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In response to a possible plan by New York City Mayor Eric Adams to relocate undocumented migrants from New York City to Upstate New York, Genesee County has issued an emergency declaration banning the acceptance of immigrants from out of the county for at least five days.

The ban was effective at noon today, County Manager Matt Landers told The Batavian's Joanne Beck.

UPDATES coming.

UPDATE: State of Emergency to stop immigrants from landing on county's doorstep

The latest attempt by Scott F. Doll to get his 2010 conviction for murder overturned has failed to persuade another judge and his appeal based on what his attorney claimed was new evidence has been denied.

Attorney Michael S. Deal, from the Legal Aid Bureau of Buffalo, filed a motion to overturn the conviction earlier this year. A hearing on his motion was heard by Judge Sanford A. Church on March 10.

Deal argued that he had uncovered new evidence related to the failure of the Monroe County Medical Examiner's Office to collect fingernail scrapings from Doll's victim, Joseph Benaquist, and new DNA tests of people who might have had access to the murder scene should lead to Doll's conviction being overturned and a new trial granted.

Church ruled that the defendant did not present a factual assertion that the two pieces of "newly discovered evidence" could not have been available for the 2010 trial. 

"As discussed below, a sound defense trial strategy could have been to avoid further scientific testing and emphasizing the prosecution's failure to test some evidence," Church wrote. "The defense was aware, for example, of the drops of blood on the victim's boot before trial and that it had not be subjected to DNA profiling. All they had to do was ask that it be tested."

The defense could have also asked that fingernail scrapings be tested.  If the defense had made the request, the attorneys would have learned that clippings and scrapings had not been collected.

As for a bit of third-party DNA found on the victim's boot, that evidence could have been available at trial, Sanford said. There were photographs available to the defense that showed a possible bloodstain on the victim's boot.  The defense, he said, could have insisted that the bloodstain be tested.

Prior court rulings have found that for evidence to be considered "new" in an appeal, it must be evidence that could not have been discovered by the defense through diligence. 

It's also not readily apparent that the DNA comparisons would change the outcome of the trial, Sanford ruled.

For these reasons, Doll has failed to prove that his "new evidence" could not have been discovered before trial.

Church, an Orleans County judge, heard the appeal because Genesee County Court Judge Melissa Lightcap Cianfrini formerly worked for the Genesee County District Attorney's Office and had been involved in prior appeals, so she had a conflict of interest.

Doll was sentenced to 15 years to life for the 2009 murder of Benaquist. He has consistently maintained his innocence since his arrest.

On the night of Feb. 16, 2009, Doll was found walking in Pembroke in blood-soaked clothing by a deputy and questioned.  Due to the suspicious nature of his appearance and a van he identified himself as operating earlier in the evening, he was questioned by investigators who feared there was a seriously hurt or dead person in the area.  Those emergency circumstances allowed investigators wide leeway in questioning Doll and searching for a possible victim. Several hours later, Benaquist's badly beaten body was found in the driveway of his home in Pembroke.

Benaquist and Doll, a prison guard, had been partners in a used car business.

For all of The Batavian's prior coverage of Scott Doll, click here.

Press release:

Yesterday at the Genesee County Office For The Aging, “Quilts of Valor” were presented to three local Veterans. A Quilt of Valor is a quality, handmade quilt awarded to a Service Member or Veteran who has been touched by war. AmeriCorps Seniors RSVP Volunteers in the OFA Quilt Group made and presented the Quilts to Robert Swanson, David Dumuhosky, and Wilbur Easton.

Submitted photos.

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Reader Jeremy McClellan spotted the Goodyear Blimp flying over the Genesee County Park on Wednesday afternoon.  It is apparently in the Rochester area for the PGA tournament.

A controlled burn at 7833 Walker Road, Pavilion, is now reportedly out of control and spreading toward a barn.

The fire is about 20 feet from the structure.

Pavilion Fire dispatched.

The spring burn ban has been lifted, but the National Weather Service has an advisory for dry and windy conditions in place warning of elevated fire danger.

UPDATE 4:22 p.m.: Le Roy Fire asked to standby in the Le Roy hall.

The Alexander Girls Softball team capped a winning season on Tuesday, beating rivals Attica in Attica. 

Alexander was down 5-0 until an eight-run fourth gave them the lead 8-5.  

