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Public hearing on cannabis dispensaries, consumption sites scheduled at Batavia Town Hall tonight

By Mike Pettinella

A public hearing on the Batavia Town Board's recent passing of a resolution to opt out of New York's Marijuana Regulation & Taxation Act is scheduled for 7:10 this evening at the Batavia Town Hall, 3833 West Main St. Rd.

The board, at its Oct. 20 meeting, scheduled the public hearing with the aim of opting out of allowing cannabis retail dispensaries and on-site consumption sites until it receives more details from state officials in charge of the program.

According to the new law, if municipalities opt in, they will not be able to opt out at a later date, but if they choose to opt out before the Dec. 31 deadline, they would be able to opt in in the future.

Should the board pass a local law to opt out following tonight's public hearing, it could result in a permissive referendum organized by residents who disagree with its decision.

Previously: Town Board looking to opt out of marijuana dispensaries, consumption sites due to lack of information

Nik and the Nice Guys to play GCC Foundation's Encore 2021 on Dec. 4

By Press Release

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Press release:

The snow has started to show up, that means, it is time to Put on the Ritz! Tickets are on sale now at www.gccfoundationinc.org/encore for the Genesee Community College Foundation's 2021 Encore celebration! This pop back to the roaring twenties will begin at 6 p.m. on Saturday, December 4, 2021, in the Richard C. Call Arena at GCC in Batavia.

With the help of presenting sponsor, Tompkins Financial Corporation, Encore co-chairs John and Cathy Witkowski have prepared a fun and festive throwback to the roaring twenties full of great food by the Mansard Inn and music by "Nik and the Nice Guys."

"The entire Encore committee is very grateful for the generosity of our sponsors this year," said Jennifer Wakefield director of Development and Alumni Affairs. "Their commitment to this event shows the value they place on student scholarships, and the future of our communities. This year in addition to great folks at Tompkins Financial, we are pleased to be working with Five Star Bank as the Speakeasy Lounge Sponsor, Oliver's Candies as the Cotton Club Confections Dessert Station Sponsor, CPL as the Charleston Dance Floor Sponsor, and ESL Federal Credit Union who is the Doll Face Photo Booth Sponsor."

Tickets include dinner, drinks, dancing and all the fun:

  • 6 p.m. Cocktail hour with gourmet hors d'oeuvres, themed signature drinks and stylish jazz holiday music by "The DSP Jazz Trio"
  • 7 p.m. Gourmet Buffet Stations
  • 8 p.m. "Nik and the Nice Guys" take the night away with live music on the house dance floor.

GCC is also offering opportunities to sponsor the Encore event. These sponsorships are critically important to the scholarships GCC provides its students and are available at several levels this year: the High Roller Table - $1,500; the Rolls Royce Gild - $1,000; Studebaker Society - $600 and the Roadster Circle - $300. Each of these levels includes tickets (ten, six, four and two respectively) for the event. Of course, individual Platinum Patron Tickets are also available for $100 per person.

To help make a difference as a sponsor, please complete the online forms at www.gccfoundationinc.org/encore or contact the Foundation Office at (585) 345-6809, or foundation@genesee.edu today.

City investigating water line break on Thomas Avenue

By Press Release

Press release:

The City of Batavia Water Department is investigating a water break on Thomas Ave just north of Main Street. The street will be closed to all traffic while the repairs are taking place

Residents on Thomas Ave should expect the possibility of the water being turned off. We will do our best to keep this to a minimum. Work should be completed by 3:00 PM.

There is a possibility of discolored water; laundry should be avoided if possible.

We thank the residents for their patience and understanding.

 

City GOP seeking Sixth Ward candidates to fill City Council vacancy

By Press Release

Press release:

Regarding the vacant position of Sixth Ward representative on City Council, City of Batavia Republican Committee Chairman Richard Richmond invites qualified individuals seeking to serve in this role to submit a letter of interest to him by November 30, 2021. 

