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Co-owner of Settler's, Billy Goats, dies at age 66

By Howard B. Owens

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Stylianos “Steve” Spryopoulos, co-owner of Settler's Restaurant, was found unresponsive on the floor of his neighboring business, Billy Goats, at 7 a.m. today and was later pronounced dead at the age of 66.

Spryopoulos and his wife, Rula, owned and operated Settler's with his son John. He opened Settler's in 1984 and expanded it to seat 150 people in 1995. He opened Billy Goats, a bar and grill, in late 2000.

The Settler's location was originally a Red Barn franchise, opening in 1966 and operated by Mike Bohn until he sold the location to Spryopoulos and a partner.

The restaurant was closed today. It will reopen at 5 a.m., Saturday.

Photo: File photo from Steve's 60th birthday party at Billy Goats.

Annual Youth Fishing Derby at Iroquois Wildlife Refuge is June 2, prizes and trophies to be given out

By Billie Owens

Press release:

Iroquois National Wildlife Refuge (NWR) is hosting the 27th annual Youth Fishing Derby on Saturday, June 2, from 9 to 11 a.m.

The derby is held during National Fishing and Boating Week at Ringneck Marsh on Iroquois NWR. Planned activities will begin at 8 a.m. and include a casting contest, migration maze game, and a fish dissection demonstration. Rods and reels will be available for children to borrow if needed.

The event is sponsored by the Friends of Iroquois National Wildlife Refuge Inc. who will be providing door prizes and trophies for the anglers with the three biggest fish in each age group (7 and under, 8-12, and 13-17).

Hopefully, the weather will cooperate, but no matter what Mother Nature delivers, it’s sure to be a fun fishy day! The fishing derby and all activities are free to the public.

Please contact Refuge staff at 948-5445, ext. 7037, or visit the website at here for further information.

Iroquois NWR is located midway between Buffalo and Rochester, NY, and is managed by the U.S. Fish & Wildlife Service. To get to Ringneck Marsh, take Highway 63 and turn east onto Oak Orchard Ridge Road. In less than 0.5 miles, you may park in the Ringneck Marsh Overlook Parking Lot.

Individuals with disabilities and any other person who may need special assistance to participate in this program should contact the Refuge at 948-5445 or at the Federal Relay No. 1-800-877-8339.

GCC is fine-tuning logistics for smooth 50th Commencement Ceremony on May 20

By Billie Owens

Press release:

Like a crescendo of a year-long concerto, Genesee Community College is fine-tuning all the logistics of its 50th Commencement Ceremony scheduled to begin at 1 p.m. on Sunday, May 20, in the new Richard C. Call Arena (RCCA), one of the last events of its multifaceted 50th Anniversary celebration.

More than 200 students are anticipated to walk across the stage after hearing Kristina M. Johnson, Ed.D., the new Chancellor of the State University of New York give the keynote address.

In addition to this being the College's 50th Commencement celebrated in a new facility, other unique aspects of this year's event are the 44 international students that will be graduating this year; 11 of those are from the island nation of Curacao.

GCC is also delighted that 10 students from area high schools will be completing their GCC degree requirements concurrently with their high school diplomas. These 10 graduates participated in the inaugural cohort of the College's STEM Program with the Accelerated College Enrollment (ACE) Office, which started back in 2012 when the students were in seventh grade.

Several other special opportunities are also going to be part of the event.

"Overall, this is a very exciting Commencement Ceremony for the College," GCC President James M. Sunser said. "So many wonderful opportunities are coming to fruition and all in the name and spirit of student success. This ceremony will be one to remember." 

The Commencement ceremony rehearsal will be held at 10 a.m. on Friday, May 18, in the RCCA to prepare soon-to-be graduates for the procession.

Prior to the rehearsal, representatives from Carlson's Studio will be set up in Room H103 of the Call Arena to take individual graduation photographs. Graduates should be in cap and gown, and have payment for their photo package.

Graduates are encouraged to contact Carlson's Studio in advance at (585) 786-2871 or via email at carlsons@rochester.rr.com to inquire about photo packages and pricing. Families can also pre-order flowers and gifts for their graduate through this website https://www.thecommencementgroup.com/Genesee/.

