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After admitting to burglary and drug dealing, Batavia resident given concurrent prison terms

By Howard B. Owens

Michael L. Jackson was clearly relieved to receive concurrent sentences on multiple felony convictions in Genesee County Court this morning.

After Judge Robert C. Noonan announced that Jackson's two-year prison term on a drug-dealing charge could be served while he's also in prison for breaking into and trashing the offices of Holland High Lift in Bethany, Jackson gave a little thumbs up and turned to his family sitting behind him and smiled.

Dressed in Genesee County Jail orange and with his wrists cuffed, Jackson was clearly anxious about his fate during the morning hearing, up until the point the second sentence was pronounced.

The former Oakfield resident, who's home was destroyed in a fire two years ago, entered a guilty plea to charges of burglary, 3rd, two counts of grand larceny, criminal mischief, 4th, and witness tampering, 4th.

Noonan noted that Jackson clearly recognized he had no defense to the charges when he entered his unconditional plea the day his trial was supposed to start.

He sentenced Jackson to two-and-a-third to seven years in state prison on the burglary and larceny charges and one year concurrent on the witness tampering charge.

After Jackson's June 10 guilty plea, the Batavia resident was caught selling prescription drugs to an undercover agent. Last week, Jackson entered a guilty plea to a charge of criminal sale of a controlled substance.

Jackson obtained no sentencing cap or a promise of concurrent sentences with either guilty plea.

Attorney Gary Horton said Jackson stayed out of trouble from 2003 until 2009, when he lost his home and seemed to go into a tailspin. He said Jackson was so drunk the night in broke into Holland High Lift that he had a blackout and remembers nothing about it.

When asked by Noonan if he wanted to make a statement before sentencing, Jackson said, "Sir, I don't really remember that night. If I did, I should not have done it. Other than that, I'm sorry."

Most of Holland High Lift's losses were covered by insurance, but there was a deductible and a damaged motorcycle that was not covered. Jackson was ordered to pay $2,500 in restitution.

Burglary suspect has bail set at $50K

By Howard B. Owens

A Rochester man accused of breaking into the home of a former friend and threatening the woman with a knife had his bail set at $50,000 today by Genesee County Court Judge Robert C. Noonan.

Robert Thigpen III, 35, of 287 Flower City Park, Rochester, was jailed without bail after his arrest because with his prior felony conviction, a city court can't set bail.

Noonan set a fairly high bail because of the seriousness of the offense and the prior felony conviction, but also raised a concern that Thigpen will face a more serious charge of burglar, 1st, rather than the current burglary, 2nd, charge, when the case goes to the grand jury.

"The facts in supporting documents would support a burglary, 1st, charge," Noonan said. "I’m not sure if it will shake out that way, but it has the possibility of very serious consequences for Mr. Thigpen."

Thigpen is also charged with menacing, 2nd.

The alleged attack occurred last week on State Street.

The defendant resident has been living and working, including running his own cleaning business, in Rochester for two years.

Batavia Muckdogs lose first game of playoff series

By Howard B. Owens

If the Batavia Muckdogs have had one weakness this year, it's been the bullpen.

While relief pitching has been stellar at points, the Muckdogs have let a lot of games slip away in late innings.

Tonight, in Troy against the Tri-City ValleyCats, the Muckdogs took a two-run lead into the ninth, blew it and ended up losing in the 11th, 10-9.

Closer Michael Reid was charged with a blown save and took the loss, giving up three runs in 2 1/2 innings. Reid had a 2.05 ERA and two wins and two saves during the regular season in 31 innings of work.

Starter John Gast, who came into the playoffs with a regular season record of 6-0 and a 1.54 ERA in six starts, gave up seven runs in five innings.

The Muckdog's offense was led by Jon Rodriguez with four hits and Nick Longmire with three hits, two walks and two RBIs.

Chris Edmundson and Geoff Klein also had two hits each. Edmundson had two RBIs and Klein drew two walks.

The Muckdogs return to Dwyer Stadium at 7:05 p.m., Wednesday, for game two of the three-game series.

Photos: Blue Devils drop soccer match to Brighton

By Howard B. Owens

The Batavia Blue Devils soccer team dropped a match 3-1 against Brighton this afternoon at the high school. Batavia is now 2-1 on the season and Brighton is 1-2.

More photos after the jump:

 

 

Resident reports seeing flames off Angling Road

By Howard B. Owens

An unknown type fire has been reported somewhere in the area of Angling Road, East Pembroke.

