Bradley Broadbent poked his finger into the defense desk and told Judge Robert C. Noonan this morning, "I'm never going to be behind this table again, your honor."

Broadbent was sentenced today on his five misdemeanor convictions stemming from his actions July 6 when he was high on a bath salt known as "Amped," that he said he purchased at the former 420 Emporium.

That day, he destroyed a bathroom of an office complex on Liberty Street, climbed on the roof of a house on Hutchins Street, and after leaving the emergency room at UMMC, entered a dwelling on Tracy Avenue.

A jury found him not guilty on all the felony charges he faced, but convicted him of five misdemeanors: two counts of criminal mischief, 4th, two counts of criminal trespass, 2nd, and petit larceny.

Those are charges, he said, he would have entered a guilty plea to if given a chance.

Broadbent said he really wants to get his life straightened out and was hoping for a probationary sentence or weekend incarceration.

"I've been in jail almost my whole life," Broadbent told Noonan. "I know with my record, saying I'm sincerely sorry is hard to take seriously, but I am sorry. This is the last time I'm ever going to be at this table, your honor, regardless of what you sentence me to."

Because of Broadbent's record, District Attorney Lawrence Friedman said, anything less than the maximum sentence available under New York law would be inappropriate.

Broadbent has a history, Friedman said, of violating terms of probation and parole.

Noonan did sentence Broadbent to the maximum for his misdemeanor convictions, which is two consecutive one-year terms in jail. With time served and time for good behavior, Broadbent will be out of jail in seven to eight months.

"You're a poster child for why bath salts had to be banned," Noonan said. "The evidence of your behavior in this trial was nothing short of bizarre, and not only in terms of what you did, but what you were able to do with almost superhuman feats while under the influence of those substances."

But, Noonan said, there's nothing indicating Broadbent could abide by any terms of probation.

"If you turn your life around, nothing would make me happier and the other people in the criminal justice system," Noonan said.

At age 33, Noonan said, it was time for Broadbent to put his childish behavior behind him.

Just before Broadbent was escorted from the courtroom, Noonan added, "I'm going to hold you to your promise that I won't see you back here."

PUBLISHER'S NOTE: Bradley introduced himself to me prior to the hearing. He thanked The Batavian for our fair, accurate and honest coverage of his case. We had a long talk, none of which is really fodder for this story. He did ask me to emphasize that he offers his sincere apology to the community for his behavior, that he realizes with his track record it might be hard for some to believe, but that he really wants to get his life going in the right direction. I believe he's sincere and truly hope he is able to move forward in a positive direction from this day forward.

A Pavilion mother caught twice drinking and driving, including once with her underage children, will be given 11 months to show to the court she can stay out of trouble.

Judge Robert C. Noonan gave Angela A. Kruse, 40, interim supervision until Feb. 6, when she will returned to County Court for sentencing.

Her sentence will be determined by her conduct over the next 11 months.

Kruse was arrested in June in Le Roy for driving while intoxicated with her children in her car, leading to a felony charge under Leandra's Law. She was arrested a second time following an accident in Covington in September. She reportedly had a child with her in the car at that time as well.

Susan Marie Norway, 29, of Cockram Road, Byron, is charged with two counts of endangering the welfare of a child. Norway was allegedly not at home when her children were dropped off after school by a school bus. The children went to a neighbor's house, where they stayed while the neighbor contacted the Sheriff's Office.

Melissa Marie Morton, 27, of West Middlebury Road, Bethany, is charged with petit larceny and criminal contempt. Morton was arrested on warrants from Stafford Town Court for alleged failure to appear on the charges. She was jailed on $200 bail.

Why did the turkey cross the road? To prove to the possum that it COULD be done.

"No way!!!!" exclaimed the possum.

"Piece of cake" said the turkey...."Watch me".......and off he went.

"Cool beans" said the now believing possum. "Let me give it a try!"......

Meanwhile, a lone turkey vulture patiently watches in anticipation...........

He made it...much to the vulture's disappointment! 

