Stories from

A "large" grass fire is reported in the area of Clinton Street Road and Horseshoe Lake Road, Stafford, near the roadway.

Stafford fire is responding.

UPDATE 11:15 a.m.: The fire is an attended controlled burn. Stafford is standing down.

"Same as yesterday," said the dispatcher.

Two little girls are reportedly going door-to-door in the Village of Bergen asking for money.

One is wearing pink pajamas. The other, blue pajamas.

Previously: Callers complain about little beggars in Bergen

A caller reports that a motorcyclist rear-ended her car on the Thruway in the area of mile marker 384 in the eastbound lane.

The rider is down in the roadway.

Le Roy fire and Le Roy ambulance dispatched. Mercy Flight is on in-air standby.

UPDATE 10:47 a.m.: One patient transported to Strong Memorial Hospital by Mercy Flight.

"I figured I was one of the lucky ones who didn't have to carry a rifle," Boyer said. "I was in the Signal Corps. I just did what I was supposed to do."

At 101, Boyer is likely to be the oldest veteran taking part in the City of Batavia's Memorial Day Parade on Monday. He will be part of the veterans contingent marching and riding with the Batavia Lions Club.

Boyer served in the Army Signal Corps, first in Italy, and then after the war ended in Europe, he was shipped off to the Philippines, arriving there the Friday before the war in the Pacific ended. He then participated in the occupation of Japan until his service time ended.

He said there was nothing remarkable about his time in the Army, repeating, "I just did what I was told to do."

The parade starts at Eastown Plaza at 9:45 a.m. and will proceed down Main Street to Bank Street before wrapping up at Alva Place. The current forecast for Monday is partly cloudy and a high of 70 degrees.

Submitted photo.

At Falleti Ice Arena last night we were able to talk with seven members of the Genesee Ice Devils and Notre Dame Fighting Irish hockey teams about the proposal to merge the two teams. We also spoke with Mike Rapone, ND's athletic director since we hadn't spoken with him yet about the proposal.

A structure fire is reported at 4092 Lockport Road, Elba.

Elba fire dispatched.

A first responder reports smoke showing.

Fire police are blocking Lockport Road at Route 98.

UPDATE 5:53 p.m.: Oakfield fire requested to the scene.

UPDATE 6:21 p.m.: Byron to stand by at Elba's hall.

A chase, a search, and a tip led to the arrest of two people Tuesday night after they were located at Walmart in Batavia.

The incident began with a chase on Route 63 in Oakfield.

A deputy on patrol spotted a Pontiac sedan traveling north at a high rate of speed, so the deputy turned around and attempted to catch the vehicle.

The deputy observed the sedan continue at a high rate of speed and pass a vehicle by crossing into the southbound lane. At that point, the deputy, in his marked patrol vehicle, initiated a pursuit with lights and siren.

The vehicle failed to stop and continued east on Route 262 and then north on Fox Road. At Fox and Maltby roads, the vehicle allegedly ran a stop sign and went into the air off the north shoulder of Maltby Road into a field.

The vehicle struck a tree and then continued northwest through the field. A backseat passenger jumped from the vehicle and complied with a deputy's commands.

The sedan continued northwest and entered a neighboring crop field. It allegedly damaged about $1,000 in crops.

The driver stopped the vehicle and the driver and remaining passenger fled on foot.

A vehicle search allegedly led to deputies finding scales with residue and an illegal weapon in the vehicle.

A K-9 was dispatched to assist in the search. That search led to a nearby residence.

Deputies received a tip that two people matching the suspects were given a ride to the Batavia Walmart.

Police responded to Walmart and located the suspects in the Walmart parking lot.

The driver was identified as Jason M. Fitzpatrick, 38, of Sweet Road, Howell, Mich., and the passenger as Samantha R. Makar, 22, of West Madison Street, York, S.C.

Fitzpatrick is charged with: criminal possession of a weapon, 3rd; unlawful fleeing of a police officer in a motor vehicle; criminal mischief, 4th; obstructing governmental administration, 2nd; and aggravated unlicensed operation. There was also a warrant for Fitzpatrick out of Michigan as a parole absconder.

Makar is charged with obstructing governmental administration and criminal possession of a weapon, 4th.

The weapon recovered was not described in the press release.

The third occupant of the vehicle complied with deputies' orders and was charged.

Assisting the in the incident were NY State Police, The Department of Environmental Conservation's K-9 unit, and Batavia PD.

