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Law and Order: Otis Street resident charged after child bitten by dog

By Howard B. Owens

Tami L. Mileham, 40, of Otis Street, Batavia, is charged with a prohibited nuisance. Mileham's Rottweiler allegedly bit a 9-year-old child. The Rottweiler was seized and is currently being held at the Genesee County Animal Shelter.

Kathleen E. Gonzalez, 52, of West Main Street, Batavia, is charged with issuing a bad check. Gonzalez is accused of issuing a bad check March 11. She turned herself in on an arrest warrant and posted $500 bail.

Markeda D. Starks, 23, of Campbell Street, Rochester, is charged with harassment, 2nd. Starks was arrested on a warrant by State Police in Canandaigua stemming from an alleged incident at 9:05 p.m. June 16 in which Starks shoved another person during an argument. Starks was turned over to Batavia PD and arraigned on the charge and posted $300 bail.

Willie J. Miles Jr., 50, of Aberdeen Street, Rochester, was arrested for alleged failure to appear. Miles was jailed on $2,500 bail.

Jerica J. Barber, 39, of Mix Place, Batavia, is charged with criminal tampering, criminal mischief, resisting arrest and endangering the welfare of a child. Barber allegedly committed the crimes of criminal tampering and criminal mischief (no details given) at 4:37 p.m., June 14. Barber allegedly resisted arrest in the presence of a child under age 17.

Eric John Betz, 31, of Genesee Street, Alden, is charged with disorderly conduct/obscene language/noise. Betz allegedly screamed obscenities during a domestic dispute in a public place at 440 Ellicott St., Batavia, at 9:34 p.m. on June 17.

Cheryle Jones, 32, of Batavia, is charged with driving while ability impaired by drugs and consuming alcohol in a motor vehicle. Jones was also charged under Leandra's Law with aggravated DWI. Jones was stopped by Ontario County Sheriff's deputies on Route 5 in Canandaigua for an alleged traffic violation. (Source)

Nicholas R. Graves, 18, of 7317 Griswold Road, Bergen, is charged with endangering the welfare of a child. Graves is accused of having sexual contact with a child under age 17 in the Village of Le Roy. Graves was arraigned and ordered to stay away from the victim.

Benjamin P. Hilton, 25, of 25 Bacon St.. Apt. E, Le Roy, is charged with criminal mischief, 4th. Hilton is accused of intentionally breaking the window of a business on Mill Street on Saturday.

Heather Ann Johnson, 41, of Calla Way, Cheektowaga, is charged with DWI, driving with a BAC of .08 or higher, inadequate lights, driving left of pavement markings in no passing zone and refusal to take breath test. Johnson was stopped at 11:53 p.m. Tuesday on Genesee Street, Darien, by Deputy Jason Saile.

Joseph Jonathan Kuzma, 34, of Byron Holley Road, Byron, is charged with petit larceny. Kuzma is accused of stealing money from his employer in Bergen.

Daniel S. Curry, 36, of Webster, is charged with unlawful possession of marijuana and driving while using mobile phone. Curry was stopped at 11:40 p.m. June 16 by State Police on Route 77, Darien.

Craig Yunker appointed to GCEDC board of directors

By Howard B. Owens

Press release:

The Genesee County Legislature has appointed Craig Yunker to the Genesee County Economic Development Center Board of Directors. His term will begin Tuesday, July 1, 2014.

“Craig Yunker was selected to serve on the GCEDC board because of his extensive business and agriculture experience,” said Genesee County Legislative Chairman Ray Cianfrini. “He has lived and grown a successful business in Genesee County and will be a tremendous asset to the board."

Yunker is a managing partner of CY Farms headquartered in Elba, New York. CY Farms is one of the largest crop farms in Western New York, growing turf, corn, wheat, soybeans, alfalfa, onions and green peas. The farm encompasses more than 6,000 acres in Genesee County and has been in operation since 1963.

Yunker is also owner of Batavia Turf, a turf farming operation in Batavia, as well as CY Heifers, a 4,000-head replacement heifer business that raises calves for local dairy farms.

