the projectile and there were no injuries.
Hale was supported at the scene by Deputy Joseph Corona, who spotted a person in a second-floor window of hotel building.
O'Connor was taken into custody without incident.
He was initially charged with first-degree reckless endangerment and third-degree criminal mischief and held on $25,000 bail.
With the new charge, O'Connor is now being held in the Genesee County Jail on no bail.
Previously: Single gunshot in Byron highlights the dangers of modern law enforcement
Le Roy's Wolcott Street School was evacuated this morning “due to an odor,” Brian Foeller, business administrator, said in an automated voice message to parents.
Students were not allowed into the building, and are being sent home.
Students who take the bus to school will be “reverse-bused” home. Those who do not have a parent to receive them will be taken to the junior-senior high school or to a sitter if one is on file, the message said.
Students who walked to school were being dismissed from the school auditorium, the message said.
Wolcott Street School houses students in grades K-6.
UPDATE 9:45 a.m.: Le Roy Fire Department and RG&E personnel are at the school to investigate a possible natural gas leak. Also, in a follow-up automated message, the district said the evacuation was completed by 9:30 a.m. and any students who have not been sent home can be picked up at the Junior-Senior High School.
Press release:
Assemblyman Steve Hawley (R,C,I-Batavia) today called for the full repeal of the NY SAFE Act on the heels of new public safety data showing 81 percent of violations occurred in New York City, over five times more than in the rest of the state. Hawley called for his legislation, A.2651, to be brought to the floor for a vote following the release of this new data.
“As many of us said when we were getting force-fed this atrocious piece of legislation, this is an unconstitutional measure that will have little impact on curbing gun violence,” Hawley said. “The numbers are indisputable.
"The SAFE Act is little more than political pandering to liberal advocates who wanted to punish law-abiding Upstate firearm owners for a Downstate problem. I sponsor multiple bills, including A.3350, that would repeal the SAFE Act and I will continue to fight for full repeal of this ill-conceived law.”
Furthermore, Hawley is pushing for a floor vote on his “Two New Yorks” legislation, which would allow for a ballot referendum asking voters whether they support the division of New York into two separate states.
“The Two New Yorks legislation, A.4167, has been one of the cornerstones of my platform for many years,” Hawley said. “If passed, it would provide for a non-binding referendum gauging public support for the division of New York into two separate states. Unfortunately, Downstate politicians continue to block my bill from coming to the floor because they are fearful of the results.
"We should never sacrifice transparency and the public’s role in government to accumulate power and wealth. This is the time to vote on Two New Yorks, after seeing how Upstate values are continually being stifled in exchange for New York City values, and that is dangerous.”
With his life on the line this afternoon, Deputy Andrew Hale had to hope for the best after a single gunshot rang out in Byron and shattered two windows in his patrol vehicle.
He needed to assess the situation, and to do that, he had to get out of his car. He had to get out without knowing where the shot came from, and no immediate idea of where or how he should take cover.
It was a perilous moment.
"Where do I hide?" Hale said during a press conference at the Sheriff's Office less than four hours after the incident at the Arrow Mart in Byron. "Where do I go? That's not stuff they can teach you at the academy. That's something you've just got to roll the dice and hopefully, you get lucky."
Fortunately, Hale said, he had immediate backup.
Deputy Joseph Corona was at the side of his patrol vehicle just a few hundred feet away when he saw Hale exit his SUV.
"I did observe Deputy Hale exit his vehicle with kind of a stunned look on his face on what possibly may have happened," Corona said. "I saw him look around to the side of his vehicle at which time when he looked at the side of his vehicle, I watched the exterior glass fall out of his vehicle onto the parking lot of the Arrow Mart, at which point I saw him going to radio for assistance. At that point, I'd already placed my vehicle in drive. I went to go offer support and offer a cover for Deputy Hale, so I put my patrol vehicle in front of him and his vehicle. I didn't know what situation was going on but he said 'possible gunshot'; so in my mind, I utilized our vehicles, I utilized our training, I made sure Deputy Hale was OK."
