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A group of parents gathered at Batavia High School last night to drop off shoes with anti-vaccine mandate messages.

Each pair of shoes, they said, represented a child who wouldn't be able to attend school if Assembly Bill 8378 passes.

The bill, introduced by Assemblyman Jeffrey Dinowitz (District 81), would require school-aged children to get vaccinated against COVID-19 in order to attend classes.

Jo Coburn, one of the organizers of the event said whether to get a child vaccinated should be a parental choice, an informed choice, she said.

"Operation Shoe Drop is a statewide silent protest that came about because of Dinowitz's bill mandating COVID vaccine for school-aged children," Coburn said. "It is still an emergency use. It's still not fully tested, and parents should have the right to choose."

When reminded that the Pfizer vaccine is now approved by the FDA, Coburn said, "they're still collecting data." 

Which is true.  It's also true that the VAERS database, operated by the CDC as an "early warning system" about adverse events (all reporters in the database are unverified and should not be used to draw conclusions about any vaccine), collects data on dozens of vaccines, some decades old. The research on vaccines, even ones approved by the FDA, never stops.

Coburn was reminded that the state has long mandated vaccines -- Baby Boomers remember being required to get the polio vaccine -- to attend school and she said, "There were exemptions until 2019. In New York State, there were exemptions for every single vaccine. And New York State is going to be the first state to mandate it for their kids and it should be available just for the children and the parents that want it. But it should be a choice."

According to the NYS Department of Health website, the list of required vaccines to attend public school include Diphtheria, Tetanus, Hepatitis B, Measles, Mumps, Rubella,  Polio, and Chickenpox.  The state still allows for medical exemptions.

A8378 was introduced by Dinowitz on Oct. 20 and referred to the Assembly's health committee and has only two co-sponsors.

According to the CDC, all three COVID-19 vaccines are considered safe and effective.

Two men from Rochester are being accused of running a check-cashing scam against a Batavia resident and one of them is facing a felony charge as a result.

Brian N. Miles, 25, is charged with attempted forgery 2nd, criminal possession of stolen property 5th, and criminal possession of a controlled substance 7th.

Marcus D. Snow, 23, is charged with conspiracy 5th.

On Monday, the Sheriff's Office received a report of somebody outside the ESL Federal Credit Union trying to solicit people to cash a check for them.  

The scheme worked like this, according to the Sheriff's Office: The suspect asks a citizen to cash a check for them at a local bank under the pretense they do not have identification on them or that they are not a member.  If the citizen agrees to cash the check, the citizen withdraws the deposited funds and the cash is turned over to the scammer. The suspect provides the mark with a small monetary sum for assisting them.  The checks are either fraudulent or stolen and not backed by real U.S. currency.  The citizen loses the money associated with the deposited check once the check bounces.

At the time of his arrest for allegedly executing such a scheme against a Batavia resident, Miles reportedly possessed crack cocaine.

Both suspects were released on appearance tickets since, under current NY law, their offenses do not qualify for a cash bail requirement.

The Le Roy Village Board is taking a “better safe than sorry” approach to New York State’s new law that allows communities to host retail dispensaries and on-site consumption locations of marijuana.

The board, at its meeting Wednesday night, held a public hearing on the topic before passing a resolution to adopt Local Law No. 6 of 2021, which allows the village to opt out of those businesses.

Municipalities such as the Village of Le Roy are required by the New York Marijuana Regulation & Taxation Act to state their intentions by Dec. 31. Towns, cities and villages that opt out can always opt in at a later date, but those that opt in, can never opt out.

“There’s no urgency,” said Trustee Ray Yacuzzo. “Let’s be careful about this.”

Fellow board member Richard Tetrault suggested giving it a year to see how the situation plays out in neighboring communities to prevent someone coming in without the village having any say in the matter.

Residents in attendance pointed out the number of empty storefronts on Main Street, asking, “Why not keep that money here?”

Mayor Greg Rogers noted that the law states that cannabis dispensaries and consumption sites can't be within 500 feet of schools or churches and, “unfortunately, many Main Street shops are too close.”

Town Councilman Ron Pangrazio then presented a map of the Main Street area, adding that “Main Street is totally out.”

Rogers did say that other places in the village may be available, a sentiment echoed by Trustee Bill Kettle, who said, “There’s more to Le Roy than just two blocks (Main Street).”

Another comment from the audience focused on the fact that cannabis store owners are prohibited from depositing cash from sales into a federal bank, opening the door for an increase in robberies. That was rebutted by someone who mentioned that data shows that crime has not increased in areas that allow it.

The board’s action, per Cannabis Law Section 131 and Municipal Home Rule Law Section 24, can be challenged by a permissive referendum by the voters.

Batavia businessman Eric Biscaro’s attempt to construct a 30-duplex unit senior housing complex off East Avenue and develop 18 single-family home building lots on that street came to a screeching halt at tonight’s Le Roy Village Board meeting.

Biscaro introduced the project back in April to the Genesee County Planning Board following discussions with Village Mayor Greg Rogers about a development that could provide upscale housing for residents age 50 and over and generate much needed tax revenue for the municipality.

When residents in the East Avenue, Poplar Lane and Orchard Drive neighborhood found out about it, however, many of them rallied together to oppose the village board’s desire to change the zoning from Residential to Planned Unit Development to accommodate Biscaro’s venture.

Those against the plan voiced their opinions at a couple public hearings, citing reasons such as it was a bad fit for the area and concerns over stormwater runoff and increased traffic.

At tonight’s session, held at Memorial Auditorium on Trigon Park, Rogers clearly was disappointed as he communicated the fate of the project. Three of the five board members – Bill Kettle, Richard Tetrault and Ray Yacuzzo -- said they were going to vote against it. Rogers and Jim Bonacquisti said they were for it.

It never came to an official vote because a resolution to accept the required State Environmental Quality Review died for a lack of a second. As a result, the resolution to change the zoning was not considered.

ROGERS: 'HE WAS THE RIGHT GUY'

Rogers said he thanked Biscaro and the board for the time and effort put into this subject.

“I respect my fellow board members and their professionalism and their opinions; that’s how the system works,” he said. “However, I will say, I still in my heart believe that Eric Biscaro was the right guy for the right piece of property at the right time.

