Stories from

A driver has reportedly fled the scene after his car struck a pole in the area of 8113 Lewiston Road, Batavia.

The pole is down and wires are down.

Town of Batavia Fire dispatched.

UPDATE 10:26 a.m.: Oakfield Fire requested for traffic control at Galloway Road.

 

Today's annual awards at the Sheriff's Office recognized a wide range of contributions and good police work throughout the department, but the vast majority of awards were generated by one event: Winter Storm Elliott.

The extra effort to save lives went well beyond just a few individuals.

Photos by Howard Owens.  Top photo: Nate Fix and Anthony Johnston of Genesee SnoPackers and Deputy Kevin McCarthy were recognized for their initiative to use the Snopackers' grooming machine and a snowmobile to make it possible for a convoy of rescuers to make it to stranded motorists, resulting in multiple lives saved. Some of those rescued clearly would have perished in the following 30 to 60 minutes if the team of rescuers hadn't reached them when they did, Sheriff Wiliam Sheron noted.

Press release:

2022 BLIZZARD ELLIOTT AWARDS:
The following are being recognized for their heroic actions during historic Blizzard Elliott that occurred December 23 – December 25, 2022.  Blizzard Elliott inflicted sub-zero wind chill temperatures and blinding lake-effect snow that left numerous highways and roads impassable.  Multiple motorists were stranded in their vehicles for several hours and were not easily accessible by emergency first responders.  Without hesitation for their own safety, these employees worked considerable additional hours to rescue motorists.  Their brave actions that holiday weekend, undoubtedly, saved many lives. 

They are to be commended for their actions which have brought great credit upon themselves and the Genesee County Sheriff’s Office.

COMMENDATIONS:

• Undersheriff Bradley D. Mazur
• Deputy Sheriff Rachel M. Diehl
• Deputy Sheriff Jonathan M. Dimmig
• Chief Deputy-Criminal Investigations Joseph M. Graff
• Deputy Sheriff Eric J. Meyer
• Deputy Sheriff Kyle J. Tower
• Chief Deputy-Road Patrol
• Brian M. Frieday
• Deputy Sheriff Ryan W. Young
• Deputy Sheriff Zachary P. Hoy
• Sergeant Jason E. Saile
• Deputy Sheriff Robert C. Henning
• Deputy Sheriff Morgan C. Ewert
• Sergeant Andrew B. Hale
• Deputy Sheriff Jeremy M. McClellan
• Deputy Sheriff Ryan J. Mullen
• Sergeant Michael J. Lute
• Deputy Sheriff Travis M. DeMuth
• Deputy Sheriff Alexander R. Hadsall
• Sergeant Mathew J. Clor
• Deputy Sheriff James D. Stack
• Deputy Sheriff Carlos O. Ortiz Speed
• Sergeant Kyle D. Krzemien
• Deputy Sheriff Andrew Z. Mullen
• Deputy Sheriff Ayrton J. Blankenberg
• Investigator Erik B. Andre
• Deputy Sheriff Joshua A. Brabon
• Deputy Sheriff Jacob A. Kipler
• Deputy Sheriff Patrick J. Reeves
• Deputy Sheriff David D. Moore
• Deputy Sheriff Mason S. Schultz
• Deputy Sheriff Richard S. Schildwaster
• Deputy Sheriff Jordan M. Alejandro

Deputy Sheriff Kevin R. McCarthy assisted rescue efforts by operating his personal snowmobile to reach stranded motorists in their vehicles.

Blizzard Elliott generated over 3,200 total phone calls and 953 distinct calls for service, resulting in the busiest day in the history of the Genesee County Emergency Services Dispatch Center.  The following communications personnel played a vital role in addressing the tremendous demands placed upon the 9-1-1 Center during this extraordinary event and are to be commended for their actions which have brought great credit to themselves and the Genesee County Sheriff’s Office.

COMMENDATIONS:

• Director of Emergency Comm. Francis A. Riccobono
• Emergency Services Dispatcher Andrew K. Merkel
• Public Safety Systems Manager Justin T. Allen
• Emergency Services Dispatcher Samantha L. Conibear
• Sr. Emergency Services Dispatcher Robert H. Tripp
• Emergency Services Dispatcher Emily K. Young
• Sr. Emergency Services Dispatcher Jason W. Holman
• Emergency Services Dispatcher Shelby M. Turner
• Sr. Emergency Services Dispatcher Michael T. Sheflin
• Emergency Services Dispatcher Matthew F. Grimes
• Emergency Services Dispatcher Stephen R. Smelski
• Emergency Services Dispatcher Shaylene S. Kilner
• Emergency Services Dispatcher Peggy D. Richardson
• PT Emergency Services Dispatcher Cady E. Glor
• Emergency Services Dispatcher Kelly E. Smith
• PT Emergency Services Dispatcher Marie A. Vaughn

Emergency Services Dispatcher Nathan L. Fix, while off duty and in his capacity as Vice-President of Genesee Sno Packers, played a crucial role in securing the use of its Tucker snow grooming machine that led a convoy of first responders to reach stranded motorists who had been in their vehicles for multiple hours.