Hale said, "It was good when somebody showed up at the scene and you know you've got a friend."
Corona noticed an open window on the second floor of the Byron Hotel and a man moving in and out of the window. Corona thought it was likely that's where the shot came from and tried to yell commands to the man by the window.
"He did not obey my instructions," Corona said. "Whether he didn't hear me or wasn't paying attention to me, I didn't know at that point. "`
The Arrow Mart was busy and there were civilians all around the intersection of Route 262 and Route 237. Corona and Hale shouted instructions for people to take cover and leave the area.
Backup arrived from the Sheriff's Office and State Police.
Hale, Corona, Chief Deputy Gordon Dibble and Undersheriff William Sheron entered the hotel and went to the second floor.
David Michael O'Connor, 55, of Room 3, Byron Hotel, Byron, was taken into custody and charged with first-degree reckless endangerment, a Class D felony, and third-degree criminal mischief, a Class E felony. Additional charges may be filed. He was jailed on $25,000 bail.
Hale and Corona were at the intersection running a traffic detail, watching for drivers without seatbelts. Corona would mark the spot and Hale would initiate the traffic stop.
At noon today, Hale stopped a vehicle in the parking lot of the Arrow Mart and wound through the routine -- speaking with the driver, who admitted to driving without a seatbelt, gathering his license, registration and insurance information and then returning to his patrol vehicle to check the data on his computer.
Once in the SUV, Hale heard "a pop" and the glass of his patrol vehicle's rear, passenger seat, windows shattered.
"At that point, you really don't know what's going on and you're trying to figure out, first, 'Was that a shot?' and second, 'Where did it come from?' " Hale said. "We were both sitting out in the open. It's a residential neighborhood and there are people 360 degrees around you and you don't know what window or what person. You don't know anything except that you potentially had gunfire."
The no-seatbelt driver got out his car.
Hale admitted, yeah, of course, it crossed his mind that the driver was the attacker. A person getting out of a vehicle is a big red flag for a cop, Hale said, but the driver immediately put his hands up and asked Hale if he was OK.
"Somebody who just shot at you doesn't throw up his hands in the air and ask if you're OK," Hale said. "Once I was kind of assured he wasn't a threat, my eyes went elsewhere."
The driver did not receive a citation.
District Attorney Lawrence Friedman wouldn't speculate on what additional charges O'Connor might face, but yes, there is an attempted murder of a police officer to consider.
O'Connor was allegedly found in possession of a .22 bolt-action, single-shot rifle. Maha said that when he entered Room #3, after the scene had been secured, he observed a box of shells on the bed. A casing was still in the rifle, but the slug has not yet been recovered.
Maha said only a single shot was fired.
Nobody was hurt.
There is no known motive at this time. O'Connor does have a local DWI arrest on his record from 2003 but had never had prior contact with Hale.
O'Connor "made certain admissions," Maha said, but wouldn't say what O'Connor said or characterize their nature.
Maha said there were indications O'Connor was under some recent stress and that he may have been a little intoxicated, though not noticeably intoxicated.
The job of law enforcement seems to have gotten more dangerous in recent years, Maha said.
"People seem to be more aggressive," Maha said. "I think it's a sign of the times, whether drug abuse, or alcohol abuse or stress, a lot of people out there with mental health issues."
Hale noted that so much of the work of law enforcement can be routine and it's easy to get complacent, but that's the last thing you want to do these days. So much has changed.
"You try and remind yourself, and incidents like this do remind us that we do have to be vigilant out there," Hale said. "We have to pay attention. A simple stop for a seatbelt and look what it turned into. It's not that easy sometimes. You've got to see and keep yourself sharp and do your job.
"As the Sheriff stated," Hale added, "policing has changed now and the traffic stop has become, as a stated earlier, a 360. It's no longer just in front of you. You have to be more aware of the hostility toward police officers. You know, people walking down the street, you never know. I guess that's just part of the job now."
A caller reports 10 black males, approximately ages 20 to 30, were fighting in the area of Hutchins Place and Lewis Place in the city. No weapons were displayed. They scattered in different directions. City PD responding.