“I’m glad he came to Le Roy and he wanted to be part of this community. He looked at a lot of different things. He looked to rescue Genesee Street. There are vacant houses on East Avenue that we looked into getting into rehabbing.”

The mayor said the village is going to lose “a possible asset here” but reiterated that this is the way the system works.

He then acknowledged that he did not find any satisfaction in presiding over the public hearings.

“I'm totally glad they're over, and you'll never get me to do another one of these,” he said. “So, thank you all for your time … And Eric, I'm terribly sorry. I appreciate you taking the shot on Le Roy. I’m sorry I dragged you into this.”

BISCARO: MISSING OUT ON TAX BENEFITS

Rogers then asked Biscaro if he wanted to say something and he proceeded to bring up comments earlier in the meeting when the board held a public hearing about its decision to opt out of the adult use cannabis retail dispensaries and on-site consumption places under New York's Marijuana Regulation & Taxation Act.

“I heard a lot today about empty stores on Main Street,” Biscaro said. “Le Roy, like a lot of places, has been losing population over the last 20 years. And I heard about tax money … It would be a whole lot more tax in this than any pot store locally; constant – coming in every year for forever.”

Biscaro said that developers aren’t knocking the door down to do business in the village.

“Fine, give me your opinions, but to make a decision on something … nobody's promoting their money to go and look at South Avenue, no one’s even looking there,” he said. “You said to look towards the next street down. Nobody's looking there. To the developer’s eyes, those types of reasons make no sense to us.  It's not what we’re proposing for development. We're proposing that we should stay right there and just look right there.”

Finally, he told the board that he was warned about pursuing a project in Le Roy.

“That's one thing I heard over and over and over again. ‘Are you kidding me? You're going to Le Roy. They don’t move on anything.’ This is what I was told over and over again by people that do business,” he said.

“You might want to be careful with that in your future because it's the developers … they’re not going to look (at this town) because nothing happens. That would be the complaint from the development person. I’m not sitting here stabbing anybody (as) I'm not jealous of you sitting in your seats, but sometimes you got to take a little bit and go forward. That’s something I'd recommend, not that that means anything here.”

VILLAGE TRUSTEES SPEAK OUT

Bonacquisti, Kettle, Tetrault and Yacuzzo addressed those in attendance prior to Rogers and Biscaro.

“I supported this project from early on -- single floor patio homes for 55 (actually 50) and above is needed in our community,” Bonacquisti said. “Keep in mind, this is my opinion. It's not your typical rental units. It was going to be a bump to our tax base (and) it was going to develop an area that has not been developed for 50 years.”

He contended that the response he received from village residents was “positive” except for those who live in the immediate area. And he said turning Biscaro’s project down could dissuade others from considering Le Roy.

“This is the second time that I've been on a board that a developer has come in the last 10 years and is trying to do something different in the community. And it's the second time they've been turned away,” he said. “My fear is no other developer will come to Le Roy. They see what has happened over the course of the last 10 years.”

Kettle said he did the math and believes that this is not “the best plan for the comprehensive plan that we have in the Village of Le Roy.”

“I think there's a better plan out there. I think there's a plan that will bring tax dollar revenues, 100 percent of assessed values to the coffers -- the school coffers, the village coffers, and the town and county coffers,” he said, implying that he didn’t agree with the payment in lieu of taxes agreement that Biscaro worked out with the Genesee County Economic Development Center.

Tetrault, mentioning that he has been involved in construction, said he liked Biscaro’s plan but couldn’t vote for it because he hasn’t been made aware of the full scope of the project. Thus, he is wary of potential problems down the road.

TETRAULT: QUESTIONS WENT UNANSWERED

“And some of the questions I had, I really never got clear answers for,” he said, noting that he was hoping to see a more detailed set of blueprints that encompassed all aspects of Biscaro’s proposal.

Yacuzzo said that connecting East Avenue with South Avenue (one of the conditions of the project) would be a terrible mistake, leading to “a crush of traffic” as people would use it as a shortcut on weekdays to get to the Le Roy Central School and after football games.

“If there's a connection to East Avenue anywhere else, I think it should be to Asbury Road and that would not serve as a shortcut … That's the sort of plan that I’d like to run by our planning board.”

As he was leaving, The Batavian asked Biscaro if he would consider a revised plan or another location in the village.

“No, it’s done,” he said.

Photo: Le Roy Village Board members at tonight's meeting, from left, Richard Tetrault, Ray Yacuzzo (speaking), Mayor Greg Rogers, Bill Kettle and Jim Bonacquisti. Photo by Mike Pettinella.

Previously: Patio homes/building lots development project is back on the Le Roy Village Board's agenda for tonight

Previously: Developer offers to pay to extend East Avenue as Village of Le Roy residents continue to question housing project

Previously: East Avenue area residents defend their 'jewel' of a neighborhood at public hearing on Le Roy development

While deeming all five of the capital improvement projects proposed by Genesee Community College President Dr. James Sunser as “necessary,” members of the Genesee County Legislature’s Ways & Means Committee this afternoon decided to partially fund four of them next year – as long as New York State lives up to its end of the bargain.

The committee, after hearing of the county’s plan of action from County Manager Matt Landers, voted in favor of spending up to $1.7 million, which equals half of the cost of the following projects:

• Replacement of the soccer/lacrosse turf on the field adjacent to the Richard C. Call Arena (Total cost $950,000).
• Replacement of the cooling tower (Total cost $410,000).
• Renovation of a connective corridor (Total cost $180,000).
• Complete roof replacement on the Technology Building (Total cost $1,060,000).
• Replacement of the Conable Technology Building parking lot (Total cost $800,000).

The resolution passed at a meeting at the Old County Courthouse today is subject to final approval by the full legislature. It reiterates what Sunser communicated to the committee on Nov. 3 – that New York State would contribute 50 percent of the funding as long as Genesee County did the same.

Landers said the county will appropriate money for the first four projects listed above in 2022 and hold off on the Technology Building parking lot until 2023.

“If the state says no, then we’re back to the drawing board,” Landers said. “These are necessary projects, but we’re not on the hook if there is no state support.”

In other action, the committee:

• Approved using an additional $680,000 from unexpended reserves to keep the 2022 budget tax levy the same as it was in 2021 -- $31,451,727.

This action, reported first on The Batavian last week, drops the property tax rate to $9.18, which is less than the $9.37 that was proposed in the preliminary budget. The 2021 tax rate was $9.80.

