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Oliver's Candies to triple its manufacturing capacity by moving kitchen to Elba

By Billie Owens

Oliver's Candies is poised to triple its confectionary manufacturing capacity as it begins operating its kitchen in a newly acquired Elba facility, located at 100 S. Main St. (Route 98).

By this time tomorrow, all the stoves there will be fired up and cooking. It also has a 1,000-square-foot retail store at the front of the property that sells candy, ice cream, coffee and country-style Americana crafts.

The move is a seismic shift for the 80-year-old, renowned local chocolatier and purveyor of colorful ribbon candy, unique sponge candy, and other award-winning sweets.

The entire factory will be based in Elba. The iconic Swiss-chalet-style Batavia store on West Main Street will expand its food service and retail space into the former candy-making areas at the back of the store.

"We've been busting at the seams in Batavia for a couple of years now and we've talked about building onto the existing building (in Batavia)," said Oliver's co-owner and Vice President Jeremy Liles this morning. "We looked at expanding here, but the Tonawanda Creek was problematic and the option was just too expensive."

As it turns out, "We didn't choose Elba, Elba chose us."

He explained that his company owns commercial properties in several locations in Genesee County. They looked at property in Le Roy and Corfu, but the drive time didn't work. The Elba option was only a six-minute commute from Batavia, and although it required an extensive overhaul, Liles said they acted quickly to seize the opportunity.

That was in November.

"It called to us, and we acted fast," he said. "It had a cute barn for the store, loading docks, smooth concrete. We converted the inside; insulated it; added central heat and air-conditioning, put in steel walls that are easy to clean, new hoods for the ovens. Redid the roofs, which were pretty worn. It's nice."

The structure was built as a warehouse; it has served as a produce stand and an ice cream stand and a barn sale site.

The remodeling, relocation of cooking operations, and overall expansion plans will cost Liles "more than I ever wanted to pay" but the growth potential is enormous; it is a shrewdly calculated risk.

"It's very scary -- I've got to sell a lot of candy now," Liles said. "It's a huge change, huge growth, but a lot of opportunity there."

A groundswell of corporate and wholesale customers is driving the expansion. Liles said they are providing a large catalog company with private-label candies and are growing sales in Virginia, North and South Carolina, and are looking at an opportunity in Georgia.

While they are concentrating on manufacturing for the foreseeable future, Liles' vision for the Batavia store is that it keeps its rustic charm and expands the ice cream and coffee customers' seating areas, with great big picture windows overlooking the Tonawanda Creek, with a beautiful roaring fireplace, too.

About a month ago, Oliver's started offering its own custom-roasted coffees. Liles would like to partner with a bakery to sell pastries to go with that coffee in Batavia and Elba. Liles' wife, Sandy, operates the Elba retail store.

"My big dream is to have a drive-thru at both stores," he said.

Liles said now is the company's "quiet time" but by late fall he expects to hire at least two people. And "if Elba takes off," possibly more in both the manufacturing and retail operations.

Meanwhile, there are some cosmetic finishes still needed in Elba, including staining and painting on the outside, and landscaping.

"We've come a long way; it's not 100 percent yet, but we'll get there," he said. "The upstairs is not being used yet. But we have some ideas for the space, like at Christmastime.

"I love doing all this. It's fun, exciting but also very scary."

Top photo: Master candymaker Doug Pastecki and Jeremy Liles.

Law and Order: Batavia man accused of selling drugs to Task Force agent

By Howard B. Owens

Dustin L. Landin, 39, of James Street, Batavia, is charged with two counts of criminal sale of a controlled substance, 5th. Landin is accused of selling a quantity of a controlled substance to an agent of the Local Drug Task Force on two occasions. He was jailed on $2,500 bail.

Antwan Maurice Maye, 35, of 10th Street, Butner, N.C., is charged with criminal possession of a controlled substance, criminal possession of marijuana, criminal use of drug paraphernalia, 2nd, and speeding. Maye was stopped for allegedly speeding on Ellicott Street Road in Pavilion at 2:51 a.m. Tuesday by Deputy James Stack.

Jeanna Marie Hattaway, 31, of West Main Street, Batavia, is charged with petit larceny and criminal possession of a controlled substance. Hattaway allegedly stole $114.09 worth of merchandise from Walmart at 3:01 p.m. on Tuedsay. At the time of her arrest, she was allegedly found in possession of a controlled substance without a prescription.

William Richard Kapelke, 36, of Hutchins Place, Batavia, is charged with trespass and aggravated unlicensed operation, 3rd. Kapelke was arrested following an investigation into a theft at Walmart reported at 3:01 p.m., Tuesday.

Edwin L. Stancliff, 39, of Corfu, is charged with menacing, 2nd, harassment, 2nd, and criminal possession of a weapon, 3rd. Stancliff is accused of menacing a person with a weapon at 10:30 p.m. Tuesday in the Town of Pembroke. The case was investigated by State Police. Stancliff was jailed. No further details released.

Grand Jury: Man indicted for allegedly burglarizing home on Holland Avenue in January

By Billie Owens

Winston A. Lockhart Sr. is indicted for the crime of second-degree burglary, a Class C violent felony. It is alleged that on Jan. 16 on Holland Avenue in the City of Batavia, Lockhart knowingly entered or remained unlawfully in a dwelling with the intent to commit a crime.

Ricardo Sampel Sr. is indicted for the crime of criminal contempt in the first degree, a Class E felony. It is alleged that on April 24 in the Town of Alabama that Sampel, in violation of a duly served order of protection, was in the presence of the protected party. In Special Information filed by the District Attorney, Sampel is accused of having been convicted of criminal contempt in the second degree, a Class A misdemeanor. The Special Information states the defendant was convicted on April 5 in Town of Alabama Court for violating a stay away family offense order of protection and that was within five years of the crime alleged in the current indictment.

Matthew D. Grant is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on Jan. 10 in the Town of Batavia, the defendant drove a 2017 GMC bearing an Ontario, Canada, license plate on the Thruway while intoxicated. In count two, he is accused of DWI, per se, as a Class E felony, for having a BAC of .08 or more at the time. In count three, Grant is accused of aggravated unlicensed operation in the first degree, another Class E felony. In count three, it is alleged that Grant knew or had reason to know that his driver's license was suspended, revoked or otherwise withdrawn by authorities and he was operating the vehicle under the influence of alcohol or a drug. In count four, he is accused of consuming alcoholic beverages in a motor vehicle, a vehicle and traffic violation, and he allegedly did so while on a public highway. In count five, he is accused of moving from lane unsafely, a vehicle and traffic violation. In count six, Grant is accused of leaving the scene of an incident without reporting, another vehicle and traffic violation. It is alleged in count six that he drove the GMC and had cause to know that he damaged property -- a 2015 Ram truck belonging to another person -- and he allegedly failed to stop, and when no police officer was in the vicinity of the accident, he failed to report the incident as soon as physically able to do so at the nearest police station. In Special Information filed by the District Attorney, Grant is accused of having been convicted of DWI, as a misdemeanor, on Jan. 10 in Town of Henrietta Court and that conviction was within 10 years of the crimes alleged in the current indictment.

