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     Robert Gerety

Robert Richard Gerety (right photo), 45, of Chestnut Street, Batavia, is charged with criminal contempt in the first degree and criminal obstruction of breathing. He was arrested following an investigation of a domestic incident that occurred at 9:28 p.m. on April 18 on Chestnut Street in Batavia. He allegedly grabbed a female acquaintance by the neck in violation of an order of protection. He was subsequently found to have an outstanding warrant for failure to appear in Batavia City Court. After arraignment, he was processed at the jail and allegedly found to possess a crack pipe, according to the police report. So he was charged with criminal use of drug paraphernalia. He was held without bail and is due in Batavia City Court on May 9. The case was handled by Batavia Police Officer Kevin DeFelice, assisted by Officer Christopher Lindsay.

      Latoya Jackson

Latoya Denise Jackson (right photo), 33, of Vine Street, Batavia, is charged with criminal possession of a weapon and second-degree assault. At 10:20 p.m. on April 20, Batavia police responded to a Vine Street residence for a physical disturbance call. After investigation, Jackson was arrested for allegedly cutting a male with a knife. She was arraigned in Batavia City Court and jailed without bail. She was due back in city court on April 22. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Peter Post.

Kishonti D. Williams, 28, of Harvester Avenue, Batavia, is charged with: driving while ability impaired by drugs -- first offense; aggravated unlicensed operation in the third degree; operating a motor vehicle while using a portable device; and unlawful possession of marijuana. On April 22 at 11:22 a.m. Williams was stopped on Route 5 in the City of Batavia for a vehicle and traffic violation. Following a roadside investigation, Williams was arrested. At the jail, GC Sheriff's Deputy Eric Meyer, a Drug Recognition Expert, administered a Drug Influence Evaluation and concluded Williams was impaired by drugs. He is due in Town of Batavia Court on May 16. The investigation was handled by Deputy Ryan Delong, assisted by Deputy Meyer.

John Roderick Benton, 61, of Colby Road, Darien, is charged with: Felony DWI -- operation of a motor vehicle while having a BAC of .08 percent or more, with a prior conviction within 10 years; felony DWI with a previous conviction; and failure to keep right. It is alleged that at 1:39 p.m. on April 21 on Tinkham Road in Darien that Benton drove up to a GC Sheriff's deputy and made an inquiry then immediately drove off. The deputy observed Benton unable to maintain his lane of travel and a traffic stop was conducted. Benton was subsequently arrested and issued appearance tickets for Town of Darien Court, where he is due to appear on May 7. The case was handled by Genesee County Sheriff's Deputy Richard Schildwater, assisted by Kevin McCarthy.

Patrick J. Michael, 38, of Batavia, was arrested by the City of Batavia Police Department on April 14 on an active Warrant of Arrest issued by the Wyoming County Family Court. Michael was wanted for failure to pay child support. Michael was turned over to the Wyoming County Sheriff’s Office where he was arraigned in the Village of Warsaw Court and put in Wyoming County Jail in lieu of $3,000 cash bail or bond.

Robert R. Richmond, 55, of Columbia Avenue, Batavia, is charged with trespass. At 4:43 p.m. on April 20, Richmond was arrested on North Street in Batavia after he allegedly entered a building to use the restroom after previously being avvised that he is not welcome on the property. He was processed and released on an appearance ticket. He is due in Batavia City Court on April 30. The case was handled by Batavia Police Officer Peter Post, assisted by Officer Mitchell Cowen.

Genesee County's unemployment rate in March was 4.6 percent, the lowest March rate since at least 1990.

The rate a year ago was 5.4 percent.

The county's labor force is reportedly 29,100, down 100 people from a year ago. The number of county residents with jobs is reported at 27,800, up 200 from a year ago. The number of residents seeking employment is 1,300, down from 1,600 a year ago.

In 1990, there was 30,800 residents in the labor pool with 29,200 holding jobs.

The unemployment rate in March for the GLOW region is 4.9 percent, down from 5.8 percent a year ago and also the lowest recorded rate since 1990.

The state's unemployment rate is 4.1 percent, down from 4.6 percent a year ago and nationally, the rate is 3.9 percent, down from 4.1 percent a year ago.

Above, mugshots of Brandon Joseph Welch after his arrest in October.

A former Batavia resident is being held accountable starting today for the "horrific" treatment of a tortured and starving puppy after City Court Judge Robert Balbick sentenced Brandon Joseph Welch to immediately begin serving two months in Genesee County Jail, and a total of three years probation.

Welch made his sixth court appearance this afternoon, flying in from his parents' house in Florida, accompanied by his mother. His attorney is Rochester-based Frank Ciardi.

The native of Suffolk County pled guilty earlier this year on the misdemeanor charges of falsely reporting an incident in the third degree (for claiming he found the starving puppy); torturing/injuring/not feeding an animal. The charge of owning/harboring an unlicensed dog was not mentioned, so apparently it was dropped.

Welch was arrested Oct. 18 after a warrant was served at his apartment at 679 E. Main St., following a tip from a witness.

"Opal" -- so named by Volunteers For Animals at the shelter -- is a fawn and white colored pitbull mix who was a few months old and weighed only 9.2 pounds when rescued on Oct. 4 after she was found by a Good Samaritan in Stafford. The dog was not able to stand on her own and was covered in urine and feces, and was severely dehydrated and malnourished.

Opal subsequently received nourishment, medical treatment, grooming and exercise while in foster care and was later adopted.

A Class D felony charge of making a terroristic threat, for Welch's alleged threat to shoot the first cop who came to his residence, was dropped because the cooperation of two witnesses, who live in another part of the state, proved problematic.

Today Ciardi articulated all that his client is going through to get his life together. He noted the lengthy pretrial period and that his client always showed up for court appearances. He noted that he has found suitable employment as a diesel mechanic trainee in Florida.

Welch moved to the Sunshine State after initially staying with his grandparents, who live on South Fairview Avenue, in the Village of Montauk, Town of East Hampton, Suffolk County -- on the Long Island Peninsula.

