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Larceny reported at Ulta Beauty, suspects fleeing in silver SUV

By Howard B. Owens

A larceny was reported at Ulta Beauty with three subjects running from the store on foot toward the ESL Credit Union, where they apparently got into a silver SUV and fled the scene.

The stores are in Batavia Towne Center on Veterans Memorial Drive.

Law enforcement units are converging on the area.

Responding units have gone to secure communications, so there aren't likely to be further updates on the search or pursuit.

Deputy Chad Cummings named Officer of the Year in annual awards ceremony at Sheriff's Office

By Howard B. Owens
sheriff's office awards 2024
Sheriff William Sheron reads the citation to go along with the Officer of the Year Award for Deputy Chad Cummings, who stands with his children during the awards ceremony on Tuesday at the Sheriff's Office in Batavia. 
Photo by Howard Owens.

A deputy who has distinguished himself through hard work, dedication, and a positive, professional attitude was named Tuesday Officer of the Year for the Genesee County Sheriff's Office.

Chad P. Cummings joined the force nine years ago and has consistently demonstrated a willingness to take on additional duties as he's moved through various positions in the department, said Sheriff William Sheron. 

Jason R. Queal, a corrections officer for 11 years, received the Distinguished Service Award for his work and dedication. 

Other notable awards were given to three deputies who assisted a mother in dire circumstances and six corrections officers who helped save an inmate from an attempted suicide. 

Cummings, Sgt. Jason E. Saile and Deputy Jenna M. Ferrando commendationsfor assisting a destitute mother who was the subject of a trespass complaint at a local hotel because she was unable to pay her bill on Oct. 2. After the deputies were unable to secure assistance for her with any area agency, the officers pooled their own personal funds and rented her a room at another hotel, provided the family food, and made six trips to move the family and their belongings to their new room.

Also receiving commendations were Senior Correction Officer James M. Smart and Correction Officers Dennis J. Bartholomew, Laurie J. Schwab, Tyler M. Tambe, Chester L. Sherman, & Katherine M. Stearns.

The corrections officers worked together on Dec. 20 to reinstate an inmate who had attempted to hang himself and obtained emergency medical treatment for the inmate, saving his life.

sheriff's office awards 2024
Jason R. Queal, Distinguished Service Award winner with is family and command staff.
Photo by Howard Owens.
sheriff's office awards 2024
Deputy Jenna M. Ferrando.
Photo by Howard Owens.
sheriff's office awards 2024
Sgt. Jason Saile.
Photo by Howard Owens.
sheriff's office awards 2024
Senior Correction Officer James M. Smart and Correction Officers Dennis J. Bartholomew, Laurie J. Schwab, Tyler M. Tambe, Chester L. Sherman, & Katherine M. Stearns with jail command staff, Jail Superintendent Bill Zipfel and Deputy Superintendent Jeff Searls
Photo by Howard Owens.
sheriff's office awards 2024
Deputy Jeremiah W. Gechell receiving a commendation award.
Photo by Howard Owens.
sheriff's office awards 2024
Investigator Erik B. Andre receiving a commendation award.
Photo by Howard Owens.
sheriff's office awards 2024
Investigator Ryan M. DeLong receiving a commendation. Command staff, from left, Jail Superintendent Bill Zipfel, Frank Riccobono, director of emergency communications, Chief Deputy Brian Frieday, Sheriff William Sheron, Undersheriff Brad Mazur, Chief Deputy Joseph Graff.
Photo by Howard Owens.

Press release:

Officer of the Year Award
Deputy Sheriff Chad Cummings has distinguished himself in the performance of service to the citizens of Genesee County during 2023. 

Deputy Sheriff Chad P. Cummings is a nine-year member of the Sheriff’s Office, with the last three of those years assigned to the Civil Office.  Deputy Cummings consistently displays a professional, positive attitude and unwavering work ethic.  Deputy Cummings has been a leader in civil enforcement (one of the most dangerous duties a Deputy performs).  He always accepts special assignments and has taken on additional duties, such as completing the Seal Orders in the Records Division, assisting Road Patrol with inmate transports, and handling multiple traffic complaints. 

Deputy Sheriff Chad P. Cummings has reflected great credit upon himself and the Genesee County Sheriff’s Office, and most deserve to be named Officer of the Year.

Distinguished Service Award – 
Senior Correction Officer Jason R. Queal has distinguished himself as a Genesee County Sheriff’s Office member for 11 years. 

Senior Correction Officer Jason R. Queal began his career on January 19, 2013.  During his career, he was the recipient of a Meritorious Service award for his consistent dedication in the performance of his duties.  Senior C.O. Queal is the Grievance Coordinator; he thoroughly investigates and resolves each inmate’s complaint effectively and professionally. Additionally, he is the liaison with the Commission of Corrections, assisting with the jail’s cycle reviews, and he is a firearms and defensive tactics instructor.  Senior C.O. Queal frequently assists administration with tasks that go well beyond his listed duties to ensure smooth operations and is always willing to take on additional responsibilities without hesitation.

Senior Correction Officer Jason R. Queal has reflected great credit upon himself and the Genesee County Sheriff’s Office.

LONGEVITY AWARDS:

  • Senior Correction Officer Jason R. Queal, 10 years
  • Sergeant Andrew B. Hale, 10 years
  • Case Manager Nicole M. Easton, 10 years
  • Senior Emergency Services Dispatcher Michael T. Sheflin, 15 years
  • Senior Emergency Services Dispatcher Jason W. Holman, 15 years
  • Sergeant James M. Diehl, 15 years
  • Deputy Sheriff Kevin R. McCarthy, 15 years
  • Principal Financial Clerk Deborah A. Shea, 15 years
  • Director of Emergency Communications Francis A. Riccobono, 15 years
  • Jail Cook William S. Cultrara, 15 years
  • Correction Officer Daniel J. Renz, 20 years
  • Senior Correction Officer Caleb C. Chaya, 20 years
  • Correction Officer Brian M. Manley, 25 years
  • Senior Correction Officer Peter M. Hoy, 25 years

MERITORIOUS AWARDS: 

Correction Officer Jason Buck
Correction Officer Jason M. Buck has distinguished himself by Meritorious Service as a member of the Genesee County Sheriff’s Office. 

Correction Officer Buck has been instrumental in utilizing his communication skills to de-escalate multiple situations with hostile inmates to resolve incidents calmly and without force.  He voluntarily accepts additional responsibilities such as assisting the grievance coordinator, training new officers, and accepting overtime shifts when needed.  Correction Officer Jason M. Buck is a true asset to the department; his professionalism, dedication, and work ethic are an example for others.

Correction Officer Jason M. Buck has brought great credit upon himself and the Genesee County Sheriff’s Office.

COMMENDATIONS:

Sergeant Jason E. Saile, Deputy Jenna M. Ferrando, & Deputy Chad P. Cummings
These officers are being recognized for their actions while on duty on October 2, 2023.  A call was received for a trespass complaint at a local hotel.   It was determined that a guest had no way to pay for her room and was asked to leave.  The guest was with two children and stated they would be homeless if they left the hotel.  Attempts to secure assistance were unsuccessful because there was none available.  These officers paid out of their own pockets for a room for the night at a nearby hotel and for food to feed the family.  Additionally, they made six trips to move the family’s belongings from one hotel to the other.  These officers are to be commended for their actions which have brought great credit upon themselves and the Genesee County Sheriff’s Office.

Deputy Jeremiah W. Gechell
Deputy Sheriff Jeremiah W. Gechell is being recognized for a Commendation Award for his actions while off duty August 10, 2023.   Deputy Gechell came upon a two-car motor vehicle accident that had just occurred on Main Road in the Town of Pembroke.  Without hesitation, Deputy Gechell stopped to assist at the scene and immediately contacted the Genesee County Emergency Services Dispatch Center with important information that a typical citizen may not know to relay.  Deputy Gechell was able to apply his own tourniquet to one of the patients who had suffered a severe leg injury and was bleeding profusely.  Applying the tourniquet stopped major blood loss until additional assistance arrived and, undoubtedly, contributed to saving the patient’s life.   Deputy Sheriff Jeremiah W. Gechell is to be commended for his actions which have brought great credit upon himself and the Genesee County Sheriff’s Office.