Press release:

Assemblyman Steve Hawley (R,I,C-Batavia) recently voted against a dangerous, job-killing measure to raise the minimum wage both now and on an automatic escalator in the future. The bill seeks to raise the minimum wage to $9 per hour, the second-highest rate in the nation, and includes annual increases tied to the rate of inflation.

According to the Business Council of New York State, Inc., the measure would increase total payroll costs per-employee by roughly $4,063 annually. Hawley listed a number of glaring problems with the bill, particularly its impact on the local agricultural industry.

“This legislation is a poorly thought out plan that will force businesses to eliminate jobs and pass the increase in the cost of doing business down to the consumer,” Hawley said. “The agricultural industry will be particularly devastated by this measure, which will wreak havoc on our local economy. If we want to help low-income families, we should be investing in the Earned Income Tax Credit rather than passing job-killing laws.

"This is not the way to show the world that New York is open for business. Rather, this is another example of the disconnect between Downstate, where the plan was hatched, and Upstate, where the damage will be the most severe. Now more than ever, we should be looking into my legislation that would let the public decide if New York should be split into two separate states.”

Press release:

Genesee Community College freshman forward Vaughn Boler (Pittsford Mendon High School, Rochester) has been named the NJCAA Division II Region III Player of the Year for the 2012-2013 season.

Boler played in 27 games (26 starts) this year and led the Cougars in scoring, averaging 21.1 points per game. That mark was the second-highest scoring average in Region III and 14th most in the country. He also averaged seven rebounds per game, which was second highest on the team.

On three occasions this season, Boler scored 30 or more points in a game. He scored a career-high 37 points against ASA College on Dec. 9 and recorded 12 or more points in every game.

Boler missed four games during the middle of January due to an injury and the Cougars were 0-4 during that stretch. Genesee finished the regular season with a 15-15 overall record and fell to Mercyhurst North East in the opening round of the Region III playoffs, 97-94.

Boler is the first player at Genesee to receive the award since Leon Nelson, who was named co-Player of the Year in 2010.

Genesee Community College athletics program endeavors to provide a quality and competitive intercollegiate athletics program consistent with the National Junior Collegiate Athletics Association (NJCAA) philosophy and the overall educational mission of Genesee Community College. Participation in collegiate athletics should be an extension of the total educational experience for the student athlete. The inherent philosophy emphasizes the athletic setting as a classroom used to teach character, commitment, work ethic, respect for differences, and the importance of sacrifice, teamwork and cooperation.

Press release:

Site Selection Magazine has once again recognized Batavia/Genesee County as one of the top micropolitans in the United States. For the ninth consecutive year, Batavia/Genesee County has made the Site Selection Governor’s Cup rankings for top micropolitans and is now ranked tied for fifth on its national list.

“It is very difficult to jump up so many spots, especially with the intense competition among the top micropolitans throughout the United States,” said Mike Glennon, regional marketing director of Site Selection Magazine. “Congratulations to all in economic development in Genesee County; this is a superb job and a testament of the strength of the business climate and assets Batavia and the region have to offer.”

The ranking of Top Micropolitans is based on cities of 10,000 to 50,000 people which cover at least one county.  There are approximately 576 micropolitans in the United States according to Site Selection Magazine.  Batavia tied Shelby, N.C., for fifth place in the national rankings.

“This is a great recognition in an extremely competitive industry and it once again reinforces that when the public and private sectors work together we can accomplish great things for the region,” said Steve Hyde, president and CEO of the Genesee County Economic Development Council. “We look forward to continuing the momentum of this collaboration in our economic development efforts for 2013.”

The GCEDC will unveil its 2012 Annual Report highlighting performance results at the organization’s annual meeting on Friday, March 8 at Noon at Genesee Community College.

Among those attending include Congressman Chris Collins, New York State Senator Michael Ranzenhofer, New York State Assemblyman Stephen Hawley, Genesee County Legislature Chair Mary Pat Hancock and other local government and business officials.

National Grid will be recognized by the GCEDC as economic development partner of the year. Tickets are $20 and can be purchased in advance by calling the GCEDC at 343-4866.

The three men -- including two former City firefighters -- who admitted to a bookmaking charge late last year will work weekends for the community through the Sheriff's Office the next four and a half months, serve three years on probation and pay a $1,000 fine each.

