Reed Marcum on the mound for Batavia in the sixth inning. Photo by Howard Owens.
The Elmira Pioneers entered the fourth inning of Wednesday's rain-suspended West Division championship game ready to hit.
Matt Misiti, who tossed three innings on Tuesday before the downpour started, returned to the mound and recorded only one out while surrendering three runs, giving Elmira a 3-2 lead.
On the regular season, Misti was 4-0 with a 1.36 ERA 34 strikeouts.
The Pioneers scored again in the fifth and added on two more in the ninth to take the division title 6-3.
Trevor Dutra, who homed on Tuesday as part of a Muckdogs two-run third inning and gave Batavia the lead before the rain started, was 2-3 in the game.
The Muckogs had a regular season record of 34-8 while Elmira was 24-18.
Elmira next faces the Amsterdam Mohawks (35-7 in the regular season) for the Perfect Game Collegiate Baseball League championship.
Since entering the league in 2021, the Muckdogs have finished 22-19 (third place), 30-15, 27-16, and this year, 34-8. This season represents the third straight year that Batavia has finished with the best record in the West Division.
Photos by Howard Owens
Photo by Howard Owens.
Skipper Joey Martinez heading to the mound in the seventh inning for a pitching change. Photo by Howard Owens.
The legal particularities of what evidence may be used at trial were the focus on Wednesday of a pair of hearings for defendants implicated in the death of Sgt. Thomas A. Sanfratello during a confrontation at Batavia Downs on March 10.
At issue is the legal sufficiency of a 710.30 notice, which refers to a portion of Criminal Procedure Law requiring the prosecution to provide notice to the defense of statements made by defendants to public officers.
The defense argues that District Attorney Kevin Finnell didn't provide enough detail in the 710.30 notice to alert them to which statements of their clients captured by police officer body-worn cameras might be used at trial.
County Court Judge Donald O'Geen pressed them on whether the detail they requested was really necessary, given that they received all of the body-worn camera footage obtained by the DA's office. He questioned whether it was realistic for the DA to be completely sure of which statements he might use at this state of the proceedings.
Both attorneys argued that the notices required more detail.
Finnell argued that he might very well use all of the video in question at trial, so the notice he filed provided sufficient information for the defense to prepare for trial.
The defendants are Michael J. Elmore and Lyndsey J. Wilcox. Elmore is charged with multiple charges for his alleged attack on Sanfratello, including aggravated manslaughter in the first degree, and Wilcox also faces several charges, including burglary and assault (full list of charges at the end of this story).
Elmore is represented by Joseph A. Lobosco, and Wilcox is represented by Daniel Dubois and James Vacca.
The hearing on Wednesday morning was the next stage of the process that is likely to lead to criminal trials early next year for Elmore and possibly Wilcox (unless there is a plea agreement). At this stage, defense attorneys make motions, the people (prosecution) file their answering affidavits, then the judge hears limited oral arguments (the purpose of Wednesday's hearing) and then the judge reviews the motions and arguments and issues a ruling.
Lobosco also moved to dismiss the grand jury indictment against Elmore because, in his view, the DA asked too many leading questions (assertions rather than open-ended questions) during grand jury testimony.
"This tainted the entire grand jury process," Lobosco argued.
Finnell defended the grand jury testimony by noting that supposed leading questions were just drawing attention to portions of video and asking witnesses to affirm the accuracy of the video.
The other important issue for Dubois and Vacca in representing Wilcox was the validity of the burglary charge. The burglary charge is predicated on the assertion that a person remained unlawfully on private property after being asked to leave with the intent to commit another crime.
Vacca argued that a review of the surveillance video shows that Sanfratello confronted Elmore, Wilcox and a third party inside of Rush 34, one of the bars inside of Batavia Downs, and apparently informed them they needed to leave the facility. The video indicates Wilcox was cooperative and complying and is seen at one point, standing aside and laughing and joking with a female security guard. She then, he said, walks ahead of Sanfratello while being escorted out of the facility. Near the front door, there is, according to Vacca, an inadvertent brush of hands between Wilcox and Sanfratello.
Wilcox reacts to this and hits Sanfratello, so Sanfratello takes her to the ground and places her in handcuffs. It is after she is in cuffs that Elmore allegedly attacks Sanfratello.
Dubois argued that Wilcox should not be charged with assault based on the video evidence. That her actions constitution, at most, a violation of the harassment statute.