In addition to running CY Farms, Yunker is very active within the community. He is the past Genesee County Legislature chairman serving from 1984-1991, and former trustee of Genesee County Community College. Currently, he serves as director of Tompkins Financial Corporation/Bank of Castile and is a trustee of Cornell University.

Yunker holds a B.S. in applied economics and management from Cornell University and a M.S. in resource economics from the University of New Hampshire. He resides in Elba, with his wife, Kimberly, and is a proud father of three children and has three grandchildren.

“We are pleased with the County’s appointment of Craig to the EDC board and look forward with working with him to advance the mission and goals of the agency,” said Wolcott T. Hinchey, chairman of the GCEDC board.

Oakfield FD treasurer accused of stealing more than $6k from the department

By Howard B. Owens

Following a state audit, the treasurer of the Oakfield Fire Department was arrested today by State Police for allegedly misappropriating department funds.

Samantha Hilchey, 31, of Batavia, is charged with grand larceny, 3rd, a Class D felony.

Hilchey is accused of stealing more than $6,000 through unauthorized transactions, including paying her personal utility bills and making cash withdrawals.

"Instead of safeguarding department funds, this individual took advantage of her position to pay her personal bills and make unauthorized cash withdrawals," said State Comptroller Thomas P. DiNapoli. "I want to thank department officials for helping bring this situation to light and to the State Police for working closely with my staff as we continue our audit and investigation into the department's finances."

The department's audit isn't expected to be completed for another couple of months.

Canadian accused of putting fellow concertgoer in coma enters guilty plea just before trial

By Howard B. Owens
Craig Lawson

A Canadian resident who was arrested at Darien Lake nearly a year ago after hitting another patron of a Kid Rock concert entered a guilty plea today to assault in the second degree.

The plea agreement, which comes on the day jury selection was supposed to start in his trial, caps Craig Lawson's sentence at one year in the Genesee County Jail.

Lawson and Jason McNeil, a former WNY resident who lives in Tuscaloosa, Ala., got into some sort of argument and Lawson hit McNeil, causing him to fall and hit his head on the ground.

At a preliminary hearing, Deputy Lonnie Nati testified that Lawson said following the incident, "he never should have touched my wife."

McNeil was hospitalized and in a coma for weeks following the incident.

An online fundraiser set up by McNeil's family drew thousands of dollars in donations, including a donation from Kid Rock.

In January, a source in regular contact with the family described McNeil's injuries as "catastrophic" and said McNeil requires 24/7 care.

The 34-year-old Lawson will be formally sentenced in August.

Flash flood watch issued for this afternoon and evening

By Howard B. Owens

A flash flood watch has been issued for Genesee County through this evening.

During the afternoon, showers and thunderstorms will develop, according to the National Weather Service, in a warm and humid airmass. These storms will have the potential to produce torrential downpours, with rates of one to two inches per hour.

Minor injury accident reported on Clinton Street Road

By Howard B. Owens

A motor vehicle accident with three minor injuries is reported at 5038 Clinton Street Road near Stringham Drive, Batavia.

Town of Batavia fire and Mercy EMS dispatched.

Law enforcement is on location.

UPDATE 11:55 a.m.: A second ambulance is requested to the scene.

UPDATE 12:19 p.m.: At least one patient was transported to UMMC. Town of Batavia assignment is back in service.

Motorcyclist who struck deer still listed in critical condition at ECMC

By Howard B. Owens

The motorcycle driver who hit a deer on Pearl Street Road early Monday morning remains in critical condition at ECMC.

Brandon L. Scott, 23, of Darien, was westbound when a deer entered the roadway ahead of him and the front wheel of his bike struck the hindquarter of the deer.

Scott was ejected from the motorcycle and suffered serious injuries, according to a Sheriff's Office news release.

He was transported by Mercy Flight to ECMC. 

Scott was wearing a helmet at the time of the accident.

The investigation is being conducted by Deputy Andrew Hale, Deputy Frank Bordonaro and Sgt. Eric Seppala. Assisting at the scene were members of the East Pembroke Fire Department and the Town of Batavia Fire Department along with Mercy EMS.

