Kerry Hoffmann, the 27-year-old former band teacher from Oakfield-Alabama accused of sexually abusing a student, will take his case to trial, according to his attorney.

Hoffman appeared in Oakfield Town Court this evening to set a trial date.

"People will be surprised," said his attorney, Thomas D. Calandra. "We will be bringing up issues that will surprise people."

Hoffman turned down a plea offer this evening, according to Assistant District Attorney Kevin Finnell.

"We talked about a plea, but it didn't come to fruition," Finnell said. "I don't know how close it was, but it was being considered up until tonight and then it was rejected."

Hoffman has until 24 hours before the scheduled trial date, 9:30 a.m. March 23, to accept any plea offer.

All six charges against Hoffman, five counts of sexual abuse and one count of endangering the welfare of a child, are misdemeanors.

UPDATE: 13WHAM reporter Sean Carroll says that Finnell told him Hoffman faces a 7th charge -- this one, official misconduct.

Photo: Kerry Hoffman outside of court this evening. Photo courtesy 13WHAM.

The man accused of driving Kid Rock's tour bus while drunk entered a not guilty plea to three DWI charges during an arraignment this morning in Genesee County Court.

Joseph S. Devlin, 37, St. Augustine, Fla., was arrested July 15 after Sheriff's deputies spotted the bus on Route 77 in Pembroke, they say, operating erratically.

Devlin was employed at the time by a company contracted to provide transportation for Kid Rock and his entourage.

He faces two felony counts of DWI.

Devlin posted the $10,000 bail set in the case immediately.

Previously:

• Driver of Kid Rock crew busted for alleged DWI
• Kid Rock bus driver not drinking Tuesday night, Buffalo attorney says

Delavan's Restaurant and Tavern, 107 Evans St., Batavia, NY: To me, Delavan's is one of those restaurants where you want to eat frequently until you try everything on the menu. We have a $20 gift certificate for $10.

Adam Miller Toy & Bicycles, 8 Center St., Batavia, NY: Feel like a kid in a toy store again, or treat your kids to the greatest toy store they will ever see. We have a $25 gift certificate for $12.50.

Margarita's Mexican Restaurant, 15 Jackson St., Batavia, NY: When you're looking for an authentic Mexican meal, Margarita's is the place to go. The food and atmosphere are perfect and the service is always outstanding. We have a $20 gift certificate for $10.

T.F. Brown's, at 214 E. Main St., Batavia, NY: T.F. Brown's is a great place for a good meal, good friends and to catch up on what's going on in the sports world. "If it happens in sports, it happens at Brown's." We have a $20 gift card for $10.

Kravings Kafe, Valu Plaza, W. Main Street, Batavia, NY: Recently opened, it offers soups, salads and sandwiches, fresh and flavorful; Monday through Saturday. We have $10 gift certificates for $5.

NOTE: If you've never bought Deal of the Day before, or are otherwise unfamiliar with the rules and process, click here.

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An employee of a restaurant in the Village of Le Roy is accused of stealing food and possibly other items over a period of time from his employer.

Arrested was Shawn D. "Bucky" McCumiskey, 38, of 24 North Genesee St., Fillmore.

He is charged with one count of petit larceny.

McCumiskey was allegedly caught by another employee at 2:30 p.m. Dec. 23 removing product from the restaurant.

Det. John Condidorio investigated the alleged crime.

The Batavia City Council meets at 7 tonight.

There will be a regular business meeting followed by a budget workshop.

City Manager Jason Molino's proposed budget calls for a 3-percent tax increase.

Tonight's budget session will focus on sewer and water, and address some of the challenges associated with aging infrastructure.

On the business meeting agenda, there is a resolution to increase spending on legal fees by $35,000, to help pay for ongoing litigation.

Stuart P. Newbould, 43, of 15959 Bridge Road, Kent, is charged with DWI, driving with a BAC of .08 or greater and failure to stop for a stop sign. Newbould was arrested by Deputy John Weis after he was allegedly involved in a property damage accident on Friday at the intersection of South Holley and North Bergen roads. Newbould was also accused of driving at an unreasonable speed.

David W. Pape Jr., 22, of 32 Alpine Lane, Caledonia, is charged with DWI, driving with a BAC of .08 or greater and aggravated unlicensed operation. Pape was arrested after his car reportedly went off the edge of the road on Route 19 in Bergen at 2:42 a.m. Saturday. Deputy John Weis also issued Pape a ticket for alleged unlawful possession of marijuana.

