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A man facing a pair of felony indictments will likely serve seven and a half years in prison under terms of a plea deal he agreed to in Genesee County Court today.

Darius Jones, 27, of Rochester, entered a guilty plea to the lesser included offense of criminal sale of a controlled substance, 5th. (He was originally charged with the same crime in the third degree.) He faces two-and-a-half years in prison for that conviction. He admitted in court that he possessd a controlled substance in the City of Batavia on Feb. 22 with the intent to sell it.

Jones also faced a weapons charge stemming from a traffic stop where a pistol was found under the seat of the car he was sitting in.

To a charge of attempted criminal possession of a weapon, 2nd, Jones entered a guilty plea on an Alford basis, which means Jones told Judge Charles Zambito that he couldn't admit to the facts of the crime as charged but he realizes that based on the evidence presented by the prosecution, he would likely be convicted at trial. The Alford plea affords Jones the opportunity to accept a plea deal without admitting to the crime in order to receive the benefits of a plea offer.

On the weapons charge, Jones will likely be sentenced to five years in prison.

The two terms will run consecutively.

Jones also admitted to being a second felony offender and a second violent felony offender. He was convicted of grand larceny in Monroe County in 2014 and of criminal possession of a weapon in Monroe County in 2010.

Pending sentencing, Jones was released from jail on his own recognizance, with no objection from District Attorney Lawrence Friedman. Sentencing is set for 9:30 a.m., April 6.

Kelly A. Rodriguez, 47, of Pearl Street, Batavia, is charged with aggravated harassment in the second degree. She is accused of spitting in the eyes of a nurse at UMMC in Batavia who was caring for her. She was given an appearance ticket and is due in Batavia City Court at 1 p.m. on Feb. 11. The case was investigated by Batavia Police Officer Peter Post.

Wendy L. Henry, 35, no permanent address, is charged with second-degree criminal contempt. Henry was arrested for allegedly violating a stay away order of protection at 5:37 a.m. on Jan. 26 on Central Avenue in Batavia. The defendant was issued an appearance ticket and is due in Batavia City Court on Feb. 4. The case was handled by Batavia Police Officer Joshua Girvin, assisted by Officer Nicole McGinnis.

Jacoby Luc Green, 20, of Lake Street, Perry, is charged with operating a motor vehicle while impaired by drugs and moving from lane unsafely. At 4:56 a.m. on Jan. 29, Genesee County Sheriff's deputies responded to the intersection of Route 20 and Perry Road in Pavilion for a report of a one-car collision. After an investigation, Green was arrested and arraigned in Town of Pavilion Court. The defendant is due back there on Feb. 4. The case was handled by Deputy Kenneth Quackenbush, assisted by Deputy James Stack.

Matthew Ronald Hinze, 29, of Genesee Street, Attica, is charged with: driving while intoxicated; aggravated DWI; and possession of an open container of alcohol in a motor vehicle. At 9:15 p.m. on Jan. 28, Genesee County Sheriff's deputies stopped a vehicle on the south shoulder of Sumner Road in Darien. Following an investigation, Hinze was arrested. He was issued appearance tickets and is due in Town of Darien Court on Feb. 18. The was was handled by Deputy Erik Andre.

In 30 years as an emergency dispatcher, Steve Robinson has probably handled every imaginable kind of call, first with the City of Batavia and later with the Sheriff's Office -- lost cats, petit larcenies, fires, train derailments, overdoses, homicides, and everything in between.

It's a tough job but on the night of his final shift, he said he is glad he chose the job he did as a young man.

"It's been an amazing career," Robinson said. "I've made a lot of friends -- with other dispatchers, judges, DAs, police officers, EMS, fire -- everybody involved in the whole process. I couldn't have asked for a better career for 30 years. It's not pretty sometimes. We deal with a lot of unpleasant stuff, but we get through it and I appreciate everybody I've worked with, and I've gotten a lot of help over the years."

To be a good dispatcher, Robinson said, you have to be able to multitask. You can find yourself dealing with a police officer on the radio about one call while taking an emergency call from an unrelated incident on 9-1-1. 

"There is a lot of activity in the room and you can't rely on somebody else to answer your phone for you," Robinson said.

And because you're sometimes dealing with people in duress, at the worse time of their lives, or who are angry, you have to have good people skills to be a good dispatcher. You have to be able to stay calm, talk people through their situations and ensure first responders are kept safe.

"The people I work with, not just the dispatchers, but the first responders, we have a bond because nobody else understands what we do," Robinson said. "In this job, unless you do it, you can't understand what we deal with and that is what bonds us."

In retirement, Robinson will still be around, and not far from the career he's loved. He will continue to work part time for Batavia PD as a desk clerk.

"I'll keep a hand in the business," Robinson said. "I'm not totally walking away."

