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Makeen Ithna-Asheri

A Batavia man accused of letting his wife die of a drug overdose on New Year's Eve 2021 was sentenced to 2 1/3 to seven years on his manslaughter conviction on Monday.

Makeen Ithna-Asheri, 62, was charged after Anda Ithna-Asheri, 61, was found dead in their apartment at Northside Meadows.

She died of an overdose and Ithna-Asheri did not provide aid.

Their children, ages seven and 10, were present at the time of their mother's death.

District Attorney Kevin Finnell said the sentence was in accordance with a plea deal that was made with Ithna-Asheri in order to spare the children the hardship of testifying at trial.

A Genesee Valley Wind Ensemble concert originally scheduled for November has a new performance date: Jan 22.

The concert begins at 4 p.m. at the Oakfield-Alabama Junior/Senior High School.

Conductor Philip J. Briatico will lead the ensemble through a varied program.

• Ride - Samuel Hazo
• Into Battle- Christopher B. Taylor
• The Lion King - Arr. Calvin Custer
• Foundry - John Mackey
• Selections from the musical: Chicago - Arr. Ted Ricketts
• Selections from the musical: Mama Mia - Roy Phillipe
• National Emblem – E.E. Bagley
• Toccata for Band - Frank Erickson
• Children’s March - Percy Grainger

Tickets: Adult, $10; seniors, $8, students, $5, and children five and under are free.  

 

It was a good day for harness racing at Batavia Downs on Monday. It was cold.  But it was good.

Don Hoover, director of live racing, said that while patrons mostly huddled inside during the races, the turnout for the first night of winter racing at the Downs, in many decades, was strong.

"If you compare this to like Wednesday nights during the season, or regular racing, we have more people here than a typical Wednesday and people seem to be enjoying it," Hoover said.

And they were betting.

"We're only through eight races (at the time of the interview with The Batavian), but the handle looks good," Hoover said. "I'm being optimistic right now because we still have races to go, but our total handle today could surpass any day of last year. It's possible, but it'll definitely be in the top five."

Hoover's prediction proved correct. Total wagers on for the evening were $257,510. That total was over $20,000 higher than any race card of 2022 and the best overall handle at Batavia Downs since 2019 when betting topped $339,000 during the New York Sire Stakes Night of Champions.

The winter meet came about, he said, because the Western New York Harness Horseman's Association came to Batavia Downs and said the Buffalo Raceway said it wasn't going to hold winter meets any longer. 

"They had a raft of cancellations (due to weather) last year," Hoover said.

After some negotiations, Batavia Downs agreed to host two race events each week in January and February. Assuming drivers and trainers can get to the track on a winter's day, Hoover said he thinks Batavia Downs is well-positioned to host the planned events.

"We have a great track crew," Hoover said."We bought some new equipment. We have a different starting gate if needed. So we're hoping that the preventative measures we've taken will overcome the weather unless, you know, if we have blizzard conditions, nothing can overcome a blizzard."

While Batavia has a bit of an advantage over Buffalo in terms of storm impacts, being further from Lake Erie, many of the race participants have to travel from or through the area to get to Batavia.  That could have an impact on races.

"The first time we canceled in November, we were fine here, but the problem was there was a travel ban," Hoover said. "Many of the horsemen come from the Hamburg area, and there would have been no way for them to get here. Kevin Cummings, Jim Morrill, other drivers are coming from that area, so they couldn't get here. So even though we're not Buffalo, and we think the track will be in better shape, because we won't have as extreme weather, we also have to factor in, 'can the participants get here safely?'"

The 15-day session will run through Feb. 27 and operate on a Monday and Thursday schedule. Post time for each race day is set at 3 p.m. 

Hoover is optimistic this winter meet won't be a one-and-done experiment.

"We have to see how it goes and see if it's worthwhile doing it again," Hoover said. "I mean, we're committed for this year, and then we'll, at the end of February, we'll take a look at it and see how it worked out. But if you were going to ask me today how it's working out, I'd say it's working out great."

See also: Stalbaum steals the show in Batavia Downs winter opener

Photos by Howard Owens. 

Bad to the Bone, winner in the eighth.

Back in October, a woman was hit by a vehicle in Alexander, and the injuries were serious.

Two Alexander firefighters arrived quickly on scene, along with EMS Captain Ryan Hinz.

Hinz said he knew it was bad as soon as he arrived on the scene, but it turned out the firefighters, not necessarily trained as medics, were able to step in and assist. 

The firefighters were Paul Hirsch and Patrick Pietrzykowski.

