It's not every day that you drive down Main Street and see somebody playing full-on heavy metal air guitar, but that's what I saw today in front of T-Shirt's Etc. on Main Street.

It was Dancing Derrick, whom I've never heard of before, but apparently he is well known in the region. Several people honked their horns and shouted out, "Hey, Derrick" as they drove past.

Derrick, a Holly resident, said he's trying to make a career of dancing in front of businesses as a promotional attraction. T-Shirts Etc. owner Brian Kemp confirmed he hired Dancing Derrick to draw attention to his store.

UPDATE: Here's a video from YouTube of Dancing Derrick.

[video:http://www.youtube.com/watch?v=Oavuw8-tOaU]

A Wyoming County man has been awarded more than $200,000 in a lawsuit filed against a Genesee County-based orthopedic surgeon, according to a press release from the law firm of HoganWillig out of Amherst.

According to the press release, the suit alleged that the Dr. Matthew Landfried "deviated from the standard of care by failing to put in the proper size hip prosthetic, which necessitated multiple revision surgeries."

The statement said the award was the largest granted in a civil suit in Genesee County in the past 10 years.

The jury found in favor of the plaintiff 5-1.

Full press release:

BATAVIA: A New York State Supreme Court jury awarded Wyoming County resident,   Douglas Stedman, $223,000 for past pain and suffering in a medical  malpractice case against a Genesee County orthopedic surgeon. The verdict is the largest to be awarded in a medical malpractice suit in Genesee County in  the past ten years.

After three and a half hours of deliberation that followed a trial that  lasted, on and off, for three weeks, the jury in the courtroom of Justice  Rose H. Sconiers returned the verdict in favor of the plaintiffs, represented  by the law firm of HoganWillig. The jury voted 5-1 that the defendant  physician was negligent and ascribed 100 percent of the liability to the physician.

Attorneys John Licata, John DeFazio, MD and Jennifer Fay represented the plaintiffs and argued that the doctor deviated from the standard of care by  failing to put in the proper size hip prosthetic, which necessitated multiple revision surgeries.

We've heard from one city ambulance employee and have confirmed with Batavia City Manager Jason Molino that 17 medics and 4 firefighters have been notified of their termination from the city's fire department.

We have no further details at this time.

The city is shutting down its ambulance service as of Aug. 31 and Mercy Flight is starting a new ground ambulance service in Genesee County at 12:00 a.m., Sept. 1.

You'd think a debt-collection agency would be in high cotton these days, what with the economic downturn and all.

Not so, apparently with a Batavia business that duns people for money. Pioneer Credit Recovery, Inc., located at 1 Mills St., suite 200, is shutting its doors, according to workers there.

We are told by sources that employees were called into a meeting at noon and informed that the Batavia office was being shut down but that employees would be given an opportunity to transfer to Pioneer's Perry or Arcade office.

So far, we haven't heard from the bosses (we've placed four calls to the corporate headquarters) on details of the announced shutdown or how many employees will be affected. Ditto the reason behind the move.

Dan Fischer at WBTA has also tried calling Pioneer's headquarters and he spoke to a PR person who said she couldn't confirm nor deny the shutdown.

Batavia is just one branch of Pioneer offices located in New York, New Jersey and Pennsylvania. According to its Web site, it's the largest private employer in Wyoming County and is based in Arcade. Pioneer was established in 1980 and has about 1,400 employees in Western New York.

Pioneer is a subsidiary of Sallie Mae's Asset Performance Group Division. Its growth over the past few years stems in no small part from legislation passed a few years ago which allowed private companies to contract with the Internal Revenue Service to collect debts.

The company expanded into Genesee County in 2004, with much fanfare from local business leaders and politicos. It was widely regarded as a "shot in the arm" for job growth here.

Christine Fix, then-president of the Batavia City Council, said at the time, according to an old Pioneer press release:

"Pioneer Credit Recovery's selection of the Greater Batavia Area for its expansion represents a tremendous boost to the local economy and spotlights the collaborative efforts in economic development that are taking place in Genesee County and the City of Batavia. The City of Batavia is appreciative of Pioneer Credit Recovery's confidence in our future and welcomes them to our community."

The Batavia project was tagged at $3.8 million, with $550,000 coming from Empire State Development Funds and $750,000 from the governor's Office for Small Cities program. Pioneer pledged to create 200 jobs initially and a couple hundred more regionally in the not-too-distant future.

Howard Owens contributed to this post.

