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Press release:

Assemblyman Steve Hawley (R,C,I-Batavia) announced today that he has received an 88 percent rating from the National Federation of Independent Business (NFIB) and a 91 percent from The Business Council of New York State Inc. based on a number of key votes during this year’s legislative session.

Hawley’s rating puts him in an elite tier of pro-small business Assembly Members compared to many lawmakers from New York City who received failing grades. Votes on various topics pertaining to business were evaluated including taxes, regulations, compensation and labor issues.

“As a small-business owner and operator for much of my life, I know firsthand how important it is to cultivate an environment where entrepreneurs are cherished and jobs are created without costly tax incentives,” Hawley said.

“New York has far too long been known as anti-business, and that reputation has forced too many of our small businesses and larger companies to leave the state, costing us revenue, jobs and stalling economic growth. I am honored to be considered one of the state’s top pro-business legislators once again and look forward to making New York truly open for business."

Nathaniel D. Wilson Jr. of Batavia appeared in Genesee County Court this morning for sentencing on a second-degree murder conviction.

Wilson, 31, was caught on police surveillance footage stabbing Terry Toote to death on Central Avenue in the city on May 17th.

Wilson previously accepted a plea deal in August on an Alford basis (meaning he didn't admit guilt but concedes a jury would likely find him guilty), thereby avoiding a potentially harsher sentence than he could have received if his case went to trial. 

The sentencing proceedings started with several denied requests to have reports and recommendations from Wilson’s past stricken from the record by defense attorney Frederick Rarick.

There were a number of Toote’s family members in the courtroom where District Attorney Lawrence Friedman invited several relatives to make presentence statements.

Toote’s cousins Michelle and Oliver Little said Terry “was all about family” and that he leaves behind an 18-year-old son and 5-year-old daughter.

Toote’s cousin Dwayne addressed Nathaniel directly saying “Nate come waltzing in here like you don’t care. You got to wake up.” Adding that “You took away from our family and you took away from your family. You’re not going to be there for your kids.”

The victim’s sister Tinisha was less reserved in her presentencing statement, loudly proclaiming to Wilson “Nate Wilson I hate you. You took my m***** f****** little brother.” Toote said “I want to jump over there and whup your ass.” Adding “Come in here smiling, s*** pisses me off.”

Wilson said before being sentenced that he never meant to kill that man and that he was sorry for what he had done.

Judge Charles Zambito detailed the incident caught on the police pole-cam and said Wilson made the choice to stab Terry Toote in the heart after he had already fallen to the ground during the altercation.

Zambito deemed Wilson a danger to the community and sentenced him to a minimum of 20 years in prison and a maximum of life.

The Batavia City Fire Department's third platoon is called to stand by in headquarters. City firefighters are working an unspecified chemical spill at UMMC.

Angela M. McIntyre, 46, of Vine Street, Batavia, is charged with: uninspected motor vehicle; driving while intoxicated -- impaired by drugs -- first offense; and criminal possession of a controlled substance (unspecified). McIntyre was arrested at 10:52 a.m. on Sept. 14 on East Main Street in Batavia following an investigation at Eastown Plaza. She was released to Genesee Justice and is due in City Court Sept. 27. The case was handled by Batavia Police Officer Kevin DeFelice, assisted by Kyle Krtanik.

Aaron L. Klein, 47, of Montclair Avenue, Batavia, is charged with second-degree criminal contempt. He was arrested at 1:12 p.m. on Sept. 19 for violating a stay-away order of protection. Klein was allegedly caught hiding in the protected party's house within hours of being served with the stay-away order. He was jailed on $5,000 bail or $10,000 bond. The case was handled by Batavia Police Officer Jason Ivison, assisted by Officer Frank Klimjack.

Jeremiah T. Jones, 45, of Ross Street, Batavia, is charged with second-degree criminal contempt. He was arrested at 1:40 p.m. on Sept. 17 on West Main Street, Batavia, after he violated a stay-away order of protection. He was issued an appearance ticket and is due in city court on Oct. 2. The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Jason Davis.

A 17-year-old who lives on Liberty Street in Batavia was arrested at 8:05 p.m. on Sept. 17 following a disturbance on Ross Street in the city wherein the youth is accused of punching another person in the face. The defendant was due in city court this afternoon to answer the charge. The case was handled by Batavia Police Officer Christopher Lindsay.

Jeremy C. Goodell, 44, of Washington Avenue, Batavia, was arrested Sept. 21 on a bench warrant for failure to appear in city court. He had been charged with third-degree criminal mischief stemming from an incident that occurred at 444 W. Main St., Batavia. Following his arraignment, he was jailed in lieu of $2,500 cash or $5,000 bond. He is due in coty court on Thursday (Sept. 27). The case was handled by Batavia Police Officer Kyle Krtanik, assisted by Officer Kevin DeFelice.

