notify

A victim of a gunshot wound is reported at Central and Pringle avenues in the city. CPR is in progress. City police and fire responding.

UPDATE 11:37 p.m.: The gunshot is unconfirmed. A victim of a stabbing is transported to UMMC. City and state police have Pringle Avenue and Central Avenue cordoned off.

UPDATE 12:05 a.m.: Several witnesses at the scene say they heard at least three gunshots. A witness on Pringle Avenue says she heard people arguing; one person said she heard "I apologized; I apologized." When the subjects got to Pringle and Central Avenue, a witness reports hearing the argument escalate. Then she heard three gunshots. Then she saw an SUV peel off. Another witness said she heard a group of people on Pringle Avenue and they were screaming "Call 9-1-1; call 9-1-1." Another witness says there was a car parked in a driveway on Highland and the driver yelled: "They've shot my boy, they've shot my boy!" before peeling off in a vehicle. Yet another witness says he saw a shirtless white male running from the area. We've only confirmed with law enforcement that there is a stabbing victim; it is not confirmed there is a shooting victim."

UPDATE 12:10 a.m.: The state Department of Environmental Conservation is on scene with personnel and a canine capable of detecting gunpowder residue. A press conference is imminent.

UPDATE(S) (By Howard) 12:49 a.m.: We'll have a little more information in a bit, but two things: There are two victims. The gunshot victim was transported to UMMC by private vehicle. At about 12:30 a.m.; UMMC was placed on lockdown.

UPDATE 1 a.m.: Assistant Chief Todd Crossett briefed reporters at the scene on what police know at this time. Police were dispatched to Central and Pringle for a report of a man down in the street. They located a man who was the apparent victim of a stabbing. A second victim was transported to UMMC by private vehicle.

"Anyone with information is asked to call 9-1-1 and then we will get an officer out to talk with you as soon as we can," Crossett said.

Crossett said there is no information at this time to indicate this incident is associated with the one at Jackson and Central a couple of nights ago where four people were assaulted with baseball bats and a pistol.

"But obviously, it's still really early (in the investigation)," Crossett said.

In recent weeks, Batavia PD has given Central Avenue more attention, Crossett said, with increased patrols during the day and patrols stationed on the street when available at night.

"We've done some different things with increasing the street lights, making them brighter," Crossett said. "We've just recently moved our street camera down here. So we've done some things to try to get a handle on this to see what's going on down here."

There's no information yet available on the victims as far as description, age, race, gender. They are both in serious condition. 

Given the early nature of the investigation, Crossett was not able yet to provide descriptions of other people who may have been involved or how many people were involved.

UPDATED 5 a.m.: One victim has died, according to Crossett. He didn't say which victim.

Darcia M. Golda is indicted for the crime of third-degree grand larceny, a Class D felony. It is alleged that on Oct. 26 in the Town of Batavia that Golda stole property with a value of more than $3,000 -- in this case, U.S. currency. In count two, she is accused of the crime of falsifying business records in the first degree, a Class E felony. It is alleged in count two that on Sept. 6 in the Town of Batavia that Golda, with intent to defraud, made a false entry in the business records of an enterprise. She allegedly did so by making a fraudulent return slip for $20 for the purposes of stealing from a store. In count three, the defendant is accused of the same crime as in count two, but it allegedly occurred on Sept. 19 for $99.87. In count four, the defendant is accused of the same crime as in count two, but it allegedly occurred on Sept. 11 for $150.37. In count five, the defendant is accused of the same crime as in count two, but it allegedly the fraudulent return slip was undated; the amount was for $125.03. In count six, the defendant is accused of the same crime as in count two, but it allegedly occurred on June 22, 2016 for $79.45. In count seven, the defendant is accused of the same crime as in count two, but it allegedly occurred on June 26 for $60.20. In count eight, the defendant is accused of the same crime as in count two, but it allegedly occurred on June 27 for $81.25. In count nine, the defendant is accused of the same crime as in count two, but it allegedly occurred on June 29, 2016, for $74.65. In count 10, the defendant is accused of the same crime as in count two, but it allegedly occurred on June 15, 2016, for $140.30. In count 11, the defendant is accused of the same crime as in count two, but it allegedly occurred on June 15, 2016, for $85.74. In counts 12, 13, 14 Golda is accused of third-degree forgery, a Class D felony. It is alleged that on Sept. 6, Sept. 19, Sept. 11, respectively, she falsely made, completed or altered a written instrument -- store return slips. In count 15, she is also accused of third-degree forgery for allegedly falsely completing an undated store return slip, sometime between Oct. 26, 2016 and Sept. 27, 2017. In counts 16, 17, 18 and 19, Golda is again accused of third-degree forgery for allegedly falsifying a return slip, respectively on: June 22, 2016; June 26; June 27; and, lastly, on June 15, 2016.

Melissa R. Rosenberg is indicted for the crime of aggravated driving while intoxicated, a Class E felony. It is alleged that on Nov. 27 in the Town of Batavia that Rosenberg drove a 2001 Acura on Route 5 while intoxicated and while a child under age 15 was a passenger in the vehicle. In count two, she is accused of aggravated DWI, also a Class E felony, for DWI while a second child age 15 or under was a passenger in the vehicle. In count three, the defendant is accused of DWI as a misdemeanor. In count four, she is accused for DWI, per se, for having a BAC of .18 or more at the time. In counts five, six and seven, she is accused of endangering the welfare of a child, a Class A misdemeanor, for allegedly knowingly acting in a manner likely to be injurious to the physical, mental or moral welfare of a child less than 17 years old. In counts eight, nine, 10 and 11, Rosenberg is accused of vehicle and traffic law violations. Respectively, these are: driving left of pavement markings; moving from lane unsafely; failure to use designated lane; and moving across hazard lines.

Gioacchino F. Aquino is indicted for the crime of third-degree burglary, a Class E felony, for allegedly knowingly entering a building unlawfully with the intent to commit crime -- in a convenience store on Broadway Road in the Town of Darien on Jan. 10. He is accused of criminal mischief in the third degree, a Class E felony, for allegedly intentionally damaging the property of another person -- a glass door -- in an amount exceeding $250.

Joshua Francis Zalar, 20, of School Street, Le Roy, and Alexander R. Dunn, 22, of Warsaw Road, Le Roy, are charged with trespass. Zalar and Dunn are accused of trespassing on Hanson Aggregates property in the area of Circular Hill Road, Le Roy. Zalar fell off a cliff and required rescue by the Le Roy Fire Department. He reportedly suffered a foot injury. No information has yet been released on why Zalar and Dunn were in the area of the gravel pits at 12:18 a.m. (Initial Report)

Michael Joseph Mawn, 55, of Roosevelt Highway, Hamlin, is charged with DWI, driving while ability impaired by alcohol, speeding, and aggravated unlicensed operation, 1st. Mawn was stopped at 5:57 a.m. Monday on Route 33, Stafford, by Deputy Joshua Brabon.