Burglar breaks into downtown business, makes off with cash from register

By Howard B. Owens

A downtown business was burglarized overnight and the thief got away with an undisclosed amount of cash.

The break-in was discovered at 10 a.m. when the owner of the Enchanted Florist, 202 E. Main St., Batavia, arrived at work to open the shop for the day.

Det. Rich Schauf said it appears the burglar used a rock to smash a window pane in the back door and went straight for the cash register.

It doesn't appear at this time that anything else was taken.

Batavia's rich baseball history recalled in new book by Bill Dougherty

By Howard B. Owens

Spend a little time with Bill Dougherty, you're likely to hear a baseball story. He's full of them.

After years of telling friends these stories, one friend with a bit of experience in writing books suggested he collect his stories about Batavia baseball into a single soft cover collection.

"Bill Kauffman kept saying, 'you've got a book, oh this is a book'," Dougherty said. "He kept after me to put a book together. So I did."

This month, Dougherty's book, "A View from the Bleachers: Batavia Baseball," hit a few local store shelves.

Now that the book is out, Kauffman, an Elba resident and himself the author of 10 books and a screenplay, is eager to promote the new book. He sent over this endorsement:

Irish names festoon the history of baseball in Batavia: Dwyer, Callahan, Doody, Gerrety, Ryan. Add to that illustrious list Bill Dougherty, whose Batavia Baseball: A View from the Bleachers is a deeply researched, often surprising, and thoroughly entertaining account of baseball as it has been played, watched, and argued over in Genesee County from the 19th Century until today. Every baseball fan in the Mother of Counties should own a copy!

A worthy endorsement for a worthy book.

It's more than a collection of stories, or a mere recitation of baseball glories past in Batavia. It's also a history of Batavia and Genesee County as well as a personal remembrance of a man who made baseball his life's passion.

Dougherty spent countless hours going through historical archives, particularly the dusty, printed pages of 120-year-old editions of the Batavia Daily News.

He also draws on his own recollections from a his youngest days playing sandlot ball and in the park leagues of Batavia.

There was baseball in Batavia in the 19th Century, with a short-lived professional team setting up camp in town in 1897, but it would be in the following decade that the game began to flourish locally.

Every town had a team and rivalries were fierce, especially between Batavia and Le Roy. Dougherty covers some of the scraps between these teams.

In 1939, the Pennsylvania-Ontario-New York (PONY) League was founded in Batavia, with one of the original franchises set up in a new ballpark at MacArthur Park (the present site of Dwyer Stadium). 

Even with the arrival of a professional team affiliated with a major league club, and into the 1960s, semi-pro teams flourished throughout Genesee County.

Dougherty talks about more than just the teams and the games. He gets into the personalities and biographies of some the players who were from here or just passed through.

Among them, Joe Dailey, whom Dougherty admits becoming obsessed with.

"As you start picking out stuff, you can't wait to see where they lived, who they knew, where they died," Dougherty said, but Dailey was a particularly perplexing subject.

He died at age 37, and even though he came from a prominent local family, the Daily News gave his death notice a scant four lines. Dougherty had a heck of a time finding out more about him.

"It seemed like somebody was out there hiding everything," Dougherty said. "Then when I find something, I'm like, 'wow.' He led a short life, but it certainly was interesting."

Dailey was born in Batavia in 1876. He played on the 1897 professional team and when the team relocated mid-season to Geneva, he initially went with the team, but then didn't finish the season and returned home. He went to work in the family's furniture store and funeral parlor until his death from acute nephritis in 1914.

Dougherty covers quite a bit of the family's history, which is also a part of Batavia's history. An example of how this is more than a baseball book.

We also learn about Maud Nelson, who wasn't from Batavia, but played a bit of ball here. Billed as "champion lady pitcher of the world" at the turn of the century, Nelson barnstormed around the country, playing whatever semi-pro teams were up for the challenge.

In those early days, a bit of important baseball history had a Batavia angle. In 1912, after Ty Cobb was suspended for fighting with a fan, the rest of the Detroit team decided to go on strike.  Replacement players were brought in for one game. Among them was a kid from Batavia who played shortstop, Vincent Maney.

