Margarita's Mexican Restaurant, 15 Jackson St., Batavia, shut down nine days ago over an alleged failure to pay state taxes, will reopen at noon, Saturday.

Owner Carlos Hernandez received the keys back to his restaurant today and was busy late this afternoon, working with his staff, getting the restaurant ready to reopen.

He said he's very happy to get the issue resolved.

Through an interpreter, Hernandez said the tax issue was an oversight.

"It was a misunderstanding with the accountants."

Tax officials claimed he owned more than $32,000 in unpaid sales and corporate taxes.

Hernandez hired an attorney to help him straighten the matter out and reached an agreement with New York so he could start serving fajitas and burritos again.

Hernandez also made a point of noting all the positive comments about Margarita's on The Batavian. He appreciates the support.

Here's a news release sent today from Assemblyman Steve Hawley's office.

Assemblyman Steve Hawley toured local businesses and met with local business leaders earlier this week to discuss ways to improve economic development in Western New York.

During the 2010 Legislative Session, economic development programs statewide were charged new fees and saw development funding significantly decreased, which Assemblyman Hawley voted against.

“As a local business owner in Western New York, I know firsthand how difficult and unfriendly New York State is for businesses, especially small businesses,” Hawley said. “Over the years, Albany has increased taxes, fees, and regulations to the point that starting or maintaining a business here is almost impossible.

"It is my hope that by working with local business leaders we can create a grassroots movement to tell Albany that it needs to stop its tax-and-overspend policies. We need to start investing in job creation and economic development programs.”

Hawley’s local business tours started earlier this month with a visit to Willow Specialties in Batavia on Aug. 6 to meet with CEO Bernie Skalny. Willow Specialties produces baskets and packing supplies for hotels, restaurants and supermarkets across the country.

On Aug. 17, Hawley met with Jim Lines, president and CEO, and Jeffrey Glajch, CFO, of the Graham Corp. in Batavia, a leading designer and manufacturer of vacuum and heat transfer equipment for energy markets and process industries.

On Aug. 24, Hawley met with Peter Milicia, president of BMP America, Inc., in Medina. BMP America specializes in manufacturing and converting technical non-woven textiles and engineered polyurethane elastomers.

Hawley’s local business tour will continue with planned visits to TREK, Inc., in Medina, Precision Packaging Products in Holley, and Allen’s Canning – Birdseye in Oakfield.

Earlier this month, the National Federation of Independent Businesses (NFIB) released its 2009-2010 Voting Record, which outlines the voting record of legislators regarding critical economic development and job creating legislation in New York.

While 79 of 150 Assembly members voted against business interests 80 percent of the time during 2009 and 2010, Hawley was rated among the most business-friendly legislators in the state with a pro-business voting record of 91 percent.

It all began with Hunter James Kelly, the little boy who wasn't supposed to live to see his second birthday.

Shortly after he entered this world, Hunter was diagnosed with Krabbe disease, a neurodegenerative disorder that affects one in every 100,000 children.

While his battle with the condition did ultimately cost him his life, Hunter beat the odds and made it to age 8. This was partly owing to his own strength and will to live, but also to the tireless efforts of his parents, who worked very hard to make sure he had the care and support that he needed -- both medical and personal.

His father is Jim Kelly, former quarterback for the Buffalo Bills. His mother is Jill Kelly, a former model, a longtime Attica resident and an alumnus of Notre Dame High School in Batavia.

The Kellys were devastated by the loss of their son, and this devastation could easily have shattered their family.

Instead, it brought them closer together.

The same devastation could also easily have snuffed out any faith they had in the possibility of any meaning, purpose or goodness in the universe.

Instead, it drew them into a close, personal relationship with a loving God.

Hunter's ordeal, the hurdles Jim and Jill faced in their marriage, their love for their children, the faith they both found...these are some of the subjects that Jill covers in her new memoir, "Without a Word: How a Boy's Unspoken Love Changed Everything." 

"Without a Word" will be Jill's third published work. The others are "Prayers for Those Who Grieve" and "Prayers of Hope for the Brokenhearted."