CERTIFICATES OF APPRECIATION:

• Anita Cleveland for welcoming one of our deputies who was stranded on the road in front of her house,  along with two motorists that he previously rescued from their stranded vehicle, into her home where she provided comfort, food and shelter.
• Sheriff’s Office Chaplain Jeffrey R. Bartz, his wife, Jami, and Grace Baptist Church.   Multiple motorists were stranded for several hours in their vehicles and once rescued were in need of a place to shelter until the blizzard passed and roads opened.  Chaplain Bartz, without hesitation, assisted with the opening of Grace Baptist Church as a warming shelter, and he and his wife spent the holiday weekend providing comfort, food, and shelter to strangers in need.       
• Genesee Sno Packers provided its Tucker snow grooming machine to lead a convoy of first responders to reach multiple stranded motorists. 
• Anthony Johnston is a member of the Genesee Sno Packers, and he volunteered his time to drive its Tucker snow grooming machine, jeopardizing his own safety to assist patrols.

In an awards ceremony Friday -- the first one at the Genesee County Sheriff's Office in a couple of years because of the pandemic -- Deputy Kenneth A. Quackenbush, III, was named Officer of the Year by Sheriff William Sheron.

The entire command staff provides advice and input in selecting each year's honorees, which also includes meritorious service and commendation awards. 

Quackenbush thanked his family and his co-workers for their support, and his mentor, a detective he didn't name, for pointing him in the right direction toward becoming a better police officer.

See also: Sheriff's Office awards recognize life-saving efforts during Winter Storm Elliott

Photos by Howard Owens

Press release:

Officer of the Year Award – Kenneth A. Quackenbush, III
Deputy Sheriff Kenneth A. Quackenbush, III has distinguished himself in the performance of service to the citizens of Genesee County during 2022. 

Deputy Quackenbush is a six-year member of the Sheriff’s Office, with almost four of those years on Road

Patrol.  Deputy Quackenbush consistently displays a professional, positive attitude and unwavering work ethic.  He is level-headed and has received accolades for his calm demeanor and de-escalation during tense situations.  Deputy Quackenbush has been a leader in traffic enforcement, which often leads to larger cases, including those for impaired driving.  He had several notable felony arrests in 2022, which included illegal weapon and drug possession cases.   Deputy Quackenbush has developed trust within the department as shown by him being a Field Training Officer, Drug Recognition Expert, a member of the Emergency Response Team and is looked upon for other special assignments. 

Deputy Sheriff Kenneth A. Quackenbush, III has reflected great credit upon himself and the Genesee County Sheriff’s Office, and most deserves to be named Officer of the Year. 

Distinguished Service Award – Principal Financial Clerk Margaret A. Sheelar

Principal Financial Clerk Margaret A. Sheelar has distinguished herself as a member of the Genesee County Sheriff’s Office for over 20 years. 

Principal Financial Clerk Margaret A. Sheelar began her career on August 1, 2000.  During her career, she was the recipient of two Meritorious Service awards for her dedication in the performance of her duties. 

Margaret’s professionalism, coupled with her knowledge of Sheriff’s Office operations, has been a source of pride for this Agency.  This year, as in previous years, Margaret continues to pay diligent attention to the financial needs of the Sheriff’s Office.  She frequently assists the administration with tasks that go well beyond her listed duties to ensure smooth operations and is always willing to take on additional responsibilities without hesitation.

Principal Financial Clerk Margaret A. Sheelar reflects great credit upon himself and the Genesee County

LONGEVITY AWARDS:

Correction Officer Lewis A. Henning

10 years

Program Coordinator Tracy L. Ranney

10 years

Correction Officer Michael A. Cox

15 years

Sr. Emergency Services Dispatcher Robert H. Tripp

20 years

Emergency Services Dispatcher Beth A. Hynes

20 years

Correction Officer Michael F. Lindsley

20 years

Sergeant Thomas A. Sanfratello

30 years

Jail Superintendent William A. Zipfel

40 years

Sheriff William A. Sheron, Jr.

45 years

MERITORIOUS AWARDS:

Sr. Correction Officer James M. Smart
Senior Correction Officer James M. Smart has distinguished himself by Meritorious Service as a member of the Genesee County Sheriff’s Office. 

