A potential plea deal for a man accused of taking a woman's mobile phone and punching a beagle was put on hold in County Court this morning after his attorney expressed reservations about his client's ability to comprehend the court proceedings.

Attorney Micheal Locicero said that based on a recent mental health evaluation and his own conversation with his client this morning, he's concerned that Shawn M. Twardowski is confused by the proposed plea deal.

Assistant District Attorney Robert Zickl objected to a request for a detailed mental health examination.

"There didn't appear to be an issue when the defendant was seeking a judicial diversion," Zickl said. 

After a sidebar with the two attorneys, County Court Judge Charles Zambito said he would like more information from the counselors at the Mental Health Association who examined Twardowski.

Zambito did not grant what's known as a 730 exam, which is a mental health exam aimed at determining a defendant's mental fitness to proceed with a legal case. 

"I want more information, more specifics," Zambito said.

Twardowski, 34, was arrested Jan. 26 following an incident on Bank Street where Twardowski allegedly strangled and punched a beagle and stole a woman's mobile phone, then when police arrived, barricaded himself in a bedroom. He allegedly struggled with officers once they gained access to the room.

A follow-up hearing is scheduled for 10:30 a.m., Sept. 1.

Genesee Community College’s new Student Success Center and Richard C. Call Arena are finished with construction just in time for the start of the academic year and the 50th anniversary.

The dual construction project of the new facilities began last spring, costing $25 million. Donna Rae Sutherland, the associate director of Marketing Communications, said more than $5 million was raised by the community.

“We’re very proud, grateful and pleased to have this new space available for community use, as well as student use,” Sutherland said.

The 18,478-square-foot Student Success Center is an addition of the Technology building, becoming the new “front door” of the campus.

Sutherland said the plan was to take all of the student services and bring them in a more cohesive place. The new building is home to GCC’s success coaches, staff members who are specifically trained and assigned to designated students to assist them throughout their entire academic career. These coaches assist students from the first phase of admissions, financial aid and academic advisement, through the process of earning their degrees, graduation, or helping them transfer or secure career placement.

“A few months ago, Financial Aid was in one part of the building, Admissions is across the hallway and down a little bit, the Career Services is on another floor,” Sutherland said. “We had all these student services in one building, which is great, but then you have to climb the stairs and find them. People weren’t sure where to start.”

Having offices in different parts of buildings was hampering student success, Sutherland said.

“The Student Success Center is a model that we think is going to become something other colleges may be interested in,” Sutherland said. “Maybe it will become a model for the nation.”

Now that the old space is vacated, the next step is to repurpose that space for student success and need, Sutherland said.

Shelitha Williams, the associate vice president of Student Services, said students are excited about the new center because of “the idea that their experience is now streamlined. They don’t have to go to five offices, they have seven departments now under one roof.”

The coaches will proactively introduce themselves and identify themselves as a resource to the students of GCC.

“What sets us aside is the intentional engagement, instead of reacting to students' concerns,” Williams said.

The new Richard C. Call Arena is located on the west side of the Batavia Campus and is not connected to the main building. Sutherland said the new facility is the largest, open, flexible floor space in the GLOW region. The 45,000-square-foot arena will be open to the community to rent for events, but the student need will come first.

“We talked to the people in the community and it was recognized that there’s not really a big events center,” Sutherland said.

Some of the athletics were moved into the new building, while some are in the main building. They are currently working out the logistics of being able to rent out the facility in order to make the public space available.

“We are just getting ready to open up the facilities towards other types of events,” Sutherland said. “Anything from a home show, to a tractor show, to a coin show, to all kinds of public events. Whatever a convention center might offer in Buffalo or Rochester, we will be looking for the same.”

There may be some limitations due to it being a college campus, but they are open to different events.

The first big public event in the new Richard C. Call Arena will be on Sept. 23. The Genesee Symphony Orchestra will put on a special concert with new music. The concert is free and will be open to the public. 

Photos above taken by Maria Pericozzi.

Photo above provided by Donna Rae Sutherland.

Matthew McCracken, who was babysitting a 2-year-old child at the time of the incident, and previously pled guilty in the case.

He had been charged with attempted criminal mischief, 4th, harassment, 2nd, attempted arson, 2nd, and endangering the welfare of a child, for the incident at 10 1/2 Clay St., Le Roy, the night of Dec. 24.

This is his second felony offense.