As you might expect, the memoir is told mainly from Jill's perspective. But it also includes contributions from Jim and the couple's two daughters, Erin Marie and Camryn Lynn. Each member of the Kelly family shares his/her experience as part of a family that has suffered together, loved together, struggled together, and believed together.

Jill will be featured on NBC's "Today Show" on Sept. 10 (the day after the book's release) and on "Fox and Friends" on Sept. 11.

In the meantime, she was kind enough to take some time out of her busy schedule to talk with The Batavian about the faith that has sustained her throughout all of her ordeals and given her a strength, peace and joy that inspires everyone around her:

Q: How has your faith journey played out through all of this (the loss of your son, etc)?

A: My faith is what sustains me, even to this very moment. But I didn't turn to God or realize I needed Him so desperately until Hunter got sick. I never thought about the things of God with any depth until that point. I grew up with the religion aspect of faith, but I didn't realize that God was as real and as involved in my life as He actually was. He's an intimate God. He cares about all the details of our lives and orchestrates the things around us in order to help us draw closer to Him.

I think people have a choice -- in troubled times, they either turn away from God or they run to Him. In my desperate need for hope and heaven and healing -- because I was devastated -- I ran to God. And I was surrounded by other people who walked by faith, which was very encouraging. They helped me to seek God and to learn more about Him. It changed my whole life, the way I look at our very breath.

Q: Your friends say you and Jim have been "transformed" by your faith. In what way?

A: In every way. We live every moment in light of eternity. I live with the knowledge that I'll see Hunter again, that heaven is real, and that God has a purpose in our pain and suffering. Although we still grieve (for Hunter) at various times and in various ways, my great joy is in knowing what's to come. I'd say I live every moment of life differently as a result of trusting in Christ for everything I hope for.

I don't credit myself here -- it's not my faith as such that I'm trusting in, it's the Person behind my faith. Putting faith in Him has definitely transformed our marriage and our family. We live differently, we love differently, we see differently...everything's changed.

Q: Can you talk a little bit about your marriage, and the role your faith and struggles have played in that?

A: Every marriage struggles. When you have two people coming together, each one having his/her own issues and being a completely unique person, you're going to have problems. You have to choose whether to work it out or give up. With me and Jim, so much was stacked against us -- statistically, in terms of being married to a celebrity athlete and everything that goes along with that, plus having a desperately sick child and everything that goes along with that. We found ourselves in a position where nothing was for us except for God.

We've learned that marriage is not a once-in-a-lifetime thing. It's a process in which God helps us live out our lives, first of all for Him, and also for each other and for our children. Each day, we know that we need help and that we can't do it alone. Our marriage wouldn't survive without Christ, without prayer. It's a lot of work, but the blessings far outweigh the hardships. Most of all, we know we're honoring God and blessing our daughters by doing so.

Q: On your website, you've written that Hunter "loved those around him without being able to speak." How so, exactly?

A: Like you said, he couldn't talk, and he also couldn't move on his own. He couldn't smile or give you a hug or a kiss, or anything that we would normally understand as showing love. But just his very presence...I mean, I'm his mom. I took care of him, and I knew him. I know him. I knew he loved us. I mean, just the fact that he was alive, and loved life, and wanted to live, and struggled beyond anything I've ever experienced and yet...was full of joy. It's really hard to articulate, but I do the best I can to share this in the book. I hope the readers can grasp what I'm trying to say about Hunter, as hard as it is to explain.

Q: Would you say that the pain you went through and the experience of Hunter's suffering helped you to get closer to Christ in His suffering?

A: Absolutely. There's no doubt about that. I didn't understand that there can be beauty and value in suffering until I was able to take Hunter's suffering to the Cross. There is beauty in suffering if we have a place to take it where there's hope. I mean, Jesus didn't suffer on the Cross for nothing. If you're a Christian, you believe there is hope because of what Jesus did, and that we can take our suffering because it's not the end of the story. Hunter's suffering was not the end of his story -- his story is that he's with God, and we (meaning Jill and her family) will be there one day, too. And the story goes on. That hope changes the way you live, believe, treat each other...everything. That's the reason for the subtitle of the book -- God used this little boy to change everything!

Q: One of the typical objections of atheists and other skeptics of religion is, "If God exists, and if God is good, then why is there so much suffering in the world? Why do bad things happen to people?" How would you answer that, based on your experience?

