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Alabama

Working barn fire reported on Judge Road, Alabama, possible arson

By Billie Owens

A working barn fire, that a caller believes to be intentionally set, is reported at 1239 Judge Road in Alabama. The location is between Crosby and Alleghany roads. Flames are visible from Bloomingdale Road. Alabama Fire Department is responding. The third platoon is called to Alabama's headquarters.

UPDATE 10:13 p.m.: According to Sheriff's Deputy Richard Schildwaster, earlier this evening Alabama Fire Department was dispatched for a working barn fire; several agencies were also dispatched, including the Genesee County Sheriff's Office and the Emergency Management Office.

"There was a report that came over dispatch (of a fire suspicious in nature) but nothing to led to that conclusion," Schildwaster said, adding that "nobody was seen leaving." He said the investigators were in the "very preliminary, very early stages of investigation." He noted that "we do believe there is loss of life (livestock) in the barn." Also, although there was initially a report of minor burns to a human, no subsequent reports of that appear valid.

UPDATE Saturday, 1:04 a.m.: Photos added.

Accident at Wright and Tesnow, injuries report

By Howard B. Owens

Both vehicles in an accident at Wright and Tesnow roads, Basom, reportedly rolled over and minor injuries are reported.

One vehicle is reported to be a van with two passengers. The passengers are said to be alert but disoriented. The occupant of the other vehicle appears to be uninjured. He will be evaluated because there was airbag deployment.

Alabama fire and two Mercy EMS ambulances dispatched.

UPDATE 8:31 a.m.: There are two Mercy rigs and an ambulance from Akron in route.

UPDATE 8:38 a.m.: One person is still in a vehicle but can be helped out without extrication. Another person is on the ground. A third patient is out and walking around. Responders are warned about debris in the roadway. Also, roadway signs were knocked down.

UPDATE 8:40 a.m.: The van is an extended van that is full of equipment. It was also pulling a trailer. It's on its side. A heavy wrecker will be required.

UPDATE 9:04 a.m.: Patient transported to ECMC.

Portion of Judge Road closed due to downed power lines

By Billie Owens

A tractor-trailer versus pole accident at a construction site on Judge Road caused power lines to be ripped down. A power company rep is on scene and lines are across construction equipment, the road and are torn from a house.

Alabama fire command is holding the assignment to remain in the fire hall. The road will be temporarily closed from Kenyon Avenue to Route 77 until the lines are removed.

No injuries are reported.

Law and Order: Alabama man accused of striking victim with hammer and choking

By Howard B. Owens
      Paul Hoffman

Paul Robert Hoffman, 43, of South Knowlesville Road, Alabama, is charged with assault, 2nd, strangulation, 2nd, and unlawful imprisonment. Hoffman allegedly struck another person with a hammer during a fight at a location on Knowlesville Road, Alabama, at 8:30 p.m. Friday. He then reportedly choked the person to the point of unconsciousness and prevented the person from leaving. Following the incident, Hoffman allegedly called 9-1-1 requesting assistance for medical attention due to an unknown medical condition. An investigation led to the charges against Hoffman. He was jailed on $75,000 bail. The victim was treated at an area hospital for injuries sustained during the incident and released.

Frank H. McEwan, 18, of Batavia, is charged with driving while ability impaired by drugs, failure to obey a police officer, unsafe turn, unlicensed operation, drinking alcohol in a motor vehicle, depositing refuse on a public highway, obstructing governmental administration, and criminal nuisance. Cramer J. D'Andre, 18, of Batavia, is charged with unlawful possession of marijuana and open container. McEwan was stopped at 1 a.m. Oct. 21 on Keeney Road, Warsaw, by State Police for an alleged traffic violation. Troopers alleged that McEwan did not have a driver's license and was violating conditions of his parole. D'Andre was a passenger in the vehicle.

Sarah Ann Malone, 35, of Ellicott Street Road, Batavia, is charged with DWI and leaving the scene of a property damage accident. Malone is accused of driving on Verona Avenue, Batavia, at 6:04 a.m. Sunday while intoxicated. She was arrested by Arick Perkins.

Dwayne L. Sheffield, 24, of Thorpe Street, Batavia, is charged with criminal mischief, 3rd. Sheffield allegedly did more than $250 damage to property during a fight at 11:10 p.m. Tuesday. He was jailed without bail.

Randy G. Leach, 31, of Torrey Road, Stafford, is charged with aggravated unlicensed operation, 2nd, and unlicensed operation. Leach was stopped for an alleged traffic violation at 9:13 p.m. Oct. 31 on East Avenue, Batavia, by Officer Mitchell Cowen.

