Stories from

The police surveillance video of Central Avenue, Batavia, the night of May 17, when Nathaniel D. Wilson Jr., murdered Terry J. Toote with a knife, shows that Wilson was a threat to harm other people in the area, according to an attorney for Jennifer K. Urvizu-Hanlon.

Urvizu-Hanlon, former owner of La Mexicana store on East Main Street, is charged with criminal liability for conduct of another/criminal possession of a weapon, 2nd. She is accused of giving a handgun, which she was permitted to carry, to Samuel R. Blackshear, a 17-year-old who is accused of shooting Wilson.

"This individual was trying to keep the other individual from stabbing other people, which I believe is legally justifiable," said attorney Christian Kennedy.

Today's County Court appearance for Urvizu-Hanlon was a hearing related to motions filed by both the defense and the prosecution with arguments for further hearings in the case.

Kennedy revealed his theory of the case while arguing that the prosecution needs to turn over to him a list of witnesses along with any statements they made to police and reports generated from witness statements.

Under the rules of evidence, the defense isn't automatically entitled to this material. There are rules regarding "discovery," or evidence the people must turn over, and then what is known as "Brady material" (the name comes from a precedent-setting case dealing with evidence). Brady materials are statements and reports that the defense believes may contain information that would support a defendant's claim of innocence. 

Kennedy argued that given the number of witnesses, the statements he believes the police collected (there's no information available to indicate such statements were obtained) would almost certainly contain contradictory views of events, which then would almost certainly be Brady material. And if all the statements agree, he said, that might indicate the police relied on a single witness statement, which under the circumstances, could be used by the defense to demonstrate a problem with the investigation.

Either way, Kennedy argued, it's Brady material.

Judge Charles Zambito pressed him for more definitive information that would indicate Kennedy knew there was information in the material favorable to his client, and Kennedy said he couldn't know that without seeing the material but that in Monroe County the material is always provided to the defense for the reasons he outlined.

Zambito said he would review the material to determine if it contains information favorable to the defense and turn it over if necessary.

During the discussion in court today, it was suggested that Urvizu-Hanlon had said to Kennedy that she gave the gun to Blackshear to protect others. Kennedy corrected the statement, saying that he hadn't indicated one way or the other what his client may have said to him. He was stating, he said, that the video itself indicated Wilson was threatening others at the scene.

He said while the video clearly shows events on Central Avenue that night, it is too grainy to help the defense identify witnesses.

Blackshear is charged with: attempted murder, 2nd; attempted assault, 1st; assault, 2nd; and two counts of criminal possession of a weapon, 2nd.

Urvizu-Hanlon, 48, apparently made statements to police after being read her Miranda warnings. A hearing on whether the proper procedures were followed by police will be held at 3 p.m., Oct. 19.

He's also seeking a probable cause hearing, arguing his client was arrested May 18 without a warrant, so he wants to probe whether police had at that point probable cause to take her into custody. Zambito is reviewing that request.

The 31-year-old Wilson entered a guilty plea to murder in the second degree Aug 20. 

At his plea hearing, District Attorney Lawerence Friedman cited witness statements indicating Wilson approached the scene making statements that indicated he intended to "kill everybody." He then attacked Toote.

Several people then jumped on Wilson and Wilson continued to fight with them.

Wilson entered his guilty plea on an Alford basis, which means he didn't admit to facts of the case, only that he would likely be found guilty if the case went to trial, so he was, therefore, accepting a plea deal more favorable than what he might receive if found guilty by a jury.

He faces a possible prison term of 20 years to life.

A car has reportedly struck a utility pole at 19 Walnut St., Batavia.

Injuries are reported. Two patients, one with a head and arm injury and the other possible minor injuries.

City fire and Mercy EMS dispatched.

The YNGodess Shop in Batavia today hosted a fundraiser to benefit the family of Michael A. Tenebruso, who succumbed to cancer Aug. 31.