A: I would say that I've seen the good that can come out of suffering. Also, you know, it's not my place to convince an atheist that God exists. God has already displayed Himself in creation. The fact that we have another breath is His goodness. Do I understand fully why God allows evil in the world the way it is, and disease, destruction, etc? No, I don't fully understand -- but that's the beauty of who God is. I don't understand all of Him. He wouldn't be God otherwise! He's beyond my comprehension, and He's beyond anything we can know. But, He has chosen to reveal Himself to us through His Son, Jesus Christ, the Flesh and Blood of the God of Creation. Most people who would make the argument you mentioned have never read the Bible. I would say that until you've spent time getting to know this God Who has chosen to reveal Himself in His Word, don't say anything! (she said this last part with a bit of playful laughter in her voice)

And as far as saying, "If God is good, then...," who are we to stand in judgment of God? You know? Who are we to walk up to Him and say, "Who do you think you are, God?" We're created beings who don't have the capacity to fully understand these things. And I'm thankful for that, because I can at least trust what I know. I can trust what God says versus trying to figure Him out.

Q: You talk about your children and how much they mean to you, both on your website and in your book. What do you think Jesus meant when He said, "The Kingdom of Heaven belongs to ones such as these (meaning children)?"

A: Children are so trusting. They're willing to believe the unbelievable. They just have a way about that them receives truth. It sounds crazy, but we know it's true. We know children -- they think beyond the ordinary; they think the extraordinary. I think they tend to be more accepting of truth than we are, as adults. What we need to do is just allow the truth to be the truth, and not let our pride, our preconceived notions, our circumstances or our experiences dictate truth. Because truth is beyond what we can see. Also, children have this openness to the simplicity of faith. Faith is really a very simple thing -- you either believe or you don't! What Jesus is saying is, "You need to come like a little child." That way you can just accept what's true and receive the gift. You can receive the love of God, and what He has done.

Q: Do you have any advice for people who want to have faith, but face certain obstacles or are struggling with hurdles...whether emotional, intellectual, or otherwise?

A: Christ says that if you seek Him, you will find Him. He made a promise. He's not running away from us, He's running towards us. And it really has nothing to do with us, because He's the one who starts everything! So I would say that if you're seeking God and pondering these things -- and yeah, you might have different hurdles to overcome, but the fact that a person is even seeking God is evidence that God is already at work in that person's heart. Of course, we could choose to ignore Him and turn away, and that's our choice. But again, the fact that we're seeking Him is a sign that He's drawing us to Himself. My advice would be, don't give up! Jesus has promised never to leave us or forsake us. He's made many promises and kept every one. This isn't something I would know if I hadn't read His Word. I'm a student of the Word, and I spend time with it every day.

Jill's book will hit the shelves all across the country on Sept. 9, but is available now in Buffalo area bookstores -- including the Barnes & Noble on Niagara Falls Blvd. and Bender's Christian Supply Store on Sheridan Drive.

For more information on the Kelly family and Jill's writings, please visit her website: www.jillk.org.

To learn more about the Hunter's Hope Foundation, which Jim and Jill founded in honor of their son and for the purpose of helping children with Krabbe disease, go to www.huntershope.org.

Photos courtesy of Jill Kelly

William J. Butler, 40, of 3 Vine St., Batavia, is charged with two counts of criminal possession of a controlled substance, 3rd, and promoting prison contraband, 1st. Butler was taken into custody by members of the Local Drug Enforcement Task Force as part of an investigation into trafficking in crack cocaine in Batavia. Members of the task force, the Genesee County Sheriff's Office and the Batavia Police Department executed a search warrant on Butler's residence. Butler was located in a vehicle on Route 33, Town of Batavia. As a result of the searches, Butler was allegedly found in possession of more than one-half ounce of crack cocaine. While being processed into Genesee County Jail, Butler was also allegedly found to have crack cocaine on his person. The total street value of the crack cocaine is estimated at $1,000. Additional charges may be pending. Butler was jailed with no bail.

Christopher Paul Rutherford, 26, of Cowan Road, Piffard, is charged with petit larceny. Rutherford is accused of giving away an oil change and tire rotation to a friend and fellow employee at 4133 Veterans Memorial Drive, Batavia.

