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If you found an intruder in your house, would you know what to do?

Even if you were armed, would you know what to do?

Or would you panic?

Training in advance of stressful situations is key to surviving potentially hazardous conflicts and defusing them safely for yourself, your family members and even the intruder.

M&S Tactical Solutions in Batavia has set up an Active Home Invasion System at its facility in the Harvester Center in Batavia.

It's designed to provide training for the company's primary clients, local residents who want to improve security in their home, especially if they keep a firearm.

Yesterday, Sheriff William Sheron and members of his command staff -- Greg Walker, Jerry Brewster, Bill Zipfel, and Joe Graff -- toured the new facility (along with Mercy medic Wade Schwab) and Zipfel and Graff both went through simulated home invasion scenarios to experience how the training works.

"I like it because it’s realistic," Zipfel said. "It's not like our tower. There’s actual furniture. It’s really nice."

While the AHIS is set up to train civilians, it's also used by local police officers to get extra training and practice in detecting and reacting to threats in real-life scenarios.

Participants, if armed, are armed with realistic-looking airsoft pistols and wear face masks.

When it's civilians going through, they are given a basic firearm safety course, even if previously trained, just to make sure everybody is on the same page, said M&S owner Jeff McIntire. Then they're put in a scenario to see how they handle it. McIntire and his staff monitor the home invasion scenario thorugh closed circuit video so they can review how things played out with the participants.

"We don’t give them anything at first," McIntire said. "We put them over there because we want to see what your natural reaction is. I want to see what you naturally do. Then we come back here and debrief. Now we can start actually talking about what to do."

One recent participant fired first and asked questions later. That's a measure, McIntire said, of how realistic and stressful the scenarios can be. The adrenaline pumps and your autonomic systems take over and pushes your mind into "fight or flight" mode.

Getting past those automatic responses is what training is about. Repetition helps build up a kind of muscle memory that helps you stay calm and make better decisions.

To help teach the importance of good decision making, not all of the "intruders" are hostile. They might be an Alzheimer patient who is convinced he's in his own home, or a neighbor just knocking on your door. The intruder might even be your wife home early from work. In other words, not every scenario is hostile but could end in tragedy without proper training.

And not every intruder deserves to be shot. A TV, McIntire noted, is not worth a person's life. Participants are taught to better recognize which intruders pose a real life or limb threat to themselves or a family member.

The scenario yesterday for Graff involved the chief deputy just returning home from work. There is an intruder going through his belongings in his bedroom. At some point, the intruder comes out of the room and Graff became aware he was there. In this case, Graff drew his pistol and shouted for the intruder to put his hands where he could see them and get on the ground. As the intruder went down, he was instructed to reach for his mobile phone in his pocket. Graff yelled for him to put his hands back up and the intruder fumbled with his phone and drop it. Graff did not fire.

In the other scenario, Zipfel came home, grabbed a beer and went in the bedroom to ly down. Then two intruders entered. They began searching the living room for items and Zipfel heard the noise. He crouched down, entered the room, spotted the intruder and ordered him to the ground. As he approached the intruder, the second intruder started to enter the room from the kitchen, gun pointed at Zipfel. Zipfel shot him.

In both cases, with their boss Sheriff Sheron watching, they made the right decision.

While officers who use the facility for training aren't earning any sort of certification, McIntire said he recognizes the need for officers to get numerous repetitions of potentially dangerous situations to help improve their decision making.

Whether civilian or officer, repetition and review are key training tools for improved performance.

Without training, McIntire, people often revert to what they've seen on TV or in a movie, and that's not a good place to be.

McIntire said, "We stress getting people to that point with muscle memory where they say, 'I don't have think. I just know what to do.' "

Top photo: The tour in the living room apartment. Next two photos, Graff during his scenario. Fourth photo, monitors showing Zipfel's scenario. Bottom, McIntire and Walker in the facility's firing range (where airsoft guns are used). 

It's not the 107-year sentence former County Court Judge Robert C. Noonan handed down to convicted child molester Sean Vickers, but Vickers will still serve many decades in prison. 

Earlier this year, the jury trial conviction of Vickers was overturned on appeal because the appeals court found he wasn't properly tried under the same counts in the original indictment against him. 

It looked like a new trial for Vickers, but in October, Vickers agreed to a plea agreement. While that means Vickers might avoid a similar 100-year sentence, it also means his victims won't be required to testify again.  

