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.
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:
Pavilion scoring:
In the consolation game earlier in the evening, Pembroke beat Batavia 45-41.
Pembroke scoring:
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.
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:
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.
Jose A. Rivera, 36, of Batavia, is charged with criminal contempt 1st, attempted promoting prison contraband 1st, and Ida M. Vanorden, 36, of Swan Street, Batavia, is charged with conspiracy 5th. Rivera and Vandorden are accused of conspiracy along with an unknown male, to introduce contraband into the Genesee County Jail. The contraband was intercepted by corrections officers on Dec. 26. Rivera is accused of violating a stay-away order of protection. Both Rivera and Vanorden were issued appearance tickets. The investigation is ongoing, and deputies are attempting to identify the third suspect. Any person who may have additional information are requested to contact Deputy Nicholas Charmoun at (585) 345-3000, ext. 3258
Ledeja K. Wright, 32, of Maple Street, Batavia, is charged with torture/injure animal/fail to provide sustenance. Wright is accused of leaving a dog in an apartment after moving out and failing to provide sustenance to the animal. The incident was reported Nov. 30. Wright was arrested Dec. 15. She was arraigned in City Court and released. The dog is at the Animal Shelter.
Vicki Lynne Manns, 52, of Brookville Road, Alexander, is charged with menacing 2nd, criminal possession of a weapon 4th, assault 3rd, and harassment 2nd. Manns is accused of throwing a tray at a person, causing an injury. She is also accused of pointing a firearm at the same person. She was issued an appearance ticket.Robert L. Drennen is charged with criminal mischief 3rd. Drennen is accused of causing damage to a residence in the City of Batavia on Dec. 23. He was released on an appearance ticket.
Julie R. Richardson, 31, of Batavia, is charged with grand larceny 4th, petit larceny, conspiracy 5th and tampering with evidence. Richardson is accused of stealing from a vehicle on South Main Street, Batavia, on Nov. 16. Richardson was arrested after an investigation by Officer Nicole McGinnis.
Andrew A. Crimes, 50, of West Main Street Road, Batavia, is charged with criminal contempt 1st and aggravated family offense. Crimes is accused of violating an order of protection by contacting the protected party on Dec. 9. He was arraigned in City Court and released.
Deanna L. Yox, 37, of Clifford Street, Buffalo, is charged with petit larceny. Yox is accused of stealing from a business in Batavia in February 2020. She was arrested Dec. 21 following an investigation by officers Felicia Martinez and Wesley Rissinger. Yox was released on an appearance ticket.
Malinda J. Falk, 41, of East Main Street, Batavia, is charged with harassment 2nd and criminal obstruction of breathing/blood circulation. Falk is accused of attacking another individual on Dec. 17 at a location on East Main Street, Batavia. Falk was arraigned in City Court and released on her own recognizance.
David L. Weaver, 32, of Atlanta, Illinois, is charged with harassment 2nd. Weaver is accused of striking another person during a disturbance on Dec. 10. He was released on an appearance ticket.
Dustin T. Forkell, 31, of Holley, is charged with petit larceny and false impersonation. Forkell is accused of stealing property from a local business on Dec. 11 and fleeing. He was located at another business in the Town of Batavia, at which time he allegedly provided a false name to officers. He was arrested, processed at Batavia PD, and issued an appearance ticket. The incident was investigated by officers Wesly Rissinger and Megan Crossett
An 18-year-old of Washington Avenue, Batavia, is charged with assault 3rd and criminal mischief. An 18-year-old resident is accused of attacking another person on Dec. 14 with an iPad, causing an injury. The youth was arraigned in City Court and released.
Brittanee J. Hooten, of State Street, in Batavia, was arrested on two bench warrants after having failed to appear on an appearance ticket on prior arrests. Hooten was arraigned on Dec. 14 in City Court and released.