Earl Shateek Anthony Lockhart, 18, of East Main Street, Batavia, is charged with petit larceny. Lockhart is accused of shoplifting from Walmart.

Diane Mary Kotarski, 37, of Lewiston Road, Batavia, is charged with harassment, 2nd. At 3:35 a.m., Kotarski allegedly grabbed a male victim by the neck and slammed him into a car window. Kotarski was arraigned and released and an order of protection was filed barring her from contact with the alleged victim.

Steven Michael Hauser, 41, of Stanridge Court, Rochester, is charged with harassment, 2nd. Hauser is accused of punching another person while inside the concert venue at Darien Lake. The alleged incident occurred at 10:45 p.m., Aug. 20.

Gerilynn Georgette Joannis, 43, of Stanridge Court, Rochester, is charged with harassment, 2nd. Joannis is accused of punching another person while inside the concert venue at Darien Lake. The alleged incident occurred at 10:45 p.m., Aug. 20.

South Beach, 59 Main St., Batavia, NY: Only recently reopened, a fine/casual dining atmosphere, offering steaks and seafood and daily specials. We have a $25 gift certificate for $12.50 (must be used by Nov. 30, 2010).

Settler's Restaurant, 353 W. Main St., Batavia, NY: Settler's has a 25-year history of serving great, affordable breakfasts, lunches and dinners to Batavians. We have a $20 gift certificate for $10.

Carlson's Studio, 39 Jackson St., Batavia, NY: Weddings, new babies, family portraits, pet portraits and group events -- preserve those memories with professional photographs. We have a $100 gift card for $50 (+$2 PayPal Service fee).

Clor's Meat Market, 4169 W. Main St. Road, Batavia, NY: For the best, most flavorful, juiciest chicken or hamburger in town, hands down, stop by Clor's. Oh, and the steaks are great, too. And the sausage. Clor's also serves lunch and dinners from 10 a.m. to 8 p.m. We have a $20 gift card for $10.

Stafford Trading Post, 6173 Main Road, Stafford, NY: Lunch or dinner, Stafford Trading Post offers a variety of fresh, homemade meals, as well as snacks and drinks. Now in a new, expanded location. We have a $25 gift card for $12.50.

Delavan's Restaurant and Tavern, 107 Evans St., Batavia, NY: To me, Delavan's is one of those restaurants where you want to eat frequently until you try everything on the menu. We have a $20 gift certificate for $10.

T.F. Brown's, at 214 E. Main St., Batavia, NY: T.F. Brown's is a great place for a good meal, good friends and to catch up on what's going on in the sports world. "If it happens in sports, it happens at Brown's." We have a $20 gift card for $10.

Center Street Smoke House, 20 Center St., Batavia, NY: Authentic Southern BBQ, from ribs to brisket with all the fixin's. We have a $20 gift card for $10.

Alex's Place, 8322 Park Road, Batavia, NY: People come from all over the region for a fine dining experience at Alex's. It's best known for its ribs, of course, but Alex's seafood is also a favorite of the restaurant's diners. We have a $25 gift certificate for $12.50.

Matty's Pizzeria, 4152 W. Main St., Batavia, NY: Matty's is another Batavia favorite for pizza and wings. We have a $20 gift certificate for $10.

Larry's Steakhouse, 60 Main St., Batavia, NY: The name says it all -- Larry's is a great place for steak. Larry's has a fine dining atmosphere with a great menu and outstanding service. We have a $25 gift certificate for $12.50.

NOTE: If you've never bought Deal of the Day before, or are otherwise unfamiliar with the rules and process, click here.

SOLD OUT

The Batavia Muckdogs remain much in the hunt for the Pinckney division crown after taking three of four games from the Williamsport Crosscutters at Dwyer Stadium over two days of double-headers.

The series put the Muckdogs, now 37-27, three games ahead of Williamsport in the wild-card race.

Tonight at Dwyer, Batavia split the double-header, taking the first game 6-3 and dropping the second 2-1.

Nick McCully (3-2) picked up the win going six innings (of a seven inning game) giving up seven hits and three runs.