Faced with increasing competition from independent coffee shops across the country, Starbucks is embarking on an experiment to distance itself from its nationally known corporate brand and open coffee shops that give the appearance of being locally owned.

Over the past year, Starbucks has been forced to close 600 corporate-owned outlets, so its opened a new store in Seattle that looks nothing like the classic green and black Starbucks, doesn't use the Starbucks logo, store design or name anywhere in the coffee shop.

In the most obvious rip-off of an independent business, the décor of the new 15th Avenue Coffee and Tea, which the Seattle Times describes as a "rustic, eco-friendly style," is virtually identical to that of Smith, a successful bar next door. Owner Linda Derschang says Starbucks copied everything, from her vintage industrial light fixtures to her wooden seats, and even asked one of her managers where the bar's awnings came from. In an interview with the Seattle Post-Intelligencer, she noted:

"It's got a lot of salvaged wood, it's the same paint color inside as Smith and some of the wood-framed chalkboards look very, very similar… Where's the independent spirit in knocking someone off?"

There's two points worth noting from what's happening with Starbucks. One is, independents can compete with national giants, and customers are increasingly tired of generic corporate brands. The two trends, however, are mutually dependent. There must be locally owned businesses willing to be competitive and there must be customers who who will make supporting local business a priority.

On an evening when the people coming into the Darien Town Court are a week removed from their initial arrest -- to be re-arraigned on the charges that got them locked up in the first place -- the tone is very different. Cases are handled quickly, there's few verbal challenges to the law or the court, and there's a lot less crying.

Quite and subdued would be an adequate description.

I returned to Darien Tuesday evening to follow up on the three defendants we encountered last week in Justice Gary Graber's court the night of the Kid Rock concert.

All three defendants -- Kenneth Koban, Peter H. Scrooby and Jamie E. Otto-Trott -- arrived in court at their appointed hour, well groomed and neatly dressed.

Graber wasn't on the bench Tuesday, being called away for a work-related emergency (he's a dispatcher for a trucking company in Buffalo), so Justice Michael Davis, newly elected last November, was sitting in.

While displaying the same sense of helpfulness -- wanting defendants to clearly understand their rights and legal options -- he takes a fairly matter-of-fact approach to getting a plea from the defendants and determining the date of their next court appearance.

Court started at 5:30 and I arrived at 5:35.  By that time, Koban had pleaded guilty to trespass and was making arrangements with Court Clerk Marcia Bontrager to pay his fine.

After Koban hurried out of the court, Davis and I chatted a bit and then another defendant arrived -- a young man charged with a DWI unrelated to last Tuesday's concert. He was dressed in a suit and a tie as was his attorney. His appearance was perfunctory and then we were back to waiting for Scrooby and Otto-Trott.

Scrooby arrived soon after in pressed pants and a white, long-sleve shirt, accompanied by a slightly older gentleman.

After hearing again the charges against him -- disorderly conduct  for allegedly fighting with Darien Lake security personnel -- Scrooby entered a not-guilty plea and said he would likely retain his own attorney.

He did complain about getting separated from the cash in his pocket the night of his arrest and wondered why it was not returned with the rest of his personnel effects after he made bail. Instead,it was offered to him in a phone call 15 minutes after he was heading home on the Thruway.

Davis explained that he didn't know anything about how Scrooby's property was handled and that was really a matter to take up with the Genesee County Jail.

Once Scrooby's next court appearance was set for July 28 at 6 p.m., Scrooby started to leave, but then remembered another question for Davis: Since Scrooby now had proof of identity, could his bail money be returned? Davis said that wasn't possible until the final dispostion of his case.

While Scrooby finished up his case, Anthony F. Perno, also arrested the night of the Kid Rock concert, stepped before Justice Davis.

Perno didn't take long to let it be unknown that he didn't understand why he was in court. 

"I was hauled in here and accused of something I didn't do," Perno said.

The 39-year-old Rochester resident is charged with harassment, accused of fighting with a security guard in the VIP area of the concert venue.

His frustration was heightened because he thought he had been arraigned Tuesday night and expected this week's appearance to afford him an opportunity to talk with a district attorney about his charges.

He told Davis he intended to bring his own attorney for his next court appearance, and Davis told him that would be July 28. Perno wanted to put it off for a month because he works two jobs and thought only one-week's notice for taking time off for a court appearance wasn't satisfactory his bosses.

Davis held firm on the July 28 date, but set his appearance time for 7 p.m.. Perno said the later time did help.

