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Press release:

Congressman Chris Collins (NY-27) today released the following statement to recognize National Police Week and to highlight his intention to vote in favor of six legislative items throughout the week in support of U.S. law enforcement.

The legislative items will include the Thin Blue Line Act (H.R. 115), the Honoring Hometown Heroes Act (H.R. 1892), the American Law Enforcement Heroes Act (H.R. 1428), the Probation Officer Protection Act (H.R. 1039), the Rapid DNA Act of 2017 (H.R. 510), and the Strengthening State and Local Cyber Crime Fighting Act (H.R. 1616).

“National Police Week is an opportunity for our country to come together to honor our men and women in blue for the service they provide to our communities,” Congressman Collins said. “On behalf of the towns, cities, and villages throughout New York’s 27^th Congressional District, I want to thank our law enforcement officers for consistently putting their lives on the line to keep us safe.”

In 1962, President John F. Kennedy declared May 15^th as Peace Officers’ Memorial Day. This week, the United States will honor our courageous law enforcement officers during National Police Week. Every year since 1982, members of the U.S. law enforcement community, their families and friends have gathered on Peace Officer’s Memorial Day in Washington, D.C., to mourn the fallen and remember their heroic acts.

“Our first responders are willing to pay the ultimate sacrifice to uphold law and order within the communities they serve, but too often their heroic acts are repaid with undue criticism,” Congressman Collins said. “They deserve the full support of the federal government. I am confident the six pieces of legislation that will be voted on this week will provide U.S. law enforcement with the federal resources and support they need to continue keeping us safe.”

Thin Blue Line Act (H.R. 115)

• Makes killing, or attempting to kill, a law enforcement officer, firefighter, or other first responder, an aggravating factor in death penalty determinations.

Honoring Hometown Heroes Act (H.R. 1892)

• Authorizes the governor of a state to proclaim the American flag be flown at half-staff to honor a first responder who died in the line of duty.

American Law Enforcement Heroes Act of 2017 (H.R. 1428)

• Authorizes COPS grantees to prioritize funds to hire veterans as law enforcement officers.

Probation Officer Protection Act of 2017 (H.R. 1039)

• Authorizes probation officers to arrest a person if there is probable cause to believe the person forcibly assaulted or obstructed a probation officer while they were conducting official duties.

Rapid DNA Act of 2017 (H.R. 510)

• Establishes a system for integration of Rapid DNA instruments for use by law enforcement to combat violent crime and reduce the current DNA analysis backlog.

Strengthening State and Local Cyber Crime Fighting Act of 2017 (H.R. 1616)

• Authorizes the National Computer Forensics Institute to disseminate homeland security information related to the investigation and prevention of cyber and electronic crime and related threats, and educate, train, and equip state, local, tribal, and territorial law enforcement officers, prosecutors and judges.

Work crews were at Batavia Downs this morning resurfacing the parking lot.

Two injuries are reported in a car vs. motorcycle accident on Route 33 at Horseshoe Lake Road, Stafford.

Stafford Fire and two Mercy EMS ambulances are dispatched.

UPDATE(S)(By Billie) 1:12 p.m.: Traffic control requested by Stafford command to Route 33 and Prole Road.

UPDATE 1:13 p.m.: Mercy Flight #5 is called to the scene and a landing zone is being established.

UPDATE 1:26 p.m.: Mercy Flight #5 has landed. The passenger and driver of the motorcycle suffered non-life-threatening injuries. The driver of a Kia Soul appears to be uninjured. According to a witness at the scene, the Kia stopped at the intersection, started to move, stopped again, then pulled directly in front of the motorcycle, which T-boned the car. The witness said "I couldn't believe it." The motorcycle left a long skid mark on the roadway prior to the crash.

UPDATE 1:32 p.m.: Traffic control was moved to Route 33 and Seven Springs Road. The damaged motorcycle is stuck in the roadway and won't roll so a tow truck has been called to remove it.