A man is out of control in a hallway inside United Memorial Medical Center and reportedly struck a nurse. City police just arrived on scene.
Bald eagles are using a nest on Oatka Trail, just outside of Le Roy.
Harassing, disturbing or injuring a bald eagle is a federal offense and carries a penalty of up to $20,000 and/or one year in jail. Remember that bald eagles should remain undisturbed, and it is important that they conserve energy during the winter months.
Bald eagle viewing tips from the NY Department of Conservation to help you to have the best possible experience:
For the safest and least intrusive bald eagle viewing, we recommend the following "Eagle Etiquette":
An unidentified friend of the dog owner is holding onto the dog who is said to have bitten two people a short time ago.
Mercy medics are told to stage in the area of State Street and Hutchins Place for a victim or victims with multiple dog bite injuries. Law enforcement is responding.
UPDATE 3:26 p.m.: A German shepherd allegedly got loose and bit two people. The wounds are described as superficicial, but one person was transported to UMMC for evaluation. The dog owner was not home at the time of the incident, said Batavia Police Sgt. Chris Camp. The incident is under investigation. A friend of the dog owner, pictured, said the canine is about 2 years old.
Press release:
The Genesee Society of Model Engineers will be holding their semi-annual GREAT BATAVIA TRAIN SHOW Sunday, April 10, at the Clarion Hotel in Batavia. Details follow:
Additional Train Show information:
For more than 30 years the Great Batavia Train Show has been one of the premier hobby events in Western New York. All forms of model railroad and train-related merchandise will be available. Items offered include all scales of model trains, clothing, historic railroad items, books, videos and toys. Modeling demonstrations, and door prizes featuring great railroad items, will be part of the fun. Free parking.
About the organizing group:
The Genesee Society of Model Engineers has promoted the hobby of model railroading in the Western New York area for more than 40 years. This not-for-profit organization is headquartered at 50 Main St. in Oakfield. In our facility above the M&T Bank, our membership maintains three operating model train displays. An open house is offered free to the public each December, and visitors are welcome on Tuesday evenings.
Contact Information:
A deputy making a traffic stop was reportedly fired upon early this afternoon at the Arrow Mart in Byron.
Deputy Andrew Hale and Deputy Joseph Corona were conducting a traffic detail when Hale initiated a traffic stop, according to Sheriff Gary Maha.
After speaking with the driver, Hale was returning to his vehicle when he heard a pop and the rear window of his patrol vehicle shattered.
He radioed for backup and Corona noticed that an upper floor window of the Byron Hotel was open.
Once backup arrived, Hale, Corona and Chief Deputy Gordon Dibble entered the building and located a man inside.
The suspect "made some admissions" and is currently in custody, Maha said.
No one was injured in the incident.
The Sheriff's Office is planning a press conference for 4 p.m.
Press release:
The Genesee County Nursing Home was recently notified of changes to its “Star Rating” by the Centers for Medicare and Medicaid Services. The 160-bed Nursing Home, located at 278 Bank St. in Batavia, has improved its overall rating from 3 stars to 4 and improved in quality measures from 4 stars to 5.
The federal Web site (known as “Nursing Home Compare”) measures many statistics and awards a star rating for every nursing home in the United States. The system is designed to make it easier for consumers to compare the quality of various Homes. Ratings range from 1 star (“Much below average”) to 5 Stars (“Much above average”). The overall rating is a composite of quality measures, staffing, and health department inspections. Ratings are updated monthly.
Genesee County Nursing Home is rated 5 stars for quality measures, 4 stars for staffing, and 2 stars for health inspections – with an overall rating of 4 stars. The rating covers only the 160-bed skilled nursing portion of the Home.
Administrator Christine Schaller said, “I’m proud and grateful to our staff for the improvements we have made during 2015, and I look forward to even better results in 2016. Our goal is to improve our performance on New York State Department of Health inspections to achieve an overall rating of 5 stars.
The County-owned Nursing Home and 80-bed Adult Home are scheduled to be sold to Premier Healthcare Management, LLC, this year.