As Perno's case wrapped up, Otto-Trott checked in with the clerk. She appeared in slacks and a white blouse, looking far less disheveled than she did last week. A young woman accompanied her and sat in a folding chair the back row of the court room.

Otto-Trott, facing two counts of harassment, told Justice Davis that she had decided to seek the help of a public defender, so Davis entered a plea of not guilty for her and set her next court appearance for July 30 at 6 p.m..

With the Otto-Trott case handled, the court room once again fell silent. I walked up to the bench to ask Davis a few questions.

That's when I learned he was only recently elected to his first term, but that his father served as town justice three decades earlier, and in fact, served for a time with Graber.

"I sometimes get lawyers who come in and say, 'I remember when your dad was a judge,' and I say, 'that must have been 30 or 35 years ago,' and they go, 'thanks for putting a date on it.'"

Like Graber, Davis also works in the trucking industry. He dispatches and drives for Walton Milk Hauling in Alexander. He credits both Graber and the state for providing him valuable training on being a town justice.

Above, local volunteer firefighters practice evacuating a smoke-filled building on Main in LeRoy. The haziness provides some idea of what visibility might be like during an actual rescue operation. In this case, the smoke is only simulated.

More than 40 firefighters from LeRoy, Stafford and Pavilion participated in Monday night's drill. First Assistant Fire Chief Michael T. Sheflin submitted the pictures.

The building is an old house on the site of the proposed Wal-Mart in LeRoy. The structure was donated to the LeRoy fire department by the chain for use as a training facility. In previous training exercises, Bergen and Caledonia have used the building.

Sheflin writes:

Monday nights drill was search and rescue, teams entered the structure through the side door and through a second story window using a 35' extension ladder. As you can see in the photos, smoke condition and visabilty were limited. Using search and rescue techniques teams located victims ( training dummies that weight 145 lbs ) and removed them from the building using both the entrance way and the ladder. As the photos show, the Le Roy Fire Dept as well as the rest of the fire departments in the area are trained in search and resuce as well as building evacuations.

Shefin added:

If anyone one is interested in joining there local fire department, most departments hold training or meeting on Monday nights in Genesee County. Stop by and the members will be glad to talk to you.

It seems this past Sunday while we were having street church on Columbia Avenue, there was some training going on for the future muscians of Batavia! Roxy Yeager sure has a way with children!

These young boys are hanging out on Saturday morning with PJ.

These two young friends are loving the music and got Shawn and I involved in a game of catch.

 I have seen what a difference a little love and attention does for the children of the streets of Batavia.  Care-A-Van has been developing relationships with all the families for the past 9 years. Everywhere we go, the children are waiting to get their hugs from Bridget!

These children are the future of Batavia. Care-A-Van goes forth to love upon them and help their families in time of need.  Each one us has been created and designed for a unique purpose in life. As we all have gone through storms of life, isn't it great to find your passion and use that talent to help others and love upon others? 

Maybe you have a passion or talent you would like to share! Come on out and join up with us. This Thursday we will be at the Hilltop Boarding House

Have a super week!

As we say at Care-A-Van

Keep the Light On!

                                   "....America,

                                      America,

                                   God shed

                                       His grace

                                     on thee,

                                and crown Thy good,

                                   with brotherhood

                                      from sea....

                                 to shining sea!

Michael Zachary Rebert, 18, of 7565 S. Pearl Street Road, Oakfield, is charged with criminal mischief and unlawful possession of marijuana. Rebert is accused of being involved in a domestic dispute in which he destroyed property, including smashing a mailbox with a baseball bat. During the investigation, Sheriff's deputies alleged that they found marijuana in his residence.

A 17-year-old from Pembroke is charged with petty larceny. The youth is accused of stealing an X-Box wireless adaptor valued at $107 from Wal-Mart.

Today's Deals

South Main Country Gifts, 3356 Main St. Road, Batavia, N.Y.: From cozy to contemporary is what you'll find at this well-stocked gift store. We have a $20 gift certificate for $9.

The Enchanted Florist, 202 E. Main St., Batavia, N.Y.: Brighten up your home or office with flowers! We have a $20 gift certificate for $8.50.

Picasso's Pizza, 419 W. Main St., Batavia, N.Y.: A great variety of pizza, subs and salads -- and try the wings, too. We have three $5 booklets of $1 gift certificates ($15 value) for $7.50. The gift certificates can be used collectively or individually).