A family in Pavilion would like to get their 2003 Chevy Silverado back.

It was stolen at 5:20 this morning.

It's dark gray/black with a light bar, and a plow mount (the plow was not attached at the time it was stolen). The passenger side door handle is broken. There are glow lights under the truck and the front license plate is on the driver's side grill. There is a plastic toolbox across the bed of the truck.

Whoever stole the truck apparently headed north on Roanoke Road because there was sheet steel in the bed of the truck that fell out.

State Police took the stolen vehicle report. The State Police can be reached at (585) 344-6200. A friend of the owner, Jessica Wolcott, can be reached at (585) 815-3625.

A woman who was driving an SUV struck head-on on Route 5 in East Pembroke yesterday morning has died, according to the Genesee County Sheriff's Office.

Patricia L. Dzienciol, 50, of Akron, succumbed to her injuries at the Erie County Medical Center.

Dzienciol was driving a 2015 Nissan Rogue westbound in the area of 2700 Main Road at 7:14 a.m. when 1997 Mercury sedan crossed over from the eastbound lane and struck her vehicle. The Rogue traveled off the north shoulder and overturned in a roadside ditch.

The driver of the Mercury, Kathleen Swanekamp, 84, of Roswell Avenue, Tonawanda, was cited for allegedly driving at a speed that was not safe nor prudent and for failure to stay in the right lane.

At the time of the accident, snow was falling and roadways were wet and slushy. East Pembroke Chief Don Newton said the conditions made it difficult for volunteers to respond to the scene both quickly and cautiously.  

UPDATE: Audio on the video (finally) fixed.

One of the drivers involved in a serious injury accident at 7:14 a.m. on Route 5 in East Pembroke was cited for two alleged traffic violations following an investigation into the collision.

Kathleen A. Swanekamp, 84, of Roswell Avenue, Tonawanda, was cited for allegedly driving faster than was safe or prudent for the conditions and for failure to stay in the right lane of traffic.

According to the accident report prepared by Deputy Nicholas Chamoun, Swanekemp was eastbound on Main Road east of Barrett Road when her 1997 Mercury sedan crossed into the westbound lane.

The car collided head-on with a 2015 Nissan SUV driven by Patricia Dzienciol, 50, of Golden Pond Estates, Akron. Dzienciol's vehicle overturned in a ditch on the north shoulder and East Pembroke Chief Don Newton said it was a lengthy process to extricate her from the vehicle.

Swanekamp had two passengers: William J. Danek, 26, and Daniel Cordner, 42. A passenger in the rear seat of Swanekamp's sedan also required extrication.

All four patients were taken to the trauma center at ECMC.

CORRECTION: Earlier we listed the registered owner of the SUV, not the driver. The driver was Patricia Dzienciol.

UPDATE: Audio corrected on the video.

Jennifer L. Stack, 33, of South Main Street, Batavia, is charged with second-degree harassment. She was arrested on Jan. 25. At 10:35 a.m. on Jan. 11 an incident occurred at GCASA, 430 E. Main St., Batavia, and Stack is accused of striking a person multiple times while on the property. She was issued an appearance ticket and is due in Batavia City Court on Feb. 4. The case was handled by Batavia Police Officer Connor Borchert, assisted by Officer Kevin DeFelice.

Ashley E. Quintern, 30, of South Pearl Street, Oakfield, is charged with endangering the welfare of a child. She was arrested after an incident at 8:20 a.m. Jan. 24 where children were allegedly left without supervision for about an hour and a half at a location in the 100 block of Ross Street in the city. Quintern was issued an appearance ticket for Batavia City Court and is due there Feb. 4. The case was handled by Batavia Police Officer Felicia DeGroot.

Phillip D. Byford Jr., 29, of South Platt Street, Albion, is charged with two counts of petit larceny on the same day at the same store. He was first arrested at 8:01 a.m. on Jan. 24 after being accused of stealing beer and food from the Speedway convenience store at 204 W. Main St. in Batavia. The arrest was made by Batavia Police Officer Miah Stevens, assisted by Officer Jordan McGinnis. Later, at 10:35 p.m., a witness allegedly saw him stealing beer at the Speedway and reported it. He was arrested again at 11:05 p.m. The evening arrest was made by Batavia Police Officer Adam Tucker, assisted by Officer Wesley Rissinger. In each incident he was released with an appearance ticket to be in Batavia City Court on Feb. 4.

Robert C. Strollo, 59, of East Main Street, Batavia, is charged with petit larceny. He was arrested at 9:55 a.m. on Jan. 26 following the investigation of a larceny that occurred at the Family Dollar Store at 577 E. Main St. in Batavia. He is accused of stuffing merchandise in his pockets while there at 11:37 a.m. on Jan. 22. He allegedly walked out of the store without paying for the items. Strollo was issued an appearance ticket for Batavia City Court and is due there on Feb. 4. The case was handled by Batavia Police Officer Connor Borchert, assisted by Officer Kevin DeFelice.

