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Photo submitted by Chad Hilchey.

Photo by Tim Motyka, head coach of the Batavia Minor League Red Sox, which was the youth baseball team last night to take the field with the Batavia Muckdogs.

High, fast waters of the Oatka Creek are forcing organizers to run the annual Duck Derby a little differently this year.

Instead of floating the rubber duckies across the water, from the west bank to the east bank, volunteers will blow the ducks down the road with leaf blowers.

The Duck Derby, a fundraiser for both the Oatka Festival and a local charity, will take place at 5 p.m.

To purchase prints, click here.

A 73-year-old man in Bethany was asaulted tonight in his home by an intruder and is being transported to UMMC by ambulance for treatment of his injuries. 

The intruder awoke the man and struck him several times with an unknown object. He also sprayed him with an unknown substance. 

The suspect was not on scene when deputies arrived and law enforcement has no description at this time. 

The initial 9-1-1 call was just before 9 p.m.

A caller reported seeing kids playing on train tracks near Wortendyke Road, Batavia, including lying on the tracks while a train was coming. 

Deputies are dispatched. 

CSX is now holding a train to give deputies a chance to search the area. 

UPDATE 9:31 p.m.: A person in law enforcement informs dispatch about a graduation party in the area and kids from the party going up to the tracks.

Public Notice:

NOTICE IS HEREBY GIVEN, that the Genesee County Legislature will hold a public hearing on the submission of an application for Community Development Block Grant funding from the New York State Office of Community Renewal to provide financing to assist in the establishment of milk processing operations at the former Muller Quaker Dairy facility at the Genesee Valley Agri-Business Park in the Town of Batavia, New York by HP Hood LLC.  More detailed information regarding the project will be presented at the hearing.

NOTICE IS FURTHER GIVEN that the public hearing will be held at the Old Courthouse, 7 Main Street, Batavia, NY on the 19^th day of July, 2017 at 5:30 PM. All persons who wish to speak will be heard. Written comments are invited and will be accepted upon delivery to: Clerk, Genesee County Legislature, 7 Main Street, Batavia, NY 14020 prior to the hearing. The hearing location is in compliance with accessibility standards under the Americans with Disabilities Act.

Press release:

Batavia Downs Gaming & Hotel has announced that they will be donating 800 tickets to the upcoming Lee Greenwood concert to local Veteran Organizations. The concert takes place on Friday, July 21st.

“Lee Greenwood and his song 'God Bless the USA' are synonymous with our great country and we’re honored to have him play here," stated Batavia Downs Gaming & Hotel President & CEO, Henry Wojtaszek.

“We work closely with other veteran agencies in the area and wanted to give back to all the local veterans who have fought to defend our freedoms.”

The tickets will be handed to representatives from various local Veterans agencies in a brief ceremony on Monday, July 17th, at 10:30 a.m. in the Batavia Downs Lobby by their Made in America satellite store.

Tickets to the Lee Greenwood show can be purchased at Bataviaconcerts.com or in person at the Made in America store in the Batavia Downs Lobby.

Three opening acts will play beginning at 5 p.m., including country recording artist Ricky Lee, Alyssa Trahan, and the band Gypsy Souls. Doors open at 4 p.m.

"To care for him who shall have borne the battle and for his widow and his orphan." (Abraham Lincoln)

Press release:

The City of Batavia Water Department is on location of a water main break in front of 129 Walnut St. The water has been turned off on Walnut Street from the railroad tracks to the City line, and also on Law Street. We appreciate your understanding while this repair is made. City crews will make every attempt to restore water as soon as possible.

A motor-vehicle accident with injuries is reported on Route 20 at Tinkham Road, Darien.

Darien fire and Darien ambulance responding.

UPDATE 10:42 p.m.: Minor injuries reported.

Frank Capuano sent in the sunset picture and the rainbow picture was submitted by a reader.

The water level on the Tonawanda Creek, as measured by the station behind the Genesee County Courthouse, peaked at just under 10 feet at about 8 p.m. and started to recede by 9 p.m., according to measurements captured by the USGS.

A flood alert remains in effect until Saturday morning.

A 23-year-old Le Roy man was charged with DWI after a report last night that a car he was driving went off the roadway on Kenney Road, into a swamp and struck a tree.

Kodey Richard Mills, of Myrtle Street, is also charged with driving with a BAC of .08 or greater, moving from lane unsafely and driving without insurance.

The accident was reported at 10:02 p.m.

Mills was released on an appearance ticket.

The accident was investigated by Deputy James Stack.

Press release:

Congressman Chris Collins (NY-27) today proudly voted in support of the National Defense Authorization Act (NDAA) for FY18.

“Today’s strong bipartisan effort provides our servicemen and women with the resources and funding they need to defend our nation here at home and abroad,” Congressman Collins said.

“The NDAA for fiscal year 2018 will enhance our missile defense research efforts, rebuild our military, and deliver a well-deserved pay raise for military members and their families. This bill ensures we’re taking care of our armed forces and also sends a strong message to the world — we’ll do whatever is necessary to keep America safe.”