On that guilty plea, today Judge Charles Zambito sentenced Vickers to the agreed-upon 40-year prison term.

He was already serving a 20-year term on a similar conviction in Niagara County.

Nicholas G. Williams, 41, of West Main Street Road, Batavia, is charged with criminal contempt, 2nd, and burglary, 2nd. Williams is accused of unlawfully entering a dwelling in Le Roy with the intent to commit a crime, thereby violating a court order to stay away from the resident. He was also charged with resisting arrest. He allegedly resisted officers when they attempted to place handcuffs on his wrists. He was jailed on $10,000 bail.

Christina M. Sanchez-Anderson, 29, and Kodey R. Mills, 24, both of Church Street, Le Roy, were charged with criminal possession of a controlled substance, 7th. Sanchez-Anderson and Mills were arrested after Le Roy PD responded to a report of a domestic disturbance at 9:30 a.m., Sunday. During the investigation police allegedly observed a crack pipe in plain view in the living room. Mills was released on an appearance ticket. There was a warrant for the arrest of Sanchez-Anderson on an unrelated charge. She was jailed on $1,000 bail.

Lori A. Say, 50, of Roanoke Road, Stafford, is charged with petit larceny. Say is accused of shoplifting from a business on West Avenue in the Village of Le Roy.

James M. Tinker, 25, of Fowler Road, Linwood, is charged with criminal mischief, 4th. Tinker is accused of punching and breaking the window of another person in the Village of Le Roy during a dispute. Tinker was treated for cuts on his hand an issued an appearance ticket.

Chazmar T. Walters, 25, of Myrtle Street, Le Roy, was arrested on a warrant for alleged failure to appear. 

Brian Gilbert Keller, 22, of Sumner Road, Darien, is charged with criminal contempt, 1st, and harassment, 2nd. Keller allegedly spit in the face of another person, a violation of a refrain from offensive conduct order of protection. He was jailed on $10,000 bail, $15,000 bond.

A 64-year-old Elba resident died yesterday following a traffic accident on the Thruway at mile marker 417.2, in Depew, when he was unable to stop in time to avoid rear-ending a tractor-trailer that stopped quickly to avoid another collision.

Edward Torres was transported by ground ambulance following the accident at 1:54 p.m. to Erie County Medical Center where he was pronounced dead.

State Police say Torres was eastbound behind a tractor-trailer that was also eastbound. There was an accident ahead of the truck and the truck came to an abrupt stop. Torres was unable to stop in time to avoid a crash.

There were other people injured and one person remains in serious condition.

The accident remains under investigation.

A skidster is reportedly on fire inside a barn at 7116 Norton Road, Elba. The barn is 75 feet from a house. Elba Fire Department is responding along with Byron. Stafford is requested to stand by in quarters. The location is between Ford and Edgerton roads.

UPDATE 5:08 p.m.: Fire police are requested to shut down traffic at Route 262 and Edgerton Road. Command at the scene tells responders to "take it easy coming in," due to road conditions.

UPDATE 5:23 p.m.: City Engine 11 and Town of Batavia Engine 24 are on scene, too. This is now a working barn fire.

UPDATE 5:28 p.m.: Fire police also requested for traffic control at the intersection of Edgerton and Norton roads, and at Batavia Elba Townline Road and Norton Road.

UPDATE 6:15 p.m.: This occurred at barns owned by Torrey Farms. The fire did not cause structural damage to the barn. Some hay spread through the barn did catch on fire. But there were 120 cows inside and all of them were unharmed and safely evacuated. Cow trailers are being deployed to shuttle the cows to CY Farms' Heifer Farm, where they will be kept temporarily. It is estimated that it will take about 10 trips to transport the cows for safekeeping.

UPDATE 6:24  p.m.: Elba Fire Chief Mike Heale said the skidster fire sparked some hay but there's no significant structural damage to the barn; some top beams may be singed in places -- a later inspection can confirm that. Heale said there was no extension of the blaze.

UPDATE 6:57 p.m.: Town of Batavia back in service, returning.

UPDATE 7:05 p.m.: Elba back in service. Roads reopened.

UPDATE 7:27 p.m.: Correction, the road is still closed. It is closed until the cows have been moved so the trucks can more safely back in. There is at least one more round trip for the trucks.

      Benito Gay

Benito A. "Red" Gay, 29, of Vine Street, Batavia, is charged with two counts of criminal sale of a controlled substance, 3rd, and criminal possession of a controlled substance, 3rd.