Paula Deborah Bennett, 34, of Myrtle Street, Le Roy, is charged with DWI, driving with a BAC of .08 or greater, leaving the scene of a property damage accident, and moving from lane unsafely. Bennett was stopped at 2:32 a.m. Wednesday on Lake Street Road, Le Roy, by Deputy Mathew Clor.

Christina R. Armstrong, 32, of Main Road, Pembroke, is charged with petit larceny. Armstrong is accused of stealing from her employer, an undisclosed business at 412 E. Main St., Batavia (the Masse Plaza).

Rae C. Cook, 29, of Central Avenue, Batavia, is charged with criminal possession of stolen property, 5th, conspiracy, 6th, and resisting arrest. Cook was arrested following an investigation into the theft of items from a residence on East Main Street, Batavia.

Booker T. Ricks, 46, of Prune Street, Batavia, is charged with dog running at large. Ricks' dog allegedly attacked a dog in another yard that was properly leashed.

Sean M. Keem, 37, of Joseph Street, Cheektowaga, is charged with DWI, driving with a BAC of .08 or greater, and moving from lane unsafely. Keem was stopped at 8:19 p.m. May 9 on Ross Street, Batavia, by Officer Darryle Streeter.

Tyshon L. Taylor, of Morse Place, Batavia, is charged with menacing, 3rd. Taylor allegedly made comments to a person that he intended to kill that person. He then allegedly made a motion like he was going to hit that person but was stopped by a bystander. He was jailed on $2,500 bail.

Nicholas D. Culver, 22, of Batavia Stafford Townline Road, is charged with petit larceny. An 18-year-old (name not released) resident of Batavia Stafford Townline Road was charged with conspiracy, 4th. The two men were arrested by State Police for an incident reported at 11 a.m. Wednesday. No further details released.

There are few firefighters at age 23 who come into City Fire with a resume to match Ryan Hinz.

He's been a volunteer in Alexander since he was 16. He twice won Firefighter of the Year. He rose to the rank of EMS captain and won awards for his EMS work. He also won a chief's award.

Fire Chief Steve Napolitano said Hinz scored high on his civil service exam and his agility test and excelled at the fire academy.

Perhaps this isn't a surprise. He's the son of career firefighter Marty Hinz, currently a captain with City Fire, and the grandson of a firefighter who also served for several years as Genesee County's emergency coordinator.

Marty Hinz said he almost sees Ryan through his father's eyes.

"I remember when I joined the Alexander Fire Department and became chief down there and how proud my father was," Marty said. "And now I can empathize with his feelings, you know, just the look on his face -- now I understand where he was coming from and now I understand how proud he was. Now I'm just as proud of Ryan."

Napolitano was quick to emphasize that Ryan -- who is assigned to the First Platoon with Marty is assigned to the Third Platoon -- wasn't hired because he was Marty's son. He earned it.

"We're expecting big things from him," Napolitano said. "You know, he's got a good 30-year career out of here. We're expecting the same things that he's done from 16 to 23 to continue over the next 30 years."

Marty, understandably, but with good reason, thinks Ryan is qualified to be a career firefighter.

"Ryan has a certain pride, the intelligence, the humility that it takes to be a good firefighter," Marty said. "He's just a great kid."

Ryan said while he was inspired by his father to pursue a career in fire services, that isn't the only reason he took this career path.

"I like being able to help people," Ryan said. "I know that sounds like a cheesy response but it's just what I enjoy doing."

He said he is proud to follow in his father's footsteps and that serving an Alexander was a great experience that gave him a good idea what a career in firefighting might be like, plus, he said, he formed lasting friendships with his fellow volunteers.

Whatever inspired Ryan to become a career firefighter, Napolitano said it is what will make him an asset to the department.

"We're very fortunate in the fact that we have someone that has that internal desire to want to continue the family lineage and someone that it's not just a job for him," Napolitano said. "That is pretty much everyone in this department. It's a passion. It's not just a job. And that translates to the service delivery that we're able to provide. It's not just going through the motions. It's they live they breathe it and that they value the opportunity to work here. That translates to the service product that we're putting out there.

"To have Ryan, who, again, this is what he wants to do, this is where he comes from. It just enhances our service delivery."

Previously: 

• Photos: Alexander fire awards and officer installation​
• Alexander FD installs new officers, recognizes member accomplishments
• Photos: Alexander Fire's annual awards and installation dinner

Chief Steve Napolitano, Ryan Hinz, and Capt. Marty Hinz.

The first platoon: The new mentors for Ryan Hinz.

Jacqueline M. Saeli is indicted for the crime of third-degree arson. It is alleged that on Jan. 6 she intentionally damaged a building and a motor vehicle -- a shed on property on North Lake Road, in the Town of Pembroke, which contained a 2008 Harley-Davidson motorcycle. She allegedly did so by starting a fire or causing an explosion.

Nicholas G. Williams is indicted for the crime of burglary in the third degree, a Class D felony. It is alleged that on Dec. 30 he knowingly entered unlawfully into a building on Lake Street in the Town of Le Roy with the intent to commit a crime. In count two, he is accused of second-degree criminal content, a Class A misdemeanor, for allegedly intentionally disobeying or resisting the lawful process or other court mandate. In count three, Williams is indicted for the crime of resisting arrest, also a Class A misdemeanor, because he allegedly intentionally prevented or attempted to prevent an officer from arresting himself or another person.

Dartanyan A. Robinson is indicted for the crime of driving while ability impaired by drugs, as a Class D felony. It is alleged that on March 30 that he drove a 2004 Land Rover in the Town of Batavia on the eastbound state Thruway while his ability to do so was impaired by drugs. It count two, he is accused of the crime of driving while ability impaired by the combined influence of drugs or of alcohol and any drug or drugs, as a Class D felony. In count three, the defendant is indicted for the crime of aggravated unlicensed operation in the first degree, a Class E felony. It is alleged in count three that Robinson knew, or had reason to know, that his driver's license had been suspended or revoked for driving under the influence of alcohol or a drug when he drove the Land Rover on May 30. In count four, Robinson is accused again of first-degree aggravated unlicensed operation. It is alleged in count four that the defendant knew, or had reason to know, that his driving privilege had been suspended or revoked by the commissioner for refusals on multiple occasions to submit to a chemical test: on May 27, 1998; May 26, 2000; March 2, 2009; and Nov. 12, 2013. In count five, he is accused of speeding on March 30 in the Town of Batavia. In count six, the defendant is accused of the crime of circumvention of an ignition interlock device. It is alleged in count six that on March 30, the 2004 Land Rover he was driving was not equipped with an ignition interlock device, which he was required to have. In Special Information filed by the District Attorney, Robinson is accused of having been convicted: of the crime of DWI, as a Class E felony, on Oct. 31, 2000 in County of Niagara Court; of the crime of DWI as a misdemeanor on Feb. 21, 2013 in County of Niagara Court; and of DWI, as a Class E felony, on Dec. 15, 2014, in Monroe County Court. These three prior convictions form the basis for the suspensions or revocations referenced in count three of the current indictment; and the latter two convictions form the basis for the felony charges in counts one and two of the current indictment.