"And I've got to give a ton of credit to these two guys because, by the time the engine got there, we had done everything we could to the point where, when the ambulance pulled up for Mercy (EMS), we put her in, and they were going," Hinz said. "These two guys gave her the best possible chance that they could have."

Hinz awarded Hirsch and Pietrzykowski certificates of appreciation for their efforts at Saturday's installation and awards banquet for the Alexander Volunteer Fire Department.

Other awards that night included firefighter of the year and the chief's award.  Tim Yaeger, Genesee County's emergency management coordinator, also administered the oath of office to the 2023 officers for Alexander.

The department also held a short service to honor firefighters who have departed. 

2023 Firematic Officers:

• Paul Hirsch, chief
• James Burkhardt, deputy chief
• Dean Hendershott, 1st assistant
• Sean McPhee, 2nd assistant
• Thomas Green, 3rd assistant
• Ryan Hinz, EMS captain
• Jenn McPhee, EMS lieutenant
• Anthony Johnson, truck captain
• Nicholas Yackeren, truck lieutenant
• Nathan Fix, training captain
• Matthew Pietrzykowski, training lieutenant
• Marshall Merle, safety officer
• John Meier, parade chairman
• Heidi Richmond, parade co-chairman

Service awards:

25-year members: Thomas Lowe and Tammy Kreutter

Social:

• Brian Anderson - social - 50 years
• James Bouton - social - 50 years
• George Buckenmeyer - social - 70 years
• David Feary Jr - active until 1991 - 40 years
• Charles Hirsch - active until 1997 - 40 years
• Arnold Kirch - active until 1991 - 60 years
• Myron Kirch - active until 1991 - 60 years

Active:

• Martin Hinz - active - 40 years
• William Hirsch Sr. - active - 60 years
• Ralph Robbins - active - 50 years

Ryan Hinz was named Firefighter of the Year

Anthony Johnston received the Chief's Award from retiring chief Marshall Merle for 2022.

The department did not hold an installation and awards dinner in 2022, so Nicholas Yackeren received a belated Chief's Award for 2021.

A car and tractor-trailer accident is reported at Oak and Richmond in the City of Batavia.

Unknown injuries.

City Fire and Mercy EMS dispatched.

UPDATE 10:11 p.m.: The truck driver has a hand injury. No other injuries.

Reader-submitted photo.

Batavia police officers and Batavia firefighters battled for supremacy on the ice on Sunday at the David M. McCarthy Memorial Ice Arena in a first-ever charity game between the two departments.

Batavia PD came out on top, 5-2.

Proceeds benefited the David M. McCarthy Memorial Foundation.

Photos by Philip Casper.

Nicholas Turnquist
2020 File Photo

A 37-year-old man who once lived in Wyoming County and Erie County, and is already facing 13 years in federal prison on a sex crimes conviction, admitted on Friday in County Court to a rape at Darien Lake Theme Park in 2014.

Nicholas Brian Turnquist, who came into court in an orange Alleghany County Jail jumpsuit, accepted a plea offer that doesn't limit his potential prison sentence on the rape in the third-degree conviction but will allow him to serve the sentence at the same time he serves his sentence in federal prison.

A decade ago, Turnquist, who most recently lived in West Falls, reportedly engaged in sexual activity with a minor in multiple jurisdictions, including Genesee County, Wyoming County, Erie County, Pennsylvania and Canada.

He was indicted by a grand jury on counts of rape in the third degree, a Class E felony, and sexual abuse in the first degree, a Class D violent felony, in connection with a crime in Darien on Aug. 23, 2014.  He was arrested locally in 2020 following an investigation by Howard Carlson of the Genesee County Sheriff's Office.

He was also charged with predatory sexual assault of a child and second-degree rape in Wyoming County.  That case went to trial, but the charges were dismissed halfway through the trial based on conflicting statements made by the victim during her testimony.  The statements related to the timeline of events, which had bearing on her age -- and hence the nature of the criminal charges under New York's penal code -- at the time of the rapes.

The course of rapes involving a single victim started in 2012, when the victim was 14, according to prosecutors, and continue for at least two more years.

Turnquist was sentenced in federal court in November following his conviction for transportation and attempted transportation of a minor with the intent to engage in criminal sexual activity.  He will be on parole for 15 years following his federal prison term.

Robert L. Williams, found guilty in a jury trial of animal cruelty, will spend six months in jail followed by five years on probation, and during that time, he is to have no contact whatsoever with any animal, Judge Melissa Lightcap Cianfrini ruled on Friday.

"You, sir, are in need of significant supervision," Cianfrini said. "I don't trust you around animals." 

She told him, "no dog sitting" and that he wasn't even to go over to a neighbor's house "to pet the dogs."

