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Thursday, June 19, 2014 at 3:26 pm

Gillam-Grant Community Center is having a birthday bash -- 1970s style

post by Billie Owens in bergen, events

The Gillam-Grant Community Center is having a '70s-style birthday bash starting at 7 p.m. on Thursday, June 26. All are welcome! Get down and boogie at the center, located at 6966 W. Bergen Road, Bergen.

Event Date and Time

June 26, 2014 - 7:00pm - 9:00pm
Thursday, June 19, 2014 at 11:17 am

Attorney for John Robinson asks for dismissal of charge 'in the interest of justice'

post by Howard B. Owens in bergen, crime

The attorney for John Robinson, the Bergen man arrested 15 months after he allegedly pointed a shotgun out a window at another person, has asked Justice Donald Kunego, Town of Bergen Court, to dismiss the case "in the interest of justice."

The motion, part of several otherwise standard defense motions filed yesterday by attorney Kevin DeCarolis, addresses all seven statutory points Kunego must consider before rendering a decision.

Assistant District Attorney Kevin Finnell filed an answering affidavit, but interestingly, did not use any sort of pointed or strong language opposing the dismissal motion.

In court yesterday, DeCarolis characterized Finnell's response as favorable to his client.

"There isn't a lot there that cuts against my client and his rights in the motion," DeCarolis told Kunego. "A lot of what he raises parrots my motion, quite frankly."

Finnell hardly disagreed, stating, "I laid out the facts as I believe them to be, but I don't know what way that cuts, but certainly it is what it is."

The facts Finnell and DeCarolis seem to agree on is that Brookport resident Michael Crooks went to Robinson's house under the belief that Robinson and Mrs. Crooks had some sort of relationship that Michael Crooks found objectionable.

Crooks banged on Robinson's front door, threatened him and called him a coward for not coming out. In the process, perhaps while trying to gain entry to the house, Crooks damaged the front door.

When he couldn't get Robinson to open the door, Crooks went to the side of the house and looked in a window. At that point, he found Robinson pointing a shotgun at him.

Crooks immediately fled the residence.

On that date, Jan. 13, 2013, Crooks never filed a complaint or even contacted law enforcement. In fact, according to DeCarolis, Crooks actively tried to evade State Police during their investigation.

Crooks was later arrested and charged with criminal mischief, 4th. A charge later dismissed on the condition Crooks not be re-arrested.

Trooper Eric Daigler, who handled the investigation, consulted with other members of his department and the District Attorney's Office on whether to charge Robinson along with Crooks, and concluded that Robinson should not be arrested.

Crooks lobbied the State Police to arrest Robinson in November 2013. When that didn't work, he contacted the Sheriff's Office, which had no prior involvement with the case, in March 2014.

Robinson was arrested by a deputy in April and charged with menacing in the second degree.

"Significantly, the New York State Police, to this day, believe that Mr. Robinson should not have been charged and are not supportive of his prosecution," DeCarolis wrote in his motion.

Finnell wrote in his motion that for basic facts -- the facts contained in the DA's own files -- he agrees. He does not agree with statements by DeCarolis that go to the state of mind or thoughts of Robinson or other parties involved.

These would include the assertion by DeCarolis that Mrs. Crooks often initiated the contact with Robinson and was a "willing participant in their communication."

DeCarolis also stated that "Due to Mr. Crook's relentless and persistent actions, aggressive demeanor and verbal threats, Mr. Robinson felt threatened in his own home."

Finnell said that Robinson's actions rose to the level of probable cause for his arrest.

In addressing one of the points Kunego is asked to consider in the motion for dismissal, Finnell wrote, "The events that led to the conflict are somewhat unique and are not likely to be repeated by this defendant. The typical societal justifications for punishment, rehabilitation, retribution and deterrence are perhaps less applicable to this fact pattern. However, the defendant here might have employed other, less inherently dangerous methods in his claimed defense of his person and property, which methods would not subject him to the possibility of criminal prosecution."

One of the key factors Kunego must consider is whether dismissal would cause the public to loose confidence in the justice system.

DeCarolis argued that public sentiment is clearly behind Robinson already, citing comments left on news media accounts of Robinson's arrest (The Batavian has provided nearly exclusive coverage of Robinson's arrest).

"People expect to be able to protect their 'castle' from attack," DeCarolis wrote. "Mr. Robinson's castle was under attack by Mr. Crooks and public opinion in form of comments on the reporting of this story in the news are overwhelmingly supportive of Mr. Robinson and his actions to thwart an uninvited and threatening presence on his property."