David L. Newton, 59, of Lewiston Road, Batavia, is charged with petit larceny. He was apprehended by Tops market employees after allegedly being observed concealing several items on his person and exiting the store. He was arrested at 10:55 p.m. on Sept. 20 and released on an appearance ticket and is due in City Court on Oct. 2. The case was handled by Batavia Police Officer Felicia DeGroot.

Ronnie Joe Flinchum, 59, of Mill Street, Le Roy, was arrested on Sept. 21 on a Batavia City Court bench warrant for failure to appear. Flinchum was arraigned and jailed on $1,000 cash or bond. The defendant was due in city court this morning. The case was handled by Batavia Police Officer Felicia DeGroot.

Julia L. Tombari, 24, of Roanoke Road, Pavilion, is charged with violation of probation. She was arrested on Sept. 24 on a bench warrant out of city court for violating probation. She was arraigned and jailed on $5,000 cash or bond and is due in city court on Thursday (Spet. 27). The case was handled by Batavia Police Sgt. Dan Coffey, assisted by Officer Jason Ivison.

Isaiah J.A. Munroe, 28, of Buell Street, Batavia, is charged with unlawful possession of marijuana. On Sept. 22 at 6:19 p.m. while on a traffic stop on Bank Street in Batavia, Munroe was arrested for allegedly possessing marijuana. He was issued a computer-generated appearance ticket and is due in city court on Oct. 2 to answer the charge. The case was handled by Batavia Police Officer Catherine Mucha, assisted by Officer Chad Richards.

Press release:

The Elba Central School District’s Board of Education has named three finalists for the district’s next Superintendent.

Michael Augello, Elba Central School District’s Board president, said he is pleased with the high-quality candidate pool and enthused about the potential the three finalists have to offer.

“Selecting the best superintendent for Elba Central is the Board’s top priority,” Augello said. “This was a difficult decision especially with the number of qualified candidates who applied. BOE has narrowed the search to three finalists. We look forward to the next round of interviews where the finalists meet with our various stakeholders.”

The three finalists are Jason Smith, Ned Dale and Matt Stroud.

Jason Smith

Smith currently serves as the superintendent of Schools for the Lyndonville Central School District, where he has served since 2011. Through his fiscal leadership, Smith has developed and secured the passage of eight district budget votes, and established a long-term reserve plan. Smith facilitated the development and implementation of long-term District and School strategic planning with diverse stakeholders. He also successfully negotiated four collective bargaining contracts and non-union employees’ contracts prior to agreements expiring. Smith led the implementation of a $10.6 million capital improvement project focused on security upgrades and energy efficiencies.

Smith began his career in 1994 as a Social Studies teacher at Albion High School. Over the next 10 years, he became dean of students, and assistant principal at Albion Middle School. From 2004 until 2011, he served as secondary principal for grades 7-12, elementary principal and Pre-K-12 principal at the Elba Central School District. During this time, Smith attained graduation rates between 92 and 100 percent, and also planned and implemented teacher professional development.

Smith received a Bachelor of Arts in History from SUNY Geneseo and a Master of Science in Education from The College at Brockport. He earned a certificate of Advanced Study in Educational Administration from The College at Brockport and also holds certifications in Social Studies 7-12 and as a School District Administrator.

Ned Dale

Dale currently serves as the principal of Cosgrove Middle School, Spencerport Central Schools, a position he has held since 2007. Dale began his career in education in 2000 as a school counselor/teacher leader at Spencerport High School. He continued his career at Spencerport Central Schools serving as the assistant principal of Cosgrove Middle School.

During his career at Spencerport Central Schools, Dale has developed three tiers of Response to Intervention in English Language Arts and Math in collaboration with other administrators and stakeholders.

Through his leadership, Cosgrove Middle School was designated as a School to Watch based upon the collaboration of the New York State Education Department, New York State Middle School Association and National Forum to Accelerate Middle Level Reform. As president of the Spencerport Administrators and Supervisors Association, Dale has successfully negotiated three 3-year contracts for the entire association. He also established an approved APPR plan for principals that was accepted by the New York State Education Department.

Dale earned a Bachelor of Arts in Sociology from St. John Fisher College, and a Master of Science in Counseling and Human Development from the Warner School of Education at the University of Rochester. He completed the New York State Superintendent Development Program at SUNY Oswego and holds permanent certifications in School Counseling, and as a School District Administrator.

Matt Stroud

Stroud is the principal of Alexander Elementary School, where he has served since 2007. As principal, Stroud oversees the hiring, evaluation and supervision of more than 50 instructional and support staff. He plans and leads staff development at both the Alexander elementary and high schools. During his tenure as principal, he serves as the administrative representative for the district’s APPR plan negotiations. He leads and or serves on multiple district-level committees including Teaching and Learning, APPR, and Response to Intervention. He oversees the budget preparation and monitoring including BOCES services for Alexander Elementary School. Stroud coordinated efforts for the creation of a national certified outdoor classroom.

