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Kathy Poole and Patty Poole were sitting in their yard at Bank and Washington in Batavia late this afternoon with signs around them supporting Black Lives Matter, giving every car that passed their way a big, smiling, friendly wave.

Patty said they wanted to support the movement. 

"I feel like something in the system is pretty screwed up and there has to be a change and that starts at your home, you know," Patty said. "Spread the word."

As for Juneteenth, Patty said the holiday isn't just about black power. It's about power for all people.

"The color of my skin does not define me but a special day like this, I’m going to support it, of course," she said.

Photo: Kathy Poole, Jeneve (last name declined), Jaya, and Patty Poole.

Press release:

As of 2 p.m.

• Genesee County received two new positive cases of COVID-19, for a total of 208 positive cases.
  • Two of the positive individuals reside in the Federal VA in Batavia.
  • One of the individuals is in their 60s and one of the individuals is in their 80s.
  • One of the previous community positive cases have recovered and have been released from mandatory isolation.
  • Zero of the total active cases are hospitalized.
• Orleans County received one new positive case of COVID-19 today, for a total of 260 positive cases.
  • The new positive case resides in Murray.
  • The new positive case is under the age of 20 and was on mandatory quarantine prior to testing positive
  • One of the previous community positive cases have recovered and have been released from mandatory isolation.
  • Thirteen of the total active positive cases are hospitalized. Please note those in the hospital may be from the community or a state-regulated facility. We do not separate them out to protect their privacy.

During a press conference in Buffalo today, while announcing he was not pursuing criminal charges against congressional candidate Chris Jacobs, Erie County DA John Flynn "called out" the anonymous person who filed a complaint against Jacobs for alleged "voter fraud."

"There is no doubt that I'm being used here to a certain extent," Flynn said. "I didn't just fall off the turnip truck, you know. I've been around for a long time. I've seen a lot of things. When I feel like I'm being used, I feel like someone is, put John Flynn aside, someone is using the District Attorney of Erie County and that bothers me a lot."

Flynn declined to name the complainant but said the complainant's failure to identify him or herself is once the complaint was made public -- through an anonymous tip to a Buffalo TV station -- didn't sit well with him.

"I think it's pretty weak that you won't let anyone know who you are," Flynn said. "I'm going to say that publicly and I know the person won't want to hear it and I say, 'too bad.'"

The person who made the complaint called Flynn directly, he said, and then Flynn's staff and that person's attorney exchanged emails about the allegations.

After reviewing the allegations, Flynn decided not to file charges against Jacobs.

The person making the complaint alleged that Jacobs circulated petitions last summer using an address for an Orchard Park house he had made a deposit on but had not yet purchased. If that were a crime, Flynn said, it would be offering a false instrument for filing. And if it were a crime, Flynn said, it would be outside his jurisdiction because the petitions were filed in Albany.

The two other allegations against Jacobs were that he registered to vote at the Orchard Park address on Sept. 3 but didn't close escrow on the property until the end of September. Then, he used that address as his voting address on Nov. 5 while maintaining another residence in Buffalo.

Flynn said Jacobs came into Flynn's office voluntarily and shared with the DA paperwork and information about maintaining two households. He purchased the house in Orchard Park and invested a substantial amount of money in renovations while also continuing to pay utilities on that residence. Meanwhile, after the pandemic hit, Jacobs decided to spend more time in Buffalo where he could be closer to his mother and assist her during the pandemic lockdown.

He said the evidence undercuts any claim that Jacobs might have had an intent to defraud anybody therefore his actions were not criminal.

"Under election law, it is legal to have two residences," Flynn said. "It was Jacobs who voluntarily came into my office and voluntarily gave me the whole story, he readily admitted he owns two homes, readily admitted during COVID-19 crisis he lived more so at home in Buffalo because his mother lives near him and he wanted to stay close by and help his mother

"He readily admitted he spent more time at his buffalo address," Flynn added. "That is not a crime. It is not a crime to have two residences. There is nothing the in law that says you have to live at one resident X-number of days or X-number of hours to have that declared as your residence."