Chief says armored military vehicle would improve police rescue capabilities at low cost

By Howard B. Owens

Adding a heavily armored vehicle to Batavia PD's fleet of vehicles isn't about taking on a more military appearance, said Chief Shawn Heubusch. It's about saving lives. Even just one life. And at a price the city can afford: free.

Heubusch is preparing a proposal for the City Council so the police department can request a decommissioned, heavily armored vehicle from the U.S. military known as an MRAP, which stands for Mine-Resistant, Ambush-Protected.

"Do we need a military vehicle?" Heubusch said. "No. We need a Lenco Bearcat. We can’t afford a Lenco Bearcat so what we’re asking for is permission to go and ask a decommissioned MRAP to keep our guys out of harm's way when they enter a hostile situation."

The armor can stop penetration by a .50-caliber round and withstand heavy explosives.

"It’s not the military vehicle necessarily that we need," Heubusch said. "What we need is the ballistic protection."

Law enforcement agencies across the country are lining up for these vehicles as the military takes them out of service and gives them for free to law enforcement agencies and even fire departments.

A Lenco Bearcat costs $250,000. The MRAP is free. It can also do something the Lenco Bearcat can't do: drive into high water to assist in rescues.

"Are we getting shot at every day? Absolutely not," Heubusch said. "But the cost of these vehicles compared to the cost of someone’s life is incomparable."

The vehicle would be used by the county's Emergency Response Team, which is headquartered at Batavia PD. Heubusch discussed the idea briefly with the City Council at Monday's meeting and in response to questions said maintenance of the vehicle would be comparable to a snow plow or dump truck and that while no special license is required for a police officer to drive it, there is a recommended instruction course for drivers of the  vehicle.

He'll bring forward a formal proposal for the city to submit an application for the vehicle at a future council meeting.

Heubusch acknowledged that some people might view obtaining such a vehicle as "militarization of civilian police" and he understands the optics of it but said that is a secondary concern.

"We certainly understand that aspect of it, but the brass tacks of it is, if it can save a life, it can save a life," Heubusch said. "I don’t care what it looks like, nor should anyone else if there’s an active shooter in your neighborhood and we need to get you out of your house so no one is injured in your home."

He added, "we’re not going to be patrolling in this vehicle. It’s not an offensive vehicle that is going to have gun turrets mounted on it or anything like that by any estimation. It’s vehicle that would be used, again, as a rescue vehicle, whether it’s to rescue a police officer or civilians from a hostile situation or a natural disaster."

City Council takes up again issue of what to do with 150-year-old house converted to police station

By Howard B. Owens

For at least five years the City of Batavia has been trying to figure out what to do about its aging, deteriorating, ill-suited police headquarters and Monday night the topic was once again on the City Council agenda.

Consultant John Brice, of Geddis Architects, presented the council with three broad options, with price tags in excess of $7 million up to nearly $10 million, and each with their own challenges and pitfalls, not the least of which is the time it will take to complete whichever option is chosen.

Option 1: Remodel the existing headquarters with a public entrance in the back, using all existing floors, without too many significant changes to the floor plan.

Option 2: Remodel the existing headquarters with a public entrance in the front, all police operations confined to the basement and the first floor, the addition of an enclosed sally port and separate entrance in the back of the building for police officers and detained subjects.

Option 3: Build a new police headquarters on a parcel of land yet to be determined.

In 2014, the City formed a task force to study options for a new police headquarters. The task force considered options for remodeling the current location and reviewed a half dozen parcels in the city for a possible new building. The task force favored a location on Swan Street but the city was apparently unable to acquire the property.

The issue languished until now. 

The two remodeling options presented last night were revised from proposals presented in 2014 and the new building plan was a generic layout for a single-story building that would likely change based on the configuration of any parcel of land eventually selected for the building.

Both council members Kathy Briggs and Patti Pacino said it's time to stop stalling, so they favored Option 2 as the seemingly most expedient while also most completely addressing problems with the current headquarters.

"We need to stop kicking the can down the road," Pacino said.

"That's right," Briggs said.

She expressed concern that while it might be nice to build new, the city has already been down the path of trying to find an appropriate location and didn't really find a suitable spot.

Eugene Jankowski, council president, said he was open to Option 2 but favored option 3, building new.

"The first option doesn't do much," Jankowski said. "It might save us a little money but it doesn't solve any issues."

The current police headquarters was built 150 years ago as a mansion for one of Batavia's well-to-do families, the Brisbanes (James Brisbane was one of the founders of Batavia. His son, Albert Brisbane, was a nationally known utopian in the 19th century, and one of his sons, Arthur Brisbane (who married a Cary, another of Batavia's early wealthy families) went on to become one of the nation's most famous newspaper editors, working for William Randolph Hearst in the late 19th and early 20th centuries, and is buried in Batavia.)

The Brisbane mansion eventually became City Hall. When City Centre was built, Batavia PD became sole occupants of the building.

Brice outlined the problems with the Brisbane Mansion: The building's heating, air conditioning, plumbing and electrical are out of date and in need of replacement; its public entrance is up a flight of stairs and doesn't offer good visibility for staff inside; the entrance is less than ideally secure because there is no separate entrance for officers and any detainees they bring in; the building is not compliant with the Americans with Disabilities Act.

"As soon as you touch any of the major systems you must make the building ADA compliant," Brice said. "That's New York State law."

Option 1 doesn't address all those issues. While it would upgrade HVAC, electrical and plumbing, and provide a more visible public entrance but the entrance would still be shared by the general public, police, and criminal suspects. It doesn't provide separate parking for police vehicles and public vehicles. It addresses ADA issues but the elevator would need to do more than just stop on three different floors; it would need to be able to stop on the levels in between floors (the second floor is really five different levels).

The total estimated cost for Option 1 is $6.9 million.

Option 2 puts the public entrance at the front of the building and adds a sally port at the back for safe prisoner transport and storage of the department's emergency response vehicle. It puts all police operations in the basement and on the first floor and leaves the second floor vacant (though the new elevator would still go to the second floor). It addresses many of the safety issues and upgrade issues with the building, but it's still a 150-year-old building originally built as a residence.

The estimated cost is more than $9 million.

Option 3 addresses all of the logistical and safety issues that can't be fixed with a remodel of the existing building but the biggest issue is: where to put it?

The estimated cost is close to $10 million.

"The facility we’re in now is 150 years old," said Chief Shawn Heubusch. "It’s still going to be 150 years old no matter what we do to it. It was not purpose-built as a police station or as a government facility. It’s purpose-built as a residence. It’s been modified over the years but a new build covers all of the requirements we have."

