Stories from

First, a correction. We reported Sept. 25 that a Stafford man found with an "assault rifle" was on probation at the time of his arrest.

He was not on probation.

Brett William Snyder, 50, of Batavia Stafford Townline Road, was charged with two counts of criminal possession of a weapon, third degree.

One count under Section 2, Subsection 7 for alleged possession of an "assault weapon," and one count under Section 2, Subsection 8 for alleged possession of a "a large capacity ammunition feeding device."

While this might sound like a violation of the NYS SAFE Act, it is not. Both laws banning the particular rifle and magazines allegedly found in Snyder's home have been on the books in New York since 1994.

Snyder was allegedly found in possession of a Windham Weaponry semi-automatic assault rifle Model WW15 with a pistol grip, bi-pod, scope and expandable stock.

He was also allegedly found in possession of three 30-round clips and two 20-round clips. One of the 30-round clips allegedly had 30 .22 rounds in it.

The weapon was reportedly discovered by a probation officer who was at Snyder's residence to do a routine check of a person on probation who resides at the same place.

The probation officer reported seeing an unlocked weapon's case with the rifle in plain view. He reported seeing a flash suppressor on the weapon and contacted the Sheriff's Office about a possible SAFE Act violation. 

The officer said he asked Snyder if he knew that it was a violation of the terms of probation for the other person living with him to possess a firearm and Snyder said he didn't think it was a problem because that person wasn't holding it. The probation officer said he informed Snyder the weapon needed to be locked away in order for it to not be a probation violation.

According to the probation officer's statement, Snyder was known to him because Snyder was at one time on probation because of a prior felony conviction.

The District Attorney's Office clarified for us today that both laws being used to prosecute Snyder were on the books prior to passage of the SAFE Act and this is not a SAFE Act case.

Worked crews were out on Route 5 earlier today restriping Route 5 on the east side of Batavia to create center turn lanes and left-hand turn lanes. This is an NYS DOT project aimed at creating safer traffic patterns near the entrance of the Genesee Valley Agri-Business Park.

East Pembroke's volunteer firefighters arrived at the fire hall last night expecting just another Monday night of training and extrication practice.

Typically, a car would be parked behind the fire hall and firefighters would rip it apart as it sat, flat on flat ground.

Last night, Chief Don Newton thought he would throw them a curve. Just as they had unloaded the department's extrication equipment from the heavy rescue, East Pembroke's tones went off.

The report: A rollover accident on Stegmen Road.

It was a drill, but Newton figured the expected change of plans would get his firefighters in a different frame of mind.

"When we set something up as a drill, they're in response mode, they're in call mode, they're in extrication mode, they're looking for something better to do while on scene," Newton said.

Rather than dealing with a car on all four tires on flat ground, the firefighters are practicing in something like a real-world scenario: A car on its roof on a creek bank.

It makes for better training, Newton said.

To find out more about becoming a volunteer firefighter, visit ReadyGenesee.com.

Reason Magazine: Recent poll results.

We are told that Rotary Annie is typically delivered to the unsuspecting victim in stealth, but Ray Shirtz and Ed Leising were caught in the act -- dropping off the sacred cow at Seymour Place/GO ART! early this evening.

Our highly confidential source informs us that since GO ART! is host to Rotary meetings, it's unlikely anybody in the building is facing a fine for having the cow on display.

Typically, the fine for a Rotary member who gets the cow is $60, though it's possible to purchase insurance for $30.

There should probably be some fine for getting your picture on The Batavian moving the cow.

Shot late this afternoon.

Press release:

Batavia Downs announced today that the gaming floor portion of its highly anticipated expansion project will open on Friday, Oct. 4.

"We are very excited to open this first phase of our expansion,” said Michael D. Kane, president and CEO of Batavia Downs. “As a public benefit corporation, the expansion of the gaming floor and the addition of three new restaurants will allow us to generate more revenue for local municipalities.”

As a public benefit corporation, all profits from Western OTB and Batavia Downs Gaming net expenses are contributed back to the 15 counties and two cities of Western New York.

