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Voters in the Le Roy Fire District are being asked this evening to decide whether to approve a plan to purchase a new ladder truck for the Le Roy Volunteer Fire Department.

The polls are open from 6 to 9 p.m. at the district office, 4 Clay St., Le Roy.

The district is asking voters to approve a loan of $1 million, an expenditure of $400,000 from reserve funds, and the sale of an existing ladder truck.

The two resolutions:

Resolution  1: “Bond resolution of the Board of Fire Commissioners of the Le Roy Fire District in the Town of Le Roy, Genesee County, New York, authorizing the acquisition of one firefighting vehicle at a maximum cost of $1,400,000; and authorizing the issuance of up to $1,000,000 in serial bonds of said fire district to finance a portion of the cost thereof.”

Resolution 2: “Resolution of the Board of Fire Commissioners of the Le Roy Fire District  in the Town of Le Roy, Genesee County, New York, authorizing the disposition of the fire district’s 2002 Pierce 100-foot ladder truck  including incidental equipment and apparatuses to be used in connection with such vehicle.”

In a letter of support for the resolutions, commissioners said now is the time to act because of anticipated increases in the costs of manufacturing, additional mandated certificates, and economic conditions that will drive up the cost of replacement of the current ladder truck.

At the same time, the resale market value of the existing truck, which will be 18 years old by the time it is taken out of service, will only decrease. 

The following people were arrested by the Genesee County Sheriff’s Department during the G-Eazy Concert at Darien Lake Performing Arts Center on Friday.

Terrance L. Falk, 19, of Watson Street, Batavia, is charged with disorderly conduct, harassment, 2nd, and resisting arrest after allegedly yelling several obscenities around other individuals while being ejected from the concert venue causing a disturbance; head-butting a Live Nation employee in the face; and fighting with law enforcement while being placed under arrest. Falk was arraigned in Darien Town Court and jailed in lieu of $500 bail. 

A 16-year-old of Audubon Drive, Amherst, is charged with false personation, obstructing governmental administration, and resisting arrest after allegedly being refused entry into the concert venue, running into a restricted area, fighting with law enforcement while being placed under arrest, and then giving a false name to law enforcement. The youth was arraigned in Darien Town Court and jailed in lieu of $2,000 bail.

Kaitlyn M. Kist, 19, South Creek Road, Derby, is charged with criminal trespass, 3rd, after allegedly reentering the concert venue after being ejected and told not to return. Kist was arraigned in Darien Town Court and jailed in lieu of $200 bail.

Brittany J. McGruther, 22, of Lower Mountain Road, Lockport, is charged with criminal trespass, 3rd, after allegedly reentering the concert venue after being ejected and told not to return. Brittany was arraigned in Darien Town Court and jailed in lieu of $200 bail.

Michaela R. Bohn, 18, of Clinton Street Road, Batavia, is charged with criminal possession of a controlled substance, 7th, after allegedly being found in possession of a small quantity of cocaine and heroin.

A 17-year-old of South Main Street, of Angola, is charged with trespass after allegedly climbing on top of a concession stand and entering a restricted area.

Adam L. Vargas, 20, of Coleman Street, Barker, is charged with trespass after allegedly attempting to reenter the concert venue after being ejected and told not to return.

A 17-year-old of South Union Road, of Williamsville, is charged with trespass after allegedly attempting to reenter the concert venue after being ejected and told not to return.

John J. Rozmus, 23, of Laird Avenue, Buffalo, is charged with disorderly conduct for allegedly yelling several obscenities around other individuals trying to enter the concert venue, causing a disturbance.

Kaylin M. Carlson, 19, of Route 64, Bloomfield, is charged with harassment, 2nd, after allegedly punching another individual in the face.

Timothy D, Trask, 19, of Wilkinson Road, Erin, is charged with harassment, 2nd, after allegedly pushing and shoving law enforcement while being ejected from the concert venue.

Ashley R. Jolliff, 22, of Lowell Road, Tonawanda, is charged with harassment, 2nd, after allegedly shoving a law enforcement officer while another individual was being arrested.

