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Law and Order: Batavia man accused of selling drugs to Task Force agent

By Howard B. Owens

Dustin L. Landin, 39, of James Street, Batavia, is charged with two counts of criminal sale of a controlled substance, 5th. Landin is accused of selling a quantity of a controlled substance to an agent of the Local Drug Task Force on two occasions. He was jailed on $2,500 bail.

Antwan Maurice Maye, 35, of 10th Street, Butner, N.C., is charged with criminal possession of a controlled substance, criminal possession of marijuana, criminal use of drug paraphernalia, 2nd, and speeding. Maye was stopped for allegedly speeding on Ellicott Street Road in Pavilion at 2:51 a.m. Tuesday by Deputy James Stack.

Jeanna Marie Hattaway, 31, of West Main Street, Batavia, is charged with petit larceny and criminal possession of a controlled substance. Hattaway allegedly stole $114.09 worth of merchandise from Walmart at 3:01 p.m. on Tuedsay. At the time of her arrest, she was allegedly found in possession of a controlled substance without a prescription.

William Richard Kapelke, 36, of Hutchins Place, Batavia, is charged with trespass and aggravated unlicensed operation, 3rd. Kapelke was arrested following an investigation into a theft at Walmart reported at 3:01 p.m., Tuesday.

Edwin L. Stancliff, 39, of Corfu, is charged with menacing, 2nd, harassment, 2nd, and criminal possession of a weapon, 3rd. Stancliff is accused of menacing a person with a weapon at 10:30 p.m. Tuesday in the Town of Pembroke. The case was investigated by State Police. Stancliff was jailed. No further details released.

Corfu Girl Scout Troop 42025 proudly completes its Bronze Award Project, donates to Roswell Park

By Billie Owens

Submitted photos and information from Julie Beach, leader of Girl Scout Troop 42025, Corfu, and Lyndsey Schneider:
 
Corfu Girl Scout Troop 42025 completed its Bronze Award Project, the highest honor a Junior Girl Scout can achieve. They made fun, colorful "Lily Pads" -- a skateboard-like device -- for use at the base of IV poles at the Roswell Park Cancer Institute's Pediatric Center in Buffalo.
 
These are handmade, custom-made bases that fit securely on the bases of the IV pole, to be used by children undergoing treatments and in a weakened condition; they are able to ride on their IV pole accompanied by an adult.
 
For the "Lily Pad Project," the girls planned, wrote letters, then used multiple power tools to create, design and paint six wooden lily pads and build a rolling cart used to store and transport them.
 
They got the idea after learning on the Today show about a Seattle-area teenager named Nick Konkler who had battled leukemia since age 4. Nick was the first to design and create IV pole platforms after seeing a little girl in Mary Bridge Children’s Hospital struggling to manuever around with her IV pole.
 
According to the Today show, his plan was to use time in his shop class at Auburn Riverside High School to build one for every child at the hospital. But he never got the chance; he died in 2015 at age 17.
 
Once they agreed this was the Bronze Award Project they wanted to pursue, the Girls Scouts of Troop 42025 started the process by writing letters to local lumberyards and home centers, requesting donations to help offset the cost of constructing the lily pads.
 
A prototype lily pad was created and tested on the IV poles at Roswell Park’s Pediatric Center, and after some modifications to the prototype the troop was finally set to begin creating the lily pads.
 
Each girl in the troop had a hand in creating the lily pads from start to finish. They used woodworking tools to cut, router, fill and sand each lily pad and the storage box. It was the first time many of them had a chance to use power tools.
 
With such a large troop it was decided to create a reversible lily pad with a different design on each side, allowing each girl an opportunity to layout the design and paint.
 
Designs include: Captain America/Buffalo Bills, Emoji/Minion, SpongeBob SquarePants /Snoopy, Cupcake/Girl Scout Cookie, Dalmatian/Ladybug, Basketball/Soccer Ball were picked by the girls and traced onto each lily pad and then handpainted.
 
While it took much longer than expected to complete this project -- a year and a half -- and the troop far exceeded the requirements for the Bronze Award, the results were far beyond anyone’s expectations. The girls, now mostly fifth and sixth-graders, did an amazing job working together to create beautiful lily pads for the children at the hospital. 
 
They worked hand-in-hand with Roswell Park staff to ensure all necessary steps were taken to ensure their lily pads would be totally functional and safe for children to ride upon to and from there treatments. 
 
On one side of the cart it says "Please use a Lily pad to ride in style. Made with Love by Girl Scout Troop 42025." The other side of the cart names the troop responsible for this creative feat intended to brighten the day of a sick child, noting it was their Bronze Award Project.
 
The lily pads and rolling storage cart were presented at Roswell Park Cancer Institute yesterday (June 12) by the troop and its leader, Julie Beach.
 
