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Rochester man seeks trial on charge stemming from Kid Rock concert

By Howard B. Owens

"I fought the law, and the law won."

Peter H. Scrooby is going to try and do what Bobby Fuller and The Clash said they couldn't do, fight the law and win.

Scrooby asked for a jury bench trial (the charge is not serious enough to warrant a jury trial) tonight in Darien Town Court on his disorderly conduct charge. Scrooby was arrested at the Kid Rock concert July 15. The Batavian featured him as one of three defendants arrested that night as part of a story about the Darien court on a concert night.

While the other two defendants featured in the story long ago accepted guilty pleas and have moved on, Scrooby isn't rolling over for the law.

The Rochester resident has retained Batavia attorney Thomas Burns, and Burns indicated his client doesn't think he did anything to warrant his arrest and the charge.

"It's very important to him," Burns said. "It's a matter of principle. Despite the fact that it's a minor charge, he's willing to invest the time and effort to let the truth be known as to what happened."

Scrooby's trial is set for Feb. 1 at 5:30 p.m. in Darien.

Election Survey -- 2009

By Howard B. Owens

We are experimenting with an online survey for the County's 2009 Election. The survey will be up until Friday evening. We will publish the results over the weekend. Please read the instructions carefully.

NOTE:  Please follow the instructions. Do not vote in multiple jurisdictions.  I just deleted half of the first 12 survey responses because people voted in every race, or, more common, both contested Legislature races.  You can't vote in both District 7 and District 8.

var PDF_surveyID = '290AD911A70E920F'; var PDF_openText = 'View Survey';

Take Survey

Town of Alabama needs to look for another supervisor

By Billie Owens

Citing personal reasons, Town of Alabama Supervisor Guy Hinkson is stepping down from his elected post.

He informed the Town Board of his decision last night, but he will continue to serve until a successor is appointed, which is the most likely scenario for filling the job. That person would need to seek reelection next fall in order to remain as supervisor.

There was nothing political about his decision, he said.

"I've been going through some personal difficulties," Hinkson said tonight. "The apartment I was in had a fire. I had to find another place to live that night. I moved out of town (to his mother's house in Bergen). I fully intended to complete my term and stay in Alabama."

The fire occurred Aug. 29.

"I really don't want to have to resign," he said. "I've put a lot of work into the issues that will be coming before the board in the next year. But it looks like I'm going to be living (in Bergen) awhile. Life is what it is and you deal with it."

Specifically, he was looking forward to working with colleagues on the proposed wind-power project and the development of an advanced technology park.

Hinkson is a conservative Republican. He had two years left as supervisor.

Molino makes pitch for improving neighborhoods through community engagement

By Howard B. Owens

Neighbors need to start talking with each other more, said City Manager Jason Molino during Monday night's City Council meeting.

Molino was giving the council an update on the work of the Neighborhood Improvement Committee, which previously brought forward programs for additional enforcement of yard clean up and property improvements.

There's a three-pronged approach to neighborhood improvement the city should pursue, Molino said:

  • Compliance with property standards use and regulations
  • Community Development Block Grants to help low-income property owners fix up and maintain their houses
  • And community engagement.

Here's Molino's full comment from last night on the community aspect of neighborhood improvement:

We’ve had some preliminary talks about how we can also facilitate the possibility, facilitate neighbors getting out and communicating more with each other, whether through national night out types of events, where you’re getting neighborhoods, blocks, streets out so that they’re socializing and communicating with their neighbors.

A good question to ask is, "Do we know 50 percent of the neighbors around us?” If you don’t, why not?

Those types of things are really going to be the crux of improving what you want to improve in terms of neighborhoods. You want to get neighbors communicating with each other, creating a dependent neighborhood where people look out for each other, they communicate, they talk, because if you’ve got undesirables that want to relocate into the area, they’re not going to want to come to a neighborhood or a street where neighbors are looking out for each other, neighbors are talking, neighbors have good relationships with law enforcement in the city to be able to report problems. That’s going to deter them from coming to that neighborhood, if  they’re non-desirables, so to speak.