Sergeant Mathew J. Clor
Sergeant Mathew J. Clor is being recognized with a Commendation Award for his actions while on duty.

December 27, 2023.  A 9-1-1 EMS call was received for a resident with an arm laceration.  Sergeant Clor was nearby and responded to the call.  Upon arrival, Sergeant Clor found a male bleeding heavily from his arm as a result of an accident with a storm door.  Without hesitation, Sergeant Clor applied his own tourniquet to the patient and in doing so was able to stop the excessive bleeding until medical assistance arrived.  Sergeant Clor’s quick actions and instincts prevented more serious injury to the patient.   Sergeant Mathew J. Clor is to be commended for his actions which have brought great credit upon himself and the Genesee County Sheriff’s Office. 

Deputy James D. Stack
Deputy Sheriff James D. Stack is being recognized for a Commendation Award for his instrumental coordination and implementation of the Sheriff’s Office handgun replacement project.  Deputy Stack proposed a transition and replacement of the Sheriff's Office duty handguns by supplying rationale citing the benefit and need for an updated firearm platform and estimated costs for the project.  Deputy Stack assisted with the logistics of acquiring the needed equipment and was integral in the planning for the implementation of a training program.  The effort put forth by Deputy Stack on this project resulted in a state-of-the-art, updated firearm platform for the Sheriff's Office duty handguns.  Deputy Sheriff James D. Stack is to be commended for his actions which have brought great credit upon himself and the Genesee County Sheriff’s Office.

Investigator Ryan M. DeLong
Investigator Ryan M. DeLong is being recognized for a Commendation Award for his instrumental

contribution in acquiring a Mobile Response Unit for the Genesee County Sheriff’s Office.  Investigator DeLong proposed that the Sheriff's Office had a need for a vehicle which could be primarily used as a mobile operations center.  In addition to his primary investigative responsibilities, Investigator DeLong researched solutions and was able to identify and acquire, with minimal expense, a vehicle which could suit the needs of the Office.  Investigator DeLong followed through with outfitting the vehicle with necessary equipment and has been instrumental in the Sheriff’s Office being able to put a Mobile Response Unit into service to better serve the community.  Further, Investigator DeLong continues to be proactive with combating organized retail crime efforts.  Investigator Ryan M. DeLong is to be commended for his actions which have brought great credit upon himself and the Genesee County Sheriff’s Office.

Investigator Erik B. Andre
Investigator Erik B. Andre is being recognized with a Commendation Award for his continuous work creating proactive investigations.   Throughout 2023, Investigator Andre has maintained a substantial caseload of active investigations as well as aggressively combatting retail theft crime.  Investigator Andre has worked to develop cases that may not have otherwise been pursued as they were not initially reported by the stores themselves.  By pursuing these cases, Investigator Andre not only holds the perpetrators accountable, but he has also developed information that has been valuable in other investigations.

Investigator Erik B. Andre is to be commended for his actions which have brought great credit upon himself and the Genesee County Sheriff’s Office.

Senior Correction Officer James M. Smart and Correction Officers Dennis J. Bartholomew, Laurie J. Schwab, Tyler M. Tambe, Chester L. Sherman, & Katherine M. Stearns
These officers are being recognized for their actions while on duty on December 20, 2023.  At approximately 5:29 pm, there was an incident of an inmate attempted suicide.  Officers remained calm, secured the scene, responded quickly, and worked together to resuscitate the inmate.  These officers are to be commended for their courage and quick actions, which have brought great credit upon themselves and the Genesee County Sheriff’s Office.

Lead Family Advocate Jacqueline M. O’Brien & Family Advocate Lydia J. Schauf
These advocates are being recognized for being instrumental in providing the Child Safety Matters child abuse prevention curriculum to over 3,000 children in the Batavia and Byron-Bergen school districts in grades kindergarten through eighth.  This prevention education curriculum has been shown to empower children with information to enhance their ability to reduce the risk of neglect, cyber crimes, bullying, physical abuse, and sexual abuse.  O’Brien went above and beyond her typical workload with many sessions provided when the CAC was short-staffed.  These advocates are to be commended for their actions which have brought great credit upon herself and the Genesee County Sheriff’s Office.

CERTIFICATES OF APPRECIATION:

JFCAC Program Coordinator Theresa Roth for her eight years of service.  She has served the citizens of Genesee County with professionalism, dedication, and enthusiasm and has been a source of pride for the Genesee County Sheriff’s Office.   

Gary Patnode for his assistance in improving training space for department firearms.  When the training staff inquired about improving a room to clean and maintain department firearms, Gary used personal time and his own supplies to build countertops to enhance the room’s space and capability.  His efforts have resulted in an improved and dedicated space to maintain equipment to the necessary standards needed for everyday duty use for the Sheriff’s Office.

Alex Moskal. Loss Prevention Supervisor and Organized Retail Crime Captain for Kohl’s Department Store, for his assistance throughout 2023 fighting organized retail crime at the Towne Center shopping plaza.  Due to Alex’s vast knowledge, experience, and countless interactions in the field, he has been able to identify countless misdemeanor and felony crime suspects via surveillance video.  He has also assisted our Office in identifying suspects involved in other retail store thefts in Genesee County, including a high-dollar theft from a local beauty supply store.  Alex provides well-written depositions, supplies complete surveillance video footage and makes himself accessible to law enforcement during off hours.

Sheriff's Office investigation apparent burglary at gun shop in Oakfield

By Howard B. Owens

In the early morning on Friday, a caller, using security cameras, observed individuals in hoodies in a gun shop on Lockport Road, Oakfield and called law enforcement while continuing to monitor their activities.

Chief Deputy Joseph Graff confirmed that emergency dispatchers received a call at 5:17 a.m.

The caller observed the suspects leave before deputies arrived on scene.  

The perpetrators are still at large.

It's unclear if they stole any items from the shop.

Graff said, "It's very early in the investigation. We don't have anything further to share at this point."

 

Local members of Democratic Socialists protest war against Hamas in Gaza

By Howard B. Owens
palestine protest batavia
Photo by Howard Owens

Calling for an end to U.S. funding what they term "genocide" in Gaza, members of the Genesee County Democratic Socialists of America conducted a protest Saturday outside of  Batavia City Hall.

"A lot of people died, a lot of people are displaced," said Logan Cole, secretary for the group. "It's not only that, but they can't come back, they have nowhere to go. The rates of death, especially the death of children, rival that of historical incidences of genocide, including the Armenian Genocide and even some of the concentration camps back during the Holocaust."

Asked for his views on Hamas, Cole said, "Their tactics are not ones I support, but it is very difficult whenever you are held in an area, in an open-air prison, and I think historically, violence has become something that is sort of inevitable when you're putting so much pressure on a particular population."

Asked if Israel shouldn't defend itself against terrorists, Cole said, "I disagree with the characterization of terrorists. I don't think the word terrorists has a place in the discourse. I don't think it's appropriate. It's like, you know, the difference between Hamas, which has killed thousands of people, and the IDF (Israel Defense Force), which I also don't consider terrorists, which has killed tens of thousands of people, where their violence is sanctioned by the state. To me, that's a minor point. I think that I hope for a ceasefire. I hope to end funding the atrocities being committed against Palestinians and, eventually, a free Palestine that is pluralistic and democratic."

After the protest, Cole emailed The Batavian the text of a statement he made later in the day during the protest.  Here is the full statement:

So much of the discussion surrounding the genocide of Palestinians in Gaza is designed to derail conversation about atrocities being committed against Palestinians or prevent one from being sympathetic to those in Gaza. One of the rhetorical devices that has been frequently employed in the propaganda and conversation surrounding Palestine is the thought-terminating cliché. A thought-terminating cliché is an overused piece of language that is intended to stop an argument or conversation, rather than give it the attention it deserves.