For decades, box scores credited Pat Meany as the shortstop that day, but Dougherty -- who is a member of the Society of American Baseball Research -- was able to gather enough convincing evidence that Maney is now correctly credited as the shortstop in that game.

A resident of Stafford, Dougherty made a career in heating and air conditioning (retiring in 2000), but he's made a lifetime of baseball. He's been secretary/director of the Genesee County Baseball Club (owners of the Muckdogs), is a member of the Rochester Baseball Historical Society and SABR.

Assisting in production of the book were Dougherty's son, Brian, (the publisher), his grandson Christopher (graphic design), Kathy Frank, typesetting, and Kauffman, editor.

The book also covers every big name baseball player who ever came through town, from Warran Spann, who pitched three times against Batavia when he was first starting his career, to Wade Boggs and Robin Young, who each played a few games at MacArthur Park.

In the book you can learn about Gene Baker (the first black manager with a major league-affiliated club) along with local sensations Walter Loos, Dick Kokos, Eddie Howard, Dick Raymond and Jackie Kelley.

In the late 1940s, when Dougherty was a teen, he became part of a serious sandlot ball team, the A.C. Shafters. The team played other sandlot clubs throughout the region and Dougherty devotes a chapter to the team.

There was a time locally when every park had a ball field and every field had a team and fields rarely were without a game.

Kibbe Park once had a ballpark with stands and dugouts. Today, there's just a softball field with a couple of benches. When Dougherty was out at the field Monday, mounds of dirt were piled on the infield. Dougherty just shook his head. "There was a time when that would never happen," he said. "There would be kids out here playing games all day."

Are there ever any games at Kibbe now?

Things started to change in the 1950s. The sandlot teams began to die off. The semi-pro teams started to disappear, too. From the early 1900s until the 1950s, nearly every city or village of any size in Western New York had a minor league baseball team, and as leagues folded, so did the teams.

Dougherty thinks kids today miss something with fewer teams around.

"I made lifelong friends from every step I played," Dougherty said. "Not every kid on every team. Not all nine or 12 or 15, but some guys I played with are still good friends."

The book is available in the front office of the Batavia Muckdogs, the Holland Land Office Museum and at Dougherty Heating on School Street, Batavia.

Nationwide auto auction chain to purchase 30 acres for new facility in Bergen

By Howard B. Owens

A company that specializes in auctioning off "total loss" vehicles is planning to move its Rochester location to Bergen.

The Genesee County Economic Development Center Board on Monday approved the sale of 30 acres in Appletree Acres Corporate Park to Insurance Auto Auctions, which has more than 160 locations nationwide.

IAA runs salvage auto auctions, selling cars that insurance companies have declared totaled, either because of accident, weather damage or theft. 

The company says on its Web site that more than 3.5 million vehicles in the U.S. are declared a total loss each year.

Some of the vehicles can be repaired and resold; others are good only for scap or parts.

By state law, only dealers can purchase cars that have been declared salvage.

The company will pay $600,000 for the property and plans to invest $3.5 million and $4 million on the new facility.

Between IAA and vendors, the location will employ 10 to 15 people.

Information on any tax abatements IAA may receive is not yet available.

Steve Tibble, IAA's director of real estate and development, said the company will next apply to the Town of Bergen for all the site and plan approvals.

"We plan on being open as fast as we can," Tibble said.

Schedule announced for Picnic in the Park

By Howard B. Owens

Press release:

The Genesee-Orleans Regional Arts Council (GO ART!) presents the 36th annual “Picnic in the Park” this Independence Day. The festivities run from noon until 5 p.m. on Friday, July 4th, in historic Centennial Park on Richmond Avenue in Batavia. As is tradition, this year’s “Picnic in the Park” is a free, family-friendly event that will once again include all-day live musical entertainment, an arts and crafts show, folk arts programs, food vendors, children’s activities, and much more!

