Joshua John King, 21, of 42 Genesee St., Attica, is charged with harassment, 2nd. King is accused of using his account on Facebook to send threatening messages to another Facebook member.

William D. Hirsch III, 23, of 11025 Buckman Road, Bethany, is charged with burglary, 2nd, criminal contempt, 1st, and stalking, 4th. Hirsch is accused of showing up at the house of a protected person and entering and staying without permission with the intent to stalk that person. He's also accused of sending text messages to that person, whom he was ordered not to contact. He allegedly caused that person to fear for his or her safety. He was jailed on $10,000 bail.

Philip M. Niccloy, 23 of 75 Summit St., Le Roy, is charged assault, 2nd. Niccloy allegedly punched another person in the face, causing extended pain, numbness and diminished eye sight and multiple fractions of the victim's facial bones. He was jailed on $2,000 bail.

Andre Leigh Little, 21, of Ham Road, Alabama, is charged with petit larceny. Little allegedly stole three pre-paid phone cards from the TA Travel Plaza.

Jasmine Lynn Oliver, 20, of Water Street, Attica, is charged with petit larceny. Oliver was taken into custody on a bench warrant out of Niagara County.

We're starting farmers market and road-side stand season, so good fresh fruits and vegetables will be bountiful (can't wait for the sweet corn to arrive). Yesterday, the farmers market at Batavia Downs opened. Tomorrow, the downtown public market at Center and Ellicott will open.

Sandra Cassandra sells a bag of cherries to David Hiscutt.

A vehicle is reported to have struck a tree on Pearl Street near Williams Park. City fire and a BLS ambulence are responding. The driver needs to be evaluated for injuries.

UPDATE (by Howard): Driver not injured, just shaken up. No further details available yet.

Somewhere in the City of Batavia a critter is stuck under something and the police are on their way to the rescue.

The cop says to dispatch he's going to help "Rocky the Racoon...the usuals can wait."

It's about priorities...when nothing more important is pending, of course.

Sorry, didn't catch the place, nor the object under which Rocky is stuck.

(Revised at 3:49 p.m.)

If the Chief Deputy Jerome Brewster -- who's been the lead investigator on the Bill Fickel murder for five years -- is going to make a case against "person of interest" Steven Patrick Rebert, it seems like he's got a lot of work ahead of him.

"In order to arrest someone, you need probable cause, you need more than a mere suspicion," Brewster said this morning. "Do we have probable cause at this point? Absolutely not."

Yesterday, in an interview with WBTA 1490, Brewster said there are some tantalizing coincidences that make Rebert a person of interest following his arrest on a double homicide charge in Jefferson County, Pa.

"There are some commonalities that would make a prudent person go, 'um, I wonder if this is something there we should be looking at,'" Brewster said.

Those commonalities might include (our own list, not from Chief Brewster):

• Rebert knew Fickel. They went to the same high school, but it is not known whether they attended it at the same time.
• The two men lived less than a mile apart in 2005 (Fickel on Burns Road, Rebert on East Shelby Road);
• Both Fickel and the homicide victims in Pennsylvania -- James and Victoria Shugar -- were shot to death;
• Pennsylvannia investigators say Rebert was doing computer searchs on the murders of the Shugars, Bill Fickel and Kevin Smith (Smith was killed in 2007 in Orleans County and Rebert is now considered a person of interest in that case as well).
• Fickel was killed with a 30-30 and Rebert reportedly told investigators in Pennsylvania that the only gun he owned was a 30-30;
• For the last five years of his life, Fickel worked as a cable installer with Time-Warner; at the time of his arrest, Rebert was a contractor for Zito Media installing fiber optics. There's no information that Rebert ever worked at TW.
• Both men enjoyed hunting.

Those commonalities are mostly coincidences that certainly don't tie Rebert to the Fickel murder. The two most intriguing coincidences are that Rebert knew Fickel and that Fickel was reportedly doing internet news searches on the Fickel murder.

Knowing somebody, however, isn't a crime, and Rebert could simply have been checking for an update on the death of somebody he knew (though reports indicate Rebert was pretty obessively seeking out news reports on the Shugar murders).

Coincidences, also, don't establish probable cause. There also needs to be evidence.

Such as the DNA found at the scene of the Fickel murder. It's DNA that doesn't match Fickel, and no match has ever been found in the national criminal database.