Ciardi said his client has availed himself of mental health treatment and is making progress all around after changing his lifestyle.

"He lacked the mental health to have a life that's fulfilling," Ciardi said.

The defense attorney reminded Balbick that Welch's offenses are misdemeanors. He argued against any incarceration, which Genesee County Probation recommended, and was against his client serving probation in Genesee County since he has no ties here.

"Jail would serve no purpose; it would bring him back down," Ciardi said, and put the brakes on the diesel mechanic career path Welch is pursuing.

The defense attorney even suggested that sentencing be postponed altogether until a course of mental health treatment was completed. He said it would be good if his client could continue his employment as a novice truck mechanic in Florida and have probation oversight transferred there.

Barring that, at least have it transferred to Suffolk County -- Welch could move back to his grandparents' place or make other living arrangements there where he was born and raised and has extended family.

Ciardi questioned whether Genesee County Probation actually read the two-page addendum to his client's presentencing report from Suffolk County, which recommends no incarceration and positively notes the good measures Welch is taking to get his life in order.

He strongly disputed Genesee County Probation Department's assertion that Welch took no responsibility for his actions.

"He took full responsibility -- for lying to police, for his poor choices, for putting his family through this," Ciardi said. "He has no prior record."

Balbick outright dismissed the notion of adjourning sentencing. The judge said the allegations against Welch were serious and he agreed that some incarceration was warranted.

But the game changer was Welch's decision to up and move to Florida before his case was adjudicated, essentially removing himself from Balbick's jurisdiction. This did not sit well with the judge at all even though he broke no law in doing so.

The prospect of getting a probation department in Florida to make room for the oversight of a misdemeanor New York case is not a given. It would be a complicated, lengthy and uncertain landscape to navigate.

By removing himself from New York State, it "exponentially complicated" his case and thereby put the terms of his probation on "shaky ground," Balbick said.

"That move to Florida really put the court in a bind," Balbick said.

When asked if he had anything to say on his behalf, a tearful Welch -- dressed in a long-sleeved red, white and navy plaid shirt, with navy pants and black dress shoes -- told Balbick that he's making progress in his life and that his "dream job" of becoming a diesel mechanic means everything to him. He would be devastated, he said, if he lost the opportunity he currently has in Florida.

The judge called a recess in order to contact the GC Probation Department to be sure they had read the addendum in the presentencing report from Suffolk County.

Welch walked from the podium that's in front of the judge to the gallery and sat next to his mother and cried and sniffled for 30 solid minutes.

When the case was recalled at 3 p.m., Ciardi and Welch stood at the podium and the judge told them that GC Probation confirmed they had read the addendum but still recommended a period of incarceration and he agreed with them.

Welch stood with his shoulders hunched and his arms crossed tightly across his chest.

"Your move to Florida complicated this matter tremendously," Balbick told the defendant. "What you did to (that animal) was horrific. There has to be accountability for the injuries and mistreatment. That's why you find yourself here in this situation."

Balbick proceeded to sentence Welch to "shock probation" of 60 days in jail starting right then and there. He said while he's incarcerated, he has no problem with getting probation transferred to Suffolk County, NY -- Florida is out of the question. Welch's probation will end on April 22, 2022.

Other stipulations:

• He must notify his probation officer of any change in address, employment, treatment, education;
• Get job training or a job;
• Pay a $200 surcharge as required for falsely reporting an incident to law enforcement;
• Pay a $50 DNA database fee;
• Two orders of protection were renewed for two witnesses;
• Allow courts/law enforcement/authoriites to access treatment and mental health records;
• Avoid disreputable people and places;
• Do not use mood-altering drugs or substances;
• Undergo testing as need be;
• Own/harbor NO PETS;
• Get a substance-abuse evaluation from an OASIS-licensed clinician;
• Within four weeks, get a mental-health evaluation;
• Do not possess any firearms.

Welch, looking dejected and sniffling still, asked if he could hand his mother his wallet and mobile phone before being taken into custody. The Sheriff's deputy at hand said no and took the items from him and gave them to his mother in the gallery.

Welch asked if he could step outside the courtroom and speak briefly with his mother and tell her goodbye. The judge said "if it's all right with the deputy." "No" replied the deputy, "we usually don't allow it once you're taken into custody."

With that, the mother cried and mouthed "I love you" and her 23-year-old son, pouting, arms clenched across his chest, eyes downcast, was led away to jail by another deputy to begin his "shock probation."

Below, photo of Opal when she was first brought to the GC Animal Shelter.

Below, Opal after being nursed back to health and ready for adoption, which was successful.

The Jerome Medical Center at Bank Street and Washington Avenue in the City of Batavia has been evacuated after an anonymous bomb threat was received there about 3:30 p.m.

The facility provides urgent care, mammography, laboratory and pathology services.

Law enforcement communications on the scanner have been encrypted -- scrambled.

The threat is under investigation.

UPDATE 4:29 p.m.: Bank Street between East Main Street and Washington Avenue is closed. The housing complex for seniors -- Jerome Senior Apartments -- has not been evacuated, but staff has been informed of the situation.

UPDATE 4:46 p.m.: Additional streets have been cordoned off, establishing a perimeter for the preliminary investigation, said Batavia Police Officer Marc Lawrence. The other junctures closed off are: Alva Place and State Street; East Main and Summit streets; and Washington Avenue and Summit Street. Lawrence said the residents of Jerome Senior Apartments are to be evacuated; calls have been made to those in charge of the residential facility.

UPDATE 5:01 p.m.: Department of Public Works barricades have been put in place at several locations where officers had been posted to close streets off from traffic. The county's Emergency Response Team is at the command post in the parking lot at Alva Place and Bank Street (the site of the summer Downtown Public Market). Two State Police K-9 units are on scene; so are city fire crews.

UPDATE 5:28 p.m.: Officer Lawrence says the residents at Jerome Senior Apartments were told an hour ago to shelter in place. Reverse 9-1-1 calls were placed to people on Washington Avenue, Bank Street and Summit Street.

UPDATE 5:49 p.m.: Two State Police K-9 units went through the medical facility and exited the building a few minutes ago.

