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A Batavia man is a suspect in the theft of guns from a firing range in Bergen and may face federal charges.

Morgan R. Coles, 20, of Jackson Street, was arrested Wednesday at his residence following the execution of a search warrant and he was charged with criminal possesion of a weapon in the first degree for allegedly possessing 10 or more firearms.

Last week, 14 guns were stolen from The Firing Pin. Chief Deputy Jerome Brewster said all of the guns reported stolen were recovered at Coles' residence.

While additional state charges may be pending, particularly those related to the break in at The Firing Pin, Brewster said investigators at ATF, who assisted in the investigation, are also considering federal charges against Coles.

Brewster believes Coles intended to sell the guns rather than stockpile them for himself.

Whether Coles has the contacts to move such merchandise is unclear. Brewster said he had a minimal criminal record.

Asked how investigators came to make an arrest so quickly, Brewster said, "Good police work."

"The right people," Brewster said. "The right individuals.

"I'd be the first to tell you," he added, "we were lucky, but you can't solve anything if you're not out there doing your job, asking questions; but there was a little bit of luck involved, and, yeah, it was good, concentrated police work."

Investigator Brad Mazur led the investigation. Members of the Local Drug Task Force, which is involved in most major investigations, also assisted.

Coles was jailed without bail.

The recent success of the Genesee County Fair is encouraging organizers to push for even more growth, including adding two days to the fair schedule in 2019.

One more day at the start of the week and one more day at the end would give parents two more weekend days to bring their families to the fairgrounds.

It's worked for Wyoming County, Sue Duyssen (the one speaking in the photo), a member of the Ag Society's Board of Directors, told the Human Services Committee during an annual review of the agencies efforts at Monday's meeting.

"We think that's why Wyoming County has such good attendance, when patrons can come out, spend those extra days together," Duyssen said. "We'll try it and see if it works and if it doesn't we can go back to the old schedule."

The fair is one of the few in the state that has managed to increase revenue over the past couple of years, Duyssen said. This year leaders of Downstate county fairs visited Genesee County to see how the Genesee County Fair was doing it.

The final attendence count for 2018 was 35,000.

So impressed are fair officials from throughout the state with the success of Genesee County that the annual conference of the state's fair managers will be at Batavia Downs this weekend. From 60 to 75 people will attend, staying in local hotels.

It's possible, Duyssen conceded in answering a question from Legislator Shelly Stein, that some of the local fair's success is tied to the end of other annual carnivals in the area, such as Stafford and St. Joe's.

At the same time, the combination of the fair's growth and number of fewer festivals through out the state, has prompted a vendor that is considered among the top ones in the industry to contact the local fair to see about participating in 2019.

Duyssen didn't name the vendor or say what kind of service it provides, but she said it is one that board members have wanted to attract for years.

Off-season activities continue to be an important source of revenue for the fairgrounds, including dog shows, horse shoes and competitions.

A perhaps little known source of revenue is the use of buildings on the fairgrounds as winter storage for RVs, boats, and golf carts. The Ag Society charges $10 per foot plus a set-up fee of $100 if you bring our vehicle or craft to the storage within a specific four-day window. The fee is $200 if you want an appointment outside of those four days.

That's a bargain, Duyssen said, over what storage facilities in Buffalo charge.

Stein also asked if there was a chance of making the fair parade a "real parade" again by running it on Route 5. Duyssen said Assemblyman Steve Hawley has said he will work with the fair board to make that happen.

"Don't it always seem to go, that you don't know what you've got 'til it's gone," Joni Mitchell told us in "Big Yellow Taxi."

The Stumblin' Inn is gone and Sunday, for seven hours, bands, fans, friends, and family gathered in Elba to celebrate a bar that was more than a watering hole, it became a community icon and second home for nearly every local musician.

"We didn't have a clue until the day of the fire," said Jim Goff, manager of the Stumblin'. "The day of the fire it's like we started to realize, with all the stories and people crying that we meant a lot to these people. We never thought about it or knew and then the day of the fire and then ever since then it's just been love."