Karrie A. Morrow, 40, of Summit Street, Batavia, was arrested on several outstanding Bench Warrants. Morrow was arrested on Dec. 14 after she was located during an unrelated incident. The warrants stem from several petit larceny cases at local businesses. Morrow was arraigned in City Court and released under supervision.
Jeffrey M. VanEpps, 45, of Albion, is charged with criminal mischief and attempted assault 3rd. VanEpps was allegedly involved in a disturbance at a business on West Main Street on Dec. 14. He was arraigned in City Court and released.
Jacob A. Richards, 34, of Rochester, is charged with possession of a forged instrument 1st and grand larceny 4th. Richards allegedly passed a forged check at a local bank. He was arraigned in City Court and ordered held on bail.
Terrance L. Falk, 24, of North Street, Batavia, is charged with criminal mischief 4th and assault 3rd. Falk was allegedly involved in a disturbance on an unspecified date in the City of Batavia. After initially fleeing the scene, according to police, he was located and taken into custody without incident. He was arraigned in City Court and released on his own recognizance.
Byron K. Bell, 53, of Rochester, is charged with criminal possession of stolen property 3rd, aggravated unlicensed operation 3rd and speeding. Bell was stopped on Dec. 11 in the City of Batavia by Officer Josh Girvin and Officer Bryan Moscicki. Bell was allegedly driving a stolen vehicle while on a suspended license. He was arraigned in City Court and jailed.
Harry R. Silliman, 58, of Batavia, is charged with trespass. Silliman was allegedly on property on Maple Street without permission. He was arrested and issued an appearance ticket.
Zakara R. Jackson, age 19, of Trumbull Parkway, Batavia, is charged with bail jumping 2nd and failure to appear. Jackson was arrested on a warrant on Dec. 8 He was arraigned in City Court and released under supervision.
Daquan J. Butler, 26, of Ross Street, Batavia, is charged with petit larceny. Butler is accused of stealing an iPhone 13 from another person on Ross Street on Dec. 3. He was arraigned in City Court and released.
Raymond Lunday Kelley, of Oak Street, Batavia, is charged with a false written statement. Kelley allegedly provided law enforcement with a false written statement related to an incident reported at Batavia Downs at 11:59 p.m., Dec. 16. He was released on an appearance ticket.
Douglas Wayne Logsdon, 74, of Big Tree Road, Pavilion, is charged with endangering the welfare of a child and harassment 2nd. Logsdon allegedly threw items at a person while a child was present during an incident reported at 5:41 p.m., Dec. 16 at a location on Big Tree Road, Pavilion. Logsdon was arraigned in Town of Pavilion Court and released.
Rachel B. Solomon, 30, of North Lake Road, Pembroke, is charged with criminal contempt 2nd and harassment 2nd. Solomon is accused of violating an order of protection by harassing an individual at 1 p.m. on Dec. 22. She was arraigned in Town of Pembroke Court and ordered held without bail. Solomon is also charged with aggravated criminal contempt, assault 3rd, and endangering the welfare of a child. The charges stem from an incident reported at 2:45 a.m., Jan. 2, at a location on Meadville Road, Tonawanda Indian Reservation. Solomon was jailed pending arraignment.
Joseph Michael Morelli, 54, of Orchard Street, Oakfield, is charged with DWI and driving with a BAC of .08 or greater. Morelli was allegedly found to be intoxicated at 2:02 p.m., Dec. 14, while at the Genesee County Probation Department on Main Street, Batavia, and arrested by Deputy Jonathan Dimming. Morelli was released to a third party on an appearance ticket.
Adam Joseph Pape, 35, of Morrow Road, Pavilion, is charged with felony DWI, felony driving with a BAC of .08 or greater, aggravated unlicensed operation, driving without an interlock device, and drinking alcohol in a motor vehicle on a public highway. Pape was stopped at 8:11 p.m., Dec. 30, by Deputy Zachary Hoy and released on an appearance ticket.
