Brandon Rebert won another local 5K today. This time the Turkey Trot in Oakfield, hosted by the Caryville Inn. He finished with a time of 18:02.
Kim Mills, also a regular winner of local 5Ks, was the top female runner today.
One of the tricky issues for the Le Roy Central School District in navigating protocols during the age of COVID is that neighboring jurisdictions often have different requirements than present in Genesee County, Superintendent Merritt Holly informed the Board of Education on Tuesday.
For example, at the start of the new year, RIT will require every person who comes on campus for any event to show proof of vaccination. That means every coach and athlete from Le Roy who participates in winter track and field will need to be vaccinated in order to compete in events at RIT, even though Le Roy doesn't have a vaccine requirement.
Any team that wins enough and reaches state championship athletic events will find every participant must be vaccinated to compete.
A memo Holly provided to school board members provides a timeline of shifting rules and guidance as knowledge of the pandemic has evolved and health leaders have sought to provide the best guidance as possible.
That has sometimes created confusion, Holly acknowledged.
"One piece of thought, again, schools from county to county, interpretations of what this course is, this space, this contact tracing, so on so forth, can be different," Holly said. "Therefore, it can cause issues, equity issues, questions of why. But I think the bottom line is the data should then show are these measures working to keep us in school."
The briefing, Holly said, was to enable board members to get a complete picture of what is going on so they can come to the board's December meeting with any questions they might have at that point.
To read the full memo, click here (pdf).
A two-car motor vehicle accident is reported in the area of 229 West Main St., Batavia.
Possible injuries. A pregnant female is reported as one of the occupants. Medics requested to the scene for evaluations.
City Fire and Mercy EMS dispatched.
UPDATE 5:13 p.m.: One minor injury, requesting an evaluation.
UPDATE 5:20 p.m.: The vehicles have been moved into a parking lot.
Le Roy High School's Section V champion volleyball team was presented with certificates from the Board of Education at the start of Tuesday's meeting honoring their accomplishment.
Photo submitted by Tim McArdle.
Specialist Four Clarence "C. Jay" Hall, a graduate of Pembroke HS, was mortally wounded in Vietnam on Oct. 7, 1969, while allowing his comrades to achieve cover while under heavy fire.
As a result, he was posthumously awarded the Silver Star.
He was honored in another way on Tuesday when Assemblyman Stephen Hawley and State Senator Ed Rath unveiled a marker commemorating a portion of Route 77 through Pembroke as SP4 C. Jay Hall Memorial Highway.
“The story of ‘C. Jay’ Hall’s sacrifice and bravery in the face of danger encapsulates the selfless spirit of our service members and is one that should be remembered for generations,” said Hawley. “Seeing the sign honoring his sacrifice unveiled today was a proud moment after working for so long to make it a reality, so I want to thank all of the local and state legislative partners I’ve worked with in the last year who helped make it happen for their dedication to getting this bill passed, as well as our local veteran organizations, who were of tremendous assistance in advocating for its creation.”
Rath also praised Hall's service and sacrifice in Vietnam.
"Ronald Reagan said, 'we're forever indebted to those who gave their lives so that we can be free,'" Rath said. "Our debt to C. Jay Hall can never be prepared but our gratitude and respect must last forever and endure the test of time. Naming and dedicating this roadway will remind all who pas here as free citizens, the sacrifice that Specialist 4 Clarence Jay Hall paid to guarantee our freedom."
Matthew Moscato, advisor to the Pembroke Veterans Outreach Club, with student Megan Stiles, who came up with the idea of honoring Hall and brought the idea to the Club and did much of the research that brought the project forward to the Legislature and other local leaders.