Able Nazareem Supreme Jones, 18, of Falls Street, Seneca Falls, is charged with unlawful possession of marihuana after allegedly being found in possession of a small quantity of marijuana.

(Name redacted upon request), 19, of Woodmore Court, Lockport, is charged with unlawful possession of marihuana after allegedly being found in possession of a small quantity of marihuana.

Cornelius Lawson III, 21, of Middle Street, Geneva, is charged with unlawful possession of marijuana after allegedly being found in possession of a small quantity of marijuana.

An odor of natural gas is reported at Arby's in Batavia.

At least one person reports feeling ill.

City Fire and Mercy EMS responding.

UPDATE 1:47 p.m.: National Fuel on location.

UPDATE 2 p.m.: City Fire is turning the scene over to National Fuel and is going back in service. Mercy EMS has five sign-offs.

Press release:

"After a great deal of reflection, and consultation with my family, friends, and community over the last several days, I am removing myself from consideration in the search to find a replacement candidate for the 27th Congressional District. I’m not giving up this opportunity lightly, but the decision is easier because there are so many other qualified candidates. These last few weeks have been a whirlwind. It has been an honor to have been asked by so many to consider a run for Congress.

"The chairmen and chairwomen who will make this very important decision have been thrust into unchartered waters and a very difficult situation. They have taken their responsibilities seriously and have been very thoughtful and deliberative. No other group of individuals is better able to handle this challenge. I want to commend those who have answered the call. Many are my friends, some are my colleagues, and each would make an exceptional member of Congress. Each has strengths and weaknesses which have to be carefully weighed by the chairs charged with finding a solution.

"These last few weeks have been quite an experience for which I am grateful and will always remember. I wish the eight chairs Godspeed as they work their way through this process. All candidates seeking to become the next Congressional Representative are to be commended for accepting this challenge. I wish them good luck and will wholeheartedly support whoever is chosen.

"It was an honor to have been asked by so many to consider this opportunity. I am blessed with the opportunity to serve the residents of Erie, Genesee and Monroe counties and look forward to continuing to represent them in the New York State Senate." 
 

Press release:

In the two weeks since Congressman Chris Collins was indicted by the FBI, Nate McMurray’s campaign for New York’s 27th  Congressional District has steamed ahead with huge momentum.

Nate McMurray, the current Grand Island supervisor and Democratic and Working Families Party candidate for Congress, has run nonstop across the 27th District, meeting with hundreds of voters, doubling the number of volunteers helping his campaign, making key staff hires, and raising more than $100,000 in just a few days.

“I’ve spent the last seven months crisscrossing the district talking to voters and I can tell you that there was always a palpable grassroots energy but now it’s absolutely booming,” McMurray said. “Everywhere I go, I meet voters of all parties and I’ll tell you what I hear: they tell me that the system is broken.

"They feel ripped off by politicians who abuse their power and feel insulted by party bosses playing kingmaker. They use the word ‘corrupt’ and they’re right. Every day I hear them say that the system isn’t working for them and that want a real change.&rdquo

“The energy here in the 27th District is electrifying,” said Campaign Manager Victoria Dillon, Western New York native and an alumna of the Obama Administration, Iowa Caucuses and Capitol Hill, where she helped Congresswoman Louise Slaughter pass the STOCK Act to stop insider trading in Congress. “The campaign’s growing, Nate’s everywhere and voters are listening.”

In the two weeks since Congressman Collins was indicted:

McMurray has crisscrossed the 27th District eight times.

McMurray's campaign has received more than $100k in donations in the past two weeks from thousands of contributors.

McMurray's campaign has more than doubled the number of volunteers in our movement to get him elected to Congress.

McMurray's campaign has hired two additional staffers including Amherst-native Victoria Dillon as campaign manager.

Local leaders have publicly cheered Nate on including: Former Congressman John LaFalce, former WKBW anchor Susan Banks, and Niagara Falls Mayor Paul Dyster.