Nia Hanevin Spring, 23, of Griffin Road, Tonawanda Indian Reservation, is charged with criminal contempt 2nd and grand larceny 4th. Spring was arrested on Dec. 30, processed at the Genesee County Jail, arraigned in Town of Alabama Court, and released under supervision.
Ronald Charles Inzinna, 54, of Le Roy, is charged with criminal mischief and harassment 2nd. Inzinna is accused of subjecting another person to unwanted physical contact and preventing that person from contacting 9-1-1 during an incident reported at 6 p.m., Dec. 30, at a location on East Main Road, Le Roy. Inzinna was arraigned in Town of Stafford Court and released on his own recognizance.
Arthur James Felski, 45, of Tonawanda Indian Reservation, is charged with harassment 2nd. Felski was charged following an investigation into an incident reported at 3:25 p.m., Jan. 1, in Basom. He was arraigned in the Genesee County Centralized Arraignment Court and released on his own recognizance.
Le Roy rang in the New Year with the community's annual First Night celebration, including a fireworks display.
Photos by Nicholas Serrata.
A Rochester-based attorney for David Bellavia has filed motions to dismiss and seal portions of a federal lawsuit filed against him and Orleans County alleging a conspiracy to deny Bellavia's ex-wife her constitutional rights.
Attorney Donald W. O'Brien's court filings assert that the lawsuit is deficient in proving a conspiracy and was filed in part to make disparaging remarks about Bellavia a matter of public record.
The suit was filed on Nov. 4 on behalf of Deanna Bellavia (known professionally as Deanna King) by attorney Nathan McMurray. Plaintiffs in the suit include David Bellavia, Orleans County, the Orleans County Sheriff's Office, the Orleans County District Attorney's Office, Investigator Corey Black, and a Sheriff's Office employee listed as "John Doe."
The suit alleges that Bellavia and Black conspired to arrest King without probable cause and charge her with harassment for contacting Bellavia during their divorce proceedings in 2021.
Bellavia, a former Batavia resident who is originally from Orleans County and has resided there in recent years, received the Medal of Honor in 2019 for his actions during the Battle of Fallujah during the Iraq War.
King, who lives in Batavia, is a radio and TV broadcaster in Rochester.
McMurray has previously sought to represent Genesee County and the surrounding area in Congress. Earlier this year, McMurray filed a suit on behalf of former state senator George Maziarz against Batavia Downs that was subsequently dropped.
The federal lawsuit alleges government officials, acting under the color of law, conspired with Bellavia to have King arrested in order to discredit her during divorce proceedings. The arrest, according to the suit, violated her rights to be free of unreasonable search and seizure and equal protection under the law.
O'Brien does not dispute that Bellavia filed a complaint against King alleging violations of a court agreement that limited contact between the parties but states that such contacts with law enforcement do not constitute a conspiracy and cites specific case law to support his assertion.
"Assuming these allegations are true, there is nothing sinister in Mr. Bellavia furnishing evidence to the Municipal Defendants upon which they based the harassment charges that resulted in Plaintiff's Adjournment in Contemplation of Dismissal (ACD)," the motion states. "Mr. Bellavia does not deny that he was the complainant in the underlying criminal case (emphasis retained). However, 'it has long been held that a private party does not become a willful participant by merely invoking the assistance of the police.' DeSantis v. Town of Cheektowaga, 2020 "
In his motions, O'Brien states that McMurray, in drafting the complaint filed in Federal Court, failed to identify a specific section of the United States Code on which King's claim of conspiracy was based.
He also asserts that the plaintiff's claims of a conspiracy are "based on conclusory assertions unsupported by any factual details tending to show, or even raise an inference of, an agreement to deprive Plaintiff of her constitutional rights. Rather, the conspiracy claim against Mr. Bellavia consists entirely of vague and general allegations of a conspiracy and relies upon mere connection and speculation."
To prove a conspiracy, O'Brien asserts, the plaintiff must provide details of a time and place when the conspirators reached an agreement to deny the plaintiff of her rights. The suit, he states, fails to present such evidence.
