A motor-vehicle accident with injuries and blocking traffic is reported in Darien at 1632 Broadway Road (Route 20), east of Route 77. It's in front of Triple-C Truck and Gas Corp. Darien fire and ambulance are responding.
UPDATE 2:17 p.m. (by Howard): Traffic is tied up, reduced to one lane of travel, and so the tow truck is having a difficult time getting to the scene.
Numerous letters, phone calls, social media postings and comments on The Batavian concerning the possibility of Batavia City Council drafting a letter opposing New York State’s new abortion law have led Batavia City Council President Eugene Jankowski to request that the board move a bit quicker than usual to deal with the issue.
“I’ve received an overwhelming amount of feedback about this with many people concerned that we took a knee-jerk reaction to the speaker’s views,” Jankowski said today. “I think it is best that we address it at our next Business meeting on February 11th to let people calm down and have their say.”
The state’s Reproductive Health Act (Senate bill no. S2796), which was passed last week, became a topic of discussion at Monday’s City Council meeting when city resident Chris Connelly, buoyed by his religious beliefs, requested that the board take action against what he termed as an expansion of “America’s holocaust.”
Language of the bill is as follows:
“An act to amend the public health law, in relation to enacting the reproductive health act and revising existing provisions of law regarding abortion; to amend the penal law, the criminal procedure law, the county law and the judiciary law, in relation to abortion; to repeal certain provisions of the public health law relating to abortion; to repeal certain provisions of the education law relating to the sale of contraceptives; and to repeal certain provisions of the penal law relating to abortion.”
The law continues access to abortions and, by removing abortions from the state’s criminal code, it protects doctors or certified medical professionals who perform abortions from criminal prosecution.
It also permits medical professionals who are not doctors to perform abortions in New York, and stipulates that abortions can be performed after 24 weeks if the fetus is not viable or when necessary to protect the life of the mother.
Connelly’s comments prompted Council member Rose Mary Christian to call for something along the lines of Batavia becoming a “sanctuary city” for the unborn. Following discussion with Jankowski and City Manager Martin Moore, her idea was steered toward the drafting of a letter from City Council in opposition of the law to be sent to Gov. Andrew Cuomo.
Moore and Jankowski both agreed that they would give it some time to consider public feedback to ensure that the wording was proper, with an eye on discussing it again at Council’s next Conference meeting on Feb. 25.
Since then, however, Jankowski said he has seen the feedback and talked to many people, and he feels that it is best to address it sooner.
Jankowski also is of the mindset that it isn’t a priority of the local governing body.
“The majority of the public thinks that we are overstepping our boundaries,” he said. “My recommendation will be to listen to the feedback, stay out of national and state debates and stick with local issues.”
Jankowski posted a long response to many comments from readers of The Batavian following its coverage of Monday’s meeting. He said he has forwarded that to his colleagues on City Council.
An excerpt of his post contends that a letter from City Council – either for or against the law – wouldn’t reflect the wishes of the entire community:
“I personally believe that City Council writing a letter of either approval or disapproval of the abortion law changes at this time will alienate half of the community on either side and it wouldn't represent a clear direction or a consensus.
“Therefore, my intentions are to revisit the letter request under old business at the next available council meeting which is the February 11th Business meeting. I will recommend Council withdraw the request to write a letter to the Governor and suggest Council stay focused on local issues. Council as a group will then be able to make a final decision on how to proceed.”
When asked whether he would reprimand Christian for disparaging comments she made about Gov. Cuomo (as was suggested in a particular comment on The Batavian), Jankowski said in his role as the “ceremonial head” of City Council, he doesn’t have that authority.
“That’s on her,” he said. “I’m not taking responsibility to babysit her. She’s an adult and can take care of herself. But I don’t agree with any name calling and I have spoken out against that in the past.”
Press release:
The following information includes the changes to the political calendar that will affect candidates who wish to run for public office beginning this year. It also gives a summary of early voting. It is the Board of Elections' objective to give as much information to Genesee County residents so that implementing the new election laws will be as transparent and as seamless as possible.
- Primary Election -- The primary election has been changed from mid-September to June 25, 2019. Going forward, the unified Primary date will now fall on the 4th Tuesday in June unless otherwise changed by the state legislature.