A motor-vehicle accident with injuries is reported at West Bergen Road and Clinton Street Road, Bergen.

Bergen fire and Mercy EMS dispatched.

A car and motorcycle accident is reported in the area of 668 East Main Street, Batavia.

The motorcyclist reportedly suffered an ankle injury.

The location is east of Cedar Street.

City fire and Mercy EMS responding.

The Morganville United Church of Christ in Stafford is celebrating its 200th anniversary this fall, inviting members of the community to take part in the festivities.

On Oct. 14, there will be a spaghetti dinner for the community and the 200th anniversary service will be on Oct. 22. The church is located at 8466 Morganville Road. 

“The service will go back 200 years,” Pastor James Morasco said. “We’re going to dress the part. We want to capture the time period.”

According to a history compiled by Grace Woodworth in 2003, on Oct. 20, 1817, Elders Levi Hathaway and Joseph Badger, traveling ministers, organized “The Church of God in Stafford, New York.” The church started off with 11 members, but grew to 50 in a couple months.

The church has around 70 members now. Morasco said the church is slowly growing.

“It’s a nice place to be,” Morasco said. “It’s very welcoming. People say when they come here that it’s a warm church. They feel the warmth from everybody.”

Marianne Garigen was baptized in 1952 at Morganville UCC and became a member 13 years later. Her mother was a member of the church.

“When I first started, [the church] was very active,” Garigen said. “Sunday School had 80 children. Back then, the church was your social network.”

She currently serves as the financial secretary, but has held many other positions with the church.

“I moved away for seven years and then moved back to the area,” Garigen said. “I’ve been here ever since. It’s a part of me.”

Her husband, Barry Garigen, has been a friend of the church for 45 years and recently became a member, but currently is the church moderator. He runs the quarterly and annual meetings, and serves as an ambassador for the church, speaking on behalf of the congregation.

“We got married in this church,” Barry said. “All our kids were baptized here, so it’s been a part of their lives since the beginning.”

Marianne said the future is looking better for the church, but she would like to see younger families join the church to keep it going.

“We would like to continue being a part of the community and reaching out,” Marianne said. “We want to let them know we are here and that anyone is welcome.”

The church organizes a food link once a month, serving hundreds of people. Barry said it is a way to reach out to the community.

“Anybody that needs it, gets it,” Barry said. “The volunteers from the church set up. People come through, sign in and they can help themselves to the provided food.”

Barry said people line up hours ahead of time and they are very thankful.

In celebration of 200 years, the congregation is attempting to perform 200 random acts of kindness by the end of the year. A member can do anything from welcoming a new neighbor, cook a meal for someone, or leave notes of encouragement on cars.

“It’s an opportunity to show the community that we’re here,” Morasco said.

The Morganville UCC has a Facebook page located here and Morasco said they’re currently working on a website.

After the 200th service, there will be a hymn sing at 2 p.m. with the organist, Carin Wade.  

“We have an outstanding organist who will be very entertaining for the hymn sing,” Barry said. “Music is a big part of our service here and she’s added to it.” 

A poem written by Pastor James Morasco for the 200th anniversary.

Submitted photo of musicians Marta Driscoll and John Ryan performing.

Press release:

Press release:

Save the date! Saturday, Sept.16, from 10 a.m. to 1 p.m. the Genesee County Master Gardeners will be hosting their annual Fall Garden Gala at the Cornell Cooperative Extension of Genesee County, 420 E. Main St. in Batavia.

The plant sale features hardy perennials, most which are grown by Master Gardeners, as well as house plants. A selection of locally, field-grown mums will also be for sale. Fall is a good time to plant many perennials as they will have time to grow a strong root system before winter.

Stop inside to check out the Chance Basket Auction and Silent Auction. You never know what treasures may appear, including unique garden art. The Master Gardener Helpline will also be open to answer your gardening questions. Not sure what your garden pH is? Bring in a soil sample for free soil pH testing.

Learn how to artfully arrange fresh flowers at the “Flower Arrangements from the Garden” demonstration at 11 a.m. A variety of fresh flower arrangements and bouquets, created by Master Gardeners, will also be for sale.

Don’t miss your chance to pick up some great plants and treasures for your garden! Plant sale starts promptly at 10 a.m. No early birds please. The Chance Basket Auction drawing will begin at 12:30 p.m.