The Mane Attraction, 99 E. Main St., Batavia, N.Y.: The Mane Attraction is a spa and salon offering pedicures, manicures, hair styling and massage. We have a $20 gift certificate for $10.

Blue Pearl Yoga, 200 E. Main St., Batavia, N.Y.: Exercise your soul as well as your body in a friendly and relaxing atmosphere. We have a gift certificate for a seven-week session ($56 value) for $28.

Adam Miller Toy & Bicycles, 8 Center St., Batavia, N.Y.: Feel like a kid in a toy store again, or treat your kids to the greatest toy store they will ever see. We have a $25 gift certificate for $12.50.

Note: We're changing pick-up/mail policy. Please read.

A $1 PayPal service fee applies on items more than $10. The fee is 50 cents on items below $10.

Rules: The gift certificate must be used by within 30 days of purchase. It is not valid with other offers and has no cash value. People who have won a certificate in the past 30 days are not eligible to win a certificate from the same business as before. Gift certificates cannot be combined with other offers without prior approval of the merchant. Gift certificates bought separately cannot be combined for a single purchase. By state law, gift certificates cannot be used for alcohol purchase.

How to Win: Purchase using the PayPal "Buy Now" button below. After the first person to hit the "buy now" button completes the purchase, PayPal will let you know that the item has been sold. The winner has up to 48 hours to make arrangements to pick up the gift certificate at The Batavian office in Downtown Batavia, or, unless other arrangements are made, the gift certificate will be mailed to the address associated with the PayPal account.

Picasso's Pizza

SOLD

Blue Pearl Yoga

SOLD

Adam Miller

SOLD

South Main

SOLD

The Mane Attraction

SOLD

The Enchanted Florist

SOLD

Here's the first two graphs of a press release we received today from Sen. Kirsten Gillibrand's office:

Washington, D.C. – With health care reform the top priority for Congress, U.S. Senator Kirsten Gillibrand is focusing her efforts on reducing childhood obesity, announcing a new plan to ban trans fats in school and provide healthier school lunches.  As the first New York Senator in 40 years to sit on the Senate Agriculture Committee, Senator Gillibrand is providing New Yorkers with a seat at the table as congress debates how to improve the health of children and the food they eat each day.  From her seat on the Committee, Senator Gillibrand is working to secure more federal funds for New York State to combat childhood obesity and lower health care costs..

“As Congress debates how to improve health care access and lower health care costs, we must also pursue a strategy to tackle childhood obesity and improve the health of our future generations,” Senator Gillibrand said.  “We can’t afford to let our children grow up in a culture of obesity.  If our children are going to have the opportunity to reach their potential, they need a healthy start. The most effective way to address obesity is to provide healthier food and exercise opportunities for our children. We need to be taking real steps to give parents, schools and communities the resources they need to give our children access to fresh fruits and vegetables.”

So why exactly is this even REMOTELY a federal government issue?

If local school districts want to take on "trans fat" as an issue, fine, but for the federal government to dictate programs is symptomatic of why federal spending is out of control and communities feeling increasingly less empowered.

As a rural senator, shouldn't Gillibrand be fighting to protect local autonomy instead of undermining it?

NOTE: Due to excessive bickering, comments are closed on this post.

There are old grave yards with tilting and weathered headstones all over Western New York. 

These aging cemeteries were the final resting place for pioneers, heroes and entrepreneurs who helped settle what was once considered "the west."

In Bergen, you can find the grave of Jesse Townsend, who is believed to be the first marked burial in the township. He died  September 25, 1809 at the age of 87. Nearby in the Barr Burying Ground, opposite the James Barr residence, is Captain William Peters, who served in the infantry as a captain under General Wayne in the war of 1776.  His son is also buried there. He died in the first battle of the War of 1812.  Sharing this consecrated ground are James E. Davis and Wilbert Fuller, who died in the Civil War.

This hallowed ground had fallen into disrepair until members of the Bergen Town Board decided to clean up the cemetery.

“These historic markers of our great patriots and the founders of our town need to be preserved” stated Barry Miller. 

The Board voted unanimously to hire Derick Monument Company out of LeRoy to repair stones and rehabilitate any markers that could be salvaged.

Deputy Supervisor Don Cunningham wanted to thank the Highway Department and Superintendent Dave Roggow for initiating the clean-up. 

“Our Highway Department took the first steps to move broken head stones, remove limbs, and other large debris so the south east corner could be mowed," says Cunningham.