- Petitions and Ballot Access -- The first day for signing designating petitions for public office is now Feb. 26, 2019, and the dates for filing petitions is April 1 – 4. These petition dates apply for the following designated Party lines based on the last Gubernatorial race; Democratic Party, Republican Party, Conservative Party, Working Families Party, Green Party, Libertarian Party, Independence Party and SAM Party.
- Caucus Ballot Access -- For political Parties who are designated as a "caucus town" their nominating process will follow these dates -- the first day to hold a town caucus is Feb. 26 and the last to file certificates of nominations is July 25th.
- Independent Petitions -- First day for signing Independent petitions is April 16, 2019. Dates for filing Independent petitions is May 21- 28.
- Early Voting -- Early voting will be applicable for this year’s general election (Nov. 5, 2019) but not the primary election on June 25, 2019. In subsequent years early voting will be applicable for the primary election. The new law states that each county will provide, beginning on the 10th day prior to the general election and ending on and including the second day prior to the election, early voting at a polling location(s) to be determined by the County Board of Elections. This will include 9 days of early voting, five 8-hour weekdays which will include twoevening hours, and two 5-hour weekends ending the Sunday prior to the election. When these polling locations are determined they will be publicized in local media and on our website.
An ambulance is requested to a motor-vehicle accident at 3525 Batavia Oakfield Townline Road, Oakfield, for the evaluation of a child involved in the accident.
Oakfield fire is on scene.
UPDATED at 2:26 p.m. -- in bold
So far much of Genesee County has avoided the winter storm pushing through Western New York but snowfall and wind started to intensify in the western part of the county within the past 10 minutes.
County Highway Superintendent Tim Hens said it was pretty quiet in the county overnight even though Akron in Erie County got 12 to 15 inches of snow.
"I think the amount of ice on Lake Erie is limiting the reach of the snow," Hens said.
Sheriff William Sheron said a travel ban is now in effect and he is monitoring the forecasts.
The travel ban states that emergency personnel are responding to numerous personal injury accidents and vehicles off the road, so in the interest of public safety, there is to be NO UNNECESSARY TRAVEL.
The wind pattern may have shifted a bit from what forecasters expected as well.
"That's all it takes around here is a little twist in the wind and it goes somewhere else," Hens said.
With the snow band shifting south and Darien, Pembroke, and Alabama seeing increased snowfall now, the southern half of the county could see more snow today. Batavia, Hens said, is still forecasted to receive 6 to 8 inches of snow.
Hens said you can pretty much divide the county into four quadrants when it comes to snowfall. If the storm is blowing in off of Lake Erie, everything west of Route 98 and south of the Thruway gets hit. If the storm comes in from Lake Ontario, there's more snow east of 98 and north of the Thruway.
Hens said he isn't expecting much snow in Bergen and Le Roy today.
"Unless the moisture level picks up and the band expands we may not see much snow," Hens said, adding, "I've been in Buffalo for 47 years off and on and it (snow patterns) still fascinates me."
A former Batavia resident who admitted he lied to police about finding a starving puppy with ulcerated lesions on its paws pled guilty in City Court this afternoon to two misdemeanor counts, one for lying to police and the other for torturing an animal.
Brandon Welch, who is in his mid-20s and now resides in Long Island, appeared before Judge Robert Balbick with his private attorney Frank Ciardi.
Following a brief meeting outside the courtroom between Balbick, Ciardi and First Assistant District Attorney Melissa Cianfrini, Welch agreed to accept the plea deal offered by the people.
Dressed as he was in the previous court appearance -- in dark slacks and a blue dress shirt -- Welch pled guilty to two Class A misdemeanors: falsely reporting an incident in the third degree (for claiming he found the starving puppy, when he actually had harbored the animal at his apartment on East Main Street for months); and torturing/injuring/not feeding an animal -- a violation of NYS Agriculture & Markets law, Article 26.
Another misdemeanor charge for owning/harboring an unlicensed dog was dismissed.
A felony charge for making a terroristic threat, for allegedly saying he would shoot the next police officer who showed up at his home, will be dismissed at Welch's sentencing in April. The DA's office found it problematic to get the two witnesses who allegedly heard the threat to travel to Genesee County for testimony, so the charge cannot be sustained.
Before accepting the plea deal, Welch made factual admissions to Cianfrini.