It’s going to help with a little bit more pride, a little more esprit de corps. People are going to want to talk with each other, to communicate, to bring a little more of that sense of community back.

We’ve seen a little bit of a down spiral, and I don’t think Batavia is uncommon. It’s like a lot of communities. People are not volunteering as much, people are not familiar with their neighborhoods anymore. I think we want to try and bring that back. The way we want to do that is working with some of the departments, getting into select neighborhoods -- each is going to be different -- getting the people on the streets communicating with each other and talking with each other. Those are the types of things that I think are really going to make a difference in the long term.

I told Jason after the meeting that his little speech sounded a lot like something I might say on The Batavian. So many community problems can be solved just through a higher ratio of social connectedness. Communities with higher connectedness have less crime, better graduation rates, higher average income, less disparity between high- and low-income wage earners, better physical health, lower infant-mortality rates and lower teen-pregnancy rates. 

I recommended to Jason a book you've seen me mention before: Bowling Alone, by Robert Putnam. Putnam's work (Putnam is a sociologist) pretty much backs up everything Molino said.

Talk of garbage and how to pay for it continues in city

By Howard B. Owens

More chatter about trash in council chambers last night.

The city continues to wrestle with garbage. Who should pay for its removal and how much?

City Manager Jason Molino, responding to a council request a few weeks ago, presented a report on what 11 other municipalities do, ranging from no garbage pick up to pay-per-bag formulas.

In the end, the council decided, more or less, to have Molino come back with more information. Molino said staff is working on presenting information on models like the one currently employed in Orleans County (per parcel) and a unit-by-unit fee model.

Council President Charlie Mallow asked what's wrong with the current system. Currently, the cost of garbage collection is wrapped into the city's property-tax rate and accounts for about 7 percent of the bill.

One concern, raised by Councilman Sam Barone and others, is that tax-exempt properties (possibly up to 24 percent of parcels in the city) aren't paying for garbage collection, though they benefit from the service.

"I’d like to expand it. I’d like to see leaves picked up," Mallow said. "It seems like a good service now, I don’t see why you would change it. If anything, I hear from elderly people who can’t get rid of their leaves and twigs now. They don’t have a car and have no way to get rid of it."

Mallow also pointed out that by including garbage collection as part of property taxes, the money can be deducted from the homeowner's Federal incomes taxes. Going to a fee-based system would end the tax deduction.

Councilwoman Marriane Clattenburg said she thought the payment method currently in use is fine, but asked Molino to look further into the new system in Auburn. It's like Batavia's, but that city recently added an opt-out/fee system for tax-exempt properties. In Auburn, nonprofits can opt-out of the service, but if they continue to use it, they must pay for it.

She said she was concerned about changes that might lead to higher garbage costs for lower-income families.

“It’s not just the $200,000 house, you also have to think about the million-dollar piece of property," Clattenburg said. "Now you cut their taxes 7 percent, where do you distribute that cost to? Back to the person that’s living in $50,000 house. So to me, that’s the problem with this kind of thing and that’s what I’d be looking at – how that adjusts and how it makes everyone’s cost go up.”

Molino will report back to the council with a narrowed list of alternatives at a future council meeting.

Little town in Rhode Island creates own health care system

By Howard B. Owens

In the little town of Scituate, Rhode Island, everyone has primary health coverage -- even the people who can't afford health insurance.

No, Scituate hasn't become an experiment in some single-payer scheme. People in the town banded together and figured out how to make it happen.

The people of Scituate, Rhode Island did it themselves.

No, we don’t give away health insurance – that’s too darn expensive. Instead, we make sure everyone who lives here has primary care (which only costs $25 a month). By coupling together grants, and a little money from the town, and doing bake sales and walk-a-thons, something called the Scituate Health Alliance decided, 10 years ago that we could fix the health care system ourselves – or, more accurately, build one from scratch — by providing primary care medical for everyone in town who doesn’t have insurance. (We also do flu shots for anyone in town who wants one and organize prenatal classes for anyone who is pregnant.)