Jerome W. Amesbury is indicted for the crime of unauthorized use of a vehicle in the second degree, a Class E felony. It is alleged that on Jan. 26 in the Town of Bergen that Amesbury -- knowing he did not have the owner's consent -- took, operated, rode in or otherwise used a 2002 Buick Rendezvous.

Today is the day that residents of Genesee County are being asked to vote for school budgets and members of the board of education.

For the boards of education, we sent candidate questions to 17 school board candidates. Only four candidates answered the questions (noted below). For more information on rules aimed at silencing school board members see our story from yesterday Five school districts in Genesee County restrict speech for board members.

Here's available information for each district in Genesee County:

Alexander: Voters are being asked to approve a $17,704,810 budget with a tax levy of 6,154,675. Besides the budget, there are four other propositions on the ballot. There is one candidate for school board, Sara Fernaays, who did not respond to questions about her positions.

Batavia: From the district website: "The Board of Education, at their meeting on April 10, adopted a 2018-2019 school budget proposal to be brought to the Batavia residents for vote next month. The proposed budget presents a spending plan of $52,189,152, an increase of 4.65% over 2017-2018, but with slightly more than $2.1 million attributable to State aid through the Smart School Bonds Act. The projected tax levy increase associated with the proposal is slightly less than 2.4%. According to New York State's formula, this year's allowable tax cap for a simple majority vote in our District is 7.17%; the projected levy is 4.77% less than that cap." The school board candidates are Patrick Burk, Zachary Korzelius, and Shawna Murphy. None of the three incumbents responded to candidate questions.

Byron-Bergen: From the Byron-Bergen Newsletter: 2018-19 Proposed Budget The $22,998,010 proposed budget projects a 1.01% increase. The budget was balanced utilizing Fund Balance, Reserves, and various reductions in spending. The tax levy is at Byron-Bergen’s “allowable” tax levy limit (cap) of 2.77%. This will enable us to go out under law with a simple majority vote. There are two open school board seats and three candidates: Amy Mathisen, who responded to candidate questions, Deb List (Did not respond) and Bill Forsyth (Did not respond).

Elba: We couldn't find the district's budget information on its website. We were provided a link this morning. Here is a statement from the district's budget newsletter: "The proposed school budget for 2018-19 is in the amount of $9,720,931, an increase of approximately $447,000 (4.82%) over last year’s budget. Most of our increase will be reimbursed through an increase in State Aid and a local levy increase of $59,244 (2% over last year’s levy). " There is one candidate for school board, Candy Bezon, who declined to answer candidate questions.

Le Roy: The budget is $25,199,228 which is an increase of 2.77% or $678,510. The levy will increase by 2 percent, which is below the tax cap formula, and the rate will be $24.54. School board candidates are: William MacKenzie, Lloyd Miller, and Lawrence Bonacquisti. None of the candidates responded to our candidate questions.

Oakfield-Alabama: The school budget for 2018-19 is $20,250,350. There was no further information we could find on the district's website. There are two seats open on the school board and candidates are: Tim Edgerton (Click here for response), Lorna Klotzbach (Click here for response), and Douglas Esten (Did not respond)

Pavilion: We couldn't find budget information on the district's website. School board candidates are: John Banister (Did not respond) and Christopher Jeffres (Did not respond). UPDATE: We were told this morning the total budget is $17,485,851 and the proposed tax levy is $5,517,797.

Pembroke: The general fund budget is $22,284,632, an increase of $698,530 over this year. The proposed tax levy is $8,101,329. There is one school board candidate, John Cima, who did respond to our candidate questions (Click here for response).

For times and locations of polls, check with your school district.

Press release:

The Batavia Police Department is investigating an assault which occurred on 05/13/2018 at approximately 11:30 p.m. Four victims were located at the scene with varying degrees of injury. Three were treated at the hospital and released. The fourth has been admitted with serious injuries. Batavia Police are looking for any witnesses to the event.

Anyone with information in reference to the case may contact Detective Matthew Wojtaszczyk at 585-345-6357 or the Batavia Police Department at 585-345-6350, the confidential tip line at 585-345-6370 or online at http://www.batavianewyork.com/police-department/webforms/report-suspicious-drug-or-criminal-activity.

Photo: File photo.

Previously: Assault victim reported at Central and Jackson, Batavia

        Edward Perdue

Edward F. Perdue, 57, of Rome, is charged with burglary, 3rd, conspiracy, 5th, and petit larceny in connection with his arrest as the suspected burglar of Plaza Spirits in November. He is also charged with identify theft, 3rd, and petit larceny because he is accused of using a using a stolen credit card. In a third set of charges, Perdue is charged with burglary, 3rd, grand larceny, 4th, conspiracy, 5th, and petit larceny for his suspected role in the burglary of Mr. Wine & Liquor in August. Perdue is currently confined to the Mohawk Correctional Facility and following arraignment was released back into the custody of DOCs. (Previously: Arrest made in thefts from two local liquor stores.)

Morgan L. Cox Jr., 26, of Central Avenue, was arrested on a warrant for alleged failure to appear on traffic tickets. He had been cited for alleged unlicensed operation involving alcohol and speeding and driving without a license. He was jailed on $1,000 bail.

Rae C. Cook, 29, of Central  Avenue, Batavia, was arrested on a warrant for alleged failure to appear in City Court. She was held on $250 bail.

Thomas E. Brenkus, 50, East Main Street, Batavia, is charged with DWI and driving with a BAC of .08 or greater. Brenkus was stopped at 7:20 p.m. Saturday on Clinton Street by Officer Arick Perkins.

Tatiana C. Lugo, 23, no permanent address, is charged with criminal trespass, 2nd, and resisting arrest. Lugo allegedly refused to leave a residence on North Spruce Street, Batavia, at 10:40 p.m. Friday. She was jailed on $2,000 bail or $4,000 bond.

Paul C. Ferro, 23, of South Pearl Street, Oakfield, is charged with criminal possession of a controlled substance, 7th, possession of a hypodermic instrument, and aggravated unlicensed operation. Ferro was located on Central Avenue at 1:37 p.m. May 3 and allegedly found in possession of heroin and a hypodermic needle.

Michelle L. Misiak, 52,  was arrested on a warrant out of City Court. She was jailed on $250 bail.

Carolann Hyde, 61, of Burke Drive, Batavia, is charged with petit larceny. Hyde is accused of stealing from her employer, a business on East Main Street, Batavia.

Brian Anthony Knox, 34, of Quaker Road, Scottsville, is charged with DWI, driving while impaired by drugs, possession of a hypodermic instrument, and inadequate plate lamp. Knox was stopped at 10:22 p.m. Thursday on Townline Road, Bergen, by Deputy Austin Heberlein.

James Carl Davis, 28, of Eagle Harbor Road, Albion, is charged with DWI, driving with a BAC of .18 or greater, improper right turn, failure to obey traffic control device, and speeding. Davis was stopped at 2:39 a.m. Sunday on Lewiston Road, Batavia, by Deputy Joshua Brabon.