McMurray has received huge support from the labor community including: the United Steelworkers, Service Employees International Union 1199 and the New York State United Teachers.

That adds to his support from the Western New York Area Labor Federation, New York State AFL-CIO, Amalgamated Transit Union Local 1342, United Food and Commercial Workers Union Local One, Communication Workers of America, International Association of Machinists and Aerospace Workers, International Brotherhood of Teamsters, International Union of Painters and Allied Trades and United Auto Workers.

In Ontario County: McMurray walked into a standing-room-only crowd in Farmington, a town that hadn't had an established Democratic committee until six months ago.

In Livingston County, he talked to more than 100 voters in Hemlock.

In Wyoming County: the day after Congressman Collins was indicted, our expected crowd doubled at a house party in Silver Springs.

McMurray has held rallies and barnstorms and house parties in Avon, Clarence, Canandaigua, Hemlock, Farmington and Silver Springs and received support from friends and neighbors at events in Grand Island, Amherst, and Buffalo.

He drove in the World’s Largest Demolition Derby at the Erie County Fair and attending the Wyoming County Fair.

He has conducted more than 30 national and local media interviews and held four press conferences.

About Nate McMurray

Nate McMurray is a native of North Tonawanda. He is one of seven children raised by his widowed mother when his father died of cancer at the age of 39. Nate worked his way through community college, earned a bachelor’s degree at SUNY-Buffalo, then went on to law school and a successful career in business.

For the last two years, he’s served as town supervisor of Grand Island, a conservative community in Western New York, where he has been instrumental in bringing fiscal responsibility to local government and millions of dollars in new business investment to the town. For more on Nate McMurray and his campaign for Congress in NY-27, visit www.votemcmurray.com.

Press release:

It looked like a trackside racing crowd from the 1960s at Batavia Downs as a gathering of more than 4,000 people jammed the stands and the apron to watch the 14th annual “Dachshund Dash” on a beautiful late summer Sunday afternoon (Aug. 26). The Wiener Dog Races were the centerpiece of Batavia Downs Family Fun Day presentation.  

Eighty dogs were programmed to compete in 10 heats with one winner from each advancing to the final. And after several close finishes, three romps and one runaway dog, “Louie” nosed out “Jasper” in a photo finish with “Dexter Tyberius” finishing a close third in the championship heat.

Louie is owned by Bruce Hummel, of Pittsford, and quickly became a fan favorite in the Purple Haze winner’s circle after the race.

All those who entered received doggie bags courtesy of Genesee Feeds of Batavia, the official sponsor of the race. The owners of all heat winners received $25 in gaming Free Play and the top three finishers in the championship race received two Clubhouse buffet certificates and $100, $75 and $50 (first through third) in Free Play for the gaming floor. The top winner’s total prize package including the gaming Free Play is valued at $200.

Photos by Howard Owens.

It was a near capacity crowd at The Ridge NY in Le Roy last night for Travis Tritt.

Co-owner David Luetticke-Archbell said both VIP tickets and the campground were sold out. Once the Frostridge Campground sold out, he started referring customers to other campgrounds in the county and three other campgrounds sold out.

He doesn't have an exact ticket count yet but he said it may have been the largest crowd ever for a concert at The Ridge.

Last night's sunset looking down East Main Street, Batavia.

Legendary local sports broadcaster Wayne Fuller was honored before Saturday night's Batavia Muckdogs game. Last week, Fuller was inducted into the NYPL Hall of Fame and the league provided the team a plaque that will be placed in the press box at Dwyer Stadium.

Accepting the plaque on behalf of his friends, colleagues, and family were Martha Bailey and Paul Spiotta. Representing the Muckdogs, Brendan Kelly, assistant general manager, left, and Dave Chase, general manager.

The Muckdogs beat Williamsport 4-2, scoring all four runs in the second inning with two outs. Tanner Andrews (2-0) got the win and C.J. Carter picked up the third save.