First-year pro Mike Reid picked up his second save dispensing of Williamsport in the seventh on quick three outs.

First baseman Victor Sanchez had three hits and scored twice, while catcher Audey Perez had two hits and two RBIs and Jon Rodriquez tripled and drove in two runs. Nick Longmire scored two runs.

In the second game, reliever Keith Butler was unable to protect a one-run lead in the seventh inning. Butler gave up two hits and two runs.

Batavia's lone run came on a lead off home run by Chris Edmondson. It was Edmondson's first homer as a Muckdog. He hit six earlier in the year with Johnson City. Edmondson is hitting .324 in 18 games with Batavia.

Batavia managed only three hits in the second game against three Williamsport pitchers.

Tomorrow the Muckdogs travel to Pennsylvania for the first of five straight games against State College (32-33). The final three games, starting Sunday at 5:05 p.m., are at Dwyer Stadium.

More pictures after the jump:

A car was stolen a short time ago from in front of a business on Liberty Street.

A customer went into the business and found when she came back out that her 2009 Chevy Malibu was gone.

The color of the car is gray.

Batavia Police are responding.

A car fire is reported at 6917 W. Bergen Road, in the back parking lot of Byron-Bergen Central School.

Bergen Fire Department is responding.

An outside consultant's ongoing study of what Genesee County should do with its nursing home is proceeding as planned and on schedule, according to County Manager Jay Gsell.

The point needed to be made, Gsell said, because as the Center for Governmental Research works through its interviews, researchers are encountering questions and rumors about the status of the report.

The rumors have been as wild as suggesting that the county is looking at purchasing UMMC, which Gsell said isn't going to happen.

To remind everybody what CGR is up to, Gsell issued a "status report" to the local media today.

Full report after the jump:

The due diligence process focused on the future fiscal and operational viability of the Genesee County Nursing Home is continuing on schedule with an expected comprehensive report by the Center for Governmental Research (CGR), the outside consultant retained by the county earlier this year, to be delivered in September or October 2010.

Over the past four months CGR has engaged a broad cross section of county legislators and management staff; nursing home administration, staff and local union representatives; residents and their family members; nursing home contracted service providers and community healthcare professionals and business representatives in their fact-gathering and opinion-seeking process.

CGR conversations are also anticipated with the New York State Department of Health’s regional and state representatives as part of their review and development of the options for the long-term future of the county’s 240-bed nursing home and related services environment. This includes a detailed analysis of a variety of historical financial and descriptive data about the Genesee County Nursing Home and its various component programs and services.

Possible long-range options include:

• Continued county ownership and operation as a county department;

• Continued county ownership and operation as a county department with significant fiscal and operational changes;

• Solicit through a Request for Proposal for a contract with a third party for management, operation and streamlining of facility costs;

• Or solicit through a Request for Proposal process potential alternative ownership and/or operational agreements.

Closure is not an option being considered by the county, and all of the above options would include the ultimate goal of ensuring that the long-term institutional care needs of a diverse group of Genesee County residents are met.

The county’s commitment to quality care and a pleasant living and working environment for years to come is evidenced by the debt obligations and facility improvements it continues to make on behalf of the nursing home.

A significant capital investment was made in the facility in 2000 and capital investments continue today with necessary infrastructure projects such as roof replacement and reconnection to the National Grid electric services.

These investments are being made in spite of ongoing and projected $1 to $3 million-plus annual operating deficits and the state and federal governments’ continued capping or reducing daily reimbursement rates under Medicare and Medicaid.

The engagement of CGR as an outside, neutral expert in researching and profiling alternatives to the current deficit-financed public-sector legacy is a commitment to being as prudent, responsible and strategic as possible for the nursing home’s residents, employees and the county’s taxpayers.

The present analysis and outlining of options is an accepted standard practice engaged continuously by private business and industry. The county should be no less prudent or proactive when it comes to this heavily regulated, 24 hours/7 days per week operation. Its maintenance and upkeep are paramount to this critical piece of our community’s healthcare continuum.

Jay A. Gsell
Genesee County Manager

The following indictments were filed last week by the Genesee County Grand Jury.