Nateeka M. Gibson, 30, of Tracy Avenue, Batavia, is charged with petit larceny. Gibson was arrested after a larceny was reported at the Kwik Fill at 99 Jackson St. in Batavia. This allegedly occurred at 7:40 p.m. on Dec. 20. Gibson is accused of taking property from the convenience store without paying for it. She was issued an appearance ticket and is due in Batavia City Court on Feb. 11. The case was handled by Batavia Police Officer Peter Flanagan.

Robert William Devos, 31, of South Pearl Street, Batavia, is charged with falsely reporting an incident in the second degree. On Jan. 26, Devos turned himself in at the Genesee County Sheriff's Office on the pending charge. It stems from an incident that occurred at the Citgo Gas Station on Park Road in the Town of Batavia at 6:10 p.m. on Jan. 17. Devos allegedly reported to patrons and store staff that there was "an impending occurrence of an explosion in the store." Devos was processed at the Genesee County Jail and released with a ticket to appear in Town of Batavia Court on Feb. 6. The case was handled by Genesee County Sheriff's Deputy Andrew Mullen, assisted by Deputy Jared Swimline.

Nanette Louise Kappus, 63, of Angling Road, Corfu, is charged with: aggravated driving while intoxicated -- a BAC of .18 or higher; DWI; and driving left of pavement markings. Following a traffic complaint, Kappus was arrested at 6:59 p.m. Jan. 26 on Angling Road in Corfu. She was issued traffic tickets and is due in Town of Pembroke Court on Feb. 11. The case was handled by Genesee County Sheriff's Deputy Kyle Krzemien, assisted by David Moore.

Aaron W. Smith, 32, who resides in Oakfield, was arrested by Wyoming County Sheriff's Deputy Austin Harding on Route 39 in the Town of Castile on Jan. 25. He is charged with aggravated unlicensed operation of a motor vehicle in the third degree. While on patrol, Harding allegedly witnessed a passenger in Smith's vehicle, which was in front of the deputy's car, throw an item out of the moving vehicle. A traffic stop was initiated near Swyers Road. Smith was found to have two active suspensions on his driver's license out of Town of Alabama Court, where he is due at a later date. Smith's passenger was issued a citation for littering on a highway.

Octavio M. Tardy, 54, of Woodside Drive, Bergen, is charged with petit larceny. On Jan. 21 at 4:30 p.m. Tardy was arrested for allegedly stealing items from the Dollar General Store at 412 E. Main St. in Batavia. Tardy was issued an appearance ticket and is due in Batavia City Court on Tuesday (Jan. 28). The case was handled by Batavia Police Officer Christopher Lindsay.

Tonya M. Weber-Jackson, 35, of Liberty Street, Batavia, is charged with petit larceny. On Jan. 20 at 7:35 p.m. Weber-Jackson was arrested for allegedly stealing items from the Dollar General Store at 412 E. Main St. in Batavia. She was issued an appearance ticket and is due in Batavia City Court on Feb. 4. The case was handled by Batavia Police Officer Wesley Rissinger, assisted by Officer Adam Tucker.

Press release:

The Batavia Police Department is investigating a robbery that occurred in the parking lot of Pizza Hut on Jan. 24 at approximately 7:38 p.m. The victims had gone to the lot to meet with a potential buyer of items the victims were selling online when the robbery occurred. It is believed the potential buyer is the suspect in this case.

The suspect was armed with a blunt object at the time. The victims were not injured during the incident. Further information can not be released at this time due to the ongoing investigation.

The Batavia Police would like to remind citizens the Batavia Police Headquarters rear vestibule, located at 10 W. Main St., is a certified SafeTrade Station. This means members of the public wishing to buy or sell online items, can conduct the sale with the other party in a safer spot than a parking lot or house.

The vestibule area is monitored by surveillance cameras/police personnel and a direct phone connection to the Genesee County Dispatch Center is available. More information about the SafeTrade Program can be found here.

Anyone with information in reference to the case may contact: Detective Sergeant Matt Lutey at 585-345-6311, or the Batavia Police Department at 585-345-6350, the confidential tip line at 585-345-6370, or online here.

A white male who stole a Spectrum Cable pickup truck from a location in the Town of Batavia on Saturday night and then evaded capture during a pursuit on Oak Street is still at large, according to the Batavia Police Department.

The police are asking the public's assistance in identifying the suspect.

The incident began about 11:30 p.m. when the Sheriff's Office received a report of a stolen work truck.

