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Trio facing felony charges after fleeing conservation officer in Stafford

By Howard B. Owens
Zachary Hursh Alexander Scheg Jason Schmeer

A possible environmental conservation violation on Horseshoe Lake Road in Stafford turned into a two-county criminal pursuit and the eventual arrest of three men on various felony charges on Monday night, according to the Sheriff's Office.

Taken into custody:

Zachary P. Hursh, 37, of Rochester

  • Criminal possession of stolen property 3rd
  • Unlawful fleeing of a police officer
  • Criminal possession of a controlled substance 7th
  • Obstructing governmental administration 2nd
  • Reckless driving among other traffic violations.

Alexander D. Scheg, 27, of Byron

  • Criminal possession of stolen property 3rd
  • Criminal possession of a controlled substance 7th
  • Obstructing governmental administration 2nd

Jason R. Schmeer, 41, of Rochester

  • Criminal possession of stolen property 3rd
  • Criminal possession of a controlled substance 7th

According to the Sheriff's Office, a DEC conservation officer stopped to investigate a possible violation of conservation law in the area of Horseshoe Lake and Sanders road at 10:19 p.m., Monday, and when she attempted to make contact with a suspect vehicle by activation of her emergency lights, the vehicle fled the area. 

Deputies then joined the pursuit and successfully deployed spike strips at Route 237 and Route 33 in Stafford.  

The vehicle continued to flee at a high rate of speed, failing to yield to emergency vehicles operating lights and sirens.

The Orleans County Sheriff's Office was informed the pursuit.

The vehicle failed to negotiate a turn onto Glidden Road in Clarendon going off the north shoulder of the roadway and striking a street sign and utility pole. 

The vehicle was no longer operational and two occupants, including the driver, fled on foot.

A third person, Schmeer, was in the back seat and immediately taken into custody. 

A search ensued involving deputies from both counties, troopers, Albion police, and Batavia PD Officer Stephen Quider and his K-9 "Batu."  The conservation officer deployed K-9 "Handley."

A short time later, the passenger, ID'd as Scheg was located in a heavily wooded area.

Hursh was subsequently located in a nearby residential garage.

Upon investigation, officers determined the vehicle the trio fled in, a 2017 Honda Civic, was allegedly stolen from Rochester.  The vehicle allegedly contained cocaine and drug paraphernalia. 

All three suspects were arraigned in the Town of Stafford.  Hursh and Schmeer were ordered held in jail based on having two or more previous felony convictions. Scheg was released on the new charges but held in the Genesee County Jail on a City of Batavia warrant.

Photo: Drainage pipe snowman

By Howard B. Owens

The folks at Alleghany Farm Services in Basom made a snowman out of agricultural drainage pipe.

Photo submitted by Michelle Battaglia 

Workforce Development Board honors participants while GCEDC announces new jobs program

By Howard B. Owens

Aaron Barnum was among several honorees Thursday morning at Terry Hills by the Genesee-Livingston-Orleans-Wyoming Workforce Development Board for their achievements in workforce development.

For Barnum, he was honored as a participant who found success working for GO Art! and Genesee Orleans Arc, which eventually led to a permanent job at Arc.

Other awards in Genesee County was Business of the Year to GCEDC for the agency's efforts in workforce development and Shannon Yauchzee for program participation.  There were also awards to individuals, businesses, and agencies in the other three counties.

Chris Suozzi, VP of business development for GCEDC, also spoke with The Batavian about GCEDC's workforce development efforts, which include apprenticeship programs, job shadows, and the annual GLOW With Your Hands event at the Genesee County Fairgrounds.

He also announced a new program set to begin in June called Cornell in High School.  GCEDC is seeking 40 students to participate, initially at Batavia HS and BOCES but other schools may be included to help achieve the goal of 40 participants.  Cornell will provide training, paid for by GCEDC at a cost of $500 per student, in dairy science and sanitation. The goal is to prepare career-minded students with knowledge and skills they can use to get work right after graduation in the county's food processing facilities. 

Each student who successfully completes the program will receive a certificate from Cornell

"That's kind of the things we're trying to do ... come up with new ideas that are meeting the needs of our employers, especially the big employers," Suozzi said.

Police continuing to seek whereabouts of Devon Wright

By Howard B. Owens
Devon Wright

Devon Wright remains a fugitive, according to Chief Shawn Heubusch, Batavia.

Wright, who entered a guilty plea to multiple charges during a trial on Nov. 16, is wanted on two warrants.

The public's assistance is being sought in locating Wright.