The event at the Elba Fire Hall, with a tent and stage behind the fire hall and another stage in side, was a fundraiser for Jim and his brother Stork Goff, owner of the Stumblin' Inn. The funds will help them defray clean-up costs of the building site and any extra will help with any of their personal expenses.

The most recent count available from event organizers was $21,000 raised but that was an hour before the event ended.

"The support is unbelievable," Jim Goff said. "The love. It's a love fest. You know, it's awesome, the talking all day, hugging, kissing. It's been a really enjoyable day and hopefully we gave the folks some good music."

Savage Cabbage was there, a band that played the Stumblin' dozens and dozens of times over the past 20 years.

"There are people here I haven't seen in 20 years, some of the ones from the earlier days of the band," said Savage Cabbage member Frank Starowitz. "To see this kind of turnout today, you know, the sadness of losing the Stumblin', it's heartfelt. It almost brings a tear to your eye just seeing the melted the sign and the paint from the bathroom wall with the guys and all the stuff, the memories, and the times, it's like, you know, it's so sad it hurts. But, you know, we all come together for beers to support Jim and Stork."

The first hotel built at what became 1 S. Main St., Elba, was erected in 1815. It burned down in 1874. The next hotel opened its doors in 1875. It was known over the years as the Elba Hotel or Swartz Hotel. Steve Goff purchased the building in 1979 from the Zambito family and opened the Stumblin' Inn.

Jim ran the bar and as a music fan, he soon established what amounted to an open-door policy for bands and musicians to play in the bar, making the Stumblin' a haven for local muscians.

The Stumblin' Inn was destroyed by fire July 8.

The bar was also a community gathering place. Many people had their first beer there, including Starowitz.

"That was when I first turned 18 I started drinking at the Stumblin'," Starowitz said. "I'll be 55 tomorrow. So many years of good times drinking and having fun at the Stumblin' Inn."

Frank Zambito pretty much grew up in the Stumblin' Inn. His father was one of the owners. He and his wife gave framed prints of a picture by local artist Pat Burr of the 19th century version of the Swartz Hotel.

"I used to walk home from school with my cousin Chuckie Ajello," Zambito said. "We always stopped and walked in and my father would give us a grape pop and send us on our way. There's a lot of good memories. There's the time the Rochester Royals were there -- the basketball team in Rochester -- I remember going to see them. My father was friends with the owner."

Music was a big part of life at the Elba Hotel when the Zambitos owned it, Frank said, just as it was with the Goffs, but it was also always a place to meet up with friends.

"It was always a landmark," Zambito said. "You would always go by and look to see if you recognized any cars and if you recognized a car you might stop and have a drink with them. On Sunday mornings, we used to have  a fantasy football league. We'd always stop and then submit our teams. It was always a social place people could go and have a good time."

Zambito wasn't surprised by the turnout at the fundraiser. So many people had so many memories of the great old place, and such fondness for the Goffs, that of course they would show up.

"You know, they just want to be a part of it again," Zambito said. "I'm just sad that the place is gone but I'm glad that no one got hurt. And, Jim and Stork, they'll be all right. Everybody will be alright. It'll be worked out that way."

Top photo: Jim Goff with his daughter Jess Kertman and his granddaughter, Cali, age 5.

Peggy Zambito, Jim Goff, Frank Zambito.

A 29-year-old Darien Center man, Alexander Seegar, has been arrested by federal authorities and charged with receipt and possession of child pornography.

According to a press release from the office of U.S. Attorney James P. Kennedy, Seegar posed as a 16- or 17-year-old boy and sexted 10- to 12-year-old female students in a school in Niagara County. The defendant used the Instagram profile “davidlissachi” to communicate with the girls and ask them for sexually explicit photos.

The complaint also states that Seegar was found in possession of numerous photos containing child pornography.

The charge carries a minimum penalty of five years in prison and a maximum of 20 years and a $250,000 fine.

Seegar appeared in Federal Court before U.S. Magistrate Michael J. Roemer today to answer the charges and enter a not guilty plea.