Previously, he served as an English teacher at Letchworth Central School District from 2001 until 2007. During this time, he wrote and implemented New York State standards for grades 10-12 and created and taught three college-level courses. Stroud received the Teacher of the Year Award in 2005.  

Stroud earned a Bachelor of Arts in English from Houghton College, and a Master of Arts in English from the College at Brockport. He also earned an Advanced Certificate in Educational Administration from The University of Rochester. Stroud holds permanent certifications in English 7-12 and as a School District Administrator.

The Next Step

The Board of Education will conduct the final round of interviews with the three candidates in early October at the Elba Central School District. The BOE expects to appoint the final candidate by Nov. 26.

Kevin MacDonald, district superintendent of the Genesee Valley Educational Partnership, who is acting as search consultant, said the Board has developed and implemented a process that will help determine the best candidate.

 “This is a rigorous search process,” MacDonald said. “Finalists are interviewed by several stakeholder groups, and concludes with the Board meeting to make a final decision.”

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The Genesee Valley Educational Partnership operates as a Board of Cooperative Educational Services offering shared programs and services to 22 component school districts located in Genesee, Wyoming, Livingston and Steuben counties in New York State.

Press release:

Darien Lake, a Six Flags Theme Park, will unleash the biggest and scariest Fright Fest® in park history. As part of the bone-chilling lineup, seven brand new nightmarish attractions leave no tombstone unturned to deliver what guests want most…an all-out terrifying experience.

This brand new event features three electrifying mazes and four dare-to-enter scare zones, along with hellish, roaming zombies around every corner. To take fright to the extreme, Darien Lake will add a sinister element to some of the theme park’s monster coasters by turning off the lights, leaving riders to face their fears in total darkness.

“Darien Lake is thrilled to bring top-level, terrifying thrills to our guests with an incredible lineup of truly frightening attractions and entertainment,” said Park President Chris Thorpe. “Fright Fest is the ultimate national Halloween event and we are excited to present our biggest and scariest event yet.”

New this Year, three haunted attractions (at an additional charge) incorporate state-of-the-art makeup, props, and special effects:

• Hotel Terror: 7 Deadly Sins: Tour the horrific hotel where sinful guests are condemned to a life of suffering. Beware, they do not take kindly to visitors.
• Jungle Apocalypse: Immerse into this forsaken island filled with ancient ruins, secrets and a tribe of worshippers looking for their next human sacrifice.
• Camp Scumshine: Visit the winding paths of death and despair that once was Camp Sunshine. The Boogeyman is real and tonight he could be playing a little trick on YOU!

Four additional scare zones around the park leave guests nowhere to hide and screaming to get out unscathed:

• Passage of the Damned: Walk through the passage of the soulless keepers that ensure that no living enter the world of the dammed
• Creep Show Freak Show: The area of rejected and demonic circus performers. This circus troop was banished to the outer world for their misdeeds during their mortal lives.
• Voodoo Curse: Pass through a marshy inlet but be careful not to be enshrouded by those who have been cursed to roam these mucky waters. These swamp dwellers will unleash their voodoo magic and indulge in the fear of unsuspecting victims
• Screampunk: People here have been experimented on by a delirious inventor who thought it would be a brilliant idea to mechanize mankind

Big Top Freaks is headlining the entertainment with a nightly show that is NOT for the faint of heart. Freaks showcases four entertainers that specialize in dangerous, scarring, grotesque, and hard-to-watch feats of physical endurance. Additional frightful entertainment includes:

• Direct from Las Vegas, Zamora the Torture King will cause most to shield their eyes as he subjects his body to numerous skewers being thrust into his arms, face and neck.
• The Great Throwdini, internationally known as ‘The World's Fastest and Most Accurate Knife Thrower’, will subject his human target to multiple razor sharp knives thrown at dizzying speeds avoiding body parts by only a few inches. 
• Red Stuart is the oldest sideshow entertainer, oldest sword swallower and holds nine world records for his craft. Armed with nothing more than a kilt and a microphone, he will swallow swords of increasing length, swallows a car axle, and tops it off with swallowing multiple swords at once.
• Ziggy Artist of Oddities will perform his own signature blend of modern extreme fire eating as well as treat his head like a block of wood by driving a large nail right into his cranium. 

For the little monsters, a Trick or Treat Trail and Halloween crafts round out the activities during the day.

