Statements made by a former Le Roy Fire Department chief can be used at his potential trial on nine counts of misappropriating fund from the department.

Stephen C. Smith, who served four years as chief and four as an assistant chief, was in court today for a pretrial hearing on a motion by his attorney, Thomas Burns, to suppress the statements as improperly obtained.

Judge Robert Noonan ruled that Smith did know he was talking with a police detective during his initial questioning and that once he was placed in custody and asked more questions, he had been read his Miranda warnings.

Smith is accused of misusing a department credit card, putting a personal cell phone on the department's mobile phone account and filling his personal vehicle with department gas.

The charges filed against Smith:

• Tampering with public records in the first degree: Smith is accused of altering an invoice for $896.49.
• Tampering with public records in first degree: Smith is accused of creating a false receipt in the amount of $390.
• Defrauding the government: Smith is accused of unlawful use of a government credit card, placing a personal cell phone on the account of the Le Roy Fire District, filing fraudulent records and stealing gasoline.
• Forgery in the second degree: Smith is accused of altering an invoice for $896.49.
• Forgery in the second degree: Smith is accused of creating a false receipt in the amount of $390.
• Falsifying business records in the first degree: Smith is accused of creating a false receipt in the amount of $390 in order to get the fire district to pay for personal purchases.
• Falsifying business records in the first degree: Smith is accused of altering an invoice for $896.49 in order to get the fire district to pay for personal purchases.
• Grand larceny in the fourth degree:  Smith is accused of unlawful use of a government credit card, placing a personal cell phone on the account of the Le Roy Fire District, filing fraudulent records and stealing gasoline.
• Official misconduct: Smith is accused of unlawful use of a government credit card, placing a personal cell phone on the account of the Le Roy Fire District, filing fraudulent records and stealing gasoline.

Expect a hard-hitting game this Saturday afternoon in Alexander when the Trojans take on the Hornets at 1:30. The teams have matching records at 1-1 so far this season, so it's safe to say they each have something to prove.

"Expect a better performance from us this week. We need to protect the ball better and cut down our turnovers," said Brian Palone, coach for the Oakfield Hornets.

Palone doesn't consider his team a "big" team. "We're a faster team."

Running backs Jason Stanley and Osman Citkli should be the ones to keep your eyes on for the Hornets in Alexander.

The Trojans' offense has the most points in the league so far this season, so it's no surprise that the Hornets coach has his team working especially hard this week.

The Trojans run a double-wing offense - a system based on misdirection and mechanical advantages. Senior Zack Burke will take the helm for the Trojans behind a powerful line.

"Zack understands and runs the offense very well with its misdirection and hidden plays behind our big guys," said Coach Dave Radley of his starting QB. "It should be a good game because Oakfield will come out ready to play."

Both coaches hope many fans will turn out for the game this Saturday afternoon to cheer on their teams and to show support for the football programs.

UPDATE: The victim has been identified by Batavia Police as Gary Horner, 58.

Original post:

Officials are still trying to contact the family of a man killed in a 3 a.m. fire on Dellinger Avenue.

His name has not yet been officially released.

The initial call of the fire came in at 3:08 a.m. when a passerby reported hearing firm alarms and could smell smoke.

Firefighters arrived at 5 Dellinger Ave. at 3:10 a.m.

Firefighters performed an initial search of the second floor apartment and found a male occupant in the bedroom.  He had apparently succumbed to injuries by the time he was found.

Four occupants of the lower apartment were evacuated safely.

WBTA interviewed one of the lower apartment residents, Ella Morrison (MP3).

The building is owned by David Ferry of Buffalo.

The fire caused an estimated $15,000 damage to the building and $5,000 damage to contents.

The cause remains under investigation.

Photo courtesy The Batavian's news partner, WBTA.

Previously:  Man dies in fire on Dellinger Avenue

UPDATE: We are aware that another news organization has reported the name of the victim. It is the policy of The Batavian, as well as our news partner WBTA, not to release the names of victims of fatal fires and accidents until authorities have confirmed that next-of-kin have been notified.

A Batavia teenager who admitted to raping a 15-year-old girl in his home on Feb. 16 is fortunate he can't receive a lengthier prison sentence than he received today, according to District Attorney Lawrence Friedman.