The evidence presented at trial, recounted during Friday's hearing, is that Williams was at another person's house, and there were two dogs in crates there, and Williams poured bleach into the eyes of the dogs. 

Both dogs required medical treatment, and both dogs fully recovered, though Assistant District Attorney Robert Zickl noted, "there's no vision test for a dog."

Williams was convicted under New York's Ags and Market Law, and while the counts are felonies, the maximum sentence on each count is two years.  The terms could have been served consecutively.

Cianfrini said she struggled with the decision because what Williams did was reprehensible.  However, in another pending case, where dogs were left in cages to potentially die -- and one of them had to be euthanized -- the defendants accepted plea offers that could mean they avoid any jail time.

The sentence Cianfrini handed down, she said, "significantly punishes you and ensures society that you're not going to be around animals and will not own animals and not have contact with animals for a long time."

The dogs belonged to the girlfriend of a person Williams was living with at the time of the incident.  Williams paid $158 in restitution for veterinary bills.

Cianfrini also ordered Williams to undergo a mental health evaluation and abide by any recommendations for treatment.

Any deviation by Williams from the term of his probation, Cianfrini said, would carry harsh consequences.

Zickl argued for the maximum jail term -- and even though animal cruelty is a felony and carries a maximum of more than a year, the sentence cannot be served in prison -- because of the depraved nature of the crime. 

"His conduct was absolutely pointless and cruel," Zickl said.

Zickl said there is an incident report filed by Le Roy PD prior to this incident that also contained an allegation that Williams poured bleach into a dog's eyes.  In that case, the owner declined prosecution once the dog quickly recovered.

The ADA said Williams should be removed from the community for as long as possible.

Fred Rarick, representing Williams, called the Le Roy report "hearsay" and encouraged Cianfrini not to consider it in her decision.

He provided Cianfrini with about a dozen letters from community members in support of Williams that described Williams as a good person who treated animals well (which led to Zickl, when he next got an opportunity to speak, to say that if the Le Roy report was hearsay, so were the letters).

Rarick said his client, "accepts the verdict of the jury though he respectfully disagrees with the verdict," and while not discounting the harm done to the dogs, they did recover. 

His client, he said, sought a probationary sentence because he loves his daughter dearly and wants to be able to care for her.

"Given the opportunity, he has shown he has the ability to comply with any court orders," Rarick said. "The record shows he will do so and that he is an asset to other people."

When Williams addressed the court, he "respectfully" requested to be placed on probation, noting that he had no other criminal history, no domestic violence charges, that he's abided by the terms of court orders during his divorce proceedings, and that he wants to be able to continue to work so he can take care of his daughter.

At the end of the hearing, Williams was handcuffed and taken to the Genesee County Jail to begin his six-month term.

It's part of Notre Dame's mission statement for the students, faculty, and staff to help others, and Principal Wade Bianco said on Friday evening to see the school come together to raise $486 for The Chasing M's Foundation, a charity set up by Damar Hamlin.

Hamlin is a second-year defensive back with the Buffalo Bills who went into cardiac arrest during the Bills' game against the Bengals in Cincinnati on Monday night.

CPR was performed on Hamlin, and he was transported to a Cincinnati hospital, where he was initially listed in critical condition.  He is recovering well, according to news reports.

But his plight drew attention to his charity, and the folks at Notre Dame wanted to join forces, and express support for Hamlin, the Bills, and the community.

Kristen Gomez and Kate Edwards helped organize Friday's fundraiser, Bianco said.

It was "Wear Blue and Red Day."  For a $2 donation, students could ditch their school uniforms for the day and wear the colors of the Buffalo Bills.  Their donations were supplemented, Bianco said, by donations from faculty, staff, and alumni for usually more than $5 and $10 each.

There are currently 230 students enrolled at Notre Dame.

That afternoon, the whole school gathered and formed a #3 in honor of Hamlin for a school photo.

"The whole idea was to honor #3 and to honor Buffalo," Bianco said. "We wanted to say, 'we love you. We pray for you. And we're going to support you to the best of our ability.'"

Bianco said he was proud to see everybody come together and "do what's right."

"Doing what’s right is a big sell, especially nowadays, when a lot of people don’t want to do what’s right," Bianco said.

The $486 from Notre Dame is now part of more than $8 million that has been raised through Hamlin's GoFundMe page, with donations pouring in from all over the country.  The money is used for toy drives, back-to-school drives, kids camps, and more, according to a statement on the page. The 24-year-old player is from McKees Rocks, Pa.

"How fortunate we are to live in a community that cares about each other and extends our care beyond our city limits to the entire Western New York community," Bianco said.