Jeffrey D. Anderson, 22, of Pearl Street, Batavia, is charged with endangering the welfare of a child. Anderson is accused of failing to provide adequate supervision of a child.

John J. Caez-Gonzalez, 30, of Cunningham Street, Rochester, is charged with criminal trespass. Caez-Gonzalez allegedly entered a dwelling on State Street without permission and after being advised to stay away. He was jailed on $2,500 bail.

Minnie Marie Henry, 29, no permanent address, is charged with criminal possession of a controlled substance, 7th. At 4:51 p.m., Oct. 29, police were flagged down to investigate a disturbance on State Street involving multiple individuals. During the course of the investigation, Henry was allegedly found in possession of narcotics. She was issued an appearance ticket and turned over to State Police on unrelated charges.

Jared M. Adamski, 21, of Krieger Road, Webster, is charged with criminal mischief. Adamski allegedly damaged the property of another person at a location on Bank Street, Batavia, at 6 p.m. Oct. 28. He was jailed on $1,000 bail.

Julia A. Calzaretta, of Eustis, is charged with DWI, driving with a BAC of .08 or greater, and illegal signal. Calzaretta was stopped by State Police at 7:57 p.m. Friday on West Main Street Road, Batavia.

Stephen J. Tomidy, 58, of Le Roy, is charged with unlawful possession of marijuana and inadequate plate lamp. Tomidy was stopped at 11:49 p.m. Tuesday by State Police on Route 33, Stafford.

1366 Technologies exploring overseas options for manufacturing as DOE slow to come through with promised loan guarantee

By Howard B. Owens

There continues to be one significant roadblock for 1366 Technologies to get around before breaking ground a new $700 million solar wafer manufacturing facility in Alabama -- getting the Department of Energy's final approval on a previously promised $150 million loan guarantee.

If that loan guarantee isn't finalized, 1366 Technologies, instead of creating 1,000 good-paying jobs in Genesee County, could turn to an overseas location for its manufacturing facility.

"We remain focused on the U.S. and U.S. job creation," said Laureen Sanderson, spokeswoman for 1366. "We continue to work closely with the State and GCEDC, who remain committed to the project, and we’re in active discussions with the Department of Energy. Those discussions have been positive, but we’ve yet to receive a final indication on the status of the loan."

The Boston Business Journal reported today that 1366 just secured another $9 million in funding from investors, bringing the total raised to $89 million. The article also raised the specter of 1366 locating its facility in another country.

The company identified a site in New York for that manufacturing facility, but is still working to officially secure the funding from the DOE. In the meantime, a company spokesperson said, 1366 is exploring the possibility of building its first factory abroad due to the commercial interest its technology has received internationally.

"We are exploring possibilities to build factories internationally, but that has always been part of our plan," Sanderson said, adding, "It is understood that building in the U.S. is only possible if the loan is accessible. If it’s not there, we need to pursue the other options available to us."

The factory would be about 130,000 square feet and located in the advanced manufacturing park under construction in Alabama known as STAMP. It's been a decade-long process by Steve Hyde and the GCEDC to bring STAMP to fruition and 1366 Technologies is the first, and so far, only significant tenant announced for the park.

The company selected STAMP in part because of its location to low-cost, clean energy, specifically, hydropower from Niagara Falls. 

The proprietary method 1366 Technologies uses to manufacture solar wafers was developed at MIT and leads to solar wafers that are more efficient, produced at lower costs and with less waste than the way solar wafers are manufactured currently. The company's immediate goal is to manufacture wafers domestically for export to large solar installations overseas, such as the one completed earlier this year in Japan

Hyde said GCEDC remains committed to bringing 1366 to Genesee County.

He issued this statement:

The Genesee County Economic Development Center (GCEDC), along with our U.S. Senate and Congressional delegates, continue to work with 1366 Technologies to help secure the US Department of Energy Loan Guarantee that will enable the company to build their first Direct Wafer manufacturing facility at the Western New York Science and Technology Advanced Manufacturing Park (WNY STAMP).

We believe that the Company has clarified their intentions that their strategy is a U.S. manufacturing first strategy and as such fully aligns with their previous commitments to establish their U.S. manufacturing hub at our 1,250-acre STAMP High Tech Mega-Campus here in Genesee County.

Rep. Chris Collins, through a statement issued by staff, said he is doing what he can to help secure the loan guarantee for 1366.