Law and Order: Man reportedly found lying in roadway at 3 a.m. charged with DWAI

By Howard B. Owens

Joshua David Sumeriski, 33, of Buffalo Street, Alexander, is charged with driving while ability impaired by drugs, uninspected motor vehicle, driver's view obstructed, and disorderly conduct. Sumeriski was charged after Deputy Mathew Clor responded at 3:21 a.m. Thursday to Transit Road, Bethany, to investigate a complaint of a man lying in the roadway.

Carrie A. Poray, 40, of Oatka Trail, Le Roy, was arrested on a warrant for alleged failure to appear. Poray was located by the Monroe County Sheriff's Office and taken into custody for failure to appear on two traffic tickets in City Court. Poray was ordered to pay a fine before her next court appearance and released.

Jordan S. Thomas, 19, of East Avenue, Batavia, was arrested on a warrant. Thomas is accused of failing to comply with conditions of supervised release. Thomas was arraigned and jailed.

Joseph D. Berry, 32, of Bank Street, Batavia, is charged with menacing, 2nd, and harassment, 2nd. Berry allegedly held a large rock and threatened to inflict bodily harm to a store clerk at 7-Eleven in Batavia at 8:15 p.m. on June 6. He was jailed on $2,500 bail.

Maya Samanta Wright, 23, of East Ridge Road, Rochester, is charged with harassment, 2nd. Wright allegedly struck a patron of a business on Park Road, Batavia.

Chelsea Lorraine McEwen, 19, of Fleetwood Drive, Brockport, is charged with harassment, 2nd. McEwen is accused of punching another person in the face during an argument reported at 8:53 p.m. Sunday at a location on Bloomingdale Road, Tonawanda Indian Reservation.

Laura Jean Santiago, 55, of Hundredmark Road, Elba, is charged with DWI and driving with a BAC of .08 or greater. Santiago was stopped at 8:56 p.m. Friday on Main Street Road, Batavia, by Deputy Mathew Clor.

William George Horner, 67, of Bank Street Road, Batavia, is charged with criminal obstruction of breathing and harassment, 2nd. Horner is accused of grabbing another person by the throat and applying pressure and pushing that person during an incident reported at 10 p.m. Friday on Bank Street Road, Batavia.

Todd A. Rich, 47, of Webster, and Justin T. Rich, 24, of Webster, are charged with unlawful possession of marijuana. The two men were stopped by State Police at 1:15 a.m. this morning on Route 19 in Le Roy.

Director search underway at Cornell extension, interim director says her job will be 'a delight'

By Billie Owens

In a couple of weeks, Beverly L. Mancuso will visit her brother in Ohio and attend a couple of her nieces' recitals. Once the State of New York releases the retirement funds she long paid into the system, the former executive director of Cornell Cooperative Extension of Genesee County will consider more elaborate travel plans.

"Bev" spent Thursday saying goodbyes at the extension's headquarters on East Main Street in Batavia, winding down the final hours of 16 and a half years of employment there, the longest of her career.

She is dressed in khaki and coral colors, with "bling," as she calls it, to match. Tanned, with an easy laugh and quick mind, her mien is forthright, she is plain spoken, and admittedly unkeen on "micromanaging" adult professionals.

She left on her birthday at the top of her game, with a solid track record of achievement, and an unclouded sky above her.

There are several reasons for that.

Having steeped herself in the machinations of county government for five years prior to Cornell helped, as did a deep dive into the finances of the extension for the two years she served as business manager and associate director prior to landing the executive directorship.

Before that, her expertise in systems administration helped her develop the skills that could bring greater simplicity and clarity to the administrative side of the cooperative extension. For example, she helped craft a shared business network and that took more than six years to build.

"We already had strong programs, so I focused on the administrative side," Mancuso said. "How could we work smarter and do things differently? I tried to make it easy for people to do their actual jobs, so they're not doing busy work."

And always she kept mindful of taxpayers' money, and how she could be more responsible with it.

The days of 25 employees at Cornell extension in Batavia are history, she said, noting that today there are 10 permanent employees.

One idea she has, this daughter of the nation's creator of the first business incubator, AKA the Batavia Industrial Center, is to have a "one-stop-shop for nonprofits, for human service agencies."

"So we can all maximize the limited funding...we've got to be smarter about how we're doing stuff," she said. "It's not going back to how it was, how it used to be."

Another reason for Mancuso's strength of tenure can be traced to a program she is really proud of perpetuating after others launched it: Leadership Genesee.

Developed at the Cornell Cooperative Extension in Batavia, and also unique to it, Leadership Genesee took 10 years to get off the ground.

"It became a force in the community -- all the nooks and crannies -- and what makes it tick," she said. "Every day focuses on a different component of the community. We don't tell them what to think, we just show them how everything works and they make up their own mind."

To date, it has trained more than 500 graduates, including Mancuso, who graduated in its debut Class of 2001.

She says it taught her, among other things, the wisdom to "let go" and allow others to help when a seemingly insurmountable problem arose.

There were 35 people in the latest class and applications for the next one are being reviewed.

The merits of the yearlong program are not lost on area employers.

"A lot of different local employers, they get it, they see the value in it," Mancuso said. "It doesn't really focus on developing traditional leadership skills -- like decision making -- it's about people who really love where they live and gives them an opportunity to see a lot of the things that are going on."

Whether the day's focus is agriculture and farm tours, or economic development and government, or travel and tourism, or nonprofit resources, the range is so broad and the knowledge so finely tuned that the cumulative impact of Genesee-County-as-classroom on the learner is profound, as graduates readily attest.

After completing Leadership Genesee, graduates can apply their skills and knowledge to any area that speaks to them and hopefully be able to make a difference in the community for the better; that's the goal.

"It's the best way for people to learn," Mancuso said. "And really, the issue is, we have bigger needs than we can (adequately) address. Like the opioid crisis."

Her leadership in the leadership program is one reason she was honored as a New York State Woman of Distinction by Sen. Michael Ranzenhofer last month.

Overall, Mancuso says she has learned a great deal by listening to experts in agriculture, which is far and away the main economic engine in this county.

"These guys are so smart," Mancuso said. "(Farming) is so hard. If anybody undersells what they do, it's agriculture. But I've been learning, learning, learning. The people who do this here have such an amazing skill set and they are so brilliant."

She leaves the cooperative extension that helps them, secure in the knowledge that Robin Travis is temporarily in charge.

The interim executive director brings 40 years of experience with the extension and numerous associations in the Finger Lakes region.

The reason why she has come out of retirement for the third time after formally retiring seven years ago to serve in an interim executive capacity is that she has personally seen the positive difference CE makes in people's live -- 4'Hers, homemakers, farmers, business professionals. She also works as a coach to new executive directors, mentoring them.

She has turned down some gigs, but says even though Genesee County is her longest commute -- 92 miles -- it was an easy "yes."

"I look at the strength of the board, their financial position and I look at their programming and how they're doing," Travis said. "And this one is going to be a delight because things are running so smoothly."