Because Jacobs invested a substantial amount of money in the other house and because he has continued to pay the utility bills there, there is no "aura of a sham," which would be necessary, he said, to prove an election fraud case.

Jacobs issued the following statement following the announcement:

Chris Jacobs is releasing the following statement in response to DA Flynn’s dropping of the false complaint.

“I want to thank D.A. Flynn for his swift dismissal of Beth Parlato’s phony complaint. And I further want to thank D.A. Flynn for allowing me to come in of my own volition and present him with complete documentation that completely disproves these attacks from Beth Parlato.” 

“It’s now clear Beth Parlato orchestrated this stunt and abused the justice system solely as a political attack and to run a negative television attack ad. It’s shameful, but not surprising. Beth Parlato must immediately take down her false, negative ads. The voters of Western New York are a lot smarter than Beth Parlato thinks and I suspect they will reject her and her nasty, negative campaign on Tuesday.” 

The Batavian offered Beth Parlato a chance to respond to the Jacobs' allegation that she was behind the complaint and got no response to our email request.

Hours after news of a complaint was filed, Parlato released a campaign commercial that accused Jacobs was the subject of a criminal investigation. She also included the same accusation in a press release sent to The Batavian yesterday. There was no criminal investigation, as Flynn revealed today.

Parlato has not issued a statement regarding Flynn's decision to drop the complaint.

Stefan Mychajliw:

“My initial statement on this matter is just as relevant Thursday as it is today: the District Attorney and voters will pass final judgment on Chris Jacobs. Judgment has been passed by the District Attorney. Now, voters will decide for themselves who will be the Republican nominee for New York’s 27th Congressional District in November. Nevertheless, it is troubling to just now find out from the District Attorney that Chris Jacobs admittedly does not live in the 27th Congressional District."

Nate McMurray:

“It is concerning that in a day a complaint of voter and election fraud of a Congressional candidate and State Senator can be dropped, so quickly. No one knew about this until the local news reported it yesterday. Yet here we are, everything resolved with a 5:00 p.m. press conference on a Friday the weekend before an election--just hours after a visit from Jacobs and his attorneys,” said McMurray. 

“If only justice worked so swiftly for regular people, and not just people who can afford the best attorneys. I will tell you this, regardless of what loophole he used, what he did was meant to mislead. He knows. But the people of Western New York, most of us never get a break. Chris? He gets all the breaks,” said McMurray.

Speaking of misleading, McMurray posted this tweet this evening:

Months ago, pre COVID, I sat down with @howardowens for an hour long, no cut interview.

Jacobs refused. https://t.co/7jozhNRpDu

— Nate McMurray for Congress 2020 (@Nate_McMurray) June 20, 2020

Jacobs did not refuse an interview with The Batavian. Jacobs, like McMurray, Parlato, Duane Whitmer, and Mychajliw, all participated in interviews.

Press release:

Assemblyman Steve Hawley endorsed Chris Jacobs for New York’s 27th Congressional District today.

“Chris has served Western New York with honor and integrity, and he has been a steadfast defender of our conservative values in Albany,” Hawley said. “Chris is unwavering in his fight for his constituents, our region, and our values – I can think of no one more suited to fight for Western New York and be the conservative leader we need in Congress.

"It is my distinct honor and pleasure to offer my full endorsement for Chris in both the Special Election and Primary Election on June 23rd.”

“I am beyond honored and grateful to receive Assemblyman Hawley’s endorsement," Jacobs said. "It has been an honor serving beside him in the State Legislature and he has been a true conservative fighter for the people of Western New York.

"With his endorsement, I feel confident that we can usher in a new era of prosperity in our region and send strong conservative leadership to Washington."

Jacobs has also received the endorsement of United States President Donald Trump, House Republican Leader Kevin McCarthy, House Republican Whip Steve Scalise, Congresswoman Elise Stefanik, NYS Senator Patrick Gallivan, NYS Senator Mike Ranzenhofer, NYS Assemblyman Angelo Morinello, NYS Assemblyman Mike Norris, Erie County Sheriff Tim Howard.