Christopher James Doxy, 33, of East Center Street, Medina, is charged with criminal obstruction of breathing, criminal mischief, 4th (preventing an emergency call), harassment, 2nd, and unlawful imprisonment, 2nd. Doxy was arrested following an investigation by Deputy Erik Andre reported at 11 a.m. Thursday at a location on Lewiston Road, Alabama.

John Paul Emilio Dougherty, 23, of Tracy Avenue, Batavia, is charged with DWI, driving with a BAC of .08 or greater, speed unreasonable, moved from lane unsafely, and driving left of pavement markings. Dougherty was arrested following an investigation by Deputy Jeremy McClellan into a vehicle accident on West Sweden Road, Bergen, at 2:20 a.m. Friday.

Michael John Romanowski, 45, of Green Leaf Meadow, Rochester, is charged with DWI, driving with a BAC of .08 or greater, refusal to take a breath test, and open container. Romanowski was stopped at a checkpoint on Lewiston Road, Alabama, at 8:07 p.m. Thursday by Deputy Jeremy McClellan.

Lovelle William Ince, 20, of 106th Avenue, Queens Village, is charged with two counts of criminal mischief, 4th. Ince allegedly punched a large hole in a wall and damaged a door at College Village in an incident reported at 4:21 p.m. on May 6.

Joseph Jonathan Kuzma, 38, of Byron Holley Road, Byron, is charged with grand larceny, 3rd, trespass, and criminal possession of stolen property, 5th. Kuzma was arrested by Deputy Ryan DeLong following an investigation into stolen property on Byron Elba Road. He allegedly stole property valued at more than $3,000. He was previously charged with petit larceny. He was also charged with trespass for knowingly and unlawfully entering and remaining on the premises. He allegedly knowingly possessed stolen property with intent to benefit himself in June 2016.

David W. Hockenberry, 30, of Tonawanda, is charged with driving while impaired by drugs, license plate violation, and moving from lane unsafely. Hockenberry was stopped at 5:40 p.m. Nov. 30, in Darien by State Police. He was arrested Friday. No further details released.

Mark A. Stoneham, 57, of Elba, is charged with DWI, driving with a BAC of .08 or greater, leaving the scene of a property damage accident, and moving from the lane unsafely. Stoneman was stopped at 8 p.m. Thursday in the Town of Pembroke, by State Police.

Terrence S. Morgan, 23, of Rochester, is charged with DWI, driving while impaired by drugs, unlawful possession of marijuana, driving without a license, aggravated unlicensed operation, and speeding. Morgan was stopped at 2:30 a.m. Saturday on Route 33, Byron, by State Police. As part of the traffic stop, Asiana I. Wedlow, 21, of Rochester, was charged with criminal possession of a controlled substance, 7th.

Robert A. Boyce, age 51 and a resident of East Pembroke, who was involved in an ATV accident at 8:16 p.m. yesterday has succumbed to his injuries at ECMC.

The investigation is ongoing but the Sheriff's Office states that both alcohol and speed are being considered contributing factors in the crash.

Boyce was riding his ATV on a trail near National Grid transmission lines about 200 yards off Hartshorn Road when he apparently failed to negotiate a turn.

Previously: East Pembroke resident seriously injured in ATV accident

Tomorrow voters throughout Genesee County will be asked to cast ballots for school board candidates in our area's eight school districts, although in many cases they will know little about the policy positions of those candidates because of school district restrictions on board member speech.

There are five school districts in Genesee County that bar school board members from publicly sharing their opinions on any school district issues -- Alexander, Byron-Bergen, Le Roy, Oakfield-Alabama, and Pavilion.

As The Batavian found over the past two weeks, these restrictions can even have a chilling effect on candidates who have not yet won a seat on a school board.

The first hint that these policies existed arose on April 23 when members of the Alexander Central School District Board declined to answer questions about policy issues in the district, citing a rule that required all statements to come from the district's superintendent, Catherine Huber, Ed.D.

That prompted an investigation by The Batavian into board member speech policies of all eight school districts in the county. We expected the Alexander policy to be an anomaly. But it isn't.

Five districts clearly prohibit school board members from making any public statements outside of a school board meeting.

School Board Candidate Questions
The Batavian sent five questions to each of the 17 school board candidates who are asking for your votes tomorrow. Only four returned responses.

Alexander Central School:

• Sara Fernaays (Did not respond)

Batavia City Schools:

• Pat Burk (Did not respond)
• Zach Korzelius (Did not respond)
• Shawna Murphy (Did not respond)

Byron-Bergen Central School:

• Amy Mathisen (Click here for response)
• Deb List (Did not respond)
• Bill Forsyth (Did not respond)

Elba Central School:

• Candy Bezon (Declined to respond)

Le Roy Central School

• William MacKenzie (Did not respond)
• Lloyd Miller (Did not respond)
• Lawrence Bonacquisti (Did not respond)

Oakfield-Alabama Central School:

• Tim Edgerton (Click here for response)
• Lorna Klotzbach (Click here for response)
• Douglas Esten (Did not respond)

Pavilion

• John Banister (Did not respond)
• Christopher Jeffres (Did not respond)

Pembroke:

• John Cima (Click here for response)

According to legal experts contacted by The Batavian, these policies likely violate the First Amendment rights of those school board members.

Robert Freedman, director of the state's Committee on Open Government, said he's run across these school district prohibitions before and he doesn't believe they would withstand a court challenge.

"Certainly, school board members should not be able to speak on behalf of the school board unless authorized," Freedman said. "But a school board member, like any other citizen of the United States, has the right, and should be encouraged, to speak on matters of public concern."

School board attorney defends speech restrictions
Jennifer Schwartzott, the attorney for the Alexander Central School District, defended her district's policy and said: "It has nothing to do with the First Amendment." She said state and federal law, along with regulations, commissioner’s decisions, and NYS case law support the position that only the superintendent can speak publicly.

NOTE:  Jennifer Schwartzott has left a comment on this story and communicated with us via email indicating she does not believe this story accurately represents her views. Please see her comment and our response below.

Schwartzott also represents Byron-Byron Central School District.

Asked for legal citations to support her claim, Schwartzott responded, "I am not going to provide you with free legal advice or do your research for you. The extensive statutory provisions of the Education Law and the corresponding regulations are available online if you wish to review them."

At her suggestion, we looked at articles 31, 35, and 37 of the state's Education Code and couldn't find a single sentence to quote that supports her assertion that state law prohibits school board members from expressing their personal opinions on matters of public interest.

Here's what Schwartzott said about the state law: "The Education Law dictates that boards of education must appoint Superintendents, and the Superintendents shall be 'the chief executive officer[s] of the school district[s],' and 'speak on all matters' on the districts’ behalves."

The question, however, isn't whether board members can individually speak on the district's behalf but whether they can publicly share their own point of view on issues of importance to the district.