Bergen Town Officials met Saturday morning to finish the clean-up efforts and beautification of the East Bergen Cemetery. They did basic maintenance such as grooming, raking and also some historical documentation. 

“It is our duty as local officials to ensure that this history is here for years to come and I am committed to preserving the rich and interesting history that we have discovered in the East Bergen Cemetery” stated Rachel Millspaugh.

(NOTE: This report compiled from a press release from the Bergen Town Board.)

Just now, I searched Google News for "car larcenies" and got four pages returned of reports of break-ins from cars around the country.

I performed this search because of an e-mail I received from Deputy Brian Thompson of the Genesee County Sheriff's Office, who suggested the search and said, "County residents will immediately see why it is very important to lock their vehicles, keep valuables in the house and lock garage and house. Most of the crime that happens is opportunistic crime with devastating results. Being observant to surroundings is also very important in thwarting criminal activity."

We've carried this message before, of course, after initial reports of the spate of car break-ins in the City of Batavia. Even after the arrest of one person in connection with this spree, hardly a morning goes by that I don't hear a report of another larceny on the scanner.

This morning, we posted a report -- with a request for help in solving the case -- of a round of overnight break-ins on Hopkins Road.

It's wise to heed the warnings of law enforcement officers and ensure your cars are secured. Why make it easy for criminals?

From time to time, a reader writes in and says, "I can never get the deal of the day because I can't look at the site at work."  Tonight, a rare after-hours deal of the day.

Center Street Smoke House, 20 Center St., Batavia, N.Y.: Ribs, brisket, steak, prime rib -- Center Street is a meat lovers paradise. We have a $25 gift card for $12.50.

Sport of Kings Family Restaurant, 419 W Main St., Batavia, N.Y.: A favorite locally owned family restaurant that is open 24 hours per day, seven days a week. We have a $15 gift certificate for $7.50.

Main St. Pizza Company, 206 E. Main St., Batavia, N.Y.: Main St. wins consistent praise from diners for every item on its menu, but of course Main St. is most famous for its pizza and wings. We have FOUR $5 gift certificates ($20 value, to be used together or separately) for $10.

Alex's Place, 8322 Park Road, Batavia, N.Y.: People come from all over the region for a fine dining experience at Alex's. Alex's is 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.

T.F. Brown's, at 214 E. Main St., Batavia, N.Y.: 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. The patio is open. It's also a great place to host group events. See the ad on the right side of the page for contact information. We have a $20 gift card for $10.

Jackson St. Grill and Belladessa's Pizzeria, 9 Jackson St., Batavia., N.Y.: Ever try to eat one of their giant cheeseburgers? Can you beat the champ -- Mark's record time of 7 minutes, 13 seconds? We have a $10 gift certificate for $5.

Note: We're changing pick-up/mail policy. Please read.

A $1 PayPal service fee applies on items more than $10. The fee is 50 cents on items below $10.

Rules: The gift certificate must be used by within 30 days of purchase. It is not valid with other offers and has no cash value. People who have won a certificate in the past 30 days are not eligible to win a certificate from the same business as before. Gift certificates cannot be combined with other offers without prior approval of the merchant. Gift certificates bought separately cannot be combined for a single purchase. By state law, gift certificates cannot be used for alcohol purchase.

How to Win: Purchase using the PayPal "Buy Now" button below. After the first person to hit the "buy now" button completes the purchase, PayPal will let you know that the item has been sold. The winner has up to 48 hours to make arrangements to pick up the gift certificate at The Batavian office in Downtown Batavia, or, unless other arrangements are made, the gift certificate will be mailed to the address associated with the PayPal account.

Center Street Smoke House

SOLD

T.F. Brown's

SOLD

Sport of Kings

SOLD

Main St. Pizza

SOLD

Jackson St. Grill

SOLD

Alex's Place

SOLD

Officers are investigating a one-car rollover accident at 7229 Warboys Road in Bergen.

The father of the driver apparently picked him up and took him home before an ambulance arrived.  The nature of his injuries, if any, are unknown.

One of the main reasons for the recent success the Oakfield-Alabama football program has had is the work ethic coach John Dowd instilled in his players.

The weight room was a high priority.

Don't expect that to change as Dowd's replacement is an O-A grad that was known for his drive to be the best and time spent in the weight room during high school.

"I'm going to try my best to get the full potential out of these kids," said new coach Brian Palone, who graduated from Oakfield-Alabama in 1998. "I will work them hard and earn their respect, constantly telling them it's not about how big they are, but the amount of heart they put into it to get the job done."