Pictures and videos from the expansion as well as updates can be found on Batavia Downs’ Web site (www.bataviadownsgaming.com), on Facebook (www.facebook.com/bataviadowns) and on Twitter (www.twitter.com/bataviadowns). A grand opening celebration with a ribbon cutting and other events will occur in a few weeks.

Press release:

GO ART! presents its 13th annual Genesee-Orleans Community Arts Awards Gala Dinner & Auction at 6 p.m. on Saturday, Oct. 26 at Terry Hills Golf Course and Banquet Facility, 5122 Clinton Street Road (Route 33), Batavia. Each year, GO ART! recognizes the extraordinary contributions in art and culture made by individuals and organizations in the Genesee-Orleans region at this unique event. This year’s honorees are:

Community Arts Awards:

• Business -- Laura Gardner, “a lily & a sparrow” in Medina
• Business -- Howard Owens, The Batavian
• Cultural Organization -- Barb Toal & Friends of Batavia Peace Garden
• Artist -- “The Humans” – John Dumrese, Richard Doolan, Gar Trusselle, William Kuhns, Martin Busch and the late Danny Long
• Artist -- Carol “Kay” McMahon, musician from Genesee County

GO ART! Board of Directors Special Recognition: Mary Pat Hancock, chair of the Genesee County Legislature

Linda L. Blanchet Award: To be announced

Tickets are $27/non-members, $25/members, and advance reservations are required. Enjoy a delectable dinner and desserts while local band “The Old Hippies” featuring Bill McDonald provides musical entertainment. Dress is business casual.

A silent auction featuring quality work by local artists, artisans and cultural organizations will be held throughout the evening, and the annual Gala Raffle will be held as well. The Grand Prize this year is 14K white gold pendant necklace with black and white diamonds .50ptw, compliments of Valle Jewelers; Value $1,250.

The Raffle tickets have a requested donation of $5 each or five for $20, and are available at GO ART! and at the event. Winners will be selected in a random drawing at the GO ART! Gala on Oct. 26; you do not need to be present to win.

For more information, call 585.343.9313, e-mail info@GOart.org, or visit www.GOart.org.

A 42-year-old Attica woman is being accused of stealing more than $21,000 from a company she worked for in Stafford.

Judy S. King, of Genesee Street, Attica, is charged with forgery, 2nd, grand larceny, 3rd, and grand larceny, 4th.

King was arrested following a lengthy investigation by Deputy John Duyssen and Investigator Timothy Weis into missing funds at RJN Electrical Services.

During the years of 2012 and 2013, King, working as an office manager, allegedly used her access to bank accounts to forge at least 88 checks.

She's also accused of stealing two credit cards from the company and making personal purchases.

Following arraignment in Town of Stafford Court, King was released under supervision of Wyoming County Probation.

Thomas Richard Ellis, 46, of Kings Lane, Rochester, is charged with DWI, failure to keep right, speed not reasonable and prudent, unapproved/no face shield on motorcycle and driving without corrective lenses. Ellis was charged following a motorcycle accident at 8:06 p.m., Friday, in the area of 4491 Old Ford Road, Elba. (initial report)

Ronald Jason Scroger, 33, of Swan Street, Batavia, is charged with two counts petit larceny and criminal mischief, 4th. On Friday, Scroger allegedly went to Walmart and removed merchandise from its packaging, damaging the item's package. He then allegedly left the store with $170.82 in stolen merchandise. He then allegedly returned with a stolen item and exchanged it for a gift card with a value of $34.97.

Kelly James Rhim, 35, of Eller Street, Batavia, is charged with unlawful possession of marijuana, driving with a BAC of .08 or greater and DWI. Rhim was stopped at 2:15 a.m., Saturday, on West Main Street Road, Batavia, by Deputy Joseph Corona.

Jeffrey Scott Vandusen, 24, of Chapel Avenue, Cheektowaga, is charged with resisting arrest. Vandusen is accused of fleeing from law enforcement during an attempted traffic stop at 8:05 p.m., Sept. 18, on Phelps Road, Pembroke, for alleged traffic violations.

Kory James Towne, 23, of Phelps Road, Corfu, is charged with resisting arrest, speeding and failure to yield. Towne is accused of fleeing from law enforcement during an attempted traffic stop at 8:05 p.m., Sept. 18, on Phelps Road, Pembroke, for alleged traffic violations.