New York's education law also says the "superintendent shall be under the direction of the board of education." 

At her suggestion, we also searched for case law that supports Schwartzott's assertion that board member speech can be restricted and could find none.

We did find a case that confirms elected officials enjoy First Amendment protection for speech related to their elected duties. 

Republican Party of Minn. v. White, for example, states, “The role that elected officials play in our society makes it all the more imperative that they be allowed freely to express themselves on matters of current public importance.” 

We also found reference to a case in Arizona where a school board VP was demoted after criticizing the superintendent. A court ruled that the board had a right to pick somebody with opinions better aligned with its own views on policy matters but the former VP was allowed to retain his seat on the board.

We also couldn't find regulations nor commissioner's decisions that support Schwartzott's assertion. We spent hours searching through commissioner's decisions using various search terms and could not find any decisions that indicated school districts could restrict board member speech.

David C. Bloomfield, professor of Education Law at Brooklyn College and The CUNY Grad Center, whom we contacted with the help the Education Law Association, said he knew of no law or case law that prohibited school board members from answering the questions of reporters, or any other member of the public, or otherwise publicly sharing their own personal views on matters of public interest related to his or her school district.

“That’s protected First Amendment speech," Bloomfield said. “Individual board members cannot be prohibited from expressing their opinions publicly on district policies. They are not required to express their opinions but they may express their opinions as a First Amendment matter."

School Taxes
School board members make many decisions each year that affect the lives of local residents, including determining how much we pay in taxes. Here is a sampling of what percentage school districts take in local taxes.

• Alexander CSD in the Town of Alexander: 49 percent.
• City Schools, in the City of Batavia: 47 percent
• Byron-Bergen CSD in the Town of Bergen: 48 percent.
• Byron-Bergen CSD in the Town of Byron: 53 percent.
• Elba CSD in the Town of Elba: 50 percent.
• Le Roy CSD in the Town of Le Roy: 58 percent.
• Oakfield-Alabama CSD in the Town of Oakfield: 50 percent.
• Oakfield-Alabama CSD in the Town of Alabama: 53 percent.
• Pavilion CSD in the Town of Pavilion: 49 percent.
• Pembroke CSD in the Town of Pembroke: 52 percent.

He added, “A school board member can speak about their understanding of school district policies but should be clear they don’t individually speak for the school district. That is properly the responsibility of the board president or superintendent.”

Batavia, Elba, and Pembroke all have more permissive policies than the five districts that have essentially placed a gag rule on school board members.

Candidate questions
To test school board member's understanding of their district's policies on board member speech, we sent five questions to each of the 17 candidates for school board seats in tomorrow's elections. We sent the questions last Monday with a deadline of 5 p.m. Thursday to respond.

We received responses from only five candidates.

Four of those candidates answered the questions (see sidebar).

One candidate, and a current school board member, from Elba, declined to answer the questions even though Elba's policy appears to allow school board members to express individual opinions.

"Thanks for reaching out," said Candy Bezon from Elba CSD. "I think it's great that you're doing that. Being a current Board member, I wish to decline to comment at this time as our current policy is that any media communication should be directed to our Superintendent, Keith Palmer or Board President, Mike Augello. Thank you and I hope you're having a great day."

Palmer shared the district's written policy, which says in part, "The Board President is designated as the spokesperson for the Board when the Board is making a statement on an issue. No other member of the Board individually will speak for, or in the name of, the Board unless by explicit direction of the Board. Board members should emphasize to the media when asked to speak as a board member that they can only speak as a private citizen."

For the 12 candidates who did not respond to the questionnaire, we sent a follow-up request for comment Friday morning (we also sent a reminder email Thursday morning, ahead of the deadline) and inquired as to why they did not respond to the candidate's questions. Not one of the dozen who ignored the candidate's questions acknowledged the follow-up questions.

We actually communicated with one candidate seeking votes, Sara Fernaays, who is unopposed for school board in Alexander, through Facebook messages. She also did not respond. The prior week, The Batavian attempted to interview her after a school board meeting and she declined an interview saying she feared trouble with the school district if she spoke with a reporter.

Policies in Batavia and Pembroke
In our research to uncover specific school board policies for all eight school districts in Genesee County, we first contacted Pat Burk, president of the board for city schools.

Burk said the way he understood New York law, school board members could share their personal opinions but should be clear they are not speaking for the board. They also must be careful not to discuss confidential information, such as information regarding specific students.

There are state and federal laws that protect certain student information (but not all student information) from disclosure.

"They (board members) are allowed to give their opinion but it is only a personal opinion, it is not reflective of the Board," Burk said in an email. "Most Board Members should, of course, say something on an individual issue to the extent of, 'While I feel___________, this is a matter for the entire Board and together we support _____________.  I stand by the Board's decision.'

"So with that in mind," he added, "many choose not to speak individually as it really doesn't carry any weight other than it is a personal opinion. I always tend to be pretty open about my personal opinions on school matters as long as they can be discussed, but I am very certain that the person I am speaking to realizes that it is a personal opinion and not the decision of the Board."

We were surprised, then, when Burk, as well as the other two school board candidates (Zach Korzelius and Shawna Murphy) in tomorrow's city schools election, did not respond to our questionnaire. Nor did any of the three acknowledge our follow-up email.

When they failed to respond, we followed up Superintendent Christopher Dailey, who also said school board members were free to express their own opinions on matters related to the school district so long as they protected confidentiality, though it is best to refer questions to a designated spokesperson.

"For District policies and issues that our BOE votes on, the Board practice is to have a spokesperson to share the result of the decision of the Board, if asked by the media," Dailey said.

The other school district in Genesee County that does not restrict board member speech is Pembroke.

Superintendent Matthew Caledron engaged in a transparent and lengthy email exchange with The Batavian about the issue.

Calderon said he believes board members in Pembroke would abide by the policy that questions from a reporter be funneled through the superintiendent; they are not prohibited from sharing their personal opinions on matters before the board.

"I am the official spokesperson, and at Board meetings, it is the Board President," Calderon said. "Individual Board members cannot speak on behalf of the Board or District, and if an individual board members wished to share their personal views with a reporter (or anybody else), while they have the constitutional right to do so, they would probably opt not to do so because most matters are best left to the superintendent or Board President to discuss."

In Calderon's first email response to The Batavian, he pointed us to policy guidelines from the New York School Boards Association that recommends school boards have a designated spokesperson and that individual board members only speak publicly when they make it clear they are expressing their own personal opinion.

From Calderon's email quoting NYSBA policy guidelines:

... when making statements to stakeholders, the public or the media, school board members have a duty to distinguish personal opinion from the established policy or articulated views of the board.  Only the board as a whole, or its designee, has authority to speak for the board.  Therefore, whenever communicating about issues related to the district, each board member should clearly state that he or she is communicating a personal opinion and is not speaking for the board.

One of the four candidates to answer our candidate's questions is John Cima, school board president, and the only candidate on Pembroke's ballot.