Palone - who played football, basketball and baseball in high school - has some big shoes to fill and is ready for the challenge. Dowd led the Hornets to their first undefeated season since 1986 this past fall and the squad made the sectional finals, only to lose a great game against a powerhouse Le Roy squad.

He had a 50-12 record over the last six seasons and won a pair of sectional titles, all while stressing hard work and making the program one of the most respected in Section 5.

"There is a great tradition at Oakfield that I saw after graduating from there and seeing what (Dowd) did last year. He did a great job," Palone said. "I'm going to go in and try my best and see what happens. I told the guys that they need to give me 100 percent and I'll give them 100 percent and we'll do the best we can."

Palone will be returning to his alma matter as a first-time head coach.

He has been a teacher at Naples for the last six years and has been the varsity baseball coach for the last three seasons. But the school does not have a football program.

After playing all over the field in high school and as an outside linebacker for four seasons at Brockport, he was an assistant linebacker and wide receiver coach at Caledonia-Mumford for two seasons. He was on head coach Mike Monacelli's 2003 state title winning squad.

Palone then spent four years as a special teams coordinator and LB/RB coach at Wayland-Cohocton. While teaching at Naples, he gained more experience as a linebacker coach and assistant defensive coordinator with Marcus Whitman.

 "I've been wanting to get an opportunity to get back to Oakfield if a position ever opened," said Palone, who will also teach elementary physical education. "This is a dream come true to give back to the school that gave so much to me."

Dowd ran the Double Wing on offense and the Hornets simply wore teams down with size on the line, allowing multiple backs to go off at will. Palone expects to change things some, but will run a very similar offense.

"We are going to keep some of the same and blend in some other concepts this year," said Palone, who recently purchased a house in Farmington with his wife of seven months, Samantha. "I don't expect to change everything. I have lots of ideas, but some coaches make the mistake of going in and changing everything."

A severe thunderstorm warning for Genesee County has been issued until 6 p.m. by the National Weather Service.

Large hail, heavy rain, damaging wind and lightning are expected. Stormy conditions could continue, with a 60 percent chance of rain expected tomorrow.

A LeRoy woman spent her 51st birthday this morning pleading guilty to criminally negligent homicide and the criminal sale of a controlled substance.

The case stems from the March 10 death of Yvonne Hart, who used a skin patch containing the narcotic Fentanyl given to her by Joann M. Rusby, of 92 Lake St.

Rusby is scheduled to be sentenced concurrently for the felonies at 9 a.m., Tuesday, Oct. 6.

She waived the right to a jury trial by the "factual admission" of the "sale" of Fentanyl to Hart. Under state law, even though the drug was given to the victim and not sold for money it is still considered a sale because the giver knew it would be used illegally by the victim.

In explaining this, Judge Robert C. Noonan asked Rusby if she gave the transdermal patch to the 53-year-old knowing Hart would apply it to herself.

"Yes, sir," Rusby said softly.

The act resulted in the "unjustifiable death" of Hart, the judge said.

Fentanyl is one of the most widely prescribed synthetic opioids used to treat chronic pain. It is a Schedule II narcotic because of its potential for abuse and is 100 times stronger than morphine.

Rusby, who shuffled into court in shackles, appeared tearful, dabbing her eyes with a tissue. She sat with her shoulders slumped and took deep breaths from time to time.

She originally was charged with third-degree criminal sale of a controlled substance, third-degree drug possession and second-degree manslaughter, which could have resulted in up to 15 years in prison.

The indictment was waived and charges were reduced under a plea deal between Rusby's Batavia attorney Thomas Burns and District Attorney Lawrence Friedman.

As a first-time offender, she faces a maximum of nine years in state prison for the drug sale and one to four years for Hart's death, which will be served concurrently.

In addition, she can be fined up to $5,000. She must pay the justice system a mandatory surcharge of $350 for her crimes, a $50 fee for processing her DNA into the criminal justice data bank, and a 10-percent surcharge of any monetary damages awarded to the victim's family in a civil suit.

After she's released from prison, she'll be on parole for two years.

She remains in Orleans County jail in lieu of $25,000 bail.

In addition, Rusby was ordered to stay away from two women in connection with the case. The one-year order of protection was issued to Jessica Dempsey and Stephanie Arnold.

The courtroom was nearly empty at the hearing, except for myself and two women sitting on the prosecution's side, whom the defendant paid no attention to.