Nicholas S. Dellarocco is indicted on charges of burglary, 3rd, criminal mischief, 4th, and petit larceny. Dellarocco is accused of entering a business at 3 West Ave., Le Roy, on May 3 with the intention to commit a crime. He allegedly damaged doors and a cash register in the building. He also allegedly stole cash from the business.

Alan J. Delano is indicted on charges of burglary, 2nd, petit larceny, and three counts of criminal possession of stolen property, 4th. Delano is accused of entering a residence at 61 Myrtle St., Le Roy, with the intent to commit a crime. He is accused of stealing a flat-screen TV and a vase along with $30 cash on March 13. He is accused of possessing a credit card, a debit card and a public benefits card belonging to another person.

Crystal L. Goodrich indicted on charges of felony DWI, driving with a BAC of .08 or greater and aggravated unlicensed operation of a vehicle. Goodrich is accused of driving a 2003 GMC on a public road in Pavilion on May 3 while intoxicated.

For the three youths being hauled into family court on arson charges stemming from the Wiard Plow fire on May 8, justice -- such as it is -- will be swift.

Family court operates much faster than adult court, according to Assistant County Attorney Durin Rogers.

Rogers spoke on the condition that his comments not be construed as speaking specifically about the arson case, but in general about how family court operates and what a youth facing felony charges might expect. He is prohibited by law from talking about specific cases in family court, where all matters are kept confidential.

The outcome of a case such as this could range from conditional discharge, to two years probation, to placement in a limited-security facility for up to 18 months. 

That's as close as a youth charged with a felony might come to prison, unless the young offender committed one of a series of offenses eligible for juvenile offender status.

As a JO, a youth could be tried as an adult.

The charges in this case do not fall within that statutory definition, Rogers said.

Some cases, he said, are just seen as acts of juvenile delinquency.

Asked if the public will ever know the outcome of the case, Rogers said he couldn't comment.

Det. Todd Crossett told WBTA this morning that the arrest of the three 14-year-olds is the last the public will ever hear of the case.

As for the parents of youths in such cases, they face no charges tied directly to their children's actions, and are not technically financially liable for the damage caused by a minor to private property, Rogers said. 

In family court, there are hearings and respondents (called defendants in adult court) who receive legal respresentation. A convicted youth can be ordered to pay restitution, but not the parents, Rogers said.

That doesn't mean the property owner victimized by an act of vandalism can't sue the parents. But in order to sue them, the property owner would have to know who the youth was who committed the crime. Asked if there was a procedure for a property owner to find out the name of defendant in family court, Rogers said he couldn't comment on that.

Crossett told WBTA this morning that detectives don't believe the three youths meant to burn down a building.

"I don't think there was the thought when they went in there to say, 'Let's burn the whole thing down,'" Crossett said.

With the old wood and chemicals in the building, Crossett said the youths' fascination with fire became something too big too fast.

"I think the fire just got really out of hand really fast," Crossett said.

The foundations of the old factory buildings have been cleared of debris, as the pictures with this post show. Owner Tom Mancuso was not available to comment today on the future of the space.

As the chapter on the May 8 fire comes to a close, Mancuso's company is also pushing ahead with the Masse Gateway Project.

After a few years of being unemployed, Mary Holmes decided it was time to open her own store.

"I just finally got tired of working for other people," Holmes said.

The Batavia resident and Attica native owned a crafts store in Albany during her 25 years living there, but with her family's background in flea markets, it was natural that the store would carry a variety of used merchandise.

The primary focus, however, as the name of the store says, is books. The business name is Anything Goes Books and More. It is located in the Harvester Center right on Harvester Avenue.

Holmes has amazing, impressive array of items to sell, but as she expected, most of her customers to this point have been buying books.

She opened the store the first week of August.

And the outlet is a family affair. Some of the merchandise comes from her father's estate and her two bothers and sister help by going to garage sales and flea markets looking for more used items to sell in the store.

"I need the help," Holmes said. "I can't be out there picking stuff and be in here, too."

Right now, the store occupies three office-sized spaces in the Harvester Center. Holmes said it's her dream to see the store expand and carry even more items, or even when its doing well enough to move to Main Street.

She acknowledged that the Harvest Center is a little out of the way for some people, but with the recent addition of some other new businesses in the complex, it's helped her business a lot, she said.