The Girls Scouts from Troop 42025 in Corfu who received the Bronze Award are:
  • Hannah Beach
  • Reagan Schneider
  • Lilly Senko
  • Bryonna Bisig
  • Kylie Monette
  • Paige Bryant
  • Makenzie Rich
  • Elle Peterson
  • Olivia Peterson
  • Ashley Johnson
  • Savannah Meyer
  • Sienna Korytkowski
  • Autumn Korytkowski
  • Dianna Kutter
  • Allie Spaulding
  • Kaydence Butler
  • Madison Chatley

Below is a series of submitted photos showing the progress of their project.

Photos: Kinderfarm dairy days

By Steve Ognibene

For the second year in a row, Reyncrest Farm held Genesee County's annual dairy days and yesterday 630 kindergarten students attended from various surrounding schools in the county. 

As technology changes, family farms adapt differently with land resources. Every two years a different farm gets rotated, said Shelly Stein of the Agricultural Farmland Protection Board for Genesee County. 

Family member Kelly Reynolds said the farm has 15 full-time employees plus six family members, who work with 1,200 milk cows plus 1,100 young stock consisting of calves and heffers around the clock seven days a week on the farm.  

Water main break reported in Corfu at East Main Street and Thompson Drive

By Howard B. Owens

A water main break is reported in Corfu at East Main Street and Thompson Drive.

A responder on scene reports there's water coming up on both sides of the road.

UPDATE: Corfu Chief Brian Schollard says Route 33 is open through the village but houses on both sides of the street, from 56 to 78 are without water for the night. Work crews are on scene repairing the break. Two hydrants are also out of service between Lawrence and Thompson. Repairs are expected to be completed by the morning sometime.

Law and Order: Teen accused of trespass on Washington Avenue

By Howard B. Owens

Brooke L. Brumber, 18, of Washington Avenue, Batavia, is charged with criminal trespass, 2nd. Brumber was arrested on a warrant. She allegedly entered a residence on Washington Avenue at 8:01 p.m. May 3 without permission after being told she was no longer welcome there.

Matthew James Cratsley, 42, of Buell Street, Batavia, is charged with failure to report a change of address and failure to complete verification form. Cratsley allegedly moved and failed to notify the NYS Sex Offender Registry. He is also accused of failing to complete the annual registration form. 

Jonathan Peter Smith, 40, of Little Canada Road, East Bethany, is charged with DWI, driving with a BAC of .08 or greater, moving from lane unsafely, and failure to signal. Smith was stopped at 1:28 a.m. May 13 on Main Street, Batavia, by Sgt. Thomas Sanfratello.

Sammy Lee Domthongmivanh Jr., 29, of Halstead Road, Alexander, is charged with: DWI; driving with a BAC of .18 or greater; failure to keep right; moving from lane unsafely; failure to attach registration sticker to vehicle. Domthongmivanh was stopped at 11:49 p.m. Saturday on Main Road, Pembroke, following a complaint of traffic offenses, by Deputy Eric Meyer.

Riecha B. Morris, 34, of Hawks Nest Circle, Greece, is charged with operating a motor vehicle while impaired by drugs. Morris was stopped at 9:33 a.m. Friday on West Main Street, Batavia, by Officer Kevin DeFelice following a complaint of erratic operation.

David L. Castaneda Trejo, 19, of Byron, is charged with criminal trespass, 2nd, and making a false written statement. Castaneda was arrested on an incident reported at 11:22 a.m. Sunday in the Town of Byron by State Police. No further details released.

Matthew J. Lamkin, 36, of Batavia, is charged with criminal mischief, 4th. Lamkin was arrested in connection with an incident reported at 11 p.m. Sunday in the Town of Batavia by State Police. No further details released.

Alexandria C. Pisarek, 25, of Corfu, is charged with acting in a manner injurious to a child. Pisarek was arrested in connection with an incident reported at 11:50 a.m. May 9 in the Town of Bergen by State Police. No further details released.

Eight Genesee County students earn degrees from Nazareth College in Pittsford

By Billie Owens

Five Nazareth College undergraduate students who are from Genesee County earned their bachelor's degrees at the 91st Annual Commencement ceremony that took place at the Blue Cross Arena in Rochester on May 13.

  • Marissa Colantonio, of Batavia, graduated with a bachelor's degree in History with a minor in Political Science.
  • Savannah Gill, of Le Roy, graduated with a bachelor's degree in Music Education.
  • Hannah Green, of Byron, graduated Cum Laude with a bachelor's degree in Health Sciences with a minor in Psychology.
  • Siena Pullinzi, of Batavia, graduated with a bachelor's degree in Studio Art.
  • Dakota Pursel, of Pavilion, graduated with a bachelor's degree in Biomedical Sciences with a minor in Psychology.