Attica tied the game in the fifth at eight.  Both teams added a run in the sixth to tie it again at nine.  With one out in the top of the eighth inning, Madison Boyce delivered the knockout blow for Alexander when she tripled to right field and later scored the go-ahead and winning run.  

Emily Pietrzykowski nailed the win by retiring the side in order in the eighth to notch her sixth win of the season. She allowed eight hits, three earned runs, delivered four walks and whiffed seven Attica hitters. 

Alexander finished the regular season with a 12-6 record and potentially locking up the fifth seed for sectionals just behind potential fourth seed Oakfield in Class C1.

Pietrzykowski lead Alexander's batting, going 4-5 with two triples, two RBIs, two stolen bases and one run scored.  Melissa Sawyer was 2-5 with an RBI and a run scored.  Maddison Boyce was 2-5 with a triple and two runs scored.

“We started out this game flat and made three errors that lead to three runs for them right away," said Coach John Goodenbury. "They tacked on two runs with Robinsons' long ball, and we found ourselves in a 5-0 hole going into the fourth.  I told the girls they could make a choice right then, in the moments before we went up to hit.  They could choose to just lay down and lose or get in the box and fight like heck for it.  What I told them landed, and they made their choice to fight for it as they exploded for eight runs.  It was a loud and intense finish, at the end of the game, every girl in our starting lineup came away with at least one hit, proving that we can overcome adversity if we have faith, dig deep and play for each other.  I’ve said it before, we have a young team with talent and heart, and when it mattered most, they chose to fight and showed again what the future for Alexander softball holds."

Photos by Cathy Sawyer.

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Strong winds, no fire hydrants, and the ongoing shortage of volunteer firefighters made today's barn fire in Darien a bit more challenging to fight, said Tim Yaeger, emergency management coordinator for Genesee County.

The fire was reported at about 8:30 a.m. at 2044 Sumner Road, Darien, a 9.4-acre residential parcel owned by David Keller that contained multiple barns and other out structures, all mostly built in the 1950s and 1960s.

Yaeger said an investigation found that the source of the fire was a fire started by the homeowners to the southwest of the barn that caught fire.  Yaeger said the wind changed direction, and embers flew into the barn causing combustible items in the barn to catch fire.

The barn was in disrepair, Yaeger said, and damage to the west side of the barn exposed the interior to the flying embers.

The fire spread and expanded quickly because of the wind, Yaeger said.

There were no injuries, either to residents or firefighters, Yaeger said.  There were no livestock or domestic animals involved in the fire.

Darien Fire was initially dispatched to the fire (follow the link for more photos).

Multiple tankers for surrounding departments, including Corfu, East Pembroke, and Alexander, were dispatched.  The tankers were necessary, Yaeger said, because that part of Darien does not have public water, and there are no fire hydrants in the area.

The need for tankers increases the need for volunteer firefighters, and those are in short supply at the start of a weekday workday, so getting enough manpower to the scene today was an issue, Yaeger said.

Darien Fire, in particular, has been dealing recently with a lack of volunteers.

The lack of volunteers, he said, again illustrates the crisis situation for local fire companies.

"It's still a real concern of mine," Yaeger said. "I applaud the City of Batavia Fire Department for being a real partner with us.  We've got to do something to increase the number of volunteers."

He said a lot of volunteers are aging out, and many who are showing up have been volunteers for 30, 40, or even 50 years, and they do what they can.

"They're still proud of their service to their communities, but we need a new message to bring out younger volunteers to join their ranks," Yaeger said.

Still, even with the challenges, the fire departments on scene were able to have half of a secondary structure that caught fire, as well as the rest of the structures on the property, including the house.

"The house wasn't damaged at all," Yaeger said.

Vincent S. Kovach is indicted on five counts of criminal possession of a weapon in the third degree, a Class D felony, and two counts unlawful purchase of body armor, a Class A misdemeanor. Kovach is accused of possessing an AR-15 pistol, serial number 21004302, on April 21 in the Town of Le Roy that was semiautomatic with the ability to accept a detachable magazine and the capacity to accept ammunition magazines that attach to the pistol outside the pistol grip. The pistol also allegedly had the capability to accept a barrel extender, flash suppressor, forward handgrip, or silencer, and a shroud that would allow a person to hold the barrel of the gun without being burned, that had a manufactured weight of fifty or more ounces while unloaded, and of being a version of an automatic rifle. He is accused of possessing two pieces of body armor, one from May 2022 to April and the other from January to April.