Submitted photo.

 

Caitlin Ryan, with 25 points and eight rebounds, helped lead Oakfield-Alabama to a 56-53 win over Elba on Elba's home court in Girls Basketball on Thursday night.

MacKena Reding added 10 points and seven assists and Alea Groff scored nine, for O-A, while Brooke Reding and Emma Ray added five a piece. 

For the Landers, Sydney Reilly scored 21 points, six rebounds, three assists, and three steals. Halie Scouten scored 15 points and snagged 14 rebounds. She also blocked five shots.  Lydia Ross scored nine points.

The Hornets are now 8-1 and Elba drops to 2-6.

Photos by Kristin Smith.

Thursday's Rotary Girls Basketball Tournament championship game was everything hoops fans could hope for -- timely shooting, aggressive defensive, top players playing hard, and a final outcome that wasn't certain until the buzzer at the end.

Notre Dame beat Pavilion 44-43.

"It's been a while since we've had a nail-biter like that," said Tom McCulley, head coach of the Fighting Irish. "You've got two good teams that are well coached and with some players that can do special things and who are competitors, so at the end, you know you never feel comfortable as a coach with a two-point lead with 10 seconds left. It's never over in that situation."

Avelin Tomidy won the tournament's Ray Shirtz Service over Self Award, and the two free throws she made with eight seconds left may have swayed a few judge's votes.  Those free throws gave Notre Dame a four-point lead. If she missed either shot, it may have been a different game. Karlee Zinkievich, who was already having a big night and a bigger second half, hit a three-point shot with four seconds left. The Gophers were out of position to foul to stop the clock on Notre Dame's inbound pass eliminating any hope, how small it might have been, of getting another possession.

"It makes it exciting for the fans and the players and gets my heart pumping a little bit," McCulley said.

Pavilion's head coach Ben Schwenebraten would like to have notched the win, of course, but it was an exciting game.

"We knew it would be tough playing against Notre Dame," he said. "Notre Dame is in our class this year, and they're really tough, so it's a good game. It came right down the end, and we had a chance it just didn't go our way a couple of shots. We missed a couple of shots, missed a couple of box outs, and they finished, so it was a good game."

Schwenebraten said he was proud of how his team overcame a 10-point half-time deficit.

"It's all you hoped for in a game, that you have a chance at the end," Schwenebraten said. "We wanted to battle back and be in the game, and the girls did go right back out in the third quarter and played hard and then we had a chance at the end."

A big reason Pavilion had that chance was the play of Karlee Zinkievich in the second half, who played fearless basketball.

"She's a workhorse," Schwenebraten said. "She drives the bus for us. Once she gets going it helps everybody else out and she really did in the second half. She played great. She was attacking on offense, driving to the basket, taking jump shots, and she made that shot at the end of the game."

The difference maker for Notre Dame on Thursday was Emma Sisson, who was named the tournament MVP.  

"We needed her," Tom McCulley said. "Amelia had a big night the other night, but she's been sick, and it really hit her today. Emma had the opportunities, and she took full advantage of them. I mean, she made big shots, and she drove to the basket, so we started to adjust the game plan a little bit because we couldn't run everything that we needed to run because another one of our starters was out sick. We kind of had to go a little bit vanilla tonight and just run some basic stuff. Emma did a really good job of freelancing and getting to the basket and getting us some big layups at some big times."

Notre Dame is now 7-1 and Pavilion is 6-2.

Notre Dame scoring: 

• Emma Sisson, 23 point
• Amelia McCulley, 10 points and four rebounds and four steals
• Avelin Tomidy, eight points, nine rebounds and nine steals

Pavilion scoring:

• Lauren Kingsley, 16 points
• Karlee Zinkievich, 15 points
• Kylie Conway, eight points

In the consolation game earlier in the evening, Pembroke beat Batavia 45-41.  

Pembroke scoring:

• Karli Houseknecht: 13 points, 4 assists, 5 rebounds, 2 steals
• Elle Peterson: 11 points, 7 rebounds, 1 assist, 4 steals
• Olivia Breeden: 8 points, 1 assist, 4 rebounds, 3 steals

Photos by Howard Owens.  For more, or to purchase prints, click here.

Emma Sisson was named tournament MVP. The all-tournment team was Anna Varland, Batavia, Karli Houseknecht, Pembroke, Amelia McCulley, Notre Dame, Lauren Kingslee, Pavilion, and Karlee Zinkievich, Pavilion. Avelin Tomidy received the Ray Shirtz Service Above Self Award.

Batavia Notre Dame United captures the David McCarthy Memorial Hockey Tournament with a 6-5 victory over Section VI powerhouse Niagara Wheatfield.  