Senior Correction Officer Smart has been instrumental in maintaining the inmate telephone system and tablets.  He has worked diligently to reorganize the inmate files and the file room, which is no small task.  Senior Correction Officer Smart has voluntarily taken on these additional responsibilities while continuing to do a stellar job with his normal duties.

Senior Correction Officer James M. Smart has brought great credit upon himself and the Genesee County Sheriff’s Office.

Sr. Emergency Services Dispatcher John W. Spencer, II
Senior Emergency Services Dispatcher John W. Spencer, II has distinguished himself by Meritorious Service as a member of the Genesee County Sheriff’s Office. 

Senior Dispatcher Spencer continues to demonstrate excellent leadership of his shift and provides guidance for dispatchers, especially newer dispatchers.  He performs additional duties, including schedule management, and emergency medical call reviews, and is a Certified Training Officer.  Additionally, Senior Dispatcher Spencer demonstrates his commitment to providing excellent service to the public and to first responders, along with a willingness to adapt to meet new challenges.

Senior Emergency Services Dispatcher John W. Spencer, II has brought great credit upon himself and the Genesee County Sheriff’s Office. 

Deputy Sheriff Nicholas R. Chamoun
Deputy Sheriff Nicholas R. Chamoun has distinguished himself by Meritorious Service as a member of the Genesee County Sheriff’s Office. 

Deputy Chamoun’s outstanding dedication to law enforcement is apparent year after year.  He is a Drug Recognition Expert and a member of the Emergency Response Team.  Deputy Chamoun is always eager to learn by way of formal training, researching, and learning on his own.  He takes the knowledge he gains and shares it with other members in the department.  Deputy Chamoun is aggressive in his vehicle traffic enforcement and puts his knowledge to use on his patrol in order to look “beyond the ticket” to identify criminal activity.  His efforts have resulted in felony arrests for illegal drugs and weapons on a consistent basis, thus making our community much safer. 

Deputy Sheriff Nicholas R. Chamoun has brought great credit upon himself and the Genesee County Sheriff’s Office.

Investigator R. Pete Welker
Investigator R. Pete Welker has distinguished himself by Meritorious Service as a member  of the

Genesee County Sheriff’s Office.

Investigator Welker began his career at the Genesee County Sheriff’s Office in 1994, and has

dedicated 22 years to the Genesee County Drug Task Force.  Investigator Welker has consistently brought forward the highest-quality narcotics investigations leading to successful criminal prosecutions.  Investigator Welker’s efforts and dedication to narcotics enforcement have significantly reduced the potential of violent crime in Genesee County.   

Investigator R. Pete Welker has brought great credit upon himself and the Genesee County Sheriff’s Office.

Community / Victim Services Counselor Rosanne M. DeMare
Community / Victim Services Counselor Rosanne M. DeMare has distinguished herself by Meritorious Service as a member of the Genesee County Sheriff’s Office.

Rosanne continuously puts victim interests first and foremost and spends countless hours comforting victims in distress and providing them with the emotional support needed to work through the complex criminal justice process.  She is compassionate and knowledgeable and is determined to ensure that victim rights and needs are met with the utmost respect and dignity. 

Community / Victim Services Counselor Rosanne M. DeMare has brought great credit upon herself and the Genesee County Sheriff’s Office.

COMMENDATIONS:

Correction Officer Matthew M. Luce
Correction Officer Matthew M. Luce is being recognized for a Commendation Award for his added responsibility of maintaining the inmate property room. 

Unclaimed inmate property is documented and inventoried, and once sufficient time has passed, paperwork is initiated to destroy the abandoned property.  Correction Officer Luce’s diligence keeps the property room free of clutter and makes for a more orderly property storage area.  He has voluntarily taken on this additional responsibility while continuing to do an excellent job with his normal duties.   

Correction Officer Matthew M. Luce is to be commended for his actions which have brought great credit upon himself and the Genesee County Sheriff’s Office.

Emergency Services Dispatcher Shelby M. Turner
Emergency Services Dispatcher Shelby M. Turner is being recognized for a Commendation Award for her actions during historic Blizzard Elliott that occurred December 23 – December 25, 2022.

The blizzard inflicted sub-zero wind chill temperatures and blinding lake-effect snow that left numerous highways and roads impassable.  This event generated over 3,200 total phone calls and 953 distinct calls for service.  This was the busiest day in the history of the Genesee County Emergency Services Dispatch Center.  Dispatcher Turner played a vital role in addressing the tremendous demands placed upon the 9-1-1 Center during this extraordinary event.     

Emergency Services Dispatcher Shelby M. Turner is to be commended for her actions which have

brought great credit upon herself and the Genesee County Sheriff’s Office.

Deputy Sheriff Jeremiah W. Gechell
Deputy Sheriff Jeremiah W. Gechell is being recognized for a Commendation Award for his actions while on duty May 7, 2022.