In addition, three Genesee County students earned graduate degrees and were recognized at the May 13 Commencement. They are:

  • Sarah Gray, of Corfu, earned their Master of Science in Music Therapy.
  • Brittni Loewke, of Bergen, earned their Master of Social Work in Social Work.
  • Andrea Raphael, of Batavia, earned their Master of Science in Occupational Therapy.

Nazareth College's academic strengths cross an unusually broad spectrum of 60 majors, including education, health and human services, management, the fine arts, music, theater, math and science, foreign languages, and the liberal arts.

The coeducational, religiously independent, classic campus in Pittsford, a charming suburb of Rochester, N.Y., challenges and supports 2,000 undergrads and 800 graduate students. Nazareth is recognized nationally for its Fulbright global student scholars and commitment to civic engagement. Rigorous programs, an uncommon core, experiential learning, career skills, and a global focus prepare graduates for not just one job, but for their life's work.

All evidence pointed to justified shooting at Log Cabin, DA says after Grand Jury clears deputy

By Howard B. Owens

      Deputy Ryan Young

By the time Deputy Ryan Young arrived at the Log Cabin Restaurant in Indian Falls at 11 p.m. on April 11, he knew a customer had caused a disturbance in the restaurant and that the customer had fired at least two shots from a firearm.

As Young and other deputies arrived in the parking lot that Wednesday night, they heard another shot being fired.

Keith Kent, a 61-year-old logging company owner from Albion, spotted by deputies in the parking lot carrying a handgun, did not respond to verbal commands to drop his weapon.

At a press conference today about the shooting, First Assistant District Attorney Melissa Cianfrini said, "He began to advance in the direction of Deputy Young, raising and ultimately pointing his revolver at Deputy Young. Deputy Young fired several rounds and Mr. Kent was shot."

Kent was hit in his neck and grazed by a bullet across his back. He was pronounced dead at the scene.

Following a month-long investigation by State Police -- that District Attorney Lawrence Friedman characterized as "thorough" -- a Grand Jury reviewed the evidence and returned what is known as a "no bill," which means the Grand Jury found no reason to charge Young with a crime.

Friedman said the Grand Jury ruled the shooting was justified.

While Friedman and Cianfrini are prohibited by law from discussing anything that happened during the Grand Jury hearing, they are free to discuss what the State Police investigation uncovered.

The narrative of events starts with Kent trying to talk with a woman at the bar of the Log Cabin.

"He was talking with the woman at the bar and she was not receptive, I guess you might say, to what he was saying to her," Friedman said. "He was asked to leave her alone and ultimately was asked to leave the bar and was removed from the bar under protest."

After he went outside, either patrons or employees or both continued to observe him as he walked to his truck.

By this time, a person at the Log Cabin had already called 9-1-1 and remained on the phone with an emergency dispatcher providing updates as "the situation quickly escalated," as Cianfrini put it.

Investigators were not able to determine if Kent retrieved a revolver from the truck or if he already had it on him when he left the bar. He was a valid permit holder for the revolver, Cianfrini said.

After reaching his truck, he started to walk back to the bar and fired two shots into the air.

"Patrons at the restaurant and employees went down into a basement and began to arm themselves with materials in the basement while hiding," Cianfrini said. "Mr. Kent did re-enter the restaurant and threats were made."

There is no evidence that Kent fired his revolver while inside the restaurant.

He walked back outside.

"He was given multiple directives by sheriff's deputies to drop his weapon," Cianfrini said. "He did not comply with those directives."

Young was armed with his duty AR-15. As Kent pointed his revolver at Young -- who was 50 to 80 feet away from Kent -- the deputy fired 15 shots, which did not empty his magazine, Cianfrini said.

No other deputies fired their weapons during the incident.

"I believe that the reason why other deputies may not have discharged their firearms was because of the concern that there may have been patrons in the restaurant area," Cianfrini said. "They weren't fully aware where the patrons or employees in the restaurant were, and so under their standing orders, they were not in a position where they could safely discharge their firearms."

The narrative of events was established by witness statements, body camera recordings, 9-1-1 recordings, and the available forensic evidence.

"What I can tell you about the body-worn camera footage is that this incident took place during the night," Cianfrini said. "It was dark. There was limited lighting. There were no body-worn camera recordings that directly caught the incident."

Friedman said, however, the recordings were useful to the investigation, especially the audio portions of the recordings.

Asked if Kent made any statements before being shot, Friedman said he doesn't believe he did.

Friedman expressed confidence that the shooting was justified.

"I would say, in addition, that throughout this very thorough investigation, interviewing of everyone who was there, there was never the slightest hint that would indicate that this was anything other than justified."

Previously:

Fight blocking traffic at Route 5 and West Avenue

By Howard B. Owens

A physical fight is reported at Route 5 and West Avenue, Pembroke, with traffic backed up.

Law enforcement is responding.

UPDATE 2:43 p.m.: The suspect vehicle has fled; westbound toward Route 77. It's an orange Nitro.