United found themselves in unfamiliar territory early in the second period trailing 3-1.

“We were playing well. We just needed to stick with it and stay positive," said Head Coach Marc Staley. "They are a great team. We knew this would be a battle.”

BND rattled off four goals in the second period, flipping the lead in the game from down by one to up by one.

“Our PowerPlay has been so strong this year," Staley said. "They took a few undisciplined penalties and made them pay”

BND went 4-6 on the PowerPlay during the game.

BND was only called for three minor penalties in the game and outshot NW 41-22.  

"This was a great night for the program," Staley said. "Winning your home tournament is always fun, but beating one of Section VI’s top teams in the meantime gives a nice confidence boost moving forward”

Now onto the next challenge.

Next, United takes on 2022 Section V Class A Champion Victor (7-1) on Friday night at the Rochester Ice Center.  

“This is the schedule we want," Staley said. "We want to play the top teams and see how we stack up.  Taking care of Bethlehem (8-0) from Section II, now beating Niagara Wheatfield (7-1-1) from Section VI, now another huge test with Section V’s best, Victor.

“The kids are hungry," he added. "They are focused.  And I love that they aren’t content.  We are still getting better.  I know we have another level up from here.  Our biggest tests are still in front of us.  We are building nicely towards those games”

Photos by Erin Staley.

Raul S. Cruz is indicted on two counts of promoting prison contraband in the first degree, a Class D felony, and one count of promoting prison contraband in the second degree, a Class A misdemeanor. Cruz is accused of possessing dangerous prison contraband, a shank, while incarcerated at the Genesee County Jail on Oct.  14.  He is also accused of a long plastic housing for a Bic-type pen.

name redacted upon request is indicted on counts of aggravated unlicensed operation in the first degree, a Class E felony, and DWI. Klauck is accused of driving a 2001 Toyota on July 31 in the Town of Stafford while holding a conditional license. She is accused of being intoxicated while driving.

I forgot to post this on Jan. 1, but here are the ten most viewed stories on The Batavian in 2022.

• Actor and business owner Wendy Williams passes, press release
• Ground shifts under Pembroke family home, forced to evacuate with help of volunteer firefighters, by Howard Owens
• Homicide investigation underway at dairy farm in Alexander, by Howard Owens
• U of R Medical Center to temporarily halt services in Batavia, by Joanne Beck
• Batavia man wins $1 million with lottery scratcher, press release
• Genesee County travel ban to be partially lifted at noon, press release
• With an agreement to buy O'Lacy's in hand, Christiano promises continuation of the Irish pub theme, by Mike Pettinella
• Pavilion campground venture merges entrepreneurship with family values, by Joanne Beck
• Citizen alerts police to suspicious activity, two men accused of trying to steal heavy equipment, by Howard Owens
• Genesee County declares State of Emergency, institutes travel ban, press release

The Batavian was visited by users more than 5.7 million times in 2022, and the site received 9,639,357 page views.  

Thank you for your continued support of The Batavian.

A Buffalo-based attorney who has represented local residents in criminal cases, including a former Batavia High School basketball star he helped win acquittal in a jury trial, has been suspended from practicing law for three years.

Frank T. Housh was suspended by the Fourth Judicial Department of New York for misconduct, mishandling of client funds, neglecting clients, and engaging in conduct involving dishonesty and deceit.  

All of the cases involve clients retained in civil matters, not criminal cases, and the clients are not identified in the court's written, seven-page ruling (pdf), so it's unclear where the clients may reside.

Attempts to contact Housh for comment were unsuccessful.

The cases involving misconduct go as far back as 2015 and include misuse of retainer payments, failure to inform clients of case progress, not following through on promises to clients, including not filing cases against defendants, and even apparently falling for another party's attempt to fraudulently obtain a client's lawsuit settlement funds.

The court found, among other findings, that Housh: 

• In July 2017, he took a $2,500 retainer and co-mingled it with his law firm's operating funds and did not file the complaint as promised, and then tried to bill the client for additional hours;
• In January 2016, took a $2,500 retainer and co-mingled the funds, then failed to consult with the client on the case and failed to follow through on the case;
• In August 2015, took funds and did not communicate adequately with the client or follow through on the case;
• In February 2017, he was retained in a case where a child had been suspended from school for 35 days and then did not communicate with the client or follow through on efforts to reduce the suspension until after the 35 days had passed and then promised to take further legal proceedings but did not;
• In March 2016, he agreed to represent a family in a bullying case and then failed to respond to his client's numerous inquiries about the case and later led the client to believe a lawsuit and been filed, but he did not file a lawsuit;
• In June 2016, he agreed to assist parents with a special needs child, but after getting no help from Housh, the family obtained its own educational support;
• The oddest assertion is that Housh transferred $137,800 of settlement funds to an LLC without confirming the LLC was associated with his client.