The criminal complaint is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in Charge Gary Loeffert, and the Lewiston Police Department, under the direction of Chief Frank Previte.

New York State Police based out of Troop A, Zone I, conducted a Sobriety Checkpoint in the Town of Darien as well as a dedicated DWI patrol in Genesee County, Friday night Sept. 28, into Saturday morning, Sept. 29. Two people were arrested for DWI during the detail and are to appear in the Town of Darien court at a later date: Sarah E. Convis, 32, of New Woodstock; and Pamela S. Bradshaw, 46, of Pennsylvania. In addition, Daryl L. Ford, 31, of Niagara Falls, was arrested for fifth-degree criminal possession of marijuana after being stopped for traffic infraction. He was also charged with second-degree aggravated unlicensed operation. He was issued an appearance ticket to return at a later date. Also, Jerard L. Cramer, 31, of Buffalo, was arrested for: felony first-degree aggravated unlicensed operation; unlawful possession of marijuana; driving without required ignition interlock device, and numerous other vehicle and traffic infractions. He was arraigned and released to appear in court at another date.

Melody J. McMaster, 47, of Washington Avenue, Batavia, is charged with trespass. At 10:15 a.m. on Sept. 23, McMaster was arrested on Harvester Avenue in the City of Batavia. She had previously been advised not to be on the property by police prior to this incident. She is due in Batavia City Court on Oct. 2. The case was handled by Batavia Police Officer Jason Davis, assisted by Officer Darryle Streeter.

Rachel Britanny Soloman, 26, of North Lake Road, Pembroke, is charged with: criminal contempt in the second degree; endangering the welfare of a child; obstruction of governmental administration in the second degree; and resisting arrest. Solomon was arrested as a result of an investigation into a reported violation of a court order. It is alleged that she violated an order of protection by being at the residence of the protected party on Meadville Road on the Tonawanda Indian Reservation at 11:15 a.m. on Sept. 29. She allegedly became uncooperative during the investigation and her actions place a child in danger. She was arrested, arraigned in Town of Alabama Court and jailed in lieu of $10,000 cash bail. The case was handled by Genesee County Sheriff's Deputy Richard Schildwaster, assisted by Deputy Jeremy McClellan.

Michael L. Jennings, 54, of Jackson Street, Batavia, is charged with owning an unlicensed dog. He was arrested at 6:41 p.m. on Sept. 21 and issued an appearance ticket. He is due in Batavia City Court on Oct. 9. The case was handled by Batavia Police Officer Catherine Mucha.

Marc C. Cook, 28, of Church Street, Basom, is charged with failure to appear. He was arrested and arraigned on Sept. 29 in Batavia City Court on two arrest warrants for failure to appear in city court. He was jailed in lieu of $1,000 cash bail or bond. He was due in city court today (Oct. 1). The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Marc Lawrence.

Jaequele M. Tomlin, 23, of Main Street, Le Roy, and Darazian W. Williams, 25, of Hutchins Street, Batavia, are both charged with unlawful possession of marijuana. Tomlin and Williams were arrested for allegedly possessing marijuana during an investigation following a traffic stop. This occurred at 6:18 p.m. on Sept. 28 on Ellicott Street in Batavia. The defendants are due in city court on Oct. 9 to answer the charge. The cases were handled by Batavia Police Officer Catherine Mucha, assisted by Sgt. Dan Coffey.

Press release:

On Sunday, Sept. 30, at about 4 p.m., a shop lifting took place at Tops supermarket. The suspect attempted to steal 12 cases of Tide Pods. The suspect was confronted by staff, and then fled the scene on foot.

It was believed the suspect may have fled to the Tonawanda Creek bank. Genesee County Sheriff Deputy Erion and K9 Destro were requested to assist in the search. The search was unsuccessful. Attached is the best picture available at this time.

The City of Batavia is asking for the community’s help in identifying the suspect. If anyone has information please contact Officer Lawrence at (585) 345-6350.