Batavia is home again this afternoon, starting the final home three-game series of the season, against State College. Game time is 4:05 p.m.

Bill Hayes, with his grandchildren Joshua Prong, William Hayes Prindle, and Matthew Robert Prindle Jr., threw out the first pitch.

The Genesee Chorale sang the National Anthem.

Starting pitcher Chris Vallimont.

Bubba Hollins, third base, hops as each pitch is delivered.

Michael Donadio

Sean Reynolds lead off the 2nd with a double. He was later thrown out in a play at the plate.

About a dozen players and coaches, including manager Mike Jacobs, came out to the ballpark Saturday morning to provide baseball instruction to 30 or so young ballplayers at the Batavia Muckdogs annual youth camp.

Young players were given tips on fielding, hitting, running the bases, and pitching.

A caller reports smoke coming from under the porch and possibly from the basement of a residence at 5 Franklin St., Batavia.

The occupants have been advised to evacuate. 

City fire dispatched.

UPDATE 10:25 p.m.: Fire contained to the porch, smoldering right now.

UPDATE 10:31 p.m.: Fire is out. Overhauling.

An 80-year-old resident of Medina was pronounced dead at the scene Friday evening of a two-car accident at the intersection of Pearl Street Road and Wortendyke Road, Batavia.

The investigation so far indicates that Irene B. Cichocki was driving a 2018 Kia Sportage westbound on Route 33 when it was hit broadside by a 2016 Honda Pilot that was southbound on Wortendyke Road.

The Pilot was driven by Lauren D. Power, 17, of Scotch Plains, N.J.

Power reportedly told investigators she was unfamiliar with the area and did not see the stop sign on Wortendyke.

Power, along with her passengers, suffered minor injuries and were transported to Strong Memorial Hospital for evaluation and treatment. Her passengers were Marianna D. Ban, of Hamlin, Sophia E. Buono, of Rochester, and Justin R. Barnard, of Rochester.

The investigation indicates that after Power's Pilot hit Cichocki's SUV, the Sportage overturned multiple times and came to rest in a grassy area on the south side of Pearl Street Road.

Neither alcohol nor drugs are considered a factor in the accident.

Power was issued a citation for alleged failure to stop at a stop sign.

The cause of the accident is officially still under investigation.

The investigation is being conducted by Undersheriff Gregory Walker, Sgt. Andrew Hale, Investigator James Diehl, Investigator Joseph Loftus, Deputy Kyle Krzemien. Trooper Brackett assisted at the scene along with Mercy EMS, East Pembroke fire, and Town of Batavia fire, and L & L Towing.

A car has reportedly hit a pole in the area of 7921 Hopkins Road, Pembroke, and the pole is down and blocking the roadway.

Unknown injuries.

Pembroke fire and Indian Falls fire dispatched along with Mercy EMS.

UPDATE 1:33 p.m.: The accident is just inside Alabama's district. Alabama fire being dispatched. Indian Falls chief on scene advised Alabama to come in from Sand Hill Road. Pole is completely sheared off, blocking the road, wires are down. Both occupants are out of the vehicle and walking. One ambulance should be sufficient.

Michelle Ann Case, now 50, and twice convicted of stealing money from her former employer, HomeCare & Hospice, has yet to pay back any of the more than $14,000 she took by falsifying business records.

The former Bergen resident was back in County Court today for a restitution hearing, which consisted primarily of her attorney, Public Defender Jerry Ader, and District Attorney Lawrence Friedman providing Judge Charles Zambito reams -- one of the four folders was three-inches thick -- of reading material.

The folders contained trial transcripts, transcripts of the 2012 restitution hearing, and documentation of the falsified reports.

By law, Case will be required to pay at least $3,000, the amount specified by the language of the statute in penal law she violated, but only a judge, after reviewing evidence, can order a defendant to pay more than that statutory amount.

Legal troubles for Case go back to at least 2010 when she was arrested and accused of stealing more than $35,000 from two elderly patients. Those charges were dismissed with no explanation from Judge Robert C. Noonan and the case files were sealed.