Because the county's work release program doesn't have any openings until March 30, City Court Judge Robert Balbick delayed formal sentencing until March 26.

Greg Phillips, Brian Bordinaro and Lance Engel each appeared in court with their attorneys.

Engel was the first called to the bench and his attorney Joseph LaTona argued that Engel should be given a conditional discharge, meaning no supervised punishment, though he would need to stay out of trouble for a period of time.

All three men entered guilty pleas Dec. 11 to a Class A misdemeanor charge of promoting gambling, 2nd. The maximum sentence available to Balbick on the conviction was up to a year in jail.

LaTona took note that while it's true that his client initially faced felony charges, District Attorney Lawrence Friedman, "a pretty tough guy," agreed to reduce the charge to a misdemeanor for a plea bargain.

"My client had to resign his job of 17 years at the New York state Veterans Hospital," LaTona told Balbick. "In terms of punishment already sustained by my client and his family, that is enough."

Adding later, "He did wrong. He knew he did wrong and he knew it was a crime."

Asked for a statement by Balbick, Engel said, "I take full responsibility for my actions and the embarrassment it caused to members of my family, coworkers and friends."

Friedman (inset photo) acknowledged that even though the charges had been reduced from felonies, including the Class B felony of enterprise corruption, the fact the charges were reduced was already a substantial break.

Friedman supported the Probation Department's recommendation for Engel, which was a period of probation.

"Assuming the defendant is a law-abiding citizen in coming years, then it's not a great hardship for him to be on probation and that's a pretty good disposition for the community in a way I don't feel that a conditional discharge is good for the community."

Balbick said he's thought long and hard about the case, and while he has no doubt Engel is a hard-working family man who made just one "horrible mistake," a sentence of probation wasn't enough.

"It would be a waste of money to put this man in jail, but I do think this man committed a crime and there needs to be accountability to the citizens of this community," Balbick said.

After Engel's appearance, Bordinaro and Phillips approached the bench in turn. Both were asked if they would accept the same sentence as Engel.

The alternative sentence, Balbick said, was 120 days intermittent jail time.

Both Bordinaro and Phillips accepted Balbick's terms. There was no discussion about the sentence during their appearance before Balbick.

Phillips appeared unhappy with Balbick's offer and his attorney, Larry Andolina (top photo), admitted to reporters outside the courthouse that Phillips was indeed displeased with what transpired in court.

"It was a little more than what I expected, but we'll come back to court on the 26th and we'll deal with it then," Andolina said.

Asked about allegations that Phillips and Bordinaro conducted their bookmaking operation while on duty at the City of Batavia Fire Station, Andolino said the allegation was "nonsense."

Asked why the case had been reduced from felony charges, Andolina said, “The investigation wasn’t handled appropriately.”

Asked if there was a conflict of interest, Andolina said, "yes."

Asked if he would elaborate, he said, "No."

"You have to ask Larry Friedman or the Sheriff?" Andolina said. "They have much more information."

Asked again later if he had evidence to support his allegation that the investigation was mishandled, Andolina said, "Steve Mullen retired, didn't he."

When told that wasn't exactly evidence, Andolina again referred the question to Freidman or Sheriff Gary Maha. 

"You're asking the wrong people," he said and added, "My client still has to get sentenced on the 26h."

Later, Friedman said he wouldn't discuss the matter.

Maha who is out of town, has yet to respond to an e-mail requesting comment.

While Engel expressed remorse in court, neither Phillips nor Bordinaro were given a chance to speak.

Asked if his client, Phillips, was remorseful, Andolina said, "Sure he's remorseful. He lost his job. He lost his pension. He’s got a family. This is not a real big community. He knows a lot of people in this community. This is not a happy time."

Andolina said Phillips has been training to become a barber and can't receive a state license unless Balbick signs a "release from disability," a legal document that would allow Phillips to be licensed for such an occupation.

Balbick said he'll take up that matter on March 26.

Asked to comment on Balbick's characterization that the three defendants committed an offense against the community, Friedman said, "Regardless of how you feel about gambling laws, two of the defendants were professional firefighters and were on the public payroll and the evidence is that they were running the gambling operation on duty at least at times. The other defendant was an employee of New York State Veterans nursing home, so I think in that respect it would be considered offenses against the community."