The full legislature is expected to vote on the budget at its meeting next Monday.

Legislature Chair Rochelle Stein commended management, staff and her colleagues for conducting a budgetary process that was “clear, direct, concise and responsive to the questions asked by the community” and for not raising the tax levy.

• Scheduled a public hearing for 5:30 p.m. Dec. 8 at the Old County Courthouse to consider Local Law Introductory No. 7, Year 2021, that puts the salaries of county elected or appointed fixed term employees at the following levels:

-- Commission of Elections (Richard Siebert and Lorie Longhany), $51,055.
-- Director of Human Resources (Anita Cleveland), $93,341.
-- Commissioner of Social Services (David Rumsey), $93,993.
-- Director of Real Property Tax Services (Kevin Andrews), $5,000.
-- County Clerk (Michael Cianfrini), $100,749.
-- Treasurer (Scott German), $107,966.
-- Sheriff (William Sheron), $110,243.
-- Highway Superintendent (Tim Hens), $124,626.

• Approved monthly premium rates, effective Jan. 1, 2022, of the county’s Self-Funded Health Benefits Plan to reflect an across-the-board 4.5 percent increase over the 2021 rates.

The county offers Partnership Plus and Traditional Plans (for some Genesee Community College employees), and Health and Wellness Plans (for all county employees) with rates ranging from $727 a month for single plans, to $2,844 a month for family (three or more) plans.

County employees also have access to dental and vision benefits.

On average, the county pays 87 percent of the premium and the employees pay 13 percent, Landers said.

• Reappointed Molly Haungs, marketing manager of LandPro Equipment, to a two-year term on the GLOW Workforce Development Board and James Kingston of Elba to a two-year term to the Genesee County Soil & Water Conservation District board of directors.

Previously: Genesee Community College president asks county for up to $1.7 million to help fund five infrastructure projects

The testimony of Jason Whitehead and Crystal Schultz helped lead to the conviction of Jacob Sponaugle of attempted murder at the end of a three-day trial, said District Attorney Lawrence Friedman, who won a conviction in his final case of a 40-year prosecutorial career.

"I think that we had a very strong case," Friedman said after a jury found Sponaugle guilty on all counts. "I mean, we had, as I argued to the jury, in my summation, we had two witnesses, who had no connection, didn't know each other before, have had no contact, since I've never discussed this case. And they basically told the same version of what happened in great detail." 

Jacob Sponaugle shot Whitehead in a gun deal gone bad outside the Days Inn in Batavia the night of July 22, 2020.

The jury deliberated for 90 minutes, with a break to ask Judge Charles Zambito to read back the jury instructions on the attempted murder charge, and found Sponaugle guilty of all the charges against him:

• Attempted Murder 2nd, a Class B violent felony
• Assault in the first degree, a Class B violent felony;
• Criminal possession of a weapon in the second degree, a Class C violent felony;
• Aggravated criminal possession of a weapon, a Class C violent felony;
• Criminal possession of a weapon in the third degree, a Class D felony;
• Criminal using a firearm in the first degree, a Class B violent felony;
• Criminal using a firearm in the fist degree, a Class B violent felony;

"(It) was a relatively brief deliberation considering the seriousness of the charges and the number of charges, and they (the jury) just basically didn't seem to have any problem with any of the evidence. They believed the witnesses and I think for them, it was straightforward," Friedman said.

Sponaugle faces a possible maximum prison term of 30 years (25 years max on the attempted murder charge with a required five years consecutive on one of the weapons charges). He will be sentenced on Dec. 15.

Whitehead testified that Sponaugle contacted him on July 22 attempting to sell him a gun. They haggled over the price and then Whitehead decided he might be able to sell it to Devon Wright, a Batavia resident.

The three men arranged to meet outside the Days Inn.

Schultz was a passenger in Sponaugle's car.  

Both Whitehead and Schultz gave similar accounts of the shooting, with Sponaugle and Wright arguing and then Sponaugle walking away from Whitehead and Wright before turning and shooting Whitehead.

Whitehead told the jury that Sponaugle said: "it's all your fault" (blaming him for the gun transaction not being completed) before he shot him.

Wright was originally a co-defendant in the trial but yesterday he agreed to a plea deal that satisfied all of the criminal charges against him from several arrests. He faces up to 10-years in prison but was released under supervision, giving him a chance to be present for the birth of his first child.

The case is the final trial for both Friedman and County Court Judge Charles Zambito, who are both retiring.

"Obviously this is a good way to end, with a serious case going well, and I'm certainly pleased with the result," Friedman said. "It's a good note to end on."

In his testimony, Whitehead told the jury that the bullet Sponagule fired into him from a .32 caliber handgun is still lodged in his spine and will be there for the rest of his life. 

He said he was neither happy nor sad to learn of Sponagule's conviction.

"I don't have no hate for him, I guess," Whitehead said. "I mean, I don't like him, but I guess there's no hate. I don't know why he did it or what brought him to do it, but just, I don't know, just neutral. I guess. I got no hate for him."

Even so, Whitehead suggested there is no appropriate sentence for Sponaugle given the fact Whitehead will live with pain for the rest of his life.

"It's hard to say how long he should get. I mean, he tried to take my life so it's, I don't even know, like, I got to deal with it for the rest of my life," Whitehead said. "So I'll always be in pain and he'll be behind bars but he won't know what pain feels like so and no time I guess is enough for that type of crime. I guess he shouldn't be allowed back out. My point of view is he shot somebody. I mean, it wasn't his family. It was. I don't know. It's hard to hard to be the judge, I guess."

A public hearing on the Batavia Town Board's recent passing of a resolution to opt out of New York's Marijuana Regulation & Taxation Act is scheduled for 7:10 this evening at the Batavia Town Hall, 3833 West Main St. Rd.

The board, at its Oct. 20 meeting, scheduled the public hearing with the aim of opting out of allowing cannabis retail dispensaries and on-site consumption sites until it receives more details from state officials in charge of the program.

According to the new law, if municipalities opt in, they will not be able to opt out at a later date, but if they choose to opt out before the Dec. 31 deadline, they would be able to opt in in the future.

Should the board pass a local law to opt out following tonight's public hearing, it could result in a permissive referendum organized by residents who disagree with its decision.