In 2011, Case was arrested again, this time accused of submitting false claims for hours worked and miles driven to HomeCare & Hospice. She was convicted March 1, 2012, and sentenced to four months in jail and probation.

Nearly two years later, an appeals court overturned her conviction and ordered a new trial.

The jury again returned a guilty verdict in July 2014.

At her sentencing in August 2014, Case told Noonan, she had done nothing wrong and said the real criminals were the executives at HomeCare & Hospice.

"These rules were new and used retroactively to make my legitimate paid time into unpaid time in an attempt by Hospice to claim I stole from them and in effect steal themselves," Case said. "They then fraudulently submitted their so-called losses to insurance and filed a false report to the police."

Noonan sentenced Case to probation.

But that left the matter of restitution unresolved. 

Friedman argued that there had already been a restitution hearing on the same facts and Case had been ordered to pay $14,000 in restitution. An appeals court saw it differently and ordered a new restitution hearing. Fortunately, Friedman said, it was unnecessary this time to call all the witnesses in again. The transcripts are all Zambito needs to review the case and render a decision.

Zambito will review the documents over, at least, the next 30 days, perhaps longer, before issuing a decision.

There was only one thing Kali Zelakiewicz wanted from Judge Charles Zambito as she stood before him in Genesee County Court this morning and that was permission to continue in a drug treatment program.

The 26-year-old resident of East River Road in Grand Island was sent to the Willard Drug Treatment Center in Romulus following her conviction on fourth-degree grand larceny charges in Erie County.

With her dark hair cropped tight and clothed in prison-issued tan pants and a starched, white, button-down shirt, Zelakiewicz said Willard has been life-changing.

"There's a lot of stuff," Zelakiewicz said as she started to sob briefly, "that I've learned in 23 days that I never learned before in my life."

Zelakiewicz was arrested in Genesee County in November 2017 after a resident of Pembroke connected with Zelakiewicz on Facebook and hired her to do landscaping work. The victim provided Zelakiewicz a credit card number to cover a down payment on the work and Zelakiewicz used the information to make unauthorized purchases in Grand Island.

Information isn't available on the recent arrest in Erie County that landed Zelakiewicz in Willard but one of Zelakiewicz's prior arrests, from 2012, was for identity theft and grand larceny. Zelakiewicz was accused of using her grandmother's identity to go on a $25,000 spending spree.

Sandra Cassidy, Genesee County's newest assistant district attorney, argued for a harsh sentence given Zelakiewicz's three felony convictions.

"There doesn't appear to be an abatement or learning process by treatment and probation," Cassidy said.

But Zelakiewicz told Zambito that prior to Willard she had never been placed in drug treatment before.

Zambito had the option to sentence her to one and a half to three years in prison, with the sentence to run either concurrent to her Erie County term or consecutive to it.

The judge made the local sentence consecutive to the Erie County term but explained to Zelakiewicz that by allowing her to continue at Willard while making the sentence consecutive, he is giving her a chance to succeed but with consequences if she slips back into her old habits.

"This provides you an opportunity to prove you deserve a second chance but it also protects the community," Zambito said.

The family of Ray Morgan misses him every day, said daughter Raelee Morgan in an interview earlier this week, which is making it so hard to wait for justice in his murder case.

Batavia PD has a person of interest and that person is being held in the Genesee County Jail on an unrelated charge, but until the State Police lab reports back on the results of DNA tests from the crime scene it would be premature to try and charge that person with murder, said Chief Shawn Heubusch.

Raelee said members of the family don't feel the case is moving fast enough nor is much information being shared with the family.

"I'm not sure what they're looking for but we're doing everything we can to prepare a case to present to a grand jury," Heubusch said. "The worst thing that can happen is we present a case and the grand jury returns a no bill, then we're done. We can't present the case again."

Heubusch said the State Police lab is cooperative and has expedited the case but it still takes time to get results.

He also said investigator's sisters communicate regularly with Raelee's sister, Faith, but the police cannot release all of the information they have because there is information, if made public, that could compromise the investigation.