Congressman Collins has been actively working with partners at the Genesee County Economic Development Center to assist in opening a dialogue with 1366 Technologies and the U.S. Department of Energy. The Congressman is pleased that Secretary Rick Perry recently met with 1366 Technologies executives to discuss this project. These conversations are necessary to make sure that any significant taxpayer investment in the form of a government backed loan is made prudently.
We are hopeful that an understanding will be reached that protects taxpayers while creating economic opportunity in Genesee County. The Congressman will continue in his role in assisting this conversation and always remains committed to supporting efforts to create jobs in Genesee County.

The loan guarantee was promised to 1366 in 2011 but during the transition to the Trump Administration, there were delays related to the transition.

Sanderson said, "There was a transition with the change in administration and that was more challenging than we had expected. However, we’re now having the right discussions and those remain active."

The company is entering a highly competitive solar market that is booming (Solar Employs More People In U.S. Electricity Generation Than Oil, Coal And Gas Combined). Sanderson acknowledged the company, which currently has a small facility in Boston that employs 60 people, is keen to move forward with full production.

"We’re eager to bring the technology to mass production because we know what it can do for the industry and for consumers’ ability to access inexpensive solar power," Sanderson said. "But we’ve certainly taken advantage of the time in the run-up to scale to make additional technical gains. We’ve now surpassed the efficiency of the incumbent technology and have a cost advantage that no sawn wafer can beat. We’ll continue to make gains as the first step – but certainly not the last – in our scaling effort crystallizes."

UPDATE Friday, 10 a.m.: Statement from the office of Sen. Charles Schumer:

“Last month Senator Schumer spoke directly to U.S. Department of Energy Secretary Rick Perry and urged him to reach out to the 1366 Technologies CEO and meet with 1366. Almost immediately after the conversation, Secretary Perry reached out to the CEO and met that following week. Our office remains in very close contact with 1366 Technologies and the Department of Energy,” said Jason Kaplan, spokesman for Senator Schumer.

Man pleads guilty in case of home improvements paid for, but work not completed

By Billie Owens

A 39-year-old former Alabama resident pled guilty to one felony and one misdemeanor this afternoon in Genesee County Court in connection with complaints about construction work paid for but not completed.

Dana Ryan, who used to live on Galloway Road but now lives on Pratt Road in Batavia, was originally charged with one count of fourth degree grand larceny in the Town of Batavia, and one in the Town of Pembroke; a misdemeanor charge of misappropriation of property is pending in Town of Batavia Court.

Under the terms agreed to today, he waived the specter of a grand jury indictment and pled guilty to a single count of grand larceny, 4th, and the pending misdemeanor property misappropriation charge.

The charges against Ryan, who completed the 11th grade, were brought in July after an investigation by the Genesee County Sheriff's Office following a complaint in Batavia and another in Pembroke. The victims told Investigator J.M. Graff, who was assisted by Deputy K.M. McCarthy, that they made payments to Ryan pursuant to construction contracts for work agreed upon but not completed.

They claimed payments made to Ryan for home-improvement contracts were not allocated into a proper account and the funds were used by the defendant for purposes other than the agreed upon work.

The Batavia native with close-cropped blond hair and a thin build, wore a black hoodie advertising a tree service company and gray jeans to court. Judge Charles Zambito asked Ryan if between Sept. 18, 2016 and May 15 he stole property in excess of $1,000 and Ryan said "Yes."

He faces maximum jail time of one-and-a-third to four years and agreed to pay total restitution of just under an estimated $9,000 to two victims -- one male and one female, who are under temporary orders of protection from Ryan until Oct. 31, 2018.

Zambito told Ryan that if he does not follow the rules, or make court appearances, or is uncooperative with the Probation Department, then he will be in trouble. Ryan can't get arrested or violate any conditions he is required to abide by, otherwise the terms of sentencing under the plea agreement are null and void; although the guilty plea would remain, the judge could impose a harsher sentence.

Genesee Justice has already notified the judge of some violations, one on Oct. 17 and another one before that, plus three assessment appointments were missed at Horizon Health Services.

Public Defender Jerry Ader told Zambito that the issue with Horizon was they had the incorrect client phone number, but that has been corrected and Ryan has an appointment with them on Monday.

"If I get one more notice I will revoke your supervision (under Genesee Justice pending sentencing) and you will go to jail (now)."

Ryan said he understood.

Sentencing is set for 2:30 p.m. on Wednesday, Jan. 3.