Previously: Town Board looking to opt out of marijuana dispensaries, consumption sites due to lack of information

The Batavia Town Planning Board tonight approved a special use permit for New York Bus Sales to operate a school bus service and sales facility at 4450 West Saile Drive -- located at the intersection of Call Parkway.

After the board declared lead agency status for the State Environmental Quality Review, member Steve Tanner went through the items on the form and then made a motion to accept it. The board agreed, issuing a “negative declaration” that denotes that the project would have no significant adverse impact upon the environment.

Lauren Rodriguez, civil engineer with LaBella Associates, asked the board about the company’s desire to merge two parcels, covering 6.9 acres, into one, and Planning Board Chair Kathleen Jasinski replied that the Batavia Town Board is expected to rule on that at its meeting on Wednesday night.

The 20,000-plus square-foot facility is going into an area currently zoned both Industrial and Commercial. The company is looking for the town to rezone it as Commercial, an allowable action since it does fit into the town’s Comprehensive Plan.

New York Bus Sales Vice President James Johnston, who also attended the meeting, said plans call for a groundbreaking ceremony before winter.

Rodriguez and Johnson initially presented the plan to the town planning board in September. Prior to that, the company applied for tax abatements from the Genesee County Economic Development Center, and is waiting for the GCEDC's board decision in the near future.

In other action, the board issued a negative declaration for a SEQR in connection with Pierrepoint Visual Graphics’ request to place signage at the site of medical offices for UR Medicine in the Gateway II Industrial Park on Call Parkway.

Previously: GCEDC board of directors accepts application for New York Bus Sales facility in Town of Batavia

On the afternoon of what was originally a co-defendant trial, Jacob Sponaugle, facing multiple felony counts, found himself sitting with only his attorney at the defense table as the man he is accused of shooting told the jury of how a gun deal went bad outside the Days Inn in Batavia on July 22, 2020.

Jason Whitehead's testimony corroborated the earlier testimony of Crystal Shultz, Sponaugle's ex-girlfriend, and put the .32 caliber handgun in Sponaugle's hand with Sponaugle pulling the trigger.

Sponaugle is charged with attempted murder, assault, 1st; criminal use of a firearm; aggravated criminal possession of a weapon, 2nd; criminal possession of a weapon, 2nd; and criminal sale of a firearm, 3rd.

After today's lunch break, District Attorney Lawrence Friedman informed County Court Judge Charles Zambito that Sponaugle's co-defendant, Devon Wright, had agreed to accept a plea offer that would limit his prison term to 10 years and allow him to be released under the supervision of Genesee Justice while awaiting sentencing, presumably so he can be present for the birth of his first child, who is expected to arrive any day.

Wright entered a guilty plea of attempted criminal possession of a weapon, the top charge stemming from the July 22 incident, first-degree attempted assault, a Class C violent felony, and criminal sexual act in the second degree, a Class D violent felony.

Whitehead was first asked to describe a series of text messages he said he received from Sponaugle on the evening of the shooting.  Sponaugle wanted to know if Whitehead was interested in buying a handgun from him.  He sent pictures and video telling Whitehead the gun had been owned by "an old dude" and that it was a "clean gun."  

Sponaugle wanted $400 for the gun.  Whitehead offered $300.  Sponaugle said $350 was the lowest he could go.

Whitehead testified that he decided he could pay the $350 if he could sell it to his "main man" (identified as Wright) for $450.  

So Whitehead set up a meeting with Wright at the Days Inn and Sponaugle picked up Whitehead at his residence on Shady Lane. 

Schultz was with the two men when they drove to the hotel.

Once there, an argument broke out between Sponaugle and Wright over the asking price of the gun, Whitehead said.  At that point, he said he stopped talking and let the two men hash it out.

Eventually, Sponaugle walked away.  As he did, Whitehead testified, Sponaugle turned around, said, "this is all your fault" and shot him.

Whitehead testified that the bullet from the .32 caliber gun remains lodged in his spine. It would do more harm than good, he said doctors told him.  As a result, he is daily in pain and can't lay on his back when he wants to sleep.

Under questioning from defense attorney Joseph Lobosco, Whitehead admitted to prior heroin and cocaine use but said his use didn't alter his mental state but instead prevented him from getting sick.  He said he's been clean for a year.

Before Whitehead took the stand in the afternoon, Schultz completed her testimony, which primarily consisted of cross-examination by Lobosco, who pressed Schultz on differing versions of events in two depositions she gave to detectives with Batavia PD.  

In the first one, she said she didn't know what happened with the gun and in the second, she described in detail Sponaugle's alleged attempt to get rid of the weapon.

The differences could be explained, she said, because before Sponaugle was arrested she was afraid of him.  Once he was in custody, she said, she didn't fear him and so gave detectives a full accounting of what happened with the gun (it was, she said in the morning, put in a can of paint and given to another person). 

After Whitehead's testimony, Kevin Wolff, a supervisor at the Genesee County Jail took the stand to authenticate four recordings made at the jail -- all calls are recorded and all inmates are told they are recorded, Wolff said -- between Sponaugle and Schultz, Sponaugle and his mother,  Sponaugle and an acquaintance, and Sponaugle and his sister.

The calls contain incriminating statements by Sponaugle, most notably in the call with Schultz in which she tells Sponaugle that "I had to tell them everything."  

Sponaugle clearly did not like hearing that and questioned Schultz on why she would do that to him.

"You let them scare you into writing a statement," Sponaugle is heard saying on the call. 

He told her she didn't see anything (earlier she testified she did see the actual shooting).

"What you did was totally unnecessary," Sponaugle said. "It's going to be bad for me."

This is Friedman's final trial at the end of a 40-year prosecutorial career and, at the start of the trial at least, the first with two co-defendants.

Testimony resumes at 9 a.m., Wednesday morning.

Batavian James Townsend said he was extremely nervous during the eliminator finals of the 14^th annual Triple O Mechanical Singles Handicap Tournament on Sunday at Rose Garden Bowl in Bergen.

Judging by his prolific bowling, however, you wouldn’t have believed him as the 23-year-old strapping right-hander powered his way to the title, defeating veteran kegler Jerry Blair of Le Roy in the title match, 269-232.

Townsend received 11 pins handicap (based on his 212 average) while Blair – won earned $250 – received nine pins handicap (based on his 214 average). Strikes in the seventh, eighth, ninth and on the first two balls in the 10th frames sealed the victory for the Batavian.