Fright Fest Operating Hours and Days:

• 6 to 11 p.m. Sept. 28, Oct. 5, 12, 19, 26
• 11 a.m. to 11 p.m. Sept. 29, Oct. 6, 13, 20, 27
• 11 a.m. to 9 p.m. Sept. 30, Oct. 7, 14, 21, 28
• 11 a.m. to 8 p.m. Oct. 8

For more information on Darien Lake’s Fright Fest, visit website at www.darienlake.com.

Darien Lake 2019 Season Passes are currently on sale. For a limited time, purchase four or more Darien Lake Season Passes and receive a free upgrade to GOLD on each Pass. GOLD Passes include free Parking Passes and extra Bring a Friend Free days. Additional Season Pass perks include admission to all Six Flags-branded theme parks, park admission to Fright Fest plus all of 2019 which includes more than 100 days of thrills. Season Passes can be purchased online at darienlake.com.

FIRE PREVENTION WEEK: Batavia City Council member Kathleen Briggs reads a proclamation Monday night declaring Oct. 7-13 as Fire Prevention Week as, from left, Fire Chief Stefano Napolitano, Lt. Greg Ireland, Lt. David Green, Firefighter Sean Huggins, Firefighter Chris Morasco and Firefighter Ryan Whitcombe look on. Photo by Mike Pettinella.

(Photo of vehicle that was carjacked this morning in the city, courtesy of Alex Feig of WBTA.)

A white Chrysler Sebring with a black top occupied by just its driver crashed at the VA Medical Center after a wild chase through city streets. The driver is in custody. He may have a firearm. What prompted the chase is not clear.

A medic is responding. At least three Batavia PD patrols were pursuing the vehicle. VA police are being notified; property at the facility is damaged.

UPDATE 8:55 a.m.: City fire just arrived in non-emergency mode with speedy dry absorbent and a pad to cover a storm drain from leaking fluids; the vehicle is on fire. Asked if the suspect has any facial or hand tattoos, an officer's response is no, but there are on the arm(s).

Shortly after this incident began, there was a call of a possibly armed suspect driving the vehicle southbound on Liberty Street. A patrol was a Ellicott and Jackson, and Liberty and Main. Then the suspect vehicle headed northbound on Summit Street toward the hospital going 65 mph, then went westbound toward State Street, got on Oak and the Thruway Authority was notified as it was believed to be headed to I-90. Then it crashed at the VA.

UPDATE 9:06 a.m.: This was a carjacking. More T/K.

UPDATE 10:22 a.m.: Shortly after the incident ended, Batavia Police Chief Shawn Heubusch held a press conference outside the VA Medical Center. Alex Feig, of WBTA, provided the audio from which the following details were taken:

Officers initially responded to the Kwik Fill at 99 Jackson St. in the city after a report of a vehicle theft. The use of a weapon -- a gun -- was threatened, but one was not displayed, nor recovered after the suspect was taken into custody. Police caught up with the vehicle, which sped off when they pursued it. Speeds reached around 65 mph on city streets and then the driver failed to navigate near the VA Medical Center and crashed. The vehicle caught fire and the fire department responded, but the car did not "burn up." The driver/suspect was able to get out of the vehicle on his own and did not appear to be injured. The victim, who remained behind at the Kwik Fill, was not physically injured. Authorities at the VA were assessing damage to property, which includes a sign knocked askew and off its foundation, a tree, and possibly some fencing. Asked if the incident was related to some other crime commited, the chief said no. The suspect was taken into custody by the VA without incident.

Batavia City Council is prepared to enter into a partnership to develop Teen City, an afterschool program for kids from the ages of 9 to 16 to be housed at the City Church-owned St. Anthony’s campus on Liberty Street.

The board, at its Conference meeting tonight at City Centre Council Chambers, reacted positively to a presentation by Jocelyn Sikorski, executive director of the City and Genesee County youth bureaus, by agreeing to let her and Acting City Manager Matt Worth continue their negotiations with City Church to move the City Youth Bureau from its present MacArthur Drive location.

“(The former St. Anthony’s School) gives us much more space than we could have ever imagined,” Sikorski said, explaining that the youth bureau staff will be working with the Genesee Area Family YMCA to provide a setting that “will incorporate active play, educational space, and health and wellness while fostering community service.”

Sikorski (in photo above) said St. Anthony’s would offer a classroom/tech room, recreation room, gaming room, cafeteria, kitchen and full gymnasium during program hours, which are set at 2:30 to 6 p.m. from Monday through Friday during the school year and 1 to 6 p.m. during the summer.

The youth bureau and YMCA have secured more than $110,000 thus far, she said, with the United Way of Genesee County pledging $50,000 for renovations and start-up and an additional $10,000 annually for five years to maintain the program.

Bullet Aid ($30,000), Greater Rochester Health Foundation ($17,600), Ralph Wilson Legacy Funds ($11,000) and Rotary Club of Batavia ($5,000) also are supporting the project, Sikorski said.