(Initial Post)

A manhunt is underway in the city for a would-be shoplifter who fled Tops Friendly Market within the last half hour, abandoning a cart with items he allegedly intended to steal.

Customers followed him and city police joined the pursuit, which had been by South Lyons Street and wound up in the vicinity of the old sewer plant off South Main Street. 

State troopers and Sheriff's Deputy Chris Erion and canine Destro (in photo above) are also searching the area. 

The only description of the suspect at this point is that he's a white male wearing a black plaid shirt and possibly eyeglasses.

UPDATE 4:52 p.m.: The suspect is described as being in his mid-40s, balding, and also wearing jeans and white sneakers.

UPDATE 5:20 p.m.: The manhunt continues with Destro and his handler, Deputy Erion, focusing on the north side of the Tonawanda Creek.

UPDATE 6:06 p.m.: The manhunts continues, with a BOLO that's updated to say the suspect has on a red hoodie over a long-sleeved shirt, dark pants, and "bright shoes."

Christine M. Jones, 31, of Hutchins Place, Batavia, is charged with illegally disposing of items (unspecified) at 9:45 a.m. on Sept. 26 on State Street. She was arrested and given an appearance ticket for illegal dumping. She is due in City Court on Oct. 4. The case was handled by Batavia Police Officer Kyle Krtanik, assisted by Officer Frank Klimjack.

Jeremy J. Alwardt, 29, of Church Street, Le Roy, is charged with second-degree criminal trespass and second-degree harassment. He was arrested at 7:50 p.m. on Sept. 26 after a disturbance during which he allegedly forced entrance into an individual's porch and struck the person. He  was arraigned and jailed in lieu of unspecified bail and was due in Batavia City Court on Thursday. The case was handled by Batavia Police Officer Stephen Cronmiller, assisted by Officer Chad Richards.

Adam A. Alwardt, 30, of Willow Street, Batavia, is charged with fourth-degree criminal mischief. He was arrested at 7:06 p.m. on Sept. 24 on Willow Street in Batavia after a domestic incident wherein he allegedly damaged property belonging to another person. He was arraigned and jailed on $1,500 cash or bond and was due to return to City Court on Tuesday. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Jamie Givens.

A male who lives on Chick Road in Darien, no other information provided, was arrested at 8:20 p.m. on Sept. 26 on Chick Road following a domestic incident. The household member is charged with third-degree menacing and second-degree harassment. He is scheduled to appear in Darien Town Court on Oct. 23 to answer the charges. The case was handled by Genesee County Sheriff's Deputy Kevin Forsyth, assisted by Deputy Erik Andre.

Megan Elizabeth King, 24, of Fisher Road, Alabama, is charged with driving with a BAC of .08 percent or more and DWI -- first offense. She was arrrested at 9:39 p.m. on Sept. 26 on Main Road in Pembroke following an investigation into a motor-vehicle accident that occured on Route 5 in the Town of Pembroke on July 26. It is alleged that King was operating the vehicle with a BAC greater than .08 percent. She was issued an appearance ticket for Pembroke Town Court and is due there on Oct. 4. The case was handled by Genesee County Sheriff's Deputy Travis DeMuth, assisted by Deputy Chad Minuto.

Kevin J. Fickel, 37, of State Street, Batavia, is charged with petit larceny. He was arrested at 7:15 p.m. on Sept. 23 at Tops market after he allegedly exited the store without paying for several items. He is due in City Court on Oct. 2. The case was handled by Batavia Police Officer Stephen Cronmiller, assisted by Officer Jamie Givens.

A total of 14 firearms were taken from the Firing Pin shooting range in Bergen shortly before 11 o'clock last night, according to an incident report issued this morning by Deputy Ryan DeLong of the Genesee County Sheriff's Office.

The building at 8240 Buffalo Road was forcibly entered. All the stolen weapons -- including firearms, rifles and shotguns -- have been entered into the state and national databases, and local, state and federal law enforcement agenices have been notified.