Mail Letters of interest to:

City of Batavia Republican Committee
PO Box 260
Batavia, NY 14021

To be qualified for the position, the prospective representative must be a resident of the Sixth Ward and a member of the same political party as the representative who most recently served in the seat—in this case, a Republican.  These are requirements of Section 3-3 of the City Charter. (The recently resigned Council Member Rose Mary Christian was a registered Republican; therefore, her replacement must also be a registered Republican).

The City Republican Committee expects to recommend an individual to the City Council, which has the appointment power to fill the vacancy temporarily.  The Council appointment will run through the calendar year 2022.  At the general election in 2022, there will be a special election to fill the remaining year of the regular four-year term of office for the ward council member position.

HLOM Wonderland of Trees Gala is Friday, with music provided by GSO

By Press Release

Press release:

Come and experience the 20th annual Wonderland of Trees, sponsored in part by Tompkins Bank of Castile and WBTA! The opening gala will occur on Friday, November 19th from 6:00 to 8:30 pm at the Holland Land Office Museum. This year's theme to honor this milestone year is "Through the Years." Visit the museum to see all the wonderfully decorated trees and displays by local businesses and organizations. This year's opening gala will feature many great gift baskets to win and a Grand Basket. The night will also feature holiday music by the Genesee Symphony Orchestra and hors d'oeuvres provided by the D & R Depot. Tickets for this event are on sale at the museum. Tickets are $15 per person/ $10 for museum members and $5 for children under 12. For more details contact the museum or visit www.hollandlandoffice.com.  Masks are required.

The Wonderland of Trees will run through the end of December. The basket raffle winners will be drawn Friday, December 17th. Further holiday events will also be held throughout the season. If you would like to participate by decorating a tree or contributing a basket, or general sponsorship, please contact the museum or visit www.hollandlandoffice.com.

St. James to host annual basket raffle on Friday

By Press Release

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Press release:

St. James Episcopal Church announced that the Annual Basket Raffle will be held this Friday, November 19, from 4 p.m. until 6 p.m. and Saturday, November 20, from 10 a.m. until 12 p.m. at the church, 405 East Main Street, Batavia.  Admission is free; masks are required.

Basket items include handmade quilts, a “green salad”, sweet and savory treats, seasonal décor, baby items, family movie night, Warhammer figurines, Boyd’s bears, Vera Bradley, Christmas wrappings and more!  What a fun way to do some of your holiday shopping!  Tickets will be on sale throughout the two days.  Social distancing will be maintained and no seating will be provided.  Drawings will be done at the conclusion of the event and winners called/texted to pick up their baskets Saturday afternoon.

Dorian Ely, one of the organizers, said, “Like other organizations, we have had to cancel many planned events over the last year, but we are excited to offer this opportunity for the community to show their support of our historic church by purchasing basket raffle tickets.”

The church is holding a pie sale in conjunction with this event.  The number of pre-order pies has been wonderful this year, so very few are still available.  You may still text 585-356-5359 to check on availability until noon on Friday, but after that, you will need to come to the church during the basket raffle to ask if there are any apple or pumpkin pies still available.  At $9 for a 9” homemade pie, there is no better deal in town.

Bill Hayes to receive Health and Humanitarian Award from Jerome Foundation

By Press Release

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Press release:

The 36th Health and Humanitarian Award of Genesee County will be presented to Bill Hayes of Batavia at noon on Friday, December 3, at a luncheon at Terry Hills Restaurant.  The award presented by The Jerome Foundation recognizes volunteer men and women of Genesee County who have helped promote the emotional, physical, and spiritual well-being of the area’s residents.  Nominations reflected “ordinary people who reach far beyond themselves to the lives of those in need, bringing hope, care, and friendship, and helping build a stronger, healthier community.”

In naming Bill Hayes for this year’s award, The Jerome Foundation will recognize more than thirty years of volunteer service and community involvement by Bill. He has been a supporter of multiple charitable causes in our community including Habitat for Humanity, BEA, Cornell Cooperative Extension, Notre Dame High School, St. Joseph School, YMCA, YWCA, All Babies Cherished, Batavia Lions Club, Northgate Free Methodist Church, among others.   