UPDATE (By Howard): Photos added. Officer Marc Lawrence said the scene was cleared by the K-9s. Nothing suspicious was found and the urgent care would reopen.

It's been about two decades since Batavia PD had a dog patrolling the city with a qualified handler, but that could change if Federal asset forfeiture funds become available.

Chief Shawn Heubusch is asking the City Council to approve a memo of understanding with Homeland Security for the Federal agency to pay for the purchase and training of a K-9 and handler to work in the City of Batavia.

The new K-9 and its handler would be a member of the Batavia police force but on-call if Homeland Security needed K-9 officers for an operation.

Once the MOU is signed, it becomes a waiting game for funds to become available. Currently, by executive order, President Donald Trump is diverting asset forfeiture funds to the construction of a wall along a portion of the Southern U.S. border.

"This is just the very first step," Heubusch said. "This is not an imminent thing. We’re not going to have a K-9 next week. We’re not going to have a K-9 next month. This is something to get in line for the funding."

Under the terms of the agreement, once the funds become available, Homeland Security to cover the estimated $15,000 in purchase and training costs. The city would be responsible for any other costs associated with a K-9, such as outfitting a patrol car, leashes, food, and veterinary care.

Heubusch said he anticipates setting up a fund to receive donations from the community, much as the Sheriff's Office has done, to cover the additional K-9 costs.

While the Sheriff's Office is soon to have two K-9s on duty, and the Department of Environmental Conservation and State Police have K-9s in the area that sometimes assists local law enforcement, a K-9 in the City of Batavia would greatly enhance the Batavia PDs capabilities, Heubusch said.

"We have a great relationship with all of those agencies and they’ve all helped us out in the past, but you’re talking about response time to get to a situation," Heubusch said. "So if there’s a child missing or if there’s an elderly person missing, that’s time that is ticking away."

The last K-9 officer in the city was Ed Mileham, now retired, now a fire chief in Indian Falls. 

According to Heubusch, Mileham was taken off of K-9 duty when police unions across the state challenged the lack of overtime pay for K-9 handlers because the officers are often called upon to care for their animals while not officially on duty. 

Police departments across the state, Heubusch said, took their K-9s out of service at that point rather than pay overtime. 

If Batavia gets a new K-9, Heubusch told the council that Batavia will follow the example of the Sheriff's Office in providing handlers with time to care for their animals as part of their normal duty shifts.

Mileham said he supports Batavia trying to bring back K-9 patrols and noted, as have other police officers over the years, that "bad guys don't like K-9s."

Heubusch agreed.

"If you go to a scene and there’s a K-9 on scene, there’s a different demeanor from somebody you’re dealing with," Heubusch said.

Batavia's K-9 will be a patrol dog -- not specifically a drug dog or a bomb dog but a general patrol dog.

"It’s all about being able to provide the best service to the community that we possibly can," Heubusch said. "K-9s can be used in patrol interdiction, to get drugs off the street; they can be used in finding people, if you’ve got a lost loved one or somebody that wandered away, you can do tracking with them.

"If you look at (alarms), we respond to numerous burglary alarms in buildings. It takes two or three officers quite a while to clear a building. A K-9 can do it in a fraction of the time at a fraction of the risk."

Matthew A. Oakes, 39, and Kailyn M. Oakes, 24, both of Boston State Road, Hamburg, are each charged with these misdemeanors: three counts of petit larceny; three counts of endangering the welfare of a child; and three counts of sixth-degree conspiracy. Between 11:20 and 11:50 p.m. on April 6, 12 and 15, the subjects allegedly stole several cartons of cigarettes from the Two Eagles Smoke Shop on Bloomingdale Road in Basom. They allegedly had their small child with them on each occasion. The parents were arrested, issued appearance tickets and are due in Alabama Town Court on May 8. The case was investigated by Genesee County Sheriff's Deputy David Moore, assisted by Deputy Joshua Brabon, Sgt. John Baiocco, and NYS Police Officer Michael Machniak.

Kayla Frances Twardowski, 29, of Spencer Court, Batavia, is charged with third-degree attempted grand larceny. Twardowski was arrested at 3 p.m. on April 16 after it was alleged that she allowed two fraudulent checks totaling more than $3,000 to be deposited into her bank account. She was issued appearance tickets and is due in Batavia City Court on May 7 to answer the charge. The case was handled by Genesee County Sheriff's Deputy Chad Minuto, assisted by Deputy Kyle Krzemien.

Michael Scott VanBuren, 51, Wesley Drive, Akron, is charged with: driving while intoxicated; aggravated DWI -- operating a motor vehicle while having a BAC of .18 percent of higher; moving from lane unsafely; speed not reasonable and prudent. VanBuren was arrested at 5:55 p.m. on April 19 on Knapp Road in Pembroke following the investigation of a motor-vehicle accident. He was released on an appearance ticket and is due in Pembroke Town Court on May 14. The case was handled by Genesee County Sheriff's Deputy Mathew Clor.

Gary Alfred Rynkowski, 50, of Thomas Avenue, Batavia, is charged with driving while intoxicated with a BAC of .18 percent or greater; DWI; open container; and inadequate plate lamp. On April 20, Rynkowski was arrested at 2:33 a.m. on West Main Street in Batavia following a traffic stop. He is due in Batavia City Court on May 15 to answer the charges. The case was handled by Genesee County Sheriff's Deputy James Stack, assisted by Deputy Erik Andre.

Ar-Rahmaan M. Jones, 38, of East Avenue, Le Roy, is charged with driving while ability impaired by alcohol and having an open container of alcohol in a motor vehicle. Jones awas arrested at 10:29 p.m. on April 20 on East Main Street Road in Batavia. It is alleged that while a deputy was checking the welfare of a motorist parked roadside on Route 5 in the Town of Batavia, Jones was found behind the wheel of a vehicle with its motor running. At the time, Jones allegedly was under the influence of alcohol and had an open container of alcohol in the vehicle. He was released on an appearance ticket and is due in Town of Batavia Court on May 20. The case was handled by Genesee County Sheriff's Deputy Jeremy McClellan, assisted by Brabon Joshua.