An officer in the City of Batavia observed a white Ford F-150 with the Spectrum logo on its doors traveling on Washington Avenue.

The officer followed the vehicle onto West Main Street while confirming with dispatchers that the vehicle in question was the stolen vehicle.

The officer attempted to conduct a traffic stop on the stolen vehicle at the intersection of Olyn Avenue and Holland Avenue. The suspect fled northbound on Holland, continuing northbound on to Oak Street before making an abrupt right turn at Charles Street.

The subject then drove through all the backyards of the houses located on the north side of Charles Street, damaging fences, vehicles and the yards.

The work truck then emerged through the driveway of 70/72 Oak St. damaging vehicles and a house. The vehicle traveled westbound across Oak striking and significantly damaging three vehicles in the driveway of 69 Oak St.

At that point, the operator then fled the area on foot.

Deputy Chris Erion and K-9 "Frankie" responded for a search of the area while state Troopers helped establish a perimeter.

Despite an extensive search, the suspect was not located.

The suspect was described by witnesses to be a white male, with long hair, wearing a black hooded sweatshirt and a black backpack.

There were no reported injuries as a result of the incident. 

The Batavia PD press release suggests investigators have a possible name for the suspect but are looking for additional information to confirm the identity. Anybody with information that may assist the investigation is asked to contact Det. Jason Ivison. Ivison can be reached at (585) 345-6370.

Press release:

State Senator Chris Jacobs received the Republican nomination for the special election to Congress from Western New York’s now-vacant 27th Congressional District seat.

 “I’m honored by this opportunity and I want to thank the county chairs and my fellow candidates,” Jacobs said. “Western New York needs a strong advocate in Congress who will stand with President Trump and get results for the American people.”

“Governor Cuomo is doing all he can to hand this seat to the Democrats, but I’m prepared for the fight,” Jacobs said. “I’ve got a track record of winning tough races and delivering real results for this community and we’ll win this race by focusing on strengthening the future of Western New York by creating an environment for job growth, defending our borders and preserving our shared values and ideals.” 

About Chris Jacobs
Chris Jacobs is a conservative reformer, small businessman and New York State Senator representing Erie County in Western New York. First elected to the Senate in 2016 and re-elected in November of 2018, Chris has been a strong voice for Western New York, fighting against policies driven by New York City political interests that are harmful to the region. He has also been a strong advocate for government reform. The first piece of legislation Chris introduced in the Senate was term limits for all state elected officials.

Prior to his election to the Senate, Jacobs was the first Republican clerk elected in Erie County in 40 years. As county clerk, Jacobs was credited with reforming the operations of the Office’s Real Estate Division, which had fallen into dysfunction. Jacobs drove dramatic efficiencies and revenues throughout the Clerk’s Office without increasing the number of employees. He was also credited with building the clerk’s “Thank A Vet” Program, now the largest veterans discount program of its kind in the entire state. As clerk, he also ran Erie County’s Pistol Permit Division, where he received an accommodation for his strong defense of Second Amendment rights, especially during the passage of the New York SAFE Act.

A small business owner, Jacobs is the founder and owner of Avalon Development. Founded in 2002, Avalon has redeveloped many vacant and historic buildings in Western New York. Chris has received numerous awards for bringing older buildings and the communities around them back to life. His projects have focused on providing unique and affordable space for small businesses to thrive. Jacobs’ business experience is one reason he believes that small business creation and growth is critical to the region’s comeback.

Jacobs' first job after college was working in Washington, D.C., for former Buffalo Congressman and Buffalo Bills quarterback Jack Kemp. In 1994, Jacobs returned home to Western New York to start the BISON Scholarship Fund, a charity that raised donations to help send children to private and religious schools. BISON will be celebrating its 25th Anniversary this fall, over that time providing scholarships for more than 20,000 children throughout Western New York. Jacobs believes that all children in America, no matter their income or their address, deserve an education of the highest quality.

Jacobs grew up in Western New York. He is married to Martina Jacobs and they have a daughter, Anna. He is a graduate of Boston College and has an MBA from American University in Washington, D.C., and a law degree from SUNY Buffalo.

Daniel Jon Lewis, 23, of Genesee Street, Lima, is charged with fourth-degree grand larceny. Lewis was arrested Jan. 23. He is accused of stealing a vehicle from the 5000 block of Clinton Street Road in Batavia at 8:39 a.m. on Jan. 3. He was issued an appearance ticket for Feb. 6 in Town of Batavia Court, at which time he will be arraigned. The case was investigated by Genesee County Sheriff's Investigator Chad Minuto.