Wright is accused of shoving two females on Nov. 27 while at a location on Central Avenue and of tampering with the property of one of the women by throwing it all over the residence.

He is also wanted for violating his terms of release following his guilty plea on counts of attempted criminal possession of a weapon 2nd, assault 3rd, attempted assault 1st, and criminal sexual act 4th.

The plea came during a rare two-defendant trial.  A jury would eventually find Wright's co-defendant, Jacob Sponaugle guilty of attempted murder, along with other changes, in connection with a shooting outside the Days Inn in Batavia in July 2020.

Anyone with information on Wright's whereabouts is asked to contact the Batavia Police Department at 585-345-6350, the confidential tip line at 585-345-6370.

Law and Order: 61-year-old Batavia man accused of driving under influence of drugs

By Howard B. Owens

Dana Michael McGill, 61, of Maple Street, Batavia, is charged with criminal possession of a controlled substance, driving while impaired by drugs, moving from lane unsafely, speeding, failure to obey traffic control device. On Aug. 8, at 2:29 a.m., on Townline Road, Byron, McGill allegedly failed to yield to the lawful command of a police officer and led deputies on a vehicle pursuit.  At the conclusion of the pursuit,  officers suspected he was driving under the influence of a drug and that he was allegedly found in possession of a controlled substance.  He was arraigned in Byron Town Court and released on an appearance ticket.

Brian J. Miller, 40, of Ellicott Street Road, Bethany, is charged with criminal mischief 4th, obstructing governmental administration 2nd, and menacing 3rd. Miller was allegedly involved in a physical altercation with another person at a residence on Ellicott Street Road at 10:51 p.m., Wednesday. He allegedly fled the scene into a wooded area prior to the arrival of deputies. Deputy Andrew Mullen and K-9 "Frankie" were called to the scene and located Miller. He was arraigned in Town of Batavia Court and released on his own recognizance.  Also assisting in the case were Sgt. Mathew Clor and Officer Peter Flanagan, Batavia PD.

Thomas James Leonard, 38, of West Main Street Road, Batavia, is charged with burglary 3rd and petit larceny. Leonard is accused of stealing merchandise from Walmart. He was arraigned in Town of Batavia Court and released.

Genesee County sees sharp decline in active COVID-19 cases

By Howard B. Owens

While there have been 307 new positive COVID-19 cases in Genesee County in the current reporting period, there has been a sharp decline overall in the number of current active cases since Nov. 22, when there were 397 active cases.  

As of today's report, there are 243 cases, with 30 of those people in the hospital.

The current reporting period, with 307 new cases, covers from Nov. 22 through Nov. 29, indicating recoveries over the past two days have outpaced new cases.

Between Nov. 22 and Nov. 29, there were 459 people removed from mandatory isolation due to a previous positive test.

One more person died during the week, bringing the total number of COVID-19-related deaths to 300 in Genesee County.

Police looking for Devon Wright with new charges pending against multiple felony offender

By Howard B. Owens
Devon Wright

Devon Wright, who entered a guilty plea to multiple charges during a trial on Nov. 16, is wanted by Batavia PD on two warrants and police are seeking the public's assistance in locating the fugitive.

Wright is accused of shoving two females on Nov. 27 while at a location on Central Avenue and of tampering with the property of one of the women by throwing it all over the residence.

He is also wanted for violating his terms of release following his guilty plea on counts of attempted criminal possession of a weapon 2nd, assault 3rd, attempted assault 1st, and criminal sexual act 4th.

The plea came during a rare two-defendant trial.  A jury would eventually find Wright's co-defendant, Jacob Sponaugle guilty of attempted murder, along with other changes, in connection with a shooting outside the Days Inn in Batavia in July 2020.

Anyone with information on Wright's whereabouts is asked to contact the Batavia Police Department at 585-345-6350, the confidential tip line at 585-345-6370.

Deputies association raises $1,900 for Genesee Cancer Assistance in 'Movember'

By Howard B. Owens

The Genesee County Deputy Sheriff's Association, in cooperation with Sheriff William Sharon, raised $1,900 for Genesee Cancer Assistance in 'Movember.'

Members of the association were allowed to grow beards in November in exchange for a $100 donation to GCA.  In total, 19 members of the association participated.

The BHS Drama Club presents The Adventures of Sherlock Holmes

By Howard B. Owens

The BHS Drama Club presents three performances this weekend of The Adventures of Sherlock Holmes.

The play is a mystery adapted by Jon Jory.

Performances are at 7 p.m., Friday, 7 p.m., Saturday, and 2 p.m. on Sunday.

