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Man who allegedly tried to flee deputy arrested on multiple charges in Batavia

By Howard B. Owens
James Saddler

A man already in custody after allegedly trying to flee from a deputy following a traffic stop has been arrested on a trio of City Court warrants containing more than a dozen criminal charges.

On the first warrant, James T. Saddler III, is charged with unlawful imprisonment, 1st, endangering the welfare of a child, assault, 3rd, menacing, 3rd, and menacing, 2nd. The charges stem from an alleged incident reported at 4 p.m. Nov. 21 on State St., Batavia. He is also charged with two counts of aggravated family offense.

Related to an alleged incident reported at 8:15 p.m. April 1 on Olyn Avenue, Batavia, Saddler is charged with endangering the welfare of a child, unlawful imprisonment, 2nd, and harassment, 2nd. 

The third warrant covers endangering the welfare of a child and two counts of harassment second. The alleged incident was reported at 2:50 p.m. April 12 at a location on Olyn Avenue, Batavia.

Saddler was picked up just after midnight Wednesday following an attempted traffic stop by Deputy Joseph Corona on Park Road. Saddler allegedly tried to flee from Corona on foot. He is charged with criminal impersonation, 2nd, obstruction of governmental administration, 2nd, aggravated unlicensed operation, 3rd, and driving with a suspended registration.

The Sheriff's Office listed Saddler's residence in Rochester. Batavia PD lists Saddler as "no permanent address" in Batavia.

The defendant is being held in Genesee County Jail without bail.

Photos: Batavia Concert Band opens 2014 season in Centennial Park

By Howard B. Owens

The Batavia Concert Band kicked off its 2014 summer season at Centennial Park this evening. 

The season has been dedicated to the late Wayne A. Burilson, conductor, who died March 26 at age 37.

The guest conductor tonight was John Kresse.

Shows this year are scheduled for 7 p.m. in the park on July 9, July 16, July 23 and July 30 (all Wednesdays).

The band will also play Friday, July 4, at GO ART!'s Picnic in the Park, which runs from noon to 5 p.m.

Speaking of Picnic in the Park and music, also performing are Stephanie Pietrzak, “America’s Polka Sweetheart,” at 1 p.m., and at 2:30 p.m. is “Trilogy,” a four-piece classic rock and roll band, followed at 4 p.m. by Gan Ainm, playing Irish and Irish American traditional music, led by John Ryan.

And speaking of live music in Batavia, the Ramble Music at Arts Festival is this Saturday in Jackson Square. The opening ceremony is at 11:15 a.m.

Photos: Conversion of old Carr's Warehouse displayed during open house

By Howard B. Owens

There was an open house this afternoon for the new mixed-use complex in Jackson Square.  

The former Carr's Department Store Warehouse is now four apartments and a downstairs office space.

One of the apartments is already rented. Thermory, a company that installs thermo-treated wood decks, has moved into the office space.

The building was purchased by developer Paul Thompson and partners, who invested more than $500,000 of their own money as well as leveraged $115,000 in state grants to complete the conversion project.

Features of the building include exposed original beams, industrial-grade wood floors and brick walls.

Volunteers concerned about dog confined to shelter while owner's legal case drags on

By Howard B. Owens

Some of the shelter volunteers call him "Boyfriend," which tells you something about how "Foxer" has won the hearts of the people who care for him every day.

The white and brown pit bull is sweet, kind and gentle and gets along well with the other dogs and people he meets.

The only serious issue for Foxer these days seems to be a question of how much longer he's going to be confined at the Genesee County Animal Shelter.

Officially, he's "evidence." 

Foxer, also known around the shelter as "Skully," is caught in a legal battle between his owner, Nina Kelso, and the government that is prosecuting her for allegedly mistreating him.

Kelso's case has been pending in Batavia City Court since Feb. 4 when she was charged with torturing or injuring an animal; failure to provide sustenance; and owning/harboring an unlicensed dog. 

The 29-year-old Batavia resident had another court appearance scheduled last week, but as with her previous court appearances, her case was continued, so Foxer's fate remains unresolved.

According to Batavia's Animal Control Officer James Sheflin, Kelso won't sign Foxer over to the shelter so he can be adopted, and since Kelso's case is still pending, the shelter has no choice but to keep him confined.

He can't even go to a foster home because he's considered evidence. Until his status changes he has to remain in the supervision and custody of the shelter.

And he's getting a little stir crazy.

During those hours he's confined to his cage, Foxer doesn't do much other than spin in circles. 

"In the kennel I think he gets a little bit of anxiety, but as you can see, as soon as he gets around humans he's happy and ready to go," Sheflin said. "I can't speak to how he was before we got him, whether he had a lot of human contact before, so I don't know if it's a separation-anxiety type thing."