Photo of sunset at Genesee Community College submitted by Amanda Wells. She said, "This beautiful sunset breaks up the craziness that has been the present of our daily lives. Just something nice to enjoy for a change."

The Batavian interviewed candidates for NY-27 both in the special election and in the GOP primary.

Our original plan was to interview Chris Jacobs, Nate McMurray, and Duane Whitmer, running in the special election originally scheduled for April and later interview the GOP candidates.

With that in mind, we interviewed McMurray in February at the Richmond Memorial Library. Then the pandemic hit before we could schedule the next interviews.

We were unable to return to the project until late May, early June, at a time when interviews could only be conducted remotely. Outside of this different setting, we strove to conduct the interviews in a similar style.

The goal of the interviews is to try and uncover the political philosophies of the candidates and how that affects their thinking on some big issues.

This is the interview with Chris Jacobs.

The Batavian interviewed candidates for NY-27 both in the special election and in the GOP primary.

Our original plan was to interview Chris Jacobs, Nate McMurray, and Duane Whitmer, running in the special election originally scheduled for April and later interview the GOP candidates.

With that in mind, we interviewed McMurray in February at the Richmond Memorial Library. Then the pandemic hit before we could schedule the next interviews. We were unable to return to the project until late May, early June, at a time when interviews could only be conducted remotely.

Outside of this different setting, we strove to conduct the interviews in a similar style. The goal of the interviews is to try and uncover the political philosophies of the candidates and how that affects their thinking on some big issues.

This is the interview with Stefan Mychajliw.

The Batavian interviewed candidates for NY-27 both in the special election and in the GOP primary.

Our original plan was to interview Chris Jacobs, Nate McMurray, and Duane Whitmer, running in the special election originally scheduled for April and later interview the GOP candidates.

With that in mind, we interviewed McMurray in February at the Richmond Memorial Library. Then the pandemic hit before we could schedule the next interviews.

We were unable to return to the project until late May, early June, at a time when interviews could only be conducted remotely. Outside of this different setting, we strove to conduct the interviews in a similar style.

The goal of the interviews is to try and uncover the political philosophies of the candidates and how that affects their thinking on some big issues.

This is the interview with Beth Parlato.

The Batavian interviewed candidates for NY-27 both in the special election and in the GOP primary.

Our original plan was to interview Chris Jacobs, Nate McMurray, and Duane Whitmer, running in the special election originally scheduled for April and later interview the GOP candidates.

With that in mind, we interviewed McMurray in February at the Richmond Memorial Library. Then the pandemic hit before we could schedule the next interviews.

We were unable to return to the project until late May, early June, at a time when interviews could only be conducted remotely. Outside of this different setting, we strove to conduct the interviews in a similar style.

The goal of the interviews is to try and uncover the political philosophies of the candidates and how that affects their thinking on some big issues.

This is the interview with Duane Whitmer.

The Batavian interviewed candidates for NY-27 both in the special election and in the GOP primary.

Our original plan was to interview Chris Jacobs, Nate McMurray, and Duane Whitmer, running in the special election originally scheduled for April and later interview the GOP candidates.

With that in mind, we interviewed McMurray in February at the Richmond Memorial Library. Then the pandemic hit before we could schedule the next interviews. We were unable to return to the project until late May, early June, at a time when interviews could only be conducted remotely.

Outside of this different setting, we strove to conduct the interviews in a similar style. The goal of the interviews is to try and uncover the political philosophies of the candidates and how that affects their thinking on some big issues.

This is the interview with Nate McMurray.

Opponents of Chris Jacobs, the state senator from Erie County running for the vacated NY-27 congressional seat in a special election Tuesday, and in a GOP primary for the same seat on the same day, have jumped on news reports accusing Jacobs of registering to vote and voting at a residence in Orchard Park that he did not own and was not living in at the time.

The house is his current residence.

A spokeswoman for the Erie County District Attorney's Office confirmed this evening that the office did receive a complaint about Jacobs but said, in reference to a FOIL request for documents, the office had "no documents responsive to the request."

While one of Jacobs' opponents said Jacobs was now the subject of a "criminal investigation," the spokeswoman indicated there was no such investigation currently but that the matter was "under review."