Each GCC graduate received five tickets for guests to attend the ceremony inside the RCCA Fieldhouse as part of their commencement package. There are no additional tickets available.

On Commencement Sunday, guests with tickets can enter the Fieldhouse starting at 12 p.m. for general admission seating. All guests, regardless of age, will require a ticket to enter the Fieldhouse.

Additional seating for guests without tickets is available on a first come, first served basis in the Stuart Steiner Theatre where the ceremony will be broadcast on the Theatre screen. The doors of the Theatre will also open at 12 p.m.

For distant family and friends scattered around the world and unable to enjoy the event in Batavia, the entire Commencement Ceremony will be live-streamed with easy access from GCC's website or at this Web address: https://www.genesee.edu/home/event-streaming/.

Accessible seating accommodations are available in both the RCCA Fieldhouse for ticketed guests and non-ticketed guests in the Stuart Steiner Theatre. For details, please contact GCC's Office of Student Activities (585) 343-0055, ext. 6261, or via email at sa@genesee.edu before Friday, May 18, to make arrangements.

GCC's Child Care Center will be open for all graduates and guests for children from 6 weeks to 5 years of age to allow family and friends to focus on the ceremony. However, guests wishing to bring children to the commencement are required to have a ticket for each child regardless of age.

To sign up for FREE child care services, please contact Student Activities or call (585) 343-0055, ext. 6261, before Friday, May 18. The Child Care Center will open at 12 p.m. on Commencement Day.

Man who allegedly tried to steal vacuum cleaner from Target now in custody

By Billie Owens

A white male wearing a blue sweatshirt and khaki shorts fled Target on foot on Veterans Memorial Drive after a larceny in progress was reported. He was said to be by the dumpster behind Five Guys burger shop.

Law enforcement responded and he's now in custody.

He allegedly left the store with a $400 vacuum cleaner but dropped it and ran.

Schedule change announced for Rotary Baseball Tournament

By Howard B. Owens

Press release:

The 20th Annual Batavia Rotary Club High School Tournament will take place tomorrow at Dwyer Stadium.

Due to the threat of rain, there has been a change in the schedule of games.

Attica will play Notre Dame in the first game at 1 p.m followed by Oakfield-Alabama vs. Batavia at 4 p.m. with the championship game scheduled to start at 7 p.m. There will be no consolation game.

Admission is $5 for an adult all-day pass and $2 for a student all-day pass. All proceeds from the tournament will help benefit Batavia Rotary Club charities.

Law and Order: Trio accused of drug possession following traffic stop

By Howard B. Owens

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

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

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Firefighter cancer bill passes in Senate

By Howard B. Owens

Press release:

Congressman Chris Collins (NY-27) announced that a bill he authored with Congressman Bill Pascrell (NJ-09), the Firefighter Cancer Registry Act, passed the United States Senate. This bill unanimously passed the House on Sept. 12, 2017 and now has unanimously passed the Senate with one amendment offered by Lamar Alexander (R-TN) on May 10.

A 2015 study by the National Institute for Occupational Safety and Health found that firefighters had a greater number of cancer diagnoses and related deaths than the general population.

This revealed an enormous gap in research, which led Collins and Pascrell to author the Firefighter Cancer Registry Act, which will require the Centers for Disease Control and Prevention to develop and maintain a registry to collect data regarding the incidence of cancer in firefighters.

“This is a huge win for firefighters across the United States, now that we are so close to getting this bill on President Trump’s desk,” Collins said. “When this bill becomes law, we will have a succinct and voluntary registry of cancer incidence in firefighters so we know what causes cancer in these individuals and how we can better prevent it.

"These brave men and women put their lives in danger to keep their communities and neighbors safe, and we have a commitment to do everything we can to keep them safe and healthy in return.”

“Passage of the Firefighter Cancer Registry Act in the Senate moves us one step closer to implementing this critical legislation," said Rep. Pascrell, co-chair of the House Fire Services Caucus. "Improving the well-being of firefighters who risk their lives every day to keep our communities safe is an important goal.

"Better understanding any connections between their work and an increased risk for cancer will help mitigate those risks to keep our firefighters healthy. I am hopeful that the House will act swiftly so that we can get a final bill to the White House as soon as possible and we can get the program started.”