Introduced just last year to great response, the event will be preceded by a “Kiddie Parade” kicking off the day. Harkening back to earlier times, families with children ages 12 and under are invited to bring their bikes, scooters or strollers to the northwest corner of Centennial Park – between the Main Stage and Richmond Avenue -- at 11 a.m. to decorate them for an old time “Kiddie Parade.” Decorations will be provided, and the parade will take place at 11:30 a.m. on Ellicott and Park avenues.

Live entertainment is presented on two separate stages, the Main Stage and “Stage 2,” which has traditionally featured performances that engage kids and families. MAIN STAGE entertainment commences at noon with the “Picnic” staple Batavia Concert Band playing its traditional mix of Sousa-style marches and Big Band numbers.

Founded in 1924, the Batavia Concert Band has brought musical pleasure to the region every year except during World War II. The Concert Band itself consists of 40 - 50 brass, woodwind and percussion players ranging from advanced high school musicians to 50-year veterans. Many have professional performance experience; the rest are advanced amateurs. All love to play. The Band's musical repertoire is wide-ranging in origin, style and period, and includes marches, Broadway show tunes, favorites from hit musicals and movies, pop, jazz and even rock numbers arranged for band. Join the Band for weekly concerts during the summer on Wednesday evenings in Centennial Park.

A wide variety of bands featuring local and traditional music will follow on the Main Stage throughout the rest of the afternoon:

1 p.m. -- Stephanie Pietrzak, “America’s Polka Sweetheart,” takes the stage with her “Honky Polka Band” to perform their lively Polish polka music. Having played for more than 45 years in the polka industry, the much-heralded Pietrzak was inducted into the International Polka Association Hall of Fame in 2010. She began her polka music career at age 7 on the accordion but soon switched to the Polish concertina, a larger, square-shaped type of accordion with a distinctive sound, loved by Polka musicians. For more than 25 years she performed as a duo with her mother, Wanda, and the two were dubbed “America’s Polka Sweethearts.” They toured extensively across the United States and Canada and performed on numerous radio and television broadcasts, and with other well-known Polka musicians such as The Versatones, Marion Lush and Li’l Wally. Sietrzak continues to perform with her own band and has recorded several albums, including her own compositions. She developed her own radio show celebrating the music she loves at Polkasonline.com and continues to win awards for her work as a concertina player, vocalist and songwriter.

2:30 p.m. – “Trilogy” is a four piece classic rock and roll band that has been playing family-oriented music in the Western New York area for the past 26 years. The band features Dana Hurlburt on lead guitar and vocals; Guy Macaluso on bass, guitar, keyboards and vocals; Eric Kelly on guitar, keyboards and vocals; and Tom Kwiecien on drums. Be prepared to sing along and have fun!

4 p.m. -- Gan Ainm (pron.: gahn ahn'-um) performs Irish and Irish American traditional music, led by John Ryan. Meaning “without a name,” Gan Ainm recognizes the innumerable tunes that are passed on from one musician to the next, known as a "reel," "jig," "polka," or "hornpipe" that may be nameless, or ascribed to a person or event that fits the moment. The group includes players who have grown up in the active Irish music and dance community of the Rochester area, performing on button accordion, concertina, fiddle, guitar, tin whistle, bodhran, as well as vocals. They will invite you into the high energy dance tunes, soulful ballads, and easy camaraderie of an Irish session.

THROUGHOUT THE DAY in Centennial Park, other activities include horse-drawn wagon rides by Hartland Carriages, pony rides and petting zoo by North Forty Pony Express and the Wildlife Educators Coalition returning with its wide assortment of animals. Geoffrey Clough offers his popular interactive program of children’s songs called “Cookie Songwriting,” and of course juggling and other roving entertainment in the park. The GLOW Area YMCA will have its bounce house and inflatable obstacle course on site, and the Explore Art! Tent invites kids and families to do their own hands-on art activity, all materials provided, and free face painting will be available at the tent. Also, Stage II, the “family stage,” features interactive programs for kids and families, including family entertainer Janice Spagnola’s “The Extra Fun Balloon Show,” magic and puppet entertainment with a twist…a balloon twist that is! Balloon puppets will come to life along with amazing balloon magic. And finally, a surprise performance written and performed by the audience itself in a classic “choose your own adventure” style finale.