Finnell used an analogy of about speeding tickets in his answer and concluded, "The decision of whether or not to charge in the above scenario (or dismiss in the interests of justice in this case) requires the decision maker (the court) to look beyond what is literal and do what is right. The public's confidence in the criminal justice system will be bolstered with the just decision here, no matter what that decision ultimately is."

If the case isn't dismissed, it will likely go to trial, at which point, DeCarolis is likely to raise the defense -- also a part of his dismissal motion -- that state law allows a person to defend his person and property.

"... a person may be legally justified in his actions when he acts not only to protect himself but also to prevent a criminal trespass or even prevent damage to premises," DeCarolis wrote. "In these instances the law allows for a person to go so far as to use physical force in order to defend against these various threats."

Wednesday, June 18, 2014 at 10:11 pm

Photos: A tractor and a barn on Townline Road, Bergen

post by Howard B. Owens in BARNS, bergen

On the drive back from Bergen this afternoon, I stopped for a couple of pictures on Townline Road.

Tuesday, June 17, 2014 at 8:32 pm

Storm-related calls for this evening

post by Howard B. Owens in bergen, weather

A tree and wires are down at 5968 W. Sweden Road, Bergen. The roadway is blocked. Bergen fire dispatched.

A tree and wires are down at 45 Church St., Elba. Elba fire dispatched.

UPDATE 8:35 p.m.: A utility pole has snapped and power lines are down in the area of 6112 Byron Elba Road. Byron and South Byron fire departments dispatched.

UPDATE 8:43 p.m.: A tree and wires are down in the area of 1075 Ham Road, Alabama. Alabama fire dispatched. Also, on 6323 Warboys Road, a pole is down with wires in intact.

UPDATE 9:43 p.m.: Town of Batavia Fire Department is requested to 5025 Ellicott Street Road, Batavia, for water coming through an electrical panel.

UPDATE 10:02 p.m.: State Police have requested Pavilion fire police to shut down Route 63 at Route 19 because of a stuck railroad crossing gate.

Friday, June 13, 2014 at 11:17 am

Byron Heritage Festival Saturday, July 26

Byron Heritage Festival   July 26, 2014

 

      Where is the center of the Universe?  On Saturday, July 26, it will be Byron, New York.  So look it up on MapQuest, orient your GPS and set your Bat-radar for Byron.  Your life will improve, the community’s spirit will be lifted, flags will wave, and the world will be better!  Just look at these great activities and special events taking place throughout the day:

 

8:00 – 9:00 AM            Fishing Derby at Trestle Park (sponsored by Byron Kiwanis & Sackett Merrill White American Legion Post), for ages twelve and under.  Sign-in begins at 7:30 AM.  No entry fee.  Prizes will be awarded.

 

8:00 AM                       5K Run at Fireman’s Park (sponsored by the Byron Rescue Squad).  Registration begins at 7:00 AM, the race begins at 8:00 AM, and results are posted at 9:30 AM. 

 

9:00 AM – 5:00 PM      Craft and Food Vendors (in Fireman’s Park).  Contact the Town Clerk (548-7123 x 10) to reserve a space.  Non-profits may reserve for free, and a modest fee for others.   During this time the Byron Fire Department will be offering activities and games for children to enjoy.

 

9:00 AM - ??                Town-wide garage sales.  Contact the Town Clerk at 548-7123 x 10 to have your location added to the publicity list.  Lawn space is available for free at the Presbyterian Church in the center of town (please call 548-2800 to reserve space).

 

10:00 AM – 3:00 PM     Raffles (tickets sold at the Gazebo in Fireman’s Park).  Winners announced 3:00 PM.

 

10:00 AM - ??              Bounce House at Fireman’s Park (sponsored by Fullerino’s)

 

11:00 AM                      Red, White and Blue Parade.  Fire companies, vintage vehicles, and community organizations are invited to participate.  Please register with the Town Clerk (548-7123 x 10).  The parade will form on Caswell Road.  A panel of judges will review the parade.  Prizes will be awarded to fire companies and to community groups. 

 

11:00 AM – 3:00 PM     Cruise In.  Vintage vehicles are invited to participate in the parade, and then park in Fireman’s Park for judging by the public.  Trophies and door prizes will be awarded.  No pre-registration required, no entry fee.

 

3:00 PM                       Garden Contest.  Please register with Jeanne Freeman (548-7197).  Entrants must be from the Town of Byron.  Photos of your garden will be taken and then the public votes for their favorites at Fireman’s Park.  Prizes will be awarded.  Winners announced at 3:00 PM.

 

4:00 PM                       Horseshoe Tournament in Fireman’s Park (sponsored by Sue Fuller).  You may sign up at any time before 4:00 PM.  Prizes will be awarded to winning teams. 