Friedman told Judge Robert Noonan prior to the sentencing of Oliver Thomas, 17, that the DA's office accepted a plea to rape in the third degree only after Thomas' friends lied about the incident and if the case went to trial, the People would have been relying primarily on the testimony of the victim.

After Thomas plead guilty to rape in the third degree, during the Genesee Justice probation investigation, Thomas admitted that he did in fact forcibly rape the girl.

Thomas was originally charged with rape in the first degree.

"He is very fortunate that he saved his admission until after his plea," Friedman said. "We would never have given him the plea and he would be facing a lengthy mandatory determinant sentence."

Judge Noonan agreed that he likely would have given Thomas the maximum sentence for what he described as a "very violent felony" against a "very young victim."

Thomas received an indeterminate sentence (meaning he can receive credit for good behavior and showing he's been rehabilitated) of one-and-a-third to four years in state prison.

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

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.

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 Pilates session (one class per week), which is a value of $56, for $28.

Delavan's Restaurant and Tavern, 107 Evans St., Batavia, N.Y.: 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.

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

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

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One man is dead after a fire and smoke swept through a second-floor apartment bedroom early this morning on Dellinger Avenue.

A passing motorist called 9-1-1 after hearing the smoke detectors at about 3:00 a.m.

The name of the victim has not yet been released.

No other people were in the apartment.

The occupants of the first-floor apartment escaped safely.

The last fatal fire in the City was three years ago yesterday.

Further details coming soon.

Councilman Bill Cox, with the help of Councilwoman Rose Mary Christian, last night held a second meeting on the proposed Batavia City School Districts plans for a sports complex at the end of North Street.

The purpose of the meeting was to rally continued support against the plan and to lay out a plan of action to be taken, which includes:

Encouraging people to contact all of the members of the Board of Education and tell them they do not support this plan.

Encourage people to attend the Oct. 6th Board of Education meeting on the sports complex to voice their opposition.

Campaigning against School Board members running for re-election who support this plan.

There's something out of whack with the market for dairy products -- the price of production continues to go up, while the price dairy farmers get for their milk remains at historic lows, but for the rest of us -- us consumers -- we're paying just as much as ever for milk and cheese.

Somebody's making a lot of money off the hard work of Genesee County's dairies, but it's not the farmers nor their workers.

In fact, some of them are facing the devastating loss of their businesses.

"The price of milk since January has been very low, to the point that we’re going to lose about $300,000," said Le Roy dairy farmer Dale Stein during a dairy rally at his farm called by Assemblyman Steve Hawley. "We anticipated through September that it would be low, but the price has still not come back up in September and now they’re looking at March, so we’re borrowing another large set of money to get through until March. The problem is now, there are many farmers who can’t get any more credit due to the large size of their loss. We’re able to borrow money, but we’re here today because of so many farmers who can’t."

Hawley and Assemblyman Cliff Crouch (R,I-Guilford) are calling on Gov. David Paterson to release more than $150 million in state funds (half this year and half next) to assist the state's family-owned dairy farmers. They're also calling on Washington lawmakers to change the price-setting mechanism and supports for dairy products.

Crouch believes the money should come either from unspent funds from around the state or from federal stimulus money, but state officials are saying the federal government won't allow ARRA money to be used to help dairy farmers.

"I think where there's a will there's a way," Crouch said. "We've seen different incidents where stimulus money has gone out and we've really raised our eyebrows and can't understand why it got spent in that direction. And here's an industry that's here and it's going to be closing down if we don't do something to help it. For every dollar that's spent on a New York dairy farm, between $3 and $7 goes back into the local economy. If that isn't economic stimulus, than I don't know what is."

Recently, ARRA money went to a Catholic charity in Buffalo, and Gov. Paterson also authorized a $200 payment per child for needy families to help with school supplies, using ARRA funds.

Crouch said that it's time for Gov. Paterson to step up and offer assistance to the state's dairy farmers -- even if it's not the $75 million they seek this year, Paterson should at least be in Washington lobbying for his state's dairy farmers.

Photos: Top, Dale Stein speaks during the rally. Bottom, Lori Hawkins, an unemployed milker, showed up at the rally to let it be known she is looking for dairy work.