While the effort isn't without taxpayer support (read, grants and money from the town), it does show how a community can come together to provide a service.

Former ambulance will be converted to light-rescue vehicle for fire department

By Howard B. Owens

Fire Chief Ralph Hyde will get his light-rescue vehicle, and it's the one he's requested during at least three City Council meetings now.

After a 20-minute discussion at last night's council meeting, the council sort of collectively shrugged and said, "go ahead."

At the end of the discussion, after saying Hyde has "our blessing," Council President Charlie Mallow motioned his hands like a priest, which drew a laugh.

Hyde has sought permission to convert one of the former ambulances -- the newest one, bought within the past year with a state grant -- into a vehicle that could carry additional rescue equipment that doesn't fit on either Ladder 15 or Engine 12.

Council members dithered, asking him to justify the need for the ambulance as a rescue vehicle. Then they asked him to research the option of selling the ambulance and purchasing a new truck, since the ambulance already has 50,000 miles on it.

Hyde's report Monday night put the cost at a new vehicle at between $65,000 and $189,000.

"It would take a $1,000 to convert it, so it’s far cheaper than going out and getting a new vehicle," Hyde said. "And It’s something that we’ve needed for many years."

Previously, Hyde's argument for the ambulance didn't include using some space inside the vehicle to give people displaced from their homes by fire a place to stay warm.

"In the past, we've had people have to wait outside for 30 minutes to an hour, and had to send firefighters in to retrieve shoes and jackets," Hyde said.

The table and benches inside could also serve as a convenient place to interview fire witnesses.

Councilman Bob Bialkowski complained that he thought the purpose of getting rid of the ambulance service was to save money and he expected all six of the city's ambulances to be sold. Mallow pointed out that previously, the council resolution only authorized the sale of the five older ambulances.

A vote was not required on the decision to convert the ambulance into a light-rescue vehicle since the city owns it and it's already assigned to the Fire Department.

Police Beat: Man allegedly found driving stolen Caravan

By Howard B. Owens

Kyle Christopher Monroe, 20, of 4036 W. Main St. Road, Batavia, is charged with criminal possession of stolen property in the 4th degree and criminal possession of stolen property in the 5th degree. Deputy Sanfratello stopped Monroe for allegedly operating his car without headlights on Route 63 in front of Tops Market at 12:30 a.m. on Oct. 24. The vehicle was a 1997 Dodge Caravan, which had been reported stolen in the City of Batavia on Oct. 21. The license plates were reportedly stolen from another vehicle parked at GCC on Oct. 22. Monroe was jailed on $5,000 bail. He was also charged with unlicensed operation, switched plates, unregistered motor vehicle, uninspected motor vehicle and operating without insurance.

Matthew Ryan Smith, 18, of 1705 Lewiston Road, Alabama, is charged with unlawful dealing with a child. Smith is accused of hosting an underage drinking party on Oct. 12 at his residence. He was arrested at 12:04 a.m. today.

A 16-year-old from Byron has been charged with unlawful possession of marijuana. She was arrested after a K-9 alert on her car while it was on Byron-Bergen High School property during a narcotic sniff sweep of the western parking lot. The arrest was made by K-9 Deputy Brian Thompson.

 

Running for Le Roy Town Council

By Jennifer Keys

My name is Jennifer Keys and I am a candidate for Town Council in Le Roy. I am running for office because I strongly believe that community involvement and public service are intrinsic responsibilities of citizens.  My husband and I chose Le Roy to raise our family for it’s unique qualities -- strong school district, beautiful picturesque village and rural values. We plan on making this community our home for many, many years to come.

I hold a Master’s degree in World History and undergraduate degrees in Psychology and Political Science.   I left my full time job as a Care Coordinator at St. Joseph’s Villa to raise my family.  I also worked at Berkshire Farms as a respite care provider and as an adjunct instructor at Monroe Community College.