Jordan R. Rose, 18, of Maple Street, Batavia, is charged with second-degree criminal contempt. Rose was arrested after he was allegedly found to have been in the presence of two parties protected by a stay away order of protection at 4:30 p.m. on April 10 on Maple Street in Batavia. He was issued an appearance ticket and is due in Batavia City Court on Tuesday, April 23. The case was handled by Batavia Police Officer Stephen Cronmiller.

Joshua David Capwell, 39, of West Main Street, Batavia, is charged with second-degree harassment and criminal mischief. Capwell was arrested following an investigation into a domestic dispute on West Main Street in Batavia at occurred at 11:45 p.m. on April 18. He was issued a computer-generated appearance ticket and is to be arraigned in Batavia City Court on Tuesday, April 23. The case was handled by Batavia Police Officer Peter Flanagan, assisted by Officer Arick Perkins.

Heidi L. Harder, 43, of Montclair Avenue, Batavia, was arrested on a bench warrant following an unrelated incident. She was located at her residence and taken into custody with incident. After arraignment in Batavia City Court on April 16, she was jailed in lieu of $1,500 cash or bond. She is due to return to city court at a later date. The case was handled by Batavia Police Officer Miah Stevens, assisted by Marc Lawrence.

Willis Floyd Miller Jr., 59, of West Main Street, Batavia, is charged with petit larceny. He was arrested on April 18 and arraigned in Pembroke Town Court at 4:30 p.m. for allegedly stealing tools belonging to his former employer on Dec. 5 on Genesee Street in Pembroke. He was released on an appearance ticket and is due in Pembroke Town Court again on April 30. The case was handled by Genesee County Sheriff's Deputy Kevin Forsyth.

Elizabeth Rose George, 28, of Council House Road, Tonawanda Indian Reservation, is charged with: unauthorized use of a vehicle; leaving the scene of a property damage accident; and moving from lane unsafely. George was arrested on April 18. It is alleged that she drove a vehicle on April 18 without the owner's consent and that she was subsequently involved in an accident at 5:13 a.m. on Bloomingdale Road. It is also alleged that she left the scene of the accident. George was issued traffic tickets and released on appearance tickets. The defendant is due in Alabama Town Court on May 8 to answer the charges. The case was handled by Deputy Travis DeMuth, assisted by Deputy Joshua Brabon.

Brandon Eugene Matteson, 25, of Ellicott Street Road, Pavilion, is charged with endangering the welfare of a child and second-degree harassment. Following a domestic incident that occurred at 7:56 a.m. on April 17 on Ellicott Street Road in Pavilion, Matteson was arrested and arraigned at 11:41 p.m. on April 17 in Le Roy Town Court. He was jailed in lieu of $500 cash or $3,000 bond. Genesee County Sheriff's Deputy Eric Meyer handled the case, assisted by NYS Police.

James A. Chase is indicted for the crime of failure to register a change of address, a Class D felony. It is alleged that this convicted Level 3 sex offender failed to register with the NYS Division of Criminal Justice Services within 10 calendar days any change of address, including Internet accounts, Internet access providers or Internet identifiers. In this case, he is accused of not registering a specific email account. In count two, he is accused of the same crime for allegedly not registering a Facebook account that used the screen name of John Chase. In count three, he is accused of the same crime for allegedly not registering an Internet access provider he used, in this case Boost Mobile. In Special Information filed by the District Attorney, Chase is accused of having been convicted of: the crime of failure to register/verify a change of address, as a Class A misdemeanor, on Aug. 18, 2005 in Batavia City Court; failure to register a change of address, a Class D felony, on Sept. 12, 2005 in Town of Oakfield Court; and failure to register/verify change of address, as a Class E felony, on March 10, 2015 in Genesee County Court.

Jacob J. Camerera is indicted for the crime of criminal possession of stolen property in the fourth degree, a Class E felony. It is alleged that on Nov. 18 in the City of Batavia that Camerera knowingly possessed stolen property, in this case one or more firearms, rifles or shotguns -- a Marlin .22-caliber model 60 rifle.

Despite a shortage of corrections officers, officials have been able to hold down overtime pay at the Genesee County Jail, Superintendent William Zipfel told members of the County Legislature's Public Service Committee on Wednesday.

Zipfel made his report as part of a Sheriff's Office department review with the committee.

Overtime was more than $17,500 less in the first quarter of 2019 compared to 2018, Zipfel said.

The jail is understaffed by six C.O. positions even with three C.O.'s recently completed training and two more in the pipeline.

"We're constantly doing interviews and background checks," Zipfel said when asked about filling the vacancies.

Because of the vacancies, there hasn't been jail staff available to handle inmate transports, so the task has fallen once again to deputies on road patrol.

The prison population continues to exceed the jail's capacity.  

While there has been an average of 16.16 women (who can't be held locally) incarcerated under Genesee County jurisdiction, which is about two more than last year, there has also been an increase of male prisoners who must be housed at other county jails.

The state seems to be contributing to an increase in the jail population because of new policies that have prison inmates being released on parole sooner and then being picked up on parole violations faster. Those parolees, when found in Genesee County, are held locally until transferred to state prison.

The kitchen is also turning out to be another place the jail is saving money, Zipfel said, praising head chef Bill Cultrara. He said last year in the first quarter, the jail served 20,194 meals at a cost of $30,722, or $1.52 per meal. In the first quarter this year, Cultrara and staff served 4,500 more meals but at cost of $1.15 per meal.

Older inmates, inmates with more health problems, more mental health problems, and substance abuse problems, are driving up other costs, such as prisoner transports to the hospital and other health providers.

Sheriff William Sheron told the Legislature that felony and drug cases in the first quarter were on par with 2018.

He said illegal drugs remain a concern, particularly cocaine, heroin, and LSD. He said there seems to be an increase in LSD use among high school students.

For the concert season at Darien Lake, he said one show is sold out, a few more are likely to sell out, and 17 shows of an anticipated 20 to 25 have been announced. He said he anticipates adequate law enforcement staffing for the shows.