A man with multiple felony convictions who is accused of breaking into a State Street home and stealing several items while an elderly woman slept, won't get out on bail or bond any time soon.

Judge Robert Noonan denied a defense request to release Reginald M. Wilson, of 283 Seneca Manor Drive, Rochester, on $10,000 bond.

Wilson's sister was apparently ready to post bond, using her house as collateral.

"You're asking me to presume that a defendant facing a life-in-prison sentence because he's a persistent felon would care about his sister's $10,000?" Noonan said.

At which point, Wilson sat up straight in his chair and said, "Yes."

"That's a stretch," Noonan said, and Wilson slumped back in his chair.

Noonan noted that Wilson has 30 prior arrests, 12 convictions and 6 felonies on his record.

Two of his convictions led to state prison time, which means a third such felony conviction -- which Wilson is facing now -- means a life sentence.

A man accused of attempting to break into a Graham Manufacturing building on Aug. 14 plead guilty today to attempted burglary.

There are apparently other unindicted co-conspirators, District Attorney Lawrence Friedman indicated in court, and Robert S. Douglas of Batavia will be expected to testify against them if they ever come to trial.

In exchange for his guilty plea and promise to testify, Douglas could receive a prison sentence of only one-and-a-half to three years.

Douglas, who has a prior felony DWI conviction and appeared in court in chains and the orange prison garb of the Genesee County Jail, was scheduled to be released following his guilty plea under supervision of Genesee Justice with a curfew of 7 p.m. to 7 a.m.  He is married and has a child.

The Batavia Police Department has not previously released information on break-ins at the Graham building. Yet there is some hint from the court proceedings today, that there was more than one break-in that Douglas and possible cohorts were involved in. In addition, news of Douglas' arrest previously was not released (at least, at the moment, I can't find any record of any such release).

A Buffalo man suspected of tricking a woman out of $2,000 at Tonawanda Valley Federal Credit Union heard Judge Robert Noonan dismiss two of his attorney's key motions this afternoon.

The witness identification and his reportedly self-incriminating remarks following his arrest can be used at the possible trial of 69-year-old Yusuf A. Hassem,  a.k.a. Louis L. Reed, Judge Noonan ruled.

Defense Attorney Fred Rarik tried to argue that the photo array used by the victim to identify Hassem was flawed because Hassem was described as a well-dressed man at the time of his alleged crime, and in the array Hassem is the only possible suspect not well dressed. That made Hassem stand out more, Rarik argued.

Rarik said the photo array was "the most suggestive I've ever seen," and he accused police of leading the witness to understand the suspect was bald, wearing glasses and jewelry was like building "a Mr. Potato Head."

Rarik also asserted that police investigators did not properly read Hassem his rights.

Judge Noonan said the fact is that none of the six mug shots used in the array matched each other, so the witness was not necessarily guided toward a particular answer. The photo array itself wouldn't be admissible anyway, Noonan said, but the witness identification would be admissible.

Further, none of Hassem's potentially incriminating statements were made before Hassem was read his rights and told he was under arrest.

Hassem has been offered a plea deal, according to District Attorney Lawrence Friedman, that would have him serving only one-and-a-half to three years. If he doesn't accept the plea before Dec. 1, Hassem will go on trial Feb. 1.

Hassem first made the pages of The Batavian after police released a surveillance camera photo of him from Tonawanda and I noted that he was the same man I saw earlier that day in the parking lot behind Alberty Drug's.

An Elba man is in critical condition at Strong Memorial Hospital following a single-vehicle motorcycle accident on Swamp Road in Byron this afternoon.

Thomas M. Legler, 49, was reportedly not wearing a DOT-approved helmet when he apparently lost control of his bike around 3:34 p.m..

The initial investigation indicates that Legler was westbound on Swamp Road when he failed to navigate a sharp turn in the roadway. His 2003 Harley Davidson crossed the double-yellow line and then skidded on its side, exiting the roadway on the south shoulder. Legler was ejected from the motorcycle.

There were no passengers.

Speed is believed to be the primary factor in the accident. Alcohol is not considered a factor.

Legler was transported to Strong via Mercy Flight.