Deputies involved in the incident included Jacob Gauthier and Jordan Alejandro.

While working on the recent story about Devon Wright, the Batavia man who has been arrested multiple times but because of current state law can't be held in custody while awaiting trial, we asked Batavia Police Chief Shawn Heubusch for comment on the case. Heubusch wasn't able to comment immediately. Today he issued the following statement:

Bail reform, a measure recently passed into law by the state legislature and the Governor, is seriously flawed. In this particular case, we get a front-row seat of the unintended consequences of so-called bail reform playing out across our State. Bail reform is putting the safety of our officers and our citizens at risk. I, along with my colleagues in law enforcement, implore the State Legislature to examine the current bail reforms and restore protections for the citizens of New York against violent criminals who are brazenly flaunting the law, knowing they will be back out on the street in a matter of hours.

Last night, Kevin Brusie waited up for the clouds to clear and then took these photos of the "Super Flower Blood Moon," aka Super Lunar Eclipse, over Western New York.

"I wanted to share them for anyone who was unable to see it and thought it was pretty neat, educational, and interesting!" Brusie said.

Last night's sunset in Pembroke, submitted by JoAnne Meiser.

There is reportedly smoke and flames coming from wires and pole in the parking lot next to City Church on East Main Street, Batavia, across from Adam Miller Toy and Bicycle.

City fire dispatched.

UPDATE 12:16 p.m.: National Grid will need to cut power to the utility pole. This could cause the traffic light at Main and Center to go dark. Batavia PD requested to provide traffic control.

UPDATE 12:22 p.m.: Power is out in the area.

UPDATE 1:01 p.m.: The traffic signal is "back up and running." 

Statement from Gregory Hallock, executive director of GO ART!:

"It is with great remorse that we must announce that Picnic in the Park, on July fourth, at Centennial Park in Batavia, will be cancelled this year due to COVID. Beyond the issues of COVID regulations, sponsors of the event have had to pull their funding, as a result of the restraints COVID put on their budgets."

Unlike a year ago, when coronavirus-pandemic-related restrictions meant families showed up to football fields, school parking lots, and drive-in theaters in cars to witness student graduation, local school districts this year are trying to work within less strict COVID-19 guidelines to give students and families fairly traditional graduation ceremonies.

They will take place on school lawns, football fields and in auditoriums.

Some schools are even planning proms for their seniors.

Here is what the districts are planning:

Alexander:

• Prom: According to Superintendent Jared Taft, the students discussed their ability to hold a prom and abide by NYS Health Department guidelines and decided there was really no interest in planning a prom after considering having seniors and dates arrive at staggered times and dancing socially distanced with masks on.
• Graduation: "We are planning graduation to take place similar to that of a sports event following the current guidelines for gatherings," Taft said, noting that guidelines may change by the date of the graduation ceremony. 

Batavia:

• Prom: There will be a prom at Van Detta Stadium from 7 to 11 p.m., June 19. There will be a 40 X 100 tent for dining and a 20 X 40 tent for dancing. Students will attend in predetermined groups of 10. They will dine with that same group of 10 and enter the dancing tent in that group of 10. Outside of the tents, students can mingle with other guests.
• Graduation: The ceremony will be on June 26 at Van Detta Stadium at 10:30 a.m. Attendees will be required to either show proof of vaccination or a negative COVID-19 test. There will be a rapid test available from 7 to 9 a.m. on the day of the ceremony. Graduates can invite five guests. The graduation will be livestreamed for those who cannot attend. In case of rain, the ceremony will be moved to 5 p.m. that day and if there is rain at 5 p.m., the ceremony will be moved to 10:30 a.m., Sunday.

Byron-Bergen:

• Prom and graduation: Patrick McGee, the high school principal who becomes superintendent on July 1, said the school is still in the process of planning. "When these events take place, we will ensure adherence to all health and safety guidelines set forth by the NYSDOH," he said.

Elba:

• Prom: Elba will hold its prom at the Park Place Event Center at Batavia Downs. "They were wonderful to work with and wanted to collaborate with us to support our students with this special event," said Superintendent Ned Dale. "We will follow their prescribed guidance. Our staff will be on hand to supervise. Originally, we were planning on having the event on campus and outdoors until the recent changes in guidance that expanded the capacity indoors. We will follow the guidance at the time of this event."
• Graduation: Elba will hold its graduation at 7 p.m., June 25 on the high school campus law. "We have plenty of room to spread out on the campus lawn," Dale said. "As of today, we will ask that everyone is masked. However, I don't know where NYS DOH will be in six weeks with more guidance after hearing the CDC changes today about masks and vaccinated individuals. We will follow the guidance at the time of this event."