Nate McMurray, running against Jacobs in the NY-27 special election, and Beth Parlato and Stefan Mychajliw., running against Jacobs in the GOP primary, all issued statements attacking Jacobs for "voter fraud."

Jacobs, in turn, called the attacks, "a desperate political stunt."  

Here are his statement and the statements of the other three candidates.

Jacobs:

"This is nothing more than a desperate political stunt made by someone who is about to lose an election. My wife and I went under contract to purchase our home in Orchard Park on June 17th of 2019 and closed on our home on September 30 of 2019.

Desperate attacks by political opponents are not surprising – sadly they have become a standard part of politics.

We are grateful to the thousands of volunteers and supporters who have helped put us in position for a victory on Tuesday and we are looking forward to getting to work for the people of Western New York.”

Mychajliw:

“Chris Jacobs said Chris Collins would be ineffective due to the criminal investigation hanging over him. With a pending investigation by the Erie County District Attorney into potential criminal misconduct, Chris Jacobs should apply his own standard to himself. The District Attorney will pass judgement upon Chris Jacobs, and so will voters in Tuesday's Primary Election."

Parlato:

"I got in this race 11 months ago because we cannot trust career politicians.

Chris Lee resigned in disgrace. Chris Collins resigned in disgrace and is heading to prison. Now, Chris Jacobs has not even made it to Congress yet, and he is under criminal investigation.

The last thing we need is another career politician embarrassing our district and bringing shame to the hardworking, honorable people of NY-27. We deserve better.

We need to bring integrity back to this seat.

I am calling on Chris to put the people first, to do what is right, and remove his name from both the special election and primary ballots."

McMurray:

Western New Yorkers were shocked to learn endorsed Republican candidate for the NY- 27 Congressional District Chris Jacobs was called out for alleged voter and election fraud.

The Erie County District Attorney received a complaint against Jacobs including the following allegations: that Jacobs was registered to vote in the Orchard Park District before owning his home, that he voted from the newly registered home less than 30 days before owning the home, and that he filed primary residence documents that he lived within the 27th District before doing so.

Democratic congressional candidate Nate McMurray joined Republican candidate Beth Parlato in calling for Jacobs to pull out of the race.

“After so much corruption here on the 27th, we now have another endorsed Republican candidate who appears to be lying to the voters already. He has high paid consultants. This was no accident. It’s fraud.

The people of this district cannot afford another entitled and detached millionaire. He’s proving he’s nothing more than that, and he shouldn’t be in office. I call on Chris Jacobs to do the right thing and drop out of this race,” said Nate McMurray.

Press release:

As of 2 p.m.

• Genesee County received zero new positive cases of COVID-19, for a total of 206 positive cases.
  • Zero of the previous community positive cases have recovered and have been released from mandatory isolation.
  • Zero of the total active positive cases are hospitalized.
• Orleans County received zero new positive cases of COVID-19 today, for a total of 259 positive cases.
  • Three of the previous community positive cases have recovered and have been released from mandatory isolation.
  • Twelve of the total active positive cases are hospitalized. Please note those in the hospital may be from the community or a state-regulated facility. We do not separate them out to protect their privacy.

Press release:

On Wednesday, June 17, at or about 6:10 p.m., Batavia police officers responded to the area of Clinton Street for a juvenile that had flagged down a neighbor, requesting help.

Patrols arrived on scene and located two local residents sitting with a juvenile and James McNally standing near them. Patrols separated McNally from the juvenile and residents.

The residents indicated that the juvenile told them, that he needed help getting away from McNally.

Patrols interviewed the juvenile briefly and concluded that the juvenile had accepted a ride from McNally from DeWitt Recreation Area, with the intentions of McNally driving the juvenile to his residence.

While transporting the juvenile, McNally allegedly attempted to grope the juvenile. The juvenile feigned sickness so McNally would pull off to the side of the road. The juvenile then exited the vehicle and ascertained help at the nearest residence.

Upon discovering the alleged incident, Batavia police officers promptly took McNally into custody and transported him away from the juvenile.