The investigation is ongoing and being handled by Deputy Butler, Sgt. Walker and Sgt. Scott of the Genesee County Sheriff's Office Crash Management Team.

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

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

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 card for $7.50.

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.

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

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.

Carlson's Studio, 39 Jackson St., Batavia, N.Y.: Family photos are more than just photographs. When you need photos for that special occasion, Carlson's is a great choice in Genesee County. We have a $100 gift card for $50 ($2 PayPal fee).

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 Pilates session (one class per week), which is a $56 value, for $28.

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

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I'm three-year-old Lewis and as you can see I'm a beagle. Is there a better dog than a Snoopy dog? I'm neutered, polite, friendly and enjoy people and dogs alike. In fact, I think all mammals are good mammals. I walk nicely on a leash and am not the demanding type. If you would like a new BFF (best friend forever), then come and get me (OK that's a demand) and the sooner the better.

They named me, get this, "Buckwheat." But what's a name -- just letters that's all. I'm a neutered male kitten with long orange and wheat-colored fur (hmm, that explains things). Unfortunately, the volunteer snapped my picture just after I stuck my paw in a light socket. Boy was that a shocker! Well, that's one down and eight lives to go. Just joking! Anyways, my fur is still kittenish and I have to grown into it, or something like that. Is your heart tugging? Can't you just sense my sweetness? Go with it. Don't overthink it. I'll be waiting for you.

Volunteers For Animals
PO Box 1621
Batavia, NY   14021
www.vol4animals.org <http://www.vol4animals.org>

Working in partnership with:
Genesee County Animal Shelter
3841 W. Main Street Road
Batavia, NY  14020
(585) 343-6410

Adoption Hours
Sunday through Friday: 1 to 3 p.m. (closed Thursdays)
Wednesday: 7 to 9 p.m.
Saturday: 11 a.m. to 1 p.m.

And don't forget to nominate your pet for Pet-of-the-Week, a new winner chosen by Pachuco every Friday. Your pet could win a $10 gift certificate from Genesee Feeds.  And remember, more kinds of pets than just dogs and cats are eligible to win.

With autumn nearly upon us, and early goose season underway, I got to thinking about the late Albert Frieday. I decided to call his son Bill.

I was still in high school when Bill’s younger brother Steve introduced me to the sport of waterfowling. We mainly hunted geese in corn lots and later I came to relish the mileu of the duck hunter. Steve entered the Marine Corp after graduation, and upon his return, we took up where we left off. Steve wasn’t home a week when we headed off in search of new places to duck hunt. Our first day of scouting for new hunting grounds resulted in a hike through tall grass that left paper cuts on our legs. In our haste to leave the grassy overgrowth we soon found ourselves   stuck thigh deep in swampy muck.  

Not long afterward I met Steve’s father and brother, Bill, also a Marine vet. It was only a matter of time before I had the opportunity to hunt with the elder Frieday, a man I had heard Steve speak of a great deal. I remember hunting with Albert on two occasions, and both times I walked on egg shells. 

Albert Frieday while serving in China.

Albert was a stern man, a no-nonsense individual not to be crossed. He grew up in Oakfield and took to the swamps and woods in his early years where he wielded both shotgun and fishing rod, becoming handy with both. In 1926 he entered the Marine Corp and in 1928 took part in the Nicaraguan “Banana Wars” and later manned a machine gun in China. After seven years he left the Corp but was drafted by the Army in ’42 after Pearl Harbor which resulted in another four year hitch.  After the war Albert and his wife Mart Catherine settled down in Batavia.

The rafters of the Frieday garage were stocked with carved duck decoys, mostly wooden but some were fashioned from cork. There were also a number of goose decoys, hip boots, and of course, Albert’s foul weather gear. Inclement weather didn’t deter him one bit, the nastier the better. “The weather didn’t bother Dad at all”, said Bill. “He liked to hunt ducks & geese in foul weather.”  One of Bill’s earliest recollections of going afield with his father was as a 12 year old, helping Albert set decoys in the pre-dawn darkness. “I was too young to hunt, but I remember carrying burlap bags filled with decoys along muddy trails while it was pitch black outside” said Bill, who along with Steve eventually became an avid waterfowler for a number of years. 