UPDATE 2:45 p.m.: The suspect vehicle has been spotted by a trooper.

UPDATE 2:45 p.m.: The vehicle has stopped.

Large pallet fire reported at Ed Arnold Scrap

By Howard B. Owens

A "very large fire, larger than we had before," according to the East Pembroke fire chief, is reported at Edward Arnold Scrap Processors Inc., 2216 Angling Road, Corfu.

East Pembroke fire along with Corfu, Indian Falls, and Town of Batavia are dispatched in a second alarm.

UPDATE(S)(By Billie) 5:54 p.m.: Oakfield Fire Police are requested to shut down traffic at Angling Road and West Avenue.

UPDATE 5:57 p.m.: A reader sent in this photo above of the huge plume of smoke that is visible from Galloway Road.

UPDATE 5:59 p.m.: Per command, all firefighters responding are told this fire is to be fought defensively.

UPDATE 6:09 p.m.: All available manpower from Town of Batavia Fire Department is requested to stand by in quarters.

UPDATE 6:12 p.m.: Tankers are requested to the scene from Elba, Alexander and Alabama.

UPDATE 6:18 p.m.: Mercy medic #1 is asked to stand by in East Pembroke Fire Hall.

UPDATE 6:28 p.m.: All available manpower, including EMS, from Corfu called to stand by in quarters.

UPDATE 6:48 p.m.: Although smoke spewing from the scene is roughly half what it was, firefighters are having some difficulty fighting the blaze. Storage trailers that are stationed along an access road are preventing firefighting apparatus from reaching the north corner of the site.

UPDATE 10:08 p.m.: East Pembroke is back in service.

UPDATE 10:21 p.m.: Fire photos:

Here's another reader-submitted photo, taken from Stannard Road, Alexander.

Report of a fire that isn't a fire, but blowing dirt, in Corfu

By Howard B. Owens

A report of a brush fire in Corfu, off Angling Road, behind Eddy Arnold Scrap, turns out to be black dirt blowing in the wind.

A deputy report said the black dust is blowing all the way to Route 5 and looks like smoke from a fire but it is not.

Possible serious injury accident reported on West Main Street, Corfu

By Billie Owens

A two-car crash is reported at 58 W. Main St. in Corfu and there are possibly serious injuries. Corfu Fire Department and Mercy medics are responding. A first responder on scene says one lane is blocked and one person is still inside one of the vehicles.

UPDATE 5:13 p.m.: Mercy Flight #8 out of Batavia is on ground standby.

UPDATE 5:15 p.m.: Corfu command asks law enforcement to stop traffic at Route 33 and Prospect Street. A second ambulance is en route. Mercy Flight is called to land at the Intermediate School parking lot at 58 Alleghany Road, Corfu. A Corfu fire crew is responding to the school to serve as ground contacts.

UPDATE 5:23 p.m.: The patient inside the vehicle has been extricated and is being put inside the ambulance.

UPDATE 5:25 p.m.: A third ambulance, from Darien, is called to the scene; serious injuries confirmed. "Per Squad One canceling Mercy Flight."

UPDATE 5:28 p.m.: The Corfu fire crew called to the school is rerouted to the scene, which is east of Fieldcrest Drive.

UPDATE 5:31 p.m.: Sheriff's deputies will be shutting down Crittenden Road in Erie County, and Genesee Street at Route 33 and at Route 77 to conduct an investigation.

UPDATE 5:37 p.m.: Crittenden is closed at Genesee Street in Erie County.

UPDATE 5:43 p.m.: Four patients are being transported to ECMC.

UPDATE 5:50 p.m.: Fire Police are also closing traffic at Lake Road, Fargo Road and County Line Road.

UPDATE 6:25 p.m.: A total of three vehicles were involved in this accident, including a pickup truck.

UPDATE 6:53 p.m.: Genesee County Undersheriff Gregory Walker said the preliminary investigation indicates that a gray Hyundai Sonata traveling at a high rate of speed was eastbound on Route 33 when it rear-ended a gray Honda that was also eastbound on 33. The Honda then struck a westbound black pickup truck. The four patients (three drivers and one pickup truck passenger) were all taken to ECMU, three for evaluation of non-life-threatening injuries. The driver of the Honda that was rear-ended has serious injuries, which is why there were road closures and the Crash Management Team was called out to investigate. The Sonata driver is described as a male from North Carolina in his mid-20s. He will be charged; speed and alcohol are believed to be factors in the accident; also marijuana was allegedly found in the Sonata, Walker said.

UPDATE, Thursday, April 19: The seriously injured driver of the 2009 Honda has been identified as James M. Hoskins, of Corfu. The driver of the 2008 Hyundai Sonata which rear-ended the Honda is Jacob J. Szumigala, of Oakfield. The pickup truck was driven by Gerald D. Sanders; Lynn Sanders was the passenger; both occupants of the truck live in Batavia.