None of this, the attorneys argue, supports the assertion that Wilcox formed an intent to stay in the building in order to commit a crime.
Finnell countered that the action of Wilcox constituted resisting arrest and that her hitting Sanfratello became assault because he was a police officer conducting his official duties. He also argued that it isn't possible to know when Sanfratello's heart emergency, which eventually led to his death, started. It could have started, he said, during the confrontation with Wilcox.
O'Geen is expected to issue a ruling before the next court appearances for Elmore and Wilcox on Aug. 23.
Both defendants remain in custody.
Elmore was indicted by the Grand Jury on counts of:
Aggravated manslaughter in the first degree, a Class B felony. He is accused of intending to cause serious physical injury to a police officer and, as result, causing the death of a police officer;
Aggravated criminally negligent homicide, a Class C violent felony. He is accused of causing the death of Sanfratello with criminal negligence;
Assault in the first degree, a Class B violent felony. Elmore is accused of causing the death of Sanfratello while in the commission of another crime, burglary in the second degree;
Burglary in the second degree, a Class C violent felony. He is accused of knowingly entering a building unlawfully with the intent to commit a crime in the building and threatening to use or did use a dangerous instrument.
Elmore and Wilcox are indicted on counts of:
Burglary in the second degree, a Class C violent felony. Elmore and Wilcox are accused of remaining unlawfully in a building with the intent to commit a crime in the building and, while in the building, causing serious physical injury to another person;
Assault in the second degree, a Class D violent felony. Elmore and Wilcox are accused of causing physical injury to a police officer who was in the act of performing his official duties;
Obstruction of governmental administration in the second degree, a Class A misdemeanor. The pair is accused of trying to intentionally prevent a police officer from performing his official duty by means of intimidation, physical force, or interference.
Trevor Dutra delivered a bomb over the right field wall in the bottom of the third inning of Tuesday's division championship game to give the Muckdogs a 1-0 lead over Elmira.
The game was suspended at the start of the fourth inning because of a heavy downpour drenching Batavia.
The Muckdogs have a 2-0 lead in the suspended game after Caleb Walker scored on a wild pitch later in the bottom of the third.
The game resumes on Wednesday at 6:30 p.m. Tickets from Tuesday's game are still valid.
The Batavia Muckdogs opened the postseason with a 4-2 win over Jamestown at Dwyer Stadium on Monday.
Batavia finished the regular season with a 34-8 record for a .802 win percentage, 10 games ahead of second-place Elmira and the second-best record in the Perfect Game Collegiate Baseball League. The Amsterdam Mohawks finished 35-7 for a .833 win percentage.
Jamestown, 19-25 in the regular season, opened the scoring with two runs in the second on an RBI single by Leo Doyle. Two batters later, Aidan Wallace scored on a wild pitch.
The Muckdogs answered in the bottom half of the inning on an RBI single by T.J. Morris and tied the game in the bottom of the third when Travis Hammond scored on a fielder's choice.
Hammond again scored in the sixth on a fielder's choice in the sixth to give the Muckdogs the lead.
Batavia picked up an insurance run in the eighth after Shaun Pope walked to open the inning (replaced on the basepaths by James Mason), a single by Travis Hammond, a walk to Jake Butler, and finally a walk, forcing a run in (Mason) to Cooper Romich.
The win was credited to Garrett Beaver, who took the mound in the sixth, relieving Gage Wheaton (Penfield/Niagara University), who went five innings, giving up four hits, two runs, and striking out five Tarp Skunks.
Hammond was 2-2 with a walk at the plate, scoring two runs.
To keep their season going, the Muckdogs need another win on Tuesday night against Elmira at Dwyer Stadium. Game time is 6:35 p.m.
Sgt. Andrew Hale with a Jeep involved in a rollover accident on Route 77 in Alabama. Photo by Howard Owens.
Dispatchers are checking on the availability of Mercy Flight after receiving a report of a possible serious injury accident in the area of 6218 Alleghany Road, Alabama.
UPDATE 5:37 p.m. Joanne Beck: Mercy Flight en route to Erie County Medical Center. Howard Owens is at the scene.
UPDATE 6:32 p.m. Joanne Beck:
In a one-vehicle accident, considered to be one of those “freak” occurrences when not wearing a seat belt actually may have saved the driver’s life. The driver was ejected from his Jeep early Monday evening and is expected to survive, said Genesee County Sheriff’s Sergeant Andrew Hale.