At approximately 0300 hours, Deputy Gechell observed a vehicle driving in an erratic manner in the City of Batavia.  Deputy Gechell initiated a traffic stop and found the driver was acting in a suspicious manner and providing inconsistent information.  Deputy Gechell’s instincts prompted him to investigate further by individually interviewing all three occupants in the vehicle.  Deputy Gechell found there to be several discrepancies in each of their explanations which prompted him to call for assistance from the K-9 unit to search the vehicle.  A large quantity of narcotics was discovered, which included cocaine, fentanyl, and methamphetamine, resulting in felony arrests of the three occupants of the vehicle.  More importantly, high quantities of dangerous narcotics never made their way onto the streets.  Deputy Gechell’s instincts and investigation are to be credited and commended for this.

Deputy Sheriff Jeremiah W. Gechell is to be commended for his actions which have brought great credit upon himself and the Genesee County Sheriff’s Office.

Chief Deputy Joseph Graph participating in Friday's awards ceremony.

Dispatcher Robert Tripp was congratulated by Sheriff William Sheron.

Brian Cousins, the new president of the Genesee County Chamber of Commerce, mingles with local business owners and community leaders on Thursday at Eli Fish Brewing Co. at a meet-and-greet set up so community members who might not yet have met Cousins could get a chance to shake his hand and say hello.

He's been on the job for about a month so we asked him the best part of the job so far, and the worst part.

"The best part is learning something new every day," Cousins said. "The worst part is learning something new every single day."

Previously: Second career path means representing 'best place on earth' for former Darien Lake executive

Oakfield-Alabama beat Genesee Region rivals Notre Dame on Thursday in Boys Basketball, 75-49.

Scoring for the Hornets: 

• Kyle Porter, 17 points, 7 rebounds
• Noah Currier, 13 points, three steals
• Brayden Smith, 13 points, 10 rebounds
• Colton Yasses, 11 points, 11 rebounds, two blocks
• Avery Watterson, 9 points, four  rebounds

For the Irish:

• Ryan Fitzpatrick, 11 points
• Jaden Sherwood, seven points
• Jordan Welker, seven points

"Tonight was a battle against a solid team," said O-A Coach Ryan Stehlar. "Their gym is never an easy place to play in, and Coach (Mikey) Rapone always has his team ready. I'm glad the boys locked in early. They really focused on defense and made big plays down the stretch. This is good momentum for a tough week coming up in our schedule."

The Hornets are now 12-2. The Irish are 11-5.

Other games in Boys Basketball on Thursday:

• Dansville beat Le Roy 65-58. Merritt Holly scored 27 points. Holly now has 395 points on the season.
• Attica beat Elba, 63-43
• Pembroke beat Kenmore East, 83-34

In Girls Basketball:

• Elba beat Batavia, 60-44. Sydney Reilly scored 17 points and had five steals.  Mariah Ognibene scored 10 points and had nine rebounds. Halie Scouten had six blocks. Madison Thompson had seven rebounds. After losing seven of their first nine games, the Lancers have won five straight.

Photos by Kristin Smith. For more, click here.

Pavilion's Lauren Kingsley has signed a national letter of intent to play basketball for Gannon University, a NCAA Division II school.

Submitted photos. Top photo Basketball Coach Ben Schwenebraten, Lauren Kingsley, Assistant Coach George Schwenebraten.

The Kingsley family, Emily, Val, Lauren, and Dave.

d

Alexander Fire, along with Mercy EMS and Attica's ambulance, responded to a two-car accident at about 8 a.m. in the area of 10799 Alexander Road.

Two people were transported to UMMC for evaluation and treatment.

No information has been released about the accident.  Reader submitted information and photo.

 

 

 

A Monroe County man injured in a motorcycle accident at 1:30 a.m. on Aug. 9, 2021, is suing the Town of Batavia, alleging that a sign on Batavia Stafford Townline Road was pointing in the wrong direction causing him to misread a curve in the roadway.

Daniel W. Felix, Sr., is claiming he sustained significant injuries as a result of the crash.

Attorneys for the Town of Batavia have filed a response denying many of the allegations in the lawsuit.

According to the suit, filed in June, Felix was directed to the right by a road chevron sign when the road actually curved left.

The suit states, "The improper and unsafe right-facing road chevron sign existed for a sufficient period of time prior to the crash to serve as actual and/or implied constructive notice of the defect which existed through negligence, carelessness, and recklessness."

The suit does not state for how long a period of time the plaintiff believes the chevron pointed in the wrong direction.

The suit also states that double yellow lines also indicated he needed to move further to the right on a left curve, "causing him to exit off the road to the right with his motorcycle."

Felix is represented by C. Daniel McGillicuddy of Williamsville.