The Sheriff's Office is also expecting the construction of a new communications tower in Attica, actually in Wyoming County, which will eliminate dead spots in Pavilion, Alexander and Darien.

Press release:

I believe the local Democratic leadership has lost sight of its responsibility to serve its own constituents. Rose Mary Christian has represented Batavia’s sixth ward for over 28 years. Although I have at times agreed with her on issues and at other times disagreed, I have always respected the fact that Rosemary understands service at the local level and works very hard to serve the residents of the sixth ward. That’s why she’s held her seat for so long. All 28 years she has represented the sixth ward, Rosemary has enjoyed the support of local Democrats. However, that changed this year and it changed for reasons that should trouble any community-minded Batavia Democrat. 

Rosemary was very concerned with the radically liberal abortion/infanticide bill that was passed by Albany and Downstate Democrats and decided to speak out for the unborn. The local Democratic leadership, obviously in lockstep with the radical views prominent in Albany, New York, and Washington decided that an honest objection from a local Democrat who had the courage to speak out was unacceptable. Having endorsed Rosemary just a very few weeks earlier, the leadership decided to rescind her endorsement and suddenly a candidate emerged who tried, unsuccessfully, to challenge her in a primary this June. Isn’t there any loyalty to a local representative who has shown loyalty to her party and her constituents for so many years? Whose interests are to prevail in the Batavia and Genesee County Democratic Party; the local constituents, or the kingmakers in Albany? It looks like the answer is obvious. In addition, I respectfully hope Batavia’s sixth ward Democrats express their independence and send a message to the kingmakers by supporting your long term representative without punishing her for speaking up on an issue that she is passionate about; supporting the lives of the unborn.

If you want a better voice at the local level and an honest commitment to represent your interests first, join our local Republican party. I personally promise that your voice will be heard and respected. We are also committed to doing what’s best for the City of Batavia, even if that requires some sacrifices by our local candidates.

You can contact me or any Republican Committee person and we will happily assist you in making the change.

Sincerely,

David Saleh, Chairman,
City of Batavia Republican Committee

There's nothing "cast in concrete" yet, Information Technology Director Steve Zimmer told members of the County Legislature at the Ways and Means Committee meeting on Wednesday but New York State is considering requiring all counties in the state to segregate the computer networks of elections commissions from any other computer network in the county.

It's not clear yet, Zimmer said, exactly what the state will require but in Genesee County, at a minimum, that might mean a new high-speed Internet line going into County Building #1, where the election commission operates, with new switches, and taking the commission's computers off the network currently in that building.

That will cost at least $20,000, Zimmer said.

What he doesn't know is if he will also be required to install a separate fiber optic from County Building #1 to the main data center to further segregate the elections commission from the rest of the county network.

No official directive has been issued yet but Zimmer expects the state will mandate some change in advance of the 2020 election.

"Everyone is scared to death of the Russian hackers or that something is going to happen with the 2020 election, so the state is coming up with a lot of ‘what ifs’ and 'what do we need to do to improve security in local elections offices,' " Zimmer said.

The town board in Alabama has notified that New York Department of Transportation that it opposes a planned $1.8 million roundabout at the intersection of Route 77 and Ledge Road, the site over the years of numerous accidents.

State officials maintain that roundabouts save lives and reduce high-impact, right-angle, serious-injury accidents but town officials in a letter to the DOT said they believe a roundabout at that intersection will make things worse.

"While it may decrease high-impact accidents," the board members wrote, "it will increase low-impact accidents, which will, in turn, increase the amount of emergency calls for our volunteer firemen."

The letter also raises concerns about farmers moving equipment through the roundabout, plowing it in winter, increased noise from trucks slowing and applying their jake brakes, and the danger of traffic slowing as vehicles approach the roundabout.

"The proposed roundabout will be approximately 30 feet from a residence," the letter states. "This poses a significant safety hazard to this property owner."

The town is also concerned that current equipment cannot properly clear the roundabout during and after snowstorms.

"Is the state going to pay for (the town) to purchase the equipment necessary to maintain it?" the letter states, adding later, "Our own highway superintendent is not in favor of this project. It is very difficult to keep this intersection clear in the winter as it is. Adding a roundabout to the mix will make it even more difficult."

The letter is signed by Supervisor Janet Sage, Deputy Supervisor Kevin Fisher, board members Gordon Linsey, Jill Klotzbach and William Cleveland.

The County Legislature is poised to accept more than $2.5 million in federal grants to help pay for two bridge replacement projects, one in Pembroke and the other in Alabama.

In Pembroke, the current steel girder bridge with a steel grate deck over the Tonawanda Creek will be removed and replaced at a total cost of 2,033,050. A federal grant will pay for $1,651,100 of the replacement with state aid covering $389,200, and the county picking up the final $9,550 of the tab.

In Alabama, the county will replace the Judge Road Bridge over Whitney Creek. The cost is $1,183,000. Federal aid is $946,400, with state aid at $177,450 and a local share of $59,150, which will come from sale tax revenue.

In both cases, the federal aid is capped at 80 percent of the cost of the project.

The Pratt Road Bridge was built in 1971, the Judge Road Bridge in 1978.

Lu Engineers, in Rochester, will be retained as consultants on the Judge Road Bridge at a cost of $162,063.91.

The resolutions for these projects were approved unanimously by the Public Service Committee on Monday and will now go to the full Legislature for approval.

Also on Monday, the committee recommended the county accept a $200,000 grant from NYS Ag & Markets for improvements to the Animal Shelter, which is now 20 years old.

The committee also authorized the transfer, pending full Legislature approval, of $40,000 oil and stone funds to the salt fund. Deputy Highway Superintendent Dave Wozniak said the transfer is necessary to help replenish the road salt supply before the fall and that the transfer would have no significant impact on planned road resurfacing projects this summer. A couple of minor projects, including a parking lot at the County Park, would be delayed for a season.

From the Genesee County Sheriff's Office:

On April 15, former Genesee County Correctional Officer Justin M. Gugel was arrested on two charges: petit larceny and criminal possession of a controlled substance in the seventh degree. Both are Class A misdemeanors.

