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Press release from Assemblyman Steve Hawley:

“Although I am glad that the governor did not continue his game of political hide-and-seek with the legislature as we saw last year, wasting large sums of taxpayer money to present over 20 ideas with unsubstantiated legislative backing or confirmed funding sources amounts to little more than an expensive taxpayer-funded speech.

“I am glad to be back in Albany continuing to work hard for the residents of Genesee, Orleans and Monroe counties with my focus on lowing our families’ tax burden, making New York more business-friendly, fully funding our infrastructure and continuing to reform our charitable gaming laws.”

Press release from State Senator Michael H. Ranzenhofer:

“This year, the state of New York is facing a deficit in the billions. The budget must be balanced by restraining spending and not by more taxes for a state that has one of the highest burdens in the nation. It’s time to remove the barriers that inhibit growth in our Upstate economy and enact policies that stem the consistent loss of population of past decades, such as enacting comprehensive regulatory reforms and cutting energy taxes. 

“We should also seriously consider eliminating expenditures for the state’s economic development programs that are not creating jobs, including Start-Up NY and the tens of millions of dollars being spent on television advertising by the Executive.

“By getting our fiscal house in order, we can continue investments in improvements to our community’s transportation infrastructure and water quality, combating the heroin and opioid crisis and ensuring Western New York gets its fair share of state funding for our schools.”

Press release from Congressman Chris Collins:

"The Governor's speech was a pathetic attempt to rile his base, although even they have realized that his political empire is crumbling judging from the fact that the loudest round of applause came when he mentioned the Buffalo Bills. Republicans under President Trump have lowered taxes, rolled back regulations, and are seeing explosive economic growth. In comparison, under Andrew Cuomo, New York is facing a $4 billion deficit, the New York City subway is crumbling, and the FBI has opened an investigation into his hiring practices. New Yorkers deserve better."

One person suffered minor injuries and was transported to UMMC by Bethany's ambulance following an accident at 9:27 p.m. in the area of 11176 Bethany Center Road, Bethany. 

A truck went off the roadway and struck a tree.

Bethany fire and ambulance responded. State Police are handling the investigation.

Photos by Glenn Adams.

Michael Paul Carey, 32, of Main Street, Batavia, is charged with criminal obstruction of breathing or circulation.  Carey is accused of fighting with another inmate in the Genesee County Jail at 11:33 p.m., Monday. Carey allegedly tried to strangle a fellow inmate.

Allea Beth Devos, 30, of Prospect Street, Batavia, is charged with DWI, failure to dim headlights, and refusal to take breath test. Devos was stopped at 9:31 p.m., New Year's Eve, on Ellicott Street, Batavia, by Sgt. Eric Seppala.

Rebecca Sue Hensel, 35, of Pratt Road, Batavia, is charged with felony DWI, felony driving with a BAC of .08 or greater, and speeding. Hensel was stopped at 10:39 p.m., Friday, on Main Street Road, Batavia, by Deputy Mathew Clor.

Edward Jordan White, 22, of Michigan Street, Lockport, is charged with possession of dangerous contraband while confined in the first degree. White, while an inmate at the Genesee County Jail, allegedly possessed an alcoholic beverage at 9:43 p.m., Dec. 26.  He is being held on unrelated charges.

Michaela Rose Leach, 18, of Transit Road, Pavilion, is charged with trespass.  Leach was allegedly found at College Village after being barred from the property four days earlier.

Matthew H. Pape, 26, of Oakfield, is charged with harassment 2nd and endangering the welfare of a child. Pape was arrested by State Police following the report of an incident at 9:49 p.m., Monday, in Oakfield. Pape was jailed on bail. No further details released.

Eric M. Schroer, 22, of Depew, is charged with DWI and driving with a BAC of .08 or greater. Schroer was stopped at 10:03 p.m., on New Year's Eve, at Tensow Road and Bloomingdale Road, Alabama, by State Police.

A 64-year-old Elba resident died yesterday following a traffic accident on the Thruway at mile marker 417.2, in Depew, when he was unable to stop in time to avoid rear-ending a tractor-trailer that stopped quickly to avoid another collision.

Edward Torres was transported by ground ambulance following the accident at 1:54 p.m. to Erie County Medical Center where he was pronounced dead.