Press release:
After a rigorous interview process that involved constituents from all aspects of the Batavia Middle School community -- including teachers, parents and clerical, custodial and administrative staff -- the search for a new principal is down to two finalists. BMS staff, students, families and interested community members are invited to attend two “Meet and Greet” sessions to learn more about these final candidates.
Both sessions will be at BMS, 96 Ross St., in the cafeteria. Refreshments will be provided.
Applications for the position of BMS principal closed on Monday, Jan. 18, and the District received 38 diverse and impressive applications. From those, 15 applicants were invited to a phone screening interview, then eight met with a constituent committee comprised of BMS parents, teachers, staff and administrators in late February. A few final candidates met with a District interview committee before these Meet and Greet sessions were scheduled with the final two candidates. A decision and Board approval is anticipated on March 15.
Le Roy’s miniature Statue of Liberty is pictured recently at McKay Lodge Conservation Laboratory in Ohio, where experts refurbished the 65-year-old statue. (Photo courtesy of Lynne Belluscio.)
After three months in Ohio, Le Roy’s landmark Lady Liberty is finally ready to come home.
When is she due back?
Historical Society Director Lynne Belluscio isn’t saying. But it will be sooner rather than later — and she encourages residents to be on the lookout for the miniature Statue of Liberty, which has stood on the Oatka Creek bank since 1950.
An official rededication won't take place until this summer, but the statue could make a surprise appearance or two before then, she said.
In any case, it's been years since Lady Liberty looked so good. Belluscio shared a photograph from McKay Lodge Conservation Laboratory in Oberlin, Ohio, where the statue was shipped in November for repairs and restoration. Its thin copper plating — which was coming apart at the seams, and damaged in places — has been repaired and its color brightened.
The project was funded by a “Strengthen the Arm of Liberty” campaign that raised more than $15,000 to have the statue refurbished and its base replaced.
Alumni groups, the Le Roy Family Moose Center and numerous individuals contributed to the fund. Le Roy’s Orcon Industries donated the customized crate Belluscio used to drive the statue to Ohio this past November.
She gave a “special thank you” to everyone who donated to the project, as well as the Orcon team that built the shipping crate.
Donations to the fund are still being accepted care of the Le Roy Historical Society, P.O. Box 176, Le Roy, NY 14482.
The statue — which stands about 8 1/2 feet tall — was one of many installed across the United States to mark the 40th anniversary of Boy Scouts of America. Le Roy’s version was sponsored by local Scouts.
Belluscio is organizing a rededication celebration in conjunction with the Oatka Festival in July.
Here is how the statue looked when it was brought to Ohio in November. (Photo courtesy of Lynne Belluscio.)
Justin T. Calmes, 37, of Watson Street, Batavia, is charged with trespass and illegal disposal of items. Calmes allegedly dumped items into a dumpster at North Spruce Apartments when he did not have permission to use the dumpster.
Andrei P. Sliker, 25, of Silver Road, Bethany, was arrested on a warrant for alleged failure to appear. Sliker was taken into custody at 9:31 p.m. Thursday by Batavia PD and transported to City Court, where the matter was resolved.
James R. Kosiorek, 23, no permanent residence, was arrested on a warrant out of City Court by Rochester PD. Kosiorek was turned over to Batavia, was arraigned in City Court, and released.
Jessie M. Cramer, 30, of South Jackson Street, Batavia, was arrested on a warrant. Cramer was located on Jackson Street during an investigation into an unrelated matter. He was released on $500 police bail.
Kimberly M. Volk, 27, of Montclair Avenue, is charged with criminal using drug paraphernalia, 2nd. Volk was contacted by police in front of Dollar General after a report of a verbal argument. She was allegedly found in possession of two glass crack pipes.
Shane Eric Ashton, 46, of Walkers Corners Road, Byron, is charged with DWI, driving with a BAC of .08 or greater, failure to keep right and moving unsafely from lane. Ashton was stopped at 2:34 a.m. Sunday on East Main Street, Batavia, by Deputy Patrick Reeves.