Shane Zimblis, 46, of Buell Street, Batavia, is charged with fourth-degree criminal mischief and criminal obstruction of breathing. Zimblis was arrested following a manhunt yesterday morning that involved deputies and troopers and two K-9s in the area of Wortendyke Road, Batavia. The alleged crime was first reported at 1 a.m., Tuesday, and Zimblis was located around 7:30 a.m., reportedly attempting to flee on a motorbike in the wooded area near Wortendyke and Rose Road. He eventually was taken into custody by Deputy Kevin McCarthy after walking out to the parameter of the search area. Assisting were Deputy Andrew Hale, Deputy Lonnie Nati, Deputy Patrick Reeves, Deputy Chris Erion with "Destro," Trooper Eric Daigler, Trooper Palizay, Trooper Frank Veletta and K-9 "Paris." Zimblis was jailed on $500 bail. (Initial Post)

Elaine Heather Gearman, 31, of Park Street Arcade, and Douglas Robert Pasinski, 33, of Middle Road, Springville, are charged with petit larceny. Gearman and Pasinkski are accused of shoplifting from the Dollar General in Corfu.

Lachian Case Kellogg, 23, of Lancaster Avenue, Buffalo, is charged with aggravated unlicensed operation, 3rd. Kellogg was arrested on a warrant out of City Court and jailed on $1,000 bail.

Batavia's two girls 12U fast-pitch softball teams got to play for the first time yesterday on the field at Genesee Community College, which Coach Matt Landers said was a real treat for the girls.

Sophia Papponetti got the win on the mound for the Batavia Black squad, with Emma Bigsby taking the loss Batavia Yellow. Landers said it was a close game until the sixth when Batavia Black broke open the game to secure a 19-11 win.

Submitted photos and information.

An unmarked gas line has been struck and ruptured at 6249 Batavia-Elba Road, Byron.

Byron and South Byron fire departments responding.

UPDATE 9:20 a.m.: Traffic is being shut down at Casewell and Route 232, and Route 237 and Route 262.

This dog was found on Reed Road in Bergen this morning. It's only tag is a rabies tag from Texas. Stacy Stanton found the dog and said the dog is very sweet. She called Animal Control and was keeping the dog this morning until an officer picked up the dog.

UPDATE: Owner and dog have been reunited.

Batavia City School District:

Budget - $49,870,585 (increase of $5,504,146 or 12.41%: $0.00 increase in tax levy)
Yes - 374 (81.84%)
No  - 83 (18.16%)

Establish $7.5 Million 10 Year Capital Reserve 2017 -
Yes -  370 (80.96%)
No -    87 (19.04%)

Board of Education positions (2):
Two terms from July 1, 2017 to June 30, 2020 
Barbara Bowman, 293
Tanni Bromley, 279

Oakfield-Alabama Central School District
Proposition #1-Budget
Yes:  297
No: 53

Proposition #2-Buses
Yes: 290
No: 60

Proposition #3-Athletic Equipment
Yes:  258
No: 92

Proposition #4-Capital Reserve Fund
Yes:  288
No: 59

Board Members (Three Vacancies)
Chris Haacke, 208
Bonnie Woodward, 171
Jennifer Kirkum, 170
Tim Edgerton, 162
Andrew Merkel, 142
Bruce Pritchett      141

Elba Central School District

Proposition #1 Budget - $9,273,839
Yes: 136
No: 26

Proposition #2 – Authorization to establish the 2017 General Capital Reserve Fund 
Yes: 132
No: 29

Proposition #3 – Authorization to appropriate and expend from Transportation Vehicle and Equipment Capital Reserve to purchase one (1) 65 passenger school bus
Yes: 134
No: 28

Two Board of Education seats with two candidates running:
Travis Torrey, 149
Michael Augello, 134

Byron-Bergen Central School District

Proposition 1, Budget
Yes: 327
No: 153

Proposition 2:  Bus purchase
Yes: 340
No: 150

I actually shot this photo late Sunday afternoon off Route 262 in Byron but didn't get a chance to process it until tonight.