Jennifer Ann Clarke, 22, of Beckwith Drive, Pembroke, is charged with stalking in the fourth degree and second-degree aggravated harassment. She was arrested Jan. 23. She is accused of sending several text messages and making several phone calls to an individual after being told to stop contacting that person. Clarke was arraigned in Pembroke Town Court on Jan. 23 and then was released under supervision of Genesee Justice. Clarke is due in Pembroke Town Court again on Feb. 4. The case was handled by Genesee County Sheriff's Deputy Mathew Clor, assisted by Deputy Erik Andre.

Another proposal by Gov. Andrew Cuomo to shift local revenue to the state coffers has come to light: Cuomo is proposing eliminating the local share of video terminal lottery money from facilities such as Batavia Downs. 

That would mean a $440,000 loss in revenue for the City of Batavia, $200,000 for Genesee County and $160,000 for the Town of Batavia.

Local officials are not pleased.

County Manager Jay Gsell has a laundry list of complaints about new mandated expenses in funding. This is just an extra burden for the county to shoulder.

Gsell said what he called a "bait and switch" on Aid to Municipalities funding where county sales tax proceeds will replace direct state aid, cuts in community college aid, and no reimbursement for early voting expenses.

"NYS counties will be gathering in Albany next Monday through Wednesday to gain more insight and develop resolution and position papers for the upcoming 2020 NYS legislative session," Gsell said. "The sentiment so far coming from the executive branch is disheartening and discouraging and fraught with peril from my perspective only three weeks into the new Genesee County budget year."

City Manager Marty Moore said the news of the VLT cuts comes at a bad time -- just as the city is wrapping up its own budget process.

"The loss of the VLT money is tough considering we balance the general fund to the penny," Moore said.  "Our feeling is obvious -- please put it back."

He called on state officials to enter into some dialogue and communication with local governments and listen to the impact the cuts will have locally.  

Since Batavia Downs doesn't pay any local property tax, the VLT money helps offset the expense of hosting the facility in the county, the town, and the city.  The facility needs support for crowd control at major events, police protection, fire protection, health and safety support, along with the roads that get people to and from the gaming casino.

"I do think it's important that our operations are supported by the money that comes along with it to help pay for some of the expense," Moore said.

In a budget statement, the governor's office justifies the cuts by the suggestion that local municipalities receive more in "VTL Impact Aid" (the formal name of the program) than it costs to host the facility.

This category of State aid was created to support assumed local service needs associated with hosting VLT facilities, but the revenue benefits of hosting a facility outweigh any associated costs. Further, not all municipalities that currently host VLT facilities receive aid through this program and the State does not provide additional "impact-type" aid for other types of facilities which may have similar local public service impacts as VLT facilities, including community colleges, SUNY campuses, and State office buildings. Accordingly, the Executive Budget eliminates VLT Aid outside of Yonkers, which is the only municipality receiving this aid to direct the funds to educational purposes.

It's been a point of pride for Western OTB officials for years that the facility supports the counties that oversee the facility with VTL money. 

Henry Wojtaszek, Western OTB CEO, said he will be closely monitoring the proposal.

"We work well with local governments and understand that these VLT aid monies substantially help them," Wojtaszek said. "We hope that local elected representatives will listen to the concerns of our host municipalities and work towards the best possible outcome."

Both State Senator Michael Ranzenhofer said they will work to protect the local share of VTL funds.

"This cut in aid is unacceptable," Ranzenhofer said. "At a time when the governor is proposing more unfunded mandates on our local governments, these reductions will have devastating impacts on our local taxpayers.  The governor is attempting to fill the budget deficit, that he created by overspending, through cutting crucial funding to Genesee County communities."

Hawley said, "The Governor needs to look toward actually cutting spending (that’s what real families and businesses do). We have a self-inflicted $6.2 Billion deficit (we spent that more than we took in). Why in the world would he look to take money that is shared with our local communities (which helps keep our local taxes lower than they would be without this money)? He’ll be hurting our local communities."

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James E. Tripp, 58, of Batavia, is charged with three counts of possession of a sexual performance by a child, a Class E felony. The incident allegedly occurred Oct. 13, 2017 and he was arrested by NYS Police Troop A in Batavia on Jan. 21 and arraigned at 10:08 a.m. in Town of Batavia Court. He was issued an appearance ticket for a later date, unspecified, in Batavia Town Court.

Kyle A. Mancuso, 27, of Ellicott Street, Batavia, is charged with: unlawful imprisonment; harassment in the second degree; and criminal mischief in the fourth degree. Mancuso was arrested Jan. 19 following an investigation of a domestic complaint that occurred that morning at 3:29 a.m. on Ellicott Street in Batavia. He was arraigned in Batavia City Court and was due there again today (Jan. 23). The case was handled by Batavia Police Officer Sean Wilson, assisted by Officer Jordan McGinnis.