Samuel J. Singletary, 50, of Alphonse Street, Rochester, was arrested on warrants for alleged aggravated unlicensed operation and speeding. Singletary was arrested upon his arrest from the Monroe County Jail on unrelated matters and arraigned in Town of Elba Court. Bail was set at $500.

Kevin Albert Roberts, 22, of Perry Road, North Java, is charged with petit larceny and conspiracy, 6th. Roberts is accused of conspiring with another person to shoplift at Walmart.

Mathew Lee Klein, 19, of Dodgeson Road, Alexander, is charged with trespass. Klein was allegedly seen atop the roof of the bus garage at Alexander Central School at 1:48 a.m., Sept. 21.

Jerell J.T. Jones, 25, and Nathaniel R. Davis, 18, both of 20 N. Spruce St., Batavia, are each charged with two counts of petit larceny. Jones and Davis are accused of shoplifting from YNGodess on two separate occasions. Jones and Davis were jailed on $1,000 bail each.

The following individuals were cited for alleged possession/consumption of alcohol under age 21 following a Batavia PD investigation into a complaint of a loud party at 25 Trumbull Parkway at 12:23 a.m., Friday: Eric J. Soto, 19, Ian J. Legares, 18, Emmanuel Garcia, 20, Jessie C. D'Paula, 20, Stephanie E. Griffin, 20, Carlton RV Lampe, 18, Michael A. Archer, 19, Leofal Soto, 19, Jared R. Wansart, 19, Troy R. Pakusch, 19, Jah-Neel A. Warner, 17, Adam T. Pratt, 19, Lasania S. Hyatt, 19, Jared J. Midwick, 18, Carrie M. Curry, 19, Randy O. Mutt, 19, Andrea F. Parravano, 19, Shanique Y. Headley, 18, Ashley R. Makowski, 18.

Dennis A. Edson, 49, of 17 Porter Ave., Batavia, is charged with trespass. Edson is accused of entering a neighbor's property without permission.

Dajuandrick C. Gardner, 36, of 22 East Ave., Batavia, is charged with criminal possession of a controlled substance, 7th. Gardner was allegedly found in possession of a crack pipe.

Andrew DeMara Hewitt, 29, of North Street, Churchville, was arrested on a warrant related to a petit larceny charge. Hewitt allegedly did not appear on a petit larceny charged in Town of Byron Court. He was jailed on $150 bail.

Jeremy L. Jones, 20, of Hammonsport, is charged with unlawful possession of marijuana. Jones was arrested by State Police in the Town of Pavilion. No further details released.

The Guardian: US government on verge of shutdown as House votes to delay health law

A house fire is reported at 218 Exchange St., Attica. 

Responding from Genesee County are Alexander, Bethany, Darien and the City of Batavia Fast Team.

UPDATE 8 a.m.: Genesee County units returning in service.

The Rotary Club of Batavia hosted its annual brewfest again this year, but with Batavia Downs being remodeled, the club set up tents along Alva Place instead and served brews to hundreds of attendees.

The Elba Lancers cheer squad unveiled a new routine during half-time of the Elba/Byron-Bergen vs. Notre Dame game Saturday.

The routine features more acrobatics than I've seen from a high school cheer squad before.

Cheer Coach Kate Engle said her cousin Jackie Borrelli, now a cheer captain at Niagara University who cheered for Northeast Elite, conducted a two-day cheer camp for the Elba team and taught the girls the new routine.

Saturday was the first time they performed it in public.

Rachel Wannike is Elba's captain this year and she's featured in the flyer toss. Tabitha Fuller, a seventh-grader, is featured in a series flips during a pyramid (unfortunately, my camera slipped out of focus during this part of the routine). 

Engle said the squad is pretty young, with only one senior member and five juniors, three sophomores, seven freshman and a seventh-grader.

The girls will use the routine Oct. 13 at the Brockport Spiritfest and, of course, during sectionals competition later in October at RIT.

To purchase prints of these photos, click here.

Hundreds of runners were asked this morning to navigate a 5K course filled with zombies at Darien Lake Theme Park.