Housh was suspended following a legal process that began with a Grievance Committee receiving multiple complaints about the attorney's conduct.  The committee filed a petition with the court outlining 10 complaints, which Housh denied. The court appointed a referee to investigate and hold a hearing, but then the parties agreed on a stipulation upholding many of the factual allegations.  The hearing focused on unresolved issues and Housh's assertion -- the potential mitigating factor of his conduct -- that he suffered from mental health issues during this period.

The referee concluded that any mental health issues were unrelated to the misconduct and that Housh did not act with "venal intent." 

The court disagreed with the referee's conclusion as to the attorney's intent.

 The ruling concludes:

Indeed, although we commend respondent (Housh) for seeking mental health treatment, we agree with the Referee that respondent failed to establish that the misconduct at issue in this case was caused by mental health issues. We disaffirm, however, the Referee’s advisory finding that respondent did not act with venal intent inasmuch as the record establishes that respondent engaged in an extensive course of misconduct that resulted in harm or prejudice to several clients and that was, at times, deceitful and knowingly in favor of respondent’s personal interests at the expense of the interests of his clients and his professional obligations as a lawyer. We further agree with the Referee’s finding that, during respondent’s hearing testimony, respondent often became evasive when questioned about circumstances surrounding the alleged misconduct and his own culpability for the misconduct, which in our view, demonstrates respondent’s lack of remorse or inability to acknowledge the extent of his wrongdoing.

Housh represented Antwan Odom, of Batavia, in 2019 after Odom, then 18, was charged with attempted assault, and criminal possession of a weapon, 4th following a dispute with a former teammate.

Odom was acquitted in a trial that was as colorful as Housh's singular sartorial style. Housh frequently clashed with then-District Attorney Lawrence Friedman, even seeking to have Friedman disqualified from prosecuting the case. Housh's potentially prejudicial statements to reporters early in the case led to then-Judge Charles Zambito instituting a gag order, which The Batavian successfully challenged.

The two attorneys also tangled during jury selection, and then, on another occasion, Housh suggested Friedman was involved in inappropriate communications with the judge.

Housh was representing criminal defendants in Genesee County just prior to his suspension. The Batavian does not have information immediately available on those cases.

Photo: File photo of Frank Housh by Howard Owens

Pavilion improved to 6-1 on the season with a 49-35 win over Batavia in a first-round game of the 33rd Annual Batavia Rotary Club Basketball Tournament.

Karlee Zinkievich scored 22 points for the Gophers. Lauren Kingsley scored 17.

For Batavia, Anna Varland and Jaimin Macdonald scored 11 points each.

It was the eighth loss for the Blue Devils this season.

Pavilion faces Notre Dame in the tournament's championship game on Thursday at GCC at 7:45 p.m.

To view or purchase photos, click here.

Photo by Steve Ognibene

Amelia McCulley scored 31 points to lead Notre Dame to a 62-19 win over Pembroke in a first-round game of the 33rd Annual Batavia Rotary Club Basketball Tournament at GCC on Tuesday.

Emma Sisson scored 14 points for the Irish, and Avelin Tomidy scored eight. Sisson also had ten rebounds and five steals. Tomidy had 11 rebounds and six assists. 

Olvia Breeden scored eight points for the Dragons.

Notre Dame will play in the championship game at 7:45 p.m. on Thursday at GCC.

To view or purchase photos, click here.

Photo by Steve Ognibene

"Brad Pitt" can finally move into a new forever home after his former owners accepted plea deals in County Court today that include them surrendering ownership of the dog, who was found abandoned and feces-covered in an apartment in May.

"Brad Pitt" is the name given to the male pit bull after he was brought into the shelter. His female companion was in such poor health after being abandoned in Apt. 60, 337 Bank St., Batavia, that she had to be euthanized.

The two dogs had apparently been bred and then left in cages without food in the apartment by  Andrew A. Searight, 35, and Jerrtonia A. Scarbrough, 24.  By the time they were discovered, they were both near death.

Under terms of the plea agreement offered by District Attorney Kevin Finnell, Searight and Scarbrough entered guilty pleas to two counts of cruelty to animals under Ag and Markets Law in exchange for a one-year term of interim probation.  They must abide by all the terms of probation and perform 150 hours of community service.

If they successfully complete the program, they can return to court in December and plead guilty to misdemeanor charges, at which time they can be sentenced again to either a term of probation or up to a year in jail on each charge.