Tickets are $9 in advance or $10 at the door. For advance tickets visit www.showtix4u.com (advance sales close one hour before the event).

The play is presented in the round on the stage of the Batavia HS auditorium.

Event Date and Time
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The BHS Drama Club presents The Adventures of Sherlock Holmes

By Howard B. Owens

The BHS Drama Club presents three performances this weekend of The Adventures of Sherlock Holmes.

The play is a mystery adapted by Jon Jory.

Performances are at 7 p.m., Friday, 7 p.m., Saturday, and 2 p.m. on Sunday.

Tickets are $9 in advance or $10 at the door. For advance tickets visit www.showtix4u.com (advance sales close one hour before the event).

The play is presented in the round on the stage of the Batavia HS auditorium.

Event Date and Time
-

The BHS Drama Club presents The Adventures of Sherlock Holmes

By Howard B. Owens

The BHS Drama Club presents three performances this weekend of The Adventures of Sherlock Holmes.

The play is a mystery adapted by Jon Jory.

Performances are at 7 p.m., Friday, 7 p.m., Saturday, and 2 p.m. on Sunday.

Tickets are $9 in advance or $10 at the door. For advance tickets visit www.showtix4u.com (advance sales close one hour before the event).

The play is presented in the round on the stage of the Batavia HS auditorium.

Event Date and Time
-

BHS Drama Club presents Sherlock Holmes play

By Howard B. Owens

The BHS Drama Club presents three performances this weekend of The Adventures of Sherlock Holmes.

The play is a mystery adapted by Jon Jory.

Performances are at 7 p.m., Friday, 7 p.m., Saturday, and 2 p.m. on Sunday.

Tickets are $9 in advance or $10 at the door. For advance tickets visit  https://www.showtix4u.com/event-details/58348 (advance sales close one hour before the event).

The play is presented in the round on the stage of the Batavia HS auditorium.

Possible serious injury accident reported on Route 98

By Howard B. Owens

A serious injury accident, possibly involving a child, is reported at Route 98 and Lockport Road, Elba.

Elba Fire and Mercy EMS dispatched. Mercy Flight responding.

One vehicle is blocking.  Traffic on Route 98 is being shut down.

UPDATE 8:05 p.m.: A 6-year-old girl was ejected from the back passenger seat and down a steep hill into a field.  She was flown by Mercy Flight to an area hospital as a precaution and is being kept for observation, said Sgt. Andrew Hale. The vehicle she was riding was westbound on Lockport Road and allegedly failed to yield the right of way to a southbound sedan.  The first car then struck a guard rail, which apparently caused the child to be ejected. The child may not have been in a car seat. Potential charges are pending, Hale said. The sedan struck a southbound car.  Neither driver was injured and a second child in the first car was not injured.

UPDATE Tuesday, 10:46 a.m.: The investigation, according to the Sheriff's Office, indicates a 2007 Honda Civic driven by Mikayla Bard, from Brockport, was westbound on Lockport Road when it allegedly failed to stop at a stop sign. It collided in the middle of the intersection with a 2008 Toyota Prius driven by Faez Alsaddi. A passenger in the Honda was ejected from the vehicle. Alsaddi was uninjured. Bard and another passenger in the vehicle were transported by Mercy EMS to Strong Memorial Hospital with apparent minor injuries. The child passenger who was ejected was transported to Strong via Mercy Flight. Reports from the hospital back to the Sheriff's Office indicate she suffered only minor injuries.  Alcohol does not appear to be a factor.  The crash is being investigated by Chief Deputy Brian Freiday, Sergeant Andrew Hale, Investigator Kevin Forsyth, Deputy Richard Schildwaster, Deputy Travis DeMuth, Deputy Andrew Mullen, and Deputy Nicholas Chamound.  Assisting at the scene were Elba Fire, Oakfield Fire, Barree Fire, Mercy EMS, and the State Police.

Law and Order: Devon Wright charged with resisting arrest earlier on day he entered guilty plea

By Howard B. Owens

Devon A. Wright, 20, of Batavia, is charged with resisting arrest and obstructing governmental administration.  Wright is accused of resisting arrest during an attempt by police officers to execute a bench warrant at 4:29 a.m., Nov. 16. (Later that day he entered a guilty plea to felony charges to avoid further proceedings in a criminal trial). Wright was issued an appearance ticket.

Arron J. McFollins, 42, of Batavia, is charged with criminal contempt 2nd. McFollins is accused of twice violating a court order at 12:48 p.m., Oct. 27.  He was released on an appearance ticket.