The 47-year-old Morgan, who besides two daughters, had seven grandchildren, was reportedly badly beaten in the attack.

Heubusch sounded a little exasperated at one point to even be talking about the case publicly.

"When you go on social media or you go to the media and start talking, it hurts the case," Heubusch said. "You could put something out there that makes it harder to get a conviction."

Raelee said the family just wants justice and they don't want the public to remember him as a person who had a criminal record but as a man who was a kind, loving family man, and friend to many people. She said everything he did, even the things that got him into trouble, was to help other people.

"He was the type of guy that no matter who you are what you've done in the past, he will give you the shirt off his back," Raelee said. "If he had 10 dollars in his pocket he would give it to you if you needed it. He was an amazing guy. He really was."

She's also upset that after Morgan's murder the night of July 24 at 111 Liberty St., Batavia, that once police left his apartment, the room was left open. Morgan's belongings disappeared, she said, and a neighbor posted gruesome, bloody pictures on Facebook.

Raelee blames the police.

"I would like to find a lawyer for the wrongdoings of the Batavia Police Department handling his crime scene because, like I said, his crime scene was not taped off; his crime scene was completely opened up," Raelee said. "Myself and my sister only received three bags of bloody clothes -- all the rest of his belongings were thrown away."

The day after the murder, Heubusch told The Batavian that once investigators finish processing a crime scene, the property is turned over to the property owner and the owner from that point is responsible for securing the scene. As a matter of Constitutional law, the police cannot maintain control of private property once it has finished processing the crime scene.

The Batavian's news partner, 13WHAM contributed to this story.

The county will add stop signs to the north and southbound lanes of Albion Road at Lockport Road in Oakfield and residents at the intersection say it's been a long time coming.

Ron and Jeanine Bauer said they've lived at the intersection for 30 years and have complained for years about traffic at the intersection.

"Actually, my neighbors have written letters to different higher-ups and nothing really's come of it," Ron said.

County Highway Superintendent said work crews will be at the intersection Monday to convert it to a four-way, or all-way, stop.

"The new signs are in response to numerous crashes and near-crashes that have occurred at the intersection over the past few years," Hens said. "The intersection currently only requires traffic to stop in one direction and there is a pattern of drivers either stopping and pulling in front of moving traffic or not stopping at the intersection at all."

Ron said he's seen many times east and westbound cars just blow through the intersection.

"Last month I was out here cutting my lawn and all the sudden I hear a zoom -- a Canadian cut right through that stop sign and if a car had been coming somebody would have gotten killed," Ron said.

There is a problem, Hens said, with how east and west drivers approach the intersection.

"Based on accident reports, it seems drivers have a sense that the intersection requires all drivers to stop even though the intersection is clearly marked that 'Cross-Traffic Does Not Stop,'" Hens said.

Jeanine expressed concern that the new stop signs will be a big adjustment for drivers on Albion Road, who have been passing through the intersection for decades without a requirement to stop.

Hens said the Highway Department has taken that concern into account. The new stop signs will be flagged until drivers get used to them.

"The All-Way stop is the best solution to remedy mistakes that drivers are currently making at the intersection," Hens said. "The All-Way stop may not eliminate all crashes, but it most definitely will reduce the severity of crashes should they occur. "

Both Ron and Jeanine said they're glad the county is taking action and hope it helps but that will take the cooperation of drivers being more attentive on the road.

"Some people just don’t pay attention," Jeanine said. "I don't know if they're messing around with their phones or don’t know what they’re doing. The fact that they’re moving so fast is an indication to me that they don’t know the stop is there or they’re not paying attention to it. It’s scary when you’re out here and you see somebody fly through the sign, it’s like, oh, that could have been really bad."

A motor-vehicle accident is reported on West Main Street, Batavia, in front of the Holland Land Office Museum.

One subject is complaining of head pain.

The cars are in the parking lot. Traffic is not blocked.

City fire and Mercy EMS dispatched.