It is alleged that on Jan. 19 while employed at the GC Jail, Gugel stole a controlled substance from medication which had been prescribed and alloted for an inmate.

An investigation was opened after pills were reported missing following a routine medication count in the jail.

Gugel was issued an appearance ticket and is due in Batavia City Court at 1 p.m. on May 7. The case was investigated by GC Sheriff's Investigator Joseph Loftus.

Jerrol P. Newell, 49, of East Main Street, Corfu, is charged with: driving with a BAC of more than .18 percent; driving while intoxicated; following too closely; leaving the scene of a property damage accident; and unlicensed operation. Newell was allegedly driving on Route 33 when his pickup truck struck another car in the area of Wortendyke Road. The defendant did not stop and continued traveling west on Route 33. The operator whose vehicle was struck followed the pickup and called 9-1-1. Newell was arrested following an investigation then released on appearance tickets. Newell is due in Batavia Town Court on May 16. The case was handled by Genesee County Sheriff's Sgt. Ron Meides, assisted by Deputy Kevin McCarthy.

Frank L. Morrison, 37, of Bank Street, Batavia, is charged with second-degree harassment. Morrison was arrested for allegedly spitting on his neighbor following a verbal argument at 2:38 p.m. on April 13 on Bank Street in Batavia. He is to be arraigned in Batavia City Court on April 30. The case was handled by Batavia Police Officer Miah Stevens, assisted by Officer Marc Lawrence.

Eric Scott Dawson, 29, of 4 N. Spruce St., upper unit, Batavia, is a convicted Level 2 sex offender who is charged with four counts of failure to register a change -- first offense. He is on parole and was being held in Genesee County Jail on a parole violation at the time of his arrest on April 11. Following his arraignment, he was put back in jail on $2,500 bail and is due in Batavia City Court on May 9. The case was handled by Batavia Police Det. Eric Hill.

Leanne Marie Tucker, 47, of Shawnee Road, North Tonawanda, is charged with petit larceny and endangering the welfare of a child. At 6:15 p.m. on April 9, Tucker allegedly stole merchandise from a department store on Veterans Memorial Drive in Batavia while in the presence of a person under the age of 17. She was released on an appearance ticket and is due in Batavia Town Court on May 6. The case was handled by Genesee County Sheriff's Deputy David Moore, assisted by Deputy Kevin Forsyth.

Kara B. Sass, 24, of Coward Road, Byron, is charged with petit larceny. Sass was arrested on April 10 at 7:51 p.m. on an arrest warrant out of Batavia City Court. She was arraigned, then released under supervision of Genesee Justice. She was due back in court on April 11. The original charge stems from a shoplifting complaint at Tops Market in Batavia at 12:53 a.m. on March 30. The case was handled by Batavia Police Officer Miah Stevens, assisted by Officer Jason Davis.

Amanda Lyle Mcewan, 25, of South Main Street, Batavia, is charged with: unlawful possession of marijuana; operating a motor vehicle without stop lamps, and operating a motor vehicle without a proper license. At 11:45 p.m. on April 13, Mcewan was arrested on Clinton Street in Batavia following a traffic stop during which a quantity of THC oil was allegedly found in her possession. She is due to return to Batavia City Court on April 24. The case was handled by Genesee County Sheriff's Deputy Andrew Mullen, assisted by Sgt. John Baiocco.

Ryan James Monnell, 31, of East Oneida Street, Baldwinsville, is charged with unlawful possession of marijuana and a muffler violation. At 1:39 p.m. on April 9, Monnell was stopped on South Lake Road in the Town of Bergen following the observation of a vehicle and traffic violation. It is alleged that Monnell possessed a quantity of marijuana at the time. He was issued an appearance ticket and is due in Town of Bergen Court on May 8. The case was handled by Genesee County Sheriff's Deputy Ryan DeLong.

Iszon C. Richardson is indicted for the crime of second-degree burglary, a Class C violent felony. It is alleged that on Dec. 17 Richardson entered a dwelling unlawfully on Jackson Street in the City of Batavia with the intention of committing a crime. In counts two and three, he is accused of first-degree criminal contempt, a Class E felony, for allegedly intentionally violating a stay away order of protection by being in the presence of the protected party and subjecting them to physical contact or attempting or threatening to do so on Dec. 17. In count four, he is accused of attempted assault in the third degree, a Class A misdemeanor, for allegedly striking the protected party in the face. In count five, he is accused of another count of second-degree burglary for allegedly entering the same dwelling on Dec. 20. In counts six and seven, he is accused of two more counts of first-degree criminal contempt for allegedly intentionally violating a stay away order of protection by being in the presence of the protected party on Dec. 20 and subjecting them to physical contact or attempting or threatening to do so. In count eight, Richardson is accused of second-degree unlawful imprisonment for allegedly restraining the protected party on Dec. 20. In count nine, the defendant is accused of criminal obstruction of breathing or blood circulation, a Class A misdemeanor, by allegedly applying pressure on the victim's neck. In count 10, he is accused of second-degree burglary for allegedly entering the same dwelling on Dec. 20 on a second occasion. In counts 11 and 12, he is accused of first-degree criminal contempt for allegedly intentionally violating a stay away order of protection by being in the presence of the protected party on Dec. 20 and on Dec. 16. In count 13, Richardson is accused of first-degree criminal contempt for allegedly intentionally violating a stay away order of protection by being in the presence of the protected party and subjecting them to physical contact or attempting or threatening to do so on Dec. 16.

Shane C. Anthony and Robert N. Pragle are indicted for the crime of criminal possession of stolen property in the third degree, a Class D felony. It is alleged that on some time between Jan. 2 and Jan. 3 in the Town of Le Roy that the defendants knowlingly possessed stolen property with a value that exceeded $3,000. In count two, they are accused of criminal possession of a controlled substance in the seventh degree, a Class A misdemeanor, for allegedly possessing crack cocaine.

 

Proposed changes to farm labor practices in New York would likely destroy the state's agriculture industry, with a spill-over effect on many other businesses in local communities, and ultimately lead to families getting out of farming, a group of local farms said Wednesday at a press conference at Stein Farms in Le Roy.