Le Roy:

• Prom: Le Roy is planning a junior/senior prom for June 5 from 6 to 11 p.m. at the Le Royan at Mercy Grove.
• Graduation: Outside at Hartwood Park at 11 a.m., June 26. Rain times will be later in the day, June 26, or, if necessary, at 11 a.m., June 27.

Notre Dame:

• Prom: We didn't receive any information on plans for a prom.
• Graduation: Graduation along with a mass will be held at 2 p.m., June 6, at Resurrection Church. The school has created a seating chart for families attending the graduation. Each grad will be allowed to invite six guests. Guests who do not live with the graduate will sit in rows designated "guest seating." Graduates must turn in a guest list to assist in checking in attendees. Attendees must wear a mask until seated. Vaccinated attendees can remove their masks once seated.

Oakfield-Alabama:

• Prom: The prom will be held on June 5 at the Arrowhead Golf Club at the Timberlodge facility. Superintendent John Fisgus said: "Timberlodge has to follow the state guidelines for events, which is not to exceed 250-person capacity for an indoor event (with no testing) or if they do, everyone needs a negative COVID test (72 hours before) or proof of vaccination (two weeks from last shot). We will NOT exceed the 250-person capacity for our prom, so our students are good to go over there with no testing or proof of vaccination. Table assignments have already been created, and we will abide by what Timberlodge directs us to do (i.e., masking, cohorts dancing in certain areas, etc.)."
• Graduation: O-A's graduation will be at 10 a.m., June 19, in the football stadium. Fisgus said, "For outdoor events, we will not exceed the 500-person capacity; therefore, our graduates and guests attending will not need to provide a negative COVID test or show proof of vaccination. Each graduate can invite eight guests (60 seniors graduating), and since we will have the seniors in a different location than the guests (bleachers vs. football field/track area), they are not considered part of the 500 capacity (per the guidance from May 3). We will socially distance each family on the field/track and have our usual ceremony, with fireworks!"

Pavilion:

• Prom: There will be no school-sponsored prom; however, parents and students are planning a private event.
• Graduation: The plans are being finalized. Superintendent Mary Kate Hoffman said, "The plan is to have an outdoor ceremony on our soccer field/track. We are considering running two identical ceremonies where half of the families would attend one or the other. This would allow each graduating senior to have more family members in attendance. We have a graduation committee working on decorations and special additions to the program to make this a memorable event."

Pembroke:

Superintendent Matthew Calderon said, "The state provided specific guidance for proms and graduations, which we will be adhering to. In both cases, we will stay under the capacity limits identified so that we do not need to require testing. The standard expectations for mask-wearing and social distancing we be in place.

Adding, "Both events will be relatively normal/traditional, with the exception of the fact that we need to reduce the numbers of tickets as compared to normal to stay under the capacity limits."

• Prom: Calderon -- "Our prom took place this past Saturday, and my understanding is that everyone had a great time. Initially, the organizers were planning to sell a limited number of tickets to stay under the 100-indoor capacity limit, but when the indoor capacity increased to 250, every junior and senior that wanted to go was going to be able. By sheer happenstance, it turned out that there were 93 students and seven adult chaperones that attended. Exactly 100 anyway, so we would have ended up OK either way. We are so thankful to have been open for in-person learning every day five-days-a-week, and the prom was the cherry on top for our seniors!"
• Graduation: The graduation will be held in the school's auditorium.

The local unemployment rate hit its lowest level of 2020 so far in April at 5 percent, more than 10 percentage points what it was in the previous April, the worst month locally for the job market during the coronavirus pandemic.  

The 5-percent rate is still a point-and-a-half or so above the 3.6-percent rate of April 2019.

Outside of the 15.9-percent rate of a year ago, the highest rate for an April over the past 31 years was 7.6 percent in 2012.

The Labor Department reports 27,900 people in Genesee County's labor force, which is the aggregate of everybody employed and everybody seeking work. Of those, 26,500 have jobs and 1,400 are looking for jobs.

The March 2021 unemployment rate was 6.1 percent.

The state's unemployment rate is 8.2 percent.

One of the most storied rivalries in Section V hockey could come to an end as soon as next season if the Batavia Ice Devils and the Notre Dame Fighting Irish become a single team.