Travis planned to meet Thursday afternoon with a senior staff member to do a brief interview to find out what that employee thinks, likes, dreams and would like to see changed or implemented. These one-on-one sessions will continue next week with the rest of the staff.

Travis's part-time job through Sept. 30 is to keep things running as smoothly as Mancuso left them. The executive director position is being advertised and closes July 1. Qualified candidates will be screened through phone interviews and those making the final cut will travel to Batavia for interviews.

A committee, co-chaired by the Board of Directors President Colleen Flynn and the State Specialist and Cornell Representative Renee Smith, oversees the search process.

"I feel strongly that being able to understand our mission and then applying it to everyday life" is key in filling to position, Travis said. "It's a very grassroots organization, so we really try to address the issues that are particular to whatever county we're talking about.

"(The committee) is looking for somebody who knows the mission, who has vision and can see possibilities, and that is not stuck in the past or in what's current, but can really see the future."

Despite the enormous impact of technology on all of the work done at the cooperative extension, it is the relationships with people that are still at the core of everything, Travis said.

"The way you help people change behavior is to form a relationship with them," Travis said.

Those relationships help strengthen the organization's credibility, too, and its accountability.

"The buck stops here," Travis said. "We have the research base; we have the worldwide connection to that research."

Travis is also impressed that Genesee County has a whopping three staff specialists in residence in Batavia, an indication of the power of agriculture in Genesee County: "Expertise at your fingertips."

And Travis's expertise is greatly appreciated by Mancuso.

"She has such a strong background; she knows programs; she knows the system," Mancuso said. "The local piece is different but she already knows and respects that. I think her personality and demeanor are going to play really well here."

Speaking of playing...There were a couple of bottles of beer in a bag on the floor of Mancuso's nearly bare office, parting gifts from colleagues. Maybe she'll sip a cold one while watching "Cold Mountain," which she jotted down as a note to self, following a reporter's suggestion because Mancuso, who is not married, is fond of its star, Jude Law.

He could serve her a cocktail on vacation, say, at Camogli beach in Liguria in Northwestern Italy. She says she would not mind at all.

Grand Jury: Man and woman accused of selling drugs, possessing pot on Park Road, Batavia

By Billie Owens

Pierre M. Humphrey and Asia N. Fedrick are indicted for the crime of criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on Jan. 16 in the area of Park Road, Batavia, that they knowingly and unlawfully possessed a narcotic drug -- cocaine -- with the intent to sell it. In count two, they are accused of the same crime, except the drug was heroin. In count three, they are accused of the same crime as in count one, except the drug was tablets containing codeine and acetaminophen (such as hydrocodone). In count four, they are accused of criminal possession of a controlled substance in the fourth degree, a Class C felony, for allegedly possessing preparations, compounds, mixtures and substances containing cocaine and the aggregate weight of them was one-eighth ounce or more. In count five, the duo is accused of unlawful possession of marijuana, a violation. In count six, Humphrey alone is accused of criminal impersonation in the second degree, a Class A misdemeanor. It is alleged in count six that Humphrey "did impersonate another and did an act in such assumed character with intent to obtain a benefit or to injure or defraud another."

Plans in place to station school resource officers in Alexander, Pavilion, and Pembroke

By Howard B. Owens

By the fall, three deputies with the Sheriff's Office will become school resource officers in Alexander, Pavilion and Pembroke, so the County Legislature is being asked to add three new positions to the Sheriff's Office staff.

Sheriff William Sheron said the three deputies who will become SROs have been interviewed by their respective school districts and approved. He plans to announce their names next week after the Legislature approves the new positions and the contracts with the school districts.

The deputies will join Deputy Matt Butler, serving Byron-Bergen, and Deputy Chad Cummings at BOCES.

Pavilion has budgeted for a deputy serving as SRO for 12 months. Alexander and Pembroke, for 10.

The members of the Ways and Means Committee on Wednesday had questions about what happens with the SROs when school is out of session.

For BOCES and Byron-Bergen, there are events, as well as summer school, where the deputies' presence is possible.

In Butler's case, Sheron said the deputy will also build up a lot of comp time over the course of a school year, primarily from covering sporting events, and that Butler will take his comp time and vacation time during the summer. He will also work some road patrol and assist with Darien Lake security.

This will be the first summer for Cummings since becoming SRO at BOCES.

Each deputy will decide how to balance ongoing school needs, vacation and comp time during the summer, Sheron said.

In the case of the district's with only 10-month contracts, those deputies are more likely to wind up back on road patrol during the summer.

"Historically, both these schools that have them now, started off with 10 months but went to a whole year," said Legislator Gordon Dibble, former chief deputy for the Sheriff's Office. "I don’t think there is any reason these other schools won’t experience the same thing and eventually absorb that cost. I think it’s getting your foot in the door. It’s a lot easier to get your foot in the door for 10 and then add 12 after, from what I've seen."

Patrick McGee, principal at Byron-Bergen High School, attended Wednesday's meeting to discuss his school's experience with an SRO. He said Butler is more than a cop on the beat. He's a mentor, a positive influence, and a deterrent.

"He was at the prom," McGee said. "That’s the ultimate thing — no kids are going to come to the prom under the influence when you have a drug recognition expert. They know he’s standing right there. It’s not to scare them but it is a deterrent to certain behavior."

There's no price you can put on the safety of children, Sheron said, and such deterrence is invaluable.

"That’s the thing with deterrence," Sheron said. "You don’t know what you’re stopping. You’ll never know."

Southside community comes together on Tuesday nights at St. Anthony's

By Howard B. Owens

On a Tuesday night, there is probably no place in Batavia with more positive energy flowing than St. Anthony's on Liberty Street.

The former Catholic Church property is now owned an operated by City Church and for more than a year, church leaders have been opening up the gym and community rooms for basketball, games, an art class, and dance lessons.

And everybody -- white, black, rich, poor, young, old -- is having a good time.

"We're just showing the love of Christ and reaching out in care and love," said Ryan Macdonald, who was running the events last night. 

Ryan is the son of Pastor Marty Macdonald of City Church.

When the doors open on Tuesday night, they're open to everybody, Macdonald said.

He's mindful of some of the issues faced by Southside residents, and some of the negative news about the community recently, including a recent murder on Central Avenue, just a block away, and he said that's why he and other volunteers are there.

"When you create a relationship with an open hand instead of a fist you can get a whole lot more done in a community," Macdonald said. "I think that we could all benefit from reaching out instead of demanding a certain set of rules, so that’s what we’re doing here."

At 7 p.m., all of the activities stop and everybody participating enters the gym for a short message and a prayer before food is served -- in this case, six giant sheet pizzas from Batavia's Original paid for by donations from local businesses.

After reading a Bible verse, MacDonald said, "Somebody asked me not long ago why do you do what you do on a Tuesday night. Here's my answer. The Lord said to those people who asked, 'we never fed you, we never clothed you, we never loved you.' He answered and said these similar words. 'When you did it for those other people, you did it for me.'