The farmers gathered to raise concerns about the Farmworker Fair Labor Practices Act now making its way through the New York State Legislature.

"We're at the point I think where this has the potential to be the single greatest economic devastating effect on agriculture in New York in my lifetime," said Dale Stein, senior partner at Stein Farms.

The bill's chief sponsor and supporter, Sen. Jessica Ramos, from Queens, is in Batavia today, as a guest of Sen. Michael Ranzenhofer, to meet with area farmers and listen to their concerns. The press conference was called in advance of that meeting so farmers could share their concerns with the broader public.

"We just aren't heard now very well by Downstate And it's not they're not good people and don't care. They do. Our people want to work. They don't want 40 hours a week. They don't want eight hours a day as my staff tell me. I don't want to sit home and watch TV. I'd rather come and work. We offer them extra hours if they want they come and work. They don't want us at home. They want to make all the money they can."

Stein, along with Jeff Toussaint, an Albion farmer, and Jim Starowitz, a farm employee in Byron, not only talked about the potential costs of the bill, which would institute new overtime rules, reduce weekly working hours, and other regulatory burdens for farms, but also how unnecessary the bill is because of laws already in place, the above-minimum-wage pay scales in place at farms now, and the desire of farm workers to work while there's money to be made.

The bill would also allow farm workers to join labor unions.

"I'm here to tell you that apples are a perishable crop and I can't emphasize that enough," Toussaint said. "They have to be harvested on time. If apples are left in the orchard too long they become soft and we're unable to store them. In just a matter of a few days of becoming overripe, they can lose 50 to 75 percent of their original value. A strike during harvest season would ultimately be catastrophic."

Starowitz said the increased costs associated with the bill would eventually put a lot of farm workers out of work.

"The costs are an additional $200,000 a year," Starowtiz said. "That equates to an extra $32 a tonne (aka metric ton), or almost a thousand dollars an acre. If all states where there are growers are on the same level, we could pass our cost along like every other business.

"But this is a state law that puts us in a noncompetitive position with other states. It increases labor cost and over time we will be no longer able to raise our vegetables. We'll have to move to a row-crop-only business or close our doors."

Maureen Torrey, co-owner of Torrey Farms, joined the conversation and said besides making it harder for her to compete nationally, the proposed changes will also make it harder to attract farm labor to New York.

"We have a limited pool even of visa workers," Torrey said. "They're going to go work where they can get a minimum of 60 hours or more."

Guillermo Jose Torres-Acevedo, 22, of Batavia, did not appear in Byron Town Court as scheduled this afternoon at 5 o'clock because federal officers picked him up this morning at Genesee County Jail.

He's been in jail since November, accused of taking an underage girl away from her home in Bergen on Nov. 29 and driving her to Pennsylvania.

Torres-Acevedo was arraigned in Federal Court in Buffalo today on a new charge: transporting a minor across state lines for the purpose of engaging in sexual activity.

The defendant is already charged with custodial interference in the first degree, criminal contempt, 2nd, endangering the welfare of a child, plus grand larceny, 3rd, and unauthorized use of a motor vehicle for allegedly stealing the Dodge Journey he is accused of using to transport the girl.

At the time of the November incident, an Amber Alert was issued for the girl, who was later found with Torres-Acevedo at a Walmart in Mansfield, Pa., through a geolocation ping of her mobile phone.

Torres-Acevedo was arrested in Pennsylvania without incident and the girl was returned to her parents.

The girl and Torres-Acevedo knew each other and Torres-Acevedo had already been arrested in connection with his relationship with the girl and issued a stay-away order, which he allegedly violated, leading to a criminal contempt charge.

UPDATE 7:45 p.m.: Press release from U.S. Attorney's Office in Buffalo:

U.S. Attorney James P. Kennedy Jr. announced today that Guillermo Torres-Acevedo, 23, of Batavia, was arrested and charged by criminal complaint with transporting a minor across state lines for sexual activity. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of life, and $250,000 fine.

Assistant U.S. Attorney Stephanie O. Lamarque, who is handling the case, states that according to the complaint, on Nov 29 the Genesee County Sheriff’s Office received a report regarding a missing 14-year-old girl (Victim 1). Surveillance video from Byron Bergen Junior/Senior High School showed Victim 1 exiting a school bus at the school and walking to a blue vehicle and leaving the property. Victim 1 had recently been romantically involved with the defendant.

As a result of this, Torres-Acevedo was arrested and charged by the New York State Police three days prior on Nov. 26 with second- degree rape and second-degree criminal sex act. An order of protection was also issued against the defendant.

Further investigation determined that on the morning of Nov. 29, Torres-Acevedo took his mother’s vehicle against her wishes. The vehicle matched the vehicle that Victim 1 was seen to get into in the surveillance video. As a result, an Amber Alert was issued.

Investigators traced Torres-Acevedo and Victim 1 to a truck stop in Pennsylvania. The Pennsylvania State Police were contacted and located Victim 1 and the defendant in the parking lot of a retail store. Torres-Acevedo was taken into custody, and Victim 1 was returned to her parents.

The defendant made an initial appearance before U.S. Magistrate Judge H. Kenneth Schroeder and is being detained.

The complaint is the result of an investigation by the Genesee County Sheriff’s Office, under the direction of Sheriff William A. Sheron Jr.; the New York State Police, under the direction of Major Eric Laughton; the Pennsylvania State Police, under the direction of Acting Commissioner Lieutenant Colonel Robert Evanchick; and the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert.

The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.

The sound of music will still be heard in Le Roy in the coming school year despite concerns that rippled through choral classes that the Central School District Board of Trustees wanted to scale back the program.

In fact, school officials hit all the right notes in a boardroom packed with music students and parents who came to Tuesday's meeting in response to rumors that a chorus teaching position would be eliminated in the proposed 2019-20 budget.

Board President Jackie Whiting told the group that just as there are six teachers in the music department now, there will be six music teachers at the elementary and middle school/high school next year.