Team coaches presented the proposal to the Batavia City School District Board of Trustees tonight and the board gave both programs permission to continue exploring the idea of a merger and drafting a five-year agreement for Batavia-Notre Dame hockey teams at the junior varsity and varsity levels.

The concept has already been approved by the Notre Dame Board of Trustees.

Tonight, by consent, the Batavia board authorized the talks to continue between coaches and athletic directors. If a final agreement is reached, a final resolution will be presented to approval for both boards. Section V must also approve the merger.

If approved, it is likely that Marc Staley, who has coached Notre Dame for 21 years, would be the varsity coach of the merged teams. John Kirkwood, 14 years with Batavia, would be the assistant coach. And Brennan Briggs, varsity football coach and a coach with Batavia hockey, would be the JV coach.

"We think we can build a community," Batavia Athletic Director Mike Bromley told the board. "It’s more than Batavia and Notre Dame. It’s a community."

Batavia has been merged with other schools in the county for four years. Those mergers would end if this proposal is approved.

One of the big concerns both for coaches and board members was what happens to the six hockey players who do not attend Batavia High and have been members of the Ice Devils. Those players go to school in Alexander, Elba, Le Roy, Oakfield-Alabama and Pembroke.

Staley and Kirkwood both made assurances that all six players will be "grandfathered" into the Batavia-Notre Dame team and Staley said all six, given their experience and ability, will be integral parts of the merged team for the next season or two. 

"All six players are going to be impactful players at the varsity level," Staley said.

Both Staley and Kirkwood said that their teams have been playing at a disadvantage against larger Monroe County schools, including merged programs, because filling out a complete varsity roster means putting seventh-, eighth-, and ninth-graders on their teams.

That is also a safety issue, Staley said. 

"We just come to the conclusion that relying on seventh- and eighth-graders, and ninth-graders who are ill-prepared, and putting them on the ice, how do we answer this as a board, as adults, as administrators, if a seventh- or eighth-grader gets seriously injured in a hockey game because he’s hit by a kid who six-foot-four, 220?" Staley said. "We’ve got some real questions. Why are we putting these kids here and for what reason?"

Bromley said there are 24 hockey teams in Section V and 12 of them are merged programs. Few if any of those programs are putting players who should be playing JV in varsity uniforms.

The merger would create a JV program that would allow players to develop and become better varsity players.

It might even mean -- if enough kids sign up -- that the schools could have a modified program, creating the same sort of pipeline that Briggs has created with Blue Devils football leading to repeated sectional championships.

For the most part, parents and players have been receptive to the idea, both Staley and Kirkwood said.

There have been parents who have objected to the idea that their kid as a ninth-grader was on varsity and now will likely play JV as a sophomore but Staley said his counterargument is that at least they will get to play.

“To be an eighth-grader or ninth-grader and get to wear your jersey to school on game day and know darn well you’re probably not going to see a shift is a little different than going to school in your jersey knowing ‘I have a JV game. I’m playing tonight,' " Staley said.

Briggs said his JV-playing nephew can't wait for the merger. He's excited, Briggs said. His nephew knows if it happens he is going to get a chance to play every game and that he will play at a level throughout his prep-hockey career that he will compete every season for a championship.

There is an issue a team name. Ice Devils, or perhaps, Irish Devils, won't wash with a Catholic school. Blue Shamrocks or Ice Angels seem like nonstarters, too, but in response to a question from Trustee Shawna Murphy, there probably won't be time to poll the community. That's because the time frame is short for getting Section V approval and ordering new uniforms for both varsity and JV. The team name is a pending question.

Whatever the name, Staley is convinced the community will embrace the new team -- a club that is ready to compete at the varsity level with McQuaid or Victor or Pittsford. 

"We haven’t had that building filled with 500 people all cheering for the same team for 25 years," Staley told the board.

Judge Charles Zambito expressed frustration today -- frustration he and his colleagues on the bench throughout New York share -- that when considering bail for a defendant, he cannot weigh the potential threat the defendant represents to the community. 

District Attorney Lawrence Friedman had just asked that Devon A. Wright be held without bail in the Genesee County Jail citing his recent felony arrest on top of two criminal indictments already pending.

Since Zambito couldn't send Wright to jail or increase his present bail (he is out of jail on bail), the County Court judge ordered the 19-year-old to undergo a mental health evaluation within the next three weeks, not consume drugs or alcohol, stay in his own residence from 9 p.m. to 6 a.m. (thereby prohibiting him from staying at his girlfriend's house), and avoiding any confrontation with police, who will have blanket permission to search him or his residence at any time.