Corey Jamed Hemmer, 23, of 91 S. Main St., Apt. B, Elba, is charged with failure to pay a fine. Hemmer was arrested following a NYS parole check, when parole officers realized there was an outstanding Genesee County warrant for his arrest.

The Sheriff's Office is looking for Corey A. Johnson, who is wanted for an alleged violation of probation.

Johnson is 22 with a last known address in Silver Lake. Johnson was convicted of larceny and was on supervised probation.

Anybody who might have information on her whereabouts is asked to call (585) 343-3000.

UDPATE Jan. 13, 9:10 a.m.: The Sheriff's Office reports Corey Johnson is in custody.

A City of Batavia sidewalk plow has rolled over on Walnut Street near Law.

We really don't need cold like we had yesterday.  Burr.

A projected high today of 27 almost sounds like relief, but Thursday projected high of 38 is something to look forward to.

There is a chance of snow by noon, and a better chance of snow in the afternoon, but don't expect more than an inch of accumulation.

A car is reportedly on its side in the area of 5860 Clinton St. Road, Batavia.

There are reportedly injuries.

UPDATE 10:40 p.m.: Stafford Fire is responding.  One older woman is trapped in the car. It's unknown if she's injured.

UPDATE 11:05 p.m.: "Victim extricated." Previously, Mercy Flight was dispatched and then cancelled.

UPDATE 11:21 p.m.: The driver is being transported to Strong Memorial Hospital by Mercy EMS. 

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Corfu Fire has been dispatched to the Pizza Pantry for a report of smoke in the basement.

UPDATE 8:09 p.m.: A first responder reports a smell of wood burning in the basement. The restaurant is being evacuated.

UPDATE 8:45 p.m.: Darien and Corfu crews are still on scene and have not identified the source of the smoke smell, but report there is still some odor. Apparently, some melted wires were found above the office, but it's unclear if that could be a source of the smell.  The smell is still described as a wood smell.

UPDATE 9:07 p.m.: This is a possible electrical fire in a wall.  Alexander, Attica and Bennington are being dispatched to a staging area in Corfu, as well as Town of Batavia's Fast Team. Also, Alden's ladder truck is responding.

UPDATE 9:15 p.m.: Bennington is standing by at Darien Fire Hall, Attica is continuing to the staging area. Also, Emergency Management Coordinator Tim Yaeger is responding.  All units are responding none emergency. Wyoming dispatch was just informed, "It's all precautionary."

UPDATE 9:18 p.m.: A hot spot has been found in the basement. "The temperature is rising."

UPDATE 9:46 p.m.: A little while ago, a fire crew on the first floor reported it was about to spray water down the wall into the basement. Just now, a fire crew member in the basement reported his crew was exiting the basement. The thermal camera is now reporting temperatures in the 50s. National Grid is now on scene. Also, Route 77 in front of Pizza Pantry has iced over and town road crews are being requested.

UPDATE 9:55 p.m.: Standby units released. Darien Fire Chief reports fire source was located and extinguished and Darien units are picking up.

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Two teenagers were injured yesterday when one of them apparently lost control of the car he was driving on Sandpit Road.

The 2000 Chevy Pickup flew into a barn at 10298 Sandpit, Alexander, and landed on its roof in the basement of the barn.

Joseph Edel, 16, of 11 North St., Attica, was taken by Mercy EMS to UMMC with neck pain. His passenger, Michael A., Bigouette, 15, was transported by ambulance to UMMC complaining of chest pain.

The 4:35 p.m. accident remains under investigation by Deputy Cory Mower and no tickets have been issued.

Previously: Report of vehicle into a barn on Sandpit Road, Alexander

An accident with injuries has been reported in the area of 2687 Judge Road, Oakfield.

UPDATE 4:36 p.m.: A first responder, likely law enforcement, reports no injuries and suggested that Oakfield Fire not respond because of road conditions.

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A car has hit a pole and wires are down in the area of 7797 Oak Orchard Road (Route 98).

Minor injuries are reported.

Mercy EMS and Town of Batavia Fire have been dispatched.

A car has rolled over on the Thruway in the Pembroke area, but a second called to dispatch reports the driver is getting out of the car.

Pembroke Fire and Mercy EMS are being dispatched.

UPDATE 4:16 p.m.: First responder reports that the westbound lane is heavily covered in snow. The dispatcher responded that several calls have come in to report that situation and the Thruway Authority has been notified.