Andrew W. Taylor is indicted on counts of falsifying business records in the first degree, a Class E felony, and petit larceny, a Class A misdemeanor. Taylor is accused of filing a false business document at Pawn King in Batavia on Nov. 21.  He was allegedly attempting to pawn a an item he stole, an Oral B Pro 500 and WaterPik water flosser.

A two-car motor vehicle accident is reported at Richmond and Oak, Batavia.

Minor injuries reported.

A deputy on scene reports a patient with chest pain and "shook up."  A dump truck may be involved.

City Fire and Mercy EMS responding.

Michael E. Loveless, 59, of Imperial Drive, Webster, is charged with grand larceny 4th and unauthorized use of a vehicle 3rd.  Loveless is accused of stealing a gar that was stopped at a gas station in the City of Batavia on May 10 while the owner of the vehicle was inside the store. The vehicle was tracked using a GPS system and located in Lockport. Loveless was allegedly occupying the vehicle when it was located. He was taken into custody by Lockport PD and turned over to Batavia PD.  He was arraigned in City Court and ordered held until his next court appearance. 

Jessica L. Holtz, 39, of Austin Street, Rochester, was arrested on two  City Court bench warrants. The first bench warrant stems from a petit larceny charge at a local convenience store on Nov. 18, 2021.  Holtz was originally arrested on Nov. 27, 2021.  She was issued an appearance ticket.  She was arrested again on Feb 2, 2022, after she allegedly failed to appear in court as ordered. She was arraigned and released. She was arrested gain on May 1, 2022.  She was arraigned and released. She was arrested on Jan. 29.  She was arrested on March 11.  She was then arrested again on May 2 by Officer Megan Crosset and arraigned in City Court. On the second warrant, Holtz was arrested on Nov. 27, 2021, on a petit larceny charge for an alleged theft from a local church. She was arrested again on May 1, and again on Jan. 29, again on March 11, and on May 2.  She was arraigned in City Court. She was ordered to pay 79 cents in restitution and jailed for two months.

Josia G. J. Culver, 18, of Tracy Avenue, Batavia, is charged with criminal mischief 3rd. Culver is accused of damaging an ATM screen at a bank location on Bank Street, Batavia, on May 5. He was arraigned and ordered held without bail pending his next court appearance. 

Alisha A Soule, 26, of Route 237, Stafford, is charged with criminal contempt 2nd. Soule turned herself in to Batavia PD after being accused of contacting a person through a third party in violation of an order of protection. She was released on an appearance ticket.

Ashley Davis, 34, of Walden Creek Drive, Batavia, is charged with harassment 2nd. While in custody, Davis allegedly kicked a police officer. Davis was issued an appearance ticket.

Corey A Brown, 37, of Ellicott Street, Batavia, is charged with harassment 2nd. Brown is accused of hitting another person in the face at a residence on Ellicott Street on May 10. He was arraigned in City Court and released on his own recognizance.

William H Smith Jr., 45, of Bank Street, Batavia, was arrested on a City Court bench warrant. Smith was originally arrested for DWI and other charges on Feb. 7, 2021, and released with traffic tickets.  Smith is accused of failure to appear on the charges and was warranted on a warrant on Nov. 14, 2021.  He was released and ordered to reappear at a later date. He allegedly failed to show up for court, and another warrant was issued. He was arrested on that warrant on May 10 by Officer Kevin Defelice. Smith was arraigned in  City Court and released under supervision.

Krista S. Kiblin, 32, of Mason Avenue, Rochester, was arrested on a City Court bench warrant. Kiblin was originally arrested on Jan. 27 on a charge of petit larceny after she allegedly stole merchandise from a business on East Main Street.  Kiblin was issued an appearance ticket.  After she allegedly failed to appear as ordered, a warrant was issued, and she was arrested on that warrant on May 3 by Officer Richard Messmer. Kiblin was arraigned. Her release status is unknown.

Brayden Smith pitched a complete-game, five-inning shutout on Monday to help lead Oakfield -Alabama over Pembroke 10-0.

Pembroke managed only three hits.

Smith struck out 10 hitters and walked two.

Bodie Hyde was 2-2 with five RBIs.  Cole Kornow had two hits, scored twice, and drove in a pair of runs. Seth Gibson walked three times and scored three runs.