She asked Welch if on Oct. 4 he told Batavia police that he found a fawn and white colored pit bull near Route 33 and Seven Springs Road in Batavia when in fact he had harbored the animal at his home for several months. Welch replied yes.
Cianfrini asked if he failed to provide sustenance and medical aid for the puppy who was emaciated -- it was several months old and weighed only 9.2 pounds, had ulcerated paws, and was covered in feces and soaked with urine; Welch said yes.
Sentencing is set for 1:30 p.m. on Tuesday, April 23. The Long Island Probation Department will conduct a presentencing evaluation for the judge in the interim.
A stay away order of protection from Welch was issued for two people.
Balbick said there's a range of sentencing options for him to consider in April. The defendant could serve up to a year in jail, either straight time or intermittant time; have conditional or unconditional discharge upon release; and be fined up to $1,000 for each of the two misdemeanor counts.
In addition, Cianfrini asked to reserve the right to seek reimbursement for a tab of $4,593.38 that the county accrued to house and provide medical care for "Opal" until she was well enough to be adopted (and she was), and to house and care for two other dogs Welch relinquished when he was arrested. The judge agreed to her request.
After signing paperwork and shaking hands with his attorney, Welch seemed to leave the courtroom in decidedly better spirits, smiling broadly and energetically walking out to his vehicle.
Send your closings to howard@thebatavian.com
Press release:
In anticipation of the impending major snow/wind storm, the Genesee County Sheriff’s Office, in conjunction with the Genesee County Highway Department and Emergency Management Services, has issued a travel advisory for all of Genesee County.
Motorists are encouraged to avoid all unnecessary travel due to the expected significant accumulation of snow combined with strong winds and sub-zero wind chill temperatures.
These conditions will undoubtedly create white-out conditions and extremely dangerous travel for all motorists.
This Advisory is in effect from today from 3 p.m. (Jan. 29) until further notice.
Sheriff William Sheron reminds motorists that dark traffic signals that are not working are to be treated as a four-way stop.
The National Weather Service has revised its snowfall projections for the anticipated winter storm hitting Western New York this afternoon and expected to linger in the area until Thursday morning.
The weather service is calling for 8 to 15 inches of snow in some areas and winds as high as 40 mph with wind chills dropping to 30 below.
A winter storm warning is in effect.
The forecasters at 13WHAM are predicting 6 to 10 inches of snow for Genesee County with Batavia's wind chill dipping to 36 degrees below zero.
The highest levels of snowfall in the county are expected to be west of Batavia.
The winter storm warning is in effect until 7 a.m., Thursday, with a wind chill warning in effect from 6 a.m. tomorrow through 6 p.m., Thursday.
The weather service cautions that travel during the worst of the storm could be impossible and that during the wind chill period frostbite is possible to exposed skin in less than 30 minutes.
Pets should be kept indoors to reduce their exposure to weather conditions.
Press release:
With the arrival of significant winter weather the past few weeks and next several days, the City of Batavia Department of Public Works would like to ask for the public’s cooperation as we all try and navigate these storms.
Private plowing contractors should be aware that plowing snow into the street or onto the sidewalk is not allowed and creates dangerous conditions for motorists and pedestrians.
Property owners are ultimately responsible for clearing sidewalks adjacent to their property. The City supplements sidewalk plowing as crews become available and as need dictates, however, this can only be completed after streets and municipal parking lots are plowed. School routes and main road sidewalks are then given priority.
We appreciate everyone’s efforts managing these snow events.
Press release:
The New York State Police is advising motorist to avoid any unnecessary driving during the winter storm that is forecast to bring a significant amount of snow and -25 degrees below zero temperatures across the Western New York Wednesday into Thursday evening.
Troopers will be out checking all major routes of travel to ensure that motorists are as safe as possible and working with local Emergency Operations Centers as needed. The State Police need your assistance to make this possible.Motorists traveling in areas impacted by the snow are asked to leave with extra time to make a slow and careful drive to your destination. Take into consideration snow accumulation on the roads, the current snowfall rate, the wind, and visibility. Use your best judgment to determine if driving is prudent.
Keep the following tips in mind:
- Get the latest weather forecast before leaving with your local weather apps, monitor radio or TV stations.