The plan is contingent upon the facility being rezoned from residential to commercial, a process that has moved along and will be determined by a vote of the City Planning & Development Committee.

Other things that need to be done before the program starts include information technology upgrades, renovations in line with Americans with Disabilities Act requirements and a security policy to be “modeled after the Batavia City School District’s,” Sikorski said.

City officials have begun to talk about a lease agreement with City Church, but no terms have been reached yet, Worth said.

 “We haven’t really had that defined yet. We’ve had very front-end conversations on how the structure might be, but the actual financial parts of it have not been nailed down yet to give specific numbers,” Worth said, adding that necessary investments by City Church will weigh into the terms.

The ultimate goal, he said, “is for it to be a net-zero cost (to the City) compared to how the youth bureau is being operated now.”

Worth said that if the City School District opts to use the existing Youth Bureau, leasing terms for that site would be negotiated.

“(The district) could take over the utilities, something like that,” he said. “But that’s too much detail from where we are at the moment. Hopefully, in a month from now I would have a better answer.”

Council Member John Canale said his idea would be to "convert it (the current Youth Bureau) back to a pool house and put the (City) pool back in there."

Sikorski said the timeline is one “you may call ambitious” as they hope to have Teen City opened by January.

In other action, Council moved the following measures to its Business meeting on Oct. 9:

-- A resolution to continue stipends above and beyond their normal salaries to Worth, James Ficarella, Ray Tourt and Lisa Neary through the pay period ending Jan. 4. All four have taken on additional duties during the months the City has been without a manager or assistant manager.

Worth would continue to be paid a stipend of $1,000 per month, while Ficarella (superintendent of water and wastewater), Tourt (superintendent of maintenance) and Neary (deputy director of finance) would keep getting a $750 stipend.

Council Member Robert Bialkowski called their effort “a bargain.”

“Since we haven’t had a manager or assistant manager, it really isn’t costing the city taxpayers,” he said.

His colleague, Rose Mary Christian, however, looked at the request differently, saying she opposed extending the stipends past October – the month that new manager, Martin Moore, assumes his duties.

She was the only one to oppose the extension as the rest of the group agreed that two additional months would be needed to ensure a successful transition.

-- Two resolutions dealing with City Fire Department programs – the implementation of an external Emergency Medical Technician class to be offered on an annual basis and the acceptance of a $1,500 state grant to continue a child safety seat initiative.

Fire Chief Stefano Napolitano said there about 27 people who wish to take the class, which is designed to train citizens interested in becoming EMTs for their own personal benefit as well as those who offer their services to other fire, rescue or Emergency Medical Service agency.

Napolitano requested a budget transfer of $15,000 to deliver the class, and said he expects that tuition fees will return that amount and likely $4,000 more back to the City.

-- A resolution to solicit bids to repair the silo entries of the City Centre Mall and segments of the roof near Sunny’s Restaurant and the hallway adjacent to City Hall.

The repairs are part of the settlement agreement between the City and Mall Merchants Association.

“These two areas (of the roof) are where the vast majority of the proverbial buckets are sitting,” Worth said.

A fire is reported behind apartments on Horseshoe Lake Road in Stafford. Stafford Fire Department is on scene.

P.W. Minor this morning filed a notice with the NYS Department of Labor of possible layoffs and a possible plant closing but that doesn't necessarily mean anybody will lose their job, according to Brian Benedict, the company's VP of sales.

He said CEO Hundley Elliotte is in town this week working with management on a restructuring plan. Some of the options include both keeping the plant open and retaining all current employees, Benedict said. 

"As of today, there have been no layoffs," Benedict said. "By filing the warn (notice) we were just following the letter of the law."

All of the work crew today was sent home and they are not expected to return to 3 Treadeasy Ave., Batavia, tomorrow. Benedict said at this point he doesn't know when they will start working again.

"We will know a lot more by Wednesday afternoon," Benedict said.

In the Warn Notice, P.W. Minor informed the state potential layoffs could mean a loss of 42 jobs, or all 82 jobs at the plant and cited "economic reasons" for the potential layoffs.

Elliotte's investment firm Tidewater + Associates acquired the shoe company from Pete Zeliff in February. Zeliff and then partner Andrew Young saved the 151-year-old company from certain ruin in 2014.

Jennifer Serrano told a deputy she was looking for a girlfriend's house in Darien and was lost after nearly hitting the deputy's car on Route 77 in the early morning of Aug. 11.

The 48-year-old Serrano has been accused of hitting and killing Connor Lynskey, 18, of Hinckley, on Sumner Road about 25 minutes before her encounter with Deputy Robert C. Henning. The encounter led to her arrest on a drunken driving charge but she never revealed to Henning or any of the court or jail officials she met that morning that she may have been involved in a hit-and-run accident.