"That’s why we’re here tonight because I believe when I honor you, every person in this room, from the greatest among us to the least among us, when I’m honoring you, I honor God himself. That’s why I’m here tonight."

At that point, everybody in the room applauded.

Law and Order: Rochester woman accused of drug possession after allegedly trying to steal vacuum

By Howard B. Owens

Kelly Lyn Widzinski, 35, of Reddick Lane, Rochester, is charged with criminal possession of stolen property, 4th, criminal using drug paraphernalia, 2nd, criminal possession of a controlled substance, 7th, and petit larceny. Widzinski is accused of trying to steal a vacuum cleaner from Target. During the investigation, she was allegedly found in possession of drugs and drug paraphernalia. Widzinksi was allegedly found in possession of stolen property unrelated to Target. She was jailed on $2,000 bail or $4,000 bond.

David W. Weadon, 31, of Telephone Road, Le Roy, is charged with: driving while ability impaired by drugs; driving while ability impaired by the combined influence of drugs; reckless driving; criminal possession of a weapon, 4th; unlawful possession of marijuana; consumption of alcohol in a motor vehicle; tailgating; failure to keep right; unsecured license plate; and unlawful stickers in windshield. Weadon was stopped by a Wyoming County deputy on Route 19, Covington, following a complaint about a vehicle being driven in an unsafe manner in the Town of Warsaw. Following the complaint and the deputy intercepted the vehicle and followed it. The deputy reported the driver was still operating in the same "aggressive" manner. During the traffic stop, Weadon was allegedly found to be drinking alcohol in the vehicle and in possession of an unlawful billy club. He reportedly failed a field sobriety test. He was evaluated for drug use and allegedly found to be impaired by multiple categories of drugs. 

Nicholas Peter Garbarini, 36, of East Main Street, Batavia, is charged with stalking, 4th. Garbarini was charged following a lengthy investigation into a series of incidents at Genesee County Mental Health. Garbarini was held without bail.

Jason Allen McFollins, of Union Street, Batavia, was arrested on a warrant. McFollins turned himself in. He is accused of failing to comply with a court-ordered program by missing a day of that program.

Ricky N. Porter Jr., 27, of Gilbert Street, Le Roy, is charged with aggravated harassment, 2nd. Porter was arrested on a warrant. He is accused of making alarming and threatening statements toward another person over the phone. He was jailed on $2,500 bail.

Raymond J. Radley, 52, of Liberty Street, Batavia, is charged with nine counts of criminal contempt, 1st. Radley is accused of violating a full stay away order of protection between February and May by repeatedly communicating with the protected party. He was jailed without bail.

John M. Carr, 21, of Rochester, is charged with unlawful possession of marijuana. Carr was stopped on the I-490 in Le Roy by State Police at 9:55 p.m. Monday.

Hannah S. Schreiber, 24, of Palmyra, is charged with obstructing governmental administration and disorderly conduct. Schreiber was arrested in connection with an incident reported at 7:22 p.m. Sunday on Alleghany Road in the Town of Darien by State Police. No further details released.

Man caught on Thruway with stolen, loaded handgun sent to prison

By Howard B. Owens

A former resident of Puerto Rico, Kentucky, and Indiana, with a pending serious felony charge in Indiana, who was just passing through Genesee County when he was caught with a stolen, loaded handgun, got little sympathy from Judge Charles Zambito yesterday.

The attorney for Alberto Santos, Michael Locicero, suggested his client might be a good candidate for a probationary sentence, but Zambito was skeptical that Santos would fulfill the terms of such an agreement.

He noted that on every one of the prior criminal cases for Santos in Kentucky and Indiana, a warrant had to be issued for Santos at some point when he failed to turn up in court at appointed times.

Santos pled guilty May 7 to charges of attempted criminal possession of a weapon, 2nd, and criminal possession of stolen property, 4th, and yesterday Zambito sent Santos to state prison for two years followed by three years probation.

A trooper arrested Santos after stopping him Feb. 4 for speeding on the I-90. He found a Sig Sauer Model SP2022 in the vehicle.

"I don't believe you didn't know the gun was stolen," Zambito said. "The fact you were driving 91 miles per hour with a loaded handgun on the Thruway says something about your character and your danger to the community."

Veteran with no prior criminal record given a chance to avoid prison on drug dealing charge

By Howard B. Owens
    Keith Kendrick

One of two men suspected of setting up drug-dealing operations in a residence at 133 State St., Batavia, entered a guilty plea yesterday and faces a maximum possible prison term of more than five years.

Keith R. "Sosa" Kendrick, 26, of Viola Drive, North Chili, an Army reserve veteran, entered a guilty plea to attempted criminal possession of a controlled substance, 3rd.

This is his first criminal conviction and he was released under supervision (RUS) of Genesee Justice. If he does well on RUS, he may be eligible for a probationary sentence and avoid prison if he continues to avoid arrests.

Kendrick was arrested along with Denzel T. Hall, 25, of Stenwick Drive, Rochester, and Donna M. Fidanza, 48, of State Street, Batavia, following an investigation by the Local Drug Task Force.

Hall is charged with two counts each of criminal possession of a controlled substance, 3rd. 

Fidanza, the resident on State Street accused of allowing drug sales in her home, is charged with criminal nuisance in the first degree.

Gypsies may be working a distraction scam in the area

By Howard B. Owens

A recent theft of cash, jewelry, and prescriptions from a home on Batavia Elba Townline Road and another attempted similar burglary on Indian Falls Road over the weekend has gotten the attention of the Sheriff's Office and Chief Deputy Jerome Brewster says local residents should be on the watch for Gypsy scammers in their neighborhoods.

In the Townline Road case, a dark-skinned man came to the front door of a 96-year-old resident and said he was there to investigate a problem with a telephone line behind the house.

When the resident and the visitor went behind the house, two other people, who had apparently been hiding in the car, entered the house and stole items.

In the case on Indian Falls Road, a person knocked on the door and said he was there to see about cutting down some trees behind the house.  Somehow, he talked the resident into walking behind the house. At which point, at least one person entered the residence. In that case, nothing was stolen.

In both cases, the visitors arrived in a white Kia. The Kia is missing a front plate and likely has an out-of-state back plate.

Brewster said the operation matches a well-known scam run by Gypsies who pass through the area occasionally. He said they are most likely staying at a motel in a neighboring county. They don't usually stay in the county where they are conducting their scams.

They will approach residents, usually elderly residents, with any number of stories to try and talk the resident into walking to the back of the house so confederates can enter the residence and make off with whatever valuables they can easily grab.

While there have been no reports of similar crimes in the city, he said city residents should be vigilant for people who try to talk their way into basements.

He said he isn't sure how the Gypsies select their victims -- whether they case neighborhoods beforehand to identify elderly residents or if they acquire names and addresses online.