Legally, they cannot be prevented from ever owning animals again, but under the terms of the agreement, they will not be allowed to own animals while under the court's supervision.

Finnell said he thought Searight should be required to serve his community service in an animal shelter so that he might better understand the trauma to animals when they're mistreated, but he said he understood that shelters might be reluctant to take him on as a volunteer given his conviction.  

Judge Melissa Lightcap Cianfrini concurred but said whatever community service Searight takes on, he is to inform her and get her approval before proceeding.

She said she personally wanted to closely monitor his probation and community service.

Searight and Scarbrough came into court together with an infant in a carrier.  They now live in Niagara County, and their terms of probation will be supervised by Niagara County's probation department, but their community service will be monitored by Genesee Justice.

Searight admitted in court that he abandoned the dogs and failed to provide proper sustenance and care, leading to the death of one of the dogs.  He agreed to pay restitution for the medical care and shelter of the male dog.

Photo: File photo of "Brad Pitt" by Howard Owens.

The Batavia Rotary Club hosts its 33rd Girls Basketball tournament at GCC starting tonight with games between Notre Dame and Pembroke and Batavia and Pavilion, with the championship game scheduled for Thursday.

The club held its tipoff luncheon today, introducing the teams at the Arc GLOW facility on Woodrow Road in Batavia.

Notre Dame is aiming to repeat its championship of a year ago, and Head Coach Tom McCulley complimented the Rotary Club on the quality of its tournament.

"This is a great, a great thing you guys put together," McCulley said. "I mean, I know a lot of teams really wanted to get in this tournament, and it's because of this environment and what you guys do, not just the one night or two days at the college, but you're out here for sports. It's a well-run tournament. From the concessions to the award ceremonies to the games to the timing, everything is top notch."

Game one tonight is Notre Dame vs. Pembroke at 6 p.m. Batavia faces Pavilion at 7:45 p.m.  The championship is at 7:45 p.m. Thursday.

Top photo: Karlee Zinkievich, Pavilion, Karli Houseknecht, Pavilion, and Amelia McCulley, Notre Dame (Batavia's team was unable to attend the luncheon).

Photos by Howard Owens.

Note Dame: Tom McCulley, Avelin Tomidy, Maggie Monachino, Maylee Green, Emma Sisson, and Amelia McCulley.

Pembroke: (from right) Head Coach Jamie Johnson, Karli Houseknecht, Isabel Breeden, Elle Peterson, and Assistant Coach Aralyse Johnson

Pavilion: Head Coach Ben Schwenebraten, Lauren Kingsley, and Karlee Zinkievich.

Genesee County's smallest volunteer fire department shouldered a big burden during the pre-Christmas blizzard that blew through Genesee County a week ago, providing rest, warmth and food to about 60 people stranded in the area by the storm.

The Indian Falls Volunteer Fire Department has 12 members, but only six could muster the storm response because the rest were trapped in their homes by heavy snow.

For Chief Ed Mileham, the department's response began Friday morning, Dec. 23, when the dispatchers informed him that deputies had rescued two people and wanted to bring them to the Indian Falls Fire Hall to provide them shelter.

Sure, Mileham said, he would be to the hall in 20 minutes.

But getting there wasn't that easy. The storm was already blowing through the area and the passage from his home on Indian Falls Road to the fire hall on Route 77 was already covered in snow drifts.  It took close to half an hour for him to make the trip.

At 2 p.m., a couple more people arrived, then a few more, then a few more. 

"After a couple more people arrived, I called Lu (Lu Anne Mileham) and said, 'hey, can you put out a message to anyone available?'" Mileham said.

Dave Olsen said he couldn't get out of his yard, but Mileham spoke with another resident who had a snowplow, and he went and cleared a path for Olsen and his son Max.

With Max Olsen on board, the department could start participating in some rescues. 

"I started to get actual phone calls here at the Fire Hall," Mileham said. "'Hey, we're stuck here. We're stuck there.' Max went out, picked them up and brought them in. By five o'clock, I think we had 12 people here. By six o'clock, I called Lu and I said, 'Hey, can you do some sloppy joes up?' I said. 'I got 12 people down here,' but the time she got done making sloppy joes and I sent Max down to pick them up, and it was seven o'clock, and we had 20 people."

By midnight, the count was up to 40 people, and by Saturday morning, it was 60.

And it was quite a mix of people -- a group of young Asians, a couple from Munich, a couple from Poland, folks from California going to Niagara Falls, an ER doctor returning from work in Rochester to his home in Williamsville.  There were people from New Jersey, Pennsylvania, Ohio, Canada, and Maryland.