Along the Richmond Avenue side of Centennial Park, artists and crafters representing an amazing diversity of arts and crafts are featured in an ARTS AND CRAFTS SHOW AND SALE. An amazing variety of arts and crafts are represented, such as gemstone jewelry, photography, seasonal indoor/outdoor woodcrafts, puppets, hand-woven textiles, glass jewelry, clay creations, nautically inspired furniture, and much more. Additional attractions consist of booths by community nonprofit organizations, including Genesee County ARC information & recycling education, Genesee County Historians Association, Batavia Assembly of God dunk tank and sand art, Batavia Players pizza & show info, ACORNS Genesee County Park info, GO ART!’s Picnic in the Park prize giveaway and many others. “Picnic” always offers up tantalizing food by a variety of vendors, such as Abbott’s cones, sundaes, milkshakes and root beer floats, Lonsberry fresh-squeezed lemonade and soft pretzels, Kernel Cravin’ Kettle Corn, and, of course, the Batavia Jaycees famous "dog and burger stand" in its traditional location.

The event is funded, in part, by the New York State Council on the Arts Folk Arts Program with the support of Governor Andrew Cuomo and the New York State Legislature. Picnic sponsors include the County of Genesee, LocalEdge and Rotary Club of Batavia. Table sponsors: Batavia Area Jaycees, CY Farms/Batavia Turf, Roger & JoAnn Triftshauser, and Turnbull Heating & Air. Contributor: Freed Maxick CPAs, P.C. Flag Sponsors: Bouchard Financial Services, Bob and Linda Knipe, McGinnis Excavation & Plumbing, and Tonawanda Valley FCU. Friends include Max & Jane Mason and Paula R. Schumann. Additional support provided by City of Batavia DPW, Genesee County Chamber and the Porter Family.

Admission is free to the “Picnic in the Park.” Please call GO ART! at 585-343-9313, e-mail info@goart.org or visit www.goart.org for more information.

Law and Order: Duo accused of stealing nearly $3K in goods from Walmart

By Howard B. Owens

Brenden Robert Jones, 29, of Oakbrier Court, Penfield, is charged with grand larceny, 4th, and criminal possession of a controlled substance, 7th. Jones is accused of stealing more than $2,800 in merchandise from Walmart. Jones alleged had a crack pipe in his possession at the time of his arrest. The investigation is continuing and more charges are possible. Jones was released under supervision of Genesee Justice. Also arrested and charged with grand larceny was Matthew David Marvin, 26, of Old Country Lane, Fairport. Marvin was jailed on $5,000 bail.

Witness Smith, 45, of Laurel Drive, Attica, is charged with endangering the welfare of a child. Smith allegedly left a child who was under his supervision unattended in a motor vehicle at 12:22 p.m, June 16, on Jackson Street, Batavia.

Gordon M. Yohe, 71, of Swamp Road, Byron, is charged with felony DWI, consumption of alcohol in a motor vehicle and refusal to take breath test. Yohe was arrested following a report at 2:38 p.m., June 10, of a suspicious person at a business on East Main Street, Batavia. Yohe was jailed on $2,500 bail.

Tyler J. Aina, 22, of Waterport Carlton Road, Albion, was arrested on a warrant for alleged failure to appear. Aina posted bail and was released.

Jeremy J. Smith, 19, of Loyalist Avenue, Rochester, is charged with criminal contempt, 2nd. Smith allegedly violated an order of protection by contacting a family he was ordered not to contact. Smith was jailed on $500 bail.

Kewa R. Buckman, 43, of Otis Street, Rochester, was arrested on a warrant related to an alleged parking on city streets between 2 a.m. and 6 a.m. Buckman was being held in the Monroe County Jail on an unrelated traffic charges. He was transferred to Batavia PD custody, posted cash bail and was released.

Pauline J. Hensel, 61, of Lewiston Road, Batavia, was arrested on a bench warrant and jailed on $750 bail.