When signed into law, the Firefighter Cancer Registry Act would authorize federal funding to gather data about potential risk factors in order to better improve equipment and procedures.

Participation in the registry would be completely voluntary and data collected would include status of the firefighter (volunteer, paid-on-call, or career), number of years on the job, the number of incidents attended, and the type of incidence.

The Firefighter Cancer Registry Act is expected to be passed in the House as amended in the coming weeks before heading to President Trump’s desk.

Bowling association to induct three into Hall of Fame on Saturday night

By Mike Pettinella

Dennis Englert of Nunda, Jan King of Dansville and Bill Draper of Livonia will be inducted into the Genesee Region USBC Hall of Fame at the local association's Awards Banquet on Saturday night (May 12) at Batavia Downs Gaming.

Englert was a longtime bowling manager at Letchworth Pines and an avid bowler, as was King, who has served as a league officer, association director and tournament manager for many years. Both will be enshrined in the Meritorious Service category.

Draper will go into the Hall in the Achievement Veteran category for his accomplishments in league and tournament competition as a member of the former Perry Bowling Association.

More than 100 people, including tournament champions and association average and series leaders, are expected to attend the dinner, which gets under way at 6:30 p.m.

An Army veteran, Englert began his career in bowling in the early 1990's at Letchworth Lanes (now Letchworth Pines) and learned as much about the bowling business as he could -- both in customer service and in lane/pinsetter maintenance. He later worked at Valley View Lanes in Warsaw and served as a bus driver for Keshequa Central School for 19 years.

While driving bus full time, Englert also went back to work at Letchworth Pines and, along with his wife, Eunice, became a fixture at the Portageville location, and facilitated improvements that increased league bowling and started the popular Glow Bowling at the Pines.

He bowled in several leagues at the Pines, posting a 300 game in October 2006 at the age of 64. He also served as a league secretary-treasurer, participated in numerous tournaments and served on the Genesee Region USBC board of directors.

On Jan. 15., 2015, after about 20 years at Letchworth Pines, he suffered a devastating brain injury when pushed to the floor by a much younger man, and since then has undergone two surgeries and is pretty-much confined to a wheelchair. He has been a resident of the Avon Nursing Home since June 2015, and has made great strides in speech therapy.

King, a bowler for 60 years, has been a tireless worker for the Genesee Valley Women's Bowling Association and the Genesee Region USBC. She has initiated and directed numerous tournaments, most notably the Gladys Ford Senior Women's Tournament for the past 10 years.

She has served as secretary for various leagues (formerly in Dansville and now at Mount Morris Lanes) and on numerous association committees. King has attended several New York State and national conventions, has bowled in local, state and national tournaments, and has been a member of the national and state 600 Clubs.

Currently, she is a Genesee Region USBC director, who coordinates the association's Memorial Service and chairs the policy and procedures committee. 

Draper found success for many years as a member of the Perry Bowling Association, primarily in five different leagues at Livingston Lanes in Geneseo and as a competitor in the association's Classic Travel League.

He had a high average of 216 in the 1990s and continued to average 200 or better for another 10 years.

He also has three 300 games (1999, 2004 and 2010), a 299 game, and an 811 series (2004), and is a Singles, Doubles and Team champion of the Perry Association Tournament.

Draper, at 67 years young, continues to bowl in the Wednesday Night JCI League at Livingston Lanes.

Young burglar sent to prison for 15 years

By Howard B. Owens
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    Davon S. St. John

Davon S. St. John, not yet even 20 years old, can expect to spend up to the next 15 years of his life in state prison for breaking into residences and stealing items in the City of Batavia.

St. John was sentenced this week on his burglary conviction.

His arrest was the result of an extensive investigation by Det. Thad Mart, Det. Matt Wojtaszczyk, Det. Eric Hill, Det. Rich Schauff, Det. Kevin Czora, Officer Jason Davis, Officer Kevin DeFelice, and Officer Mitchell Cowen.

The 19-year-old Oak Street resident broke into five homes on Ellicott Avenue, Montclair Avenue and Union Street, Batavia.

He entered a guilty plea to burglary April 4.