Pennsylvania State Police will likely obtain a sample of Rebert's DNA, and if it matches the sample Brewster has tagged as evidence, it would likely place Rebert at the scene the night of the murder.

But putting Rebert at the scene, Brewster was quick to point out, doesn't mean Rebert is the killer.

"A match itself is not probable cause," Brewster said. "Just putting you at the scene doesn't mean you where the one who pulled the trigger."

Brewster has long suspected there were two people at 5820 Burns Road when Bill Fickel walked out onto his driveway at 7:55 p.m., Nov. 10, 2005, because a flatbed truck had just arrived and Bill and Lisa thought somebody was there to look at a van they had for sale.

Finding just one of those two people, even if the person identified didn't pull the trigger, would be a big break in the case.

Brewster is naturally reluctant to discuss details of other evidence that might be used in building probable cause, but it's obvious that finding the murder weapon would also be a big break in the case.

Rebert was arrested in Genesee County on June 3 on a weapons charge (he was allegedly carrying a switchblade knife).

Last Friday, Rebert waived extradition back to Pennsylvania, where he was arrested and charged with charged with two counts of criminal homicide, two counts of aggravated assault and one count of burglary.

When he waived extradition, only a mind reader would know if he realized he was going to face murder charges. The waiver affidavit charged him only with manufacturing/delivery/possession of a controlled substance and a small amount of marijuana for personal use, though he had been questioned in the murder investigation on April 25.

A motor-vehicle accident is reported on Swan Street, just off Ellicott. A male is reporting back and neck pain. City fire and Mercy EMS are responding.

Do you know any of the men in this photo? Researcher and historian Teunis Schuurman from the Netherlands is trying to identify all the men, who were aboard a plan believed to have crashed in his hometown during World War II. He believes S/Sgt. Joseph Deffner, from Batavia, is in the front row, but isn't entirely sure which man he is. He's hoping for help in identifying him as well as finding out as much information about him as possible. Teunis can be reached at teun.pats@gmail.com.

There are too many gang members in New York, in Sen. Kirsten Gillibrand's view, and she wants to do something about it.

Today, Gillibrand announced a sweeping piece of legislation that she's co-sponsoring called the Youth PROMISE Act.

The act will:

... help keep children from joining gangs and fight gang-related crime. The legislation would draw on recommendations from a broad range of community leaders and experts to develop effective policies to prevent children from joining gangs and break up existing gangs.

Specifically, communities facing the greatest youth gang and crime challenges would initiate a coordinated response from law enforcement, court services, schools, social services, health and mental-health providers, and community-service and faith-based organizations.

Gillibrand said there are 50,000 gang members in New York, including 4,000 in WNY.

The specific measures proposed in the legislation:

Arm Law Enforcement with Resources to Fight Gang Activity, Drug Crime
Senator Gillibrand is cosponsoring the Gang Abatement and Prevention Act of 2009. The legislation toughens penalties for gang-related offenses, creates High Intensity Gang Activity Areas (HIGAAs) structured to target areas where gang activity is prevalent, authorizes federal grants through the Office of Justice Programs for gang prevention and intervention, initiates a national commission to develop effective gang and crime prevention strategies, and authorizes the Attorney General to expand the Project Safe Neighborhoods Program and the Safe Streets Program.

Additionally, the legislation launches an anti-heroin media campaign to educate the public about the dangers of heroin use, and the drug’s ability to destroy lives, families and entire communities.

Restore Funding for Safe and Drug Free Schools
Senator Gillibrand is fighting to restore funding cuts to state grants administered through the Office of Safe and Drug Free Schools. Last year, the Obama Administration was forced to eliminate grants for state governments that funded anti-drug programs in local school districts – a total of $295 million annually.  

Senator Gillibrand is gathering support from senators Tom Harkin (D-IA) and Thad Cochran (R-MS), chairman and ranking member of the Labor-HHS Appropriations Subcommittee to restore this funding in the FY2011 Appropriations Bill.

Maintain Funding for Drug Free Communities Grant Program
Senator Gillibrand is also lobbying Senators Durbin and Collins to keep funding for the Drug Free Communities Grant Program for FY2011 – and fight a $9.5 million proposed funding cut for the program that provides community-based anti-drug coalitions to keep children, families and communities safe.