Robert Mitchell Andersen, 44, of Sand Hill Road, Caledonia, is charged with DWI, driving with a BAC of .08 or greater, suspended registration and driving without a license. Andersen was stopped at 5:06 p.m. Sunday on Lewiston Road, Batavia, by Sgt. Thomas Sanfratello.

Beniluis Ruiz, 38, of Ellicott Street Road, Pavilion, is charged with criminal sexual act, 3rd, endangering the welfare of a child and unlawful dealing with a child. Ruiz allegedly sexually assaulted a person under age 17. He also allegedly provided alcohol to people under age 21.

Scott Macumber Castle, 52, of Vallance Road Le Roy, is charged with trespass. Castle allegedly trespassed at Byron-Bergen Central School. Castle was allegedly advised previously by school officials to stay off school grounds.

Field fire reported behind mobile home park in Stafford

By Howard B. Owens

A field fire is reported at 5610 Route 5, behind the Golden Mobile Home Park, Stafford.

Stafford fire responding.

UPDATE 9:06 p.m.: A chief on scene reports a controlled burn. Engine 93 responding non-emergency.

Man who dragged deputy with car given seven years in prison

By Howard B. Owens
Scott Kopper

A Batavia resident who dragged a deputy with his car, putting the deputy's life in danger, will serve seven years in state prison, Judge Robert C. Noonan ruled this morning.

"It's never easy to impose a harsh sentence on somebody, but it is easier when I feel like I'm fulfilling my duty to separate somebody from society for as long as possible," Noonan said.

Scott Kopper, 37, entered a guilty plea May 22 to assault in the second degree. As a second felony offender, the maximum sentence that could be imposed was seven years.

Assistant District Attorney Robert Zickl said it was personally difficult to be the person handling the prosecution of Kopper because Zickl knew him years before he started getting into trouble.

He knew him, he said, as an EMT working the sidelines at youth football games.

"To be in this position today is difficult because I have to ask the court to impose the maximum sentence on Scott," Zickl said. "He is a threat to society and eventually he's going to seriously hurt or kill somebody."

Assistant Public Defender William Tedford asked Noonan to impose a four year sentence, giving Kopper the best opportunity to return to the life he once knew -- college educated, volunteer firefighter, EMT and hazmat trained, a family man.

That all fell apart, Tedford said, after Kopper's father died and Kopper started using drugs and developed mental health issues.

Zickl told Noonan that Kopper could have killed Deputy Brian Thompson on Jan. 7 when Thompson's arm became lodged in the window of Kopper's car as he tried to flee from Thompson, who was attempting to arrest him for a parole violation.  

It was the day after a blizzard and the roads were still icy. If not, Zickl said, Thompson certainly would have been killed in the incident.

"His tires were spinning as fast as they would go," Zickl said. "On a dry surface he would have been up to 70 or 80 mph immediately."

Tedford said evidence showed Kopper was over medicated that day and probably intended harm to himself, but not to Thompson.

"He has a great deal of remorse for what he did that day," Tedford said. "I have the utmost respect for Deputy Thompson. He has the utmost respect for Deputy Thompson. He's truly sorry. I submit to you that when my client is properly medicated, he has no propensity for violent behavior."

Noonan said the only way Kopper could get proper supervision and mental health treatment in today's society is in prison. There simply isn't the available resources to provide him with the kind of constant supervision he needs if he were at liberty.

Thompson also addressed the court, asking Kopper to turn to Jesus Christ for his salvation and telling Kopper that he forgave him even though he hadn't asked for his forgiveness.

Thompson quoted from the Book of Roman: "Bless those who persecute you; bless and do not curse; Rejoice with those who rejoice; mourn with those who mourn; Live in harmony with one another; ... Do not be overcome by evil, but overcome evil with good."

In conclusion, Thompson said, "Thank you for the opportunity to reflect on my life over this past six months."

Dressed in Genesee County Jail orange, Kopper turned his chair a bit toward the dias where Thompson stood and spoke and watched him throughout his statement.

After Tedford spoke, Kopper made a brief statement.

"I'd like to apologize for my actions that day, but more importantly, I want to apologize to Deputy Thompson," Kopper said. "I'm very sorry."

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