Gay is accused of selling crack cocaine to an agent of the Local Drug Task Force on two occasions.

He was indicted by a Genesee County Grand Jury on a sealed indictment.

On Dec. 28, Deputy Ryan DeLong identified Gay as the operator of a vehicle in the Town of Batavia. Following a traffic stop, he was charged with DUI - Drugs, unlawful possession of marijuana, unlicensed operation, and registration plate display violation.

He was issued tickets and released.

Later that evening, deputies learned that Gay was wanted on a sealed grand jury indictment. They proceeded to Gay's residence on Vine Street and took him into custody on the warrant.

He was jailed pending further court proceedings.

Michael A. Shetler is indicted for crimes which allegedly occured in the Town of Oakfield in November. In count one, he is accused of third-degree assault, a Class A misdemeanor. It is alleged that on Nov. 4 Shetler intentionally caused physical injury to another person. In count two, he is accused of fourth-degree criminal mischief, also a Class A misdemeanor, for allegedly intentionally damaging the property of another person -- a cell phone -- on Nov. 4. In count three the defendant is accused of the crime of endangering the welfare of a child, another Class A misdemeanor. It is alleged in count three that on Nov. 5 Shetler knowingly acted in a manner likely to be injurious to the physical, mental or moral welfare of a child less than 17 years old. In count four, the defendant is accused of criminal obstruction of breathing or blood circulation, a Class A misdemeanor, for allegedly applying presuure on the throat or neck of a person "while in the kitchen near the door to the residence." In count five, Shetler is accused of criminal obstruction of breathing or blood circulation on a second occasion on Nov. 5. In count six, the defendant is accused of unlawful imprisonment in the second degree, a Class A misdemeanor, for allegedly restraining a person on Nov. 5. In counts seven and eight, Shetler is accused of second-degree strangulation, a Class D violent felony. It is alleged in counts seven and eight, respectively, that on Nov. 7 Shetler intentionally impeded the normal breathing or blood circulation of another person by applying pressure to the throat or neck of the person, thereby causing stupor, loss of consciousness for any period of time, and/or any other physical injury or impairment while in the bedroom and again while in the bathroom of the residence. In count nine, he is accused of another count of unlawful imprisonment in the second degree for allegedly restraining a person on Nov. 7. In count 10, this man is indicted on another count of third-degree assault for allegedly intentionally injuring a person on Nov. 7. In count 11, he is accused of criminal obstruction of breathing or blood circulation of a person on Nov. 11. In count 12, Shetler is accused of fourth-degree criminal mischief for a second time for allegedly intentionally damaging a person's cell phone on Nov. 11.

James J. Spivey is indicted for the crime of second-degree robbery, a Class C violent felony. It is alleged that on Oct. 25 in the City of Batavia that Spivey forcibly stole property when he was aided by another person who was present. In count two, he is accused of attempted second-degree assault. It is alleged in count two that in the commission, or attempted commission of a felony -- second-degree robbery -- that he or another participant attempted to cause physical injury to a person not involved in the commission of the crime. In count three the defendant is accused of second-degree attempted assault. It is alleged in count three that on Nov. 28 in the City of Batavia that with intent to injure another person, he did so by means of a dangerous instrument -- his footwear.

Lionel J. Anderson Jr. / AKA "PJ" is indicted for the crime of second-degree assault, a Class D violent felony. It is alleged that on Nov. 28 in the City of Batavia that the defendant intentionally caused physical injury to another person by means of a dangerous instrument -- "a street curb and/or a belt."

Robert C. Paris is indicted for the crime of driving while intoxicated as a Class E felony. It is alleged that on Oct. 7 Paris drove a 2000 Chevrolet on Route 63 in the Town of Batavia while in an intoxicated condition. In Special Information filed by the District Attorney, Paris is accused of having been convicted of DWI as a misdemeanor on April 27, 2016 in Batavia City Court and that conviction was within 10 years of the commission of the crime alleged in this indictment.

Robert R. Greiner III is indicted for the crime of driving while intoxicated as a misdemeanor. It is alleged that on June 3 in the Town of Darien that Greiner drove a 2015 Nissan while intoxicated. In count two he is indicted on DWI, per se, as a misdemeanor for allegedly having a BAC of .08 percent or more at the time. In count three the defendant is accused of the crime of unauthorized use of a vehicle in the third degree, a Class A misdemeanor. It is alleged in count three that on June 3 in the Town of Darien that Greiner drove the Nissan knowing that he did not have the owner's consent to do so.