For example, the word “terrorist” and the concept of terrorism are often used to try to halt discussion of Palestinian losses so people do not become sympathetic to them. At times, the Israeli media would take the figures of Palestinian casualties provided by the Gaza Health Ministry and say that all of them were terrorists — for example, Israeli news sources would say instead of 9,000 Palestinians killed (many of which were literally children), “9,000 terrorists eliminated.” As far as I’m concerned, the word “terrorist” has no place in the discourse about Palestine.

Sometimes, an important problem is marginalized because it is cynically deployed as a thought-terminating cliché. Bigotry against Jewish people has been a huge problem, as we recently saw at the Unite the Right rally in Charlottesville and the synagogue shootings in Pittsburgh and Jersey City. Lately, speaking out against the atrocities committed against Palestinians and the Zionist (right-wing, nationalist) ideas that underpin them by groups like Jewish Voice for Peace and initiatives like BDS, has been deemed by some, including the Anti-Defamation League (the ADL), as “antisemitic.” Zionism is not Judaism — indeed there are more Zionist Christians in the United States than there are Jewish people in the world. Declaring an anti-Zionist statement is antisemitic solely on that basis is itself a form of anti-Jewish bigotry because it associates the entirety of Jewish people with the modern form of Zionism, which takes much of its inspiration from atrocious ideologies like Manifest Destiny and eugenics, which themselves were used to justify other genocides. Conflating anti-Zionism and anti-Jewish bigotry through the use of the term “antisemitism” takes attention from the real acts of hate and violence being committed against Jewish people every day. The use of antisemitism as a thought-terminating cliché hurts both Jewish and Palestinian people.

Ironically, perhaps the most commonly used thought-terminating cliché is the idea that the subject is complicated, complex, or that it requires nuance. Nothing ends a conversation or stops someone from asking questions faster than saying a situation is complicated.

The fact that there is a genocide in Gaza is not complicated:

  • More than 25,000 dead (more than 10,000 of them children)
  • More than 60,000 wounded
  • More than 7,000 trapped under rubble
  • More than 100 times as many children die everyday in Gaza than in the Ukrainian conflict zone
  • More than 1.9 million people have been displaced in Gaza — that’s more than 85% of the population
  • Only 5 doctors remain in Gaza
  • 83 out of ~1,000 journalists in Gaza have been killed (more than 8%)
  • More than 7,000 Palestinian political prisoners detained
  • More than 70% of homes have been destroyed in Gaza
  • 95% of those facing starvation in the world are in Gaza right now

It’s not complicated. We can’t stop thinking about Gaza. There needs to be a ceasefire, a halt to all US support for the military exploits against Palestine, no further Israeli settlements on Palestinian land, and a free Palestine from the Jordan River to the Mediterranean Sea.

palestine protest batavia
Photo by Howard Owens

Batavia and Notre Dame meet in Hoops for Hope Tournament at GCC

By Howard B. Owens
batavia notre dame hoops for hope

Batavia and Notre Dame faced off against each other in both Girls and Boys Basketball in support of a good cause at Genesee Community College.

The Hoops for Hope Tournament benefited the Michael Napoleone Memorial Foundation.

The Notre Dame girls won the first game 29-24. For the Irish, Sofia Falleti scored eight points and had five rebounds. Emma Sisson scored seven points and had 17 rebounds. For the Blue Devils, Isabella Walsh scored 15 points.

In the nightcap, Batavia beat Notre Dame 53-49. Carter Mullen led the Blue Devils with 17 points. Casey Mazur scored 12 points and Gavin White and Justin Smith each scored eight. For the Irish, Jaden Sherwood scored 20 points.

Photos by Pete Welker.

batavia notre dame hoops for hope
batavia notre dame hoops for hope
batavia notre dame hoops for hope
batavia notre dame hoops for hope
batavia notre dame hoops for hope
batavia notre dame hoops for hope
batavia notre dame hoops for hope
batavia notre dame hoops for hope
batavia notre dame hoops for hope
batavia notre dame hoops for hope
Submitted photo.

School safety expert in Pavilion gives advice: space and separation, survive, make sure kids live well

By Howard B. Owens
Don Shomette pavilion central school
Don Shomette, public safety expert, speaking in the auditorium on Thursday at Pavilion High School.
Photo by Howard Owens.

Since it was a small turnout in the Pavilion High School Auditorium on Thursday evening, Don Shomette, a school safety consultant, decided to have a conversation instead of his planned presentation.

He took questions and offered answers.

Those answers included three rules for staying safe if you find yourself in public during a safety crisis, such as an active shooter: act fast, get space and separation, and survive.

Don Shomette
Don Shomette

"Run, Hide, and fight -- I like it because nobody created it," Shomette said. "It wasn't as if someone sat down and said, 'You know what I'm going to do? I'm gonna go ahead and create a strategy that people can use to make themselves safer. That's not what they did. What happened was we watched a million people react to violence, and we said, 'Oh, everybody does one of three things. They run, hide or fight, or they do a combination of it. What I love about it is all of us will naturally do it."

Shomette is a former Marine, combat veteran, and former school resource officer with more than 30 years of security experience.  He has consulted with police departments, municipalities, and school districts nationally.  He provided the district with a vulnerability assessment based on personal visits inventorying all aspects of the campuses, as well as staff development training and Thursday's community meeting.

The low turnout for his talk on Thursday -- less than a dozen people -- was actually a good sign, Shomette said.  It is a sign there isn't a lot of anxiety about potential violence within the district and that there hasn't been a tragic or troublesome event in the area recently.

Advice for responding to violent acts
As for his advice, if you're in the proximity of violence, acting quickly can help save your life, and the thing you are most likely to think about first is getting away from the violence, Shomette said.

"If you're in a room and you hear what sounds like fireworks or firecrackers, chances are it means that the violence is far away from you, or it's not extremely close to you," Shomette said. "In that case, I would run to the door, close the door, lock the door and get out of the way. I'd stay in the room. Chances are, that might be the best thing to do. Okay, why stay in the room? If you can close and lock a classroom door, you have about a 99 percent chance that no threat will enter the classroom. That is, statistically speaking, what school attackers do is they tend not to destroy doors; they try the handle, and then they move on. So if you're in a classroom and you hear what sounds like firecrackers, my advice to you is if you can get to the door and close and lock it, stay there."

That's creating space - you're putting a physical object between you and the attacker.

If you're in the hallway, he said, you need to create distance. That means running.

"I will say that the vast majority of people who go outside tend to survive," Shomette said.

He cautioned, though, that you want to be sure you're running away from the violence and not toward it. 

Prioritizing survival is fighting, Shomette said. You're fighting to survive.

"You have to adopt the mindset right now that you're going to do anything you had to do to survive," he said.

He told the story of two people at a mass shooting who crawled into a hole in the wall that officials couldn't believe one person could fit in, let alone two.

When it comes to fighting back, that is a matter of assessing your situation and understanding what you've trained or practiced to do.  Some people are better equipped based on size alone or the equipment they care to provide physical resistance to an attacker.  He drew attention to, for example, School Resource Officer Trevor Sherwood, who was in attendance and is a large man, a trained peace officer who, if on campus, is probably properly equipped to fight back.

"Typically, we think of fighting as going physical," Shomette said. "If you can go physical, go physical. Trevor, stand up. I want you to look at Trevor. Trevor should go physical, don't you agree? Thanks, Trevor. I mean, I would bring Trevor with me and put him in a glass cage and just break it and say, Trevor, take care of it. If I told Trevor not to fight or as a last resort fight, it would be crazy because Trevor is trained; it's his natural, probably, proclivity. It's what he's going to be leaning towards."

But not everybody is well suited to taking on an attacker. Most people aren't, in fact. That's where space and distance comes into play, which Shomette said is also fighting because it's about surviving.