UPDATE 4:27 p.m.: If I'm hearing this right, an ambulance is stuck in the snow and a tow has been requested to pull it out. It's unclear if it's at this location or another.

A lot of homes in Genesee County are really old, and so are their chimneys. But yesteryear's chimneys weren't designed for venting the energy-efficient appliances of today, nor are they safe and working properly just because they may look OK.

If you could see inside your chimney, you might find a lot to be concerned about.

A flue that services a fireplace or woodstove might have: cracks and/or missing pieces of a clay liner; mortar and bricks that are eroded or loose; and creosote buildup. These conditions could be the result of flue fires, improperly ventilated appliances, a misused woodstove, bad construction or excessive moisture.

A flue servicing the furnace side of a chimney, might show cracked or missing tiles, a missing or corroded liner, excessive soot or, in oil flues, moisture. These problems can cause wallpaper to peel and plaster to crack, allowing carbon monoxide to seep into the home.

Chimney defects can result in injury and death. It doesn't take much to start a house fire -- one spark or ember can cause catastropic damage. Deterioration can allow deadly fumes to fill the house.

WNY Fireplace Outlet, located on W. Main. St. Road in Batavia, offers a solution that includes a lifetime warranty (transferable to subsequent owners) and does not require rebuilding the chimney. It's called the HomeSaver Pro Strength Chimney Relining System and is considered the strongest on the market, hands down.

This smart and effective way to remedy chimney problems -- or guard against them -- is tested and listed by Underwriters Laboratories as meeting its highest safety standards.

It features a specially formulated stainless steel -- to handle gas, oil, wood or coal flues -- and a patented, gas-tight interlock system that is incredibly strong and unsurpassed in its ability to handle the harsh and corrosive environment inside chimneys. It can even contain violent chimney fires.

It fits every chimney configuration. It's flexible enough to bend and it can be shaped to fit through tight damper spaces, like those for fireplace inserts. It is ideal for venting furnaces, boilers, water heaters, woodstoves and pellet stoves.

The staff at WNY Fireplace Outlet can answer any questions you may have about this product and provide you with cost estimates. They can help you gain the peace of mind that comes from knowing your home is safer. Call them at 343-1924 or 343-9259.

Trudy the trooper is my pick for Pet of the Week. She was lost, found, almost lost again -- as in soon-to-be euthanasized at an overcrowded shelter -- then found and is living happily ever after.

"Hi, my name is Trudy and I am a border collie/Australian shepherd/mutt mix. I am very smart, calm and affectionate. I love to go for walks and chase squirrels. I also love my squeaky toys. And of course I would never turn down a belly-rub. My dad (Bruce Thaxton of Le Roy) loves me a lot. He tells me that I'm gorgeous. I've got a really good life now, but it wasn't always that way.

I said my name is Trudy. At least that's what my name is now. No one knows my original name. See, my dad adopted me from a local animal shelter. The nice people at that shelter had brought me here all the way from another shelter in Ohio. The people at that shelter had found me wandering with no collar. No one came to look for me either. The shelter in Ohio got filled up and they were about to start putting their dogs to sleep, but I was rescued! Can you imagine someone having to get rid of me? That would be a loss to humanity. Who would follow my dad everywhere he goes?"

The bit about "a loss to humanity" makes me digress from thinking about Pet of the Week. I am reminded of one of my favorite writers, John Donne (1572-1631). He wrote that piece about "for whom the bell tolls," which is not really a poem, rather prose found in "Devotions Upon Emergent Occasions, Meditation 17."

"No man is an island, entire of itself; every man is a piece of the continent, a part of the main. If a clod be washed away by the sea, Europe is the less, as well as if a promontory were, as well as if a manor of thy friend's or of thine own were: any man's death diminishes me, because I am involved in mankind, and therefore never send to know for whom the bell tolls; it tolls for thee."

Now back to gnawing my smoked pig snout.

Bergen Fire has responded to a report of a chimney fire at 5999 W. Sweden Road.

A responder reports that there were flames visible between the stove pipe and wall.

UPDATE: No visible flames from the roof. Interior firefighters are taking the pipe apart. Brockport's ladder truck has been released.

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Alexander Fire is being dispatched to a report of a vehicle crashing into a barn, with a possible roll over, on Sandpit Road.

The exact address is unknown at this time.

UPDATE 4:42 p.m.: No address yet, but the vehicle is upside down in the basement in the barn.