My community service experience includes my membership on the Le Roy PTSO, YWCA mentor program, former PAC-TAC (Police and Citizens Against Crime) volunteer scheduler,  former Rape Crisis Counselor and a Faith Haven “Friend” to teenage and young adult women in crisis pregnancies.  I also founded a neighborhood watch organization in the Swillburg neighborhood in Rochester, where we lived for 12 years.

While communities across NY have had unique challenges because of the recession, I also see opportunities for Le Roy and Western NY.  My issues include: economic development, where I see the empty storefronts and hope that we can attract locally owned businesses, “Green” energy integration, recreation (and particularly mitigating the Le Roy municipal pool to a conclusion that satisfies the community’s needs), and of course most of all, listening to the concerns of Le Roy citizens.  I feel that I can also bring budget and fiscal sound policies to the table.

The key to good government is an open dialog with the citizens.  If elected, I will make that a priority.

The Batavian went off line for a time this morning

By Howard B. Owens

The Batavian was essentially off line from about 8:30  to 9:15 a.m.

Our hosting provider was the target of a "denial of service" attack. A DOS is the result of some malevolent person(s) sending a large amount of random data to a server, preventing legitimate traffic from accessing that server. 

The Batavian is part of a shared hosting environment, so any site in that environment could have been the target of that attack.

Our provider worked quickly to block the attack and return service back to normal. We haven't received official confirmation from the provider that everything is OK, but the site seems to be operating fine at the moment. Hopefully, this attack will cause no further problems.

We apologize for any inconvenience.

Today's Deals: Delavan's, Adam Miller, Great Kutz, T.F. Brown's and more

By Howard B. Owens

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.

Adam Miller Toy & Bicycles, 8 Center St., Batavia, NY: 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.

Great Kutz, in the Valu Plaza, 4152 W. Main St. Road, Batavia, NY: Great Kutz is Batavia's newest full-service hair salon. Women, try Great Kutz for a haircut at the incredibly low price of $7, exclusive offer from to The Batavian. (gift card can be applied toward other services, but not products).

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.

Main St. Pizza Company, 206 E. Main St., Batavia, NY: Pizza, wings, subs and even hamburgers and hot dogs, Main St. Pizza makes everything deliciously. We have a $25 gift certificate for $12.50.

Kravings, Valu Plaza, W. Main Street, Batavia, NY: Recently opened, it offers soups, salads and sandwiches, fresh and flavorful; Monday through Saturday. We have $10 gift certificates for $5.

Center Street Smoke House, 20 Center St., Batavia, NY: Authentic Southern BBQ, from ribs to brisket with all the fixin's. We have a $25 gift card 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

Treats and prayers for 52 families

By Robin Walters

Pastor Werk of St Paul Lutheran with local kids

Honoring the Troops on Treat Day

This past Saturday Morning Care-A-Van Ministries was on State Street for their weekly grocery distribution. Groceries were given to 52 families with 174 family members. It was one of our busiest days at this location.

St. Paul Lutheran Church partners with the ministry on the last Saturday of the month and always provides for the families as well. The church held Trunk or Treat for the kids. While the moms and dads were busy getting groceries and prayers, the kids were busy getting treats from the trunks of the cars.  A special thanks to St. Paul Lutheran for an awesome morning on State Street!

What a beautiful Mermaid!

Jesus Saves!

Treats for all

Haunted House a Scary Success

By David Andersen

My children and I went to the "Haunted Barn" on Hwy 98 between Batavia and Alexander last night and had a blast!  The barn has been fully converted into a haunted house with several themed rooms and many actors to enhance the experience.  I believe it will be open next Friday and Saturday nights, and I highly recommend it!  If I say any more it will spoil the fun, so go and get scared!

Sheriff supports amendment to let inmates toil for nonprofits

By Billie Owens

The Genesee County Sheriff supports a proposed state constitutional amendment to permit inmates to work for nonprofit agencies.