Celina Andreanna Desinord, 19, of Ridge Road, Rochester, is charged with attempted criminal mischief 4th, aggravated unlicensed operation 2nd, harassment 2nd, and unlicensed operation. At 12:50 a.m., Nov. 21, Deputy Jacob Gauthier observed a vehicle running in the parking lot of the Crosby's at 5267 Clinton Street Road, Batavia, and the operator asleep in the driver's seat. Upon investigation, the driver was identified as Celina Desinord, who allegedly presented a suspended identification card when asked for a driver's license. Desinord was placed in the back of a patrol vehicle and her vehicle was searched. A deputy reportedly found suspected narcotics. The substance is being sent to a lab for testing. The deputy spoke with Desinord. She is accused of spitting on the deputy. While the deputy was completing an appearance ticket, Desinord allegedly kicked the rear passenger window as well as the divider between the front and back seat at least 71 times. She also allegedly spit several times on the divider and the window. She was issued an appearance ticket.
Justin L. Pyatt, 33, of Silver Springs, is charged with criminal possession of stolen property 4th and petit larceny. Pyatt is accused of using a stolen credit card to make purchases in the City of Batavia. He was issued an appearance ticket.
James Carl Malone, 24, of South Pearl Street, Oakfield, is charged with criminal mischief 4th. Malone is accused of taking the mobile phone of another person in order to stop that person from calling 9-1-1 during a dispute in an incident reported at 2:19 p.m., Nov. 19.
There are currently more than 1,000 Genesee County residents drawing unemployment, according to data released by the state's Department of Labor today.
There are 28,300 people in the local labor force and of those, 27,200 are employed, making the current unemployment rate for October 3.6 percent.
The same as last month and down from a year ago when it was 4.6 percent.
A year ago, there were more than 1,300 people drawing unemployment.
The GLOW area unemployment rate is 3.7 percent, down from 4.7 percent a year ago.
The state's unemployment rate is 6 percent, down from 8.3 percent a year ago.
As for the total number of jobs in the county, there are currently 21,300 non-farm jobs, up from 21,200 a year ago.
After 30 years of service to the City of Batavia and its residents, Councilwoman Rose Mary Christian retired Monday with a reception in her honor before the regularly scheduled City Council meeting.
At the start of the meeting, she was presented with proclamations recognizing her service.
Photos and captions by Mike Pettinella.
Council members Kathleen Briggs and Eugene Jankowski Jr. present a proclamation to Christian, signifying her as an "advocate who had the best interests of the City of Batavia at heart."
Legislature Chair Rochelle Stein is joined by legislators Marianne Clattenburg, John Deleo and Gary Maha as the county honored Rose Mary Christian for her dedicated service. Those in attendance, including two of Christian's daughters and a grandson, chuckled on a few occasions when Stein referred to her as Mary Rose while reading the proclamation. Rose Mary is seated at left with her daughter, Raelene, and Ron Gibble.
Assemblyman Steven Hawley, before reading a proclamation that highlighted Christian's "faithful, conscientious and valuable service to the City of Batavia," compared Christian to former legislator Florence Gioia as someone "who believes in folks" and wanted to do all she could to help her neighbors.
Santa Claus made his annual visit this weekend to Oliver's Candies in Batavia. There will undoubtedly be many happy children come Christmas morning.
Photos submitted by Oliver's.
Top photo: Aurora Friesema & Lily Harder gave Santa a big hug.
Avery Nelson expressed her wishes to Santa.
Nate, Alana, and Kyle Mlyniec with Mr. and Mrs. Santa Claus.
First Santa visit for four-month-old Emmalynn Staub.
Oliver’s employees: Heather Cole, Renee Chapell, and Elizabeth Rindell.
Julie Heale with her granddaughter Rosalea Heale holding a bunny from WNY Tiny Petting Zoo.
Kennedy Pedraza, age 6, holding a bunny from WNY Tiny Petting Zoo.
Michael Robbins, 61, of Batavia, is charged with criminal possession of a controlled substance 7th. Robbins was allegedly found with an unidentified substance on him during an interaction with police at an incident at 7:20 p.m., Aug. 28. The substance was tested and found to allegedly contain methamphetamine and fentanyl. Robbins was arrested at the Genesee County Jail, where he is being held on other charges, and issued an appearance ticket.
Matthew W. Kurtz, Sr., 52, of Batavia, is charged with criminal mischief 4th, attempted assault 3rd, and harassment 2nd. Kurtz is accused of shoving another person and throwing an object at that person during a disturbance reported at 7:10 p.m., Nov. 16, at a location on Liberty Street, Batavia. He was arraigned in City Court and ordered released on his own recognizance.