The fundraiser included a chicken BBQ sale and a basket raffle.

Above, Amy Kelsey and Chris Crocker, owner of YNGodess, prepare a pair of chicken dinners.

Flamenco guitarist Dan King provided entertainment. King was born and raised in Batavia and currently lives in Rochester. He just released his first album, available on Spotify and Apple Music.

The Genesee Rugby Club opened its home schedule Saturday with a match against the Binghampton Barbarians at the Batavia Sports Park.

The local club won 17-5.

Their next home game is at 1 p.m., Saturday, Oct. 13, at the Batavia Sports Park.

Pawtucket, R.I., doesn't look like a good bet for a future home of the Batavia Muckdogs franchise according to a report in the Providence Journal.

A PawSox spokesperson said Thursday the organization has no current plans to acquire any other baseball franchises and move them to the city as a sort of parting gift. Franchise Chairman Larry Lucchino and President Charles Steinberg are focused on building a 10,000-seat stadium in Worcester’s Canal District and redeveloping the surrounding area. 

The Pawtucket mayor's office also told the Journal that no ownership group has contacted the city about using McCoy Stadium once it's vacant in 2021.

And if another owner wanted to bring a team into McCoy, they would face substantial renovation costs for the aging complex.

The cracking concrete and widespread leaking ceilings and floors are among the issues faced by any tenants, as the stadium wrapped up its 77th season of baseball earlier this week. Renovation costs would run into the millions of dollars, and the day-to-day costs of maintaining the playing surface and surrounding grounds run into the hundreds of thousands of dollars.

As previously reported by The Batavian, there would also be territorial agreements to overcome in Pawtucket, which is Red Sox territory. The Red Sox currently have an affiliate to Lowell and if the Muckdogs moved to Pawtucket, Lowell would have to move, putting the New York-Penn League in the same bind it has with Batavia -- where to locate the team that doesn't run afoul of territory restrictions and has a baseball-ready facility.

The Oatkan Knights had a chance to win their home opener against the Wellsville Lions at Hartwood Park on Friday night but didn't make the plays they needed to make.

That will be an area of focus in the coming week of practice, said Head Coach Brian Herdlein after the game.

"The biggest thing is they came out and they (Wellsville) wanted to play tonight," Herdlein said. "I thought that we came out a little bit slow. You know they stayed in the game which gave them a lot of confidence. We had some opportunities to make plays that we didn't make...."

The final score was 12-7.

For Le Roy, Kyle LaCarte carried the ball 18 times for 85 yards. At QB, Jake Hill was 10-22 for 139 yards and TD. He was picked off twice. Cody Lytle lead the receivers with six receptions for 67 yards and a TD.

The Knights are a young team and Wellsville seemed to have the size advantage but Herdlein didn't think that made a big difference in the game. Technique and execution can overcome size.

"I do think up front that they beat us up a little bit today and again we'll look at the film and we'll see what we have to do to make adjustments," Herdlein said.

Le Roy is now 1-1 on the season. After two weeks of ball, Herdlein sees room for improvement.

"We have we have some young guys hopefully they learn from this," Herdlein said. "I don't think that we had the best week of practice and I told the guys that. Hopefully, we can come back and have a better practice.

The team is going to work on being more focused and disciplined, Herdlein said.

"Like I said, there were definitely opportunities where we had a chance to make plays," Herdlein said. "It was maybe little alignment issues that we weren't doing right or some plays that we weren't running correctly and we just need to tighten those things up."