Brian J. Miller, 38, of Harvester Avenue, Batavia, is charged with: second-degree harassment; criminal mischief; and criminal obstruction of breathing. Miller was arrested after a Jan. 12 domestic incident on Harvester Avenue. He was arraigned in Batavia City Court, released on his own recognizance, and is due back in court Jan. 30. The case was handled by Batavia Police Officer Felicia DeGroot, assisted by Officer Alec Roberts.

Johnathan Brice White, 27, of Buffalo Street, Bergen, is charged with falsifying business records in the first degree and criminal contempt in the second degree. On Jan. 23, White was arrested. It is alleged that White made a false entry into the business records at Genesee County Jail by using the personal identification number belonging to another inmate. It is also alleged that White's intention to defraud was to conceal his identity while violating an order of protection. He was issued an appearance ticket for Jan. 28 in Batavia City Court. The case was handled by Genesee County Sheriff's Deputy Travis DeMuth.

Phillip P. Heale, 41, of Woodrow Road, Batavia, is charged with second-degree criminal contempt. Heale was arrested Jan. 15. He is accused of violating an order of protection barring him from contacting the protected party at 11:27 p.m. Jan. 15 on Washington Avenue in Batavia. He was issued an appearance ticket for Batavia City Court and is due there Feb. 4. The case was handled by Batavia Police Officer Peter Flanagan.

Franklin Dean Cook, 37, of Ridge Road, Elba, is charged with first-degree criminal contempt. He was arrested Jan. 22 on an arrest warrant out of Elba Town Court that was issued Jan. 15. It is alleged that on Jan. 8 on Ridge Road in Elba that he violated a stay away order of protection. He was arraigned in Elba Town Court and is due back in court on Feb. 26. The case was handled by Genesee County Sheriff's Deputy Kenneth Quackenbush, assisted by Deputy Andrew Mullen.

Travis James Schultz, 31, of Webber Avenue, Oakfield, is charged with driving while intoxicated -- first offense, and refusal to take breath test. Schultz was arrested following an investigation of a hit and run accident that occurred at 12:59 a.m. Jan. 19 on West Main Street in Batavia. Police located the suspected vehicle involved and arrested Schultz, who was released with appearance tickets. He is due in Batavia City Court on Feb. 5. The case was investigated by Batavia Police Officer Nicole McGinnis, assisted by Officer Sean Wilson.

Christopher M. Sims, 31, of Batavia, address not provided, was arrested by Wyoming County Sheriff's Deputy William Asquith on Jan. 21 on Silver Lake Road in the Town of Perry. Sims was allegedly found to be operating his vehicle while the registration was suspended for an insurance lapse. He is charged with operating a vehicle with a suspended registration. Sims was released on an appearance ticket for Town of Perry Court and he is due there at a later date (unspecified).

Plush Kevin Dozier, a 23-year-old Monroe County resident facing a possible lengthy prison term on arson and attempted murder charges, now has a chance to make bail after appearing in Genesee County Court today for the first time in 2020.

New state rules on bail for defendants who have not yet been convicted of a crime took effect Jan. 1, requiring judges to release detainees without bail unless they're accused of a qualifying offense. In those cases, the judge must set the least restrictive amount of bail or bond possible. 

What is "least restrictive" is for the judge to decide.

Dozier is charged with qualifying offenses but is now entitled to some opportunity to make bail.

In this case, Judge Charles Zambito set bail at $100,000 cash, $100,000 bond, or $200,000 partially secured bond.

Previously, Dozier was held without bail, and since his arrest in June, Dozier's confinement has been eventful. He reportedly became more than the Genesee County Jail could handle, so he was transferred to Attica, where he was reportedly held in solitary confinement.

During his confinement, Dozier allegedly damaged jail property and a patrol vehicle, following an outburst in court, and is facing new criminal charges stemming from those alleged incidents.

Dozier is accused of setting a fire at a residence on Maple Street, Batavia, on June 15, and attempting to kill one of the residents there.

The bail review for Dozier followed a hearing where defense attorney Thomas Burns challenged the sufficiency of the grand jury hearing that led to Dozier's indictment on attempted murder and arson. The hearing in July 2018 was during a period of time when a court stenographer was improperly making audio recordings of grand jury proceedings.

The stenographer was using a device on her machine that allowed an audio recording to activate while she typed on her stenography machine. Even though she has 33 years of experience as a court reporter, the technology she was using was fairly new and the issue had never been raised with her before.

The fact that she was recording the proceedings was discovered by happenstance when Assistant District Attorney Shirley Gorman inquired about a transcript on a particular case and the stenographer mentioned she had an audio recording she could check. Gorman immediately informed District Attorney Lawrence Friedman.

The discovery led Friedman to notify the attorneys for a number of defendants. Some of the attorneys have challenged the grand jury proceedings. In all cases so far, Zambito has denied motions to vacate the grand jury proceedings.