For more information contact Brandie Schultz at CCE of Genesee County, (585) 343-3040, ext. 101, stop by the Extension office at 420 E. Main St. in Batavia, or visit our new CCE website http://genesee.cce.cornell.edu/gardening or Facebook page https://www.facebook.com/CCEofGenesee.

Press release:

Tompkins Insurance Agencies and The Selective Insurance Group Foundation joined forces to support the Michael Napoleone Memorial Foundation.

The Michael Napoleone Memorial Foundation was established in 2007 in memory of Michael C. Napoleone, the 8-year-old son of Mark and Laurie Napoleone from Batavia, who died from Burkitts Lymphoma/Leukemia, an aggressive form of blood cancer.

During Michael's illness, the community rallied around the family to assist with food, gas, medical bills and other necessities. The not-for-profit foundation was created to give back to those who cared, to give forward to those in need, and to support research efforts in finding a cure for childhood cancer.

“The Michael Napoleone Memorial Foundation is a special organization, and its commitment to supporting those in need in our community is inspiring,” said David S. Boyce, president and CEO, Tompkins Insurance Agencies. “We are privileged to show our support through this donation.” 

The $300 donation from Tompkins Insurance Agencies was matched by a $300 grant from The Selective Insurance Group Foundation. The Selective Insurance Group Foundation is a philanthropic affiliate of Selective Insurance Group, Inc.

“At Selective, Response is everything^®… and this includes responding to the communities where we live and work to give back and help those in need. Together with Tompkins Insurance Agencies, we are proud to support the Michael Napoleone Memorial Foundation and its efforts to make a difference in the community,” said Chuck Musilli, senior vice president, Distribution Strategies, Selective.

Press release:

Genesee County’s RSVP and AmeriCorps programs are coordinating a service project to help community members in need as a way to honor 9/11 victims and those who rose in service in response to 9/11. Non-perishable food items will be collected from Aug. 14 – 31 at the following RSVP volunteer stations, AmeriCorps host sites and County Government offices: 

• Genesee County Office for the Aging & Youth Bureau, 2 Bank St., Batavia;
• Genesee County Building I, 15 Main St., Batavia (3^rd Floor near elevator);
• Genesee County Building II, 3837 W. Main Street Road, Batavia;
• Catholic Charities, 25 Liberty St., Suite 7, Batavia;
• Gillam-Grant Community Center, 6966 W. Bergen Road, Bergen;
• Richmond Memorial Library, 19 Ross St., Batavia.

All donations will be delivered to local food pantries during the week of 9/11. 

For more information, please contact Courtney Iburi (RSVP) at 585-343-1611 or Kathy Frank (AmeriCorps) at 585-344-3960.

Genesee County Sheriff's Office Investigator Tim Wescott will lead a free public workshop at 7 p.m. Thursday, Aug. 24, on learning how to recognize and avoid scams.

It will be held at the East Pembroke Volunteer Fire Department's pavilion, which is accessible using either Main Road or Slusser Road behind the fire hall. The fire hall is located at 2663 Main Road in Corfu.

Topics to be covered include: identity theft, credit cards, telemarketing, Internet scams, and home-improvement scams.

The presentation is provided by the Sheriff's Office in conjunction with the East Pembroke Neighborhood Crime Watch.

Press release:

Due to a tremendous response from the community, the Muckdogs 2017 Youth Baseball Clinic to be held on Aug. 30th is completely filled up and registration is now closed. We will accept any mailed registration forms postmarked on or before Aug. 16th.

For those who did not sign up in time, please keep an eye out for the Muckdogs’ Youth Clinic in 2018.

A Niagara Falls man who walked into the Key Bank branch in Batavia in December wearing a Batman beanie and walked out with more than $10,000 in cash entered a guilty plea to robbery in the third degree yesterday.

Joel Zsebehazy, 33, an Iraq War vet who has a prior criminal record that includes bank robbery, will be sentenced Sept. 18.

Zsebehazy was arrested in April near Belle Rose, La., after being identified as Batavia's warrant suspect by authorities there.

A car that looks like this one (not actual picture) is missing in Le Roy. It went missing Aug. 9 during the early morning hours.

Le Roy PD is asking the public's assistance in determining its location and possibly who stole it from the East Avenue -- East Main Street area of the village. Anyone with information is asked to call (585) 345-6350.