What's interesting about Pembroke's more permissive policy is the law firm Osborn, Reed & Burk LLP represents Pembroke, according to the district's minutes for its 2017-18 organizational meeting. Jennifer Schwartzott, the attorney for Alexander and Byron-Bergen, who has defended the speech restrictions in those districts, is a partner in that Rochester-based law firm.

School districts that restrict speech
Here is an overview of the responses we got when we surveyed school district's on their policies:

Alexander: Their policy was uncovered through prior coverage, which sparked this investigation.

Byron-Bergen: Superintendent Mickey Edwards said "I am the official spokesperson for the District per my contract and Board Policy. 'All statements of the Board will be released through the Office of the Superintendent...' An individual Board member should not make public comment on District matters."

Le Roy: Superintendent Merritt Holley said: "Our Board Policy states #3110, 'All statements of the Board will be released through the Office of the Superintendent and/or District Clerk.' For Le Roy CSD, this policy would direct all statements or questions from the Board to come through my office for publication."

Oakfield-Alabama: Board President Kimberly Staniszewski responded to our inquiry and stated: "All communication is delivered to the media by our school Superintendent or his/her designee. No board member is permitted to speak to the media unless authorized to do so by the Superintendent. I have attached Oakfield-Alabama media policy #3110." The attached copy of policy #3110 is about news releases and is moot on the question of whether board members are entitled to their own publicly shared opinions. Nor does it explicitly direct board members to refer questions to the superintendent. We requested clarification from Staniszewski and did not get a response.

Pavilion: Board President Marirose Ethington responded by quoting the district's policy manual: "As the official spokesperson, the Superintendent or his/her designee shall issue all news releases concerning the District. All statements of the Board will be released through the Office of the Superintendent and/or the District Clerk. Identifying a media spokesperson who will be briefed on all details. This spokesperson shall be the Superintendent or his/her designee. Only this spokesperson shall talk to and maintain a timely flow of information to the media."

Policies elsewhere
The Batavian performed a deep search of online resources to find any legal support for speech-restriction policies and could find none. Where we did find school boards and school board associations that address the issue, the common theme is: School boards should have an official spokesperson and emphasize that school board members are free to answer questions for public review but should emphasize they are speaking for themselves only.

In Ohio, for example, the Ohio School Board Association says: "Dealing with the news media can be intimidating, but responding to journalists is an important responsibility of school board members and administrators."

Stacy Bogard, a public relations specialist advising the Michigan School Boards Association wrote in a column, "you’ll want to do whatever you can to ensure that the media receives openness, honesty, accessibility and trustworthiness from every member of your board and administration."

Even the National School Board Association says that part of a school board member's job is talking with the media.

There have been a couple of attempts we found around the nation of school board members pushing to prohibit other school board members from talking with reporters and in those articles, attorneys and school board associations tend to agree such policies are unconstitutional, such as in New Jersey.

Janet Bamford, a spokesperson for the New Jersey School Boards Association, confirmed in a statement to the Herald on Friday that board members do indeed have that right and do not forfeit their First Amendment rights when serving on a school board.

"Typically boards, as a best practice matter, will designate someone to be the spokesperson for the district, usually the board president and the superintendent," Bamford wrote.

"However, school board members retain their First Amendment rights to comment on anything; however, they must make certain that it is known that they are only speaking for themselves, and not on behalf of the Board of Education."

In Houston, it was school board members who complained that district policies violated their free speech guarantees.

Local government reaction
Over the past two weeks, as we discussed these policies with elected officials in local government, they expressed surprise that such policies existed in local school districts, especially when school districts take such a large chunk of tax revenue from local property owners (see sidebar).

We asked Bob Bauch, chairman of the Genesee County Legislature about it, and he was just as shocked as everybody else and has a hard time believing it's actually true.

“I just can’t imagine a basis for that, if, in fact, it’s true -- that you could possibly tell an elected official they cannot talk to the press, particularly during an election campaign when they’re up for office,” Bausch said.

The way Jennifer Schwartzott, the attorney for Alexander and Byron-Bergen, sees it, school board members speaking at sparsely attended school board meetings should be sufficient for the public to understand their thinking on issues of public interest.

"The Education Law also confirms that in their individual capacities school board members do not have any greater power than other community members," Schwartzott said. "Their power to exercise their board duties arises when they are collectively assembled as a board, as is the case with most boards in municipal and even corporate settings. Community members who are interested in what the local board members have to say can attend board meetings when the members discuss issues, share their opinions, and make decisions."

NOTE:  Jennifer Schwartzott has left a comment on this story and communicated with us via email indicating she does not believe this story accurately represents her views. Please see her comment and our response below.

At school board meetings, members of the public, of course, are generally prohibited from entering into a dialogue with board members during board discussions to better probe each member's thinking on issues.

Bausch said he understands the need of reporters to ask questions after a meeting and thinks it is simply part of the process of informing the public.

“If you believe in a free press and public elections, I don’t see how you could possibly say you can’t talk to the press," Bausch said. "I mean, I could say something at Ways and Means that I’m going to vote a certain way and I and the other legislators could all agree and then vote.

"That doesn’t necessarily explain to you in any way what my thinking is on why I voted the way I did. It happens all the time, you could say, ‘I understand your vote but could you explain it to me?’ That’s your job if you’re going to represent yourself as a news person or a reporter or a member of the public.”

An apparent house fire is reported at 7354 N. Bergen Road, Bergen.

A retired city firefighter on scene says the fire appears to be in the basement. No flames showing but heavy black smoke.

Bergen fire dispatched along with Byron, South Byron, and Le Roy.

UPDATE 5:57 p.m.: The location is between West Sweden Road and Wood Road.

UPDATE 6:28 p.m.: The fire is under control. The family was away from the residence and took the family dog with them. A pet cat inside the residence died at the scene due to apparent smoke inhalation. Tanker is returning, in service.

UPDATE 7:48 p.m.: A Red Cross response is canceled. The family will stay with neighbors.

UPDATE 7:57 p.m.: Red Cross is continuing to the scene. They have other services to offer the homeowners.

UPDATE 8:12 p.m.: The actions of retired City Fire Captain Pat O'Donnell probably helped save this residence from complete destruction. He closed up windows and doors prior to firefighters arriving on the scene and was able to provide crews with the precise location of the fire once they arrived. "Closing up the house is very important," said Bergen Chief Chuck Dodson. "Out here where we have no water supply, we depend on tankers, we really need all the advantages we can get. Anytime we can get a fire closed up, limit the oxygen, limit the size of the fire, we’re going to be more successful."

UPDATE 8:21 p.m.: Bergen assignment back in service.

This is a form of interior ventilation I had not seen before. The flow of water pressure creates a kind of vacuum in the interior to help suck smoke out of the building.

The horses across the street were a little spooked by all of the activity.

There are too many Republican votes in the State Senate that are holding back important reforms that will move New York forward and Joan Elizabeth Seamans would like to replace one of them.

She's got her eye on the District 61 seat currently occupied by Michael Ranzenhofer.