Rather than cutting position, the district is adding the equivalent of two and a half teachers, if the budget is approved by voters, in 2019/20, including a special education teacher specializing in reading for first- and second-graders, and a teacher for business education classes (such as computer science, career and finance, advertising and marketing, and accounting).

Superintendent Merritt Holly indicated that the concerns about the music department seemed to stem from a thorough and exhausting budget process that had the budget and finance committee asking a lot of hard questions about what should stay and what should go and what should be added in the coming school year.

"In our conversations we looked at every area inside this budget to provide a program that is, number one, fiscally responsible, and number two, moves up the level of our students up so they can compete, not only in our region, not just in Western New York and Upstate, but across the country and, in fact, as part of the global economy," Holly said.

Like many school boards, Le Roy's allows a forum for public comment early in its agenda and then the public is not given a chance to speak during board discussions of actual agenda items. So before budget came up for board discussion and the members in attendance actually knew no teachers were being eliminated from the music department, four people stood before the board and made their case for retaining a full complement of music teachers.

Speakers include Rita Pencilla, representing the Music Boosters, Megan Privatera, a senior, Aubry Puccio, an elementary school student, and Matthew Austin, a parent.

They all made points about the importance of music to education, the role music plays in shaping students and improving their grades and test scores, and the importance of Le Roy's music programs to the community.

"We have a large number of students who go on to study music or participate in music after graduation," Pencilla said. "This pattern shows that we are cultivating talent and these students need solid foundations in music before graduating."

She added later, "Many studies support the importance of music education and how it improves language and reasoning skills, and the spatial intelligence needed to solve advanced mathematics problems. Students involved in music education are more successful on standardized tests and get better grades."

Austin admitted he's tone deaf and owns the largest collection of guitars of anybody who can't play guitar, but said he's amazed by the progress he sees over the years of students advancing through the district's music programs.

"I’ve really come to appreciate the teachers because they’re here all the time," Austin said. "They give and they give and they give. They’re not just creating singers or dancers or players. They’re creating future citizens that are going to rock the world."

Before telling those in attendance that the budget did not include music department staff cuts, Whiting explained a bit about the budget process.

"None of the decision making is random," she said. "It’s not rash, and it definately involves our staff. They are the key to what happens here, too. In discussions with staff, scenarios may be thrown out, what if we did this, what if we changed that, what if we thought about this. What would it look like if we had one less staff? And that was a discussion that brought all of you people here today. But it was part of a discussion where there is a lot of options."

The proposed budget is $25,909,998, which is $710,770 more than the current fiscal year.

The state's cap on property tax levies would allow the district to increase its local levy 3.45 percent, said Business Manager Brian Foeller. The district is proposing a tax levy increase of 2.89 percent.

The actual proposed budget has not yet been made available to the public yet but there is a vote scheduled for May 2.

Among the highlights outlined by Holly and staff at Tuesday's meeting is the addition of a reading specialist for first- and second-graders.

"If we don’t have students ready to go at grade level by third grade, then we're fighting an uphill battle in math," Holly said.

He gave credit to Wolcott Principal Carol Messura for advocating for the position, even while he pushed back and challenged her on the need.

"Early intervention is the key and we just do not have enough staff to support that early intervention need down in the primary house," Messura said. "With the addition of a reading teacher, my focus will be my first and second grade. It will make a difference."

High School Principal Tim McArdle made the case for increasing the business instructor core from the equivalent of one and a half teachers to three.

"We've been very methodical with business and allowed the data to speak for itself," McArdle said. "We've looked at the number of students who are interested and who are going to college in this field. We're up now to 140 students for the third straight year, up from below 100, the upper 90s, in previous years."

One piece of consistent feedback alumni give is that they wish there had been more computer science instruction available when they were in school and that every student should take the career/finance course.

McArdle said he hopes to see 90 percent of the graduates with that course on their transcripts.

Holly said he felt now is the right time to expand what the school offers to juniors and seniors in business instruction.

"We’re ready right now to make that next step for our students in offering an elective set at the junior and senior level that I would put up against anybody in our region pound for pound with our student enrollment," Holly said.

Matthew Austin speaking.

Jackie Whiting at the head of the table.

Merritt Holly, superintendent.

At the start of the meeting, Josh Englerth was recognized for his Section V title in wrestling.

From the Le Roy Police Department:

A combination of an unusual set of circumstances, DNA technology and old-fashioned police work led to the arrest of 25-year-old Le Roy resident Patrick J. Gonzales by the Le Roy Police Department.

This arrest announced today allegedly solves a two-year-old burglary, which occurred at 1:58 a.m. on March 16, 2017 on Lake Street in the Village.

The burglary occurred when a person entered the victim's building and stole a safe and other items. At the time of the burglary, the alarm activated but the police were accidentally sent to a neighboring business. Because of this error, the patrols found no burglary and were sitting on Wright Avenue talking when a person allegedly identified as Gonzales walked by them, eastbound on Wright Avenue toward Route 19.

The police recognized Gonzales but had no cause to stop him. Once the patrols were advised they were sent to the wrong business, they checked the correct business and located the burglary along with a fresh set of footprints in the snow eventually leading to a wooded area. The footprints were followed and led to the discovery of both the stolen safe and what appeared to be the perpetrator's jacket buried in the snow.

Both were recovered and the footprints were again followed, which led to the same location and direction on Wright Avenue that Gonzales was seen traveling earlier. The footprints led toward a rooming house on Lake Street, in which Gonzales was living at the time. The same footprints were then found on the property of the rooming house.

Eventually enough cause was developed to petition Gonzales to appear in Genesee County Court for a court-ordered DNA test, which was granted in July of 2018. The DNA was secured and compared to DNA evidence found in the jacket buried in the snow and allegedly matched.

During the investigation, Gonzales left New York State twice but returned the first time to surrender his DNA and then returned this past time to turn himself into the Le Roy Police Department and face the charges.

Gonzales was charged with one count each of the Class D felonies of burglary in the third degree and grand larceny in the third degree. He was arraigned in Le Roy Town Court and released under supervision of Genesee Justice.