The day at Oakfield-Alabama Elementary School was dedicated to leadership, with several classroom events built around themes from Stephen Covey's book, "The 7 Habits of Highly Effective People," such as "Think Win Win," "Be Proactive," Put 1st Things 1st," and "Begin with the End in Mind."

There were also musical performances from both middle school and high school students, and a talent show, along with a student-parent picnic in the gym.

Members of Troop A, State Police, based in Batavia, honored the men and women who have died in the line of duty while serving and protecting the people of Western New York in a service at the Batavia Barracks today.

Troop A Commander, Major Steven Nigrelli, said: "The Fallen Troopers did not wear capes, hit walk off homeruns are defend Earth from aliens, those are Hollywood Heroes; These Troopers are real American Heroes.

"They simply died doing what they swore an oath to do, the service and defend the public -- even in the face of peril and personal danger."

(In photo above, Trooper Dean Nolte and K9 "Weltz.")

To purchase prints, click here.

Plans continue to move forward for construction of the Ellicott Trail, a 4.6-mile, east-west pedestrian and bicycle path through the Town of Batavia and around and in the City, connecting parks and other points of interest.

Yesterday, the County's Public Service Committee recommended approval of an inter-municipal agreement between the Town and the County to construct the portion of the path through DeWitt Recreation Area, with a bridge over some wetlands.

The path will pass north of the lake and come out at Route 5 near the Tractor Supply store.

The bridge would be made of aluminum, said Highway Superintendent Tim Hens.

"We wanted to avoid pressure-treated timber because when it gets wet it gets slimy and slippery," Hens said.

The bridge cost is $85,000 plus $30,000 in in-kind county labor expense, which will assist the Town of Batavia in meeting matching funds requirements for grants.

The funds will come from capital reserves already set aside for improvements to the park.

"It's a pretty sharp bridge," Hens said.

The total Ellicott Trail project is expected to cost $1.7 million, and 80 percent of the cost will be covered by a state grant.

For prior coverage of the Ellicott Trail, click here.

A subject who is wanted in connection with possible criminal mischief complaint stemming from an argument is trying to evade deputies in the area of Wortendyke Road, Batavia.

He reportedly tried escaping on a dirt bike but now may be pushing the bike through the mud.

A State Police bloodhound K-9 has been dispatched to assist in the search.

"We're not suggesting she live in luxury," said Public Defender Jerry Ader. "We're only talking about a residence that is not her daughter's couch."

In an accounting of Heidi L. Schollard's expenses, Ader says she's paying her daughter $250 a month to help with rent, plus utilities and transportation costs (Schollard is working for a temp agency, but doesn't own a car, so her daughter provides transportation.). With all of Schollard's other expenses, she still has about $742 left over, but she is unable to save enough for first month's rent and security deposit. 

Ader said she is seeking not only a possible reduction in monthly restitution, but also at least a month's break from payments so she can save enough to move. 

County Court Judge Charles Zambito said he did have enough information and detail to make a determination on the request. The case was continued to give Ader time to gather more documentation. 

Zambito said Schollard was entitled to the court's consideration for reasonable restitution.

District Attorney Lawrence Friedman opposed any modification. He said the circumstances of Schollard's case hasn't changed since the day five years ago when then Judge Robert Noonan issued the $500-a-month order. 

The fact that Schollard has $742 left over each month might mean she can actually afford to pay more and paying restution shouldn't be easy, says Friedman.

"Considering the age of the victims in this case, she could pay double the current amount and still not make any substantial restution in their lifetimes," Friedman said.  

Friedman expressed concern that in a revised monthly budget, any speculation about her rent could lead to her saying she found an apartment she wanted at $700 a month. 

Ader said the revised affidavit would not contain any speculation. 