John R. Clee is indicted for the crime of criminal possession of a forged instrument in the first degree, a Class C felony. It is alleged that on July 15 in the Town of Alabama that he intended to defraud, deceive or injure another party by knowingly possessing a forged instrument -- a counterfeit $50 bill in U.S. currency.

In the time the world has gone from rotary phones to smartphones, and the nation has gone from Nixon to Trump, and Adam-12 and Kojak on network TV to viewers streaming Fargo and True Detective, Gordon Dibble has lived out a career in law enforcement.

Not much has changed in 43 years, though.

Dibble said the thrill for cops is still in catching the bad guys.

"Well, you know, the best part about it, and it sounds funny, but we all get in this job to catch the bad guys," Dibble said during his retirement party Friday at the Sheriff's Office. "That's really what we're here for. So, so many times you know who's done the crime. You can't prove it. You can't get them. And that's the most frustrating part.

"But when you're actually involved in catching one of them, physically catching them, like you chase them and you know it is somebody who you know did something wrong, and you know you know, and you get to chase them and maybe physically catch them, I think that was one of the more rewarding things that a guy (in law enforcement) will do."

Dibble feels fortunate to spent his entire career with the Genesee County Sheriff's Office.

He was hired Jan. 6, 1973, by then-Sheriff Roy Wullich, who was six days into his new job, making Dibble his first hire. Dibble, who spent four years in Chicago going to college and getting a degree in corrections, was assigned -- like all new deputies then -- to the jail. After a year, he was transferred to road patrol. After five years on the road, he became the juvenile officer. Then, in 1996, he was put in charge of road patrol with the title of chief deputy.

For a lot of people who work in law enforcement, they call it a career after 21 years. That's how long Dibble headed up road patrol after already putting 22 years in the Sheriff's Office.

"I think that people in this line of work," Dibble said, "they're either the 20-and-out type of people and they're going to maybe go do something different or you're here, you know it, and maybe hopefully become the sheriff or the undersheriff or whatever. You know I think that those are pretty common tracks.

"I was lucky," Dibble added. "I mean, I got different things to do and not everybody gets to do that. There are a lot of great people here that don't get those opportunities because it's just a small department."

Dibble said he was also lucky to work in the kind of job where you never know what your workday is going to be like when you show up at the office. Every day is different and unpredictable. That made 43 years go by fast.

"I know when I worked in factories that clock never moved on a wall," Dibble said. "But this job, you know, days went by, weeks, and months went by, years went by like nothing," repeating with emphasis, "like nothing."

During his farewell speech, Dibble said he felt lucky to work with a lot of good people, not just in the Sheriff's Office, but with Batavia PD, Le Roy PD, State Police, the County Legislature, and other agencies that interact with local law enforcement, and even the local media.

"That's why small towns are great," Dibble said. "Everybody knows everybody and we all want to get the job done."

At the end of our interview, asked if there was anything else he wanted to add, Dibble came back to the theme that he shared during the interview and his farewell speech, how lucky he has been.

"I'm very lucky that I've worked for a great department," he said before taking a long pause, " ... with some really good people. Like I said, I'm a lucky guy. That's all."

Jail Superintendent William Zipfel, Undersheriff Gregory Walker, retired Chief Deputy Gordon Dibble, Sheriff William Sheron, Chief Deputy Jerome Brewster.

The incoming chief deputy of road patrol, Joseph Graff, and Gordan Dibble have fun changing name plates on Dibble's old office.

A deal to sell property on Ellicott Street to Savarino Companies for development of Ellicott Station, which includes a restaurant, office space, and apartments, was finalized in Buffalo today.

Pier Cipollone, president of the Batavia Development Corporation, and Julie Pacatte, economic development coordinator for the BDC, were authorized earlier this week by the BDC board to finalize the property transfer.

Technically, the BDC sold Ellicott Station LLC to Ellicott Station Development LLC/Savarino Companies. Ellicott Station LLC, not the BDC or the City, was the owner of the real estate.  

The sale needed to close by Jan. 31 because of changes in the tax law would have meant loss of a $200,000 tax credit for the new owners.

Savarino is still working with 16 different entities to finalize financing for the development and has some environmental investigations yet to complete. Officials expect financing to close by mid-February.

The Buffalo-based firm is making a direct investment of about $3.5 million and will borrow approximately another $10 million or more, and local, state, and federal programs will cover another $5 million or so of the more than $18 million in project expenses.