Szumigala was allegedly driving under the influence of alcohol and drugs. He's been charged with DWI. Several charges are pending completion of a toxicology report and additional investigation. 

UPDATE 3:08 p.m.: Hoskins is listed in fair condition at ECMC.

Once all the evidence is in, DA will face decision on whether to have Log Cabin shooting case reviewed by grand jury

By Howard B. Owens
      Keith Kent

In the next few weeks, District Attorney Lawrence Friedman will need to make a decision he's never had to make in his more than 36-year career as a prosecutor: whether to send a case involving the police shooting of an armed suspect to a grand jury for review.

Friedman has not yet seen all the evidence in the incident at the Log Cabin Resturant in Indian Falls a week ago and said he won't make a decision about presenting the case to a grand jury until State Police investigators bring the completed case to him.

A week ago, officers were dispatched to the Log Cabin for the report of a disturbance at the restaurant followed by additional reports of shots fired. Upon their arrival on scene, Keith A. Kent, 61, of Albion, reportedly fired another shot. Officers yelled at Kent to drop his weapon. At that time, according to information released so far, Kent turned toward Deputy Ryan Young and may have pointed his handgun at the officer. Young shot and killed Kent.

State Police investigators have witnesses to interview, body camera video to review, ballistics and forensic evidence to examine. If all of that supports the version of events released by law enforcement so far, that would seem to point to a justified shooting.

Even if that is the case, Friedman said, a grand jury could still be asked to review the evidence.

Asked several different ways to try to explain how he will reach a decision on whether to bring in a grand jury on the case, Friedman chose his words very carefully. He wanted to be clear that he hasn't made that decision yet and did not want to say anything that would make it sound like he had made that decision.

"I'm not holding back," Friedman said. "I have not decided which way we go between those options."

He said some District Attorneys in other jurisdictions always send cases such as this to a grand jury. Others make a decision themselves on a case-by-case basis.

"We don’t have a policy of how we handle these cases because there’s never been one, thankfully," Friedman said.

The last time a police officer in Genesee County shot another person in the line of duty was 1977 when Batavia PD Officer Douglas Squires shot and wounded William Timoney during a robbery of a convenience store on Oak Street.

Friedman praised local law enforcement for their professionalism and restraint in not firing their weapons at suspects in recent years even though in several instances it appears such a shooting would have been justifiable. 

One of those involves Deputy Young, who was a Le Roy police officer when dispatched to Selden Road after a report of a man being shot in the head. That was on Dec. 1, 2015. When he arrived on scene an alarm came in for a house fire a few houses down the road. As he pulled up, Kyle Johnson fired a rifle in the direction of Young and a fire chief. Young took cover and provided information about the location of the shooter as other officers arrived. Johnson wandered up and down Selden Road for hours, sometimes pointing his weapon in the general direction of police officers. He was eventually taken into custody with no further shots fired.

At Monday's Public Service Committee meeting, Chairwoman Shelly Stein commended Undersheriff Gregory Walker on the department's handling of the situation at the Log Cabin.

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"On behalf of the whole Legislature, I want to commend you, your department for keeping everyone safe, getting everyone home. It’s really a credit to the department."

Walker said after the meeting that Young remains on a paid leave of absence and it will be up to him to decide when he's ready to return to work. He is being provided support and assistance from the department.  

"He's doing as well as expected under the circumstances," Walker told the county legislators.

Man shot at Indian Falls had history of feeling wronged by authorities but it's unclear if that contributed to incident

By Howard B. Owens

With police sharing few details, it's still not clear what led to a deadly confrontation between a 61-year-old Albion man and a Sheriff's deputy outside of the Log Cabin Restaurant last night.

According to sources, Keith Kent may have gotten into some type of argument after stopping at the restaurant for dinner while on his way home. The argument may have become physical and he may have been hit.

It's unclear what happened next, but a source said employees ushered themselves and customers into the basement once the disturbance started.

According to Undersheriff Gregory Walker, Kent was confronted by officers outside the restaurant at about 11 p.m. after receiving reports of shots fired. Walker said when officers first arrived on scene, Kent fired a shot. It's unknown what if anything he was aiming at. Officers, according to Walker, shouted commands at Kent but he did not obey them. When he turned toward a deputy and appeared to point his handgun at the deputy; the deputy fired at least one round that struck Kent and killed him.

Kent owned a logging business in Albion, Jordan River Logging, on Route 31A. According to news reports going back to the early 2000s, Kent was involved in disputes related to his business.

Orleans Hub reported today that Kent had complained in the past about how authorities handled his cases, including one where he was charged with felonies but a grand jury did not indict him following a hearing.

He was accused of taking far more trees than he was supposed to from a Barre woman. In an agreement, Kent was to take 40 trees but was accused of taking close to 200.