Triton Adam Drock, 21, of Buell Street, Batavia, is charged with failure to register change of address within 10 days. Drock was arrested on a warrant of Town of Batavia Court.
Batavia is no stranger to Far West Regional games. The Blue Devils have been to a few under Head Coach Buddy Brasky, including a thriller against Olean in 2013 that saw Jeff Redband's game-winner find itself on a SportsCenter Top 10 on ESPN.
Not many imagined that Batavia would be playing in a Far West Regional game this year, but the Blue Devils were indeed there, taking on a Williamsville South squad that saw its season come to an end in that very game last year.
The Billies came in riding a 13-game winning streak and were seemingly a heavy favorite to win, but Batavia withstood everything its opponent had to throw at them, holding a one-point lead late in the game.
Williamsville South, like a championship team does, rose to the challenge as Jordan Buell knocked down a three-pointer with 10.2 seconds left to give his team a two-point lead.
Batavia had one more crack, and chose to get the ball to a fifth-year varsity player, Malachi Chenault -- the only holdover from the 2013 team -- but the ball was knocked away and Brasky felt his player was fouled.
The call was not made and Williamsville South escaped with a 53-51 lead, ending Batavia's season at Buffalo State College on Saturday night (March 5).
"Did he get thrown to the ground or didn't he?" said Brasky when asked about the play after the game.
Midway through the third quarter it didn't seem like the Blue Devils would even be in position to have such a call matter late in the game.
Leading by six at halftime, Williamsville South exploded out of the gates, using an 11-3 run -- capped by a one-handed dunk by Graham Dolan -- to take a 14-point lead. It seemed like the Billies were going to cruise to Glens Falls, but Batavia was not ready to go down without a fight.
The Blue Devils went on a 13-4 run to end the third quarter down by just five points...and then T Sean Ayala took over.
The sophomore went 0 for 7 in the first half, scored seven points in the third quarter and then went on to score 13 of his game-high 20 points in the fourth quarter.
"It was just a matter of me feeling it," Ayala said. "I just told myself to come out and lead the team as best as I can because I'm the best shooter on the team."
Ayala would help lead Batavia all the way back and eventually they took a 51-50 lead on a Chenault free throw with 1:16 to play.
The Blue Devils had a chance to increase the lead but Chenault missed the front end of a one-and-one and Williamsville South grabbed the rebound.
The Billies were looking to use a play that had previously gotten star point guard Greg Dolan into the lane successfully, but Batavia closed it off, forcing them to kick it out and eventually it fell into the hands of Buell for the game-winner.
"We ran a play that had worked twice in a row for Greg to get in the lane and they guarded it very well," Williamsville South Head Coach Gabe Michael said. "But Jordan is always in that backside corner so it's hard to get over to him if we work the ball and Myles [Hall] did a nice job passing that shot up to get Jordan wide open."
It was just Buell's second basket of the game and Batavia was ultimately unsuccessful in tying or taking the lead on its last possession, regardless of the foul or non-foul call.
Hidden in the spoils of defeat was the fact that the Blue Devils battled back from a double-digit lead in the second half to eventually take the lead and put themselves in position to win the game late.
"In my 25 years coaching, in the fourth quarter, that's the most heart I've ever seen a team show," Brasky said.
Greg Dolan had team-high 17 points, six rebounds and six assists while his older brother Graham had 16 points, eight rebounds and two blocks for Williamsville South (21-3).
Chenault scored 12 points and grabbed five rebounds while Trevor Sherwood had eight points and 14 rebounds in their final high school games for Batavia, which finishes 17-8.
Twitter: @SabatoNick
Video of controversial play at close of the game (by Nick Sabato):
Photos by Howard Owens.
To purchase prints, click here.
A vehicle reportedly flipped over at Liberty and East Main streets in the City of Batavia, unknown injuries. City firefighters and Mercy medics are responding.
UPDATE 2:50 a.m.: No injuries. Three people in the vehicle. A male said he was the driver and police were conducting a field sobriety test when we left the scene.
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