Volunteer Brenda Cromwell said Foxer is walked daily and even gets a car ride from time to time, but still he spends about 23 hours a day in his cage.

Healthwise, he's doing much better. When he first came into the shelter (see picture below), he weighed 49 pounds. Today, he weighs 75 pounds.

He was treated by a vet for gastroenteritis. 

"He is food-obsessed and looks forward, anxiously, to his next meal," Cromwell said.

Another dog brought to the shelter a couple of weeks before Foxer was Nessa, owned by Lauren K. Pellegrino. Pellegrino's case, like Kelso's, is still pending, so Nessa remains confined to the shelter, but has adjusted to shelter life better than Foxer. Nessa displays no anxiety issues, but is as comfortable and happy around people as Foxer.

Photo of Foxer taken Feb. 4.

Nessa, above, today, and below, when she was first brought to the shelter.

Driver involved in Oakfield accident accused of driving under the influence

By Howard B. Owens

A driver involved in an accident yesterday that sent one person to the hospital has been charged with driving under the influence of a drug.

Keith Allen Hackett, 48, of South Pearl Street, Oakfield, was also cited for alleged failure to yield right of way.

Hackett was reportedly parked at 80 South Pearl St. in the greenway at 1:30 p.m. when he pulled left into traffic to initiate a U-turn.

His 2003 Ford sedan was struck by a car driven by Shelly G. Bucci, 53, of Knowsville Road, Oakfield.

Bucci was transported to UMMC with minor injuries.

Her passenger, 84-year-old Lorraine E. Balduf, was uninjured.

The accident was investigated by Deputy Chris Parker.

(Initial Report)

Law and Order: Rochester man accused of fleeing from deputy during traffic stop

By Howard B. Owens

James T. Saddler III, 32, of Jerold Street, Rochester, is charged with criminal impersonation, 2nd, obstruction of governmental administration, 2nd, aggravated unlicensed operation, 3rd, and driving with a suspended registration. Deputy Joseph Corona attempted a traffic stop on a vehicle at 12:03 a.m. on Park Road for alleged traffic violations. Saddler was allegedly observed fleeing from the vehicle after it stopped in an attempt to escape apprehension. Once apprehended, Saddler allegedly provided false information about his identity. Saddler was jailed on $2,500 cash bail. Saddler is also wanted on unrelated warrants out of City of Batavia Court.

John Albert Snook, 26, of Gillette Road, Albion, is charged with harassment, 2nd, and criminal contempt, 1st. Snook is accused of violating an order of protection which prohibited any contact with the protected party. Snook allegedly slapped or punched the protected person. Snook was jailed without bail.

Melissa G. Betances, 33, of Ellicott Street, Batavia, was arrested on a bench warrant. Betances is accused of a violation of probation. She was jailed on $25,000 bail.

Photos: Horses and a fallen barn

By Howard B. Owens

It's been a while since I went on an early morning drive around Genesee County looking for photos to make, so I got up this morning at the crack of dawn and went for a drive. There was a lot more cloud cover most of the morning than I would like, but I did come back with these two pictures. Above, three horses at Baskin Livestock on Creek Road, and below, a fallen barn on Silver Road.

Cargill workers do volunteer clean up on ARC buses

By Howard B. Owens

Press release:

On June 25th,  Cargill observed their annual Green Day by sending 19 of the local employees to volunteer at the Genesee ARC Transportation Department.  The volunteers washed 18 buses and vans inside and out that are used by the Transportation Department in transporting children and adults with disabilities.  The community enrichment activity was part of the company’s Green Day event that is celebrated across Cargill’s 46 plants throughout the United States.

In a statement from Plant Manager, Joe Washburn, Cargill Animal Nutrition observes Green Day annually as an opportunity to celebrate their success of the past year, and to reflect on the ideals within the Green Book, a handbook held by all employees that lists the ideals by which Cargill will operate its business, and goals that are set out for all employees.  One of these goals is Community Enrichment. According to Washburn, “Everyone improves the communities in which they live and work for a better tomorrow.”  Cargill’s 46 Animal Nutrition Plants throughout the US are working to donate time to their local communities not just on Green Day, but throughout the year.  On a national level 1500 Cargill employees logged nearly 1400 hours of volunteer service. The company has donated $337,000 in community funds and $10,00 locally.

Cargill’s Batavia plant is located on Wortendyke Road.

YWCA reminds residents that domestic violence can have serious consequences

By Howard B. Owens

Press release:

YWCA of Genesee County extends its heartfelt sympathy to the family and friends of Nicole Sheehan, a 29-year-old Batavia native who died from an apparent domestic violence shooting a week ago in Lancaster.