UPDATE: WIVB's George Richert lead this evening's newscast with a story about the sentencing and included information accusing Mullen of placing bets with the bookies. Richert offered no proof, either in the form of documents or sources, to substantiate the claim. (WIVB Web Story)

A caller in the vicinity of the former Holy Family School in Le Roy reports hearing four gunshots nearby, possibly from "a tree." Le Roy police are responding to 44 Lake St. to investigate.

UPDATE 1:35 p.m.: A police officer reports the caller is not sure where the shots came from "but she's sure they were gunshots." The officer spotted a person walking by the railroad tracks and will be speaking with the person. There's only been one call on this. A backup officer says maybe the noise was from garbage trucks dumping their contents.

Downtown Batavia needs a theater, according to local businessman Ken Mistler, and when Dipson announced that its Batavia location needed to be sold or it would close, Mistler stepped in and bought it.

Now comes the hard work and expense of upgrading the two-screen movie house, and Mistler wants to know what moviegoers want from their local theater.

His number one question right now, he said, is what will bring people to Batavia Showtime?

Consultants for the City of Batavia reported last summer that some $31 million from Genesee County residents is spent annually in Buffalo and Rochester for entertainment and dining.

"I want to get them to bring some of that money back to Batavia," Mistler said. "I want to give them a reason to stay here."

First order of business is to start showing first-run films. He's also going to invest a substantial amount of money -- he doesn't know how much it will cost yet -- into upgrading to a digital projection system and dropping 35mm film. He also plans interior renovations and changes, but he's taking it one step at a time, he said.

Mistler owns City Slickers Restaurant and he said a downtown theater is important to the restaurant businesses downtown, not just his own.

People still like to go out for dinner and a movie, and if there is no movie theater in Batavia, people looking for a full evening of entertainment will just go elsewhere.

With local ownership, Mistler said, he thinks he can breathe new life into the former Dipson.

There are plenty of ideas for Mistler to look at for his theater, which could include special movie nights, special events for children, a small stage for comedians or small bands -- all of that -- Mistler said -- is on the table for discussion.

"It wasn't that this was a bad place, but the owners lived far away," Mistler said. "It was hard for them to watch and maintain it with the other theaters they had. I’m going to be on hand and we can do things the other owners wanted to do but couldn’t do because they weren’t here."

The theater remains open seven days a week as Mistler takes over management and begins making changes.

He said among his promotional ideas is to offer a package of a dinner from City Slickers and theater tickets. He said he would love to meet with any local restaurant owners who want to do the same thing or have other promotional ideas to tie the theater more closely with dining downtown.

"I need the feedback from the people," Mistler said. "I need to know what they want. I really do."

On Facebook: Batavia Showtime.

The nonprofit group Volunteers for Animals is trying to put together a list of local homes willing to take in barn cats.

From time to time, they get cats that would not fit well into a home as pets, and are most likely part feral. All cats are vetted, spay/neutered.

If you are able to take in one or two, please let them know. It would really help them out in a crunch.

To contact the volunteers, who work in partnership with the county animal shelter, contact them at <www.vol4animals.org> or write to:

Volunteers For Animals

PO Box 1621

Batavia, NY 14021

Mark A. Thweatt, 52, of 66 Oak St., Batavia, is charged with petit larceny and conspiracy, 6th. Thweatt is accused of stealing a shopping cart full of beer from Tops on Feb. 18. Store surveillance video and alert residents on Redfield Parkway were instrumental in the investigation, police said. A warrant was issued for Thweatt's arrest following the investigation and he was taken into custody Monday. (Initial Report)

Brandon M. Maldonado, 24, of Tracy Avenue, Batavia, is charged with possession of a forged instrument, 2nd. Maldonado was arrested following an investigation by Deputy Brian Thompson and Investigator Roger Stone into an alleged incident reported Nov. 1. Maldonado was sentenced Monday on a similar charge to a period of interim supervision by the Probation Department and ordered to pay $611 in restitution, which he said he would pay from his tax refund. On the new charge, Maldonado was arraigned in Town of Batavia Court and released.