In nominating Bill Hayes, Ricky Palermo a past recipient of the Health and Humanitarian Award notes that “Bill Hayes checks all the boxes as a devoted family man and strong business and community leader.  Upon purchasing Turnbull Heating and Air Conditioning in 1991, Bill moved into the community and immediately made an impact.  He is a leader in his field and takes pride in employing veterans and active servicemen and women, as he himself served six years and is a Navy Veteran.   His significant donations are done with the spirit of bettering our community and the lives of its citizens, not for personal notoriety.  Bill is honest, dedicated, and compassionate, and all-around positive man? Bill has always said, ‘if I take care of Batavia, Batavia will take care of me.’  He has certainly done an excellent job of taking care of our community and is well-deserving of this award.”  Jim and Nancy Palermo add “Bill is a humanitarian simply by the way he leads his life and conducts his business.”

Jaylene Smith-Kilner, Executive Director of Habitat for Humanity of Genesee County wrote “Bill is always on deck as a community partner of Habitat.  When our families lay their heads on their pillows in their new home for their night’s rest, it is through Bill Hayes’s generous heart that they keep warm physically and in their hearts.” Construction Manager PJ Riner notes “when Bill has his crew on our build site, he always says ‘let’s do some Habitat’ with a smile on his face, ready to go.” 

Bill Hayes will be honored at a luncheon at noon on December 3 at Terry Hills Restaurant. The Health and Humanitarian Award luncheon is open to the public.  The event is $25 and reservations can be made by mailing a check to The Jerome Foundation, PO Box 249, Batavia 14021 by November 26th.  Seating will be limited. For further information contact Chris Fix – 585-356-3419.

Town planners OK special use permit for NY Bus Sales

By Mike Pettinella

The Batavia Town Planning Board tonight approved a special use permit for New York Bus Sales to operate a school bus service and sales facility at 4450 West Saile Drive -- located at the intersection of Call Parkway.

After the board declared lead agency status for the State Environmental Quality Review, member Steve Tanner went through the items on the form and then made a motion to accept it. The board agreed, issuing a “negative declaration” that denotes that the project would have no significant adverse impact upon the environment.

Lauren Rodriguez, civil engineer with LaBella Associates, asked the board about the company’s desire to merge two parcels, covering 6.9 acres, into one, and Planning Board Chair Kathleen Jasinski replied that the Batavia Town Board is expected to rule on that at its meeting on Wednesday night.

The 20,000-plus square-foot facility is going into an area currently zoned both Industrial and Commercial. The company is looking for the town to rezone it as Commercial, an allowable action since it does fit into the town’s Comprehensive Plan.

New York Bus Sales Vice President James Johnston, who also attended the meeting, said plans call for a groundbreaking ceremony before winter.

Rodriguez and Johnson initially presented the plan to the town planning board in September. Prior to that, the company applied for tax abatements from the Genesee County Economic Development Center, and is waiting for the GCEDC's board decision in the near future.

In other action, the board issued a negative declaration for a SEQR in connection with Pierrepoint Visual Graphics’ request to place signage at the site of medical offices for UR Medicine in the Gateway II Industrial Park on Call Parkway.

Previously: GCEDC board of directors accepts application for New York Bus Sales facility in Town of Batavia

Batavia City Schools residents given opportunity for feedback during public hearing this week

By Joanne Beck

Batavia City School residents are invited to ask questions and share concerns this week about a proposed pump replacement for $57,583.52.

A hearing to review the replacement of condensate pumps at Batavia Middle School, and a related transfer of funds from the Repair Reserve Fund, has been scheduled for 6 p.m. Thursday at the Batavia High School library, 260 State St., Batavia.

A condensate pump is a specific type of pump used to extract the water produced in heating, cooling or refrigeration equipment, such as furnaces and air conditioners. The city’s Board of Education is expected to vote on the proposed project contract and transfer of funds during the regular board meeting to follow. Anyone wanting to speak during the hearing may sign up before it begins, and speakers are limited to three minutes each. 