This tragic incident is another painful reminder that domestic violence is about so much more than arguments and debates; it can have grave consequences, Executive Director Jeanne Walton said.

As a gentle reminder that YWCA is here to help with Domestic Violence Crisis & Prevention Services, the agency will be lighting its walkway this week at 301 North St. as a visual display that there is hope, Walton said. Victims can always confidentially call YWCA for guidance, help and referrals to appropriate avenues that will take them out of a potentially harmful situation and into safety.

"We ask that people join us in spirit as we light up our walkway in Nicole's memory," Walton said. "And to please help -- through your increased awareness -- those others who may be struggling with a domestic violence situation. We offer advocacy, safe housing and, perhaps most importantly, a 24-hour hotline so that everyone has opportunity to reach out for help when needed."

Domestic Violence Crisis & Prevention Services Director Cindy Earl said there is usually a Domestic Violence Services office in each county. If you're unsure about where to turn for help or guidance, call the hotline at (585) 343-7513.

"Everybody's mission is to find a safe location for a potential victim if they think the person's abuser is going to do something harmful," Earl said. "We take them very seriously and will do everything we can to put them in a safe location."

Sometimes abuse is not evident to friends, family and coworkers, she said. If you even suspect that something like that is going on in someone's life, reach out for help. And if you are in a relationship that makes you feel threatened in any way, make the call. It's free and confidential.

Clarification on the Craig Lawson, Jason McNeil case

By Howard B. Owens

The family of Jason McNeil, the former WNY resident seriously injured after being struck by Craig Lawson at a Kid Rock concert a year ago, has asked we clarify some prior reporting on the case.

At a pre-trial hearing in January Deputy Lonnie Nati testified that immediately after the incident, Lawson made statements indicating that he and McNeil had been involved in a confrontation and that Lawson said, "he never should have touched my wife."

Not expecting a plea deal, we were not at Lawson's court appearance last week where Lawson entered a guilty plea to second-degree assault in exchange for a maximum one-year jail term. We reported the mere fact of the plea based on information provided by the D.A.'s office. At the hearing, Lawson made a statement we were not informed of until this morning.

Lawson said:

I've had the opportunity with my lawyers to again review the evidence the people will present against me at trial. I admit the individual I struck was not the person I encountered earlier while leaving the concert.

Lawson made no other statements concerning the events of July 5, 2013. He will be sentenced Aug. 18.

UPDATED: Two men from Genesee County reported killed in Thruway crash in Henrietta

By Howard B. Owens

Two men from Genesee County are dead following a horrific multi-vehicle accident on the Thruway in Henrietta yesterday afternoon.

Trooper Jason Jones, PIO for Troop T, confirmed the two victims were from Genesee County, but said the State Police are not releasing the names pending notification of family members.

One victim was from Batavia, the other from Darien.

The accident was reported at 4:30 p.m. near Exit 46. Six vehicles were involved.

UPDATE July 1 (information from State Police press release): Killed in the accident were Michael F. Pehrson, 51, of Batavia, and Christopher M. Rheinheimer, 25, of Darien. They were pronounced dead at the scene after their pickup truck was struck head on by a commercial vehicle hauling a construction dumpster. That vehicle was traveling eastbound when it left its lane, crossed the center median, and traveled into westbound traffic, according to officials' preliminary investigation. State Troopers, Fire, EMS, and Thruway Authority personnel immediately responded to the scene. The operator of the commercial vehicle, Roger L. Labar, 51, of Prattsburgh, was transported to Strong Memorial Hosptial with non-life-threatening injuries. Seconds after the first collision, a westbound tractor-trailer hauling produce struck the damaged guide rail from the first collision, which punctured its fuel tank causing it to become fully engulfed in flames. The operator of the tractor-trailer, a 49-year-old man from Scarborough, Ontario, Canada, quickly exited the vehicle and was uninjured. A fourth vehicle traveling behind the tractor-trailer struck debris in the road causing it to spin and be struck head on by a fifth vehicle. The operator of the fourth vehicle, a 70-year-old man from Canandaigua, was transported to Strong Memorial Hospital with non-life-threatening injuries. The driver of the fifth vehicle was uninjured. A sixth vehicle traveling westbound on I-90 struck debris causing damage to the vehicle only, no other injuries were reported. State Police Bureau of Criminal Investigation and Collision Reconstruction Units responded to the scene and are handling the investigation. The New York State Department of Environmental Conservation and New York State Department of Agriculture & Markets also responded to the scene to assist with the fuel fire and perishable cargo of the tractor-trailer. At this time, no charges have been filed against the commercial vehicle driver, and the investigation remains ongoing. All westbound traffic was diverted off the Thruway at Exit 45 (Victor) for the duration of the investigation at the scene.

Photos submitted by Mark Hough.