Steven Michael Smith, 23, of Seminary Street, Auburn, is charged with assault, 3rd. Smith is accused of fighting with another person while at work at 1:15 p.m., Monday, at a location on Route 77, Alabama.

Joseph Zajaczkowski, 57, of Batavia, is charged with DWI and felony aggravated DWI. Zajaczkowski is accused of driving drunk in Niagara County with two 13-year-old passengers, a violation of Leandra's Law. He is also charged with two counts of endangering the welfare of a child.

Notre Dame won it's state tournament qualifier game Monday, beating Mt. Morris 45-27 in a clash of Section V Class D champions.

Defense and a strong bench is what kept the Fighting Irish ahead all night as too often shots wouldn't drop, especially in the third quarter when ND scored only four points.

Fortunately for the ladies, Mt. Morris put only seven points on the board that quarter.

Mt Morris was held to single-digit scoring in each quarter.

"We knew at half time if we can get to 40, we're in pretty good shape," Head Coach Dave Pero said, who noted his girls missed at least 10 easy lay-ups. "We don't tell our girls to stop shooting because that is what they do, and they finally knocked some down and we got ahead."

A strong bench is a key part of the Fighting Irish strategy and Notre Dame was able to put some distance between themselves and Mount Morris in the 4th quarter, outscoring Mt. Morris 15-6.

"We try to wear teams down," Pero said. "By the fourth quarter, we're hoping they're fatigued and tired and maybe they start to lose their legs and we can get a couple of easy baskets out of that."

Riley Norton scored 12 points and pulled down 12 rebounds. Shea Norton added eight points plus nine rebounds.

Melanie Taylor scored 13 points.

The Fighting Irish will enter state tournament play with a 20-2 record so far this season. The only two defeats were regular season losses to Elba, whom Notre Dame beat last week to reach the Section V title game.

Notre Dame squares off against Section 6 Class D champions Sherman at 5 p.m., Saturday, at Buffalo State College. The winner will advance to final-four play in Troy next weekend.

To purchase prints, click here.

The HIll: Environmental activists reeling as Keystone pipeline gains momentum

There was no disturbance at 72 Main St., Le Roy, prior to police arriving at the scene Sunday where a baby was found not breathing, Le Roy Police Chief Chris Hayward said in a statement this evening.

The 5-month-old infant was later pronounced dead.

Hayward confirmed that the initial information relayed to emergency responders was that a fight had taken place at the location but, he stated, "a review of the 9-1-1 call and subsequent investigation determined that no fight or any other type of disturbance occurred and the fact that it was dispatched in this manner appears to have been a miscommunication at the dispatch center."

A police officer arrived on scene shortly after the 5:13 p.m. call and found a 45-year-old woman who appeared to be unconscious and a 5-month-old child unresponsive and a bystander performing CPR.

CPR was provided until an ambulance arrived and took over medical care.

A preliminary autopsy failed to determine a cause of death. The investigation continues pending further test results.

Previously: Police have yet to determine cause of infant's death in Le Roy

John Igoe, president of Oakfield Volunteer Fire Department, issued the following statement, approved tonight by the board, regarding the arrest of Robert Hilchey for alleged "theft of services."

The members of the Oakfield Volunteer Fire Department would like to state that we disagree with the actions of the Village of Oakfield against Robert “Buck” Hilchey.  

The Oakfield Fire Department has always had the ability to use public water prior to the water meter. The fire hall is equipped with a 2” standpipe that is installed prior to village water meter. We have a cap for that line that is drilled out with a ¾” water hose adapter. Over the course of several years this fitting has leaked when used. This has caused damage to our fire hall. We have had to remove the door to the bathroom in the truck garage as a result of this water damage.  

The Fire Department accepted and passed a motion on 12/3/2012 to allow Mr. Hilchey to make minor modifications to the plumbing in the fire hall, as well as looking into the possibilities of purchasing and installing a tankless hot water heater.  

In no way did Mr. Hilchey profit personally or monetarily from the plumbing changes that were performed.  