- Always clean your windows and mirrors FULLY of any snow and ice before driving.
- Keep a full tank of gas.
- Fluid levels are sufficient ( windshield washer fluid, anti-freeze).
- Spare tire is sufficient and you have the jack and wheel wrench.
- Use headlights at all times to increase your visibility to others. Remember, if your windshield wipers are in use due to weather, then your headlights must be on.
- Drive prudently. If the conditions are adverse, you should decrease your speed accordingly.
- Brake early.
- Do NOT use cruise control. This decreases your reaction time to apply braking.
- Look out for events farther down the road. Creating more time to react can make a difference.
- Be aware of maintenance vehicles and emergency vehicles. Give them room to work.
- If you do not absolutely have to go out on the roads, then don’t.
If you do go out, is your vehicle prepared?
- Is your trunk supplied to help you to be safe in case you are stopped or stranded in an area without assistance readily available?
- Gloves, blankets, warmers, tool kit, first-aid kit, nonperishable foods, water, working flashlight and batteries, cell phone charger, etc.
- Shovel, ice scraper, de-icer, snow brush, rock salt or cat litter, tow chain or cable, jumper cables or battery charger, etc.
If you are involved in a collision or leave the roadway:
If you drive off the roadway and are stuck in a snow bank or ditch, stay in your vehicle and call 9-1-1. DO NOT exit your vehicle unless it is an absolute emergency. You put yourself at risk of being struck by another vehicle.
Roll your windows down a few inches or turn your vehicle off if you are stranded in snow for a period of time with your vehicle running. Covered mufflers can cause serious physical injury or death due to inhalation of carbon monoxide.
If you should become stranded on the Thruway or any roadway, know your location by being aware of your direction and mile post marker. This will help emergency personnel reach your location as quick as possible.
Follow the New York State Police's Twitter page @nyspolice for up-to-the-minute information on road closures and weather alerts.
The Thruway Authority provides a wide variety of information for travelers including current traffic conditions, accidents, and lane closures. Visit www.thruway.ny.gov for more information.
Slow down. Be prepared. Be safe.
A series of pointed questions focusing on the City’s mutual aid procedures and costs prompted a brief explanation and defense of the cooperative arrangement among Genesee County emergency responders at Monday night’s City Council meeting.
“How many times does our fire department leave the City for mutual aid? How many times do they call in for overtime? Is there any way to get overtime recouped from the municipality we are helping out? How much is it costing us?”
Those were the questions posed by City resident John Roach during the public comments segment of the meeting at City Hall. Council President Eugene Jankowski and Fire Chief Stefano Napolitano were ready to answer.
“We receive a lot more than we give,” Jankowski said, referring to the numerous times that volunteer crews from town fire departments have to assist in the City.
Jankowski said the town fire companies bring in a lot of apparatus and manpower, and do not charge the City for these services.
Napolitano pointed out that mutual aid is just that – a “reciprocal agreement.”
“If we start to charge agencies, we are the recipient of that reciprocal aid when we need that,” he said.
The chief said the perception that they have to call people in to “backfill the station” every time that City fire crews (or Mercy EMS) go out on a call is not accurate.
“Depending on what the staffing model is for the day, we send four people out with an engine, usually on a FAST team. If staffing is at maximum staffing, sometimes we’ll only have to call in one or two people. At times we don’t have to call anybody in,” he said.
In closing, Napolitano said it would be a mistake for fire departments to start mailing out invoices back and forth.
“I can’t give you the specifics as to the number of times we have to bring people in,” he said. “The benefit we derive when we have a major conflagration happening is invaluable. Those fire departments incur the same cost per unit mile that we incur on the back side, except we have paid staffing.”
“To start muddying the waters ...it would be, in my opinion, not a good idea to try to charge, number one; and number 2, you can’t charge. It’s a mutual aid agreement of manpower and equipment.”
A mother and her adult son lost their home at 6123 Cook Road, Byron, on Monday after a fire erupted inside the residence at 7:10 p.m.
The cause of the fire is under investigation.
Byron and South Byron responded to the fire with mutual aid from Bergen, Stafford, Elba, and departments in Orleans and Monroe counties. The City's Fast Team also responded.
Byron Chief Robert Mruczek said the house was fully involved when he arrived on scene and he immediately called for a second alarm.