The offenses commited at the Firing Pin include: third-degree burglary -- illegal entry with intent to commit a crime; grand larceny in the fourth degree; and grand larceny in the third degree -- property value exceeding $3,000.

There are no similar crimes reported in Genesee County.

Sheriff's Investigator James Diehl is designated to lead the case and anyone with information is asked to call him at (585) 345-3000, ext. 3571.

Anthony A. Leone, 50, of Jackson Avenue, Batavia, is charged with criminal possession of a controlled substance in the fourth degree, a Class C felony, and criminally using drug paraphernalia in the second degree, a Class A misdemeanor. On Monday evening, Sept. 24, Genesee County Sheriff's deputies Kyle Krzemien and Howard Wilson responded to the area of BJ's Wholesale Club on Lewiston Road in Batavia following a report of a suspicious male in the area of the store. Following an investigation, Leone was allegedly found to possess a quantity of crack cocaine and drug paraphernalia. He was arraigned in Batavia Town Court and jailed without bail. The investigation is ongoing and additional charges are pending. The deputies were assisted by members of the GC Local Drug Task Force.

Falicia Noel Tuczai, 27, of East Bethany -- Le Roy Road, Stafford, is charged with second-degree harassment -- physical contact. She was arrested at 9:24 a.m. on Sept. 24 on Ellicott Street Road in Bethany. It is alleged that following a verbal argument, Tuczai bit a male victim, causing physical injury. She was released on an appearance ticket and is due in Bethany Town Court on Oct. 23. The case was handled by Genesee County Sheriff's Deputy Jeremy McClellan, assisted by Deputy Christopher Erion.

For the first time since 2007, the August unemployment rate for Genesee County is below 4 percent, hitting 3.5 percent this August.

The rate hasn't been that low or lower since 2000 when it was 3.4 percent in August.

Genesee County's unemployment rate hasn't been as low as 3.5 percent in any month since May 2001.

The rate in August 2017 was 4.2 percent.

The total labor force for Genesee County in August was 30,400 with 1,100 people out of work and actively looking for work.

In August 2001, there were 31,900 people in Genesee County in the labor force with 1,200 looking for work.

New York State's unemployment rate is 4.1 percent, down from 4.9 percent a year ago. The national unemployment rate is 3.9 percent, down from 4.5 percent a year ago.

Nationally, the economy has added jobs for 95 straight months.

A 35-year-old parolee from Rochester was charged robbery in the second degree after allegedly carjacking a sedan this morning and leading police on a chase through city streets that reached 65 mph.

The suspect, identified as Constantine D. Murrell, reportedly threatened a 76-year-old woman at the Kwik Fill at Jackson and Ellicott streets and took her car from her. 

The woman was not hurt but did call emergency dispatch immediately.

Officers Frank Klimjack and Kyle Krtanik spotted a vehicle matching the description of the stolen car on Liberty Street and used their patrol cars' emergency lights to signal for it to stop. The driver is accused of not stopping and instead fleeing at a high rate of speed.

The chase came to an end when the stolen vehicle struck another car at Redfield Parkway and Richmond Avenue, which cause it to careen into a tree and the recently installed sign at the entrance of VA Medical Center.

The car then caught on fire.

Batavia Fire Department responded to extinguish the fire and Murrell was taken into custody without further incident. 

He is also charged with unlawful fleeing a police officer, 3rd, and several traffic violations.

Police report that besides the damage to the car, the sign at the VA Center was significantly damaged.

No injuries were reported.

Murrell was ordered held without bail.

Assisting Batavia PD were State Police, the Sheriff's Office, the District Attorney's Office, City fire, and Public Works.

(Initial Report)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

"What's some?" Henning asked.

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

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

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

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

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

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

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

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

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

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

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

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

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

Next time, bench warrants

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

The people are ready for trial, Cianfrini said.

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

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

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

Then the neighbors called the law.

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

Update on Maya

Meanwhile, Maya had a big day today.

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

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

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

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

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

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

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

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

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

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

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

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

He described the project as "weatherizing."

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

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

His son David is assisting with the restoration project.

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

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

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

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

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

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