The Oakfield Fire Department has stated that they would repair the water service back to original, but the village mayor and trustees are requiring the fire department to install plumbing changes that will cost the department a significant sum of money.  

The sole purpose of the installation of the garden hose fitting was so the Oakfield Fire Department could service and maintain the village property, which for several years was done with metered water.  

The Oakfield Fire Department has been paying water bills for years so that we could have the privilege of maintaining the village trucks. The toilets, kitchen and other services have never been supplied by unmetered water, and our water bill has always been paid.  

It was stated in a closed-door meeting with the mayor and village trustees that they are pursuing this action in this way because the village wants to change attitudes, behaviors, and to send a message to the Oakfield Fire Department and Robert Hilchey.

Robert “Buck” Hilchey has been an active member of the Oakfield Volunteer Fire Department for over 42 years of service. He has been one the most active volunteers in our department's history.  

It is the position of the Oakfield Volunteer Fire Department that Mr. Hilchey is not at fault for the charge of theft of services. We stand as a department behind Mr. Hilchey. It is deplorable that the village is willing to ruin a person’s reputation in the community, and possibly his livelihood because that village wants to send a message and change attitudes and behaviors.

Kevin L. White, accused of burglary and assaulting a police officer, was pretty indecisive today about whether to accept a plea offer on the multiple charges against him.

When White first appeared in Genesee County Court this morning, his attorney, Fred Rarick, was under the impression he was going to accept the plea offer, but White turned it down.

Rarick and White then met back at the jail where, Rarick said, he explained again all of White's options and the possible consequences of getting convicted by a jury. He also explained an "Alford plea" where White could enter a guilty plea without admitting to the factual allegations, just to the likelihood that he would be convicted by jury.

The case was put back on afternoon calendar and, again, Rarick expected his client to accept the plea offer.

But as Rarick stood before Noonan, he told the judge his client had again changed his mind.

District Attorney Lawrence Friedman said that he will proceed now with a presentation to a grand jury for a possible indictment.

Of course, until a trial date is set, White will still have the option of accepting whatever offer is on the table.

White, 21, of no permanent address, is charged with second-degree burglary for an alleged break-in Aug. 21 in the City of Batavia. He was arrested Jan. 4.

He is also charged with criminal possession of a controlled substance, 7th, obstruction of governmental administration, unlawful possession of marijuana and assault, 2nd (causing physical injury to a police officer), and resisting arrest.

White was reportedly at a residence on State Street at 5:51 a.m. on Oct. 14 when Batavia police officers responded to a report of a domestic incident.

While paramedics treated an alleged female victim downstairs, police went upstairs where White and another person had allegedly locked themselves in a bedroom.

Officers kicked in the door and White allegedly tried to flee down the stairs and charge past Sgt. Dan Coffey. He and Coffey fell against the wall, down one stair and spilled into the kitchen, breaking a table and chair. Coffey allegedly suffered a leg injury.

White allegedly continued to struggle with Coffey until another police officer subdued White with a Taser.

During a search of White, he was allegedly found to possess cocaine and marijuana.

White has been in jail since on $20,000 bail or $40,000 bond.

UPDATE: Batavia PD released more information this morning about White's arrest on a burglary charge. White was accused of stealing returnable bottles and cans from a residence on Washington Avenue in August. He was also charged with petit larceny.

A Batavia man accused of eight burglaries in the city will be represented by a private attorney, Judge Robert C. Noonan was informed this afternoon.

Fred Rarick, initially assigned to represent Francis S. Smith, 19, formerly of 20 S. Main St., Batavia, told Noonan that he had been contacted by the family informing him the family retained an attorney to represent Smith.

Noonan noted that the attorney had not yet appeared with Smith nor filed notice with the court, but agreed to call Smith back in a week to appear with his new attorney.

A plea offer has been extended to Smith, District Attorney Lawrence Friedman said, and indicted he is ready to present the case to a grand jury.

Smith was arrested Jan. 1 while allegedly burglarizing a residence on Washington Avenue. Prior to that arrest, there had been a series of burglaries reported in the city that investigators considered to be the work of the same person. Smith has subsequently been charged with seven of those burglaries.

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