Burns had a novel argument today, however. He elicited testimony from the stenographer, Susan Ryckman, that there is a small mic, about the size of a dime, attached with a wire to her machine. That mic would then be potentially visible to witnesses and grand jurors, which might cause them to wonder if the proceedings were being recorded. There is also apparently a mic on her laptop that may actually be the one activated when she is taking stenography.

Grand jury proceedings are supposed to be secret and the identities of witnesses protected.

After questioning whether, under the circumstances, the transcript from the Dozier proceeding could be relied on as accurate, Burns argued that witnesses might not testify as truthfully if they thought their statements were being audio recorded, or that grand jurors may ask different questions, or not ask questions, because their voices might be recorded.

There is no way of knowing, Burns said, if witnesses and jurors noticed the potential for recording and, if they did, if that altered their behavior in any way. 

"The very presence of an electronic recording device could have a negative effect and a detrimental effect on the grand jury process," Burns said.

Burns acknowledges he was being speculative but he said Friedman would also be speculating to argue otherwise.

Friedman said there was no speculation on his part.

"Our position is based on the facts," Friedman said. "The court reporter has 33 years experience and even she doesn't know where the microphone is (on her laptop) and she indicated there is no light on the mic when it's on. There is no evidence to support that speculation. Otherwise, we rely on the court's numerous other rulings."

Zambito said he will make his ruling at a later date.

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A Batavia woman who stole more than $350,000 from elderly people was making progress until recently on paying restitution, according to District Attorney Lawrence Friedman.

Heidi L. Schollard, 47, of 161 Bank St., was ordered in 2012 to make restitution payments of $500 a month.

Friedman said records indicate Schollard made more than 100 payments, reducing the amount she owes to her victims from $350,729.40 to $335,290.11.

Then the payments stopped.

So she was ordered to appear in court today.

She didn't show up.

A warrant was issued for her arrest.

In 2017, Schollard was having trouble making restitution payments and asked to have the restitution order amended. Judge Charles Zambito kept her restitution at $500 a month.

Schollard stole the money from two elderly victims between 2006 and 2011. She pled guilty in 2012 to three counts of grand larceny, 3rd, which are Class D felonies, and a single count of grand larceny, 4th, a Class E felony. She was sentenced to the maximum possible prison term by then-County Court Judge Robert C. Noonan.

A sometimes Corfu resident facing three felonies for alleged strangulation, who has friends and relatives in at least three other states, has a better chance of making bail following a bail review hearing today in Genesee County Court.

Fifty-year-old Jerrol Paul Newell was described in court today by Assistant District Attorney Shirley Gorman as a man who has moved from state-to-state -- Florida, Ohio, North Carolina, even Hawaii -- with a spotty employment history and a lifelong problem with alcohol.  

She said Newell has had multiple DWI arrests, including a felony arrest in 2004, plus a DWI arrest in April where he had a BAC of .20 in the middle of the afternoon and allegedly left the scene of an accident. He also had a forgery conviction in 1996. He owes, she said, $39,000 in back child support payments, and is facing more than $9,000 in restitution from his recent accident.

Newell also lied, she said, to Genesee Justice about owning a home in Corfu.

His previous bail was $50,000 cash, $50,000 bond or $300,000 partially secured bond, which was set by Justice Donald O'Connor in December, before new bail rules took effect, in the Village of Corfu Court.

Newell's attorney, Thomas Burns, asked for either release on Newell's own recognizance or $5,000 bail, citing his client's ties to the community and Newell's own and his family's limited resources. 

Gorman said considering Newell's history, she didn't find the bail set in village court to be excessive. 

"He has an alcohol problem that leads the defendant to exercise extremely poor judgment that could lead him to leave the jurisdiction, especially when he has connections outside the jurisdiction," Gorman said.

Gorman noted that Newell is facing three Class D felony charges of strangulation and his sentence on each charge could be consecutive. She suggested the physical evidence against Newell, including photographs, is compelling.

Judge Charles Zambito, citing New York's bail reform rules, said he was obligated to set the least restrictive bail so he reduced Newell's bail to $7,500 cash, or $7,500 bond, or $75,000 partially secured bond.

In Genesee County Court yesterday, Quinten Edmonds, of Rochester, admitted to killing Michael R. Paladino outside of Paladino's Ross Street residence on June 1 after Paladino tried to come to the aid of a woman he apparently believed Edmonds was assaulting.

With the guilty plea, Edmonds avoids a trial next month and gets a sentence cap of 20-to-life in state prison. The possible maximum sentence for the Class A1 felony is 25-to-life.

According to District Attorney Lawrence Friedman, Edmonds made no other statements in a court other than admitting to his crime as Judge Charles Zambito read the facts contained in the grand jury indictment before pleading "guilty."