The town's answer was filed by Michael P. McLaren and Peter L. Powers, of Buffalo.

In the response, the town "explicitly denies any negligence, culpable conduct, or liability."

The filing advances a number of defenses.  Some of them are technical in nature.

Among them:

• "Pursuant to applicable statutes, ordinances, rules and/or regulations, the Town of Batavia is liable only if, prior to the alleged incident complained of, the Town of Batavia received written notice of the alleged effect proximately causing the alleged injuries to the Plaintiff. No such written notice was ever received by the Town of Batavia."
• "The condition of the area at issue was the result of certain various municipal planning decisions, thereby providing the Town of Batavia with immunity from suit and/or liability."
• "Upon information and belief, Plaintiff's alleged injuries and damages were caused in whole or in part by his own negligence, carelessness, or want of care."
• "Plaintiff crashed his vehicle in the Town of Stafford, outside the jurisdictional limits of the Town of Batavia; therefore, Plaintiff fails to state a cause of action upon which relief can be granted against the Town of Batavia." 

The attorneys call upon the court to either dismiss the case entirely or reduce the Plaintiff's damages if any.  The town also asks to recover its attorney fees if it prevails.

The County, Town of Stafford and Town of Elba were all originally named as codefendants, but the action against those agencies was discontinued by stipulation last month.

The Town of Pembroke passed a resolution at its meeting last week supporting a bill authored by Assemblyman Steve Hawley that would allow online-only news sites to publish legal notices.

Currently, any legal notice or public notice, published by an online-only news outlet doesn't meet the statutory requirements for properly letting the public know about a variety of actions taken by public agencies.  There are a number of potential actions by a government agency, such as announcing a public hearing on a specific topic, that must be published in a printed newspaper in order for that statutory requirement to be met.

The resolution passed by the Town Board states:

WHEREAS the Town of Pembroke has had ongoing issues with advertising in the Batavia Daily News and

WHEREAS the Pembroke Town Board believes that Johnson Newspaper Corporation / New York Press Service does not understand the legal ramifications of prompt advertising according to New York State Laws and deadlines and

WHEREAS the Pembroke Town Board believes that it is unfair to only allow for advertising in a printed, paid publication because it limits notices to only those residents that pay for that service; NOW, THEREFORE, BE IT

RESOLVED that the Town Board of the Town of Pembroke supports Assembly Bill A2040 Sponsored by Assemblyman Steve Hawley which would allow for online publication of public notices.

The bill is AB 2067 and changes one of the statutes governing legal notice to read:

§ 40-a. Public notices and publications.  Subject to the provisions of subdivision two of this section and notwithstanding any provision of law to the contrary, in any case in which notice of any fact is required by law to be published or advertised in a newspaper, in addition such requirement shall be satisfied by publication of the notice in an online news publication that:

a. provides general interest news on a daily basis to a defined geographic location; and

b. has been continuously published for at least one year prior to the date of publication of the notice. 1

2. Any publication made pursuant to the terms of this section shall be subject to all requirements and stipulations of publication imposed by law or by order of a court of competent jurisdiction with regard to the notice, with the exception of a requirement that the notice is published in a newspaper.
 

Hawley has introduced his or a similar bill every year for at least a decade. Newspaper owners have lobbied against any change in the law in order to protect their legal notice monopoly. As a result, even with bi-partisan support in some years, the bill has never made it out of the governmental administration committee.

New York's General Construction Law Section 50  currently defines "newspaper" as only a printed publication.  

A change in the law would also allow government agencies to designate online-only publications as the publication of records for the jurisdiction.

St. Paul Lutheran School has been celebrating "School Week" this week.

Events started Sunday, when students sang at the 10 a.m service. 

On Monday, they participated in a Read-A-Thon. Children dressed as book characters.

Tuesday was Planetarium Day at the Williamsville North High School, for K-6. The children were invited to wear "silly socks."  They enjoyed an African Drum Circle at the school.

Wednesday was Pastor's Day, and the children were asked to wear their Sunday Best to school

Today is Agriculture in Education Day and tomorrow is Mancuso Family Bowling Day. 

Submitted information and photos.

A U.S. Magistrate on Wednesday upheld a motion by David Bellavia to remove him as a codefendant in a lawsuit filed by his ex-wife alleging a conspiracy to effect a false arrest by officials in Orleans County in January 2021.

In his ruling, Magistrate Jeremiah J. McCarthy states that Nathan McMurray, the attorney for Deanna King, failed to make the case in his complaint filed with the court that King's arrest in the Town of Ridgeway lacked probable cause.

McCarthy said the complaint lacked the facts necessary to substantiate an arrest without probable cause.

The written opinion is a recommendation by McCarthy to the presiding federal judge, John L. Sinatra, who will issue a final ruling. 