The rUNDEAD race was held to benefit Special Olympics and organized and supported by volunteers from throughout WNY, including a collection of zombies near the finish line who a part of the same group in Tonawanda.

Each runner was issued three flags. Those who managed to make it through the course with at least one flag was eligible for a prize. The zombies, rather than seeking the brains of runners, were hungry for flags.

Speed seemed essential when a runner needed to sprint through a gauntlet of zombies.

Say "Cheese" -- Arlowe Price, Fattie King and Sam Pecoraro. Price is the owner of Savage Buffalo Carnival whose family has been performing in carnivals and freak shows for five generations. He said he performs frequently in the Buffalo area, but has never been invited to perform anywhere in Genesee County. Here's his Facebook page.

Mike and Cindy Baskin, from Naples. They skipped today's Grape Festival to be zombies in Darien.

Brenda Fox, a proud member of The Batavian Club, and her daughter Indigo at the start line of the race.

To purchase prints of photos, click here.

The first of four planned "Coffee Talk" events sponsored by Vibrant Batavia was held this morning at City Hall. The events are designed to collect feedback on what residents think needs to be done to improve life in Batavia and identify potential neighborhood leaders. Today's event was focused on residents from the Northside.

Above, Vibrant Batavia Director Leanna Di Risio.

William Gregory, of State Street, pictured below, said he came out to the event this morning because he's concerned about his commmunity.

"I think it would be nice to know more of my neighbors and hopefully we can solve some of the issues we have," Gregory said.

The next Coffee Talk is from 10 a.m. to noon, Oct. 5, at Williams Park.

For more on the event and the schedule, click here.

The Child Advocacy Center sponsored a 5K run/walk in Downtown Batavia this morning. The event was held in conjunction with a dozen other 5Ks sponsored by CACs in cities around the state.

We've not received race results yet, but we do know that Todd Masters won and all of the top four finishers are all members of the Kiwanis Club's 5K team.

Todd Masters

Batavia PD is investigating reports of shots fired on State Street last night, Chief Shawn Heubush confirmed today.

The reports came in some time after 11 p.m. and officers searched the area, according to radio traffic, for a couple of different vehicles in order to question subjects.

Heubusch did not confirm whether any interviews took place.

There is no report of any injuries at this time nor confirmation that a gun or guns were fired.

Mercy Flight has been dispatched to the Alexander High School football field for a player who has suffered a possible concussion.

UPDATE 10:31 p.m.: "Mercy Flight has landed."

UPDATE 10:39 p.m.: A person who was at the game said the game was over and field clear by the time an ambulance was called. Two different players were knocked out during the course of the game, he said. 

UPDATE 10:45 p.m.: Mercy Flight is airborne in route to Erie County Medical Center.

Present Tense books and gifts, on the corner of Washington and State, Batavia, will be closed as of Nov. 1, owner Erica Caldwell announced today in an e-mail to customers.

The store will start selling items at marked down prices on Oct. 8. Store fixtures will also be fore sale.

Here's a portion of the e-mail:

Present Tense could not have flourished for eight years without the help and support of many people:

• YOU, our customers. It has been a privilege to provide books for you for these past eight years. We have enjoyed reading, talking, and sharing with you and treasure the many friendships we have made.
• TERRI MARCHESE and MARCY RUBIN, my dependable, enthusiastic, book-loving sidekicks. Also, thank you to CHASITY MOORE, KELLY DUDLEY, and MARCIA GANN, who were willing to help out when needed.
• MY FAMILY, especially my parents and sister, who spent quite a lot of time arranging, rearranging, hanging, shelving, fixing, proofreading, baking, and generally improvising to help me create the space and materials I envisioned for Present Tense. Thanks to my father-in-law for his willingness to put on a red suit and white beard every year for our Holiday Open House.
• DARRICK COLEMAN, my husband, who was not only willing to let me try running an independent bookstore but has also been the one I call for all the worst jobs, like fixing the printers, hanging Christmas lights in high places in the freezing cold, correcting my endless bookkeeping errors, and once even donning the black robe and wig of Severus Snape. Malcolm Gladwell says that creative success is often highly contingent on the efforts of others, and that creative individuals’ stories are invariably love stories. That has certainly been the story of Present Tense.