"The deal is 99 percent of people do not first think of physically fighting," Shomette said. "They tend to be 1 percent of people who physically fight. So don't be discouraged by this. Everybody fights in a crisis. If you run, you're fighting. If you hide, you're fighting. If you survive, you're fighting.”

Protecting yourself
Since students can't carry pepper spray, one young woman asked about carrying hair spray as a defensive weapon. 

That's fine if you're practiced in how you would deploy so that you're ready to react in a tense, life-threatening situation, Shomette said, but space and distance may still be your better option if it is an option.

"I would not, however, bank on the idea that I'm going to do something brand new that I've never done before," Shomette said.

When Shomette was a young police officer, he was provided with pepper spray and not a lot of training or practice time on using it.  He was pretty horrible with it as a defensive tool at first, he admitted.  One time he accidentally sprayed his partner in the face with it.

"That was the worst feeling in the world, seeing that red go on his face," Shomette said. "I felt very comfortable using it."

He eventually became proficient, but it took time.

He recalled a mass shooting in a bar, where dozens of adult customers were standing around with beer bottles in their hands.

"How many grown-ups threw a bottle at the attacker? None of them," Shomette said. "None of them, and you would think that they would do it. But the deal is when a crisis happens -- here's this part that it's hard to describe, and it's kind of painful to say, but during an extremely violent act, it is unlike anything you've ever experienced. You can you can feel it. You'll feel the vibrations. You can feel things hitting you. You smell things. In extreme violence, you can smell things that you never thought about. 

"I look at photos of some things that have happened that I've been involved in, and I still remember what that smelled like. I remembered the smell that was there in extreme violence. I don't know if it's from the room or from the weapons being discharged, but I can remember tasting metal. I look at some photos, and I taste metal. I guess my point is that stay away from extreme violence and get away from it. It is shocking. It is incredibly unnerving. You tend to fall back on the things that you feel most comfortable doing."

Mental health
Shomette started his discussion by sharing his views on the primary cause of mass violence -- mental illness, and the fact that mental health is what society needs to address and what parents need to see as a primary need of their own children.

"There are lots of people who believe what's happening is because of lots of reasons," Shomette said. "I won't go into all the reasons, but they are heavy, big-time debates.  ... This is me. My thoughts. The number one problem, or the number one driver for me, about why we have school attacks is because of mental health, hands down. Why do I say this? I just don't say it because I believe it. I study school attackers. I put on classes for police officers that are five days in a row, eight hours a day. All we do is talk about school attackers, who they are, and what they do. 

"I'm not trying to be insensitive, but after every school attack, the newspaper could read, 'We have learned nothing new.' We've learned nothing new for the last 10 years. We have known everything about school attackers, there is nothing new. Every time, it's shocking, but there's nothing new. The mental health aspect is, without a doubt  -- I think every school attacker suffers from mental health illness because they've had a break with reality and they believe it's okay to take a life. Would you agree that that's totally unhealthy? So I think by the act itself, whether they were diagnosed mentally ill or not, it doesn't matter, in the act of murdering an innocent person, you have proven that you are mentally ill."

Parents, he said, watch your kids and make sure they overcome the barriers they encounter in life and enjoy life.

"Are you ready? I have eight kids," Shomette said. "I am super vigilant, hyper-vigilant. I look at all my kids, and I think about these things on a very personal level. If you live life well, I think you tend not to choose violence. I worry that people who don't live life well long enough, they go down. We make the mistake of just going out there and saying they're mentally ill, but they're really not mentally ill. 

“They say that whatever you practice, you become good at whatever it is you practice,” he said. “So, if you have kids, my advice is to do everything you can to help them live well. If kids can live well, I think we'll get rid of most of our issues and problems."

Hornets top Lancers in Boys Basketball 64-45

By Howard B. Owens
elba oakfield basketball

Oakfield-Alabama beat Elba on Thursday evening 64-45.

Avery Watterson scored 27 points for the Hornets. Gavein ARmbrewster scored 8, and Kyler Harkness scored eight, as did Nate Schildwaster.

Ashley Bezon scored 15 points for the Lancers and Mike Long scored 11.

Also, in Boys Basketball on Thursday, Pembroke beat Notre Dame 60-54. Tyson Totten scored 24 points for the Dragons.

Photos by Debra Reilly.

elba oakfield basketball
elba oakfield basketball
elba oakfield basketball

Byron-Bergen tops Lyndonville 69-15

By Howard B. Owens
byron bergen basketball

Byron-Bergen beat Lyndonville on Thursday night 69-15. 

Braedyn Chambry scored 24 points, and Colin Martin scored 10.

It was the Bees' 11th win of the season.

Photos by Jennifer DiQuattro
byron bergen basketball
byron bergen basketball

Two cars involved in accident on Route 5 in Pembroke on Thursday evening

By Howard B. Owens
pembroke accident

Two ambulances were requested to the scene of a two-car motor vehicle at 6:40 p.m. on Thursday in the area of 1396 Main Road, Pembroke.

There's no information available on the status of the patients.

Pembroke Fire and Indian Falls along with Mercy EMS responded to the accident. East Pembroke assisted with traffic control at Boyce Road.

The Batavian will provide an update if an accident report is released by law enforcement.

Reader-submitted photos.

pembroke accident
pembroke accident

Photo: Fog at BHS

By Howard B. Owens
fog at batavia high
Dense fog rolled into Batavia this afternoon, including the campus of Batavia High School.
Photo by Jason Smith.

Former Batavia Downs employees file lawsuit alleging wage theft and sexual harassment; OTB documents point to inconsistencies

By Howard B. Owens
Batavia Downs 2022

Three former employees of Batavia Downs have filed a lawsuit against Western Regional Off-Track Betting Corp. and two supervisors, alleging sexual harassment and wage theft.

The suit was filed in Genesee County on Wednesday. It names as plaintiffs, Tara Sweet of Elba, Corrine Armison of Batavia, and Brooklynn Cline of Belmont.  

All three are claiming wage theft by supervisors keeping a share of pooled tips, and Sweet is making allegations of sexual harassment.

The defendants, besides Batavia Downs and WROTB, are Scott Kiedrowski, chief operating officer, and Daniel Wood, director of security.

WROTB has not yet had an opportunity to file with the court a response, but The Batavian obtained two letters previously written to a union representative and the attorney for the plaintiffs that provide assertions that seem to refute the allegations in the suit, along with a letter from the attorney representing the plaintiffs.

Sweet was terminated by Batavia Downs on Nov. 16. Armison and Cline both quit their jobs in the spring.

The lawsuit alleges that Sweet was fired because she filed a grievance over a policy that allowed supervisors to get a share of tips from customers. Supervisors getting a share of tips in a tip pool is both unlawful and a violation of the collective bargaining agreement between WROTB and the United Public Service Employees Union. 

She also alleges that Kiedrowski made unwanted sexual advances, sent texts that made her feel uncomfortable, made inappropriate requests and that Wood made inappropriate comments and inappropriately touched her.

According to a letter written to Antonella Rotilio, a labor relations representative for UPSEU in Albany, by Danielle N. Fleming, WROTB director of human resources, Batavia Downs became aware of the alleged sexual harassment through communications from the union.

The letter expresses frustration with the union for not providing more information to assist in the investigation and notes that the complaint to the union, rather than human resources, was contrary to the terms of the employee handbook and company policy. 

The complaints were reported by the union on Oct. 30th.

The letter states that on 10 prior dates, all of which are listed, Fleming requested that the union provide evidence and specific details, including screenshots of text messages, and the union never complied with these requests. 

"Your response to each of these requests has vacillated between promising to share all relevant information and then refusing to provide the information we need in order to conduct a thorough investigation of any and all allegations," it stated. 

The letter reminds Rotilio that her organization has a contractual obligation to cooperate in the investigation.

"The union is required to follow the collective bargaining agreement to mitigate any sexual harassment situations, just as the company is held to the same requirement," the letter states. "By withholding documentation that is necessary in order to investigate allegations of harassment in the workplace, the union is making it impossible for the company to investigate any potential wrongdoing and to provide appropriate measures to remediate the same."