Lynskey had been reported missing by the time of her arrest but his body wouldn't be found until 11:30 in the morning. A day after his death was reported, Sheriff's Officers investigators developed leads and identified Serrano as the suspected driver of the hit-and-run vehicle. She was located at her sister's house in Amherst. Deputies also seized the vehicle they believe she was driving at the time of the accident about 12:30 a.m. and her subsequent arrest for DWI at 12:55 a.m.

After the near collision on Route 77, Henning flipped on the emergency lights of his patrol vehicle and initiated a traffic stop. In his report of the incident, he said he could detect a strong odor of alcohol and that Serrano's eyes were glassy, according to a report he wrote and attached to the arresting document on file with the Genesee County Court.

The Batavian requested the document after District Attorney Lawrence Friedman discussed it during Serrano's last court appearance Sept.12. Judge Charles Zambito granted the request at a hearing, where neither Serrano nor her attorneys appeared to object to the document's release, this past Thursday.

According to Henning's report, Serrano failed multiple parts of a field sobriety test but her demeanor even before the test began indicated she may have been intoxicated, according to the report.

"Jennifer was swaying back and forth and leaned into the tire on the back of the vehicle multiple times to keep her balance while I was talking to her," Henning wrote. "Jennifer was also fidgeting while speaking with me. She was constantly moving her hands and rubbing them together."

Henning attempted a roadside Alco-sensor test but after Serrano blew once and it didn't register a reading, she wouldn't blow again. She also refused a Datamaster test at the Batavia Police Station and she refused three separate requests to submit to the test at Darien Town Court.

During the field sobriety tests, Henning reported Serrano swayed back and forth and had a hard time keeping her head still.

At one time during the test, Serrano reportedly said, "Am I moving my head? I can't even tell."

She wasn't able to complete a balance test without hold her hands out and she couldn't successfully walk heel-to-toe, according to Henning's report.

After the walk and turn, she reportedly told Henning, "I failed."

The report also reveals there was a passenger in Serrano's vehicle, though the person isn't named and if police obtained a witness statement from the passenger, it's not included in the court file.

Serrano said she drove from Silver Lake to Darien Lake to pick up her passenger after the Jason Aldean concert, according to statements Serrano reportedly made to Henning.

When Henning asked Serrano about consuming alcohol that night, Serrano reportedly said, "I had some earlier."

"What's some?" Henning asked.

The report says Serrano then said, "Umm, I didn't have any."

After informing Serrano he would conduct some tests, Serrano reportedly told Henning, "Well, listen, can you just let me hang here? You just let me hang here. You just all did your thing. You walked around. Could you just call my cousin, like talk to my cousin and just let me know."

Later she reportedly said, "My girlfriend's house is on this street. I pulled into the wrong driveway. I pulled out in front of you. Could you just do a solid, you know, like I promise you. Can we call my, you call my cousin and we follow you, and you follow me."

While trying to convince Serrano to submitted to a breath test, he told her, "It's another ticket if you refuse," and Serrano reportedly told Henning, "It's not another ticket if I refuse. "It's, it's, I'm doomed."

When Henning informed her she was under arrest, Serrano reportedly said, "Really? I've been kind to you. Oh, my God."

Later, after Serrano said she really didn't understand what was going on, Henning said he told her, " I believe that you are intoxicated to the point where you should not be driving a motor vehicle, OK? So I arrested you for that. Now you admitted to drinking. I don't know what. I don't know how much but that's basically what the field tests and the Datamaster can prove it."

Serrano said, "I don't understand how this is going to work out for me, like, you keep saying, 'it's going to be OK.' "

"It will," said Henning, who at the time didn't know about Lynskey. "It's not the end of the world. Look, the end of the world could have been that you got in a head-on collision tonight and either hurt yourself, hurt the passenger, or hurt someone else." 

All Serrano reportedly had to say at that point was, "I just pulled out of a driveway in front of you. I was looking for my girlfriend's house."

Lynskey, a promising medical student, according to his family, had attended the Jason Aldean concert with friends and family. They were all camping at Darien Lakes State Park. Lynskey was walking with members of his group when he decided to run ahead on Sumner Road and catch up with a friend. That was the last time anybody saw him alive.

The Pearl Street Road woman accused of failing to provide proper food and care for her 3-year-old Labrador retriever mixed breed named Maya was a no-show in Town of Batavia Court today, along with her attorney Michael Ranzenhofer.

The case of Becky L. Frens, who is about 56 years old, was on this morning's court docket for 10:30 and nearly two hours later Judge Michael Cleveland called her name and got no response from the gallery. The court clerk said earlier that the court had not heard from Frens or Ranzenhofer, nor had they appeared in court today.

Cleveland said Ranzenhofer had asked him for a second postponement in the case -- it had been delayed once on Aug. 27 until today -- but he denied the request, saying the reasoning for another postponement was not specific enough. Cleveland did not say when Ranzenhofer made the request, but he made it clear he had not heard from Ranzenhofer or Frens today and that they were due in court.