District residents also have an opportunity to address more general district concerns or ask questions at the beginning of the regular meeting. Agenda items include board votes on contracts or memorandums of agreement with Firland Management/Batavia Ice Arena to allow use by Batavia Notre Dame United Hockey Team for practices and games; Notre Dame Board of Directors for interscholastic boys and girls swimming; and the school districts of Pembroke and Byron-Bergen for shared opportunities and resources for Winterguard. 

Additional agreements to be voted on include those with Attica Central School District for interscholastic wrestling and for the professional services of Kimberly Gingrich for bilingual psycho-educational evaluations.

The agenda also includes presentations from Middle School Interim Principal Nate Korzelius, Business Administrator Scott Rozanski, Interim Superintendent Scott Bischoping, and Student Ex-Officio Kylie Tatarka.

Summary reports from the committees on Special Education and Preschool Special Education and board votes on resignations and appointments of several teacher aides SOAR staff members, long-term substitute teachers and bus, breakfast duty, detention, athletic, custodial, and Nutritional Services positions.

These meetings will be live-streamed via YouTube.com at  https://www.youtube.com/channel/UC8JI99xyBJt1sGdRzmCW2Kg

Victim of shooting at Days Inn testifies in trial of Jacob Sponaugle

By Howard B. Owens
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Jacob Sponaugle

On the afternoon of what was originally a co-defendant trial, Jacob Sponaugle, facing multiple felony counts, found himself sitting with only his attorney at the defense table as the man he is accused of shooting told the jury of how a gun deal went bad outside the Days Inn in Batavia on July 22, 2020.

Jason Whitehead's testimony corroborated the earlier testimony of Crystal Shultz, Sponaugle's ex-girlfriend, and put the .32 caliber handgun in Sponaugle's hand with Sponaugle pulling the trigger.

Sponaugle is charged with attempted murder, assault, 1st; criminal use of a firearm; aggravated criminal possession of a weapon, 2nd; criminal possession of a weapon, 2nd; and criminal sale of a firearm, 3rd.

After today's lunch break, District Attorney Lawrence Friedman informed County Court Judge Charles Zambito that Sponaugle's co-defendant, Devon Wright, had agreed to accept a plea offer that would limit his prison term to 10 years and allow him to be released under the supervision of Genesee Justice while awaiting sentencing, presumably so he can be present for the birth of his first child, who is expected to arrive any day.

Wright entered a guilty plea of attempted criminal possession of a weapon, the top charge stemming from the July 22 incident, first-degree attempted assault, a Class C violent felony, and criminal sexual act in the second degree, a Class D violent felony.

Whitehead was first asked to describe a series of text messages he said he received from Sponaugle on the evening of the shooting.  Sponaugle wanted to know if Whitehead was interested in buying a handgun from him.  He sent pictures and video telling Whitehead the gun had been owned by "an old dude" and that it was a "clean gun."  

Sponaugle wanted $400 for the gun.  Whitehead offered $300.  Sponaugle said $350 was the lowest he could go.

Whitehead testified that he decided he could pay the $350 if he could sell it to his "main man" (identified as Wright) for $450.  

So Whitehead set up a meeting with Wright at the Days Inn and Sponaugle picked up Whitehead at his residence on Shady Lane. 

Schultz was with the two men when they drove to the hotel.

Once there, an argument broke out between Sponaugle and Wright over the asking price of the gun, Whitehead said.  At that point, he said he stopped talking and let the two men hash it out.

Eventually, Sponaugle walked away.  As he did, Whitehead testified, Sponaugle turned around, said, "this is all your fault" and shot him.

Whitehead testified that the bullet from the .32 caliber gun remains lodged in his spine. It would do more harm than good, he said doctors told him.  As a result, he is daily in pain and can't lay on his back when he wants to sleep.