Law and Order: Motorcyclist accused of fleeing deputy, driving 120 mph

By Howard B. Owens

Chad Graham Desmit, 20, of Gillette Road, Albion, is charged with unlawful fleeing a police in a motor vehicle, 3rd, reckless driving, speeding (120 in 55 mph), failure to stop at stop sign and unsafe turn. Desmit allegedly failed to stop for an alleged traffic violation and instead fled from police. Deputy Joseph Corona attempted to stop Desmit at 9:24 p.m. Monday on Lockport Road, Oakfield. Desmit was allegedly pursued through the towns of Oakfield, Elba and Byron and into Orleans County, where he eventually stopped. Desmit was jailed on $10,000 cash bail or $20,000 bond.

Richard Gerald Harfford Jr., 36, of Central Avenue, Batavia, was arrested on a bench warrant related to an unlawful possession of marijuana charge. Harfford was located by Batavia PD during an unrelated investigation and turned over to the Sheriff's Office. He was jailed on $340 bail.

Lance M. Mercado Sr., 24, of Holland Avenue, Batavia, is charged with disorderly conduct. Mercado allegedly tried to fight another person while in the presence of a police officer.

Loma J. Burshtynsky, 55, of Otis Street, Batavia, is charged with felony DWI and felony driving with a BAC of .08 or greater. Burshtynsky was arrested following a complaint at 7:33 p.m. Sunday of a driver entering Wendy's and becoming belligerent. Burshtynsky was jailed without bail.

A 17-year-old resident of Haven Lane, Batavia, is charged with forcible touching. The youth is accused of forcibly touching the intimate parts of another person.

Photos: A big cloud and some deer off Bank Street Road

By Howard B. Owens

From Downtown Batavia this evening, I spotted this towering cloud to the north, so I decided to drive out toward East Saile Drive to get a better look at it. On the way back down Bank Street Road, there were three deer reasonably near the road (they're often in that farmfield, but usually too far away for any lens I own), so I managed to get a couple of shots.

City fire hires experienced firefighter from Lockport

By Howard B. Owens

An experienced firefighter joined the City Fire Department today. Zach Gowanloch spent two-and-half years with Lockport before falling victim to a budget ax. Recently married and a new father, Gowanloch is also EMT trained.

"I came down, met with the chief, liked what I saw, was very impressed, met with a couple of the guys," Gowanloch said when asked about why he applied for the job. "It just seemed like a nice place to work."

Gowanloch and his wife are looking for a new home in Batavia.

Kids seek cool of Spray Park on day of first heat advisory of the summer

By Howard B. Owens

Kasandra Sturgeon plays with her sister Hannah at the Spray Park in Austin Park today. It was Hannah's first trip there.

Dozens of kids were out this afternoon on what may be the hottest day of the year so far. The National Weather Service has issued a heat advisory, warning of an increased possibility of heat-related illness on a day with temperatures into the 90s and high humidity.

Stay cool and stay hydrated.

Collins hails Hobby Lobby ruling

By Howard B. Owens

Press release:

Congressman Chris Collins (NY-27) today released the following statement on the Supreme Court’s decision in Burwell v. Hobby Lobby Stores, Inc. (formerly Sebelius v. Hobby Lobby Stores, Inc.).

“The Supreme Court’s ruling today is a victory for our First Amendment rights and the free exercise of religious beliefs,” Congressman Collins said. “Obamacare’s contraceptive mandate is an intrusion on the religious freedoms of private employers, and was decided to be what many of us expected: unconstitutional. The Burwell v. Hobby Lobby Stores, Inc., case is another example of this Administration’s hubris and extreme overreach into every corner of our lives.”

Law and Order: Canadian accused of causing a ruckus at Darien Lake hotel

By Howard B. Owens

Ronald Aaron Arrindell, 29, of Austen Court, Ashawa, Ontario, Canada, is charged with obstructing governmental administration, 2nd, and disorderly conduct. Arrindell is accused of causing a disturbance at the Darien Lake Hotel and Resort. He allegedly refused to comply with being arrested and physically removed from the vehicle he was in. Arrindell was jailed on $1,000 bail.

Alexander Colon-Colon, 20, of Swan Street, Batavia, is charged with unlawful possession of marijuana, aggravated unlicensed operation, 3rd, no/insufficient tail lamp and failure to dim headlights. Colon-Colon was stopped at 2:47 a.m. Thursday on East Main Street, Batavia, by Deputy Joseph Corona.

Joshua M. Laureano, 23, of Lackawanna, is charged with criminal possession of a controlled substance, 5th, unlawful possession of marijuana and speeding. Laureano was stopped at 2:25 p.m. Saturday by State Police in the Town of Alabama. No further details released.

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