On Dec. 18, an attorney for Batavia Downs sent a letter to Clare T. Sellers, with Hayes Dolce in Buffalo, the attorney representing Sweet, Armison, and Cline, in response to Dec. 8 letter demanding payment from Batavia Downs for $250,000 "to right these wrongs."  The letter from Sellers also demands that Sweet be reinstated and her disciplinary record be swept clean. If the demand isn't met by Dec. 22, the letter states, the demand for compensation increases to $500,000 and threatens a lawsuit if no settlement is reached.

Ginger D. Schroeder, with Schroder, Joseph & Associations, of Buffalo, informed Sellers that WROTB fully investigated claims of wage theft and retaliation against Sweet. The letter states the charges of sexual harassment could not be investigated because Sellers provided only generalized assertions and offered no evidence to support the allegation. 

Regarding the alleged theft of pooled tips, Schroeder states that the issue was resolved through the grievance process and that supervisors are no longer assisting employees with customer service.

"What your clients have overlooked in making these allegations is that they received the same amounts from the tip pool as they would have received if they had not been assisted by their supervisors in performing services for the patrons," the letter states. "This is because -- if the supervisors had not assisted them -- other employees in the bargaining unit would have assisted them, and the amounts received by your clients would have remained the same. Accordingly, when the supervisors were assigned to perform these tasks, they were not acting as supervisors but were doing the same work as your employees, and each such supervisor simply stepped in to perform the work that otherwise would have been performed by another employee." 

Because of these circumstances, the letter states that the employees did not suffer any economic loss as a result of the shared tips with supervisors. 

There is also an allegation that employees were not paid for work performed while on break.  The letter states that employees who choose to take a meal break but remain at the bar did not perform any work while at the bar during meal breaks.

As for alleged retaliation, the letter states Sweet and another employee (who is not a plaintiff in the suit but is named a person represented by Sellers in her Dec. 8 letter) were first disciplined for alleged policy violations well before Sweet filed a grievance. Sweet and the other employee were accused of over-serving a patron in 34 Rush on Aug. 5, which then resulted in a security incident involving that apparently intoxicated patron and two other patrons. Following an investigation, Sweet and the other bartender received a two-day suspension on Aug. 30.

The tip-pooling allegation was first brought to the attention of Batavia Downs two weeks later, according to the letter.

The lawsuit states that Sweet was suspended for "three days" on Aug. 30 "without just cause."

Sweet was previously warned, according to the letter, in October 2021, for allegedly over-serving a customer in September 2021. 

Another apparent incident is redacted from the letter and notes that Sweet was terminated on Nov. 16 "after providing both Ms. Sweet and her union representative an opportunity to respond to the evidence," and that she was dismissed from her job for cause.

The allegation in the suit is that Sweet was terminated without explanation and purely in retaliation for filing a grievance. 

While the letter from Schroeder states that up to that point, WROTB had received no evidence or specifics to support the claims of sexual harassment, nor even knew, prior to the Dec. 8 letter, the name(s) of accusers, the lawsuit filed on Wednesday specifies multiple incidents of alleged harassment.  

It accuses Wood of telling Sweet that she is beautiful, a hard worker and that they should run away together and get married, that "her fiance did not deserve her."  It accuses Wood of hugging her and rubbing her back without her consent. It also states that Wood invited her to his office for a back massage and that he texted her to offer her a 15-minute nap on his couch. 

The suit accuses Kiedrowski of taking Sweet and two other employees to Sabres and Bills games, to a private suite and then starting to refer to her as "Special T." That he sent her late-night texts that made her feel uncomfortable (the contents of the texts are not revealed in the suit).

In February 2022, the suit alleges Kiedrowski asked Sweet to bring him lunch in his office and that he would "give her a big tip." 

As a result, "Plaintiff Sweet was scared and creeped out by this request." 

The suit accuses Kiedrowski, along with additional complaints, of not doing anything about sexual harassment from patrons while acknowledging it occurred. 

The suit alleges that Sweet brought her complaint of alleged sexual harassment in August (without specifying a day), which is within the same time frame she is accused of over-serving a patron.  The suit does not explain how officials at WROTB would have known the complaints came from Sweet since she went to the union, which the suit acknowledges, and the union withheld the names of the employees making the allegations, according to the previously mentioned letter from human resources to the union.

The suit also claims that the other bartender was not disciplined, but Schroeder's letter states she was.

The suit states that on Nov. 16, just prior to her termination, Sweet, along with another employee, was "falsely accused" of stealing $8. This may be the incident redacted in the Schroeder letter. 

Among the relief sought in the suit, the plaintiffs are asking for payment of unpaid tips, damages, civil fines and penalties, and attorneys fees.

First Amendment question left unresolved in plea deal for Batavia mother accused of harassing school officials

By Howard B. Owens

A Batavia mother charged with harassment in the second degree for sending a series of angry emails, including one with profanity, to City School officials will not need to admit to any wrongdoing under terms of a plea agreement reached in City Court on Wednesday.

Kate Long, 39, accepted an offer from the District Attorney's Office to get the charge against her dismissed if she can avoid any additional criminal charges over the next six months.

That would wipe the slate clean, as if she was never charged in the first place. It would also mean no legal challenge to her arrest, which could have very well violated her First Amendment rights to free speech and petitioning the government for a redress of grievances.

It makes perfect sense that Long would accept the plea offer, said Constitutional scholar Jared Carter, but the plea could also potentially mean government agencies remain free to use the harassment 2nd statute to silence critics.

"My initial reaction, from a pure First Amendment perspective, is this was always a troubling case based on the facts as I understand them," Carter told The Batavian on Wednesday evening. "On one hand, there is some vindication of the First Amendment on the basis of the dismissal.  Of course, you don't have a ruling from a court saying this arrest was unconstitutional, so does the school district or law enforcement or whatever (agency) have any check on power? Can they again do what they want to do, and the short answer is, 'Yes.'  That's the unfortunate aspect of all of this."

Carter is counsel with the Cornell Law School First Amendment Clinic, based in Ithaca, and a professor of Law at Vermont Law and Graduate School. Carter specializes in First Amendment cases.

Long, a mother of three children, was issued a summons in November and charged with a single count of harassment in the second degree, a violation of Penal Law 240.26(3), which reads:

He or she engages in a course of conduct or repeatedly commits acts which alarm or seriously annoy such other person and which serve no legitimate purpose.

The charge was based on a criminal complaint filed with Batavia PD by John Marucci, president of the Board of Education for the Batavia City School District.

The complaint cited a Nov. 8 email that contained profanity and noted that Long had sent a series of emails over a short period of time complaining about how her son's Spanish class at Batavia Middle School was being handled.

In order to comment on the charge for an article The Batavian published on Dec. 18, Carter reviewed the emails and the charging documents and offered the opinion that Long's conduct would likely be viewed as protected speech by any court asked to rule on the constitutionality of her arrest. 

"They're (prosecutors) skating on very thin constitutional ice if any ice at all," Carter told The Batavian in December when discussing the arrest and prosecution of Long. "The First Amendment robustly protects Freedom of Speech, and the freedom to criticize government action. That would include criticizing the way that a school handles itself."

In 2014, the state's aggravated harassment statute, which contained similar language but specifically targeted speech, was ruled unconstitutional.  The state Legislature changed that law the following year but left open the ability of police to arrest individuals engaged in speech that is deemed offensive conduct under the harassment 2nd statute. 

Buffalo attorney Tom Trbovich, retained by Long to represent her in City Court, told The Batavian after her initial court appearance that he wasn't likely to mount a constitutional challenge to her arrest, suggesting an easier resolution could be negotiated with the District Attorney's Office.

"I think this was a good resolution," Trbovich said after court on Wednesday. "Right now, we were circling the wagons and making sure that nothing goes wrong. And hopefully, this will be taken care of in six months as if it never happened."

Asked if he thought his client committed a crime, Trbovich offered a slight smile and said, "I don't want to antagonize the office. I got a good disposition."