Some of the financing is coming through the New Market Tax Credit program, which is one factor in why the financing is complicated (see prior story).

Resurgence Brewery will be the anchor tenant for the development and BDC officials expect a 2018 opening for the new restaurant.

The approximate 64,000-square-foot development will include office space and a five-story apartment complex with 51 units.

The location is the former buildings of Santy's Tire Sales and Soccio & Della Penna Construction.

Investigators are unsure why a 2004 Acura TSX driven by Tracy B. Carpenter, 54, of Oakfield, crossed the center line on Route 33 in Stafford just before 12:30 p.m. today and struck a westbound semi-truck head on.

Carpenter was pronounced dead at the scene by Coroner Donald Coleman.

The weather was not a factor, according to the Sheriff's Office investigators. The road was dry and the sky was clear.

The accident closed Route 33 between Prole Road and Caswell Road for the entire afternoon. Stafford fire is just now clearing the scene. The Department of Environmental Conservation's spill management crew is still working to clean up a fuel spill. National Grid was on scene to replace a utility pole that was broken when the semi-truck struck it.

The 2007 Western Star was driven by Fay B. Warner, 67, of Geneseo. Warner was not injured in the accident.

The crash is being investigated by deputies Jenna Ferrando, Joseph Loftus, Chris Erion, and the Crash Reconstruction Unit. 

Stafford fire responded along with Byron fire, South Byron fire, and Bergen fire to assist at the scene and block roads. Mercy EMS also responded. State Police also assisted at the scene.

(Initial Report)

A head-on collision between a semi-truck and a car is reported on Route 33 in Stafford. One person is reportedly "unresponsive." Mercy medics and Stafford fire are responding.

UPDATE 12:32 p.m.: The accident is in the area of 5882 Clinton Street Road (Route 33).

UPDATE 12:35 p.m.: There is a lot of debris in the roadway. The roadway is blocked. Bergen Fire Department is called. Extrication equipment will be needed.

UPDATE 12:38: Stafford command also requests Byron and South Byron fire departments to the scene, which is between Mill Road and Westbrook Morganville Road. Mercy Flight #7 is called in; a 15-minute ETA. "We need the extrication as soon as possible for this one patient," says a first responder.

UPDATE 12:41 p.m.: The extrication equipment is en route. Fire police are going to close the roadway near the scene.

UPDATE 12:48 p.m.: National Grid is called because the semi struck a utility pole, which is still standing but "it's damaged and it's making some noise."

UPDATE 12:56 p.m.: Stafford commands says "Just be aware this (roadway) is going to be shut down for awhile."

UPDATE 1:07 p.m.: National Grid is on scene.

UPDATE 2:21 p.m.: Genesee County Undersheriff Gregory Walker confirmed this was a fatal accident. The driver and sole occupant of an eastbound sedan was killed, Walker said, after the vehicle crossed the center line and collided head on with a westbound tractor-trailer hauling food products. The trucker was not injured. "He tried to avoid (the crash)," Walker said. "He saw it coming over the center line and tried to avoid it. He couldn't avoid it." The trucker swerved into a ditch yet there was still a head-on collision. The accident reconstruction/crash management team is taking measurements at the scene and investigating. National Grid also has to replace the broken utility pole before the roadway can be reopened. Next of kin notifications are being made and the victim's information will be released afterward. Walker said the roads are dry now and were at the time the accident occured, so icy road conditions were not a factor. "We're not sure of the reason," that the accident happened, Walker said.

Lazeula D. Washington, 40, of State Street, Batavia, is charged with trespass. Washington is accused of entering the Genesee Country Mall though previously barred from the property. He was jailed on $250 bail.

Jeffery Thomas Dutton, 26, of Buell Street, Batavia, is charged with harassment, 2nd. Dutton was arrested after police responded to Walnut Street for a report of two men fighting.

Zachary J. Marrow, 26, of Seven Springs Road, Batavia, was arrested after allegedly failing to appear on a subpoena related to a charge of criminal contempt, 2nd. 

Dexter L. Turner, 26, of Victor Lane, Hamlin, was arrested on two warrants out of City Court. He was jailed on $5,000 bail or $10,000 bond.

David C. Wojkowski, 33, of Swan Street, Batavia, was arrested on a warrant for alleged failure to appear on a traffic ticket.