Schollard stole the money from two elderly victims between 2006 and 2011. She pled guilty in 2012 to three counts of grand larceny, 3rd, which are Class D felonies, and a single count of grand larceny, 4th, a Class E felony. She was sentenced to the maximum possible prison term by Noonan. 

Friedman said Schollard is already on shaky ground for alleged willful failure to pay restitution and could face a return to prison as things stand. Ader disputed that point, but said he would argue it, if necessary, at a future date. 

By this point, Schollard should have paid $1,500. She's paid $1,200.

(Inset is a file photo of Heidi L. Schollard.)

Voters will be asked tomorrow whether they support the 2017-18 Batavia City Schools budget, with a spending plan of $49,870,585.

That's an increase of 12.41 percent over last year, due entirely, school officials say, to a change to record debt service expenditures in the general fund as recommended by the comptroller's office.

Even so, local property owners will not be hit with an increase in school-related property taxes. The property tax levy isn't being increased at all.

This is the fourth straight year the district's tax levy is below the state's increase cap, so homeowners will be eligible for a state property tax rebate, sent directly to homeowners in the fall of 2017.

The budget represents a $10,859 per student in general education, $28,502 per Special Education student, or $19,241 per student on average. All three figures are below state averages, which are $11,949 and $30,667 and $22,536, respectively.

Of the district's total revenue, more than 52 percent comes from state and federal aid. The tax levy is 37.1 percent of total revenue. This budget calls for use of $2.7 million of fund balance (reserves).

Polls are open Tuesday, May 16, from 7 a.m. to 9 p.m. at Robert Morris (residents north of Route 5) and Batavia High School (residents south of Route 5).

Two 16-year-olds, one a resident of Jerico Road, Bergen, and the other a resident of Shady Lane, Batavia, are charged with criminal mischief, 3rd. The youths are accused of using a sledgehammer to damage a concrete picnic table and bench seats in Hickory Park, Bergen, causing more than $250 damage.

Brian Wayne Giambrone, 27, of Byron Holly Road, Byron, is charged with unlawful possession of marijuana. Giambrone was stopped at 11:42 p.m., Friday, on Route 237, Stafford, by Deputy Howard Wilson.

Ahmed Dhalfallah Alshami, 37, of Ludington Street, Buffalo, is charged with aggravated unlicensed operation, 2nd. Alshami was arrested on a warrant for alleged failure to appear on his case in Pembroke Town Court. He was jailed on $3,000 bail or $5,000 bond.

Tony Gene Marsh, 47, East Boston Road, Mamaroneck, is charged with unlawful possession of marijuana. Deputy Jeremy McClellan was dispatched Lewiston Road, Alabama, to check on a report of a suspicious vehicle in the lane way of a farm field. Marsh was allegedly found in possession of marijuana and smoking paraphernalia.

Stephanie Ann Bonin, 22, of Denio Street, Batavia, is charged with petit larceny. Bonin was arrested on a warrant for alleged violation of probation and jailed on $5,000 bail.

A caller has a pig cornered at 3600 Batavia-Oakfield Townline Road.

A deputy who has responded is going to check with neighbors to see who might have lost a pig.

UPDATE 9 p.m.: It sounds like the pig's owner has been located.

A 57-year-old man was pronounced dead at he scene this afternoon after the 2002 Ford F-150 he was driving struck a power pole in the area of 7032 Route 262, Bergen. 

Charles R. Grower, of Scottsville, was eastbound when his pickup truck left the south side of the road and struck the pole.

Power is still out in the area as a result of the crash. The traffic light at Route 237 and Route 33 is without power and law enforcement is on scene directing traffic. 

The initial dispatch was for Byron and South Byron fire departments, but a Bergen chief responded after it was determined that the accident was in Bergen's district. 

Mercy EMS was also dispatched, but soon after the initial dispatch, responding units were told to proceed non-emergency. 

Live power lines kept responders away from the vehicle until National Grid could arrive on scene. 

The accident is under investigation. The cause has not been determined and a medical emergency has not been ruled out pending autopsy.