Brewster said residents who observe suspicious activity at a neighbor's house, such as one person going to the door and then going into the backyard, followed by two more people getting out of a car and entering the front door -- call the police.

Central Avenue murder suspect denied bail, shooting suspect's bail set at $100K, alleged gun provider's is $50,000

By Billie Owens

Three suspects were arraigned this afternoon in Genesee County Court for crimes stemming from a May 17 incident on Central Avenue in Batavia in which one man was stabbed to death and another man shot with a handgun. All pled not guilty to the charges.

Nathaniel D. Wilson Jr., 30, was ordered held without bail. He is charged with second-degree murder, which carries a maximum prison term of 25 years to life, and criminal possession of a weapon in the third degree.

He was in court represented by criminal defense attorney Fred Rarick, who made routine demands for discovery of evidence and the "bill of particulars" for the crimes alleged.

Motions in the case are scheduled for July 19; answers July 26; oral arugments at 1:30 p.m. Aug. 6.

Wilson made no statement in court.

He is accused of stabbing 41-year-old Jerry J. Toote to death in the confrontation between a group of people on Central Avenue.

Jennifer Urvizu-Hanlon, 48, was granted $50,000 cash bail or bond by Judge Charles Zambito.

She allegedly handed her revolver, which she is licensed to carry, to 17-year-old Samuel Blackshear that night and he, in turn, allegedly shot Wilson in the leg. The owner of La Mexicana store in the Valu Plaza is charged with two counts of criminal possession of a weapon in the second degree, both Class C violent felonies.

The District Attorney's Office asked that no bail be granted in her case and First Assistant District Attorney Melissa Cianfrini told the judge the defendant was harboring Blackshear in her home at the time of his arrest.

Urvizu-Hanlon's counsel, public defense attorney Marty Anderson, told the court his client is a 20-year resident of Genesee County and has been a small business owner here for six years. He noted further that she has no substance abuse issues and no criminal history.

Wearing bright lemon-lime jail clothes, Urvizu-Hanlon smiled wanly as she entered the courtroom with hands shackled at her waist. Petite, about 5' tall, she softly pronounced her name for the judge when prompted to do so.

Anderson asked that she be released into the custody of Genesee Justice.

Zambito said he would not release Anderson's client to Genesee Justice but allowed that bail was appropriate and he asked the people what bail they would prefer for Urvizu-Hanlon. The people suggested $50,000 and the judge agreed to that sum.

The judge also ordered Urvizu-Hanlon to surrender her gun(s) and informed her that her license to carry a concealed weapon in New York State was suspended.

"My client's ex-husband was in possession of a gun, both their names were on the permit, and he sold it," Anderson said. "I will provide documentation to the court as soon as possible."

Motions are set in the Urvizu-Hanlon case for July 19; answers July 26; oral arguments at 2 p.m. Aug. 6.

Blackshear is charged with attempted assault in the first degree, assault in the second degree, and two counts of criminal possession in the second degree. He facees up to 15 years in prison.

A private attorney hired by his sister appeared with Blackshear in court, James Hinman.

Hinman asked for "reasonable bail" to be set for his client. He said he received the bail evaluation from Genesee Justice, provided to him by public defense attorney Michael Locicero, and noted that Blackshear has a misdemeanor case (criminal possession of a controlled substance) pending in Batavia City Court and two failure to appear citations.

Blackshear, tall and lanky with a prematurely furrowed brow, has extended family here and is a lifelong resident, his attorney said. About eight family members were in the gallery in a show of support for their kin.

Hinman disputed Cianfrini's claim that Blackshear was being harbored by Urvizu-Hanlon and said his client had been staying with his mother for a couple of days at a motel at the time of his arrest.

The teenager, if he is able to bail out of custody, would live with his father, Hinman said.

"He has no violent history," Hinman told Zambito.

The District Attorney's Office suggested bail be set at $100,000 and said Blackshear actually failed to appear on the misdemeanor in city court on three occasions not two -- March 28, April 17 and May 11 -- and the current charges are way more serious.

Hinman said his client witnessed the individual he is accused of shooting, stab his uncle, Toote, to death so "his behavior is not as egregious as Mr. Friedman would have the court believe." He suggested bail should be set at $25,000.

Friedman said it's not a matter of what he believes -- he reviewed the evidence and viewed the video of the incident -- and maintains there is "no valid self defense claim here."

Zambito said he is concerned about where the youth would live, his young age, his failure to appear three times on a misdemeanor charge.

The judge agreed to set the higher bail as requested by the people of $100,000 cash or bond.

Motions are due by July 20; answers by July 27; oral arguments at set for 1:30 p.m. Aug. 13.

Law and Order: Man accused of stealing money from lost wallet

By Howard B. Owens

Matthew J. Hyland, 38, of Canandaigua, is charged with petit larceny. Hyland was arrested following an investigation by a trooper into the theft of $103 from a wallet that had been accidentally left on a counter by a customer at the TA Travel Center in Pembroke. The customer reported returning for the wallet and finding $103 had been removed from the wallet. The trooper used video surveillance to help identify Hyland as a suspect. According to State Police, Hyland admitted to the larceny and stated he wanted to return the money to the owner. Hyland turned himself in to State Police at the Batavia Barracks.

      Adam Arsenault

Adam J. Arsenault, 32, of Hutchins Street, Batavia, is charged with menacing a police officer, resisting arrest, and criminal possession of a weapon. Arsenault allegedly brandished a knife at police officers who were attempting to arrest him on a warrant. He was jailed without bail.

Scott David Beswick, 44, of Pratt Road, Batavia, is charged with criminal contempt. Beswick is accused of consuming alcohol at his residence in violation of a court order of protection.

Nathan Robert Arnold, 26, of Terry Street, Byron, is charged with criminal obstruction of breathing. Arnold allegedly obstructed the breathing of another man while engaged in a fight at 7:35 p.m. Wednesday at a location on Terry Street, Bryon.

Bleyke Z. Culver, 21, of Walnut Street, Batavia, was arrested on a warrant for alleged failure to comply with court-ordered programs as part of his sentencing on a conviction. He jailed on $1,000 bail or $2,000 bond.

Latiqua S. Jackson, 24, of East Main Street, Batavia, is charged with criminal possession of stolen property, 5th, and conspiracy, 6th. Jackson was arrested on a warrant. Jackson is accused of pawning, trading or selling stolen property and that she was aided by at least one other person. She was jailed on $2,500 bail.

Luis Alberto Ramos-Mercado, 33, of South Main Street, Batavia, is charged with criminal trespass, 2nd. Ramos-Mercado is accused of entering another person's dwelling through a window without that person's knowledge or permission.

Edward R. Loper, 30, of West Main Street, Batavia, is charged with criminal possession of stolen property, 5th. Loper was arrested on a warrant while incarcerated in the Genesee County Jail on unrelated charges.