Edmonds will be sentenced at 9 a.m., Feb. 19.

Gov. Andrew Cuomo's proposal to cap increases on Medicaid spending at 3 percent at the county level could cost Genesee County another $2.3 million over the next four years.

That's just a rough guess, said County Manager Jay Gsell.

He called Cuomo's accusation that counties are spending on Medicaid with a "blank check syndrome" since the county share of Medicaid was capped in 2012 a "lie." He said the attempt to shift the burden for increases on Medicaid to counties is "voodoo economics for 2020" and using the maneuver to shift the cost of the state's deficit spending to county taxpayers a "Ponzi scheme."

“The Medicaid system has to be fiscally sustainable,” Cuomo said during his 2021 budget address. “If it is not fiscally sustainable then we accomplish nothing.”

New York State is facing a $6.1 billion budget gap due in large part to rising costs of Medicaid, a health insurance program that serves the poor, elderly and disabled.

Since the state capped county expenses, the state's share has increased $20 billion.

“That’s the blank check syndrome,” Cuomo said Tuesday. “We are signing the check and they’re filling out the amount.”

All Medicaid expenses, Gsell said today, are the result of state mandates. The county has no control over how much Medicaid costs or how much expenses increase.

The increases are a result of NY, as mandated by Albany, offering among the most generous Medicaid benefits package in the Union, and an increase in enrollment of Medicaid-eligible residents under the Affordable Care Act.

There are now 13,300 Genesee County residents enrolled in an ACA medical plan (not all are Medicaid eligible) compared to 8,800 five years ago.

"The State about eight to 10 years ago promised to takeover Medicaid administration from the local DSS districts, which still hasn’t occurred," Gsell said. "It now appears easier to pick a 'fall guy' – NYS counties – for the ongoing quagmire since 1966 that -- unlike in 48 of the other U.S. states -- New York State has bought into lock, stock, and barrel. I have yet to be told that we NYS Counties are making up our own benefit levels for this entitlement, enrolling masses of ineligible recipients, promoting fraud, waste, and abuse and essentially not doing our jobs. That is a figment of someone’s imagination in Albany. It is a lie and convenient dodge for a problem of the State government’s own making."

Photo: File photo of Gov. Andrew Cuomo.

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Brandon Lewis, owner of The Firing Pin in Bergen, didn't travel to Virginia this weekend to become a bit of a celebrity.

He just wanted to support fellow gun owners in a state facing potential gun laws as restrictive, or perhaps more so, than what has already been imposed on New Yorkers.

"In this day and age, we could never stand up against the government with all of their drones and tanks but this shows where we came from," Lewis said tonight during his drive back from Virginia.  "The government is us. The government is of the people and by the people and for the people and it's good to remind them of that, that there is a Second Amendment, which is a kind of check and balance."

Lewis brought with him his Barrett M82A1 rifle, a .50 caliber semi-automatic rifle, which is nearly five-feet long and weighs 29.7 pounds.

"I guess it's a certain eye-catching firearm and that was kind of the point," Lewis said. "If we're going to go, let's bring something we have and I know every time I bring it out to the shop, everybody drops what they're doing.  

"I didn't think it would be quite as popular as it was," Lewis added. "I thought I'd get some thumbs up and some high-fives but it got crazy at times."

As soon as one person asked to take a picture of Lewis, 10 more would join in, he said.

He's been featured in the Washington Post, New York Post, and the Virginia Mercury. 

Lewis said he made the trip for two reasons: One is gun owners in Virginia are facing a new restrictive gun law that appears to have support of the Virginia Legislature (Virginia is apparently dealing with the same kind of urban domination of rural counties that has beset New York) and there is also a law that would all but ban indoor ranges.

Lewis, of course, operates an indoor range.  

He said it's his understanding the law would either say indoor ranges need to be government-owned or that 90 percent of the customers would need to work for a government agency, such as police departments or the military, which, Lewis fears, would lead to range owners collecting data on users of their facilities that would then become data accessible by the government.

The rally was attended by an estimated 22,000 gun rights advocates and news reports indicate it was peaceful and without incident.

Lewis said he and his wife Anna-Marie were among the last to leave. As they were heading out of town, they listened to a public radio station that apparently has offices overlooking the public space where the rally was held. He said the announcers noted that the protest area was the cleanest they had ever seen it following a rally.

"We kind of took a Boy Scout attitude of 'leave no trace,' " Lewis said. "I don't know if that came from the organizers, the Virginia Citizens Defense League, or people just took it upon themselves but at the end, it was police-trash time and everybody picked up their garbage."

Photo: By Ned Oliver/Virginia Mercury. Used with the permission of the Virginia Mercury.