Since turning 18 in 2019, Wright has been charged with crimes ranging from larceny and assault to sexual misconduct.

In the past 20 months, Batavia PD has reported the following arrests:

• In Nov. 2019, Wright was accused of violating an order of protection and charged with criminal contempt.
• Later that month, Wright was charged with larceny, harassment, and endangering the welfare of a child for allegedly stealing money from a person less than 17 years old while in City Centre.
• In March 2020, Wright allegedly caused a disturbance at the Sunoco Gas Station on West Main Street in Batavia and was charged with burglary, assault, and criminal mischief.
• The next month, Wright was accused of running down a person on Highland Park in Batavia while driving a silver sedan. He then allegedly fled the scene on foot. When taken into custody, he allegedly resisted arrest and damaged property at the police station. He was charged with attempted assault, 1st; resisting arrest; obstructing governmental administration, 2nd; criminal mischief, 4th; criminal nuisance, 2nd; and harassment, 2nd. Wright answered to the charges in City Court and bail was set at $10,000 cash, $20,000 bond, or $50,000 partially secured bond. It's unclear if he posted bond or bail but he was released from custody.
• In May 2020, Wright was accused of sexual conduct with a person less than 15 years old and charged with two counts of criminal sexual act in the second degree and two counts of endangering the welfare of a child.
• In July 2020, Wright was arrested on a pair of warrants, one for alleged failure to pay a fine, the other for an alleged failure to appear in court.
• Wright's most recent arrest came earlier this month. Wright was arrested on a Batavia City Court Warrant and charged with second-degree menacing, criminal possession of a weapon in the third degree, and second-degree harassment. He allegedly threatened several individuals in a vehicle with a weapon.

It's the most recent arrest that prompted Friedman to ask Zambito to order Wright held without bail.

Friedman said that he was more concerned about Wright's willingness to make future court appearances given his growing list of unresolved criminal charges.

Attorney Nathan Pace, recently assigned to represent him after Wright's previous attorney resigned from the case, argued that there was no reason to doubt Wright won't make future court appearances since he has made recent court appearances. Pace said he represented Wright in other matters two years ago and the defendant made his appearances then. He also said he and his client dispute the facts of the recent arrest. He also said Wright will become a father in a few months and is looking forward to the baby's birth and that he will start a job at a Batavia gas station on Monday.

"I believe he will continue to appear in court," Pace said.

Friedman countered that it is meaningless that the defendant denied wrongdoing in the new cases. That's what defendants do at this stage of proceedings. Friedman said it was more relevant that Wright is accused of resisting arrest and fighting with police officers. 

Zambito opened his remarks by saying it was difficult to agree with the desire of Pace to keep his client out of jail, but that New York law limited what he could do to hold Wright in custody. 

"It's impossible under the current bail reform laws," Zambito said. "It seems Wright is a clear and present danger to the community as long as he is out and he continues to get arrested. 

But, Zambito added, "the law doesn't allow a judge to consider community safety when setting bail. I'm frustrated. I think every judge in New York State is frustrated."

He said he was going to order a mental health evaluation and Pace agreed that is a good idea. 

"As his previous attorney said, 'something is not right in his head,' " Pace told Zambito.

As Zambito issued his order, Pace emphasized to Wright that he can't go out of the door of his house after 9 p.m. and before 6 a.m. and that he must cooperate with police when he encounters them, even when they show up to search his house. 

Zambito added, "they're going to show up at your house and you can't fight with them, you can't resist them."

Wright is also not allowed to leave Genesee County while his cases are pending.

Tonight is The Old Hippies 60th livestream Home-to-Home Concert and it will be their last one, at least for a while.

Meet Mark Kane, the new president of Six Flags Darien Lake

After missing the 2020 season due to COVID-19 restrictions, Darien Lake Theme Park, has reopened for 2021. Currently, the park can operate at 33-percent capacity but expects to be open at 100-percent capacity in about a month.

COVID-19 protocols include a touchless temperature check as patrons enter the park and social distancing. People who are full vaccinated do not need to wear masks. The mask protocol will operate on the honor system. Patrons will not be required to show proof of vaccination.  

All of the rides and attractions are open.

More than 35 vendors participated today in a Vendor Blender inside City Centre as a fundraiser for All Babies Cherished.