"It was a large number of people that were either coming from or going to Canada," Max said. "I think that might have been like a GPS thing. It wasn't the whole crowd by any means, but there was a definite consistency that they were all using their GPS, and it kept closing roads and redirecting them, so like, it seemed they kind of almost got funneled into this area."

The Indian Falls response to this influx of people was handled by Ed Mileham, Lu Anne Mileham, Dave Olsen, Max Olsen, Matt Delre, and Randy Filter.

The leadership came from Mileham, and Dave Olsen gives him all the credit for keeping things in order.

"We got a lot of comments that (the situation) was handled, probably, as best as it possibly could be," Olsen said. "With some of the people, they complimented the chief quite a bit for his professionalism and the way he kept everything in order and had a plan and kept things written down. You know, he had an organization. He thought ahead. He thought about getting the food and things that, Most of us were just thinking about, 'Oh, what's the next fresh hell is that this storm is going to bring?'"

No serious issues
In Oakfield, volunteers were called upon to deal with a couple of hypothermia cases that were very serious. Indian Falls was spared any dire medical cases but there was a woman who arrived at the hall from Oakfield. She has epilepsy and had left home without her medication. It had been more than eight years since she'd had a seizure.  After several hours, she informed Mileham that she was getting a headache, so he arranged for one of the convoys that were sweeping the area to pick up stranded motorists to transport her back to Oakfield.

Then there was the guy who showed up in a kevlar vest packing a sidearm.

It turns out he is private security for a company in Rochester.

"He walked in, and there were like five deputies, and one was Joe Graff (the chief deputy of investigations)," Mileham said. "He comes walking in. He's got his bulletproof vest on. He's got his pistol on. It's like two o'clock in the morning. 'Whoa, wait, who are you? Let's see your permit.' Had no ID. No wallet. Nothing."

He had left his wallet in his car.

The deputies took his vest and gun and secured it, and told him he could pick it up Monday at the Sheriff's Office.

"The guy said, 'Hey, I've got no problem with it. I'll see you Monday or Tuesday.'"

That level of cooperation was apparent throughout the two days folks were stranded at the Indian Falls Fire Hall, Mileham said.  People just got along and cooperated.  

The first night's sleeping arrangements weren't ideal. Since the number of travelers coming through the area was unexpected, Indian Falls wasn't quite prepared to host 60 people.  There were no cots or blankets on hand.

Fortunately, the hall's floor is heated.

"Everybody said that, once they got laid on the floor, they were pretty warm and comfortable," Mileham said.

The Red Cross delivered cots and blankets on Saturday so the second night at the shelter was a bit more comfortable.

Feeding sixty unexpected guests
The hard part was food.

Lu Anne Mileham hadn't exactly prepared to feed 60 travelers, but with the storm coming, she had stocked up in case she needed to feed department members.

"On Wednesday or Thursday, I happened to be at BJs and I thought, you know what, I'll pick up a couple of loaves of bread, some chips, some lunch meat and stuff," Lu Anne said. "I'm thinking if our guys get caught here, at least we'll have that, and we've got water and soda in the fridge, so but at least they'll have something to eat a little bit."

She also had some supplies at home, and with some kids in the hall, a couple of boxes of mac and cheese came in handy.

On Saturday morning, Mileham contacted Crosby's in Corfu and ordered six sheets of breakfast pizza.

Later that day, he ordered pizza from a new pizza shop in Corfu, and by then, he was aware that some of the Indians in the group were vegans, so he had to get some meatless options.  One guy wanted a white sauce pizza, too, so Mileham ordered a pizza with white sauce.

The one difficulty Mileham couldn't solve for one of his department's guests was getting the Buffalo Bills game on the TV.  Spectrum was out of service during the storm.

"He goes, 'really?' I go, 'Hey, I'm with you. If you can get it on your phone, great."

When The Batavian told Tim Yaeger, Genesee County's emergency management coordinator, that we were doing a story about the storm response of the Indian Falls Volunteer Fire Department, he texted back immediately, "Ed and Lu Anne Mileham specifically are truly amazing people.  From working the COVID vaccination site at GCC to covering calls in the West Battalion on a daily basis, we would be lost and in trouble without them."

It turns out, so would have been a bunch of people from throughout North America and Europe on Dec. 23 and 24 when Winter Storm Elliott hit Western New York.

See previously: 'Fast Eddy' hangs up badge after 32 years of police work

Top photo: By Howard Owens, of Max Oslen, Dave Olsen, Lu Anne Mileham, and Ed Mileham.

Photos below, courtesy of Ed Mileham.