O'Brien is asking the court to strike and seal several paragraphs in the lawsuit as "scandalous and prejudicial" and that the claims in those paragraphs, even if there was any merit to the conspiracy claim, have no relevance to the case.
"Paragraphs 11 through 17 and 19 through 28, however, have no bearing on the single claim against Mr. Bellavia in the Complaint," O'Brien states. "Rather, these highly prejudicial allegations appear to have been included to obtain leverage in this action and to compensate for the absence of any factual allegations to support her conspiracy claims. The truth or falsity of these challenged allegations is immaterial to Plaintiff's claim against Mr. Bellavia. If Plaintiff believes that her claim is somehow enhanced by allegations that these two parties endured a contentious divorce, then Paragraph 18 adequately makes that assertion. The remaining seventeen paragraphs, however, are irrelevant and prejudicial and should be stricken."
A footnote in the motion notes that "Mr. Bellavia is not seeking dismissal of the Plaintiff's third claim for malicious prosecution since it is not directed at him. It should be noted, however, that the Plaintiff's agreement to an Adjournment in Contemplation of Dismissal means that she cannot establish that the underlying prosecution was terminated in her favor, as she is required to do."
When King's case was dismissed in accordance with her plea agreement in the Town of Ridgeway, the court record was sealed, and the court clerk in Ridgeway has denied there even is a criminal case on file in that court.
O'Brien also asserts that a number of claims made against Bellavia in the lawsuit violate the divorce decree's confidentiality and non-disparagement clauses.
The divorce was final on Dec. 28, 2021.
"Plaintiff and her counsel were well aware of the restrictions placed on their ability to engage in such unrestrained and harmful public disclosures," O'Brien states.
The Batavian attempted to contact McMurray today for comment and did not get a response. He did not respond when we sought comment for a prior story on the lawsuit. It should be noted that McMurray has previously indicated he has blocked communication from The Batavian's publisher (see related item).
None of the other defendants in the case have filed responses yet. The federal docket (Pacer account required) indicates all defendants were served prior to Dec. 9.
The filing of the lawsuit against Bellavia and the other defendants coincided with the release of Bellavia's new book, "Remember the Ramrods: An Army Brotherhood in War and Peace."
On Dec. 28, Federal Judge Jeremiah J. McCarthy granted Bellavia's "motion for leave to file under seal," which allows O'Brien to file supporting documents from the divorce proceedings for the court's review while keeping the documents sealed.
McMurray has until Jan. 13 to file a response to the motion to dismiss. A hearing has been scheduled in Federal Court on Jan. 24.
The NYS Thruway Authority has taken exception to reporting by The Batavian that the agency had no plan on Dec. 23 when it closed the portion of the I-90 going through Genesee County to route motorists away from the affected storm area.
In a Dec. 29 story about the response of the Oakfield and Alabama fire departments to rescue travelers, The Batavian reported:
The dangers of the storm were exacerbated by a Thruway Authority that shut down the I-90 with no plan to send travelers on safe routes and with Google and Apple map technology ill-equipped to warn drivers of dangerous weather conditions and send them on routes that would take them around the hazardous roads.
In another story published that same day, we reported:
As hundreds of travelers learned on Friday, their trip on the Thruway would get abruptly cut off when a travel ban was issued and a large portion of the Thruway closed.
Jessica Mazurowski, public information officer for the Thruway cited both of these stories in an email to The Batavian on Thursday, saying she "wanted to make a few points to you about the storm."
Mazurowski wrote:
It’s unclear who is making this statement -- the paper or the County Manager. However, on Friday, when these people were traveling, and the Thruway closed, no one should’ve been traveling. Travel bans were already in effect in Erie and Genesee Counties, as well as surrounding areas. We close or issue travel bans in direct coordination with state and local entities to ensure everyone is on the same page.