The firefighting effort was hampered by the cold and the wind. With slick roads and fire hydrants buried in snow, it was difficult to get water to the scene, Mruczek said. A metal roof also prevented firefighters from opening vents.
"We were trying to go to the inside to knock it down as fast as we possibly could," Mruczek said. "That was hampered due to the weather conditions for our water supply, so we started to attack from the outside and then the wind kicked up. The wind did not help us."
The weather conditions made it tough on the volunteers who responded to the fire, Mruczek. A school bus was set up to provide a rehab station. Firefighters are rotated from fighting the fire to rehab about every 20 or 30 minutes so they stay fresh, stay hydrated, and don't risk hypothermia.
"They work hard," Mruczek said. "You know, they do their thing. They're on the hose line. They're trying to get into the building and you've got to keep on rotating in and out because it's tiresome in the cold. You freeze up, the water freezes on you and you've got to exchange."
Both mother and son escaped the house and were physically unharmed. They are being cared for by the Salvation Army. They had no pets.
"It's unfortunate," Mruczek said. "It's sad. With the winter weather, these things happen and you try to do the best you can and you hope for the best. Fortunately, nobody got hurt. That's the good thing. Everybody's OK."
The fire at 6123 Cook Road in Byron, which was first reported shortly after 7 o'clock last night, has rekindled. Byron and South Byron fire departments are responding.
"It's going fairly good," says a first responder at the scene.
UPDATE 5:48 a.m.: A pumper and a tanker from Elba are called to provide mutual aid.
“Abortion is murder and it has become America’s holocaust … 60 million children,” said Connelly, a former Marine now confined to a wheelchair due to an ATV accident a few years back.
Connelly, who spoke during the public comment portion of the Conference Meeting at City Hall, said he had no political agenda -- “I’m not here as a Democrat or Republican, but as a man made in the image of God.”
He contended that City Council has the power to shut down Planned Parenthood and to make “Batavia a sanctuary for the unborn.”
“If we choose to neglect our responsibility, I truly fear for our nation,” he said, quoting from Isaiah 1:16-20, a passage from the Bible that warns against evil deeds and implores people to follow a path of righteousness.
Last Tuesday, Gov. Andrew Cuomo signed into law New York’s Reproductive Health Act, a far-reaching statute that removes abortion from the state’s criminal code and allows medical professionals who aren’t doctors to perform abortions.
Furthermore, the law permits abortions to be performed after 24 weeks if the fetus is not viable or if the health of the mother is at risk.
Cuomo came under fire from Roman Catholic clergy with some calling for the governor, a former altar boy, to be excommunicated from the faith.
Council member Rose Mary Christian applauded Connelly’s stance and urged the board to do something.
“Is there anything we can do to stop this atrocious thing in our city?” she asked, after bringing up the idea of a sanctuary city. “It’s the same thing (as fighting against illegal immigration) I’d like to have done for the right to life of our babies.”
After a brief discussion, Council President Eugene Jankowski, with consensus from his colleagues, directed City Manager Martin Moore to write a letter stating their opposition to this law and for it to be placed on next month’s agenda. Moore said he would wait for feedback from the public before drafting the letter.
Christian then made her feelings perfectly clear.
“He’s (Cuomo) a murderer period,” she said. “I don’t care how you slice it or dice it. He’s a murderer … period.”
In other developments, Council moved the following items to its Feb. 11 Business Meeting:
-- Scheduling of a pair of public hearings for 7 p.m. Feb. 25 that deal with the city manager’s proposed $27,494,132 budget for 2019-20 and the establishment of water rates, meter fees and capital improvement fees.
Moore’s budget calls for $5,251,607 to be raised by taxes, resulting in a tax rate of $8.96 per thousand of assessed valuation – the same as last year’s rate. That means that a house assessed for $70,000 would incur a tax bill of $627.20.
Water rates and meter fees are projected to increase by 3.5 percent while capital improvement fees are earmarked for a 10-percent hike.
-- Acceptance of “back pay” from New York State along with an annual increase in payments from the state in connection with an arterial maintenance agreement that will extend through 2049.
This supplemental agreement stems from the discovery that the City was underpaid for work it did to maintain state highways (routes 5, 33, 63 and 98) dating back to June 1994 and is not being reimbursed enough to cover its costs going forward.