Under questioning from defense attorney Joseph Lobosco, Whitehead admitted to prior heroin and cocaine use but said his use didn't alter his mental state but instead prevented him from getting sick.  He said he's been clean for a year.

Before Whitehead took the stand in the afternoon, Schultz completed her testimony, which primarily consisted of cross-examination by Lobosco, who pressed Schultz on differing versions of events in two depositions she gave to detectives with Batavia PD.  

In the first one, she said she didn't know what happened with the gun and in the second, she described in detail Sponaugle's alleged attempt to get rid of the weapon.

The differences could be explained, she said, because before Sponaugle was arrested she was afraid of him.  Once he was in custody, she said, she didn't fear him and so gave detectives a full accounting of what happened with the gun (it was, she said in the morning, put in a can of paint and given to another person). 

After Whitehead's testimony, Kevin Wolff, a supervisor at the Genesee County Jail took the stand to authenticate four recordings made at the jail -- all calls are recorded and all inmates are told they are recorded, Wolff said -- between Sponaugle and Schultz, Sponaugle and his mother,  Sponaugle and an acquaintance, and Sponaugle and his sister.

The calls contain incriminating statements by Sponaugle, most notably in the call with Schultz in which she tells Sponaugle that "I had to tell them everything."  

Sponaugle clearly did not like hearing that and questioned Schultz on why she would do that to him.

"You let them scare you into writing a statement," Sponaugle is heard saying on the call. 

He told her she didn't see anything (earlier she testified she did see the actual shooting).

"What you did was totally unnecessary," Sponaugle said. "It's going to be bad for me."

This is Friedman's final trial at the end of a 40-year prosecutorial career and, at the start of the trial at least, the first with two co-defendants.

Testimony resumes at 9 a.m., Wednesday morning.

George Squires Honored

By James Burns

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Members of the Oatka Creek Watershed Committee and the Black Creek Watershed Coalition attended a celebration of contributions George Squires has made to protect and improve the health of our watersheds in western New York. George has recently retired from the volunteer committees. He was instrumental in the formation of the committees and getting different municipalities to work together to protect our water resources. If you would like more information or to support our local watersheds please visit, Oatka Creek Watershed Committee and Black Creek Watershed Coalition

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Hard work paying off as Batavian James Townsend captures Triple O Mechanical bowling tournament

By Mike Pettinella

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Batavian James Townsend said he was extremely nervous during the eliminator finals of the 14th annual Triple O Mechanical Singles Handicap Tournament on Sunday at Rose Garden Bowl in Bergen.

Judging by his prolific bowling, however, you wouldn’t have believed him as the 23-year-old strapping right-hander powered his way to the title, defeating veteran kegler Jerry Blair of Le Roy in the title match, 269-232.

Townsend received 11 pins handicap (based on his 212 average) while Blair – won earned $250 – received nine pins handicap (based on his 214 average). Strikes in the seventh, eighth, ninth and on the first two balls in the 10th frames sealed the victory for the Batavian.

The victory was worth $500 for Townsend, an employee in the automotive department at Walmart and a “graduate” of the Turnbull Heating Junior League at his hometown Mancuso Bowling Center.

“After I made the cut (qualifying 14th with a 717 series -- 684 scratch), I was tremendously nervous,” said Townsend, who has put in the time to improve his game over the past couple years. “I’ve been shaking this entire time.”

His jitters didn’t affect his performance as he continually put his high-revving bowling ball in the 1-3 pocket and struck at a high rate to advance through the four rounds of the finals.

His scratch scores in the finals were 238, 245, 259 and 258. In the first round, he struck out in the 10th frame to advance, edging John Martorella Sr. of Rochester by three pins.

“I’ve been working on making adjustments on the lane and I’m really starting to develop my game and get smooth at the line,” Townsend said. “Being able to get to the line so smoothly has been the key to developing my game. I slowed down my arm swing, my arm speed and my ball speed, and that’s helped me to focus on each shot.”

He credited his improvement to the instruction offered as a youth bowler by his father, Paul, and more recently, by Brian Green, owner of Striking Effects Pro Shop at Mancuso’s.