The victory was worth $500 for Townsend, an employee in the automotive department at Walmart and a “graduate” of the Turnbull Heating Junior League at his hometown Mancuso Bowling Center.

“After I made the cut (qualifying 14^th with a 717 series -- 684 scratch), I was tremendously nervous,” said Townsend, who has put in the time to improve his game over the past couple years. “I’ve been shaking this entire time.”

His jitters didn’t affect his performance as he continually put his high-revving bowling ball in the 1-3 pocket and struck at a high rate to advance through the four rounds of the finals.

His scratch scores in the finals were 238, 245, 259 and 258. In the first round, he struck out in the 10^th frame to advance, edging John Martorella Sr. of Rochester by three pins.

“I’ve been working on making adjustments on the lane and I’m really starting to develop my game and get smooth at the line,” Townsend said. “Being able to get to the line so smoothly has been the key to developing my game. I slowed down my arm swing, my arm speed and my ball speed, and that’s helped me to focus on each shot.”

He credited his improvement to the instruction offered as a youth bowler by his father, Paul, and more recently, by Brian Green, owner of Striking Effects Pro Shop at Mancuso’s.

“They’ve helped me and, basically, everyone has been on my side and I thank everybody very much,” said Townsend, who noted that he “lit the place up” after switching to the Roto Grip Haywire ball for the 3 p.m. qualifying squad after failing to make the cut on the 12:30 squad.

Reaching the semifinals, and earning $125 apiece, were Devon Leach of Batavia and Mark Brown of Attica.

Quarterfinalists ($80 each) were defending champion Mickey Hyde of Le Roy, Mark Mack of Le Roy, Ricky Zinone of Rochester and Marty Lindner of Scottsville. Hyde was the high qualifier with 801 for three games (771 scratch).

Those eliminated in the first round ($50 apiece) were Martorella, Jeff Dewar of Rochester, Sam Oddo of Batavia, Frank Fitzmaurice of Rochester, Pat Bruton of Rochester, Jim Pursel of Batavia, Ken Wilson of Batavia and Don Perrault of Rochester.

Fitzmaurice rolled a 300 game in the USBC-certified tournament that drew 66 entrants. The top 16 earned prize money.

Photo: Tom Sardou, left, proprietor of Rose Garden Bowl, congratulates James Townsend, first place, and Jerry Blair, second place, following Sunday's Triple O Mechanical Singles Handicap Tournament. Photo by Mike Pettinella.

One of two men on trial over a gun-sale deal gone bad outside the Days Inn in Batavia on July 22, 2020, has agreed to plead guilty on multiple charges stemming from this case and several others in exchange for a sentence cap of 10 years in prison.

Devon Wright is charged in the Days Inn case with attempted criminal possession of a weapon 2nd and attempted criminal possession of a weapon 3rd.

As part of the deal, Wright will admit to attempted criminal possession of a weapon 2nd.  He is also pleading guilty to assault in the third degree, a misdemeanor, attempted assault 1st, a Class C Violent Felony, and criminal sexual act, also a felony.

In exchange, all other pending charges against Wright will be dropped.

Over the past two years, Wright has been arrested multiple times.

Yesterday, he failed to appear in court to start his trial in the Days Inn case, missing the jury selection process. This morning, his attorney, Nathan Pace, said he stayed with his girlfriend who isexpecting a child any day and Wright wishes to be present at his child's birth.

As part of the plea deal, Friedman has agreed to allow Wright to be released under the supervision of Genesee Justice while Wright awaits sentencing.

While Wright will have a curfew, he will be able to go to the hospital for the birth of his child.

In the Days Inn trial, Jacob Sponaugle is Wright's co-defendant.

Sponaugle is charged with attempted murder, assault, 1st; criminal use of a firearm; aggravated criminal possession of a weapon, 2nd; criminal possession of a weapon, 2nd; and criminal sale of a firearm, 3rd.

In his opening statement this morning, District Attorney Lawrence Friedman explained to the jury his theory of what happened the night of July 22 outside the Days Inn when Jacob Sponaugle allegedly shot Jason Whitehead in an apparent gun-sale deal gone bad.

According to Friedman, Sponaugle and Whitehead met up, with Sponaugle's girlfriend at the time, Crystal Schultz, in the car and drove to the Days Inn to try and sell Devon Wright a .22 pistol. 

When Wright wouldn't pay the asking price, Sponaugle walked away from the meeting and then allegedly turned around, told Whitehead, "It's your fault" and shot him.

The first witness called in the trial was Schultz, who testified that after Whitehead was shot, he let out a "blood-curdling scream." 

Schultz's testimony for the order of events before the shooting matched the case previously laid out by Friedman.   

After the alleged shooting, Schultz said he and Sponaugle drove back to the garage they were living in on Montclair Avenue.  In the car, she said, Sponaugle admitted to shooting Whitehead.

She said when she told him, "This isn't Chicago, it's not a rap song," Sponaugle said he didn't know why he shot Whitehead.

Back at the garage, he tried washing the gunpowder off his hands and wrapped the gun in cloth, and threw it up on the roof of the garage.  He then spoke to somebody on the phone and decided to get the gun off the garage roof. He used a ladder to retrieve it and then placed the gun in a can of paint.  

Sometime later, somebody drove to the residence and Sponaugle walked out of the garage with two paint cans. He returned with none. Later, Schultz found a paint can on the driveway, and she said she believed Sponaugle gave the paint can wth the gun in it to the driver of the car.

The weapon has never been recovered.

This will be Friedman's last case he prosecutes at trial before his retirement on Dec. 9.   This morning, Friedman, who has been with the DA's office for 40 years, told The Batavian that this was also the first two-defendant trial he's ever tried.

The number of active COVID-19 cases in Genesee County, 326, is nearing the hights total during the pandemic -- 343 in December 2020 -- according to Health Department reports.

Over the past few days, there have been 166 new positive COVID-19 cases reported to the county health department.  

There have been six recent deaths attributed to COVID-19 raising the countywide total over the course of the pandemic to 292.

Of the current positive cases, 22 are hospitalized.

There are 127 people previously reported positive who have completed their mandatory isolation period.

Devon Wright, a multi-time arrestee over the past two years who has remained mostly free during that time, failed to appear in Genesee County Court at 9 a.m. as ordered for the start of a trial with co-defendant Jacob Sponaugle.