King, according to documents filed in Federal Court, was arrested in January 2021 while she and Bellavia were in the midst of a contested divorce.  The case was eventually sealed by a justice in the Town of Ridgeway, and the final disposition of the case has not been publicly disclosed.

Bellavia, a former Batavia resident, was bestowed the Medal of Honor by President Donald Trump in 2019.  King is a Batavia resident and a broadcast personality in Rochester.

McMurray unsuccessfully ran for Congress three times, seeking a seat that would have included Genesee County. He is currently an attorney associated with Advocates for Justice Chartered Attorneys, based in New York City. He has represented George Maziarz in a lawsuit against Batavia Downs that was eventually dropped. He is also the attorney of record in a lawsuit against the Town of Irondequoit that was recently dismissed. He's reportedly also threatened the Veterans Administration with a lawsuit related to the Route 77 intersection next to the WNY National Cemetery in Pembroke.

In the initial claim written by McMurray on King's behalf, Bellavia is accused of threatening to have King arrested as part of an ongoing communication during their divorce proceedings.  Bellavia was, according to the suit, upset with King because of social media posts.  It alleges that Bellavia "followed through" on his threat by contacting a friend and political ally who works for the major crimes unit of the District Attorney's Office to effect King's arrest.

King claims that Corey Black called her at her home in January 2021 and informed her there was a warrant for her arrest. 

There is no publicly available information on the warrant and which court might have issued it, though the case was handled by the Town of Ridgeway Court. 

In Divorce Court, King and Bellavia were apparently instructed to communicate only about the children using a parenting app called AppClose.

The initial complaint filed by McMurray states:

On January 8. 2021, he (Bellavia) texts, “You are going to get in trouble.” Ms. King never called him, other than her having her son call him after repeated attempts to obtain health insurance information via the parenting application had failed. Accordingly, Ms. King explained on December 31, 2021, “I haven’t called you or had any non-children contact related with you, nor do I have a desire to call you. I only wanted the health insurance information you wouldn’t give.” 

None of the assertions made in the complaint, McCarthy ruled, rise to the level of proof that King was wrongfully arrested and that her civil rights were therefore violated.

"Although King repeatedly alleges that she was arrested and prosecuted without probable cause, she does so only in (a) conclusory fashion," McCarthy wrote. 

Meaning, the magistrate believes McMurray, or King, is concluding that there was no probable cause but doesn't provide sufficient facts to substantiate the claim.

McMurray, via text message, said he disagrees with the magistrate's opinion.

"The court ordered Ms. King to communicate with Mr. Bellavia on a parenting app about the children, which she did," McMurray stated. "Mr. Bellavia, however, continued to harass and threaten her on the app, which is all documented. There was no probable cause to arrest Ms. King, an issue that the court has not ruled on as of yesterday."

McCarthy heard oral arguments in the case on Tuesday and, in his written ruling, was critical of McMurray's presentation and "failure to identify the factual and legal elements of the specific criminal charge against King because the criminal complaint was sealed."

It's unclear from court documents if McMurray or King sought to have her case unsealed, at least for the purpose of providing those documents to McCarthy.  McCarthy indicates the documents were not available to the court and were apparently not reviewed by McMurray.

"How, then, could he allege in good faith that probable cause was lacking?" McCarthy wrote. "By signing the Complaint and proposed Amended Complaint, he certified that 'to the best of [his] knowledge, information, and belief, formed after an inquiry reasonable under the circumstances.”

In making the filing, McCarthy states, McMurray also asserted that  “the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery.”

McMurray, via text message, said he plans to object to the ruling.

"To explain what was actually decided, the judge did not yet resolve whether it was appropriate for an investigator for a district attorney (in a distant county) working in a major felony drug crimes unit — who was not a police officer and just happened to be the friend of the defendant, Mr. Bellavia — arrested a mom because she asked for a health insurance card for her kids. But we will proceed with our efforts to get answers."

Regarding McMurray's assertion of a "distant county," one of the assertions of King's complaint is that authorities in Orleans County did not have jurisdiction in the matter because neither Bellavia nor King lived in Orleans County at the time of the criminal complaint against King.

Bellavia declined to comment on the matter, but a close associate of Bellavia's said that Bellavia has lived in Orleans County consistently since 2015.

Bellavia's attorneys, Donald W. O'Brien, Jr., and William F. Savino, declined to comment for this story.

According to a prior filing by the attorneys, many of the allegations made in King's complaint raise allegations made during the divorce proceeding and should have been kept confidential.  They also sought to seal a memorandum delivered to the court by McMurray that made new allegations that, the attorneys said, were subject to seal as part of the divorce proceedings. Earlier this month, McCarthy declined to redact and seal those portions of King's complaint. The attorneys have the option to reapply for sealing that portion of the suit.