Sheriff Gary Maha is asking voters to approve this as well come November.

According to the Sheriff's press release today, it was never intended that the state Constitution prevent a Sheriff from assigning inmates to a work crew at a nonprofit agency or organization. The current law prohibits the practice when an inmate is "contracted, given or sold" and dates back to at least 1898. It was probably intended to prohibit the sale of inmate labor to contractors or private parties.

Nowadays, the Sheriff's Office typically assigns inmates to work at cemeteries, libraries, service organizations, parks, playgrounds and other locations operated by nonprofits. The inmates aren't paid and are always supervised.

Current provisions in state law do not prevent inmates from working for the state or other municipality. Therefore, most people thought that inmates who volunteered for work detail could also work for nonprofits. The labor is considered part of their rehabilitation program, not a form of required or compensated labor.

But a few years ago, the state Commission of Correction -- the agency which oversees all correctional facilities in New York -- began questioning the practice of inmate labor for nonprofits and suggested that the state Constitution be clarified in this regard.

So the state Legislature passed a bill to allow county jail inmates to work for charitable organizations. Having passed the Legislature in 2007 and 2009, this issue will be on the November ballot for voter consideration.

Sheriff Maha is asking voters to approve the proposed New York constitutional amendment permitting inmates to work for nonprofits.

400 Towers Hosts Bi-Partisan Meet the Candidate Hour

By Bea McManis

Invitations were extended to all Council at Large candidates and those running for County Legislature.  No speeches but just the opportunity to listen to the concerns of seniors and to offer suggestions or promises of help.

Issues brought up, as I walked around and listened, were snow removal in front of the Bank of Castile; the fees - per apartment - for trash pickup and transportation problems for seniors that will have go to the new Med Tech building for services.

Joe Gerace, City of Batavia Repulican Committee, arrived with cider and Pauly's Pizza for the residents to enjoy.  Pies and cake were provided by the 400 Towers' Residents' Council.

Mingling with the residents were Frank Ferrando, Tim Buckley,  Julie Wallace, Phil Ricci, and Sara Burk-Balbi - all running for Council at Large.  Rose Mary Christian, Bob Radley, Hollis Upson, Chris Charvella, and Jay Grasso represented those running for County Legislature. 

The Residents' Council would like to thank all the candidates for taking time out of this busy campaign season to spend the afternoon with them.

Police Beat: Basom man jailed without bail for damaging 13 mailboxes

By Billie Owens

Justin W. Nanticoke, 21, of 7003 Council House Road, Basom, was charged with criminal mischief in the 3rd Degree (Class E felony) for allegedly intentionally damaging 13 mailboxes along Roosevelt Avenue in Batavia. The incident occurred at 12:48 a.m. on Oct. 24. Nanticoke was placed in Genesee County Jail without bail. Batavia police officer D.A. Streeter made the arrest.

Deborah Lynn McKeown, 42, of 144 State St., #3, in Batavia, was arrested on Oct. 21 by Genesee County Sheriff's deputies after she allegedly stole $500 from K-Mart where she was employed as a cashier. She was charged with petit larceny and is scheduled to be arraigned in Town of Batavia Court at 1 p.m. on Nov. 5. The case was investigated by Dep. Wescott.

Jonathan C. Howell, 27, of 23 Brentwood Drive in Chili, was charged with driving while intoxicated, operating a vehicle with a BAC of .08 or greater, driving under the influence of drugs, criminal possession of a controlled substance in the 7th Degree and unlawful possession of marijuana. The defendant was arrested by Batavia Police at 5:58 a.m. on Oct. 25 after police received a report of someone driving erratically, exiting the Thruway. Further investigation revealed the defendant had allegedly been smoking marijuana while driving. He was also allegedly found in possession of a small amount of cocaine. Batavia policer officer E.E. Bolles made the arrest.