The two men are accused of being part of an apparent gun-sale deal gone bad at the Days Inn in Batavia on July 22 that left one of the three participants wounded.

Wright is charged with attempted criminal possession of a weapon 2nd and attempted criminal possession of a weapon 3rd.

Sponaugle is charged with attempted murder, assault, 1st; criminal use of a firearm; aggravated criminal possession of a weapon, 2nd; criminal possession of a weapon, 2nd; and criminal sale of a firearm, 3rd.

District Attorney Lawrence Friedman said the court waited for two hours for Wright to show and then began jury selection without him.  By 5 p.m., the court had impaneled a 12-person jury with four alternates, Friedman said.

A warrant was issued for Wright's arrest.

At around 7 a.m., Friedman said he was informed that Wright was in custody and is expected to appear before Judge Charles Zambito at 9 a.m.

Opening statements are expected to begin at 9:30 a.m.

UPDATE 10:28 a.m.: Dressed in a white T-shirt, sweat pants, and jail crocs, and shackled, Devon Wright appeared before Judge Zambito at about 10 a.m. while his attorney, Nathan Pace, made a petition on behalf of his client that his absence from court yesterday be excused and that Wright be allowed to leave the trial at some point to attend the birth of his first child. Pace said Wright's girlfriend had been expecting to give birth on Nov. 12 but has yet given birth and that Wright stayed with her yesterday so he could be with her when the child is born.

Neither Friedman nor Zambito bought Wright's excuse. Both noted that Wright had sent text messages yesterday saying he was on his way and one that said he had arrived and both statements were untrue.  Both noted that Wright has a history of missing court appearances.  Zambito ordered Wright held but indicated he would consider a petition for him to visit his child if the child is born during the trial.  

Once that hearing was over, Wright was not ready for trial because the clothes brought to him at the jail didn't fit so his sister drove to a local store to buy him new clothes.  

Opening statements should begin shortly.

Press Release

Batavia City School District’s Board of Education has reached a contractual agreement and has formally appointed Jason Smith as the district’s new superintendent. Smith is scheduled to start his new role on Jan. 3, 2022. 

“The Board of Education is thrilled to welcome Jason Smith as the new superintendent of the Batavia City School District. We’re confident that his years of previous superintendent and administrative experience will serve our district well, not to mention he’s a BHS grad himself,” Board of Education President Alice Ann Benedict said in a news release. “As a local Batavian with children in our district, Jason understands the unique challenges and opportunities within our community, and we’re certain he will be a strong and dedicated leader for our students, staff, and families.” 

Smith first thanked the board for “entrusting me with this tremendous opportunity.”

“As a proud BHS grad, I am thrilled to be returning to Batavia in this new leadership role. Batavia is a very special place to me, and I look

forward to working alongside the incredible and inspiring students, staff, and community members,” he said in the release.  “I can’t wait to hit the ground running in the new year.”  

A 1990 Batavia High School graduate, Smith has served as the Superintendent of Schools in the Lyndonville Central School District since 2011. He also held various principal positions in the Elba Central School district from 2004-2011. He began his career in 1994 in the Albion Central School District as a high school social studies teacher. 

Smith received his Certificate of Advanced Study in Educational Administration and his Masters of Science in Education from the State University of New York College at Brockport. He is also a graduate of The State University of New York at Geneseo, where he received his Bachelor of Arts in History with a Minor in Sociology.

Kevin MacDonald, District Superintendent of  Genesee Valley BOCES, served as the district's search consultant.

Submitted Photo of Jason Smith

Press release:

The Genesee County Health Department is seeking information about the location of two dogs and the owner(s) following a dog bite incident around 5:30 p.m. on Tuesday, November 9. A group of individuals were playing outside in the area of 16 Maple Street in Batavia when two dogs came running towards the group from the direction of Evans and Thorpe Street. One of the dogs charged the group and bit one individual. 

The dog that bit one of the individuals in the group is described as a medium-sized, dark tan dog with a white chest. The dog was a shorthaired, pitbull shepherd mix and approximately 50 to 60 pounds.

The other dog was described as a light tan, shorter-sized dog who was approximately 40 to 50 pounds.

After the incident, the dogs headed back in the direction of Evans and Thorpe Street in Batavia.

It is important to locate the dog to determine whether or not it is current on its rabies shot. If the health status is not identified, post-exposure rabies shots will be offered to the victim.    

If you have information about the location of the dogs and its owner(s), please contact the Genesee County Health Department at 585-344-2580 ext. 5555.

Eric A. Spikes, 44, no permanent address, is charged with assault 2nd, two counts of burglary 2nd, menacing 3rd, and endangering the welfare of a child. Spikes is accused of physically attacking and injuring another person during an incident on Aug. 26 at 12:17 a.m. on North Lyon Street, Batavia, where multiple children were present.  He was arrested on a warrant. He was arraigned in City Court and jailed without bail.

Katherine Jessica Vail, 29, of Griswold Road, Bergen, is charged with DWI, driving with a BAC of .08 or greater, and reckless endangerment 2nd.  Vail is accused of driving drunk and striking a pedestrian and his dog at 6:11 p.m., Saturday, on South Lake Road, Bergen.  VAil was released on an appearance ticket.

Jeffery Michael Johnson, 33, of Lake Street, Le Roy, is charged with DWI Drugs and driving left of the pavement markings.  Johnson was stopped at 3:46 a.m., Saturday, on Main Road, Stafford, by Deputy David Moore.  He was released on an appearance ticket.

Jonathan Micahel Reed, 28, of Lake Street Road, Le Roy, is charged with two counts of sex offender failure to report a change of address/status within 10 days. Reed is accused of failure to register a new internet service provider and account within 10 days.  He was arraigned in Town of Le Roy Court and jailed without bail.

Aaron Michael Reagan Hatt, 25, of Federal Drive, Batavia, is charged with driving while impaired by drugs, DWI, driving without a license, and failure to signal.  Hatt was stopped at 2:13 a.m, Sept. 19, on Wortendyke Road, Batavia, by Deputy Morgan Ewert. Hatt was released on an appearance ticket.