Fully Fund the High Intensity Drug Trafficking Area (HIDTA) Program
Senator Gillibrand is lobbying senators Dick Durbin (D-IL) and Susan Collins (R-MA), chairman and ranking member of the Appropriations Subcommittee on Financial Services and General Government, to fully fund HIDTA in FY2011 – and fight a proposed 12-percent funding cut.

The HIDTA program gives local law enforcement agencies the resources they need to mount coordinated anti-drug efforts. Last year, Senator Gillibrand worked with Senator Schumer to secure HIDTA funding to fight drug crime in Clinton, Franklin and St. Lawrence counties.

Two photos that were first published on The Batavian will represent Genesee County in a statewide contest aimed at finding photos that showcase New York's landscapes and landmarks.

The winners of the Genesee County stage of the contest were announced by County Legislature Chairwoman Mary Pat Hancock today.

The winners are "Barn Storm - LeRoy, NY" by Le Roy resident Darrick Coleman and "Old Courthouse at Sunset" by Batavia resident Howard Owens.

The Coleman photo is being submitted in the landscape category and the photo from Owens is in the landmark category.

The contest is sponsored by the New York State Association of Counties.

Genesee County received more than two dozen submissions from about 12 photographers.

For more on Coleman, here's a video Philip Anselmo made about him in 2008. For more of Darrick's photography, click here.

Chad E. Heideman, 35, of 10540 Roosevelt Highway, Lyndonville, is charged with criminal contempt. At about 1:40 a.m., Le Roy Police responded to a report that Heideman was at the residence of a woman in Le Roy. There is reportedly a order of protection in place barring Heideman from having contact with that woman. Heideman was jailed on $1,000 bail.

On a hot, humid summer Monday, the Legislature's Public Services Committee spent 15 minutes talking about keeping the snow off of county roads.

It may be June, but now is the time to plan the purchase of salt -- or sodium chloride -- to spread on winter roads.

The committee approved the purchase of rock salt from American Rock Salt out of Hampton Corners for $40.16 a ton, up 40 cents from last year.

American Rock Salt beat out the only other bidder, North American Salt Company, which bid $70.48 per ton.

None of the other four companies that were invited to bid have done so.

County Supervisor Tim Hens said the lack of bids might be due to the fact that the other companies know it will be hard to beat American Rock Salt's bid because ARS is located so close to Genesee County. Or maybe they're anticipating a lot of sales to the northeast and Washington, D.C. after the snow-heavy winter those areas endured last winter.

"We're lucky to be located where we are in terms of salt mines," Hens said.

Because it was a mild winter in Western New York, Hens said the county currently has its salt barn about one-third full, which should cut down on the amount of salt the county must  purchase this year.

The county budgeted $115,000 for rock salt this year.

When you attend a Batavia Muckdogs game at Dwyer Stadium, if you think you're there to watch a baseball game, you've missed at least 65 percent of the reason to be there on a warm summer night.

The main reason to be at Dwyer is the people the stands -- your neighbors, friends and family -- and if you don't know anybody, just start talking, you'll soon make a new friend.

Bill Kauffman writes a lovely tribute to his friend Dennis Bowler for the Front Porch Republic, St. Dennis of the Bleachers.

The home opener for the Muckdogs is Saturday.  I hope to see you there.

What Public Defender Gary Horton calls a "throw off line" in a recent court decision could create a headache for Genesee County.

New York Court of Appeals in May ruled in favor of a defendant on a case and mentioned that one of the problems with the defendant's conviction was that he wasn't given adequate representation at his initial arraignment.

It's common in upstate New York -- including Genesee County -- for defendants arrested in off-hours to be given an initial arraignment without their own attorney in court, even a public defender.

The arraignments are pretty routine -- the defendant learns the charges against him and what his rights are going forward -- but the court ruled, according to Horton, that the arraignment is a critical part of the process and defendants should have legal representation.

Horton said he's concerned that the Office of Court Administration will order that no arraignment should take place without the defendant having an attorney in court.

"I didn’t hire attorneys to be on call and basically you would have to have an attorney on call every night and on weekends," Horton told the County's Public Service Committee on Monday afternoon.

Many of the larger counties, according to Horton, have certified holding cells -- allowing the counties to keep arrestees behind bars until the normal business hours of courts and the public defender's office.