Nathen Edward-Donald Brege, 25, of Alleghany Road, Basom, was arrested on a warrant for alleged failure to appear for sentencing on a resisting arrest charge. He was jailed on $2,500 bail.

Matthew J. Florian, 29, of Slusser Road, Batavia, is charged with DWI, driving with a BAC of .08 or greater, and following too closely. Florian was stopped at 11:18 p.m. Saturday on West Main Street, Batavia, by Officer Arick Perkins.

Darien Lake's Tantrum expected to give thrill seekers what they want

By Howard B. Owens

One of the best parts of Chris Thorpe's job, which he readily admits, is getting to preview the rides before they're open to the public.

He's already been on the theme park's newest ride, Tantrum, a dozen times, and he said it really delivers for thrill seekers.

"My favorite part of the ride, as people ask me, is when I rode it for the first time with my daughters, was the look of astonishment on their faces when it was finished," Thorpe said. "The ride is just dynamic and fun."

Tantrum is nearly a $5 million addition to the park's entertainment assets and its seventh coaster overall. The ride includes a beyond-vertical drop that hasn't been available on previous rides at the park.

Tantrum, the first coaster of its kind in New York State and Ontario, Canada, takes riders on a 98-foot vertical lift at a 90-degree angle – straight up the coaster’s first hill. In a matter of seconds, upon reaching its apex, the train plummets into a 97-degree drop and pretzel inversion, reaching speeds of 52 mph as the coaster snakes through the structure over a bunny hop.

The ride is designed to keep riders guessing which way is up or down over a minute and two-seconds through multiple twists, turns and inversions.

Thorpe said Genesee County residents should definitely come out to the park this summer and give the ride a try.

"Darien Lake is going to deliver the best family experience and make memories that will last a lifetime," Thorpe said. "Come on out, give Tantrum a ride. If you’re a thrill seeker, you will see this ride will really deliver."

Ribbon-cutting photo below: Linda Taylor, former marketing director for Darien Lake, cut the ribbon. Taylor was on hand in 1982 for the ribbon cutting for Viper, the park's first roller coaster. Today was her last day with the park before retiring.

Southside residents share ideas about dealing with crime and neighborhood disruptions at community meeting

By Howard B. Owens

The message of a community meeting Thursday night at St. Anthony's on Liberty Street in Batavia was clear: The Southside community needs to pull together if residents want to reduce the risk of a repeat of what happened on Central Avenue the night of May 17 when one man was stabbed to death and another man was wounded by a bullet from a handgun.

The meeting was put together by Councilwoman Kathy Briggs with the participation of Batavia PD and more than three dozen people attended.

"Believe me when I tell you, we're doing something about this problem," Briggs said. "We're doing whatever we can, working with the police. We are going to eliminate this problem."

Before residents spoke, Chief Shawn Heubusch, Det. Kevin Czora and Assitant Chief Todd Crossett briefed people on what the police are doing and what has been done to address issues with disturbances on the Southside, especially recent hotspots on Central, Jackson, Watson, Thorpe, and Maple.

There are increased patrols, including foot and bike patrols, a camera on Central -- and the chief is asking the city to purchase more cameras -- and more support from the Sheriff's Office for increasing the frequency of patrols around Central Avenue.

There is brighter lighting on Central Avenue and Heubusch told residents that if there is a trouble spot and lighting needs to be increased, call the police department. He said National Grid has been responsive and helpful to requests for more lighting.

A primary message of Heubusch, Czora, and Crossett: If you see or hear something, say something. The police operate more successfully with community support.

"It takes people to step up and become part of the solution," Czora said.

Crossett said citizens sometimes see new problem areas before police.

"If you do not see patrols and are seeing problems, let us know," Crossett said. "We can expand the patrol area."

He also encouraged residents to call police if they know a person is on probation or parole and it appears they're not abiding by their terms of supervision.

Landlords were a big part of the discussion. Most landlords are cooperative, Heubusch said, but in response to residents who would like to see landlords get punished for the bad behavior of tenants, Heubusch said there's only so much the police can do.

The City has no say in who a landlord rents to, but in most cases, it's not the tenant causing the problems. It's the people visiting the area that cause the most problems.

That makes it hard to hold a landlord accountable. If a landlord is knowingly allowing criminal activity on his or her property, the landlord can be charged with criminal nuisance but that can be a hard case to make and sustain.

"The people causing problems are not the tenants of the property," Heubusch said. "They are visitors so it is hard to connect those dots."

Somebody suggested that landlords be fined if police are being called too frequently to a property but Heubusch said that expense or resulting hardship would roll back to tenants and discourage them from calling police when they need help. It might discourage, for example, calls for domestic incidents.

"We don't want to dissuade people from calling the police," Heubusch said.

He did mention that landlords have resources through the city to help them manage their properties better. For a fee, Batavia PD will run a background check on a potential tenant. For free, through a FOIL request, landlords can track police calls to the properties they own to see how much police activity their tenants are generating.

"For the most part, the landlords will deal with problems and are very willing to work with us," Heubusch said.

If citizens want troublemakers arrested, however, eyewitness accounts are critical to solving crimes and getting convictions.

"If there's a large disturbance a lot of times the parties involved don't want to cooperate," Heubusch said. "If there are third-party witnesses there is a better chance we can make an arrest. We go to these calls all the time where the victim won't cooperate. When it comes to prevention, we need eyewitnesses."

He said if a citizen sees something and wants to tell police, they can arrange with a dispatcher to meet an officer at the police station or for a phone interview to avoid people seeing an officer knock on a residence's door.

Councilman Bob Bialkowski asked what kind of incident should citizens report, and used an example of a large group walking down the street.

Heubusch said report criminal activity. If something seems suspicious, police will come and check it out, but that large group walking down the street could be just a bunch of kids talking loud.

Bernie Thompson suggested everybody can do their part to help the neighborhood. He had a problem with kids cutting across his yard, so he put a fence around his property and if they jump the fence, he said, "I've got two hungry bull mastiffs."

He said people shouldn't be afraid to call the police.

Carol Pietryzykowski said she is a landlord and takes care of her properties. She said the city needs to do more to take care of the Southside -- taking care of sidewalks, cleaning up streets, picking up trash at the parks.

"I think the city needs to take a little more pride in the Southside," Pietryzykowski said.

Debra Smith said there is also a role for parents to play.

"Some of these parents need to be responsible for their children," Smith said.

Residents expressed concern about local children growing up with parents who have criminal records and have spent, or are spending, time in jail and whether those children are getting sufficient direction in their lives. 

One of the last speakers was Pastor Marty Macdonald, from City Church, owner of the St. Anthony's property now. 

He talked about his own childhood, being homeless at 17, and growing up without parents, and the adults who influenced him not to give up. He said that's why St. Anthony's exist. He said every Tuesday there are 150 to 200 kids taking part in recreational activities at St. Anthony's and getting a free meal, courtesy of donations from Genesee County businesses.