There are no conditions on Long over the next six months other than she avoid a criminal conviction, though Trbovich offered in court that Long would agree to have no further contact with school employees at Batavia Middle School.

Her son has transferred to Notre Dame, and her husband would have remained free to talk with school officials.

Judge Durin Rogers rejected the condition because there are typically no additional conditions on an adjournment in contemplation of dismissal.

Carter said Trbovich getting a potential dismissal of the charge for his client was understandable.

"Criminal defense attorneys try to get the best outcome for their clients by keeping them out of harm's way," Carter said. "It totally makes sense to tread carefully, to get the best outcome for his client as he can. I totally get that. I'm not second-guessing that at all."

But, he said, the First Amendment is still in play for Long if she wishes to pursue it as a civil matter, meaning, filing a lawsuit against the school district or the police department, if she feels her arrest did her harm or that it has a chilling effect on her future speech.  The fact she offered to have no future contact with the school, Carter indicated, suggests her arrest does indicate she is willing to self-censor out of fear of repercussion.

"You have to have some sort of injury to get in the courthouse door," Carter said. "Would a chilling effect be enough if she wanted to bring a First Amendment case? It could be injury enough to get in the courthouse door."

Notre Dame tops Byron Bergen in boys hoops, 62-58

By Howard B. Owens
byron bergen notre dame basketball

Byron-Bergen fell to Notre Dame in Boys Basketball on Monday, 62-58.

For Notre Dame, Jaden Sherwood scored 20 points, Ryan Fitzpatrick, 16, and Makyell Walker, 10.

Braedyn Chambry scored 21 for the Bees, and Brody Baubie scored 10.

In other Boys Basketball action, Batavia beat HFL 61-57. Carter Mullen scored 19 for the Blue Devils.  Casey Mazur and Aiden Bellavia each scored 12.

Photos by Jennifer DiQuattro.

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byron bergen notre dame basketball
byron bergen notre dame basketball

Woodward Memorial Library forced to close during cold snap because of inefficient heat pumps after upgrade

By Howard B. Owens
woodward memorial library no heat le roy
Woodward Memorial Library in Le Roy on Monday evening.
Photo by Howard Owens.

UPDATE: The Woodward Memorial Library is open today (Tuesday, Jan. 23).

CLARIFICATION: The term "heat pump" was not used in the discussion, just "pumps."  In non-boiler, home heating, "heat pump" refers to the heating system itself.  The school district uses a boiler system with a pump that pumps heat to the library. In the story, we didn't use the term "heat pump" but for the sake of a shorter headline, used it in the headline.

Libraries should be a quiet place.

But you shouldn't need to bundle up to read a book or a magazine, surf the net, or browse through the stacks.

For five-and-half-days, the Woodward Memorial Library in Le Roy has been quiet, frigid, and, as a result, closed. 

The lack of heat is the result of an apparent miscommunication between a vendor, a designer, and an installer who last year was tasked with upgrades to the boiler systems that delivers heat to Wolcott Street School and the library.  The upgrades were an add-on to the Le Roy Central School District 2022-23, $12.1 million capital improvement project, which was possible after other expenses came in lower than estimated.

The district owns the library building but does not operate the library. The boilers for the library's heating system are in the elementary school.

The failure of the heating system wasn't apparent in the spring when the work was completed, over the summer, or during the unusually warm weather in the first part of this winter.

Now that temperatures have dropped drastically, district officials have discovered the boilers used to generate heat for Woodward have pumps on them that are incapable of pushing enough heat from Wolcott Street School to the library building.

Superintendent Merritt Holly told the Board of Education on Monday that there was an issue with the design specifications, an issue with the installer not communicating the proper information about the system back to the designer, and there is concern about the pumps themselves and whether they are working at specification.

The pumps are supposed to provide enough heat -- leaving Wolcott Street School at 140 degrees -- to heat the building, the loading dock, and the pedestrian sidewalk leading up to the building.

Holly said he anticipated a question from board members: Who is going to pay for the mistake?

"If everything checks out (on the design and installation), then we go back to really what should be a warranty issue, the motor not being right or if there's a defect," Holly said. "That's a very small percentage. If that's the case, I think it's going to come down to how the communication between the designer and the installer designer."

In other words, Holly expects either a manufacturer's warranty to cover the cost of both a temporary fix and a long-term solution, or for the designer or installer, or both, to pay those costs.

New motors for the pumps -- which would provide only a temporary fix -- are in stock in Buffalo, Holly said he was told Monday morning, so it's a matter of getting a crew from the installer to Wolcott Street School to replace the motors.  That should be soon, but Holly doesn't have a firm commitment yet on a date.

"Remember, this is a band-aid fix until we get off heating season (so a longer-term replacement system can be installed)," Holly said.

In the meantime, he's hoping temperatures rise a bit for a few days, which would enable the current system to get the library's interior temperature up to 65 degrees so the library could reopen.

The ineffective pumps are only on the boilers for the library. The school is not affected. Those boilers have new, appropriate pumps and motors.

"The best case scenario is that tomorrow, I get an answer that our installer has a crew within the next couple of days, and the motors for the pumps are where they say they are in Buffalo," Holly said. "When we get our hands on that, we can put together a timetable because, remember, (the library) is going to be closed down on that day."

'I enjoy helping people:' Corfu volunteer honored for 70 years of active service in fire department

By Howard B. Owens
corfu volunteer fire department installation dinner 2024
Chief Greg Lang presents Jim Mallory with a trophy as one of the honors Mallory received on Saturday evening from the Corfu Volunteer Fire Department in recognition of his 70 years of service to the community as a volunteer firefighter.  Assistant Chief Dean Eck looks on.
Photo by Howard Owens. 

There are volunteers throughout the county who remain on their department's active rolls after 50, 60, or even 70 years of service. But they aren't typically responding to calls any more.

At 88 years old, after 70 years of service to the Corfu Volunteer Fire Department, Jim Mallory still attends Monday evening training sessions, turns out to emergency calls, sometimes drives a rescue truck, and remains a member of the fire district's board of commissioners.

Mallory is still there, setting an example and sharing his experience and knowledge with younger members. 

Chief Greg Lang said that's impressive.

"He brings in all the young people," Lang said. "He's educational. He's got a brain like you wouldn't believe. He educates us. He helps keep members in the fire department because they would like to come up to his standards, you know what I'm saying? The younger guys love it.  I've learned so much from him throughout the years, it's not even funny." 

Mallory was recognized on Saturday evening for his service at the Corfu Village Hall during the department's annual installation dinner.

Mallory started to hear the siren call of the fire service as a child living near the fire hall.  The alarms would sound, and he would go to the hall to find out where the trucks were going and watch them leave.  

"I was fascinated by fire trucks," Mallory told The Batavian.

As soon as he turned 18, he signed up for service.

Since then, he's served not just as a firefighter, but on several truck committees, as fire chief, and as a commissioner.

"There was always another truck to buy," Mallory noted, and that helped keep his interest up.

And it was fun.

"I enjoyed the classes we went through," Mallory said. "I liked learning about firefighting, and I liked helping people out. If there was a call and I was able to be there, I'd be there to help out. I just enjoy helping people."

Mallory was also a successful local businessman, opening a gas station at the corner of Main and Alleghany before taking on co-owners to open a convenience store that the location, which is now Crosby's. He operated the business for 45 years.

Assemblyman Steve Hawley read a proclamation honoring Mallory.

"It is a privilege to recognize and pay tribute to individuals who have displayed a deep commitment to enhancing their communities and improving the state of New York," Hawley said before noting his 70 years of service to the Corfu Hook and Ladder Company Number One.

"James has become a model firefighter and a positive example for his community," Hawley said.

Also honored on Saturday was Kathy Skeet, as Firefighter of the Year. Skeet responded to 109 calls in 2023.

"On some of the calls, she is the chief there," Lang said. "She is the EMT. She is the fire police there. She's the only one there sometimes."

He also noted she puts in a lot of volunteer hours for department events.