State Police say Torres was eastbound behind a tractor-trailer that was also eastbound. There was an accident ahead of the truck and the truck came to an abrupt stop. Torres was unable to stop in time to avoid a crash.

There were other people injured and one person remains in serious condition.

The accident remains under investigation.

A skidster is reportedly on fire inside a barn at 7116 Norton Road, Elba. The barn is 75 feet from a house. Elba Fire Department is responding along with Byron. Stafford is requested to stand by in quarters. The location is between Ford and Edgerton roads.

UPDATE 5:08 p.m.: Fire police are requested to shut down traffic at Route 262 and Edgerton Road. Command at the scene tells responders to "take it easy coming in," due to road conditions.

UPDATE 5:23 p.m.: City Engine 11 and Town of Batavia Engine 24 are on scene, too. This is now a working barn fire.

UPDATE 5:28 p.m.: Fire police also requested for traffic control at the intersection of Edgerton and Norton roads, and at Batavia Elba Townline Road and Norton Road.

UPDATE 6:15 p.m.: This occurred at barns owned by Torrey Farms. The fire did not cause structural damage to the barn. Some hay spread through the barn did catch on fire. But there were 120 cows inside and all of them were unharmed and safely evacuated. Cow trailers are being deployed to shuttle the cows to CY Farms' Heifer Farm, where they will be kept temporarily. It is estimated that it will take about 10 trips to transport the cows for safekeeping.

UPDATE 6:24  p.m.: Elba Fire Chief Mike Heale said the skidster fire sparked some hay but there's no significant structural damage to the barn; some top beams may be singed in places -- a later inspection can confirm that. Heale said there was no extension of the blaze.

UPDATE 6:57 p.m.: Town of Batavia back in service, returning.

UPDATE 7:05 p.m.: Elba back in service. Roads reopened.

UPDATE 7:27 p.m.: Correction, the road is still closed. It is closed until the cows have been moved so the trucks can more safely back in. There is at least one more round trip for the trucks.

A traffic accident in Depew has closed the New York State Thruway in both directions and that is having an impact on traffic in Genesee County.

Besides the westbound closure from Pembroke toward Depew, Route 77 is also clogged with traffic. It sounds like there is congestion into Corfu.

The traffic camera above shows the eastbound lane blocked in Depew; however, the Pembroke exit 48 camera (below) just started showing eastbound traffic flowing through the area again while westbound traffic is still being diverted off the Thruway in Pembroke.

Press release:

The Batavia Police Department has closed out the Mo-Vember / Don’t Shave December campaigns for 2017. The department was able to raise $1,320 for Genesee Cancer Assistance during Mo-Vember.

Don’t Shave December raised more than $600 for Genesee County Sheriff’s Jail Deputy Nicholas Bender and his family. Members of the department would like to thank the community for their support and donations.

The Mo-Vember Worldwide Campaign started in 2003 in Australia and has since grown. Mo-vember was started to bring awareness to men’s health; specifically, prostate cancer, testicular cancer, mental health and suicide prevention.

Submitted photo: Sue Underwood, director of Genesee Cancer Assistance, receives a donation check from Officer Frank Klimjack. Also pictured, Sgt. Chris Camp, Officer Jason Davis, Chief Shawn Heubusch, and Officer James Prusak.

For the 29th year, the Batavia Rotary Club will host its annual girl's basketball tournament at Genesee Community College starting at 6 p.m. tomorrow.

The club hosted a tip-off luncheon today the Arc Community Center in Batavia.

First game tomorrow pits Notre Dame against Attica and the nightcap matches Batavia and Cal-Mum, the defending champions.

The consolation and championship game will be Friday at GCC.

UPDATE: Because of anticipated bad weather, the finals will be played on Thursday.

Photo: Margaret Sutherland, Notre Dame, Taylor Gadd, Attica, Mackenzie Wilson, Cal-Mum, and Bri Janes, Batavia.

Below, the Attica players who attended the luncheon pose for a group selfie after the event.

Here are closings we have been notified about:

• Mental Health Association is closing with no evening programs for tonight.

There is a weather advisory with 1 to 3 inches of snow predicted through 1 a.m. There is also wind and blowing snow in the county.

Send notifications of closing and postponements to howard@thebatavian.com. Watch this post for further updates. 

Send your weather pictures to howard@thebatavian.com.