Joshua D.R. Waitson, 22, of 156 Jackson St. in Batavia, was charged with driving while intoxicated, operating a vehicle with a BAC of .08 or greater, speeding and refusing to take a breath test. He was arrested at 2:57 a.m. on Oct. 25 in the 100 block of West Main Street after he was stopped for speeding. Batavia police officer D.J. Coffey made the arrest.

James A. Hancock, 40, of 8289 Lewiston Road in Batavia, was charged with criminal trespass in the 2nd Degree, harassment in the 2nd Degree, endangering the welfare of a child and resisting arrest following an incident at a residence on South Main Street. The defendant was arrested after he allegedly refused to leave a residence when asked repeatedly to do so by the homeowner. He then allegedly pushed the homeowner's 12-year-old son and struggled with police when being placed under arrest. He is in Genesee County Jail in lieu of $1,500 bail. The investigating officer was E.M. Hill.

In the same incident involving James Hancock, Travis A. Weatherbee, 22, and Woodrow C. Horseman, 33, both of 3 Lewis Place, Batavia, were charged with criminal trespass in the 2nd Degree and resisting arrest. They were arrested after refusing to leave a residence when asked and then struggling with police while being placed under arrest. They were placed in Genesee County Jail in lieu of $1,500 bail each. The investigating officer was C.A. Camp.

Cody R. Moore, 20, of 5204 Ellicott St. Road in Batavia, was charged with possession of a forged instrument in the 2nd Degree (Class D felony) and petit larceny at 11:53 a.m. on Oct. 24. He was arrested at 10 W. Main St. in Batavia on an outstanding warrant for an incident which occurred Oct. 13. That's when he allegedly attempted to cash a forged check at the Bank of Castile. Moore was placed in Genesee County Jail without bail. Batavia police officer S.D. Mullen made the arrest.

Keith G. Holland, 30, of 18 Montclair Ave. in Batavia, was charged with petit larceny after he allegedly borrowed a cell phone from an individual and failed to return it as promised. He was arrested at 5:40 p.m. on Oct. 25 at his home and placed in Genesee County Jail in lieu of $1,000 bail. The arresting Batavia police officer was K.M. DeFelice.

Antwon Tyrell Maddox, 20, of 970 S. Clinton St., #1, in Rochester, was charged with criminal trespass in the 3rd Degree after he was found at College Village after previously being banned from there. The incident occurred at 1:42 a.m. on Oct. 25 at 8170 Batavia Stafford Townline Road. He was issued an appearance ticket to be in Batavia Town Court at a later date. Dep. Bordonaro and Dep. Carlson handled the matter.

Jordan David Henry, 20, of 10 Dellinger Ave., Batavia, was charged with criminal trespass in the 3rd Degree after he was found at College Village after previously being banned from there. The incident occurred at 1 a.m. on Oct. 24 at 8170 Batavia Stafford Townline Road. He was issued an appearance ticket to be in Batavia Town Court at a later date. Dep. Carlson handled the case.

Jason Allen Colmenero, 22, of 52 Columbia Ave., Batavia, was charged with criminal contempt in the 1st Degree, endangering the welfare of a child, menacing in the 3rd Degree and petit larceny. He was arrested following a domestic incident which occurred at 8385 Lewiston Road in Batavia. Colmenero was allegedly a passenger in a vehicle along with two children. He allegedly got into an argument with the driver and threatened to grab the steering wheel. The vehicle veered off the roadway and Colmenero allegedly took the keys and refused to return them to the owner. The incident was investigated by Dep. Nati with assistance from Dep. Graff.

Jonathan C. Shirley, 27, of 7392 Sandhill Road, in Basom, was charged with driving while intoxicated, a felony, aggrevated unlicensed operation of a vehicle in the 1st Degree, a felony, and harassment in the 2nd Degree, a violation. Plus, he was charged with seven traffic infractions: failing to yield to an emergency vehicle; unregistered motor vehicle; uninsured vehicle; uninspected vehicle, moving unsafely from the lane; failure to submit to a breath test; and unlicensed operation of a motor vehicle. The incident occurred at 1:06 a.m. on Oct. 23 when Shirley was allegedly found driving erratically on Bloomingdale Road in the Town of Alabama. This was allegedly after leaving the scene of a domestic incident earlier on Council House Road. State Police and Genesee County Sheriff's officers initiated a pursuit after he allegedly failed to stop for police and drove off the roadway, fleeing on foot. Shirley was apprehended after a brief foot pursuit. Dep. Christopher A. Parker investigated the incident and he was assisted by Dep. Jason E. Saile and Troopers William Franz and Brian Pritchett.