Daniel J. Horner, 37, no permanent address, was arrested on a warrant for alleged failure to appear on a prior appearance ticket.

Deina Chavez, 36, of Rochester, is charged with conspiracy and petit larceny. Deina was arrested by State Police in relation to an incident reported at 1:13 p.m. Oct. 28 at Kohl's Department Store. Chavez was jailed on an unspecified amount of bail. No further details released.

      Amber Holland      Jennifer Martino

Two women are in custody following an apparent confrontation inside another person's home in Alexander at 5:28 p.m., Tuesday.

Arrested were Jennifer Martino, 42, of Pearl Street, Batavia, and Amber Holland, 35, of Cambridge Square, Buffalo. They were charged with second-degree robbery, second-degree burglary, criminal mischief, 3rd, endangering the welfare of a child, and criminal mischief, 4th.

According to the Sheriff's Office, the duo forced their way into the home of an acquaintance. Once inside, investigators said, there was a physical confrontation. The duo also allegedly damaged property and stole property belonging to the resident.

Martino and Holland allegedly prevented the victim from calling 9-1-1 by taking the person's mobile phone. 

One of the occupants of the home was reportedly a 12-year-old child.

No significant injuries were reported.

Following the report, deputies located a vehicle with Holland and Martino inside and Holland driving. She was also charged with DWI, failure to submit to breath test, and unlawful possession of marijuana.

The pair were arraigned in Alexander Town Court and jailed on $10,000 bail or $20,000 bond each. Holland was also arraigned in City Court and ordered held on the DWI charge on $2,500 bail.

The investigation was conducted by Deputy Micheal Lute, Deputy Kyle Krzemien, and Investigator Joseph Graff.

More people in Genesee County now have jobs or want jobs than the same period a year ago, and this has actually meant the county's unemployment rate grew from November 2016 to November 2017, according to the latest statistics from the Department of Labor.

The November labor force is an estimated 29,600, up from 29,000 a year ago and while the number of people with jobs grew, the number did not grow as much as total labor force participation.

Labor force participation is the measure of how many people either have jobs or who report they are under-employed and looking for full-time work or are unemployed and looking for work.

The county's labor force participation rate has been at or below the previous year's number for more than a year.

While the pool of eligible workers grew, so did the total number of employed people. In all, 400 more people in the county are reported to have a job in November than the previous year. The total grew from 27,700 to 28,100.

Even with that growth, the bigger jump in total participation meant that county's unemployment rate grew from 4.5 percent to 5.1 percent year-over-year.

The GLOW-area unemployment rate rose at the same pace, hitting 5.3 percent, up from 4.7 percent a year ago. Buffalo's rate rose from 4.9 percent to 5.3 percent and Rochester, from 4.5 percent to 5.1 percent.

The state's rate was 4.5 percent.

Earlier this month, the Department of Labor reported 22,600 non-farm jobs in Genesee County, down from 22,500 a year earlier. There were 16,700 private sector jobs in Genesee County for November 2017, the same as 2016.

STORY UPDATED: 12:30 p.m.

Police are trying to locate the driver of a vehicle that struck a jogger on Richmond Avenue near the Blind School at 5:09 a.m., Friday.

Batavia PD is unable to provide a vehicle description or information on whether the vehicle was damaged. 

A Good Samaritan who stopped to assist the jogger, Rosemary Demske, did not see the vehicle that struck her. He thinks.

Glen Enouen, an employee of Scalia's Landscaping who was working that morning driving a snowplow truck, said he was heading back to his route after going to the company's shop on Bank Street Road to repair a plow controller. Heading back, he turned the corner on Richmond and found a car stopped in the middle of the road.

The driver told him a woman had just been struck by a car.

He said he and the other man helped Demske into his plow truck and Enouen proceeded to call 9-1-1.

Asked if the car driver might have been the driver who struck Demske, he said he didn't know. 

"Other than he said, 'don't bother with the phone' and he didn't stick around, I don't know," Enouen said. He said the driver disappeared as soon as he heard sirens.

"I didn't see him leave," Enouen said. "I heard the sirens, looked around and he was gone."

Enouen said he didn't take a good look at the car.

"I didn't have any reason at the time to look deeper than helping that lady out," Enouen said.

A family member said Demske and her husband, John, are avid joggers. 

"They both are very generous with their time volunteering in the community," said her sister-in-law, Michele Bettendorf. "Rosemary is a special education aide in the Batavia School District. She also volunteers at the Genesee Animal Shelter and is involved in their Pet Therapy Program. She is an active member of Resurrection Parish serving as Eucharistic Minister/RCIA Instructor."