Anthony S. Brooks, 31, of Batavia, is charged with harassment 2nd. Brooks is accused of throwing a thermos at another person during an argument at a location on East Main Street, Batavia.  He was issued an appearance ticket.

Ricky Albanese, 54, of Hunt, is charged with grand larceny 3rd. Albanese is accused of working as an Amish furniture salesman while collecting Genesee County Mental Health disability payments.  During the time he was working in sales, he allegedly collected $38,684.18 in payments.  He was arrested on a warrant on Nov. 12 by Sheriff's Investigator Joseph Loftus. He was arraigned in City Court and released on his own recognizance.

Tyler Even Ryan Deleys, 28, of West Main Street Road, Batavia, is charged with DWI, driving with a BAC of .08 or greater, speeding, plate display violation, failure to obey traffic control device. Deleys was stopped at 1:18 a.m., Sunday, on West Main Street Road, Batavia, by Deputy Austin Herbelein.

Scott Patrick Simmons, 25, of Brewster Street, Depew, is charged with burglary 3rd, criminal trespass 3rd, petit larceny, and false personation.  Simmons is accused of stealing merchandise from Walmart at 4:07 p.m., Saturday.

Matthew M. Vanvorce, 33, of Vestal, is charged with DWI and driving with a BAC of .08 or greater. Vanvorce was stopped at 6:04 p.m. in the Town of Batavia by a State Police trooper.  He was issued an appearance ticket.

Photos: Drive-thru Christmas light at steam show grounds in Alexander

By Howard B. Owens

the Western New York Gas & Steam Engine Association is hosting its second-annual drive-thru Country Christmas Light display at the showgrounds, 3000 Walker Rd., Alexander.

The show is on display every Friday and Saturday night through Dec. 18 from 5 to 9 p.m.  

The cost is $10 per vehicle and $20 for larger vans and buses (cash only).

For more information like our Facebook page or visit www.alexandersteamshow.com

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OAE falls to Tioga 49-6 in state semifinal

By Howard B. Owens

Tioga brought to an end a great 2021 run by the Oakfield-Alabama/Elba Aggies on Friday with a 49-6 win in a state semifinal game.

For OAE, Gage Armbrewseter gained 67 yards on 16 carries.  Connor Scott scored a touchdown on two carries for 67 yards. Noah Currier gained 44 yards on seven carries. On defense, he had nine tackles.

" While this one may sting for the time being, we cannot let a single bad night take away from everything these boys were able to accomplish this season," said Head Coach Tyler Winter. "After some tough years early in our merge, and a stint in 8-man football, these boys have put the OAE Aggies on the map at the New York State level.  I could not be more proud of their efforts, their commitment, and the love they had for one another throughout the journey.  The way this group brought two communities together the way that they did is indescribable.  This journey truly was a privilege, one full of memories that they will get to carry with them for the rest of their lives.  Your Class D Sectional and Regional champions.  Two communities.  ONE FAMILY."

Photos by Kristin Smith.  For more, click here.

 

Grand Jury Report: Man accused of using a knife to cause serious physical injury

By Howard B. Owens

Michael T. Martinez is indicted on two counts of criminal possession of a weapon in the third degree, attempted assault in the second degree, assault in the second degree, menacing in the second degree, and two counts of harassment in the second degree. Martinez is accused of possessing a knife and a metal pipe on July 21 with the intent to use it against another person.  He is accused of attempting to cause serious injury to another person. He is accused of causing serious injury to another person. He is accused of having unlawful physical contact with two different people.

Shacerie M. Rivera is indicted on counts of assault in the second degree, criminal possession of a weapon fourth, and obstructing governmental administration.  Rivera is accused of using a knife on July 13 to cause serious injury to another person.  Rivera is also accused of using force to prevent a government agent from performing the agent's lawful duties.

Pamela A. Morrow is indicted on counts of felony DWI and felony driving with a BAC of .08 or greater. Morrow is accused of driving drunk July 21 on Linwood Road, Le Roy while having a prior DWI conviction within 10 years.

Justice C. Coniglio is indicted on counts of assault in the second degree, resisting arrest, and obstructing governmental administration.  Coniglio is accused of causing physical injury to a police officer while the offer was carrying out official duties.

Jason M. Fitzpatrick is indicted on counts of criminal possession of a weapon in the third degree, criminal mischief in the third degree, obstruction of governmental administration in the second degree, and unlawful fleeing a police officer. Fitzpatrick is accused of possessing a billy club at a location on Fox Road, Oakfield, on May 24, with the intent to use it against another person.  He is accused of damaging crops in a field with a value exceeding $250. He is accused of preventing a police officer from performing official duties and of fleeing from the police officer.