Orleans County, the Orleans County Sheriff's Office, the Orleans County District Attorney's Office, Corey Black, and "Deputy John Doe" are all named codefendants in the lawsuit, and the complaint against those defendants has not been dismissed.  None of those codefendants have filed answers with the court, and McCarthy issued an indefinite stay of their requirement to respond pending further proceedings in the case.

The Alexander Trojans fell to 5-10 in Boys Basketball on Tuesday with a loss to Wheatland-Chili, 60-48.

Dylan Pohl scored 16 points for the Trojans. Trent Woods scored 13 and Paul Schmitt scored eight.

Also in Boys Basketball on Tuesday:

• Notre Dame beat C.G. Finney, 74-68
• Oakfield-Alabama beat Rochester Prep, 61-53
• Pavilion beat Lyndonville, 67-50
• Pembroke beat Cheektowaga 76-75

In Girls Basketball:

• Elba beat Pavilion, 50-39.  Sydney Reilly scored 16 points for the Lancers. She had six assists and six steals. Maddie Hall scored 12 points. Mariah Ognibene had 13 rebounds to go with four points scored and two steals. For Pavilion, Lauren Kingsley scored 18 points and had 20 rebounds. Karlee Zinkievich scored eight points and had five assists. Kylie Conway scored eight points.
• Byron-Bergen lost to Gananda, 48-38.
• Le Roy beat Batavia, 45-40. Corina Dunn scored 17 points and had seven rebounds for Le Roy. Abby Allen scored 15 points. Lindsey Steffenilla had 10 rebounds.

To view or purchase photos, click here. Photos by Steve Ognibene

Christopher R. Scinta is indicted on counts of manslaughter in the second degree, a Class C felony, leaving the scene of a property damage accident, a Class C felony, reckless driving, a Class A misdemeanor, criminal mischief in the fourth degree, a Class A misdemeanor, two counts of obstructing governmental administration, a Class A misdemeanor, obstructing emergency medical personal, a Class misdemeanor, and speeding, a violation. Scinta is accused of causing the death of Jasmyne Rubel at the roundabout in the City of Batavia on Nov. 4. He is accused of leaving the scene of a personal injury accident without notifying police of the accident. He is accused of driving a 2006 Kawasaki in a reckless manner. He's accused of intentionally damaging window blinds in interview room #2 at the Batavia Police Department. He is accused of attempting to interfere with a government official's lawful duty. He is accused of interfering with the medical treatment of Jasmyne Rubel by a qualified first responder. 

Cindy L. Bush is indicted on a felony count of DWI and of aggravated unlicensed operation. Bush is accused of driving drunk on April 24 in the City of Batavia on Ross Street in a 2004 Chevrolet. The indictment alleges a prior conviction within the past 10 years for DWI in February 2015 in the City of Batavia.

David J. Leroy is indicted on a count of criminal possession of a weapon 3rd, a Class D felony. Leroy is accused of knowingly possessing a switchblade knife in the Town of Pembroke on July 25.

Geovanny Lopez is indicated a felony count of DWI, aggravated unlicensed operation in the first degree, a Class E felony, and circumventing an interlock device, a Class A misdemeanor. Lopez is accused of driving a 2009 Ford on the I-490 on Aug. 4 in the Town of Le Roy. The indictment alleges that Lopez was convicted of DWI with the past 10 years, on Dec. 12, 2016, in Yonkers.

Shannon L. Marvin is indicted on a count of grand larceny in the fourth degree, a Class E felony. Marvin is accused of stealing a Discover card belonging to another person in the Town of Bergen during the month of October in 2021.

A winter weather advisory has been issued for Wednesday, starting at 7 a.m. and lasting until 10 p.m.

The National Weather Service anticipates mixed precipitation, changing to mainly light rain by Wednesday evening. 

Total snow accumulation could be 2 to 4 inches.

Wind gusts of 30 mph expected.

Travelers are advised of potentially slippery road conditions.

 

 

A Corfu woman will serve a year of federal probation after admitting to knowingly participating in a fraud scheme perpetrated by an Internet contact who claimed to represent an orphanage in Africa.

Julie Keller, 57, according to the U.S. Attorney's Office, was contacted by an "Eric Holder" in December 2014, who claimed to be raising money for an orphanage in Africa. 

Starting in July 2015 and until September 2020, Keller received money from numerous people who thought they were contributing to the orphanage project.

Keller raised $182,730.76 from the victims.

She deposited the money in bank accounts that she owned and controlled at First Niagara Bank, M&T Bank, KeyBank, and Bank of America before dispersing funds to other banks outside the United States.

During the course of the scheme, each of the banks closed Keller’s accounts, advising her that the accounts were closed due to suspicious and fraudulent activity.