The 39-year-old driver was flown by Mercy Flight to Erie County Medical Center with serious injuries.
Hale said the vehicle was heading northbound on Route 63 towards Medina at approximately 4:50 p.m., where there was some road construction, when, for “some unknown reason,” the driver drove through road-closed construction signs.
“It’s out of the Alabama area here right on the county line, at which point it blew through some construction signs here, and overcorrected and went off the shoulder of the roadway. The construction crews are doing work in the area,” he said. “So from our preliminary investigation, we determined this vehicle rolled at least two times, possibly a third. And the individual was not wearing his seatbelt. And that's ultimately what probably led to him surviving the motor vehicle crash. Had he been wearing a seatbelt, he would have been probably trapped and crushed by the rolling of the Jeep. So, in this instance, it appears that being ejected from the vehicle is what ultimately saved him.”
Hale confirmed that the driver was conscious and alert when responders found him and was able to “talk briefly.”
“But he did have severe injuries,” Hale said.
He did not suspect that alcohol was involved in the accident, he said, but added there's no way of telling if drugs were involved at this point.
There will be an investigation as to why the driver went through the construction signs because “at this time, we don’t have an answer as to why he did that,” Hale said.
“We’ll definitely follow up,” Hale said. He’s got some things he’s got to tend to for right now, but when the time comes, we’ll probably ask him those most important questions.”
There was an off-duty volunteer fireman who lives just up the road who heard the accident and and, along with his father, also responded to the scene.
It is still being determined at what point the driver was ejected from the vehicle, Hale said. He was just lucky in this case that he wasn’t wearing a seatbelt, though Hale encourages everyone to wear one.
“Absolutely wear a seatbelt. You know, 99 percent of the time, it will only benefit you and help save your life and help save others’ lives,” he said. This was just one of those rare freak accidents, and in this case, it played to his benefit.”
The driver’s fiancee had been notified of the accident, Hale said. The driver's name has not yet been released.
Even with the West Division title in the Perfect Game Collegiate Baseball League clinched, the Batavia Muckdogs showed no letup on Saturday. They scored 11 runs over the Jamestown Tarp Skunks at Dwyer Stadium in front of a home crowd of 2,143.
Eric Woodley, from Depew, made only his second appearance of the season. He came on in the fifth and pitched 2 2/3 innings, giving up only one hit and striking out three to pick up the 11-4 win.
TJ Morris, in the leadoff spot, went 3-4, driving in two runs and scoring twice. He's hitting .327 on the season.
Jacob Veczko went 1-4 and drove in three runs. Anthony Greco, from Buffalo, was 2-3 with an RBI and run scored. Bryceton Berry, from Batavia, was 1-2 with a pair of walks and three runs scored. Caleb Walker was 2-3 with two runs scored.
The Muckdogs close out the regular season on Sunday at 4:05 p.m. against Newark.
Batavia is 33-8 on the season, nine games ahead of second-place Auburn. In the PGCBL, only Amsterdam, at 35-7, has a better record.
For the second year in a row, Oakfield hosted its own Box Car Derby on Saturday, this time using Bennett Avenue as the track.
The event was organized by the recently formed Oakfield Box Car Derby Association.
Here are the racing results:
Sport Division (Ages 7-10yrs) :
1st - August Rindell
2nd - Eli Pamer
3rd - Brynn Shildwaster
Super Stock Division (Ages 11-13yrs) :
1st - Cody Pangrazio (winner 2nd year in a row)
2nd - Forrest Franklin
3rd - Lincoln Puls
First-place winners in both divisions won:
The Sue D’Alba Memorial Trophy
$100 cash (courtesy of RKK Construction and Smith’s Outdoors)
1 free Large pizza per month for one year (courtesy of Santino’s Pizza)
An Oakfield Box Car Derby Association t-shirt (courtesy of XO, Sassy Parties)
Second and third-place winners also received a trophy, and all participants received a gift card for 1 free ice cream (courtesy of Blondie’s Sip n’ Dip).
Playing a set of classic rock and country hits, the Rochester-based band Another Vice entertained fairgoers on Thursday evening at the Genesee County Fair.
It was a busy day at the Genesee County Fair on Wednesday and there are plenty of activities for the whole family at the fair on Thursday, including the midway opening at 4 p.m., the 4-H livestock auction at 6 p.m., and the exhibit hall open all day.