All major media outlets across New York were reporting on this storm days in advance. Erie County and Genesee County both issued travel advisories on Thursday, Dec. 22 and upgraded them to travel bans on Friday, Dec. 23. The Thruway Authority announced the commercial vehicle ban on Thursday, Dec. 22 and began messaging on digital highway signs into Pennsylvania, to the Massachusetts state line and down to New York City. Messaging was also on social media, our website, and our mobile app, not just on the commercial vehicle ban but about the severity of the storm and urging motorists not to drive. When the full vehicle ban was announced on I-90 from exit 46 to the PA state line, the messaging was on digital highway signs statewide and into PA, on social media and our website, and mobile app.
The Batavian's reporting is based on statements from multiple sources, not just County Manager Matt Landers, that the vast majority of people being rescued or seeking shelter in the homes of residents or warming shelters were from out of state and were forced off the Thruway in Genesee County with no idea of the local travel ban, the looming storm, its location, or the hazardous conditions a storm of this magnitude might manifest.
Our sources include other government officials, volunteer firefighters, tow-truck operators, residents who provided shelter, and some of the motorists themselves.
After receiving her email, The Batavian sent multiple questions to Mazurowski and received no response.
We wanted to know, If the Thruway Authority had prior knowledge of the dangers of the storm, why did it take so long to institute a travel ban? Were travelers provided enough time to exit the Thruway before reaching the hazard zone?
Why was there no signage or traffic control at the Thruway exits to ensure travelers did not head north of the Thruway once they were in Genesee County? Or was there signage we don't know about, and travelers just ignored it?
Our story stated the TA had no plan to deal with the unsafe conditions for travelers before dumping motorists off the I-90 onto rural roads. We wrote to her, "Nothing in your response indicates the TA did, in fact, did have a plan in place to ensure the safety of travelers once they exited the Thruway."
We noted to Mazurowski that it is unrealistic to expect all travelers to be aware of weather conditions, travel bans, or have familiarity with blizzards and lake effect snow (several sources told The Batavian, in fact, that many travelers had never encountered conditions such as they saw in Oakfield and Alabama on Friday and Saturday).
Motorists and passengers may not have tuned into terrestrial radio or have downloaded the appropriate apps to receive alerts.
We asked, "Is it reasonable for the TA to assume that ALL travelers were aware of the hazards ahead? Shouldn't it be foreseeable by the TA that some percentage of travelers will be unaware and unprepared, or engage in a blind unwillingness to listen to good advice? Shouldn't the TA take precautions to help protect people from their own lack of knowledge and experience?"
We concluded, "So the question remains, what was the TA's plan to route travelers off the i-90 to safe locations?"
We followed up with Mazurowski on Friday and received a response that she was out of the office and to direct any questions to the general email address for the public information office. We did. And still did not receive answers to these questions.
Once Batavia was able to slow down Merritt Holly, Jr. in the fourth quarter, the Blue Devils were able to pull away from the Oatkan Knights in the large school championship game of Lions Club Pete Arras Memorial Tournament at GCC on Thursday night.
Holly led the tournament in scoring after posting 28 points against Batavia, though he was held to just two field goals in the final quarter.
Le Roy's next highest point total came from Jean Agosto, with eight.
Carter McFollins scored 20 points for Batavia, and Rasheed Christie scored 12.
"I think our ball pressure in the second half was a key factor in that game," said Batavia Head Coach Buddy Brasky. "Merritt Holly is tough to stop and we really emphasized sandwiching him with two defenders and putting ball pressure on the guards, and I think that's what really kind of turned the game in the second half."
Brasky said he's proud of the effort of his team.
"They're playing hard, but we've got a long way to go," Brasky said.
McFollins was named the tournament MVP.
Also on the all-tournament team for the large school division were Jamel Johnson, Jr., of Roy Hart, Agosto, Holly, Batavia's Ja'vin McFollins, and Christie.
Photos by Howard Owens
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