Jesslyn F. Bigelow, 24, of Batavia, is charged with DWI, driving with a BAC of .08 or greater, driving without insurance, driving a vehicle with a suspended registration. Bigelow was stopped at 1:56 a.m., Nov. 13, on Jackson Street, Batavia by a Batavia patrol officer. Bigelow was issued traffic tickets.
Christine Caplis, no age or residence provided, is charged with theft of services. Caplis allegedly failed to pay for services provided by a local restaurant on Ellicott Street, Batavia, at 8 p.m., Nov. 4. She was issued an appearance ticket.
Ziyad Ziyad Alhojaji, 22, of Geraldine Parkway, Rochester, is charged with petit larceny. Alhojaji is accused of shoplifting from Walmart in Batavia. He was released on an appearance ticket.
Tonya Marie Weber, 37, of Liberty Street, Batavia, is charged with petit larceny. Weber is accused of shoplifting from Five Below on Veterans Memorial Drive in Batavia. Weber was released on an appearance ticket.
Michael R. Mullen, 37, of Oakfield, is charged with 10 counts of sex abuse, 1st (contact with a person less than 11 years old), course of sexual conduct, 2nd, with a child less than 11 years old, and 10 counts of endangering the welfare of a child. Mullen was arrested by State Police on Saturday. He was ordered held in jail. No further information released.
Theresa A. Gillette, 44, of East Rochester, is charged with petit larceny. Gillette is accused of stealing in Bergen in an incident reported at 10:51 p.m., Sept. 14. She was arrested by State Police and ordered held in jail. No further information released.
Sean M. Harloff, 31, of Farmington, is accused of grand larceny 4th. Harloff was arrested by State Police in connection with an incident reported at 12:53 p.m., July 6. He was ordered held in jail. No further information released.
Michaela R. Bohn, 22, of Batavia, is charged with burglary 2nd and criminal mischief 4th. Bohn was arrested by State Police in relation to an incident reported at 11:51 p.m., Nov. 10, in the Town of Batavia. She was released to a third party. No further information released.
The Oakfield-Alabama/Elba Aggies advanced toward every team's ultimate goal -- a chance to play for a state championship -- with 28-22 victory over Randolph in the Far West Regionals.
Bodie Hyde was 6-for-12 passing for 184 yards and three touchdowns in the Friday night game in Jamestown. He also had 107 yards rushing on 20 carries.
Gaige Armbrewster had 122 yards on 15 carries. Noah Currier had a TD reception and a rushing TD, gaining 110 yards on three receptions. Kameron Cusmano had a 44-yard TD reception. Kaden Cusmano had a 25-yard TD reception.
On Defense, Brayden Smith had 15 tackles and a forced fumble. CG Gottler had nine tackles and a sack. Connor Scott, five tackles, a pass breakup and a fumble recovery.
"This had to be our most impressive win of the season for sure," said Head Coach Tyler Winter. "This was a very physical game and Randolph was a very tough opponent.
"To overcome in the second half the way they did was impressive and admirable. Winning this game was a byproduct of their ability to take over the LOS (line of scrimmage) battle that we weren't winning in the first half and own it throughout the fourth quarter to finish the game. Overall, this team is just incredibly excited that they get to keep playing football. The show goes on!"
Photos by Kristin Smith. For more, click here.
Holland Land Office Museum in Batavia: 20th Annual Wonderland of Trees Gala
Max Pies Furniture recently completed a facade renovation that both modernized the look of the building and kept the store's retro look.
"This is a special day for us here at Max Pies Furniture today," said Steve Pies. "I personally grew up on the north side of town. This is the Southside of town where I spent a good portion of my adult life. I'm a big fan of the Southside going back to Pellegrino Bakery, the St. Anthony's lawn fete, and Kibbee Park. Huge thanks to VIele Construction, Ronnie and Paul Viele, for making this a reality today. We couldn't be happier with the new look and we kept the old-school sign flair."
After the official ribbon-cutting, retired County Manager Jay Gsell spotted a group of Jackson Primary students across the street and brought the giant Chamber scissors and some red ribbon over for the students to cut (photos below).