The NDAA for FY18 funds a number of the national defense priorities outlined in President Trump’s FY18 Budget request, including:

• Authorizes $621.5 billion for base national defense spending;
• Increases missile defense funding by $2.5 billion;
• Provides a 2.4-percent pay increase for military members;
• Includes an additional $10 billion in Overseas Contingency Operations (OCO) funding;
• Answers the Army, Air Force, and Navy’s request for thousands of additional personnel;
• Ends the defense sequester.

For more information on H.R. 2810, the National Defense Authorization Act of FY18, click here.

A motor-vehicle accident with unknown injuries is reported at West Main Street and Lewiston Road, Batavia.

Town of Batavia fire and Mercy EMS dispatched.

UPDATE 5:19 p.m.: Minor injuries. Traffic is blocked.

UPDATE 5:22 p.m. Vehicles have been moved to a parking lot. Once firefighters clear up a little debris, traffic should return to normal.

The path to a Sheriff's road patrol often passes through the Genesee County Jail for career-minded folks interested in law enforcement, and Darrell Klein thought that would be the path he would take when he signed on as a corrections officer 24-and-a-half years ago.

It didn't take him long, though, to figure out the jail was where he could do the most good.

"I liked the people," Klein said. "I liked the challenge, the feeling that I was doing something that mattered. People misunderstand what inmates are all about. They think they are bad people. They're not. There are a lot of good people here who made bad choices. It's nice to be able to help them when I can."

He said he will be look back at several memories where he feels he made a difference in people's lives. 

"Those are good feelings," he said.

Today was Klein's last day on the job.

"It's time to pass the torch to somebody else," he said.

The following people were arrested by the Genesee County Sheriff’s Office during the Vans Warped Tour Concert at Darien Lake Performing Arts Center on Thursday:

A 16-year-old, of Lake Avenue Lancaster, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.

Thomas A. Soares, 31, of Smoral Road, Camillus, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.

Zackery K. Johnston, 21, of Kingsley Road, Rochester, is charged with criminal trespass, 3rd, after allegedly entering the fenced in pit area of the venue without permission.

Brittany L. Dumsar, 24, of Anytrell Drive, Webster, is charged with criminal trespass, 3r,d and harassment, 2nd, after allegedly reentering the concert venue after being ejected and then spitting in a Live Nation employee's face.

Joseph N. McCarthy, 23 of North Road, Freedom, is charged with trespass after allegedly attempting to reenter the concert venue after being ejected and told not to return.

At 9 a.m., the water level of the Tonawanda Creek, measured behind the courthouse, was 8.5 feet and rising, according to the National Weather Service.

Flood stage is 9 feet.

The creek is expected to crest at 9.4 feet this afternoon.

Impacted areas include Kibbe Park, Law Street and Walnut Street.  

Also, expect flooding in the rural areas of Alexander and the Alabama Swamps.

The City of Batavia is warning of flooding along the Tonawanda Creek in the areas of Law Street, Walnut Street and Kibbe Park.

The Tonawanda is expected to crest at 9.7 feet, which is above flood stage levels.

Residents in the affected areas are asked to keep vigilant and take precautions to minimize property loss.

Sometimes good people do bad things, Judge Micheal Mohun told Bill Thomas before sentencing him to three years in state prison for menacing a police officer.

With the nearly 14 months already served in county jail, and time off for good time, Thomas should be back home with his family in a little over a year.

Family is a big part of the Thomas story, something Mohun noted during his sentencing remarks.

"You're a lucky fella," Mohun said. "Every time you've come to court, your family has been here. Your family has been very supportive. I see you are one of 10 kids, the second youngest. Your mother died in May while you were in jail. I'm sure that was very hard on you.  It gives me great encouragement that your family is with you and has backed you throughout your court appearances and your trial and now they're here with you today. That is a real testament to the Thomas family.

Then he added, "you're also lucky to be alive."

On the morning of March 16, 2016, Officer Pete Flanigan responded to a home on State Street to investigate a report of a disturbance. Bill's brother Rand answered the door and Flanigan saw Thomas, he testified at trial, with a knife in his hand. He said Thomas came at him with the knife and he thought he would have to shoot Thomas, but Rand, in trying to flee the residence, got in between the officer and his brother.

At a trial last month, Thomas was convicted of criminal possession of a weapon and menacing a police officer.

The mandatory minimum sentence for menacing a police officer is two years in prison, with a maximum of eight. 

Mohun also sentenced Thomas to one to three years on the weapons conviction, to run concurrently to the menacing charge. Thomas will also have a year and a half parole to serve when he's released.

Thomas has a prior criminal record, but nothing in the past 20 years and never had a prior arrest for any kind of violence.

He had been living with his mother, caring for her, prior to his arrest.

While Thomas, 57, was represented at the jury trial by the Public Defender's Office, retained counsel Maurice Verillo appeared for the defendant today. He argued for a minimum amount of time in prison and asked that his client's time in prison be at a facility close to Batavia so his family could easily visit him.

Mohun said he has no control over where the Department of Corrections sends Thomas, but he did attach the request to his file, so it is with him when he is processed, and all of the letters of support from friends and family the court received.

District Attorney Lawrence Friedman, who usually has something to say when asked what his sentencing recommendations are by a judge, made no statement in court today.

About a dozen members of his family were in court. After Mohun adjourned the case, they all stood. Deputies allowed Thomas to turn and say goodbye to his family.  Family members told him they supported him and loved him.