When Demske was struck she was thrown to the other side of the street, Bettendorf said.

She suffered a broken tibia, her entire left side was bruised and she has two black eyes, Bettendorf said.

"Rosemary is very thankful that he (Enouen) was there to help her," Bettendorf said.  

Anyone with information that may assist in the investigation is asked to call Batavia PD at (585) 345-6350 and ask to speak with a supervisor any time of day or night.

In a press release, police officials said, "As a reminder to residents please keep sidewalks shoveled for pedestrians. Pedestrians please use sidewalks and if you have to be on the roadway walk facing traffic with reflective outerwear."

A Subaru Outlander is reportedly in a pond off of Feeder Road, near Klossen Road, or perhaps Meadville Road, in the Tonawanda Wildlife Management Area.

The caller apparently reports being in the area of Meadville, but dispatchers say the phone signal is closer to Feeder Road and Klossen Road.

The callers say they are unable to exit the vehicle.

State Police, Alabama fire, Wolcottsville fire, Mercy EMS dispatched.

UPDATE 10:52 a.m.: There is water in the vehicle, but it is not sinking. There are two people in the vehicle. One is disabled.

UPDATE 11 a.m.: Alabama fire on location. One vehicle partially in the water, hanging over the bank.

UPDATE 11:02 a.m.: Confirmed, two people in the vehicle. No injuries. First responders stabilizing the vehicle until more help arrives.

Next month, District Attorney Lawrence Friedman will begin his six and final term as Genesee County's top criminal prosecutor.

Friedman announced his intention to step down after this term in a press release today about a swearing-in ceremony Thursday afternoon for himself and his staff.

At the ceremony, Melissa Cianfrini will be sworn in as first assistant district attorney. The position didn't exist for a couple of years before the County Legislature agreed to fund the position for 2018.

Besides Friedman and Cianfrini, also taking the oath will be assistants Robert Zickl, Kevin Finnell, and Shirley Gorman.

Friedman was reelected to his sixth four-year term in November.

Administering the oath will be County Clerk Michael Cianfrini, husband of Melissa Cianfrini.

The ceremony is at 1:30 p.m. in the County Courtroom.

Photo: File photo.

Bruce Doug Seelau, 69, of Genesee Street, Corfu, is charged with DWI, driving with a BAC of .08 or greater, leaving scene of property damage accident, moving from lane unsafely, and speed not reasonable and prudent. Deputy Ryan Young responded to a report of a single-vehicle accident at 2:34 a.m. Saturday on South Lake Road, Pembroke, and found a vehicle on its side. Seelau was identified as the driver. Neither Seelau nor a passenger were injured. 

Collin Ronald Wickings, 24, of Clinton Street Road, Bergen, is charged with violation of a court order. Wickings allegedly had a third party contact two people he was ordered not to contact by court order.

David Joseph Michael Welninski, 23, of Ballard Road, Fillmore, is charged with driving while ability impaired by drugs, criminal possession of a controlled substance, 7th, criminal possession of a hypodermic instrument, and failure to keep right. Welninski was charged following an investigation by Deputy Ryan DeLong into a single-vehicle accident reported at 9:23 p.m. July 15 on Lake Street Road, Le Roy.

Lee Carl Zimmerman, 47, of South Lake Avenue, Bergen, is charged with harassment, 2nd. Zimmerman is accused of shoving another person during an incident reported at 12:25 a.m. Friday at a location on Lake Avenue, Bergen.

While many Americans are worried about higher broadband costs or diminished service following the repeal by the FCC of "Net Neutrality" rules, customers of Empire Access can continue to count on unmetered, unthrottled, unlimited data, Bob VanDelinder, director of marketing for the company, told The Batavian today.

"The changes in net neutrality, we don't feel, will affect Empire Access because we still plan to keep the Internet open for our customers," VanDelinder said. "We will continue to offer unlimited data without content blocking, no throttling, and no paid prioritization. The customers on Empire Access should not see any changes."

Last week, the Federal Communications Commission overturned a 2014 rule known as Title II that prohibited Internet service providers from having tiered pricing plans, so-called "net neutrality."

The change has caused customers of Empire Access to call the company and express concern that their service will be changed and VanDelinder said they're all assured that there will be no changes. Soon the company will embark on a social media campaign to help spread that message. Customers will also receive an assurance of the company's commitment to unmetered service with the bills that will be mailed Jan. 1.