A fundraiser for a family whose 6-month-old daughter is recuperating from brain surgery will be held this Saturday, Jan. 6, at Sacred Heart Social Center in Batavia. It is located at 17 Sumner St.

"Caring for Cailyn" will take place from 5 to 10 p.m. and feature delicious food catered by the Dibble Family Center as well as a cash bar and live music from the OHMS Band. There will also be a Chinese auction and silent auction.

Tickets are $25 and will be available at the door or in advance at Batavia Tailors & Cleaners, located at 52 Ellicott St., Batavia. (No credit cards please, cash or checks accepted.)

Little Kailyn Fenton, of Rochester, is the granddaughter of the owners of Batavia Tailors & Cleaners, Kathy and Jim DuRei. The infant was born with hydrocephalus and had surgery in September to put in a shunt to relieve the fluid build up on her brain.

"She's doing really well now," grandma Kathy says.

The money raised Saturday will help the family offset medical expenses.

Press release:

To help reduce further transmission of influenza and/or other infectious diseases, Rochester Regional Health is instituting the following restrictions for hospital visitors as of Jan. 3:

• Visitors will be limited to no more than two people per patient at a time;
• All visitors must be at least 14 years old;
• Please do not visit a patient if you feel you are ill, including sore throat, fever, runny nose, coughing, sneezing, or other flu-like symptoms -- even if you have been vaccinated against the flu.

Status as of Jan. 3 (tomorrow):

• Rochester General Hospital (Rochester) – Visitor restrictions in place
• Unity Hospital (Greece) –  Visitor restrictions in place
• United Memorial Hospital (Batavia) – Visitor restrictions in place
• Newark-Wayne Community Hospital (Newark) – Visitor restrictions in place
• Clifton Springs Hospital & Clinic (Clifton Springs) – Visitor restrictions in place

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Rochester Regional Health is an integrated health services organization serving the people of Western New York, the Finger Lakes and beyond. The system includes five hospitals; primary and specialty practices, rehabilitation centers, ambulatory campuses and immediate care facilities; innovative senior services, facilities and independent housing; a wide range of behavioral health services; and Rochester Regional Health Laboratories and ACM Global Laboratories, a global leader in patient and clinical trials. Rochester Regional Health is the region’s second largest employer. Learn more atRochesterRegional.org.

A sex offender serving a 15-year prison term and facing a trial on charges that have been pending since 2016 asked County Court Judge Charles Zambito to postpone the trial because he's "in transit" between prisons.

Nobody was quite sure what Marlek Holmes meant by that claim, so as he stood in County Court -- shackled and in a green prison jumpsuit -- he explained to Zambito that in order to make court appearances, he's been transferred from Auburn to Wende. Prison officials limit what he can bring with him. He can't bring all of his case documents and while at Wende he's in isolation and doesn't have access to the law library.

Holmes is facing a trial Jan. 22 on charges that he failed to register a change of address as a sex offender in 2016. During the trial, the court will also hold a hearing on whether he should be declared a persistent violent felony offender.

Holmes was facing a possible life-in-prison sentence before he agreed to a plea agreement the day his trial was supposed to start May 4. He entered a guilty plea to attempted criminal sexual act in the first degree, a Class C violent felony. He was sentenced to 15 years in prison on that conviction May 31.

While he was in jail on these charges, Holmes assaulted a fellow inmate, a crime he was convicted of following a jury trial Oct. 6. He has yet to be sentenced on that conviction.

Zambito told Holmes that he didn't find the prison transfer issue a sufficient reason to delay his trial. He told him he had an attorney, Fred Rarick, who is handling his actual legal defense. He isn't representing himself.

"If it requires an order to get the Department of Corrections to provide you with your paperwork, I'll sign an order," Zambito said.

Jury selection in the trial of Holmes on the failure-to-register charge begins Jan. 22.

A hearing on whether Holmes is a persistent violent felony offender will take place before the actual failure-to-register trial begins, the morning of Jan. 23. The hearing will help determine the severity of his sentence stemming from the Oct. 6 conviction for assaulting a fellow inmate.

A motor-vehicle accident with injuries is reported at East Main and Ross streets. City fire and Mercy medics are responding.

UPDATE 2:36 p.m.: A second ambulance requested to the scene. The accident is blocking traffic.