Photo by Kristin Smith.

The annual spring ban on controlled burns and open fires ends today, but the National Weather Service has issued a special weather statement warning of an elevated fire risk for the region.

Statement: 

A combination of dry conditions and wind today will create an elevated risk of wildfire spread across western and north central New York. Relative humidity values will drop to as low as 15 to 25 percent, with winds gusting up to 35 mph at times. Despite the recent green-up, these conditions may allow for rapid spread of fires if ignition occurs.

A barn fire is reported at 2044 Sumner Road, Darien.

Darien Fire, Corfu Fire, and Alexander Fire, along with Mercy EMS dispatched.

A second alarm has been sounded for East Pembroke, Town of Batavia and City Fire's FAST Team.

UPDATE 10:20 a.m.: When The Batavian left the scene 20 minutes ago, firefighters were still battling with hot spots, and officials at the fire were not yet ready to release information.  The cause of the fire has not been confirmed yet. 

Brittany L. Richway, 32, of Syracuse, and Angel M. Scott, 34, of Batavia, are charged with petit larceny. Richway and Scott are accused of stealing from a location in the Town of Batavia at 7:46 p.m. on May 11. They were arrested by the State Police and released on an appearance ticket.  No further information was released.

Michael R. Vickery, 45, of Lackawanna, is charged with petit larceny. Vickery is accused of stealing from a location in the Town of Batavia at 12:52 p.m. on May 10.  He was arrested by State Police and released on an appearance ticket.  No further information was released.

Daniel Stevens, 49, of Batavia, is charged with petit larceny. Stevens is accused of stealing from a location in the Town of Batavia on May 8 at 9:46 a.m. Stevens was released by State Police and released on an appearance ticket. No further information was released.

Cody Middlebrooks, 32, of Akron, is charged with criminal mischief 4th. Middlebrooks is accused of damaging property in the Town of Alabama on May 9 at 4:15 a.m.  He was arrested by State Police. His release status is unknown. No further information was released.

Tony Robert Graber, 44, of Main Road, Pembroke, is charged with criminal contempt 2nd. Graber is accused of violating a complete stay-away order of protection on May 5 in the Town of Batavia. He was processed at the Genesee County Jail, arraigned, and released on bail.

Brian N. Miles is indicted on counts of attempted forgery in the second degree, a Class E felony, criminal possession of a forged instrument in the second degree, a Class D felony, criminal possession of stolen property in the fifth degree, a Class A misdemeanor, and criminal possession of a controlled substance 7th degree, a Class A misdemeanor. Miles is accused of attempting to fill out JP Morgan check that belonged to another person in order to obtain cash on Nov. 15, 2021,d while at the ESL Federal Credit Union on Veterans Memorial Drive in Batavia. He was allegedly found in possession of a stolen JP Morgan checkbook. On that date, he was allegedly found in possession of cocaine.

Timothy W. Szurgot is indicted on counts of criminal possession of stolen property in the third degree, a Class D felony and criminal impersonation in the second degree, a Class A misdemeanor.  Szurgot was allegedly found in possession of a stolen 2018 Focus on Oct. 25 in the Town of Batavia. He is accused of assuming the identity of another person on Oct. 25 with the intent to defraud another person.

Joseph G. Bauer is indicted on a felony count of DWI, aggravated unlicensed operation in the first degree, a Class E felony. Bauer is accused of driving drunk while on a suspended license on July 4 in the Town of Darien, on Park Road.

The Batavian brings you more local news coverage than any other news source in Genesee County.  Here are the stories we reported before the competition in the past week.

Here are 23 reasons to sign up today for Early Access Pass. 