Proponents of net neutrality say the repeal of the law will mean restricted, or slower, bandwidth for customers or content providers who don't pony up extra cash.

Opponents of net neutrality say that Title II inhibits innovation and is holding back companies from making the investments necessary to provide faster broadband to more customers.

The idea of ISPs trying to squeeze more money from content providers is not without precedent. Prior to the 2014 rules, Comcast sought fees from Netflix and tacked on an extra charge for customers who streamed more Netflix shows and movies.

Empire Access doesn't know what its competitors might do following the rule change, VanDelinder said, but as far as Empire Access is concerned, nothing has changed.

"It's somewhat early yet to know what is going to take place with our competitors but as far as our stance on the ruling, it's our feeling that our customers come first," VanDelinder said. "We will continue to provide open access to our customers."

Over the past several years, Empire Access has been expanding throughout the Southern Tier and Western New York. It's an expansion plan that started before Title II was enacted, continued through the Title II era, and will continue going forward, VanDelinder said. Whether there is net neutrality or not, it doesn't slow down Empire Access's plan for expansion and innovation.

"We're a family-owned company," VanDelinder said. "We're a local company. What is best for the customer is really what we're striving to achieve to provide the best services."

Being a family-owned business has its advantages over larger competitors, such as Comcast, VanDelinder noted. 

While Comcast sought more money to stream Netflix, it wasn't taking the same approach with Hulu, which is owned in part by Comcast.

"Our business is providing Internet, phone, television, and security services," VanDelinder said. "We don't necessarily have these conflicts like some of our competitors do."

Since Empire Access came to Batavia and Le Roy, local customers are in a unique position of having options. Nearly 60 percent of households in America have only one company to call for broadband service.  

"One of the great things about operating in the towns, villages, and cities where we provide service is that we create competition," VanDelinder said. "Competition is good for the consumers."

     Louis Mercado     Richard Barber   Derrick Washington

Three Batavia residents were taken into custody in Wyoming County for allegedly selling drugs in Warsaw and Attica following an investigation Drug Task Force as part of "Operation Frosty."

Richard Barber, 47, of Garfield Avenue, Batavia, is charged with criminal sale of a controlled substance, 3rd, and criminal possession of a controlled substance, 3rd. He is accused of selling methamphetamine in August in the Town of Warsaw. He was jailed on $25,000 bail.

Derrick Washington, 45, of State Street, Batavia, is charged with two counts of criminal sale of a controlled substance, 3rd, and two counts of criminal possession of a controlled substance with the intent to sell. Washington is accused of selling crack cocaine on two occasions in the Village of Attica. He was jailed on $5,000 bail.

Louis Mercado, 29, of Dellinger Avenue, Batavia, is charged with two counts of criminal sale of a controlled substance, 3rd, and two counts of criminal possession of a controlled substance, 3rd. He is accused of selling crack cocaine on two occasions in the Village of Attica. Mercado was jailed on $10,000 bail.

Also arrested as part of "Operation Frosty" was Javier Alvarez, 38, of Hopkins Street, Mount Morris. He is charged with two counts of criminal sale of a controlled substance, 3rd, and two counts of criminal possession of a controlled substance, 3rd. He is accused of selling heroin and a heroin-fentanyl mix in the Village of Perry.

 Korin Leonard, 21, of Freedom Road, Freedom, is charged with criminal sale of a controlled substance, 3rd and 5th, and criminal possession of a controlled substance, 3rd and 5th. He is accused of selling methamphetamine and cocaine on two occasions in the Village of Arcade.

Ranen Houston, 24, of Lake Avenue, Rochester, is charged with 11 counts of perjury in the first degree for allegedly lying to the Wyoming County Grand Jury on a drug-related investigation in the Town of Warsaw. 

“These arrests were pursuant Wyoming County Court arrest warrants following Indictments and the involvement of District Attorney Donald O’Geen’s Office," said Wyoming County Sheriff Greg Rudolph.

"The Wyoming County Drug Task Force is committed to doing our part in the midst of this drug epidemic, which includes a strong stance on enforcement and honing our investigations on the dealers who gain off of others' addictions.

"The various locations of these crimes are indicative of the scope of the problem here in Wyoming County. The Wyoming County Drug Task Force is additionally wrapping up investigations on several other drug dealers and more arrests are expected in January."