UPDATE 2:55 p.m.: One person was transported to UMMC for evaluation. This was a T-bone accident and an officer at the scene said it will be difficult to determine who's at fault because "both claim the light was green."

UPDATE 3:02 p.m.: City fire is back in service.

(Submitted photo) Entreprenuers Vicki Wood, left, and Michelle Gillard will host the Grand Opening of The E.O.C. – Essential Oil Center this Saturday in Batavia.

Information provided by The E.O.C.:

Vicki Wood and Michelle Gillard are excited to announce the Grand Opening of The E.O.C. – Essential Oil Center this Saturday. 

The E.O.C. is located on the REAR side of the Valu Plaza, 4152 W. Main Street Road, Batavia.

You are invited to stop by the Grand Opening Jan. 6 from 1 to 4 p.m. and see the hundreds of oils and oil-infused products in stock. There is literally something for everyone.

Most people have heard about essential oils but they may not know the different varieties and how they can be used. There is so much to learn and discover about essential oils.

"This is strictly an education center," Gillard said. "It is not a retail store."

You can attend a variety of classes at The E.O.C. free of charge. 

The E.O.C. is affiliated with Young Living Essential Oils, a worldwide network marketing organization.

You don't have to buy Young Living Essential Oils to take classes at The E.O.C. If you choose to buy the Young Living Essential Oils Premium Starter Kit, it costs $160 and is comprised of 11 essential oils, a diffuser, some samples and a one-year membership in Young Living.

If you choose to renew your membership after a year, you can do so by buying $50 worth of Young Living products.

Whether you are a beginner with little or no knowledge of essential oils, or you're an avid user, The E.O.C. classes are designed to educate people about the value, importance and necessity of incorporating essential oils and oil-infused products into their life and homes. The class schedule changes monthly.

View the upcoming classes here. 

Questions or comments? Call Michelle Gillard at 297-0779 or Vicki Wood at 749-9411.

(Editor's Note: This post was updated on Jan. 5 to include information about the global network marketing company, Young Living Essential Oils, affiliated with The E.O.C.)

Benito A. "Red" Gay, 29, of Vine Street, Batavia, is charged with two counts of criminal sale of a controlled substance, 3rd, and criminal possession of a controlled substance, 3rd.

Gay is accused of selling crack cocaine to an agent of the Local Drug Task Force on two occasions.

He was indicted by a Genesee County Grand Jury on a sealed indictment.

On Dec. 28, Deputy Ryan DeLong identified Gay as the operator of a vehicle in the Town of Batavia. Following a traffic stop, he was charged with DUI - Drugs, unlawful possession of marijuana, unlicensed operation, and registration plate display violation.

He was issued tickets and released.

Later that evening, deputies learned that Gay was wanted on a sealed grand jury indictment. They proceeded to Gay's residence on Vine Street and took him into custody on the warrant.

He was jailed pending further court proceedings.

A rollover accident with possible serious injuries is reported at the intersection of Akron and Marble roads, Pembroke. Pembroke and Indian Falls fire departments are responding along with Mercy medic #4. Mutual aid from Akron Fire Department is also requested to the scene.

UPDATE 10:45 a.m.: One person is injured. An ambulance is on scene.

UPDATE 10:46 a.m.: Extrication is needed.

UPDATE 10:49 a.m.: A first responder at the scene says there are two vehicles involved and two tows will be needed. One is on its side down in a ditch; the female driver, who requires extrication, is conscious and alert.

UPDATE 10:53 a.m.: Law enforcement is on scene.

UPDATE 10:59 a.m.: Patient being transported to UMMC.

UPDATE 11 a.m.: Pembroke assignment back in service.