A group of parents gathered at Batavia High School last night to drop off shoes with anti-vaccine mandate messages.
Each pair of shoes, they said, represented a child who wouldn't be able to attend school if Assembly Bill 8378 passes.
The bill, introduced by Assemblyman Jeffrey Dinowitz (District 81), would require school-aged children to get vaccinated against COVID-19 in order to attend classes.
Jo Coburn, one of the organizers of the event said whether to get a child vaccinated should be a parental choice, an informed choice, she said.
"Operation Shoe Drop is a statewide silent protest that came about because of Dinowitz's bill mandating COVID vaccine for school-aged children," Coburn said. "It is still an emergency use. It's still not fully tested, and parents should have the right to choose."
When reminded that the Pfizer vaccine is now approved by the FDA, Coburn said, "they're still collecting data."
Which is true. It's also true that the VAERS database, operated by the CDC as an "early warning system" about adverse events (all reporters in the database are unverified and should not be used to draw conclusions about any vaccine), collects data on dozens of vaccines, some decades old. The research on vaccines, even ones approved by the FDA, never stops.
Coburn was reminded that the state has long mandated vaccines -- Baby Boomers remember being required to get the polio vaccine -- to attend school and she said, "There were exemptions until 2019. In New York State, there were exemptions for every single vaccine. And New York State is going to be the first state to mandate it for their kids and it should be available just for the children and the parents that want it. But it should be a choice."
According to the NYS Department of Health website, the list of required vaccines to attend public school include Diphtheria, Tetanus, Hepatitis B, Measles, Mumps, Rubella, Polio, and Chickenpox. The state still allows for medical exemptions.
A8378 was introduced by Dinowitz on Oct. 20 and referred to the Assembly's health committee and has only two co-sponsors.
According to the CDC, all three COVID-19 vaccines are considered safe and effective.
Press release:
St. Paul Lutheran School is proud to announce the Honor Roll and High Honor Roll for the 1st Marking Period of the 2021-2022 School Year. The following students have earned the Honor Roll:
Isabella Battaglia, Benjamin Forsyth, Syvonne Holliday, Caleb, Janis, Tomas Schrader, Korina Hodges, Eli Janis, Helen Schofield, Lucy Warren, Lillian McClellan, and Lilah Guarino.
The following students have earned the High Honor Roll:
Emma Clark, Abigail Varland, Mathew Mosher, and Cooper Parker.
Press release:
Kiwanis Club of Batavia is hosting its annual Thanksgiving Day Skate on Thursday, November 25th, 2021 from 9 am to 11 am at Falleti Ice Arena, 22 Evans Street, Batavia. The event includes FREE admission, skate rentals, and hot chocolate (while supplies last).
Two men from Rochester are being accused of running a check-cashing scam against a Batavia resident and one of them is facing a felony charge as a result.
Brian N. Miles, 25, is charged with attempted forgery 2nd, criminal possession of stolen property 5th, and criminal possession of a controlled substance 7th.
Marcus D. Snow, 23, is charged with conspiracy 5th.
On Monday, the Sheriff's Office received a report of somebody outside the ESL Federal Credit Union trying to solicit people to cash a check for them.
The scheme worked like this, according to the Sheriff's Office: The suspect asks a citizen to cash a check for them at a local bank under the pretense they do not have identification on them or that they are not a member. If the citizen agrees to cash the check, the citizen withdraws the deposited funds and the cash is turned over to the scammer. The suspect provides the mark with a small monetary sum for assisting them. The checks are either fraudulent or stolen and not backed by real U.S. currency. The citizen loses the money associated with the deposited check once the check bounces.
At the time of his arrest for allegedly executing such a scheme against a Batavia resident, Miles reportedly possessed crack cocaine.
Both suspects were released on appearance tickets since, under current NY law, their offenses do not qualify for a cash bail requirement.
As the Chamber of Commerce rolls into its golden anniversary year, the staff and leadership remain focused on the goals of promoting, supporting, and connecting its membership, said Eric Fix, chamber president, at the organization's annual meeting today at Terry Hills.