“They’ve helped me and, basically, everyone has been on my side and I thank everybody very much,” said Townsend, who noted that he “lit the place up” after switching to the Roto Grip Haywire ball for the 3 p.m. qualifying squad after failing to make the cut on the 12:30 squad.

Reaching the semifinals, and earning $125 apiece, were Devon Leach of Batavia and Mark Brown of Attica.

Quarterfinalists ($80 each) were defending champion Mickey Hyde of Le Roy, Mark Mack of Le Roy, Ricky Zinone of Rochester and Marty Lindner of Scottsville. Hyde was the high qualifier with 801 for three games (771 scratch).

Those eliminated in the first round ($50 apiece) were Martorella, Jeff Dewar of Rochester, Sam Oddo of Batavia, Frank Fitzmaurice of Rochester, Pat Bruton of Rochester, Jim Pursel of Batavia, Ken Wilson of Batavia and Don Perrault of Rochester.

Fitzmaurice rolled a 300 game in the USBC-certified tournament that drew 66 entrants. The top 16 earned prize money.

Photo: Tom Sardou, left, proprietor of Rose Garden Bowl, congratulates James Townsend, first place, and Jerry Blair, second place, following Sunday's Triple O Mechanical Singles Handicap Tournament. Photo by Mike Pettinella.

Devon Wright agrees to plea deal after start of trial

By Howard B. Owens
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Jacob Sponaugle Devon Wright

One of two men on trial over a gun-sale deal gone bad outside the Days Inn in Batavia on July 22, 2020, has agreed to plead guilty on multiple charges stemming from this case and several others in exchange for a sentence cap of 10 years in prison.

Devon Wright is charged in the Days Inn case with attempted criminal possession of a weapon 2nd and attempted criminal possession of a weapon 3rd.

As part of the deal, Wright will admit to attempted criminal possession of a weapon 2nd.  He is also pleading guilty to assault in the third degree, a misdemeanor, attempted assault 1st, a Class C Violent Felony, and criminal sexual act, also a felony.

In exchange, all other pending charges against Wright will be dropped.

Over the past two years, Wright has been arrested multiple times.

Yesterday, he failed to appear in court to start his trial in the Days Inn case, missing the jury selection process. This morning, his attorney, Nathan Pace, said he stayed with his girlfriend who isexpecting a child any day and Wright wishes to be present at his child's birth.

As part of the plea deal, Friedman has agreed to allow Wright to be released under the supervision of Genesee Justice while Wright awaits sentencing.

While Wright will have a curfew, he will be able to go to the hospital for the birth of his child.

In the Days Inn trial, Jacob Sponaugle is Wright's co-defendant.

Sponaugle is charged with attempted murder, assault, 1st; criminal use of a firearm; aggravated criminal possession of a weapon, 2nd; criminal possession of a weapon, 2nd; and criminal sale of a firearm, 3rd.

In his opening statement this morning, District Attorney Lawrence Friedman explained to the jury his theory of what happened the night of July 22 outside the Days Inn when Jacob Sponaugle allegedly shot Jason Whitehead in an apparent gun-sale deal gone bad.

According to Friedman, Sponaugle and Whitehead met up, with Sponaugle's girlfriend at the time, Crystal Schultz, in the car and drove to the Days Inn to try and sell Devon Wright a .22 pistol. 

When Wright wouldn't pay the asking price, Sponaugle walked away from the meeting and then allegedly turned around, told Whitehead, "It's your fault" and shot him.

The first witness called in the trial was Schultz, who testified that after Whitehead was shot, he let out a "blood-curdling scream." 

Schultz's testimony for the order of events before the shooting matched the case previously laid out by Friedman.   

After the alleged shooting, Schultz said he and Sponaugle drove back to the garage they were living in on Montclair Avenue.  In the car, she said, Sponaugle admitted to shooting Whitehead.

She said when she told him, "This isn't Chicago, it's not a rap song," Sponaugle said he didn't know why he shot Whitehead.