The ruling likely won't effect previous convictions, Horton said, because courts would find that a defendant's case outcome would have changed even if there had been a public defender at the initial arraignment. It would be a "harmless error," according to Horton.

My son-in-law, Jeff Bartz, grew up in Stafford and is the youth pastor at Grace Baptist Church in Batavia. An avid outdoorsman he became a good shot with a bow and arrow rather quickly. As a result, I had little doubt he would master a Hawaiian sling. But never for a moment, not in my wildest dreams did I think he would become so proficient so fast. When we started out as dive companions I was his instructor, showing him how to use mask, fins, snorkel and how to use a "sling." Two years later I was relegated to fish retriever, swimming to the bottom to collect fish he'd speared. And I didn't mind one bit, knowing there would be fresh fish on the dining table. But spearing fish on coral reefs a mile or more offshore can be a bit hairy at times as fresh kills often meant predatory species came cruising.

This barracuda provided plenty of thrills - from the moment Jeff speared it until we put it in the boat. After cartwheeling all over the place, the "cuda" died on the bottom in thirty plus feet of water. A few minuters later I hit a nice sized margate that took off into the coral maze with my spear. We were treading water when Jeff said, "There's a shark." Now short of breath I asked "Where?" "Right there" he said, motioning below us. I peered into the water and sure enough, maybe twelve or fifteen feet below us, a gray reef shark came swimming toward the coral, its tail sweeping back and forth, its head swinging from side to side. Anything but oblivious to our presence, the shark paid us no mind and was probably homing in on the wounded margate. 

  Our spearfishing expeditions lasted long enough to gather the evening dinner. We made sure there was plenty of time for family recreational diving. In photo above one of my grandson's has spotted something.

  Turns out to be a sea biscuit. Only 8 years old at the time of photo, he's become quite adept in the water.

  Four year old Michael had no qualms about the ocean. 

But the little guy wasn't quite ready to take the plunge.

A school of striped grunts mingle with a lone tang and a blue parrot fish.

A "stoplight" parrot fish.

Spiny lobsters have no claws....still great eating.

Mutton snapper also provide excellent table fare.

This is a porcupine fish - covered with spines and not good eating!

Upside down porcupine fish!

Reg Sweeting grew up on Man 'O War Cay where he still resides. He works the stone crab and lobster boats in season. Here he's about to take a hatchet to a conch and release vacuum inside.

Having broken the seal he applies the knife....

and its conch fritters for dinner....

along with some grouper!

The Man 'O War cemetery. Jeff refers to this pic as "the hope of heaven in the Bahamas." 

Sunset over Marsh Harbour.

Jane LaWall, above, attended the flag burning ceremony at the Batavia American Legion this afternoon to honor her late brother George Fry, who was killed in action in Vietnam in 1969. Also participating in the Flag Day ceremony were Ron Konieczny and Paul LaValley, as well as (in pictures below, after the jump), John and Karen Bannister, Jim Neider and Kristen Sikora.

Leadership Genesee was at Terry Hills today for a golf tournament and a bocce ball tournament. Above Sara Mattingly tosses a bocce ball while competitor Susie Boyce behind her roots against her effort.

Three more pictures after the jump:

The two teams competing for the short time I was there were comprised of, from left, Susie Boyce, Jane Scott, Gwen Wuest, Marie Nettnin, Lorie Stupp and Sara Mattingly.

A general fire alarm has sounded at Allens, Inc., the food processing plant on Stevens Street in Oakfield.

The facility was the site of an ammonia leak on Saturday.

The building is being evacuated.

The alarm company tells Genesee dispatch that they don't know what caused the alarm.

An assistant fire chief is on scene. He reports nothing showing. The building is evacuated.

UPDATE 2:24 p.m.: Oakfield Fire has cleared the scene. Back in service.

View Larger Map

A passenger was injured in a two-car crash at 7:30 p.m., Sunday in Darien.

One driver was cited for failure to yield right-of-way.

Cited was a 17-year-old from Alden who was reportedly heading north on County Line Road and stopped at the stop sign before allegedly proceeding.

Driving west on Route 20 was Ronald P. Pfeil, 52, of West Seneca. His passenger, 48-year-old Barbara Pfeil, was transported to Erie County Medical Center.

The 17-year-old, nor her 11-year-old passenger, nor Ronald Pfeil were injured.