"We've always been here and we'll always be here to do what we do best as a chamber," Fix said.
It's been a busy year with the chamber promoting the local business community through social media, events, and publications.
It's also been a big year for ribbon cuttings, Fix said.
"The most famous item at the Chamber of Commerce is a 36-inch pair of scissors," he said. "The scissors came out in full force this summer. Genesee County is back in business."
The chamber added 54 new members in the past year.
He also announced that the annual home show returns on April 8, 9, and 10.
The 2021 Board of Directors:
The chamber will be celebrating its 50th anniversary with events throughout the coming year.
The testimony of Jason Whitehead and Crystal Schultz helped lead to the conviction of Jacob Sponaugle of attempted murder at the end of a three-day trial, said District Attorney Lawrence Friedman, who won a conviction in his final case of a 40-year prosecutorial career.
"I think that we had a very strong case," Friedman said after a jury found Sponaugle guilty on all counts. "I mean, we had, as I argued to the jury, in my summation, we had two witnesses, who had no connection, didn't know each other before, have had no contact, since I've never discussed this case. And they basically told the same version of what happened in great detail."
Jacob Sponaugle shot Whitehead in a gun deal gone bad outside the Days Inn in Batavia the night of July 22, 2020.
The jury deliberated for 90 minutes, with a break to ask Judge Charles Zambito to read back the jury instructions on the attempted murder charge, and found Sponaugle guilty of all the charges against him:
"(It) was a relatively brief deliberation considering the seriousness of the charges and the number of charges, and they (the jury) just basically didn't seem to have any problem with any of the evidence. They believed the witnesses and I think for them, it was straightforward," Friedman said.
Sponaugle faces a possible maximum prison term of 30 years (25 years max on the attempted murder charge with a required five years consecutive on one of the weapons charges). He will be sentenced on Dec. 15.
Whitehead testified that Sponaugle contacted him on July 22 attempting to sell him a gun. They haggled over the price and then Whitehead decided he might be able to sell it to Devon Wright, a Batavia resident.
The three men arranged to meet outside the Days Inn.
Schultz was a passenger in Sponaugle's car.
Both Whitehead and Schultz gave similar accounts of the shooting, with Sponaugle and Wright arguing and then Sponaugle walking away from Whitehead and Wright before turning and shooting Whitehead.
Whitehead told the jury that Sponaugle said: "it's all your fault" (blaming him for the gun transaction not being completed) before he shot him.
Wright was originally a co-defendant in the trial but yesterday he agreed to a plea deal that satisfied all of the criminal charges against him from several arrests. He faces up to 10-years in prison but was released under supervision, giving him a chance to be present for the birth of his first child.
The case is the final trial for both Friedman and County Court Judge Charles Zambito, who are both retiring.
"Obviously this is a good way to end, with a serious case going well, and I'm certainly pleased with the result," Friedman said. "It's a good note to end on."
In his testimony, Whitehead told the jury that the bullet Sponagule fired into him from a .32 caliber handgun is still lodged in his spine and will be there for the rest of his life.
He said he was neither happy nor sad to learn of Sponagule's conviction.
"I don't have no hate for him, I guess," Whitehead said. "I mean, I don't like him, but I guess there's no hate. I don't know why he did it or what brought him to do it, but just, I don't know, just neutral. I guess. I got no hate for him."
Even so, Whitehead suggested there is no appropriate sentence for Sponaugle given the fact Whitehead will live with pain for the rest of his life.
"It's hard to say how long he should get. I mean, he tried to take my life so it's, I don't even know, like, I got to deal with it for the rest of my life," Whitehead said. "So I'll always be in pain and he'll be behind bars but he won't know what pain feels like so and no time I guess is enough for that type of crime. I guess he shouldn't be allowed back out. My point of view is he shot somebody. I mean, it wasn't his family. It was. I don't know. It's hard to hard to be the judge, I guess."
On the afternoon of what was originally a co-defendant trial, Jacob Sponaugle, facing multiple felony counts, found himself sitting with only his attorney at the defense table as the man he is accused of shooting told the jury of how a gun deal went bad outside the Days Inn in Batavia on July 22, 2020.