As a result, the City will receive a one-time payment from the state for $218,539.88 to take care of the underpayments and now will be paid $183,017.40 annually, an increase of $6,500.
-- Authorization of two bonds to finance installation and construction of sidewalk and traffic signal improvements on State Street, Centennial Park, Washington Avenue, Bank Street and Richmond Avenue (pathways to schools), and to make water system and drainage improvements along South Main Street, Brooklyn Avenue and Union Street.
Costs of the sidewalk project are estimated at $1.1 million with 75 percent being paid through federal funding and the cost of the water system project is set at $913,000, which has been budgeted.
Afterward, during a Special Business Meeting, Council passed a pair of resolutions – one that accepts a $17,981 grant from the Genesee County STOP-DWI program for specialized patrols, training and equipment to combat impaired driving, and the other that executes a Community Development Block Grant of $50,000 for a feasibility study to evaluate the possible addition of a second ice rink at the Falleti Ice Arena on Evans Street.
A $5,000 local match was required for the CDBG, with funds provided by Batavians Paul Viele, Matt Gray, Steve Pies and Stephanie Call. Viele, a City Council member, recused himself during the vote.
City Council recognized Karen Benedict, left, for her nearly 20 years of service as records clerk for the Batavia City Police Department. City Council Member Patti Pacino, right, read a proclamation in Benedict's honor, and Benedict followed by praising the City's police officers for their dedication and professionalism. Photos by Mike Pettinella.
Photo of Maya at the shelter July 20, before her health returned and she was adopted.
A tearful, remorseful Becky L. Frens pled guilty this afternoon in Town of Batavia Court to one count of overdriving, torturing and injuring an animal and failure to provide proper sustenance in the case of her Labrador retriever mixed breed named Maya.
Under the state Agriculture & Markets law, Article 26, Section 353, the charge is a Class A misdemeanor. The maximum punishment is jail time of more than 15 days but not more than one year, and a fine of up to $1,000. As part of a plea agreement, Frens will serve no jail time nor pay any fine whatsoever.
She will pay restitution and, under supervision by Genesee Justice, volunteer 100 hours of community service work in the next 10 months, "obviously not at the animal shelter," said Batavia Town Court Judge Michael Cleveland.
A total of $116.84 in restitution must be paid to the nurse whose family adopted Maya, and $423.17 must be paid to the Volunteers For Animals to reimburse them for Maya's medical expenses while she was at the Genesee County shelter and in foster care awaiting a forever home.
Alba explained today that Frens took the dog into her home at 3475 Pearl Street Road in the Town of Batavia, even though it was not in good health, because it was her mother's pet and her mother was gravely ill.
First Assistant District Attorney Melissa Cianfrini said when Frens found herself in that situation, she realizes now that she made "honest mistakes" and "bad decisions."
"It's still your responsibility to take care of an animal once you assume responsibility for it," Cianfrini said.
When the dog was brought to the shelter by an animal control officer after neighbors called for help, a trooper happened to be there, Cianfrini said. The trooper was so alarmed at the animal's condition, that he went to Frens' home to see what the circumstances were and found other pets there who were healthy.
Doing too little, too late
Receipts for over-the-counter shampoos and treatments showed that some effort was made to help the ailing dog. But Cianfrini said Frens did not act as quickly as she should have and the dog's condition continued to deteriorate.
Maya was subsequently diagnosed with multiple skin infections, mange, double ear infections that left her only able to hear a dog whistle, and her uncut nails were so long they cut into the pads of her feet and hobbled her movement.
Cianfrini said the plea agreement "doesn't put everything back" as it should be.
"Maya is a beautiful dog and she's still on the mend," she said, at which point she praised the "great work" by many who made that mending possible: State Police Troop A -- Batavia Barracks; State Street Animal Hospital staff, particulary veterinarians Fran Woodworth and Gwendolyn Wollney; Animal Control Officer Ann Marie Brade; and the tireless Volunteers For Animals, who ferried Maya to and from the vet, walked her, fed her, loved her, comforted and aided her.
Attorney Alba offered no excuses for his client, other than to say when Frens had tried to call shelters to relinquish ownership of Maya, she was always told there was no space.
"She never intended to harm Maya," Alba said. "She never intended to do anything malicious. She's extremely remorseful."