Last week’s order by a U.S. District Judge in Kansas City, Kan., to appoint a plaintiffs’ settlement negotiating committee is an encouraging sign for New York State corn farmers who are suing Syngenta AG, a Swiss agrochemical company accused of misleading marketing tactics.

Justice John W. Lungstrum, in an Aug. 8 ruling, appointed a team of attorneys to work with Special Master of Settlement for Ellen K. Reisman “toward a fair and expeditious resolution” of several lawsuits filed against Syngenta in connection with its rollout of the Agisure Viptera corn seed in 2010.

Reisman is a partner in Reisman Karron Green LLP based in Washington, D.C.

Litigants contend that Syngenta failed to get approval from China to distribute the seed, which was found to have contained a seed trait (MIR 162 GMO) that the Chinese deemed unacceptable.

In 2013, China embargoed all U.S. corn and, as a result, corn prices declined sharply and American corn producers suffered extensive monetary losses.

Attorney M. Scott Barrett of Bloomington, Ind., who is representing farmers in the Genesee, Livingston, Orleans and Wyoming region, said the judge’s order to form a settlement negotiating committee could mean that good news is forthcoming for his clients.

“We’re hoping that this would be settled by Sept. 11 (the date that a Minnesota class trial is scheduled to begin),” said Barrett, an Albion native. “With that being said, it’s still not too late for (New York) farmers to get in. If they wait to the last minute, they possibly will be unable to participate.”

Barrett said the lawsuit is open to all corn producers who grew and sold corn for market at any time after 2012, and not just those who purchased and/or used the Syngenta seed.

He and attorneys Conrad Cropsey, of Albion, Ken Walsh, of Mount Kisco, and John Jernigan, of Brewton, Ala., are representing New York farmers. Jernigan and Barrett were in the area last week, meeting with some of their clients.

One of those is Joe Tuchrello, of Tuchrello Farms in Livingston County, a longtime farmer of various crops, including potatoes, soybeans and corn.

“I’m not crazy about losing $100,000 a year,” said Tuchrello, who at 83 years of age continues to work every day. “Whatever we can get will be a godsend.”

“I have never seen the likes of what we have gone through,” he said, noting that the price of corn dropped from around $8 per bushel to $3.50.

Syngenta was acquired by China National Chemical Corp. in June for $43 billion.

Lawyers for Syngenta contend that the company did not do anything wrong because the seed wasn’t sold until U.S. approval was obtained, and that it didn’t need China’s approval. However, a test-case trial in Kansas ended with a jury verdict of $217 million in favor of the certified class of Kansas corn farmers and a test case trial in Minneapolis was settled out of court before it began.

----

In photo at top, attorneys M. Scott Barrett, left, and John Jernigan, in front of cornfield in Caledonia. For more information about the litigation, contact Conrad Cropsey at 585-589-9400.

The quiet, shy orphan who grew up in Oakfield became a true guardian angel of the less fortunate in Genesee County. Despite preferring to achieve results rather than garner recognition, Donald received numerous awards and certificates for his humanitarian efforts.

The lives of hundreds of young people have been enriched because of the efforts and generosity of Donald R Carroll.

For this reason, Don's legacy lives on through the Donald R. Carroll Memorial 5K Run/Walk, which helps to raise money for his long-standing Toys for Kids toy drive, which helps families in need in our community during the holidays. 
 
Brian and Beth Kemp have continued the 5K and Toys for Kids Toy Drive for Don. Brian Kemp knows firsthand the impact of caring people like Don.

"Don helped me when I was young and I was able to go to summer camp and enjoy some things I would have never had an opportunity to otherwise," Kemp says.

Because of that and the need to continue to help those in need in our community, the Kemps continue where Don left off.

The Don Carroll 5K Memorial Run/Walk starts at 9 a.m. this Saturday, Aug. 19th, at Kibbe Park (105 Kibbe Ave., Batavia).

Runners and walkers are encouraged to come out and take part in this great event. All proceeds from the race go directly toward the Toys for Kids toy drive.

Last year's race was able to raise enough money to help more than 50 children in need in Genesee County.

The Kemps are hopeful this year's race will be another success.

"We have a lot of families living at the poverty level or below in our community," Beth Kemp said. "If we are able to provide a little light in someone's life, especially during the holiday season, then that's what we want to do.

"Don would've given someone his last few dollars, and he didn't have much. I hope to be half the human being he was."