In other Friday night action:

• Batavia beat Livonia 26-14. Alex Rood carried the ball 22 times for 121 yards and three touchdowns. He also had 11 tackles. Ethan Biscaro was 11-14 passing for 194 yards and a TD. Taiyo Iburi‐Bethel had five receptions for 87 yards and Andrew Frances had three receptions for 65 yards and a TD.
• Alexander crushed Canisteo-Greenwood 28-0. Chris McClinic carried the ball 15 times for 147 yards and three TDs. Dylan Busch tossed a TD pass to Takari Lang-Smith. The defense held Canisteo to 50 yards rushing. Jake Jasen and Hayden Walton each had six tackles.
• York/Pavilion beat Bolivar-Richburg 32-0.
• Pembroke fell to Cuba-Rushford 26-14.
• Cal-Mum/Byron-Bergen fell to Letchworth/Warsaw 14-0.

There are no local football games today. Notre Dame has no game this week because Oakfield-Alabama/Elba switched to eight-man football.

During his eight-year journalism career, Jim Krencik covered economic development in Orleans County and Genesee County, and has often happens with a lot of reporters, he took a keen interest in the topic he was covering.

A week ago, he left his job at the Batavia Daily News and went to work for the Genesee County Economic Development Center as the new director of marketing and communications. He replaces Rachael Tabelski, who is now director of the Batavia Development Corp.

"I started to cover the GCEDC and explaining the big projects and how deals come together, what's happening in our community, that was just really spurred an interest," Krencik said. "I've always been impressed by the work they do here. I think their vision is outstanding and I want to help that mission however I can in this role."

Krenick left the Daily News after five and a half years as a hard-working reporter covering local government, mostly, in Genesee County for a job that will pay him $47,000 a year, which is substantially more than a typical reporter makes at a small-circulation paper.

"It was just very interesting looking at the variety of sites that we have here in Genesee County," Krenick said. "It's interesting looking at the number of businesses that are coming in and thinking if I could do something to help, that's beneficial to the whole community. It is wonderful to not only to share that with the public, but to help the team make that happen; that is very attractive."

The House Ethics Committee has announced it will convene a special panel to investigate Rep. Chris Collins and his alleged insider trading activities as a member of Congress.

The investigation will be led by Rep. Mimi Walters, a Republican from California but will not begin until federal criminal proceedings against Collins have run their course.

Collins was arrested Aug. 3 and accused of securities fraud, wire fraud, and lying to the FBI.

The Erie County businessman is accused of calling his son, Cameron Collins, with a stock tip after receiving word, as a member of the board of Innate Innate Immunotherapeutics, that a drug under development to treat secondary multiple sclerosis had failed a key clinical trial.

After receiving the call, according to Federal documents, Cameron began selling his holdings in Innate after receiving the call but before the news of the failed trail had been released to the public, as well as calling other friends and family to share the news with them. As a result, the group of stockholders reportedly sold off more than 1.4 million shares of stock.

According to House rules, the Ethics Committee must open an investigation anytime a member of Congress is arrested. Politico reported its unusual for the committee, which is controlled by Republicans, to announce an investigation so close to mid-term elections.

The committee will also investigate Rep. Duncan Hunter, a Republican representing Eastern San Diego County, including El Cajon. Hunter is accused, like his father, who held the same seat for 21 years prior to his son, of using campaign funds for personal expenses. Collins and Hunter where the first two members of Congress to endorse Donald Trump during the GOP primaries.

Officer Arick Perkins with Lilly after Lilly escaped from the stables at the Genesee County Fairgrounds last night.

Perkins happened to spot Lilly on Cedar Street, and after a brief foot pursuit, with the assistance of Officer Felicia DeGroot, Perkins was able to corral Lilly. Lilly was returned to her owner, Meg Hayes.

Photo below of Perkins and DeGroot with Lilly, courtesy Meg Hayes.

Batavia Middle School invited parents to an open house Thursday evening, after the first day of school, for a chance to meet teachers and find out about their children's classes and expectations. 

There were also activities and food trucks for the families.

Above, Tricia Grillo, with her son Dom, meet with teacher Gigi Dombrowski about his eighth-grade math class.

Spanish teacher Julie Trzaska with eighth-grader Hailey Smith, her father Charles Richmond, and her brother Noah, who is in fifth grade.