Even though Keller realized during the course of the scheme that she was receiving funds from donors under false pretenses, according to the U.S. Attorney's Office, she "consciously avoided learning the truth, and continued to deposit funds into her accounts from victims."

It's unclear from the U.S. Attorney's Office statement if Keller kept any of the funds for her own personal gain.

She was ordered to pay restitution of $162,853.59 by U.S. District Judge John L. Sinatra, Jr.

After missing installation dinners for two years because of COVID-19, the Corfu Volunteer Fire Department caught up on its annual awards on Saturday night, honoring top firefighters for 2020, 2021, and 2022.

Bruce Fauth, pictured above with Dean Eck and Greg Lang, was recognized for his 50 years of service and named Firefighter of the Year for 2020.

Jim Hale, with Assemblyman Steve Hawley, was recognized as a top responder.

Megan Stiles was named Firefighter of the Year for 2021.

Brian Schollard was named Firefighter of the Year for 2022.

Don Newton, chief of East Pembroke, was named an honorary member of the Corfu department for his hard work and service to the community.

Emergency Management Coordinator Tim Yaeger administered the Oath of Office for the 2023 officers. Greg Lang, chief, Dean Eck, deputy chief, Dan Smith, assistant chief, Tyler Lang and Jim Hale, captains, Megan Stiles and J.T. McCarthy, lieutenants, Dillon Hale, first aid captain, Krista Bellassai, first aid lieutenant, Rob McNally, fire police captain, Matt Lenhard, fire police lieutenant, Justin Rodland, safety officer.  The board for 2023 is Dillon Hale, president, Jacob Stiles, vice president, Jennifer Eck, treasurer, Paula Trapani, secretary, Jayden Eck, sergeant at arms, and trustees, Josh McMartin, Megan Stiles, and Matt Lendard.

Jeremy Ives

Jeremy G. Ives, accused of firing a shotgun and injuring two people on Elm Street last August, maintains his innocence, said his attorney, Joseph Lobosco, after a hearing where Ives rejected a plea offer from the District Attorney's Office.

ADA Will Zickl said under the terms of the offer, the counts against Ives would be reduced to a single count of attempted assault in the first degree, a Class C violent felony.  Ives, who has a prior DWI conviction, would admit to the charge as a second-felony offender.

He would have been facing a possible sentence of five to 15 years.

In September, a grand jury indicted Ives on counts of attempted assault in the first degree, a Class C violent felony, kidnapping in the second degree, a Class B violent felony, criminal use of a firearm in the first degree, a Class B violent felony, two counts of criminal use of a firearm in the second degree, a Class C violent felony, and menacing in the second degree, a Class A misdemeanor.

If convicted at trial, Ives faces a sentence of nine to 25 years in prison.

Today was the plea cutoff date, the date a defendant can accept a negotiated plea offer. In Genesee County, when a defendant rejects a plea offer on the cutoff day, the case is scheduled to go to trial, and the defendant is unlikely to get a second chance to accept the offer.

Judge Melissa Lightcap Cianfrini scheduled jury selection to start March 20, with a week-long trial expected.

She will hear pre-trial motions on Feb. 15.

The trial was originally scheduled to start two weeks earlier, but the DA requested a DNA sample from Ives, which he provided.

Citing the likely delay while the attorneys await lab results and the subsequent investigation of those results, Lobosco petitioned the court to reduce his client's bail.  It's currently $100,000 cash, $200,000 bond, or $500,000 partially secured bond.

He said that the trial is likely to be delayed further because once the DA's office receives the DNA results, the defense has 30 days to have a DNA expert review the report, and if that expert disagrees with the findings of the people's expert, the DA has 30 days to review those findings, meaning the trial could be pushed back, up to 60 days more.

Zickl opposed modifying the securing order since a two-week delay is minimal.  

Cianfrini denied the motion, but "without prejudice," meaning if it looks like the DNA results report could lead to further delays in the trial, Lobosco can make a new petition to the court for a bail reduction.

A motor vehicle accident is reported on the Thruway with injuries at mile maker 393 in the eastbound lane.

Town of Batavia Fire and Mercy EMS dispatched. 

UPDATE 3:44 p.m.: One lane blocked. One patient with a possible leg injury.

It was a white world in Batavia this morning, with snow still clinging to tree branches, piled on the ground and nearly white, overcast skies, including along the Tonawanda Creek behind the County Courthouse.

A partition fire was reported at Lapp Insulator on Gilbert Street in Le Roy, and though the fire is believed to be out, firefighters are detecting heat on the roof.

Le Roy Fire on scene.

Byron and Bergen requested to the scene.

UPDATE 1:31 p.m.: Firefighters believe the fire to be out.