Runners and walkers can pre-register online at DonCarrollRace.com or register the morning of event. Registration begins at 7:45 a.m. Race starts promptly at 9. A $100 prize is awarded to the top male and female finisher, and additional prizes for the top three in all age categories.

Submitted photo. Back row: Shaun Negvesky, Melanee London, Melissa Watterson, Laura Klotzbach-Dinsmore. Front row: Ritchie Kirkum, Jamie Lindsley. Not pictured: Bill Barbur and Samantha Pangrazio.

Press release:

On Monday, Sept. 4^th the Oakfield Betterment Committee will host the 2017 “Labor Day Celebration” in the Elroy D. Parkins (Little League) Park, 37 Drake St., Oakfield.

This event is a family-oriented and alcohol-free festival featuring first-rate live entertainment, children’s activities, car cruise, parade, and food vendors.

Nonprofit groups from Oakfield and surrounding areas, including Alex’s Lemonade stand, operate food and beverage stands and various games and other fundraisers at the event, making this celebration an important part of our local nonprofit organizations’ finances.

The parade kicks things off at 10 a.m. There will be a Car Cruise from 12-3. Ghost Riders perform from 12 to 3 p.m. and Terry Buchwald impersonates Elvis from 4 to 7 p.m. Plus there will be pony rides for children all day, an appearance by Mercy Flight, basket raffles, and bounce house fun ($5).

As you are aware, many local community gatherings and carnivals are disappearing due to restrictive laws, lack of funding, and difficulty maintaining a volunteer base. The Oakfield Betterment Committee is dedicated to making sure that our local event continues to be a tradition for our town. Due to the same difficulties facing other communities, we are scaling back to a one day event for 2017, but it will still have most of the features our attendees look forward to each year.

In addition to Labor Day, Oakfield Betterment hosts fun and meaningful community events such as the annual Earth Day Clean-up, summer outdoor family movie nights in Oakfield Town Park, 5K fun runs for various causes, and a Community Thanksgiving Dinner. We are also planning to have an event featuring and supporting local small businesses at the Lions Club Christmas in Oakfield. All of these events are free to the public.

When other local organizations need a helping hand, we are at their service. So far this year, we assisted with the Haxton Memorial Library’s Summer Reading Kickoff carnival and Elba Betterment Committee’s annual pig roast.

If you have any questions, or would like to join the Oakfield Betterment Committee, please check our website: http://www.oakfieldbetterment.com/ and "like" our Facebook page.

With a grant from the state's Division of Criminal Justice Services, Batavia PD will be able to outfit all officers with body cameras, Chief Shawn Heubusch told the City Council on Monday night.

In all, the $10,000 grant combined with funds already appropriated in the city budget will mean the department has a total of 32 body cameras.

"They're absolutely valuable," Heubusch said after the meeting. "I wouldn't be asking for 32 of them if I didn't think they were valuable. As far as from a prosecutorial standpoint, it collects evidence and firsthand accounts when this story is unfolding. So from that perspective, it helps in the prosecution aspect of a crime. When you're dealing with a victim or a suspect you have that person on film saying what they said, acting the way that they were acting at that point in time, and that could be introduced into evidence or it can be used to get a plea deal."

Twice the cameras have helped clear up accusations against officers by suspects, Heubusch said, so they've proven valuable in that respect as well.

"I think we see a lot more positive reaction (from officers) because they were very suspicious at first," Heubusch said. "They wanted to know, 'what are we getting ourselves into?' But the first time that they're dealing with the drunk alongside the road and they're able to go back and review that footage and see this is exactly what this person said, this is exactly how the person acted, and then present that in court, they see it's been very beneficial, or in the instance where somebody comes forward with a false claim against them."

Officers are supposed to activate the camera anytime they are responding to a "hot" call, Heubusch said. The camera should be on anytime there is an enforcement action.

Of course, Heubusch said, officers are human and in an active situation, turning on a body camera is not always the first thing that comes to mind.

"That's the first thing you forget to do is turn that on," Heubusch said. "In most cases that is the first thing you want to see, you want to see that turned on. So we understand there's a human element as well. So you know there is enough room within the policy to give the officers some individual leeway."

Officers also have the discretion to turn the camera off in situations where privacy is paramount, such as cases involving juveniles, especially as victims, confidential informants, or sensitive domestic calls, depending on the circumstances.