The caller is a resident on Main Road and reported seeing flames, but couldn't give the exact location.

East Pembroke Fire is responding.

A fire chief who lives in the area says he hasn't seen anything.

UPDATE 10:07 p.m.: It is apparently a controlled burn.


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Weather: weather-related calls

By Howard B. Owens

Rather than separate posts for each weather-related call, we'll update this single post.

A transformer is on fire at Ledge and Lewiston roads.

Currently, National Grid reports only two minor power outages in the Alabama area.

UPDATE 9:14 p.m.: Nothing found on the Ledge Road/Route 77 to report.

UPDATE 9:16 p.m.: A power outage effecting 25 households has been reported in West Alabama along Lewiston Road.

UPDATE 9:24 p.m.: Severe thunderstorm warning is canceled.

Weather: Severe thunderstorm warning until 9:30 p.m.

By Howard B. Owens

At 8:35 p.m., the National Weather Service issued a severe thunderstorm warning for Genesee County.

The warning is in effect until 9:30 p.m.

The storm is capable of producing quarter-size hail and winds in excess of 60 mph.

The storm is producing cloud-to-ground lightening. 

The weather service warns, "Lightning is one of nature's number-one killers. If you can hear thunder, you're close enough to be struck by lightning."

Car accident with injuries in Byron

By Billie Owens

A two-car accident with injuries is reported at Byron Road and Route 262.

Byron and South Byron fire are responding. First responder requests Mercy EMS advanced life-support ambulance to respond.

UPDATE 8:43 p.m. (by Howard): Two sign offs. No ambulance transport. Byron and South Byron back in service.

Court pieces together paperwork on county's first Leandra's Law interlock-device sentencing

By Howard B. Owens

BATAVIA, NY -- On the first Leandra's Law interlock-device case to go through Genesee County Court, there were some bugs in the bureaucracy to be worked out.

First, the case of Joshua P. Garcia was delayed from the morning to the afternoon so State Probation form DPCA-520 BAL-IID could be filled out. That form is titled "Vehicle Operation and Access By Others," and contains a description of the vehicles a person convicted of DWI could drive.

Garcia, an Erie County resident charged with DWI on Dec. 20, filled out the form originally with two vehicles, but then decided to turn in the plates on one and it was scratched from the form. 

Even so, the county has its own form, and it asked for two pieces of information not on the state form -- vehicle color and the license plate number. Since that form surfaced in court this afternoon, a deputy had to call dispatch and read the VIN number off the DPCA-520 BAL-IID form to a dispatcher and get the plate number.

Then, Garcia's attorney, Jerry Ader, petitioned the court for a hardship waiver so his client wouldn't have to pay for the interlock device. That form had to be filled out in triplicate and handed to the court at the time of sentencing, even though Judge Robert C. Noonan would be ruling on the matter in the same hearing.

In the end, Noonan found that Garcia's $25,000 annual salary was sufficient to pay for the device -- even with the fines for this DWI, a recent DWI conviction in Erie County plus probation fees there. The judge sentenced Garcia to five years probation and 90 days intermittent incarceration.

Noonan said he didn't find Garcia "indigent enough" to waive the interlock-device fees, which judges can do under terms of Leandra's Law.

Garcia, a stepson of Joseph Benaquist, the Pembroke resident murdered by Scott Doll in February, 2009, said he has been through a lot recently and turned to drinking because of the stress.

"Now I see that alcohol has brought problems into my life," Garcia said. "I’m done with alcohol."

Under sentencing guidelines, Noonan had few options, but said, "I have enough faith in you to give you a try on probation."

Ader asked that the interlock-device requirement be delayed until Garcia is eligible for a conditional driver's license.

According to his reading of the law, Ader said, he believed Noonan had the discretion to set a later date for installation.

"It makes no sense when my client does not have license," Ader said. "If he gets behind the wheel of a car while on probation, he’s committing a felony."

But the law also requires the device be installed within 10 days of sentencing, which is what Noonan required.

State begins construction project on Ellicott Street

By Howard B. Owens

Contractors working for the state Department of Transportation began working on Ellicott Street, Batavia, this morning.

A 1.7-mile stretch will be milled and resurfaced. By the end of the project, the four-lane roadway will be reduced to three lanes and bike lanes will be added.

Man falls off ladder in Bethany

By Howard B. Owens

Mercy Flight has been dispatched to the Bethany Fire Hall to pick up a man who fell off a ladder.

He reportedly fell 15 feet, but was conscious following the accident.