Next time, bench warrants

First Assistant District Attorney Melissa Cianfrini said she would not ask for a bench warrant to be issued for either the client or attorney in this case, although she could, because she is giving Ranzenhofer the benefit of the doubt. Since he was not present, perhaps there was a miscommunication, she said. But if it happens next time, a bench warrant(s) will be sought.

The people are ready for trial, Cianfrini said.

Cleveland set the matter on the docket for 10 a.m. on Monday, Oct. 22, for either adjudication or to set a trial date, one or the other.

Frens was arrested on July 10 by troopers from the Batavia Barracks of the State Police after she went to the Genesee County Animal Shelter to retrieve her dog.

The day or so before Maya had gotten out and somehow managed to walk many, many yards on sore paws -- with nails so overgrown they were chewing into the pads -- down the Frens' gravelled driveway to the edge of the Pearl Street Road pavement. It was there that neighbors across the street saw the dog and coaxed it into their yard, where they gave it cat food and balogna and whatever nutrition they could round up. Emaciated, Maya scarfed it all down along with three bottles of water.

Then the neighbors called the law.

Frens is charged with overdriving, torturing and injuring an animal; and failure to provide proper sustenance under the state Agriculture & Markets law, Article 26, Section 353, which is a Class A misdemeanor. If found guilty, a defendant faces jail time of more than 15 days but not greater than one year. In addition, a fine of up to $1,000 can be imposed.

Update on Maya

Meanwhile, Maya had a big day today.

According to Volunteers for Animals' Lynette Celedonia, who aided Maya from day one, she was to be spayed today and the last knots of scar tissue from infection due to demodectic mange was to be surgically removed from her back and shoulder area.

Since July, Maya has made amazing progress, Celedonia said. Gina Lippa, also with Volunteers for Animals, agreed. They came to court today to hear the Frens' case and afterward were happy to report how well Maya is doing.

"Her coat has grown in and thickened up and she's put on weight; her hip bones and ribs are no longer showing," Celedonia said. "Her infections have cleared up. And her muscles are stronger from playing and running -- which in her case is more like hopping -- and she's been adopted by the best family possible."

A public health nurse and her husband adopted Maya and share their home with her and two other doggie companions, plus avian and feline companions.

Celedonia has a recent picture on her phone of Maya, snoozing on big comfy sofa, taken after an afternoon of romping around in her new yard, plumb tuckered out and looking like a different, healthier dog.

Brenda Yvette Colon-Cruz, 45, of Watson Street, Batavia, is charged with: driving while ability impaired by drugs, as a felony, with two prior convictions within the last 10 years; holding more than one driver's license; and operating an unregistered motor vehicle on a highway. On Sept. 13 at 4:06 a.m., she was arrested following a complaint in the area of Lake Street Road in the Town of Le Roy. She was arraigned then released under supervision of Genesee Justice. She was due back in Le Roy Town Court on Sept. 20. The case was handled by Genesee County Sheriff's Deputy Austin Heberlein.

Charles Kibicho Kairu, 37, of South Valley Lane, Springfield, Mo., was arrested at 6:25 p.m. on Sept. 22 on Main Road in Pembroke following a traffic stop. He allegedly operated a commercial vehicle while intoxicated. He is charged with: unregistered motor vehicle; aggravated unlicensed operation of a motor vehicle in the first degree; DWI -- first offense; aggravated DWI -- having a BAC of .18 percent or more; drinking alcohol in a motor vehicle; and operating with brakes out of service. Kairu was arraigned in Town of Pembroke Court and jailed in lieu of $10,000 cash or $20,000 bond. He is due back in Town of Pembroke Court on Oct. 4. The case was handled by Genesee County Sheriff's Deputy Kyle Krzemien, assisted by Deputy Mathew Clor.

Nicholas F. Kerwin, 18, of Route 77, North Java, is charged with third-degree criminal mischief and fifth-degree conspiracy. Following a property damage complaint of damage to a motor vehicle on Molasses Hill Road in Alexander at 1:30 a.m. on June 10, Kerwin was arrested and released on an appearance ticket. He is due back in Town of Alexander Court on Oct. 9. He allegedly caused damage to the vehicle in excess of $250. The case was handled by Genesee County Sheriff's Deputy Jeremy McClellan, assisted by Deputy Christopher Parker.