Jarrett C. Coniglio is indicted on counts of aggravated unlicensed operation in the first degree, felony DWI, three counts of forgery in the second degree, and criminal impersonation in the second degree. Coniglio is accused of driving without a license and while drunk on Judge Road, Alabama, on May 7. He is accused of signing the name "Grayson B. Ground" on official government documents in an attempt to conceal his real identity.

Shawn D. Myers is indicted in counts of criminal sexual act in the first degree, of sexual abuse in the third degree, and sexual misconduct. Myers is accused of engaging in anal sexual conduct by forcible compulsion and of sex with another person who was incapable of consent because the person was less than 17 years old.

Michael L. Jackson, Jr., is indicted on counts of burglary in the first degree, strangulation in the second degree, assault in the second degree, unlawful imprisonment, and assault in the third degree. Jackson is accused of entering a dwelling with the intention of committing a crime and causing a physical injury to another person in the dwelling by means of strangulation. 

Alex S. Dumbelton is indicted on counts of aggravated family offense and two counts of criminal contempt in the second degree. Dumbleton is accused of violating court orders.

Melton J. Chisom is indicted on counts of criminal possession of a weapon in the third degree, menacing in the second degree, and assault in the second degree. Chisom is accused of possessing a knife with intent to cause serious physical injury on June 24 in the City of Batavia and did allegedly injury another person.

Robert L. Williams is indicted on counts of felony DWI, felony driving with a BAC of .08 or greater, and aggravated unlicensed operation.  Williams is accused of driving drunk in the City of Batavia on June 13 while having a prior DWI conviction within 10 years.

Aaron J. McFollins is indicted on counts of grand larceny in the fourth degree, identify theft in the third degree, and petit larceny. McFollins is accused of stealing a Discover card belonging to another person and using to it obtain goods.

Justin P. Porter is indicted on counts of criminal possession of a controlled substance in the third degree, conspiracy in the fourth degree, tampering with physical evidence, criminal possession of a controlled substance in the seventh degree, false personation, and obstructing governmental administration.  Porter is accused of possessing cocaine on April 11 in the Town of Bergen with the intent to sell it.  He is accused of trying to conceal evidence. He is accused of misrepresenting his real name. He is accused of trying to prevent a government official from performing his official duties.

Nicholas M. Maher is indicted on a count of murder in the second degree.  Maher is accused of killing Martin D. Maher on Oct. 15 in the Town of Oakfield.

Roger K. Brinkman is indicted on 52 counts of rape in the first degree and 64 counts of sodomy in the first degree. Brinkman is accused of having sexual intercourse with a person multiple times between July 2020 and June 2021 by forcible compulsion and of engaging in deviate sexual intercourse with another person who was not married to the Brinkman through contact with Brinkman's mouth and the victim's vulva by forcible compulsion on multiple occasions.

Former City Schools employee accused of producing and distributing child pornography

By Howard B. Owens
Derek Hagen

A 29-year-old resident of Batavia, and teacher in WNY, has been accused by Federal authorities of producing and distributing child pornography.

Derek Hagen faces from five to 30 years in Federal prison if convicted.

Assistant U.S. Attorney Kyle P. Rossi, who is handling the case, stated that according to the complaint, in September 2020, Snapchat sent a cyber tip to the National Center for Missing and Exploited Children (NCMEC) regarding a user that had uploaded images of child pornography to a group chat. After tracing the user to Western New York, NCMEC alerted the New York State Police, who subsequently identified the defendant.

On July 20, investigators confiscated two computers and a cell phone from an apartment Hagen kept in Mount Morris.

A forensic analysis uncovered a pattern of child exploitation activity on the devices with the defendant actively producing and distributing child pornography in online chats.

During the chats, Hagen and the other individuals traded child pornography and discussed specific children that they had sexually abused or wanted to sexually abuse. To date, analysts have allegedly recovered approximately 50,000 images and videos of child pornography on Hagen’s devices.    

The complaint further states that the defendant worked in several teaching, substitute teaching, and child-care positions in the Western District of New York, including at the Brockport Childhood Development Center, the Batavia City School District, the Pembroke Central School District, and most recently with the Dansville Central School District.

Members of the public who have information related to this case are asked to contact Homeland Security Investigations at (716) 464-6070 or hsibuffalotips@ice.dhs.gov.

The criminal complaint is the result of an investigation by the New York State Police, under the direction of Major Barry Chase, Homeland Security Investigations, under the direction of Acting Special Agent-in-Charge Matthew Scarpino, and the National Center for Missing and Exploited Children.           

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