"If we all paid a little more attention to these children, we would get great results," Macdonald said. "We have to change the culture. We have to be the leaders in our community.

He added later, "Instead of looking down, we need to lift their heads up and tell them, 'you're going to make it.' "

Grand Jury: Man indicted for allegedly stealing 20-foot trailer in Alabama

By Billie Owens

Paul D. Rutherford is indicted for the crime of fourth-degree grand larceny, a Class E felony. It is alleged that on April 14 in the Town of Alabama, that Rutherford stole property exceeding a value of $1,000 -- a 2017 Eagle American 20-foot trailer.

Timothy O. Lee is indicted for the crime of criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on Nov. 28 in the Town of Le Roy that Lee knowingly and unlawfully possessed a narcotic drug, cocaine, with intent to sell it. In count two, he is accused of criminal possession of a controlled substance in the fourth degree, a Class C felony. It is alleged in count two that he knowingly and unlawfully possessed one or more preparation, compounds, mixtures or substances containing a narcotic drug and these had an aggregate weight of one-eighth of an ounce or more. In count three, the defendant is accused of endangering the welfare of a child, a Class A misdemeanor. It is alleged in count three that on Nov. 28 in the Town of Le Roy that he knowingly acted in a manner likely to be injurious to the physical, mental or moral welfare of a child under age 17. In count four, he is accused of the same crime as in count three, involving a second child less than 17 years of age.

Gary D. Burney is indicted for the crie of second-degree burglary, a Class C violent felony. It is alleged that in the late evening on April 20 or early morning on April 21 that he knowingly entered or remained unlawfully inside a dwelling on North Spruce Street in the City of Batavia with intent to commit a crime.

Edward J. White is accused of the crime of promoting prison contraband, a Class D felony. It is alleged that on Dec. 26 in the Genesee County Jail that he knowingly and unlawfully possessed dangerous contraband -- alcohol. In count two, he is accused of the same crime for allegedly possessing a Bic lighter on Dec. 29. In count three, he is accused of the same crime again on Dec. 29 for allegedly possessing alcohol, two Gabapentin pills, four Strattera pills and four bupropion hydrochloride pills.

Brian T. Resch is indicted for the crime of criminal sale of a controlled substance in the fourth degree, a Class C felony. It is alleged that on Jan. 10 in the Genesee County Jail that the defendant knowingly and unlawfully sold an unspecified narcotic preparation.

Rebecca S. Hensel is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on Dec. 29 in the Town of Batavia that she drove a 2010 Chevrolet on West Main Street Road while in an intoxicated condition. In count two, she is accused of DWI, per se, also a Class E felony, for allegedly having a BAC of .08 or greater at the time. In count three, Hensel is accused of speeding at the time, a violation of vehicle and traffic law. In Special Information filed by the District Attorney's Office, she is accused of having been convicted of misdemeanor DWI on June 15, 2011, in Batavia City Court and that conviction was within 10 years of the crimes allegd in the current indictment.

Former Stafford resident gets probation in Le Roy grand theft case

By Billie Owens

A Monroe County musician who used to live in Stafford was sentenced to five years probation this afternoon, less time already served on interim probation, for his role in a Le Roy grand theft case.

Jonathan E. Seiger, about 56, was indicted in February of 2017 on 18 counts -- 17 Class E felonies and one Class A misdemeanor -- for unlawfully possessing and using a female friend's bank debit card. The charges also included criminal possession of stolen property and conspiracy.

His former roommate, Scott H. Spencer, was a co-defendant in the case. Between Aug. 5 and 15, 2016, the duo used the debit card at an ATM machine, along with the friend's PIN identification, to withdraw $1,660.

Seiger, who is speech and/or hearing impaired and requires a sign language interpreter, appeared in Genesee County Court with his attorney, Clark Zimmermann. He said his client's half of the restitution has been paid.

A May 16 report from the Probation Department and one from Unity Mental Health were filed, finding Seiger to be largely compliant with the terms of his interim probation. The felonies were reduced to misdemeanors.

But there was a violation of interim probation -- failure to appear in court as ordered -- prompting today's court appearance. 

"I think there are some incorrect statements (in the report) by the Probation Department," Zimmermann said. "The Probation Department doesn't recommend giving probation a chance. Mr. Seiger has done what he was required to do."

Judge Charles Zambito set probation to expire on Aug. 29, 2022 and ordered an order of protection for the victim until May 29, 2026.

Spencer, who is also now living in Monroe County and on probation in the case, is responsible for $830 for his half of the restitution, but it has yet to be paid. However, a payment schedule has been set up.

Assistant District Attorney Kevin Finnell asked the court to make Seiger obligated for the balance due if anything should happen to Seiger's partner in crime and he becomes unable to pay it.

The clerk of the court spoke up and said the actual amount due the victim totals $1,743 -- not counting the check that a friend of Seiger's sent to the D.A. Office for Seiger's portion.

"She will be made whole," Zimmermann assured the court.

Zambito agreed to put in his ruling that Seiger is obligated to any restitution money due if Spencer defaults -- or dies. He also agreed to transfer the case to Monroe County Probation Department; ordered that a DNA sample be submitted to the state database; and called for a search of Seiger's property or person at anytime by Probation authorities, as requested by the people.

Zimmermann objected to the search clause, saying his client is not a drug offender, nor does he need treatment.

"It is overly intrusive," Zimmermann complained.

There was a brief conference at the bench at that point.

When the proceedings resumed, Finnell said he takes issue with a waiver of the search order; it is not related to any treatment concerns for the defendant.

"When he was taken into custody for failure to appear, in January, inappropriate material was found on his cell phone -- it was believed to be child porn," Finnell said. "(After investigation) none was found, but the browsing history showed a search for child porn. So the search conditions are warranted."

Zimmermann was silent.

The judge said he received concerns from Probation about their ability to properly supervise Seiger, and he said he also has concerns about that. He then specified that Seiger be ready at any time to have his person, residence or anything under his control subjected to a search by the Probation Department.

He will have to abide by a curfew.

The judge declined to require Seiger to inform an employer of his criminal history.

He will have to provide authorities with his employment and education records, and will have to submit to therapy should that be recommended. Seiger cannot possess firearms. He has to have a substance abuse evaluation and a mental health evaluation done within the next four weeks.

Seiger -- who is stoutish, about 5' 6" with dark curly hair -- wore a dark suit and white shirt to court. He will not be required, as was requested, to write a letter of apology to the victim.

The probationer can have no contact with former roommate Spencer, unless he clears it with the Probation Department first. Spencer sometimes books and manages music gigs, so he can't avoid him entirely and still make a living, his attorney explained.

Because he still has a matter pending in Genesee County Court -- "a penal law 130" unspecified sex offense case -- Seiger will be allowed to travel to and from the courthouse.

He has 30 days to appeal the judge's ruling.

"Good luck, Mr. Seiger," Zambito said.

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