It occurred on a farm off Route 20 in Bethany.

He was flown to Strong Memorial Hospital.

Mercy releases numbers from first year of EMS operations

By Howard B. Owens

(UPDATED 12:48 p.m.)

It's been a year since Mercy EMS was established in Genesee County, and during that time Mercy has responded to 4,767 calls in the county.

During the same period, Mercy Flight has been put in the air for medical missions 92 times. There were 166 requests for the helicopter.

In the prior 12 months in Genesee County there were 151 requests and 83 flights.

"As you can see there was no significant change in air transports," said Mercy VP Margaret Ferrentino in an e-mail response to a question about comparable data. "This data along with results of our internal system wide utilization reviews supports appropriate use of resources."

In a statement, Ferrentino said: "We are extremely proud of the men and women at Mercy EMS; their commitment to the community and their dedication to our mission has been outstanding.

“We value the partnerships that have developed with the hospital and agencies throughout the county. The resulting teamwork allows us to effectively provide critical service to those who live, work or play in Genesee County.”

Mercy employs 51 people and has seven ambulances and three paramedic cars in service in Genesee County. 

When Mercy EMS launched on Sept. 1, 2009, the organization hired 57 people. Of those, 43 are still with Mercy.

From the press release:

“To support our patient care focus, we continue to add equipment assets and strive to provide the best work environment possible for our employees,” said Douglas H. Baker, Mercy Flight’s CEO and founding president.

Police Beat: Sex abuse charged following alleged touching on Darien Lake ride

By Howard B. Owens

Alexander Agapii, 31, of Penfield, is charged with sexual abuse, 3rd. Agapii is accused of touching a 14-year-old girl without her consent while on the Lazy River Ride at Darien Lake. Agapii was jailed on $250 bail.

Steven Robert Gorecki, 24, of Tracy Avenue, Batavia, is charged with two counts of criminal contempt. Gorecki is accused of getting into an argument with his girlfriend. He allegedly "racked" a shotgun and pointed it at her. After the incident was reported, a warrant was issued for his arrest. He later turned himself in.

Bernard A. Buckenmeyer, 46, of Alexander, is charged with DWI and driving with a  BAC of .08 or greater. Buckenmeyer was stopped by State Police at 9:25 p.m., Sunday, on Hunn Road in Alexander.

Single-car accident in Pembroke leads to DWI charge

By Howard B. Owens

A 21-year-old Pennsylvania woman was charged with DWI following a single-car accident on Main Road in Pembroke on Monday morning.

Jessica A. Franks, 5109 Bellvedere Road, Tobyhanna, Pa., allegedly failed to reduce her speed as her car entered a curve causing it to leave the roadway and strike a mailbox and its post.

The mailbox and post went airborne and struck a parked car. Franks' car then continued westbound striking two trees and a utility pole.

Franks was taken by ground ambulance to ECMC. The accident occurred at 5:41 a.m. in the area of 607 Main Road.

Franks' passenger, Darcie L. Myers, 21, was not injured.

The accident was investigated by Deputy Howard Carlson.

 

Caller says black smoke coming from house on East Main Street

By Howard B. Owens

A caller reported seeing black smoke coming from a residence on East Main Street.

A first responder says the smoke is coming from the second floor of 318 E. Main St., Batavia.

A second alarm has been requested.

UPDATE 12:55 a.m.: On scene, whatever fire there was -- and there was clearly a fire -- was extinguished pretty quickly. Fire personnel were overheard saying the apartment where the fire was located was vacant, but questions about the fire were referred to Chief James Maxwell, who was not on scene. The building has six mailboxes. There was no evidence that any residents were home, and the open upper windows gave the appearance of vacant apartments or offices. Firefighters forced access into the doors of the front office, and upstairs spaces as well as the basement, to check for any additional fire. A few minutes ago, an investigator on scene (heard over the scanner) asked to speak to the original caller.

MORNING UPDATE: The fire caused an estimated $20,000 in damage. The fire was in the kitchen with extension up an interior wall. In this morning's press release, there is no mention of cause or origin. Confirmed, the building was vacant. The fire is under investigation by the police and fire departments.


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Long-horn laying on Galloway Road

By Howard B. Owens

Law enforcement has been dispatched to Galloway Road near Macomber Road, Oakfield, for a report of a longhorn cow or steer (unknown which) laying in the road.

The dispatcher said there were previous calls about a longhorn loose in the area, but now it's apparently laying in the roadway.

UPDATE: The owner was able to retrieve the animal.

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