Construction -- or rather, destruction -- has begun on the Masse Gateway Project.

The project is intended to turn the old factory buildings of Masse-Harris/Harvester into modern office and light industrial space. The first phase involves knocking down the buildings at the end of Masse Place to create an entryway into the facility.

The project is expected to cost $3.1 million and is being partially funded by a $1.5 million RestoreNY grant. Mancuso Development Group, the property owner, will cover the balance of expenses.

The project is expected to lead to productive use of all the old factory buildings in the complex, as can be seen in the artist rendering below. Included in the concept was a portion of the old Wiard Plow factory building, which was destroyed in an alleged arson fire in May. A representation of the destroyed structure can be seen in the lower right of the rendering.

A Holley man who suffered a head injury in an ATV accident last month was booked by State Police on drinking and driving charges Tuesday.

Twenty-five-year-old Keith A. Carpenter was among three ATV riders charged with DWI in connection with the July 18 accident at 6137 Merrill Road, Byron.

Carpenter was taken to Strong Memorial Hospital by Mercy Flight with head trauma and other injuries, according to Lt. David Denz. Tuesday was the first opportunity since Carpenter was released from medical care to book him on the charges.

According to Denz, Carpenter was riding an ATV and following Theodore C. Vierling, 21, of Holley, when Vierling slowed to make a turn. Carpenter didn't notice Vierling slowing and ran his ATV into the back of Vierling's ATV. Carpenter was ejected from his vehicle.

Vierling was not injured in the 8:03 p.m. accident but he was also charged with driving while alcohol impaired.

Carpenter was charged with DWI and operating with a BAC of .08 or greater.

Also charged with DWI and driving with a BAC of .08 or greater was Edward G. Kuhn, 20, of Holley. Kuhn was following Carpenter on his ATV, but not involved in the accident.

Sandra L. Chilano, 50, of Dodgeson Road, Alexander, is charged with grand larceny, 4th. Chilano is accused of writing out cash refunds to herself while employed at Petco. The total amount of cash refunds allegedly exceeded $1,000. The 11 separate alleged incidents occurred between June and August.

Debra J. Overton, 47, of Hague Street, Rochester, is charged with DWAI (drugs), aggravated unlicensed operation of a vehicle and failure to keep right. Overton was stopped at 9 p.m., Monday, by Deputy Tim Wescott.

Dedra Ann Berg, 35, of Lasaille Avenue, Kenmore, is charged with criminal contempt, 2nd. Berg is accused of going to the house of her boyfriend's victim on Overlook Drive, Batavia, in violation of an order of protection out of the Village of Kenmore. Berg reportedly has similar charges pending in the Village of Kenmore Court.

John Robert Douglas, 30, of Lasaille Avenue, Kenmore, is charged with criminal contempt, 2nd. Douglas allegedly went to the house of a person on Overlook Drive, Batavia, whom he was ordered not to contact by the Town of Grand Island and Village of Kenmore courts.

UPDATE: On Monday, we reported the arrest of Brenda Lea Freida, 43, of Munger Road, Holley, on a DWI charge. Yesterday, the Democrat and Chronicle reported that Freida is a director of instruction in Holley Central Schools. The D&C reported that she is currently on a voluntary leave of absence. At the time of her arrest, Frieda had a pending case in Genesee County for a prior alleged DWI.

An inmate at the federal detention facility in Batavia, who was already in trouble for reportedly using illegal tactics in debt collection, has been accused by Attorney General Andrew Cuomo of operating a collection agency from inside the prison.

News report:

Lamont Cooper, 38, formerly of Lancaster, operated CMC Recovery Services, Inc., d/b/a Legal Action Recovery in Buffalo, from prison in violation of a May 2009 court order barring him from the collection industry, according to the felony complaint. He was barred after an earlier investigation determined his business regularly used threats and intimidation against consumers.

The complaint alleges that Cooper’s collectors routinely pose as law enforcement and threaten to arrest consumers unless they make arrangements to pay the company immediately. The complaint further alleges Cooper’s involvement in the scheme continued after he was taken into federal custody in October 2009 for being found in violation of the terms of his release from a 1997 drug conviction.