"It is time that we (Democrats) get another vote in that Senate so we can have sensible laws and things that benefit our community," Seamans told a group of activist women gathered for a political workshop at the Dibble Family Center in Batavia.

"We have high taxes. It's a Republican problem and I'm going to tell you why. As long as we keep having corporate welfare and sending money downstate to luxury developers and not investing in our people we have a problem."

Seamans said she is one of nine children from her family and that they grew up poor. At 13, she had to start earning her own money to buy clothes for school. She has been in business for herself her whole life and has served in various political and civic groups.

The issues she raised today included early voting, the opioid epidemic, health care (she favors single payer), criminal justice reform, and bail reform.

She said New York needs sensible gun laws and criticized Ranzenhofer for voting against bipartisan legislation that would bar people convicted of domestic violence from possessing guns.

"This is is what sensible gun reform is," she said, "yet my opponent voted against this legislation. His no vote is obscene and demonstrates a voting record that is not only out of touch but it is anti-woman."

The biggest reform Albany must tackle, she said, is campaign finance, particularly the LLC loophole, which enables large donors to establish multiple limited liability corporations to make donations to political candidates at the $60,000 limit for each.

She said a "luxury developer" downstate has donated $100,000 to Ranzenhofer.

"That corporation has received hundreds of millions of dollars in tax breaks," she said, and then added, "This is why we need campaign finance reform, because we have corporations supporting candidates who give tax breaks to the wealthiest down state when we when we need those resources back here in Western New York."

(name redacted upon request; defendant granted youthful offender status, 18, of East Main Street, Le Roy, is charged with criminal possession of a controlled substance, 7th, criminally using drug paraphernalia 2ndp and unlawful possession of marijuana. David C. Renteria, 18, of Bernd Road, Pavilion, is charged with criminal possession of a controlled substance, 7th, and criminally using drug paraphernalia, 2nd. Eric J. Bratcher, 29, of Pringle Avenue, Batavia, is charged with criminal possession of a controlled substance, 7th, and criminally using drug paraphernalia. On Wednesday, Batavia PD conducted a traffic stop on a vehicle on Pringle Avenue. Members of the Local Drug Task Force participated in the traffic stop and found the occupants allegedly possessed crack cocaine, oxycodone, marijuana, and drug paraphernalia. xxxx was also issued traffic citations.

Laura Ann Fronczak, 35, of Lake Street Road, Le Roy, is charged with driving while ability impaired by drugs, window tint violation, and unlawful possession of marijuana. Fronczak was stopped at 2:26 p.m. Wednesday on Route 33, Stafford, by Deputy Ryan DeLong.

There is a man at UMMC tonight who may live because a family residing on South Street Road in Pavilion acted fast to pull him from the wreckage of his truck after he apparently suffered a heart attack, performed CPR, and called 9-1-1.

"I looked out my kitchen window," Eileen Ostrander said. "I ask my son and my granddaughter, 'is it raining that hard or is there a fire?' We went the kitchen door and then we heard the tires spinning. It was still in gear."

They didn't realize at first that somebody might need their assistance.

"It took a second to realize what was happening," said her son, Joe Condidorio. "You know, a lot of people on four-wheelers, tractors, so we took a few steps and we looked at each other and we realized what was going on and we just sprinted toward the truck."

Ostrander said she used to be a track star but this time her son beat her to the truck.

The truck was wedged into a grove of pine trees on the other side of a field across the road from their house.

When they got to the blue pickup truck, it was still in gear, the man's foot was full-throttle on the gas, smoke was spewing from the back tires and the driver was slumped over the wheel.

Condidorio undid his seat belt, turned off the engine and slapped him gently on his face to see if he would respond. His daughter, Isabella, called 9-1-1.

"He was unresponsive," Condidorio said.

Ostrander, who has worked for HomeCare & Hospice and Crossroads House, felt for a pulse. There was none.

Condidorio pulled the man from the vehicle and into the field. Ostrander started CPR.

Often times, dispatchers must talk a person through CPR procedures but Ostrander knew what to do.

"Actually, when I had my children it was the best thing I ever could have done was to take the CPR course," Ostrander said. "Everyone should."

By the time medics arrived, the man's pulse had returned and an EKG showed he had suffered a heart attack. At the time he was transported by Mercy EMS to UMMC, he had a regular heartbeat.

Condidorio said what his mom did was amazing and the family pulled together in a team effort.

"She probably couldn’t have gotten him where I got him to," he said. "She took over from there, so it was a great team, and with my daughter calling 9-1-1, too."

(Initial Report)

A serious-injury accident is reported in the area of 9663 South Street Road, Pavilion, near the town line with Le Roy.

A person was ejected from the vehicle; CPR in progress.

Pavilion fire and Mercy EMS dispatched. Mercy Flight on in-air standby.

UPDATE(S) (By Billie) 8:34: p.m.: A landing zone for the helicopter is being set up.

UPDATE 9:11 p.m.: Residents in the area heard an engine revving; upon inspection, they found a truck wedged in a grove of pine trees, its driver passed out and unresponsive with his foot on the gas pedal, wheels spinning in place. His body had no pulse. A nearby resident arrived on scene, turned off the engine and pulled the victim out of the vehicle and onto the ground. That rescuer's mother, who is a nurse, was also there and performed CPR. The victim was subsequently taken via ground ambulance by Mercy medics to UMMC.

(Follow Up)

It's been 22 years since Guadalupe Hernandez was arrested on a burglary charge in the Town of Byron but just this past week an appeals court ruled his three-to-six-year sentence handed down in 2016 was "too harsh."

The sentence was reduced to one year.

Hernandez, 41, was first arrested in 1996. He failed to appear for his arraignment on the felony charge and was re-arrested in 2011. In November, he entered a guilty plea with a sentence cap of five years in prison. He then disappeared again -- in both cases, he reportedly left the area -- and wasn't re-arrested until 2016.

The Appellate Division, Fourth Judicial Department, agreed with the argument by Hernandez's attorney that the sentence was unduly harsh considering the nature of the crime.

"My understanding is that it may have been in part because of the nature of the burglary," District Attorney Lawrence Friedman said. "Apparently, there was a fight going on outside of a residence and, I believe, the defendant chased someone else into the residence and continued it, or did something, but entered with the intent to commit a crime.

"So it's not what you probably think of as your typical burglary. It wasn't someone breaking into someone's home to steal something. So that certainly may have been one of the factors weighed on appellate division finding this to be harsh."

The court rejected the defense contention that Hernandez wasn't properly warned that if he failed to appear in court he would lose his sentence cap, stating that since Hernandez didn't object in court he had failed to preserve that contention for court review.

Friedman said overturning sentences as too harsh is rare, primarily because most sentences are part of a plea agreement and the defendant clearly agreed to these terms.

Some years ago, Friedman's office started requiring defendants who enter a plea agreement to waive their right to appeal the sentence as a condition of the plea deal. Hernandez was convicted before that practice was established.