Three youths were arrested by the Le Roy Police Department in connection with a nighttime residential burglary in the village on Sept. 10. It was reported by the homeowner that unknown an unknown or persons entered the residence during the late night or early morning hours and stole multiple packs of cigarettes while the resident was sleeping. A follow-up investigation allegedly determined three youths ages 16, 13 and 12 were involved and some of the cigarettes were recovered as evidence. The 16-year-old, who was already on a court-ordered, 24-hour curfew due to unrelated prior criminal conduct, was charged in Le Roy Town Court with one count each of second-degree burglary, a Class C felony, and petit larceny, a Class A misdemeanor. The 16-year-old was jailed and an undisclosed amount of bail was set. The two younger suspects were "petitioned to the Genesee County Youth Court."

Kevin M. Fossum, 52, of Batavia, was arrested by State Police from the Warsaw barracks on Sept. 15 and charged with driving while ability impaired and unlawful possession of marijuana. During a traffic stop on Route 246 in the Village of Perry, troopers detected an odor of marijuana coming from Fossum while being interviwed. Field sobriety tests were issued and he was taken to Warsaw for processing, then issued an appearance ticket for Village of Perry Court at a later date. He was released to a sober third party.

Submitted photo and press release from the Genesee County Sheriff's Office:

Early this year, Genesee County was selected to be the recipient of technical assistance and funding to develop a Crisis Intervention Team (CIT) program with resources made available through the NYS Senate and allocated to the NYS Office of Mental Health.

The Office of Mental Health (OMH), Division of Forensic Services, is managing the crisis intervention services initiative.

Crisis Intervention Team (CIT) training is a program that has been developed to help police officers in situations involving individuals with mental illness. The concept of CIT began in Memphis, Tenn., in 1988, and has become nationally known as the “Memphis Model” of pre-arrest jail diversion for those in a mental health crisis. 

A Crisis Intervention Team is a group of experienced police officers who volunteer to receive an additional, one-week training in mental health-related issues.

Last week, local law enforcement officers from the Genesee and Wyoming County sheriff's offices, the City of Batavia Police Department, Village of Le Roy Police Department, Village of Attica Police Department, and Genesee and Wyoming county probation offices participated in training.

The training will prepare officers so that when they are the first responders to an incident, they have the knowledge, skills and support to de-escalate situations and divert individuals from the criminal and juvenile justice systems, when it’s appropriate to do so.

Among the goals of CIT programs are to reduce the number of arrests of individuals with mental illness, refer them to treatment facilities or other support services, and eliminate adverse incidents between law enforcement and those with mental illness. CIT programs involve ongoing collaboration and partnerships between, and among, law enforcement, the mental health system, and consumer and advocacy groups.

Photo: Local law enforcement officers from the Genesee and Wyoming County sheriff's offices, the City of Batavia Police Department, Village of Le Roy Police Department, Village of Attica Police Department, and Genesee and Wyoming county probation offices who participated in CIT training.

The First Presbyterian Church in Batavia celebrated its 209th anniversary today by hosting a Scottish Heritage Festival. The festival featured food, ancient highlander games and toys, bagpipes (Carol Romanowski, top photo), and a lecture on Protestant churches in Batavia by Genesee County Historian Michael Eula, Ph.D. (second picture with Mike Stuart). 

Bottom photo: Ludia Gundel, age 7.

The Alzheimer’s Association, WNY Chapter, sponsored today's Walk to End Alzheimers in Batavia. The route started and ended at Premier Genesee Rehabilitation and Nursing Center on Bank Street. Hundreds of people turned out, though this morning organizers did not have an exact count of participants.

For decades, the former Presbyterian church in East Pembroke has looked weathered and beaten and neglected but owner Wes Winters had decided it's time to restore the exterior.

So far he's removed the old siding, painted the trim and the bell tower and installed some windows. This week he will start installing new clapboards (wood, not vinyl). 

He described the project as "weatherizing."

"It was pretty sad," Winters said. "We needed a new roof on the tower and the clapboards had long since seen their paint go away. It was just time."

His father bought the building in the 1970s and converted the basement into two apartments and divided the sanctuary into two floors as storage for his construction business.  

His son David is assisting with the restoration project.

The sanctuary was built in about 1854 and the bell tower was added in 1857.

The original bell -- cast in the 1870s in Troy -- still hands in the tower. The last time it was rung was just a few weeks ago. A friend of his son's got married nearby in East Pembroke. At the start of the service, Winters' son texted him and he rang the bell five times and then when the couple was pronounced husband and wife, he rang it again five times.

The stained glass was apparently removed when the congregation left the church.

Winters doesn't have immediate plans for the sanctuary but said it might be appropriate for apartments or retail.

"We're not going to sell it," he said, adding that the building will stay in the family.

This is a commemorative plate found in the church building. The inscription on the back says the church was built for $3,200. Rev. D.C. Houghton was the first pastor. A tornado Sept. 30, 1921, tore off the spire and it was replaced by a dome. The Baptists and Presbyterians of East Pembroke merged in 1962 and formed the East Pembroke Federated Church. Photo submitted by David Winters.