Back at the garage, he tried washing the gunpowder off his hands and wrapped the gun in cloth, and threw it up on the roof of the garage.  He then spoke to somebody on the phone and decided to get the gun off the garage roof. He used a ladder to retrieve it and then placed the gun in a can of paint.  

Sometime later, somebody drove to the residence and Sponaugle walked out of the garage with two paint cans. He returned with none. Later, Schultz found a paint can on the driveway, and she said she believed Sponaugle gave the paint can wth the gun in it to the driver of the car.

The weapon has never been recovered.

This will be Friedman's last case he prosecutes at trial before his retirement on Dec. 9.   This morning, Friedman, who has been with the DA's office for 40 years, told The Batavian that this was also the first two-defendant trial he's ever tried.

Number of active COVID-19 cases near record level at 326

By Howard B. Owens

The number of active COVID-19 cases in Genesee County, 326, is nearing the hights total during the pandemic -- 343 in December 2020 -- according to Health Department reports.

Over the past few days, there have been 166 new positive COVID-19 cases reported to the county health department.  

There have been six recent deaths attributed to COVID-19 raising the countywide total over the course of the pandemic to 292.

Of the current positive cases, 22 are hospitalized.

There are 127 people previously reported positive who have completed their mandatory isolation period.

Co-defendant in Days Inn trial fails to show for jury selection, arrested on warrant

By Howard B. Owens
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Jacob Sponaugle Devon Wright

Devon Wright, a multi-time arrestee over the past two years who has remained mostly free during that time, failed to appear in Genesee County Court at 9 a.m. as ordered for the start of a trial with co-defendant Jacob Sponaugle.

The two men are accused of being part of an apparent gun-sale deal gone bad at the Days Inn in Batavia on July 22 that left one of the three participants wounded.

Wright is charged with attempted criminal possession of a weapon 2nd and attempted criminal possession of a weapon 3rd.

Sponaugle is charged with attempted murder, assault, 1st; criminal use of a firearm; aggravated criminal possession of a weapon, 2nd; criminal possession of a weapon, 2nd; and criminal sale of a firearm, 3rd.

District Attorney Lawrence Friedman said the court waited for two hours for Wright to show and then began jury selection without him.  By 5 p.m., the court had impaneled a 12-person jury with four alternates, Friedman said.

A warrant was issued for Wright's arrest.

At around 7 a.m., Friedman said he was informed that Wright was in custody and is expected to appear before Judge Charles Zambito at 9 a.m.

Opening statements are expected to begin at 9:30 a.m.

UPDATE 10:28 a.m.: Dressed in a white T-shirt, sweat pants, and jail crocs, and shackled, Devon Wright appeared before Judge Zambito at about 10 a.m. while his attorney, Nathan Pace, made a petition on behalf of his client that his absence from court yesterday be excused and that Wright be allowed to leave the trial at some point to attend the birth of his first child. Pace said Wright's girlfriend had been expecting to give birth on Nov. 12 but has yet given birth and that Wright stayed with her yesterday so he could be with her when the child is born.

Neither Friedman nor Zambito bought Wright's excuse. Both noted that Wright had sent text messages yesterday saying he was on his way and one that said he had arrived and both statements were untrue.  Both noted that Wright has a history of missing court appearances.  Zambito ordered Wright held but indicated he would consider a petition for him to visit his child if the child is born during the trial.  

Once that hearing was over, Wright was not ready for trial because the clothes brought to him at the jail didn't fit so his sister drove to a local store to buy him new clothes.  

Opening statements should begin shortly.

Stolen ambulance reported traveling through Byron

By Howard B. Owens

An ambulance stolen from Perinton has been tracked to Byron and is currently northbound in Caswell Road.

Law enforcement is dispatched.

UPDATE 11:58 p.m.: This is a possible mental health issue so there will be no further updates.

 

Batavia High School alum excited to return as superintendent

By Joanne Beck

Batavia City School District’s newly hired superintendent was chosen, in part, for neatly fitting into some of the criteria suggested by community members during the interview process, Board of Education President Alice Benedict says.