Albert was an old-school duck hunter, shown below with his Winchester Model 12.  He would pluck every duck and goose by hand, right down to the last feather. Mary Catherine Frieday would place strips of bacon over the ducks and geese prior to roasting and many a wild duck and goose dinner was enjoyed in the Frieday home. The depression era fresh in his mind, Albert made it clear that no wild game harvested was to be wasted. But there were exceptions to this rule, much to Albert's chagrin.

The Friedays had a pair of Irish Setters, Freedom and Goldie, who were mainly used for hunting upland game, but Albert would often take one of the dogs along when he hunted ducks and geese in corn lots and winter wheat fields. Prior to one such hunt, having loaded our gear into the back of Albert’s station wagon, I hopped into the back seat alongside Freedom. In the pocket of my field jacket was a pack of Twinkies and a bag of M&M’s. I tore open the Twinkie’s first and with my right hand stuffed one in my mouth. With my left hand I extended the remaining Twinkie toward Freedom who was eagerly waiting with his maw wide open, his huge tongue at the ready. The cream-filled cake was inches from his mouth when Steve and Albert boomed in unison, “DON’T GIVE HIM ANY.” At the time I didn’t realize they were thinking of the dog’s dental hygiene – I just thought they were being mean. It was late afternoon when the first flock of geese came in. They passed by at close range and Albert dropped a double. Freedom promptly ran to the fallen birds, picked one up and – headed in the opposite direction. He eventually returned but without the goose, which we never did locate. For years I figured the dog was being vindictive, as a payback for the reneged Twinkie. Only recently did Bill Frieday tell me Freedom had a habit of running off with downed waterfowl.     

I was fortunate to have known Albert Frieday, if only for a short time. He was not only an old- school outdoorsman, he was a husband, father, Marine and Army combat veteran and a great American.

Here's an email we received from the nonprofit Volunteers for Animals:

"Volunteers For Animals would like to take a moment to thank the many people in the community that help us find homes for the many cats and dogs that find their way into the Genesee County Animal Shelter. Without their kindness and support, our job would be more difficult.

The Daily News frequently prints "Post for the Paws" in the Saturday edition of the paper. It is always a large colorful ad that features a cat and a dog.

The Batavian  features a dog and a cat each week which is sponsored by Genesee Feeds. It includes a photo of each animal and a fun and witty write up. Check it out - it will put a smile on your face!

WBTA Radio  regularly announces our events and special requests on the air and on their website as a community service.

The Genesee Valley Penny Saver  has an "Adopt A Pet" page on their website and print page where we feature a cat or dog available for adoption.

Volunteers For Animals is now on Facebook. Come join us and help spread the word about getting shelter animals into great homes. We are just getting started and we needs lots of friends!

A motorcyclist has crashed on Swamp Road in Byron. He has reportedly suffered a head injury. First responder report is that he is semi-conscious.

Mercy EMS and Byron and South Byron fire departments are responding.

Mercy Flight has been dispatched.

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Ninety-plus Elbans turned out Tuesday night for a town hall meeting in the Elba Central School auditorium. The purpose of the meeting was to provide information and solicit input from the community on which services residents believe are important. 

Town Supervisor Lucine Kauffman opened the meeting by giving an overview of the tentative 2010 budget and tax rates as well as those of the previous five years. Highway Superintendent Allan Totten provided information on highway maintenance costs. Town Councilman Bill Hynes explained that the town transfer station operates at a yearly loss and asked for feedback from residents regarding its future. 

The vast majority of questions were directed at Eric Wies, an engineer with Clark Patterson Associates, and Tim Hens, Genesee County Highway Superintendent. Citizens inquired about the process of forming water districts to hook up to the Monroe County Water Supply. Wies and Hens gave an overview of the Genesee County Water Project and step-by-step details on how residents can form water districts.

Kauffman said she was pleased with the turnout. 

"We gave the town residents a lot to think about tonight. We have many important issues facing us. I'm glad we got the dialogue started, and the town board is looking forward to more participation from the residents."

Pembroke Intermediate School in Corfu is one of only 264 public schools nationwide to receive a 2009 National Blue Ribbon School award by the U.S. Department of Education.

Only two other Western New York schools received the honor.

WBTA spoke with Principal Mathew Calderon (MP3).