Kent, 61, complained to friends and neighbors, and in letters sent to newspapers, that he was wrongly prosecuted with the charges, hurting his reputation and business.

Kent also said his business was destroyed by the “Rutherford-Cain gang” from Niagara County, who were rival loggers. Kent in an email to the Orleans Hub on June 29, 2017, saying the two from Niagara County caused him “eight years of hell on earth, including vandalisms, thefts, arson and attempts on my life.”

According to a 2007 article in the Buffalo News, David Cain, then 38, was convicted in Federal Court of 17 felony charges, including racketeering, racketeering conspiracy, three extortions, two mail frauds, five arsons, three tamperings with witnesses, conspiracy to tamper with witnesses, and evidence tampering.

His brother, Christopher, and cousin, James Soha, were convicted of five felonies each, including racketeering.

David Cain was eventually sentenced to 55 years in federal prison.

In 2011, Kent sent a letter to several publications, including the Medina Journal-Register, accusing Orleans County District Attorney Joseph Cardone of using incidents stemming from the Cain criminal activity to "create" a crime against him, even though Kent has assisted in the prosecution of Cain.

He wrote:

Although the Grand Jury soundly rejected issuing an indictment for “timber theft,” through highly suspect means, a lesser indictment was obtained against me. Judge Punch swiftly ruled to dismiss all charges, stating, “... the evidence before the Grand Jury was legally insufficient.”

Adding,

What was your true motive, Cardone, had I not just handed you the key witnesses that gave you no alternative but to indict David Cain Jr., who was later sent to federal prison for 55 years? I had essentially rid Western New York of the worst gang of criminals in the last century after enduring a living hell at their hands. Until I brought you the witnesses and gave you no choice, I received no help at all from you. Was my arrest your attempt to destroy my name and all I’ve worked for because I embarrassed you into doing your job?

Kent sued Cardone and lost, with a court ruling that Cardone had "absolute immunity."

For Kent, the dispute seems to have remained unresolved, according to Orleans Hub:

Kent in his email to the Orleans Hub said he was terrorized for eight years while law enforcement did nothing to protect him or his family. He said he was treated “shamefully” by District Attorney Joe Cardone, the U.S. Attorney’s Office and the U.S. Marshals.

The Batavian's news partner 13WHAM was able to conduct a short phone interview with Keith Kent's older brother, Gary, who described Keith as a family man who loved his children. He had a wife, two adult children, and four grandchildren.

Previously:

Man shot by deputy at Log Cabin was looking for a fight according to early reports from the scene

By Howard B. Owens

UPDATE 11:40 a.m.: The name of the man shot is Keith A. Kent, 61, of Albion.

A man who was shot and killed outside the Log Cabin Restaurant late last night was causing a disturbance inside the establishment, according to Undersheriff Gregory Walker, and said at one point, "where are the police?"

The man was challenging people inside the restaurant to a fight, trying to convince them to meet him outside, Walker said.

Deputies were dispatched to the restaurant a little before 11 p.m. for the disturbance and while in route were informed of the reports that shots where fired.

“The officers were given a description of the subject who had the handgun," Walker said during a press conference this morning at the Sheriff's Office on Park Road. "When they arrived in the parking lot they saw a subject who matched the description and also when they arrived there was a shot that was fired as officers arrived on scene.”

Officers shouted numerous commands for the subject to drop the weapon, Walker said.

"He did not comply and the officers had to shoot and did kill the subject," Walker said.

The name of the deceased has not been released yet pending notification of his family.

Walker said the man did turn and point his gun at a deputy.

Walker confirmed that deputies were wearing body cams and body cams were recording at the time of the events. That video footage is still under review.

He couldn't say, with the limited information still available, how many officers -- including state troopers and possibly Batavia PD -- were on scene at the time of the shooting.

While it appears there were shots fired inside and outside the restaurant that hasn't been confirmed yet through the investigation. 

Walker said he could not say yet how many shots were fired, either by the subject or by police.

The type of handgun used by the subject was not released nor was information released about whether it was legally owned, by whom and whether the subject had a permit. 

Since the shooting involves a member of the Sheriff's force, there will be an independent investigation of the shooting.

While the name of the deputy involved hasn't been released, Walker said, “He’s doing OK considering the circumstances. We will be spending a lot more time with him and helping him out to get through this circumstance.”

Major Edward Kennedy, State Police, Troop A, said the investigation will be conducted just like any other investigation -- the forensic evidence will be gathered, evidence reviewed and witnesses interviewed.

“I understand your questions," Kennedy said. "They’re relevant. They are absolutely understandable but they are things we cannot comment on. This is currently an active crime scene. We are in the very early stages of an investigation. This is a tragedy for everyone. That is the best we can give you right now.”