"She's got 34 years of service," Lang said. "She's in charge of the Sunshine Committee. And, I can say, she's the best mother-in-law."

The department received 199 calls for service in 2023, and members provided 773 manhours of response time. There were eight fire calls, 130 EMS calls, four hazardous conditions, 15 good intention calls, and 18 false alarms.

Emergency Management Coordinator Tim Yaeger administered the oath of office to the 2024 slate of officers, which are: Chiefs Greg Lang, Dean Eck, and Dan Smith; Captains Tyler Lang and Jim Hale; EMS Captain Dillon Hale; Fire Police Captain MattLenhard; Safety Officer Justin Rodland; and Lieutenants Megan Stiles, Jacob Stiles, and Krista Hale.

corfu volunteer fire department installation dinner 2024
Chief Greg Lang looks on as Assemblyman Steve Hawley reads a proclamation to Jim Mallory in recognition of his 70 years of active service to the Corfu Volunteer Fire Department.
Photo by Howard Owens.
corfu volunteer fire department installation dinner 2024
Kathy Skeet was named Firefighter of the Year, receiving a plaque and a trophy from Chief Greg Lang. Skeet responded to 109 calls in 2023.
Photo by Howard Owens.
corfu volunteer fire department installation dinner 2024
Kathy Skeet receives a hug from her daughter Karen Lang while her son-in-law prepares to present her with a trophy as Firefighter of the Year for the Corfu Volunteer Fire Department.
Photo by Howard Owens.
corfu volunteer fire department installation dinner 2024
Tyler Lang models the turnout gear a firefighter in the 1960s, such as Jim Mallory, would have worn when responding to a call in Corfu.
Photo by Howard Owens.
corfu volunteer fire department installation dinner 2024
Tyler Lang models the turnout gear a firefighter in the 1960s, such as Jim Mallory, would have worn when responding to a call in Corfu.
Photo by Howard Owens.
corfu volunteer fire department installation dinner 2024
Tyler Lang models the turnout gear a firefighter in the 1960s, such as Jim Mallory, would have worn when responding to a call in Corfu.
Photo by Howard Owens.
corfu volunteer fire department installation dinner 2024
A short portion of old home movies from 1964 were shown during the recognition of Jim Mallory for his 70 years of service.  That's Mallory in the frame on the screen.  (Embeded video at bottom of this story)
Photo by Howard Owens.,
corfu volunteer fire department installation dinner 2024
Genesee County Emergency Management Coordinator Tim Yaeger administered the oath of office to the 2024 slate of officers for the Corfu Volunteer Fire Department.
Photo by Howard Owens.
Remote video URL

Batavia-Notre Dame United 'exorcises demon,' defeats Victor Blue Devils 4-2

By Howard B. Owens
Sam Pies scored off the faceoff early in the third period to give the United a 3-1 lead.  Photo by Steve Ognibene
Sam Pies scored off the faceoff early in the third period to give the United a 3-1 lead.  
Photo by Steve Ognibene

The past few seasons, it's been a struggle for Batavia-Notre Dame United against Victor, pernnially one of the toughest teams to beat in New York.

"They're one of the best-coached teams that we played against all season," said United's head coach, Marc Staley. "So it's a very emotional game, always with them. And I think for our kids, especially tonight, we probably were more emotional than we should have been. Just because it is Victor. It's sort of a mental block, you know, that we had to get over that hump. They've beaten us now five times in a row, combined score of 25 to four. So, for us to be able to turn it around tonight with a 4-2 win, it's sort of like exorcising the demon a little bit."

The Victor Blue Devils opened the scoring at the David M. McCarthy Memorial Arena with a goal in the first period, but United -- starting with a Sam Pies to Jameson Motyka to Brady Johnson goal a minute later -- went on an unanswered three-goal run to put them up 3-1 entering the final period.

"We went down by one, so we had to get one back," Johnson said. "We had to get pucks on the net. We knew that shots win games. So, every shot is a goal-scoring opportunity. So that's just what we're looking to do."

In the second period, the game got intense with shots on goal from both sides. United overcame back-to-back penalties but then went on the powerplay with two minutes left. Brady Johnson scored his second goal of the game in the high slot from a pass by Joe DiRisio to take a 2-1 lead after two periods of play.

In the third period, United was deep in Victor’s zone, taking a faceoff.  Sam Pies took a quick wrist shot off the faceoff draw and got shot past goalie Nate McBride.

Victor pulled back within a point in the third on a power play that Staley characterized as an undisciplined penalty, an example of letting emotions ride a little high.

"We know there is a very fine line between being a state top-ranked team and being just a good team," Staley said. "You have to stay out of the box. You have to be disciplined. You have to control your emotions. And you have to play through, weather the storm. You got to play through those tough moments, and we didn't do that as well tonight. I think we let them hang around. It ended up being a lot closer than I think it should have."

United added a bit of padding to their near the end of the game to seal the victory with a goal by Jameson Motyka.

"I think we felt like we were in control of the game," Staley said. "Most of the game, we outshot them. I thought we had time of possession on them. I think they're one of the best teams that we've played so far this year."

Pies said he thought United's defensive play was key.

"We needed to be on the defensive side of the puck at all times and couldn't take no chances with the defense," Pies said. "Pinching had to be 100 percent. They couldn't have any odd-man rushes. We had to get pucks out when we needed to, and good thing we did that, and we got the win."

Steve Ognibene contributed to the reporting of this story. To view or purchase photos, click here

Jameson Motyka in Victor's red zone, looking to score.  Photo by Steve Ognibene
Jameson Motyka in Victor's red zone, looking to score.  
Photo by Steve Ognibene
Brady Johnson and teammates celebrate his second goal of the game.  Photo by Steve Ognibene
Brady Johnson and teammates celebrate his second goal of the game.  
Photo by Steve Ognibene
Ivan Milovidov on the doorstep of Victor's goalie.  United outshot Victor 39-32  Photo by Steve Ognibene
Ivan Milovidov is on the doorstep of Victor's goalie.  United outshot Victor 39-32  
Photo by Steve Ognibene.
Jake Hutchins coming down the side boards with teammate.  Photo by Steve Ognibene
Jake Hutchins coming down the side boards with teammates.  
Photo by Steve Ognibene
Bench timeout by United.  Photo by Steve Ognibene
Bench timeout by United.  
Photo by Steve Ognibene

A farmer's wife and artist, Bernice Yunker passes away at 98

By Howard B. Owens
bernice yunker
File photo from 2013 of Bernice Yunker in her studio, Farmer's Wife Studio, in the Yunker home on Transit Road in Elba.
Photo by Howard Owens.

Bernice Yunker was more than a farmer's wife.

Born July 26, 1925 in Mineral City, Ohio, Yunker led an adventurous life -- once biking from Buffalo to and around Conesus Lake -- as a young woman before meeting her future husband, Carl, in Bennington at a small church where her father was pastor. They married in Attica in 1947.

After her time with her family in Buffalo, where her father had been a pastor, and before joining her parents in Bennington, Bernice studied art at Heidelberg College in Tiffin, Ohio, and then at the Rochester Institute of Technology. She worked part-time at the DuPont Plant in Rochester as director of graphics to help the war efforts on the home front.

When the Yunkers married, Carl was already a farmer but a short time later, they acquired 100-acres in Elba and established a home, where they would eventually raise seven children.

The Yunkers quickly established themselves in the community and became active in the Elba Presbyterian Church.  Bernice became the first woman to serve on the Elba Central School District Board of Education. She volunteered at church, with the Arc of Genesee County, the Genesee County Nursing Home, and the Hospice of Genesee.

But she is perhaps best known in the community as a talented and creative artist and art teacher.  She was a member of the Genesee Arts Council and a founding member of the Batavia of Society of Artists.

In their home on Transit Road in Elba, Carl built an art studio for Bernice. In 2013, she told The Batavian that she was proud to call herself a farmer's wife, hence, the name of her studio -- Farmer's Wife Studio.

She often told her children, “Music and art are the frosting on the cake of life!”