Over the course of his crime spree, he stole $180 in U.S. currency, an HP laptop, book bag, calculator, butcher knife, Samsung electronic tablet, 2004 Jeep, 40-inch Vizio television, MAC Book Air, Harman Kardon Wireless speakers, MAC Magic mouse, Apple Series 2 watch, Alexa Echo Show, $400 in U.S. currency, silver coins, Halloween candy, four gold chains, a gold dome ring and four blank (bank) checks. 

Once released from prison, St. John will serve five years probation.

Courts say girlfriend not liable for text messages leading up to 2016 accident in Stafford

By Howard B. Owens

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It is a driver's responsibility to operate his vehicle in a safe manner, an appeals court has ruled in rejecting a claim by a woman seriously injured in an accident Dec. 8, 2016, in the Town of Stafford that the girlfriend who was texting with the other driver should be held liable.

Carmen Vega, of Le Roy, who was injured in the accident sued the family of Collin Crane,17, the other driver, who died as a result of the crash, and his girlfriend, Taylor Cratsley.

Genesee County Supreme Court Judge Emilio Colaiacovo dismissed Vega's claim in April 2017. The Appellate Division of the Fourth Judicial Department upheld that ruling.

"The court properly concluded that defendant had no duty to refrain from sending text messages to decedent," the appeals court wrote in its ruling.

A State Police investigation found that there was no evidence Crane tried to take evasive action after his car crossed the center line on Route 33 in Stafford, "suggesting that he was likely distracted."

An investor reported, "The cellular phone activity may have been the source of the distraction."

Vega's attorneys argued that Cratsley knew or should have known that Crane was driving and therefore should not have been sending him text messages.

Cratsley told police and later stated in an affidavit, that she was unaware Crane was driving at the time of the accident.

"Mrs. Cratsley added that often -- when the decedent was returning from work -- a family member would pick him up and drive him home," according to a court document. "Cratsley testified at her deposition that she never expected nor asked the Decedent to send her text messages or read text messages while driving. None of the text messages produced contradict Mrs. Cratsley's testimony."

Citing previous case law, the court said, "A defendant generally has no duty to control the conduct of third persons so as to prevent them from harming others, even where as a practical matter defendant can exercise such control."

Such a person, the court said, has no direct knowledge of what the driver is doing and less ability to control the actions of the driver.

"The same driver has complete control over whether to allow the conduct of the remote sender to create a distraction," the court wrote.

The text sender's actions, the court said, are as "innocuous" as a billboard by the side of the road, a sign outside a church, or a lemonade stand, all of which are intended to grab a driver's attention. To rule the text sender could be held liable would mean those responsible for these other distractions could also be held liable.

"We conclude," the court wrote, "the defendant owed no duty to the plaintiff to refrain from the conduct alleged, and therefore that she cannot be held liable for such conduct."

Photo: File photo.

Family of heroes revive heart attack victim after accident in Pavilion

By Howard B. Owens

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

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

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

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

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

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

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

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

"He was unresponsive," Condidorio said.

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

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

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

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

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

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

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

(Initial Report)

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Le Roy Central School holds 'Mom Prom' at Mercy Grove

By James Burns

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Tonight at Mercy Grove the Le Roy Central School Senior Class hosted “Mom Prom.”

This is an annual event where graduating seniors bring their mom or special guest to show appreciation for their support and guidance while they were in school.

The three-hour soiree includes dinner and is full of surprise activities for attendees.

The highlight of the evening is a water-pong tournament. (Water pong is non-alcoholic version of beer pong.)

The winning graduate receives a $100 scholarship and their partner is crowned “Mom of the Prom.” 

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Serious injury accident reported on South Street Road, Pavilion

By Howard B. Owens

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

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

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

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

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

(Follow Up)

Man who spent most of the last 22 years avoiding court after arrest gets prison sentence reduced on appeal

By Howard B. Owens

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

The sentence was reduced to one year.

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

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

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

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

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

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

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

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

By Howard B. Owens

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      Deputy Ryan Young

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

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

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

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

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

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

Friedman said the Grand Jury ruled the shooting was justified.

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

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

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

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

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

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

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

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

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

He walked back outside.

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

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

No other deputies fired their weapons during the incident.

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

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

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

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

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

Friedman expressed confidence that the shooting was justified.

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

Previously:

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