When asked if she had anything to say on her own behalf, a shaky Frens, who wore gray suede ankle boots, black cargo pants and a blue-and-black diamond-print knit top, used boths hands to steady herself at the table in front of the judge.
"I feel so bad this happened," she said softly, crying and sniffling as she spoke. "I tried to take care of my mom. I should have taken (Maya) to the vet, but I didn't have the means at the time."
In accepting the plea deal offered by the DA's office, Judge Cleveland said both sides met in conference last month and this month, and he feels the plea deal they came up with is fair.
Cleveland said in cases like this emotions can overshadow the facts at first, but as the "wheels of justice grind slowly" the facts of the case come to the forefront.
Judge: justice has been served
"The purpose (of the plea) is not to please everybody," the judge said. "It's to do justice. With restitution, people were compensated. I'm glad to hear Maya is doing well. Justice has been served in my opinion.
"(The defendant) has pled guilty to the charge and accepted responsibility; she has not tried to get out of it. The public interest will not be served in any way by jail time."
Cleveland went on to emphasize that volunteering hours for community service is not punishment, nor is it intended to be; it is meant to serve the community -- just like scouting or 4-H.
"If all we do is take from the community, pretty soon there'll be nothing left to take," Cleveland said.
Meanwhile, Frens, who is in her mid-50s, has 30 days to file a written appeal of the adjudication.
Outcome: better than it used to be
For the Volunteers For Animals, the outcome, while perhaps not ideal, is more or less deemed "the best they could hope for."
Time was not long ago, according to some, that animal neglect cases like this never even made it to court.
Brenda Cromwell, who has volunteered at the shelter since 2001, said after court today that the first case she recalls that sparked comparable outrage was 10 years ago in Le Roy when Stanley the beagle was found dead and people wrote letters and got angry about his treatment.
"This is an improvement over how things were," Cromwell said. "It's probably the best that we can expect."
Still, Cromwell is saddened by Maya's case, which came to light on July 10 when the dog somehow managed to get out of the house and make its way down the long gravel driveway. There it was found by neighbors across the street, who said they were shocked and appalled at the dog's emaciated condition; they called dispatch to report their pathetic discovery.
"She was so beaten down, so broken, when she came to us," Cromwell said. "She was happy for any attention at all; she was so neglected. I think (Frens) gave up. That dog was totally neglected."
(Photo below of Maya taken on July 20, which is 10 days after she was first brought to the shelter. With her nails trimmed, she could manage to walk better.)
Links to previous coverage:
Batavia woman arrested by Troopers at shelter when she tried to reclaim her neglected dog
Case of neglected lab 'Maya' delayed again so former dog owner can gather 'more documentation'
Case of Pearl Street Road woman accused of neglecting dog delayed until January
A house fire is reported at 6123 Cook Road, Byron.
It is apparently a chimney fire.
Byron and South Byron dispatched. Bergen also dispatched.
UPDATE 7:16 p.m.: Flames showing. Second alarm requested.
UPDATE(S) (By Billie) 7:19 p.m.: It has gone to a second alarm. Stafford is asked to send one engine and one tanker to the scene; the city's Fast Team is called to respond and its fourth platoon is to report to headquarters.
UPDATE 7:35 p.m.: Byron and South Byron auxiliaries are requested to the scene.
UPDATE 8:15 p.m.: Bethany Fire Department is called to stand by in quarters.
UPDATE 11:31 p.m. (by Howard): All units back in service.
A two-car accident, with one car striking a utility pole, is reported at Transit Road and North Byron Road, Byron.
Power is reportedly out in the area.
No injuries are reported.
Byron and South Byron fire departments dispatched.
UPDATE 6:45 p.m.: Elba fire police requested to assist with traffic.
Batavia Oakfield Townline Road is being closed due to an accident that is blocking the roadway in both directions.
There are no injuries reported.
Oakfield Fire on scene.
A 38-year-old Ellicott Street resident has been indicted by a Genesee County Grand Jury on 10 criminal counts related to accusations that he forced a person less than 17 years old to engage in sexual activity.
The alleged crimes were first reported in October when Dale T. Young was arrested by Batavia PD and ordered held on $50,000 bail.
The counts against Young:
Young is out of jail on bail.
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