Long-term sub Kayleigh Meyers in the ELA class with the four books eighth-graders will read this year: "Inside Out and Back Again," "To Kill a Mockingbird," "Omnivore's Dilemma," and "Unbroken."

Press release:

This week was the first day of school not just for students returning from summer break, but for returning and new School Resource officers in Genesee County.

Students entering school doors this week at Pembroke, Alexander, Pavilion, Byron-Bergen and Genesee Valley Educational Partnership’s (BOCES) Batavia Campus were greeted with familiar faces and new faces as Genesee County School Resource officers begin the school year. 

New SROs Deputy Patrick J. Reeves (Pembroke), Deputy Eric J. Meyer (Alexander) and Deputy Cory W. Mower (Pavilion) are excited to embark on this new assignment.

They have recently completed School Resource Officer training and have shadowed existing SROs Deputy Chad P. Cummings (Genesee Valley Educational Partnership’s –BOCES, Batavia Campus) and Deputy Matthew R. Butler (Byron-Bergen) to learn  from experiences both have had over the years in this position.

Sheriff William Sheron stated that it is his goal to establish a School Resource Officer in all county schools to ensure the safety and protection of the students and faculty.

“Although the cost associated with placing a School Resource Officer in the schools is significant, I believe the safety and security of our children should be of the utmost precedence,” the sheriff said. 

Press release:

The Genesee Gateway Local Development Corporation (GGLDC) today approved a loan for Rest & Revival Float Center LLC’s renovation of a City of Batavia facility.

The startup company will be the first health and wellness center in Batavia and Genesee County to provide floatation therapy services.

The renovation includes the purchase of new machinery and equipment. The project has a capital investment of $355,000 and will retain two jobs and create three new jobs.

The company will receive a $100,000 loan from the Genesee Gateway Local Development Corporation’s Revolving Loan Fund.

Rest & Revive will provide floatation therapy and retail sales of floatation sleep therapy systems.

“Businesses are developing new ideas to grow with our economy,” said GGLDC Board Chairman Tom Felton. “The Revolving Loan Fund offers assistance to create more opportunities for companies and our community.”

Press release:

The Genesee County Economic Development Center (GCEDC) approved applications for incentives for two capital projects at the agency’s Sept. 6^th board meeting. 

Amada Tool in the city of Batavia is planning an $8.8 million capital investment to increase the company’s manufacturing facility by approximately 19,000 square feet in the City of Batavia.  The project would create 17 new jobs and retain 68 current jobs. 

The proposed investment includes $2.3 million in construction costs and $6.5 million in new equipment. Amada Tool is seeking property and sales tax exemptions of approximately $266,000. Approximately $85 will be generated in the regional economy for every one dollar of private-sector investment by Amada.

Six Flags Darien Lake LLC is one of the largest sales tax revenue generators in Genesee County and one of the region’s most popular tourist destinations is planning to build and open a new $2.150 million ride in 2019.  The company is seeking approximately $166,000 in sales tax exemptions.    

Both projects will require public hearings as the companies are seeking incentives of more than $100,000.

Press release:

Darien Lake, a Six Flags Theme Park, and the Coaster Capital of New York, is holding its fourth annual Harvest Festival Sept. 8 through 23, featuring local performers, food trucks, crafters and fun activities throughout the park, all set against the beautiful fall foliage of the season.

Harvest Festival activities that are included with park admission:

• Local food trucks including Eat Greek, The Cheesy Chick and Center Street Smokehous, plus seasonal in-park fall treats;
• Stage entertainment with international bands, local performers and dance groups;
• Regional arts and craft vendors;
• Hay-mazing Adventure – a fun kids’ maze;
• Harvest Fest Express hayrides;
• Keg Tap and Beer Slides (for ages 21 and up); and
• Ignite the Night Laser show on the lawn Saturdays at 8 p.m.