Michael A. Shetler is indicted for crimes which allegedly occured in the Town of Oakfield in November. In count one, he is accused of third-degree assault, a Class A misdemeanor. It is alleged that on Nov. 4 Shetler intentionally caused physical injury to another person. In count two, he is accused of fourth-degree criminal mischief, also a Class A misdemeanor, for allegedly intentionally damaging the property of another person -- a cell phone -- on Nov. 4. In count three the defendant is accused of the crime of endangering the welfare of a child, another Class A misdemeanor. It is alleged in count three that on Nov. 5 Shetler knowingly acted in a manner likely to be injurious to the physical, mental or moral welfare of a child less than 17 years old. In count four, the defendant is accused of criminal obstruction of breathing or blood circulation, a Class A misdemeanor, for allegedly applying presuure on the throat or neck of a person "while in the kitchen near the door to the residence." In count five, Shetler is accused of criminal obstruction of breathing or blood circulation on a second occasion on Nov. 5. In count six, the defendant is accused of unlawful imprisonment in the second degree, a Class A misdemeanor, for allegedly restraining a person on Nov. 5. In counts seven and eight, Shetler is accused of second-degree strangulation, a Class D violent felony. It is alleged in counts seven and eight, respectively, that on Nov. 7 Shetler intentionally impeded the normal breathing or blood circulation of another person by applying pressure to the throat or neck of the person, thereby causing stupor, loss of consciousness for any period of time, and/or any other physical injury or impairment while in the bedroom and again while in the bathroom of the residence. In count nine, he is accused of another count of unlawful imprisonment in the second degree for allegedly restraining a person on Nov. 7. In count 10, this man is indicted on another count of third-degree assault for allegedly intentionally injuring a person on Nov. 7. In count 11, he is accused of criminal obstruction of breathing or blood circulation of a person on Nov. 11. In count 12, Shetler is accused of fourth-degree criminal mischief for a second time for allegedly intentionally damaging a person's cell phone on Nov. 11.

James J. Spivey is indicted for the crime of second-degree robbery, a Class C violent felony. It is alleged that on Oct. 25 in the City of Batavia that Spivey forcibly stole property when he was aided by another person who was present. In count two, he is accused of attempted second-degree assault. It is alleged in count two that in the commission, or attempted commission of a felony -- second-degree robbery -- that he or another participant attempted to cause physical injury to a person not involved in the commission of the crime. In count three the defendant is accused of second-degree attempted assault. It is alleged in count three that on Nov. 28 in the City of Batavia that with intent to injure another person, he did so by means of a dangerous instrument -- his footwear.

Lionel J. Anderson Jr. / AKA "PJ" is indicted for the crime of second-degree assault, a Class D violent felony. It is alleged that on Nov. 28 in the City of Batavia that the defendant intentionally caused physical injury to another person by means of a dangerous instrument -- "a street curb and/or a belt."

Robert C. Paris is indicted for the crime of driving while intoxicated as a Class E felony. It is alleged that on Oct. 7 Paris drove a 2000 Chevrolet on Route 63 in the Town of Batavia while in an intoxicated condition. In Special Information filed by the District Attorney, Paris is accused of having been convicted of DWI as a misdemeanor on April 27, 2016 in Batavia City Court and that conviction was within 10 years of the commission of the crime alleged in this indictment.

Robert R. Greiner III is indicted for the crime of driving while intoxicated as a misdemeanor. It is alleged that on June 3 in the Town of Darien that Greiner drove a 2015 Nissan while intoxicated. In count two he is indicted on DWI, per se, as a misdemeanor for allegedly having a BAC of .08 percent or more at the time. In count three the defendant is accused of the crime of unauthorized use of a vehicle in the third degree, a Class A misdemeanor. It is alleged in count three that on June 3 in the Town of Darien that Greiner drove the Nissan knowing that he did not have the owner's consent to do so.

John R. Clee is indicted for the crime of criminal possession of a forged instrument in the first degree, a Class C felony. It is alleged that on July 15 in the Town of Alabama that he intended to defraud, deceive or injure another party by knowingly possessing a forged instrument -- a counterfeit $50 bill in U.S. currency.

These were the most read stories on The Batavian of 2017

• This weekend, Jason Lang lost his battle with drug addiction
• Pembroke math teacher dies in ATV accident
• Obituary: Brayden Robert Salvaterra
• Obituary: Brian D. West Jr.
• Woman from Batavia dies in rollover accident on Route 77, Alabama
• Brian West Jr., will be missed by Alexander community
• Blind School employee charged with endangering the welfare of children, by Billie Owens
• Child sex abuser found living with woman and her three kids, DA says, by Billie Owens
• Photos: Three serious injury accidents in Genesee County in one evening
• UPDATED: Teenager dies following rollover accident on West Bethany Road

A rollover accident, believed to be with no injuries, is reported in the area of 7784 Alleghany Road, Alabama.

Alabama Fire and Mercy EMS dispatched.