      Deputy Ryan Young

By the time Deputy Ryan Young arrived at the Log Cabin Restaurant in Indian Falls at 11 p.m. on April 11, he knew a customer had caused a disturbance in the restaurant and that the customer had fired at least two shots from a firearm.

As Young and other deputies arrived in the parking lot that Wednesday night, they heard another shot being fired.

Keith Kent, a 61-year-old logging company owner from Albion, spotted by deputies in the parking lot carrying a handgun, did not respond to verbal commands to drop his weapon.

At a press conference today about the shooting, First Assistant District Attorney Melissa Cianfrini said, "He began to advance in the direction of Deputy Young, raising and ultimately pointing his revolver at Deputy Young. Deputy Young fired several rounds and Mr. Kent was shot."

Kent was hit in his neck and grazed by a bullet across his back. He was pronounced dead at the scene.

Following a month-long investigation by State Police -- that District Attorney Lawrence Friedman characterized as "thorough" -- a Grand Jury reviewed the evidence and returned what is known as a "no bill," which means the Grand Jury found no reason to charge Young with a crime.

Friedman said the Grand Jury ruled the shooting was justified.

While Friedman and Cianfrini are prohibited by law from discussing anything that happened during the Grand Jury hearing, they are free to discuss what the State Police investigation uncovered.

The narrative of events starts with Kent trying to talk with a woman at the bar of the Log Cabin.

"He was talking with the woman at the bar and she was not receptive, I guess you might say, to what he was saying to her," Friedman said. "He was asked to leave her alone and ultimately was asked to leave the bar and was removed from the bar under protest."

After he went outside, either patrons or employees or both continued to observe him as he walked to his truck.

By this time, a person at the Log Cabin had already called 9-1-1 and remained on the phone with an emergency dispatcher providing updates as "the situation quickly escalated," as Cianfrini put it.

Investigators were not able to determine if Kent retrieved a revolver from the truck or if he already had it on him when he left the bar. He was a valid permit holder for the revolver, Cianfrini said.

After reaching his truck, he started to walk back to the bar and fired two shots into the air.

"Patrons at the restaurant and employees went down into a basement and began to arm themselves with materials in the basement while hiding," Cianfrini said. "Mr. Kent did re-enter the restaurant and threats were made."

There is no evidence that Kent fired his revolver while inside the restaurant.

He walked back outside.

"He was given multiple directives by sheriff's deputies to drop his weapon," Cianfrini said. "He did not comply with those directives."

Young was armed with his duty AR-15. As Kent pointed his revolver at Young -- who was 50 to 80 feet away from Kent -- the deputy fired 15 shots, which did not empty his magazine, Cianfrini said.

No other deputies fired their weapons during the incident.

"I believe that the reason why other deputies may not have discharged their firearms was because of the concern that there may have been patrons in the restaurant area," Cianfrini said. "They weren't fully aware where the patrons or employees in the restaurant were, and so under their standing orders, they were not in a position where they could safely discharge their firearms."

The narrative of events was established by witness statements, body camera recordings, 9-1-1 recordings, and the available forensic evidence.

"What I can tell you about the body-worn camera footage is that this incident took place during the night," Cianfrini said. "It was dark. There was limited lighting. There were no body-worn camera recordings that directly caught the incident."

Friedman said, however, the recordings were useful to the investigation, especially the audio portions of the recordings.

Asked if Kent made any statements before being shot, Friedman said he doesn't believe he did.

Friedman expressed confidence that the shooting was justified.

"I would say, in addition, that throughout this very thorough investigation, interviewing of everyone who was there, there was never the slightest hint that would indicate that this was anything other than justified."

Previously:

• BREAKING: Grand Jury finds Log Cabin shooting death justified
• UPDATE: Deputy shoots and kills armed suspect at Log Cabin Restaurant
• Man shot and killed after pointing handgun at deputy outside Log Cabin Restaurant
• Man shot by deputy at Log Cabin was looking for a fight according to early reports from the scene
• Deputy Ryan Young is identified as officer involved in Wednesday night's shooting at Log Cabin Restaurant
• BPD officer who shot robber in 1977 says 'don't let others second guess you'
• Once all the evidence is in, DA will face decision on whether to have Log Cabin shooting case reviewed by grand jury

The shooting by a deputy that resulted in the death of Keith Kent in the parking lot of the Indian Falls Log Cabin Restaurant the night of April 11 was deemed justified, the District Attorney's Office announced at a press conference this afternoon.

The Genesee County Grand Jury returned "No Bill" for Sheriff's Deputy Ryan W. Young after a thorough investigation by State Police and a complete review of the evidence by the jury, District Attorney Lawrence Friedman said.

Follow Up: All evidence pointed to justified shooting at Log Cabin, DA says after Grand Jury clears deputy

A "very large fire, larger than we had before," according to the East Pembroke fire chief, is reported at Edward Arnold Scrap Processors Inc., 2216 Angling Road, Corfu.

East Pembroke fire along with Corfu, Indian Falls, and Town of Batavia are dispatched in a second alarm.

UPDATE(S)(By Billie) 5:54 p.m.: Oakfield Fire Police are requested to shut down traffic at Angling Road and West Avenue.

UPDATE 5:57 p.m.: A reader sent in this photo above of the huge plume of smoke that is visible from Galloway Road.

UPDATE 5:59 p.m.: Per command, all firefighters responding are told this fire is to be fought defensively.

UPDATE 6:09 p.m.: All available manpower from Town of Batavia Fire Department is requested to stand by in quarters.

UPDATE 6:12 p.m.: Tankers are requested to the scene from Elba, Alexander and Alabama.

UPDATE 6:18 p.m.: Mercy medic #1 is asked to stand by in East Pembroke Fire Hall.

UPDATE 6:28 p.m.: All available manpower, including EMS, from Corfu called to stand by in quarters.

UPDATE 6:48 p.m.: Although smoke spewing from the scene is roughly half what it was, firefighters are having some difficulty fighting the blaze. Storage trailers that are stationed along an access road are preventing firefighting apparatus from reaching the north corner of the site.

UPDATE 10:08 p.m.: East Pembroke is back in service.

UPDATE 10:21 p.m.: Fire photos:

Here's another reader-submitted photo, taken from Stannard Road, Alexander.

Domingo Gomez-Gomez

A 50-year-old Alexander resident who may not be in the country legally is accused of raping a coworker and then, when deputies showed up to investigate the rape report, he is accused of presenting them with forged documents.

Domingo Gomez-Gomez, 50, of Alexander Road, Alexander, is charged with rape in the first degree, possession of a forged instrument, and offering a false instrument for filing with intent to defraud. 

The alleged rape was reported about 1 a.m. on April 28 after Gomez-Gomez forced a female coworker to have sexual intercourse with him. 

When he was questioned by Deputy Investigator Joseph Loftus and Investigator Christopher Parker, Gomez-Gomez allegedly produced numerous false instruments to identify himself. 

He was arraigned Saturday and jailed on $100,000 bail or $200,000 bond.

ICE is investigating whether Gomez-Gomez is in the country legally.