Vacationing guests will have access to special harvest-themed activities each Friday evening before the Festival, including Magical Pumpkin Forest, when guests will plant seeds at night and “harvest” their pumpkins the next morning. There will also be fall-themed crafts in the hotel and a family-friendly movie on the laser lawn at 9 p.m.

The Harvest Festival takes place Sept. 8, 9, 15, 16, 22, and 23; and Saturdays 11 a.m. – 7 p.m., and Sundays, 11 a.m. – 5 p.m.        

Darien Lake is also announcing the extension of its special Flash Sale, now through Sunday, Sept. 9, featuring the best deal of the year — savings up to 70 percent off on a 2019 Season Pass, which also includes admission to 2018 Fright Fest^®, a new Halloween event this October.

Guests who take advantage of this special offer will receive a free upgrade to a Gold Season Pass with every Pass purchased. Gold Season Passes include admission to Six Flags Darien Lake and any other Six Flags theme park, as well as free parking, special admission offers for friends and a free drink bottle with paid refills.

During the Flash Sale guests can also join the Six Flags Membership program for 65 percent off the Season Price and receive three free bonus months. Six Flags Membership includes all of the benefits of Season Pass plus more than 50 additional benefits such as unlimited soft drinks, preferred parking, walk-on passes for rides, and exclusive waterpark seating. Members can also participate in Six Flags Membership Rewards, a new loyalty program that allows guests to earn valuable prizes for just for riding rides, seeing shows, and having a great time at the park.

It still remains likely that the Muckdogs will be back in Batavia for the 2019 season but General Manager Dave Chase said today he won't be back.

"It was a one-year deal," Chase said. "I finished that year. Ben and I have talked about me continuing as a consultant for some period of time but I don’t think I’ll be here next season."

Chase has lived at the Quality Inn & Suites this summer but at one point thought about renting an apartment downtown with the idea of staying longer but decided against it.

"I will admit I go back and forth," Chase said. "There are parts of Batavia that I really like but I did it for a year and that’s what I wanted to do and it was a difficult year, professionally and personally."

Chase said he has had medical issues doing the year that made things more difficult.

"The reality is this is my third city in four years," Chase said. "I’ve sort of developed a reputation of going into troubled markets and none of them have failed yet so I might have one or two more years of that lifestyle left in me."

He thinks he will leave Batavia in good shape but the day the Muckdogs leave Batavia is still close at hand. It gives the team two or three more years before moving.

"That's still better than it was a year ago," he said.

At the start of the season, associates of one of baseball's top executives, Larry Lucchino, former president and CEO of the Boston Red Sox and co-owner of the AAA team in Pawtucket, inquired about the Batavia franchise, Chase said.

The scenario discussed at that time involved the Muckdogs either moving to Pawtucket or Worcester. 

There have been no further discussions since but it's been announced that the Pawtucket franchise will move to Worcester, where a new stadium is being built.

The problem with any such move is that the Red Sox have territorial rights over the area and currently, the NYPL team in that market is Lowell, a Red Sox affiliate. For the Muckdogs to move to Pawtucket, the team would need to become the NYPL Red Sox affiliate and the Lowell franchise would have to move to another city.

One reason the Muckdogs haven't moved yet is there appears to be no city in the Northeast that has the facility and market availability to accommodate a short season Class A team, so if Lowell had to move the league would face the same difficulty in trying to relocate that team.

The earliest, apparently, any of this can happen, is 2021.

Meanwhile, the affiliate agreement between Batavia (which has not gone bankrupt, contrary to a story in the Lowell Sun), and the Marlins is up for renewal. The renewal is expected to take place by the end of the month. The length of any such agreement could complicate a move by Batavia to New England.

Chase is confident the Marlins will return to Batavia in 2019. He said when the team packed up after the last game, they left a lot of equipment behind.

"That seems to indicate a desire to come back," Chase said.