Joshua Lee Kinney, 18, of 4571 S. Gravel Road in Shelby, has been charged with criminal mischief in the 4th Degree as the result of an incident which occurred June 12. He is alleged to have broken a window in a structure when he and a friend were "on a mission to find alcoholic beverages." He is scheduled to be arraigned in Darien Town Court at 9:30 a.m. on Nov. 18. The report about the charge was sent out Oct. 23. The incident was investigated by Dep. Ferrando.

Elcon owner says he needs embezzler's help to work computer accounting system

By Howard B. Owens

Paul Ryan Tenney, 39, who admitted to embezzling more than $106,000 from his employer, Elcon, Inc., will avoid jail time for a bit longer.

Judge Robert Noonan postponed Tenney's sentencing, scheduled for this morning, at the request of Tenney's attorney Gary Horton because of inaccuracies in Tenney's pre-sentencing report.

Tenney is currently out of jail on released supervision, but he allegedly has violated the terms of his release and Noonan was inclined to put Tenney back in jail today. The owner of Elcon, however, asked that Tenney not be locked up just yet.

Edmend Leising says Tenney is currently the only person who knows how the computerized accounting system works. Right now, Leising said, he can't even bill customers without Tenney's help.

"I've taken a lot of grief for keeping Ryan around since we found out about the theft, but only Ryan knows how to run it," Leising told court.

Noonan is allowing Tenney to stay out of jail to help Leising learn the computer system, but there won't be any leeway for Tenney to do much else.

"We'll briefly adjourn sentencing for that purpose, but if the defendant isn’t making a good effort in that regard, or he violates any other terms of his ROS, a warrant will be issued for his arrest," Noonan said.

Tenney promised to follow through and help Leising immediately.

Leising had asked to address the court prior to Tenney's sentencing. He said the theft did a lot of damage to his business and Elcon is barely hanging on.

He said he had to raise $70,000 to keep the business afloat, from taking money from his retirement account, to taking out a second mortgage on his house and borrowing $14,000 from his mother-in-law.

"Elcon is in horrible shape right now -- the only reason we’re still in business is because I’m not bright enough to pull the plug," Leising said. "It's the only thing I know how to do."

Tenney reportedly has failed to keep appointments for interviews with Genesee Justice and has allegedly not secured a substance-abuse evaluation.

Leising told Noonan that he was surprised to learn that Tenney wasn't keeping his appointments, and hopes Tenney gets the drug treatment he needs.

"I know he has a drug problem, so it's important he's tested on regular basis," Leising said. "If that problem isn’t solved with this guy, nothing will ever be solved. He’ll be a burden on humanity forever."

Tenney was arrested in early June for reportedly forging checks and falsifying business records.

Exhaust-system alarm sounds at Jerome Center

By Howard B. Owens

An exhaust-system alarm is sounding on the sixth floor of the Jerome Center, 16 Bank St. and City Fire is responding.

Engine 12 and Ladder 15 are on scene.

Deer hit by car in city, dies on Jackson Street

By Howard B. Owens

An eight-point buck dropped dead in the parking lot of Jackson Street this morning.

I was in court and didn't hear the scanner (or see it), but Dan Fischer of WBTA said he was sitting in his studio when he saw a deer trot past Main & Center. 

The buck headed west, turned left on Jackson and then collapsed.

Apparently, it had been struck by a car previously.

It was one of two deer spotted in the city this morning.

Fisher said a hunter came by, tagged it and hauled the buck away.

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