Zachary James Chittenden, 34, of Boyce Road, Pembroke, is charged with DWI, driving with a BAC of .08 or greater, and no or inadequate plate lamps.  Chittenden was stopped at 2:38 a.m., Sunday, on Hartshorn Road, Batavia, by Deputy Zachary Hoy.

Philip M. Escobar, 32, of Kirvin, Texas, was arrested on a bench warrant for alleged failure to appear in Batavia City Court.  He was arraigned in City Court and released on his own recognizance.

Mark B. Havens, 59, of Batavia, is charged with criminal mischief 3rd, assault 3rd, and grand larceny 4th. Havens is accused of striking another person in the face causing injury and taking the person's mobile phone, and damaging a computer during an incident reported at 3:40 p.m., Nov. 7, at an address on Liberty Street, Batavia.  Havens was arraigned in City Court and released on his own recognizance.

Jason L. Johnson, 39, of Batavia, is charged with criminal possession of a controlled substance 7th. Johnson was reportedly involved in a physical altercation with another person at a business on East Main Street at 11:58 p.m., Nov. 5, and when police identified Johnson, they arrested him on charges from an unrelated incident.  He was allegedly found in possession of crack cocaine and a broken crack pipe in his jean pocket.

Jaequele M. Tomlin, 26, of Batavia, is charged with criminal mischief 3rd.  Tomlin is accused of damaging property on Watson Street during an incident reported at 10:24 a.m., Nov. 4.  She was arraigned in City Court and released on her own recognizance.

Paul A. Inostroza, 30, of Batavia, is accused of criminal obstruction of breathing or blood circulation, reckless endangerment 2nd, attempted assault 2nd, and harassment 2nd. Inostroza allegedly attacked another person at 12:50 a.m., Sept. 5, at a location on East Main Street, Batavia.  He was arraigned in City Court and released under supervision.

Erik Pokornowski, 30, of Byron, is charged with DWI, driving with a BAC of .08, failure to stop at a stop sign, and moving from lane unsafely.  Pokornowski was stopped at 1 a.m., Oct. 30 on East Main Street, Batavia, by a Batavia police officer.  He was released on an appearance ticket.

Gilberto N. Natal, 33, of Batavia, is charged with harassment 2nd. Natal allegedly grabbed another person during an argument and threw the person to the ground in an incident reported at 3:45 p.m., Oct. 27, on South Lyon Street, Batavia.  Natal was arraigned in City Court and released on his own recognizance. 

Timothy M. Henry, 26, of Le Roy, is charged with petit larceny.  Henry is accused of stealing $74.54 in merchandise from the Walmart in Warsaw. He was arrested by State Police and released on an appearance ticket.

Michael P. Jansma, 32, of Attica, is charged with DWI and driving with a BAC of .08 or greater. Jansma was stopped by State Police at 9:45 p.m., Saturday, in the Town of Pembroke. He was released on an appearance ticket.

Crystal S. Duncan, 36, of Batavia, is charged with DWI and driving with a BAC of .08 or greater. Duncan was stopped by State Police at 10:26 p.m., Friday, in the Town of Batavia. Duncan was released on an appearance ticket.

Allyson P. Lawrence, 27, of Batavia, is charged with criminal possession of a controlled substance 7th. Lawrence was arrested by State Police in the Town of Batavia, at 4:48 p.m., Nov. 7.  She was released on an appearance ticket. No further details released.

Valarie L. Mancini, 64, of Shortsville, is charged with criminal possession of a controlled substance 7th and driving while impaired by drugs. Mancini was stopped at 6:15 a.m., Nov. 10, by State Police, in the City of Batavia.

A 15-year-old resident of Batavia is charged with criminal mischief 3rd.  The youth was arrested by State Police in connection with an incident reported at 10:50 p.m., July 24.

Press release:

On November 13, 2021, the Bureau of Criminal Investigation (BCI) out of SP Batavia arrested Brennan M. Dean, 20 of Bolivar, NY was arrested for Manslaughter (C Felony), Vehicular Manslaughter 2nd degree (D Felony), Criminal Possession of Stolen Property 4thdegree (E Felony), Criminal Possession of Controlled Substance 7th degree (A Misdemeanor), Leaving the Scene of a Fatal Motor Vehicle Accident, DWAI-Drugs (1192-4) and additional Vehicle and Traffic Violations.

On November 12, 2021, at approximately 2:30 PM, Troopers out of SP Warsaw responded to Starr Road and Crossman Road in the town of Pavilion for a one-car collision. Further investigation revealed that 2010 Chevrolet Cobalt was traveling southbound on Starr Road at a high rate of speed when the vehicle exited the roadway at a curve striking a utility pole. The passenger was ejected from the vehicle and pronounced deceased at the scene.  The operator, Dean attempted to leave the scene when patrols were able to locate him in the area.  Dean was transported to Strong Memorial Hospital for non-life-threatening injuries.  Once Dean was released from Strong Memorial Hospital, he was arrested and transported to SP Batavia for processing.  Dean was arraigned at the town of Pavilion and remanded to the Genesee County Jail in lieu of $100,000 cash or $200,000 bond.

The vehicle involved in this incident was reported stolen out of North Tonawanda earlier on November 12, 2021.

The passenger has not been identified at this time.

New York State Police Collision Reconstruction Unit, the Bureau of Criminal Investigation, Genesee County Sheriff’s Office and the Genesee County District Attorney’s Office assisted in this investigation.

This is still an ongoing criminal investigation.

Previously: Minimal information available from State Police on fatal accident in Pavilion

Photo: Alecia Kaus/Video News Service

The beat goes on for the Pavilion Lady Gophers.

Coach Rex Eighmey’s team this afternoon advanced to the New York State Public High School Athletic Association “Final Four” with a hard-fought, straight set victory over Chautauqua Lake in the girls volleyball Class D Far West Regionals at Le Roy High School.

By winning 25-23, 25-10 and 26-24, Pavilion kept its perfect season intact as it has yet to lose a set in compiling a 25-0 record.

But it wasn’t easy, Eighmey said, as the Lady Gophers had to rally from a 19-15 deficit in the first set and survived a late charge by the Lady Thunderbirds in the decisive third set.

Chautauqua Lake, which suffered its first loss in 18 matches, was Pavilion’s toughest opponent this season, Eighmey said.

“Oh yeah, by far yeah,” he said. “They’re really good. They're the most athletic team and have a couple good hitters. But we kind of kept things under control. Our girls played out of their minds and it was fantastic to watch.”