According to Ellie Mae Millennial Tracker, 77 percent of Millennials who bought homes in July where single.

That's the fourth highest total in the nation, according to the tracker.

Lynn Bezon, co-owner of Reliant Realty, said that percentage may be masking a trend she sees: Which is for only one member of a Millennial couple to take out the mortgage to buy the house.

"One person in the couple may not be creditworthy or not have the income (to qualify)," Bezon said.

Sometimes, the couple isn't married and a parent has recommended only the person who has the means to make the purchase take out the loan.

"I don't get a lot of single Millennial buyers," she said.

Millennials are generally considered to be people born in the early 1980s through the mid-1990s, so some Millennials are now in their 30s, and that's the age where more single Millennials will buy a house, she said, though it's still not common.

A common reason one person in a couple might not qualify for a loan yet is the other person weighted down by college debt. 

That is also the number one reason Millennials don't buy homes at all, she said.

Sometimes they have to wait for the right job to come along that pays them enough to diminish the negative effect of student loans on credit applications. 

The city's with higher single-Millennial purchasers are:

• Bay City, Mich., 82 percent
• Cheyenne, Wyo., 82 percent
• Norwalk, Ohio, 80 percent

A year ago, Assistant County Manager Matt Landers really wasn't sure why DWI the number of arrests were down for the first part of 2017 but it was a countywide trend.

It's still not clear why arrests took a dip for more than six months but an interesting thing happened after a report was published about the dip -- the number of DWI arrests reported increased. The trend has continued in 2018, Landers said.

Yesterday, like last year, Landers, who is the STOP-DWI coordinator for the county, delivered his annual report on the program to the County Legislature's Ways and Means Committee.

The problem the program is facing this year is -- despite holding steady on the total number of arrests -- revenue is down for the program.

STOP-DWI is funded through fines imposed on convicted drunken drivers. Landers said he doesn't know if revenue is down because collections are down or if justices are imposing smaller fines.

With the drop in revenue, Landers is proposing a budget for 2019 that spends 40 percent less than 2018, though there will be no cuts to the amount spent on enforcement.

The STOP-DWI program provides funds to participating local law enforcement agencies for extra patrols focused entirely on DWI detection.

The $25,000 reduction in spending will mean some expenses, such as a portion of Lander's salary, will likely be shifted to the general fund.

Members of the committee said they recognized there is still a need for the program, which also assists in detecting and arresting people driving under the influence of drugs, which is a growing problem, even though there are probably fewer drunks on the road these days.

"It is better than the '80s and '90s but there’s still a need for the program," Landers agreed. "it’s a successful program."

The County and City have reached a new 40-year agreement to share the distribution of local sales tax, pending approvals by the NYS Comptroller's Office, the County Legislature and the City Council.

The agreement establishes a formula for sharing from 14 to 16 percent of local sales tax with the city.

The towns and villages in the county will be bound by the agreement but do not get a vote on the plan.

County Manager Jay Gsell said the other municipalities will receive a share calculated similar to the city's share but based on what they receive in 2018.

If approved, the new agreement takes effect Jan. 1.

Currently, the county collects a 4-percent sales tax. That would continue under this agreement. The state collects 4 percent, making the local sales tax 8 percent.

The Batavia City Council will be asked to vote on the new agreement at Monday's meeting. The Count Legislature will vote next Monday.

Gsell said he expects to hear by tomorrow if the attorneys in the Comptroller's Office will recommend approval to their boss, Tom DiNapoli. Gsell said if the attorneys recommend approval, DiNapoli will likely approve the agreement.

The City and County have been negotiating the new agreement for more than a year. A committee that included city and county staff leadership and elected officials from both bodies participated in the discussions.

While towns and villages don't get to participate directly in the agreement, the City and County need to work out a deal because, under state law, the City has the ability to levy its own sales tax.

As part of the agreement, the City agrees not to institute its own sales tax.