 

4:00 PM                       Chicken BBQ (sponsored by Byron Kiwanis) at the Byron Fire Hall.  Continues until sold out!

 

12:00 PM – 11:00 PM     Live Music in the Fireman’s Park Pavilion

12:00 - 2:30 PM   “Side By Side” 

3:30 PM – 6:30 PM   “M.A.C.”

7:30 PM – 11:00 PM    “Savage Cabbage”

 

9:30 PM                       Fireworks (best location for viewing is Fireman’s Park)

 

For up-to-the-minute information about the Byron Heritage Festival, please visit Town of Byron Heritage Festival on Facebook. 

Event Date and Time

July 26, 2014 - 7:00am - 11:55pm
Wednesday, June 11, 2014 at 8:39 am

Law and Order: Maple Street resident arrested after alleged domestic incident

post by Howard B. Owens in batavia, bergen, crime, Oakfield

Eric Marc Chiddy, 36, of Maple Street, Batavia, is charged with assault, 3rd, criminal obstruction of breathing, unlawful possession of marijuana and obstructing governmental administration, 2nd. Chiddy was arrested following an investigation into an alleged domestic incident on Maple Street. He was jailed on $2,500.

Travis C. Bauer, 25, of Water Street, Oakfield, is charged with DWI and unlawful possession of marijuana. Batavia PD responded to a complaint at 11:43 p.m. Friday of a sick or intoxicated driver on West Main Street. After an investigation by officers Peter Flanagan and Chad Richards, Bauer was charged.

Timothy Blase Antinora, 23, of Swamp Road, Brockport, is charged with aggravated unlicensed operation, 3rd, and unlawful possession of marijuana. Antinora was stopped for alleged traffic violations at 4:09 p.m. Monday on North Lake Road, Bergen, by Deputy Joseph Corona.

Monday, June 9, 2014 at 8:26 am

Green Party candidate for governor makes stop in Bergen on June 19

post by Howard B. Owens in bergen, Green Party, Howie Hawkins, politics

Press release:

Howie Hawkins, Green Party candidate for governor of New York State, will conduct a press conference in Bergen on Thursday, June 19 to be followed by a meet-and-greet with local Green Party members.

The slate of Hawkins, Brian Jones, lieutenant governor, Ramon Jimenez, attorney general and Theresa Portelli, comptroller, was nominated at the recent Green Party state convention in Troy.

Hawkins launches his second bid for NY executive after running against Andrew Cuomo in 2010. Jimenez is also reprising a run for AG.

The Green Party candidates have dubbed their platform, the Green New Deal. Hawkins says he plans to challenge the 1-percent tag team of Cuomo and Republican nominee Astorino on economic, climate change and criminal justice issues. Hawkins also wants NY to go carbon free with a 100-percent clean renewable energy by 2030, while providing a public living wage job to any New Yorker who needs one.

The Greens selected NYC Educator Brian Jones to highlight their opposition to Cuomo's education policies promoting privatization of the education system, including his promotion of the Common Core agenda and charter schools. The Greens are seeking full funding to meet the educational needs of New Yorkers, including free tuition at CUNY and SUNY.

The press conference in Bergen is scheduled for 2 p.m. at the residence of Genesee County Green Party member Chris Barons, 24 Clinton St. A Meet-and-Greet will follow a presentation to local Greens at 4 p.m. The event is open to the public.

Saturday, May 31, 2014 at 2:37 am

Car hits tree in Bergen

post by Howard B. Owens in accident, bergen

A has hit a tree in the area of 39 North Lake Ave., Village of Bergen. Unknown injuries. 

Bergen fire and ambulance, and Mercy EMS responding. 

UPDATE 2:42 a.m.: Assignment being held to a single Bergen engine.

Wednesday, May 28, 2014 at 3:16 pm

Bergen student makes the dean's list at University of Pittsburgh at Bradford

post by Billie Owens in bergen, Milestones

The University of Pittsburgh at Bradford has named 304 students to its spring dean's list.

Mackenzie Lynn Heale, a senior Criminal Justice major from Bergen, is one of them.

Dean's list status is awarded to full-time students who have earned a grade-point average of 3.5 or higher.

Sunday, May 25, 2014 at 2:53 pm

Bergen grad is now a private first class in the Marine Corps

post by Billie Owens in bergen, Milestones

Bergen’s newest Marine is PFC Aaron K. Inzinca, who graduated on May 23rd, 2014 from the United States Marine Corps, Mike Company Recruit Training Battalion, Parris Island, S.C.

Aaron is a 2013 graduate of Byron Bergen Central School and is the pride of Brian & April Stone of Bergen. Following SOI training at Camp Geiger, PFC Inzinca will be furthering his education in aviation mechanics in Jacksonville, Fla.

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