Jason Smith, a 1990 Batavia High School graduate and city resident, will be shortening his commute come Jan. 3, 2022. Smith is currently superintendent of Lyndonville Central School, and was officially approved by the board during a special meeting Monday evening. 

“One of the things we heard from the community was that they really wanted someone who was a hometown person,” Benedict said to The Batavian after Monday’s special meeting. “And that he’s not using the district as a stepping stone. He’s a very straightforward person, we think he’s going to be a big asset and are excited to have him here.”

Smith has worked his way from high school social studies teacher to principal to superintendent in Albion, Elba, Lyndonville, and now Batavia City Schools. His experience and track record spoke loudly to the board, Benedict said, including when he first applied for a vacant superintendent position in Batavia. Competition was fierce, and Anibal Soler Jr. was chosen during that search. Smith returned a second time to interview after Soler left the district in July 2021. 

“We’re happy he came back,” Benedict said. “He’s excited to be back as superintendent at the district where he graduated.”

Smith thanked the board for “entrusting me with this tremendous opportunity.” Batavia is a very special place for him, he said. 

“I look forward to working alongside the incredible and inspiring students, staff, and community members, he said in a news release. “I can’t wait to hit the ground running in the new year.”  

During the meeting, Benedict thanked Genesee Valley BOCES Superintendent Kevin MacDonald for his guidance and help during the search process. She also gave a grateful nod to the board.

“I want to thank the board for their eagerness and patience,” she said, turning to her colleagues. “I appreciate your honesty, opinions, and steadfast aim to find the right superintendent for this school district.”

Scott Bischoping has been filling in as interim superintendent until a permanent choice was made. The process took time, energy, and coordination to involve not only board members, but district and community members as well, Benedict said.

“I’m just relieved the process is over,” she said. 

Smith began his career in 1994 in the Albion Central School District as a high school social studies teacher had various principal positions at Elba Central School from 2004 to 2011, and has been at Lyndonville Central from 2011 to present.

He received his Certificate of Advanced Study in Educational Administration and his Masters of Science in Education from the State University of New York College at Brockport. He is also a graduate of The State University of New York at Geneseo, where he received his Bachelor of Arts in History with a Minor in Sociology.

Smith’s contract includes a yearly salary of $165,000.

Batavia City School District names new superintendent

By Press Release

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Press Release

Batavia City School District’s Board of Education has reached a contractual agreement and has formally appointed Jason Smith as the district’s new superintendent. Smith is scheduled to start his new role on Jan. 3, 2022. 

“The Board of Education is thrilled to welcome Jason Smith as the new superintendent of the Batavia City School District. We’re confident that his years of previous superintendent and administrative experience will serve our district well, not to mention he’s a BHS grad himself,” Board of Education President Alice Ann Benedict said in a news release. “As a local Batavian with children in our district, Jason understands the unique challenges and opportunities within our community, and we’re certain he will be a strong and dedicated leader for our students, staff, and families.” 

Smith first thanked the board for “entrusting me with this tremendous opportunity.”

“As a proud BHS grad, I am thrilled to be returning to Batavia in this new leadership role. Batavia is a very special place to me, and I look

forward to working alongside the incredible and inspiring students, staff, and community members,” he said in the release.  “I can’t wait to hit the ground running in the new year.”  

A 1990 Batavia High School graduate, Smith has served as the Superintendent of Schools in the Lyndonville Central School District since 2011. He also held various principal positions in the Elba Central School district from 2004-2011. He began his career in 1994 in the Albion Central School District as a high school social studies teacher. 

Smith received his Certificate of Advanced Study in Educational Administration and his Masters of Science in Education from the State University of New York College at Brockport. He is also a graduate of The State University of New York at Geneseo, where he received his Bachelor of Arts in History with a Minor in Sociology.

Kevin MacDonald, District Superintendent of  Genesee Valley BOCES, served as the district's search consultant.

Submitted Photo of Jason Smith

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