Previously: Man shot and killed after pointing handgun at deputy outside Log Cabin Restaurant

Man shot and killed after pointing handgun at deputy outside Log Cabin Restaurant

By Howard B. Owens

A Sheriff's deputy dispatched to a report of shots fired at the Log Cabin Restaurant at just before 11 p.m. Wednesday shot and killed an armed suspect after the suspect pointed his weapon at the deputy, according to Undersheriff Gregory Walker.

"Officers were responding to the scene (for a report of shots fired) and when they got here they found the suspect in the parking lot," Walker said. "The officers yelled commands to him; when they yelled the commands to him, he turned towards one of our officers and pointed the gun at our officer. Our officer did take the shot and the suspect was killed."

The suspect's weapon was recovered at the scene, Walker said.

Since the shooting involved a Sheriff's deputy, the State Police were asked to lead an independent investigation. Walker said he expects a joint Sheriff's Office and State Police press conference later this morning or early afternoon to discuss the incident in more detail.

At this time, Walker said, investigators do not know why the suspect was firing his gun.

The only person shot was the suspect. He has not yet been identified. Nobody else was injured in the incident.

While details of the incident have not been confirmed yet, it's possible, Walker said, the suspect did fire his weapon both inside and outside the restaurant before law enforcement arrived on scene.

There were customers and staff in the restaurant when the incident started.

The suspect was armed with a handgun, according to Walker, and officers were informed before arriving on scene that there was confirmation of shots being fired at the location.

The name of the deputy involved has not been released.

The Log Cabin Restaurant is located at 1227 Gilmore Road, Indian Falls. At this time, Gilmore Road remains closed between Route 77 and Akron Road.

Neither Walker nor Chief Deputy Jerome Brewster could remember another officer-involved shooting in Genesee County in the past 30, 40, or more years. Brewster said he thinks the last one involved Batavia PD on Oak Street in the 1970s.

(Initial report)

UPDATE: Deputy shoots and kills armed suspect at Log Cabin Restaurant

By Billie Owens

Local law enforcement and county coroners are on scene at the Log Cabin Restaurant in Indian Falls.

A report of shots fired there was dispatched at about 11 p.m.

The road is blocked and no one is being admitted. The location is 1227 Gilmore Road.

As of 11:50 p.m., a county coroner was allowed in and other responding medical personnel were told to leave.

At about 11:58 p.m. a second county coroner arrived.

UPDATE 12:07 a.m.: First District Attorney Melissa Cianfrini just arrived on scene.

UPDATE (By Howard) 1:24 a.m.: Undersheriff Greg Walker has confirmed that a deputy shot and killed an armed suspect after the man turned and pointed his gun at him outside the Log Cabin Restaurant. (Story)

Chimney fire reported on Walker Road in Alexander

By Billie Owens

A chimney fire is reported at 2286 Walker Road, Alexander. The location is between Smithley and Hickox roads.

Alexander, Darien and Corfu fire departments are responding, along with Mercy medic #3.

GCEDC board approves projects for Genesee Lumber and Corfu grocery store

By Howard B. Owens

Press release:

The Genesee County Economic Development Center (GCEDC) approved incentives for two projects that would result in $1.3 million in capital investment, the creation of 10 new jobs and retention of 29 jobs at its March 29th board meeting.

The GCEDC also accepted an application for assistance that would result in a capital investment of approximately $800,000 that would create six new jobs and retain 14 jobs.

Genesee Lumber Company was approved to receive approximately $57,000 in sales and mortgage tax exemptions. The company plans to demolish an existing structure to make way for a new 7,158-square-foot warehouse in the City of Batavia.

The new warehouse will store lumber and other building products to better serve customers in Genesee County and surrounding regions.

Genesee Lumber will make a $300,000 capital investment creating three new jobs and retaining 29 jobs. The project in turn will contribute to the Batavia to Prosperity (B2P) and Reinvestment Fund.

Town Center Plaza LLC was approved for approximately $77,000 in sales, property and mortgage tax exemptions in order to build a new grocery store in the Village of Corfu on a site that was a former grocery store that has been closed for several years. The new 20,000-square-foot facility is a $1 million investment that will create seven new jobs.

While the grocery store is a retail project, it qualified for financial incentives because the store will be located adjacent to a highly distressed census tract. Both the Village of Corfu and Town of Pembroke passed resolutions supporting the project.

The GCEDC board also voted to accept an application from Xylem (formerly Godwin Pumps). The company is proposing to expand its existing facility of 18,282 to 26,382 square feet. The expansion would result in a capital investment of approximately $800,000.

Total incentives being sought are approximately $100,000 and as such would require a public hearing. Xylem is planning to consolidate Rochester operations into Batavia as well. It is estimated that for every one dollar of public benefit, that Xylem will invest $63.80 into the local economy.

“These projects are the foundation for our local economy and just some of the many local business success stories across Genesee County,” said Chris Suozzi, vice president of Business Development, GCEDC.