With the score tied at 23 in the opening set, Chautauqua Lake missed on a serve, turning the ball over to Sara Laurie, who served the winning point. Pavilion dominated the second set, and then took a 17-12 lead in the third set before the Lady Thunderbirds came back to go up 22-21.

Pavilion called a timeout and, after their opponentsmissed on another serve, scored two points to go up 24-22. Chautauqua Lake rallied to tie it again at 24, but missed on another serve. From there, Paige Landers took the serve and her teammates came through for the final point.

The statistics were distributed across the team with Karlee Zinkievich getting four kills and 10 digs, Shea Amberger tallying five kills and two blocks, Adeline Milligan recording nine kills and eight digs, Lauren Kingsley contributing 12 kills and eight digs and Shannon Campbell posting 23 assists and four digs.

Eighmey said his team’s balance seem to wear down Chautauqua Lake in the second set, but he did give the Section VI representative credit for making the third set close.

The Lady Gophers now move on to the four-team, round-robin Class D state tournament next Saturday afternoon in Glens Falls. Each team will play three two-set matches with the squad with the best record earning the championship.

Little did Jeff Boshart know that his offer to help “keep the doors open” at the Genesee County Airport in 1982 would turn into a successful career in avionics as owner of Boshart Enterprises & Aircraft Services at the East Saile Drive facility.

Boshart, a Corfu resident who was living in Lancaster at the time, said he began employment at the airport under the supervision of Andy Cordes.

“About six months after I got here, he (Cordes) went out of business,” said Boshart, who, with his wife, Carol, operates the airplane repair/enhancement venture out of the main terminal and hangar. “If you remember in 1982 there weren’t many jobs and interest rates were like crazy.”

He said he approached Joseph Amedick, the Genesee County highway superintendent who was in charge of overseeing airport operations, thinking that “I can keep the doors open and help these guys out down here.”

“At the time, we had International Chimney, Graham (Manufacturing) and Genesee Le Roy Stone (planes) still in the hangar after Andy cleared out,” he recalled. “And I don’t have a place to go, either.”

Boshart said that Amedick spoke with then County Manager Charles Meyer, and came back with a proposal: “He says, ‘Give me an insurance policy for $25,000 and don’t worry about the rent; just keep the doors open.'"

So, that’s what he did.

“I would come in here like late at night, when International Chimney got done with whatever they were doing, and I’d clean the airplanes, drop the oil or whatever, and I would go back home,” Boshart said. “That was how we started. I had no intention of ever being a businessman.”

Nearly 40 years later, the company continues to thrive, said Tim Hens, Genesee County’s current highway superintendent who also is in charge of the airport.

“We host Jeff and Carol here at the airport as what is known in the aviation world as a limited fixed base operator,” Hens said. “They rent space from the county – and what they do, they do very well.

“They repair planes, they put avionics packages in the plane, do maintenance and stuff and they draw people in from all over the Northeast. They do a heck of a business and are really our key tenant out here.”

Boshart said the avionics industry – which includes all components of the aircraft’s communication system -- is changing at a rapid pace.

“We do a lot of the radio upgrades,” he said. “Right now, in the aviation career, that part of it is moving so fast. It’s like the year 2000 when you were trying to buy a computer. You didn't know whether to buy one on that day or wait three days because there was going to be a better computer out. That's where we are with avionics.”

He went on to say that many of the smaller planes and jets that use the Genesee County Airport have more equipment than commercial airliners.

“It's phenomenal. You almost don't need a pilot. As a matter of fact, we have what they call Autoland. Everything goes to heck, you push a button up top – a big red button -- and the airplane takes you to the airport and it lands.”

The county airport has made giant strides since the early days when it was founded by Gil Chapell in the early 1940’s. The Chapell family lived in a house on the grounds.

Boshart said he met Chapell in the mid-1960s when his family moved into the area from Ohio.

“My dad started, with a number of other people, the Akron airport,” he said. “And they had they had a little tailwheel aircraft that dad used to fly around. And so back in 1965, when we moved up here, we used to fly over here because my aunt lived just over the hill on State Street. And I got to meet Gil and his wife when I was a little kid -- they had the house down here.”

He remembers the Chapell’s farmhouse and a couple of hangars and a gas pump, and a small restaurant.

“That’s my first recollection of the place; it was it was a grass strip. Then, Gilbert built the old hangar that they tore down five or six years ago.”

The facility was known as Batavia Airport at that time until the county assumed ownership in 1964.

Over the years, it has been expanded from 200 to 264 acres. In 2005, the runway was extended from 4,400 feet to 5,500 feet to accommodate business jets.

The Federal Aviation Administration estimates there are 115,000 takeoffs and landings annually.

A pilot himself, Boshart said he used to have his own plane, but not anymore.

“I’m like Tim. I have a fishing boat,” he said.

Photo at top: Carol and Jeff Boshart with Tim Hens, right, at the Genesee County Airport's main hangar.

Some of the aircraft being worked on by Boshart Enterprises' technicians.

Submitted photo: A scene from days gone by of the old terminal and hangar at the airport.

Submitted photo: This photo from the 1950s hangs on the wall in the office of the main terminal. From left, woman not identified,Tim Willard, Harold Hale, Gil and Gloria Chapell.

A possible serious-injury accident was reported around 3:15 today on Starr Road and Crossman Road, in Pavilion. 

The State Police have refused to provide any information about the accident.  

It was reportedly a one-vehicle accident with a person ejected.  Mercy Flight was called but it's unknown if a person was transported.

A person reportedly fled the scene on foot and a K-9 was requested to assist in the search.  Because the State Police refuse to provide information to the public about the incident, it is unknown if the person was ever located.

A trooper who answered the phone at the Batavia Barracks this evening said,  "it's not our policy" to release information.

UPDATE 7:49 p.m.: Trooper James O'Callaghan, Troop A public information officer, said he did not yet have any information on the accident other than to confirm it is a fatal accident. 

UPDATE 8:09 p.m.: Additional information from Troop A: The vehicle was southbound on Star Road and struck a utility pole.  Another occupant of the vehicle was transported to Strong Memorial Hospital with non-life-threatening injuries.  The investigation is ongoing.

Alecia Kaus/Video News Service contributed to this story.  Photos by Alecia Kaus.