Today, members of The Batavian's Early Access Program have a coupon for free entry to the fair, courtesy of The Batavian.
Also, stop by the Media Center (The Batavian/WBTA) to enter The Batavian's eagle drawing contest before 3 p.m. We are giving away a guitar to the 17-and-under winner (a random selection from among the best drawings) and a $100 gift card to the adult winner. After 3 p.m. through Saturday, voting for the people's choice award begins.
The 100-Lap Enduro was held at the Genesee County Speedway on Wednesday at the Genesee County Fair.
The race pits drivers and their near-scrap-yard vehicles against each other and their ability to just make it through all 100 laps without breaking down.
CLARIFICATION: Only the Jell-O side is being painted on Saturday.
The iconic Jell-O/Mail Pouch Barn on Asbury Road in Le Roy will get a fresh coat of paint on the old advertising signs on Saturday by John Doemling, who originally painted the signs on the barn in 2013.
The public is invited to stop by to watch Doemling bring back the vibrancy of the signs, which have faded over the years.
The barn was built in 1820.
Jell-0, as many know, was founded in Le Roy in 1897.
Up until 1992, the Mail Pouch chewing tobacco company of West Virginia maintained signs on 20,000 barns in 22 states around the country, paying a small fee to farmers to advertise their product on the side of barns. The big benefit for farmers was getting a regular coat of paint on the entire barn for free, which helped maintain and preserve it.
Federal government regulation, the Highway Beatification Act, curtailed barn advertising, but historic landmarks, such as Mail Pouch Barns, were exempt.
Eric James Flowers, 36, of Seven Springs Road, Batavia, is charged with felony driving while under the influence of drugs, vehicular assault 2nd, criminal possession of a controlled substance 7th, failure to yield the right of way, and failure to stop at a stop sign. Flowers was charged following an investigation into a three-vehicle accident at 8:29 a.m. on June 26 on East Main Street Road at North Ag Park Drive in Batavia. He is accused of causing physical injury to another person while driving under the influence of drugs. He was issued an appearance ticket.
Donald Daniel Ryan, 40, of Main Road, Batavia, is charged with assault 2nd, robbery 3rd, criminal mischief 4th, and two counts of criminal obstruction of breathing and blood circulation. Ryan was arrested on July 4 following a victim report regarding an alleged assault on June on Park Road in Batavia. He is accused of applying pressure and of blocking the nose and mouth of a person to obstruct breathing and blood circulation. He was arraigned and jailed.
Anthony T. Wenhold, 36, of East Main Street, Batavia, and Laura M. Barber, 36, of East Main Street, Batavia, are both charged with petit larceny and conspiracy 6th. Wenhold and Barber are accused of passing through the self-checkout lane at Walmart on July 17 and not scanning all items in their cart, and then attempting to leave the store. The total value of the items was $173.11. They were both issued appearance tickets.
Travis Martin Klotzbach, 34, of Morning Glory Court, Mechanicsville, Va., is charged with DWI, speeding, open container, and failure to notify DMV of an address change. Klotzbach was stopped at 12:20 a.m. on July 6 on Lewiston Road, Batavia, by Deputy Jonathan Dimming. He was held pending arraignment.
Nicholas Edward McEneany, 26, of Clinton Street, Avon, is charged with petit larceny. McEneany is accused of stealing a can of beer from a concession stand at Darien Lake Performing Arts Center during the Red Hot Chili Peppers concert on July 12. He was issued an appearance ticket.
Maxwell William Matricardi, 28, of San Fernando Lane, East Amherst, is charged with criminal possession of a controlled substance 7th. Matricardi was allegedly found in possession of methamphetamine and Xanax during a larceny investigation at Batavia Town Center on Veterans Memorial Drive at 4:30 p.m. on July 17.
Jesse Edward Szczech, 44, of Plymouth Avenue, Rochester, is charged with 184 counts of criminal contempt 1st. No details about the case were released. He was processed at the Genesee County Jail and released.
Zachary Steven Natale, 30, of North Street, Medina, is charged with disobeying a court mandate. Natale is accused of sending text messages in violation of an order of protection. He was processed and released.
Aavion Jamier Bethel, 19, of State Street, Batavia, is charged with petit larceny. Bethel, a Walmart employee, is accused of stealing $100 from a cash register at the store on 3:58 p.m. on July 19.