Corfu student on college team that took second place at Northeast Cyber Defense Competition

By Billie Owens

Kyle Carretto, of Corfu, is in the back row, third from the right.

Submitted photo and press release:

A team of Rochester Institute of Technology students, including Kyle Carretto, of Corfu, took second place at the annual Northeast Collegiate Cyber Defense Competition held March 16-18 in New Hampshire.

University at Buffalo took first at the 2018 regional competition. RIT placed second and Northeastern University placed third.

The annual event is part of the nation's largest college-level cyber defense competition, an extracurricular event that helps to train the next generation of cybersecurity experts. The competition gives student teams the opportunity to assume responsibility for the information technology operations of a simulated organization, allowing them to apply cyber defense skills in a real-world scenario.

For the competition, a group of industry professionals from government and companies-called the red team-is assigned to break into computer networks to exploit information from a mock company. Teams of students are "hired" by the company to prevent that information theft from occurring.

In this year's scenario, teams were brought into a fictitious security company called "Wild Eagle" and were expected to secure the network after members of their previous team left the company. Students had the opportunity to test their skills securing and defending widely deployed technologies, including Windows and Linux servers and workstations, next-generation firewalls, and cloud services.

Teams were scored on their ability to detect and respond to outside threats, maintain existing services, respond to business requests such as the addition or removal of services and balance security needs with business needs.

Rochester Institute of Technology is home to leading creators, entrepreneurs, innovators and researchers. Founded in 1829, RIT enrolls about 19,000 students in more than 200 career-oriented and professional programs, making it among the largest private universities in the U.S.

The university is internationally recognized and ranked for academic leadership in business, computing, engineering, imaging science, liberal arts, sustainability, and fine and applied arts. RIT also offers unparalleled support services for deaf and hard-of-hearing students. The cooperative education program is one of the oldest and largest in the nation. Global partnerships include campuses in China, Croatia, Dubai and Kosovo.

Law and Order: Batavia man accused of fleeing police, resisting arrest

By Howard B. Owens

David T. Neauaus, 31, of Fisher Park, of Batavia, was arrested on a warrant for alleged obstruction of governmental administration, 2nd, resisting arrest, endangering the welfare of a child, and criminal trespass. He was jailed on $5,000 bail. He was also arrested on charges of assault, 3rd, and unlawful fleeing a police officer in a motor vehicle. The alleged incidents occurred March 10. Bail on these charges was set at $10,000.

Rebecca V. Flanagan, 41, of Sliker Hill Road, Conesus, is charged with DWI, driving with a BAC of .08 or greater, and moving from lane unsafely. Flanagan was stopped at 4:48 p.m. Wednesday on Ellicott Street, Batavia, by Officer Cowen Mitchell.

Elliot Lee Lyons, 27, of State Street, Batavia, is charged with criminal mischief. Lyons was charged after surveillance video revealed he allegedly damaged a wall inside a residential facility on State Street.

Paula G. Pierce, 26, of Lewis Place, Batavia, was arrested on a warrant for alleged failure to comply with a court-ordered program as part of a previous sentence on a criminal conviction. Pierce was released on her own recognizance.

Katty L. Jackson, 22, of Summer Street, Buffalo, is charged with criminal contempt, 2nd. Jackson was arrested after police were dispatched to Central Avenue, Batavia, at 8:21 p.m. Tuesday to investigate an incident and located Jackson, who was allegedly violating an order of protection.

Johnny Dinh, 40, of Clinton Street, Batavia, is charged with forcible touching. Dinh is accused of touching another person inappropriately without consent or invitation at a location on Clinton Street Road, Batavia, on Feb. 28.

Brett Nelson Magoffin, 42, of Genesee Street, Corfu, is charged with felony DWI, felony driving with a BAC of .18 or greater, and moving from lane unsafely. Magoffin was arrested following an investigation at 11:16 p.m. Thursday into a physical altercation at a location on Simonds Road, Darien, by Deputy Andrew Mullen and Deputy Ryan Young.

Jonathan Christopher Elleman, 26, of Exchange Street, Attica, is charged with DWI, driving with a BAC of .08 or greater, and driver's view obstructed. At 2:40 a.m., dispatchers received a report of an erratic driver in the Town of Darien. Deputies Ryan Young and Eric Meyer responded and located a vehicle matching the description of the one reported by a caller parked on the side of Sharrick Road. Upon further investigation, Elleman was charged.

Lou Ann Lindsley, 62, of Medina, is charged with DWI and refusal to take breath test. Lindsley was stopped at 8:50 p.m. Sunday on Route 77, Alabama, by State Police.

Jacob J. Szumigala, 24, of Oakfield, is charged with DWI and driving with a BAC of .08 or greater. Szumigala was stopped at 2:52 a.m. Sunday on Lockport Road, Alabama, by State Police.

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