Jason Whitehead's testimony corroborated the earlier testimony of Crystal Shultz, Sponaugle's ex-girlfriend, and put the .32 caliber handgun in Sponaugle's hand with Sponaugle pulling the trigger.
Sponaugle is charged with attempted murder, assault, 1st; criminal use of a firearm; aggravated criminal possession of a weapon, 2nd; criminal possession of a weapon, 2nd; and criminal sale of a firearm, 3rd.
After today's lunch break, District Attorney Lawrence Friedman informed County Court Judge Charles Zambito that Sponaugle's co-defendant, Devon Wright, had agreed to accept a plea offer that would limit his prison term to 10 years and allow him to be released under the supervision of Genesee Justice while awaiting sentencing, presumably so he can be present for the birth of his first child, who is expected to arrive any day.
Wright entered a guilty plea of attempted criminal possession of a weapon, the top charge stemming from the July 22 incident, first-degree attempted assault, a Class C violent felony, and criminal sexual act in the second degree, a Class D violent felony.
Whitehead was first asked to describe a series of text messages he said he received from Sponaugle on the evening of the shooting. Sponaugle wanted to know if Whitehead was interested in buying a handgun from him. He sent pictures and video telling Whitehead the gun had been owned by "an old dude" and that it was a "clean gun."
Sponaugle wanted $400 for the gun. Whitehead offered $300. Sponaugle said $350 was the lowest he could go.
Whitehead testified that he decided he could pay the $350 if he could sell it to his "main man" (identified as Wright) for $450.
So Whitehead set up a meeting with Wright at the Days Inn and Sponaugle picked up Whitehead at his residence on Shady Lane.
Schultz was with the two men when they drove to the hotel.
Once there, an argument broke out between Sponaugle and Wright over the asking price of the gun, Whitehead said. At that point, he said he stopped talking and let the two men hash it out.
Eventually, Sponaugle walked away. As he did, Whitehead testified, Sponaugle turned around, said, "this is all your fault" and shot him.
Whitehead testified that the bullet from the .32 caliber gun remains lodged in his spine. It would do more harm than good, he said doctors told him. As a result, he is daily in pain and can't lay on his back when he wants to sleep.
Under questioning from defense attorney Joseph Lobosco, Whitehead admitted to prior heroin and cocaine use but said his use didn't alter his mental state but instead prevented him from getting sick. He said he's been clean for a year.
Before Whitehead took the stand in the afternoon, Schultz completed her testimony, which primarily consisted of cross-examination by Lobosco, who pressed Schultz on differing versions of events in two depositions she gave to detectives with Batavia PD.
In the first one, she said she didn't know what happened with the gun and in the second, she described in detail Sponaugle's alleged attempt to get rid of the weapon.
The differences could be explained, she said, because before Sponaugle was arrested she was afraid of him. Once he was in custody, she said, she didn't fear him and so gave detectives a full accounting of what happened with the gun (it was, she said in the morning, put in a can of paint and given to another person).
After Whitehead's testimony, Kevin Wolff, a supervisor at the Genesee County Jail took the stand to authenticate four recordings made at the jail -- all calls are recorded and all inmates are told they are recorded, Wolff said -- between Sponaugle and Schultz, Sponaugle and his mother, Sponaugle and an acquaintance, and Sponaugle and his sister.
The calls contain incriminating statements by Sponaugle, most notably in the call with Schultz in which she tells Sponaugle that "I had to tell them everything."
Sponaugle clearly did not like hearing that and questioned Schultz on why she would do that to him.
"You let them scare you into writing a statement," Sponaugle is heard saying on the call.
He told her she didn't see anything (earlier she testified she did see the actual shooting).
"What you did was totally unnecessary," Sponaugle said. "It's going to be bad for me."
This is Friedman's final trial at the end of a 40-year prosecutorial career and, at the start of the trial at least, the first with two co-defendants.
Testimony resumes at 9 a.m., Wednesday morning.
Copyright © 2008-2022 The Batavian. All Rights Reserved. Privacy Policy | Terms of Service