• Photos: GCC's 42nd fashion show highlights style trends from the 20s to today,  By Nick Serreta
• Laughs and smiles at 10th Derby Day also serves a worthwhile cause, by Howard Owens
  Residents are invited to learn about BCSD's $58.9M budget before vote, by Joanne Beck
• One woman's dream comes true as first one chosen for Ellicott Station, by Joanne Beck
• City Council holds town to wastewater limits, warns of penalties, by Joanne Beck
• GCEDC mum on whether Genesee County was in running for new Coca-Cola dairy processing plant, by Howard Owens
• Photos: Crews laying asphalt in Court Street parking lot, by Howard Owens
• BCSD superintendent sends letter to families regarding false bomb threat, by Joanne Beck
• Elba photographer's passion on display for Mother's Day craft show, by Joanne Beck
• Genesee Chorale presents Across the Vast Eternal Sky in Batavia and Le Roy in May, by Howard Owens
• 'More can always be done' to combat threats, superintendent says, by Joanne Beck
• Crews rip off Band-Aid, get to work on $200K parking lot project downtown, By Joanne Beck
• BSA's annual Spring Show dazzles at Richmond Memorial Library, by Howard Owens
• Curious about the value of that curio? Appraisals on Main is May 20, by Joanne Beck
• GCEDC's Hyde drops hints in remarks to regional economic team of new projects coming, by Howard Owens
• Photos: Light pole repair in School Street parking lot, by Howard Owens
• Photo: Fire hydrant flushing on Ellicott Street, Batavia, by Howard Owens
• Finally, it looks like Jackson Square's redesign is a keeper, by Joanne Beck
• Developer promises upscale, market-rate apartments for complex next to GCC, by Howard Owens
• Get your skates ready for some Friday night fun at The McCarthy, by Joanne Beck
• Batavia man accused of predatory sexual abuse against a child, by Howard Owens
• Food drive by postal carriers collects bounty for local charities, by Howard Owens
• Biogas plant on the drawing board for ag park since 2014 reemerges in planning process, by Howard Owens

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Members of the New Breed Motorcycle Club out of Rochester lead a funeral possession from Monroe County to Machpelah Cemetery on North Street in Le Roy on Saturday for Dustin Rich.

The 25-year-old Batavia resident was killed in an accident while driving his motorcycle in Brighton on May 1.  

A friend of Rich's, Gordon Montgomery, said the turnout of the motorcycle club demonstrated how motorcyclists treat their fallen.

He shared the quote, “Show me the manner in which a nation cares for its dead, and I will measure with mathematical exactness, the tender mercy of its people, their respect for the law of the land and their loyalty to high ideals.”

Photos by Nick Serreta.

A long-discussed plan to build a biogas plant in the Genesee Valley Agri-business Park in the Town of Batavia is again moving forward with the recommended approval on Thursday of a height variance for a storage tank on the property.

CH4 Biogas of Covington, operating the business name Genesee Biogas for the project,  first proposed the plant in 2014. 

Sara Gilbert, of Pinewood Engineering, asked the board to Genesee County Planning Board on Thursday to recommend approval for the company to build a digester storage tank taller than allowed by zoning code.  The biogas plant seeks approval for an 83.5-foot tall digester tank.

Gilbert noted that the board previously recommended approval of the variance for a plant location that was going to be just outside the ag park but the Town of Batavia board prefers the company build the plant inside the park so the application for the variance needed to be resubmitted for the new location in the park.

She also noted that HP Hood was granted a variance for a much taller tank, and Oatka Milk has tanks with heights that do not conform to the zoning code so the Genesee Biogas proposal is consistent with existing construction in the area.

The board approved the recommendation with one no-vote, from Eric Biscaro, who expressed concern about potential odor from the plant.

"I don't care what the height of the tank is, personally," Biscaro said. "I mean, I'm right next to this thing, and I would just as soon get back into that park further because I work at Armor (Building Supply) right down the road from Oatka and Let me tell you, it's pretty ripe there sometimes. And I'm close to this plant, living near there then I am at work. I'm under the impression that this plant is going to smell worse than Oatka."

No, Gilbert said, everything at the plant is enclosed, and the air coming out of the plant is filtered.

"It is different than maybe a more traditional digester," Gilbert said. "It actually has a negative pressure system that can pull the air out and put it through a biofilter system that filters the air. So it does not have a strong smell. And it doesn't have any animal waste at all associated with it. It's only food-grade waste from the plants in the park."

Genesee County Planning Director also informed the board that the only matter on the agenda for Thursday was the high variance. Genesee Biogas will present at a later date a site plan review, where issues such as odor can be considered.

In 2014, at a previous public meeting, Paul Toretta, CEO of CH4 Biogas, explained how the plant works: "We make green power out of organic waste. Once the digester does its thing, it captures methane and powers an engine that makes green power and puts it on the grid. The engine produces heat that can be used to heat Quaker Muller and Alpina (the plants in the park at the time), helping them cut their heating bill."

Quaker Muller's plant is now owned and operated by HP Hood, and Alpina is owned and operated by the Upstate Milk Cooperative.