McNally was arrested for endangering the welfare of a child (a misdemeanor) and forcible touching (a misdemeanor) via Skype in Batavia City Court by Judge Durin Rogers.

McNally was released under the supervision of Genesee Justice, and an order of protection was issued. McNally is scheduled to appear in Batavia City Court at a later time.

The Batavia Police Department would like to take a quick moment to update the community and parents on new abduction prevention ideas.

Instead of “Stranger Danger,” try using the following language when talking to your child about abduction prevention:

• Don’t say: Never talk to strangers.
• Say: You should not approach just anyone. If you need help, look for a uniformed police officer, a store clerk with a nametag, or a parent with children.
• Don’t say: Stay away from people you don’t know.
• Say: It’s important for you to get my permission before going anywhere with anyone.
• Don't say: You can tell someone is bad just by looking at them.
• Say: Pay attention to what people do. Tell me right away if anyone asks you to keep a secret, makes you feel uncomfortable, or tries to get you to go with them.

Music class students, current and former, came together yesterday afternoon under direction of teacher Jane Haggett to honor their fellow music students who are graduating this year.

The musicians visited students at their home or work and played "Pomp and Circumstance" for them.

This video is of Erick Chugg receiving the surprise visit at McDonald's, where he works.

Also honored: Lydia Geiger, Maggie Andersen, Macayla Burke, Gloria Adams, Sarah Adams, Maddie Taggart, and Derrick Fedus.

Not available for a visit: Garrick Havens, Courtnee Yasses, and Charissa Waldmiller.

With the Paolo Busti Cultural Foundation's annual dinner canceled, the organizations annual scholarship winners were honored with check presentations at the Paulo Busti monument next to the Holland Land Office Museum yesterday.

Honored were: Rhorri Fix, Kiaya Condidorio, Chris Gualtieri, Jake Torcello, Isabella Riner, and Megan Smith.

Each student received $800 from the foundation, $100 from the Vincent Gautieri Scholarship Fund, and also gift certificates from Capish! Brick Oven Pizza Ristorante, L.B. Grand, and Main St. Pizza Company.

Previously: Ray San Fratello named Italian American of the Year by Paolo Busti foundation, six scholarships awarded but dinner is off

Photo and info submitted by Annette LaBarbera.

A 45-year-old Oakfield resident is in critical condition at ECMC following an ATV accident on Drake Street last night.

James P. Lucki, of Drake Street, was driving a 2003 Arctic Cat four-wheel ATV eastbound on Drake in the Village of Oakfield when it crossed over the westbound lane and left the roadway off the north shoulder. The ATV struck a 2020 Toyota two-door sedan that was parked in a residential driveway. 

Lucki was ejected from the ATV.

Jeff McIntire, 2nd assistant chief with Oakfield Fire, said the driver was located behind the vehicle that he struck on the ground.

“He was conscious and alert upon arrival, his condition deteriorated as we moved him to Mercy Flight," McIntire said. "He was not conscious and alert when he was flown from the scene to ECMC.” 

Lucki reportedly sustained lower leg injuries, chest injuries and abdominal injuries.

The car was unoccupied.

The accident is still under investigation by the Sheriff's Office.

(Initial Report)

Additional reporting and photos by Alecia Kaus/Video News Service.

An ATV has reportedly hit a parked car in the area of 22 Drake St., Oakfield.

A possible serious injury is reported.

Mercy Flight will be landing at the Little League field.

Oakfield fire is on scene.

UPDATE 10:33 p.m.: Mercy Flight canceled. The patient will be transported by ground ambulance.

UPDATE 10:42 p.m.: Mercy Flight is requested to the scene again. The helicopter will be landing in the town park.

UPDATE 10:55 p.m.: Mercy Flight is headed to ECMC.

While Lt. Gov. Kathy Hochul was in Pavilion today, we asked her if she was still involved in trying to save the Batavia Muckdogs.

Lt. Gov. Kathy Hochul paid a visit to Noblehurst Farms in Pavilion today to highlight the Nourish NY program, which purchased $25 million in agricultural products from farms throughout the state to distribute at food banks from New York City to Buffalo.