Her husband and their children together built, from that initial 100-acre parcel, one of the largest farm operations -- CY Farms -- in Genesee County, growing crops, raising cattle, and notably operating Batavia Turf Farms.

Mrs. Bernice Dorothea Beisheim Yunker, 98, died peacefully at home with family at her side on January 15, 2024.

Carl Yunker, at age 97, died in 2021.

In her obituary, her family says, "Bernice was the best of moms and also cared for others in the community. She used her creative gift as a visual artist to serve others and honor God. During her 74 years in Elba, Bernice supported Carl, her family and the community with kindness, energy and frankly, a lot of art and art lessons!"

A memorial service will be held on Sunday, Jan. 28 at 3 p.m. at the First Presbyterian Church in Elba

Previously: 

bernice yunker
Bernice Yunker with a few of her paintings in her Farmers' Wife Studio in Elba. Previously unpublished file photo from 2013.
Photo by Howard Owens.

Amesbury dominates in Byron-Bergen win

By Howard B. Owens
bbhoops

Janessa Amesbury's 25 points lifted Byron-Bergen over Wheatland-Chili in Girls Basketball on Thursday, 34-30.

In boys basketball on Thursday, 

Batavia beat Honeoye Falls-Lima 55-50.  Carter Mullen scored 24 points and Justin Smith scored 14.

Le Roy beat York 78-73. Merritt Holly, for the fourth time this season, topped 40 points in a game, scoring 41. He had 14 rebounds. Jean Agosto scored 15 points and had 10 rebounds. Jake Higgins scored nine points and had nine rebounds. The game went into two overtimes.  The Knights are 11-2 and on a seven-game win streak.

Photos by Jennifer DiQuattro

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Law and Order: Batavia man accused of strangulation and assault

By Howard B. Owens
brandon marsh
Brandon March

Brandon J. March, 39, of Batavia, is charged with strangulation 2nd, assault 3rd, and menacing 3rd. March was arrested on Dec. 28 following an investigation into an incident on South Lyon Street. March is accused of kicking a person while threatening to kill that person. March was arraigned in City Court and released under supervision.

Donald G. Vanelli, 60, of Oakfield, is charged with burglary 3rd, criminal mischief 4th, conspiracy 5th, and petit larceny. Vanelli was arrested on Jan. 4 on a warrant stemming from an investigation into a break-in at a business on Mill Street. At least two suspects stole property from the business, according to police. Vanelli was arraigned and released under supervision.

donald vanelli
Donald Vanelli

Tanisha N. Gibson, 38, of Batavia, is charged with assault 2nd, criminal possession of a weapon 3rd, and two counts of endangering the welfare of a child. Gibson was arrested on Jan. 8 following an investigation into an incident on Dec. 2 on Bank Street. Gibson is accused of spraying pepper spray in the face of another person. Gibson was arraigned and released.

Tanisha Gibson
Tanisha Gibson

Johnathan M. Falk, 25, of Batavia, is charged with petit larceny and conspiracy 6th. Falk is accused of cooperating with another person to steal property on Jan. 5 from 7-Eleven on East Main Street. He was issued an appearance ticket.

Samuel J. Hernandez, 21, of Batavia, is charged with petit larceny. Hernandez is accused of shoplifting from West Main Wine and Spirits on Jan. 5. He was issued an appearance ticket.

Jaliyla S. Shelton, 18, of Rochester, is charged with two counts of grand larceny 4th. She is accused of stealing two cars in Batavia. She was arrested on Nov. 2 and issued an appearance ticket.  She is accused of failure to appear on those charges and was arrested on a warrant on Jan. 10. She was arraigned and released.

Crystal L. Dacey, 29, of Attica, is charged with criminal possession of a controlled substance 7th and petit larceny. Dacey is accused of stealing property and prescription pills from another person on Jan. 10. She was issued an appearance ticket.

Timothy D. Cobb, 19, of Buffalo, is charged with unlawful fleeing a police officer 3rd. Cobb is accused of fleeing from a police officer following an incident at Speedway at Oak and Main on Jan. 3. The pursuit was terminated, but Cobb was apprehended a short time later. He was issued an appearance ticket and multiple traffic tickets.

James R. Briggs, 48, of Batavia, is charged with petit larceny. Briggs is accused of stealing merchandise from Family Dollar on East Main Street on Jan. 4. He was issued an appearance ticket.

Joshua W. Bombard, 18, of Pavilion, is charged with assault 3rd and criminal mischief 4th. Bombard was arrested after police officers responded to a report of a fight at a location on Ellicott Street on Dec. 27. Bombard is accused of injuring another person and damaging that person's property. He was arraigned and released.

Jennifer M. Beswick, 41, of Batavia, is charged with DWAI/Drugs and criminal possession of a controlled substance 7th. Beswick was arrested on Dec. 27 by Batavia PD following an investigation into a traffic accident that occurred on July 29. Beswick was issued an appearance ticket.

Jason C. Mann, 47, of Batavia, is charged with criminal mischief 4th. Mann is accused of damaging another person's property during a fight in the parking lot at 587 East Main St., Batavia, on Dec. 24. He was issued an appearance ticket.

Martin J. Rodgers, 39, of Batavia, is charged with criminal mischief 4th. Rogers is accused of damaging a window at a residence on Oak Street on Dec. 19 during an argument. He was issued an appearance ticket.

Naquan J. Shepherd, 24, of Batavia, is charged with harassment 2nd. Shepherd allegedly hit another person during an argument on Hutchins Street, Batavia, on Dec. 20. Shepherd was issued an appearance ticket.

Ronald J. Murray, 29, of Batavia, was arrested on a warrant on Dec. 26. The warrant stems from an incident on Aug. 11. Murray is accused of possessing narcotics. He was arraigned and released. 

Henry C. Roberts, 19, of Batavia, is charged with petit larceny. Roberts is accused of shoplifting from Tops on Dec. 29. He was issued an appearance ticket.

Levy Spikes, Jr., 50, of Batavia, is charged with DWI. Spikes was charged following a traffic stop by a Batavia PD patrol on Dec. 24 on Lewiston Road. He was issued traffic tickets.

Malik Isiah Ayala, 32, no permanent address, is charged with petit larceny and criminal possession of a controlled substance 7th. Ayala is accused of stealing a pair of Nike sneakers from Dick's Sporting Goods at 4:22 p.m. Jan. 13. When taken into custody, he was allegedly found in possession of crack cocaine and drug paraphernalia. He was released on an appearance ticket.

Mark E. Green, 42, of Hermitage Road, Warsaw, is charged with harassment 2nd. Green is accused of hitting another person at a residence on Briarwood Terrace, Batavia, at 5:50 p.m. on Jan. 14. He was issued an appearance ticket.

Scott David Murray, 38, no residence provided, is charged with assault 3rd and criminal obstruction of breathing.  Murray was arrested on Jan. 2 in connection with an incident reported on Dec. 30 at a location in Darien. Murray is accused of striking another person in the face multiple times and applying pressure to the neck of that person multiple times.  He was held for arraignment.

Joseph M. Andrews, 47, of East Crestwood Court, Lockport, is charged with DWI, driving with a BAC of .08 or greater, moving from lane unsafely, open container, and speed not reasonable and prudent. Andrews is accused of driving off the roadway at 9:03 p.m. on Jan. 13 on Lewiston Road, Oakfield, while intoxicated. The incident was investigated by deputies Mason Schultz and Zachary Hoy.

Maxim James Reynolds, no age provided, of Lakes Road, Hamlin, is charged with DWI and false personation. Reynolds was stopped at 2:33 p.m. on Jan. 14 on Reed Road, Bergen, by Deputy Nicholas Chamoun. He was issued an appearance ticket.

Accident reported on Thruway

By Howard B. Owens

A pickup vs. car accident is reported in the area of mile marker 397.4 in the eastbound lane on the Thruway.

Pembroke Fire and Indian Falls dispatched. East Pembroke requested to the scene.

No word on injuries.

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