Possible fire in wall of residence on Judge Road, Alabama

By Howard B. Owens

A possible house fire is reported at 1749 Judge Road, Alabama.

The homeowner reports a fire in the wall.

Alabama fire along with East Pembroke dispatched.

UPDATE 1:26 p.m.: All units can respond non-emergency. Alabama command believes the fire is knocked down.

Law and Order: Postal carrier calls in suspicious activity, leads to drug arrest

By Howard B. Owens

Austin Lee Wester, 23, of Pratt Road, Batavia, is charged with criminal possession of a controlled substance and criminal use of drug paraphernalia. Police responded to the area of 21 Ross St., Batavia, at 11:13 a.m. Wednesday after a postal carrier reported observing a person who "appeared to be on something and suspicious." It was also reported that Wester walked around to the back of a residence and appeared to be casing the residence. He was jailed on $20,000 bail or $10,000 bond.

Stacey Lynne Ives, 38, of Angling Road, Pembroke, is charged with DWI, driving with a BAC of .08 or greater, moving from lane unsafely, and unreasonable speed. Ives is accused of driving a vehicle that struck a parked semi-trailer in the area of 2200 Angling Road, Pembroke, at 3:06 a.m. Sunday. When deputies arrived on scene, Ives was reportedly out of the vehicle and walking around. She was treated at the scene by Mercy EMS and released with no reported injuries. The accident was investigated by Deputy Ryan Young.

James M. Rossiter, 35, of Clifton Avenue, Batavia, is charged with DWI, driving with a BAC of .18 or greater, failure to signal, failure to use headlights, moving from lane unsafely. Rossiter was stopped at 1:04 a.m. Sunday on North Spruce Street, Batavia, by Officer Mitchell Cowen.

Michael J. DiFalco, 29, no permanent address, is charged with petit larceny. DiFalco was arrested on a warrant for an alleged theft that occurred at 7:30 p.m. Sept. 24 at 41 S. Main St., Batavia. He was jailed on $5,000 bail or $10,000 bond.

Danielle Elizabeth Cummings, 39, of Batavia Oakfield Townline Road, Batavia, was arrested on a warrant. Cummings was taken into custody at Wayne County Jail by Batavia PD and returned to the City of Batavia for arraignment in City Court. She was jailed on $2,500 bail. No information released on the charges contained in the warrant.

Geoffrey M. Anderson Jr., 52, of Wood Street, Batavia, is charged with criminal trespass and second-degree harassment. Anderson was allegedly in a building at Batavia Middle School without authorization at 10:14 p.m. on Friday. While being escorted from the building, Anderson allegedly pulled away forcefully from a security aide and made threatening statements.

Ryan N. Bartholomew, 23, of Adams Street, Batavia, is charged with disorderly conduct. Bartholomew is accused of directing obscene language at City of Batavia residents while in a vehicle in the area of 6 Orleans Ave., Batavia, at 3:44 a.m. Wednesday. 

Michael Charles Friedman, 60, of Quarry Hill Estates, Akron, is charged with DWI, driving with a BAC of .18 or higher, and possession of an open container in a vehicle. Friedman was stopped at 1:45 a.m., today, on Macomber Road, Alabama, by Deputy Mathew Clor.

Daniel Edward King, 41, of Alleghany Road, Pembroke, is charged with criminal trespass, 3rd, disorderly conduct, and unlawful possession of marijuana. King allegedly returned to Batavia Downs at 5:37 p.m. Saturday after being told to leave, and using obscene language causing public alarm. He was jailed on $1,000 bail or $20,000 bond.

Cindy M. Auberger, 54, of Keitel Road, Albion, is charged with felony DWI, drinking alcohol in a vehicle on a public highway, refusal to take a breath test, and unlawful of possession of marijuana. Auberger was allegedly found in a vehicle parked roadside at 12:37 a.m. Sunday on Clinton Street Road, Batavia, by Deputy Jenna Ferrando.

John A. Petronio, 35, of Long Bridge Road, Albion, is charged with criminal possession of a weapon, 4th, and unlawful possession of marijuana. Petronio was allegedly found in possession of an electronic stun gun at 1:57 a.m. Friday at a location on Lake Street Road, Le Roy.

Matthew Scott Williams, 29, of Hundredmark Road, Elba, is charged with petit larceny and auto stripping. Williams is accused of stealing catalytic converters from vehicles at a residence on Hundredmark Road, Elba. He is also charged with grand larceny, 4th, and falsifying business records, 1st. He is accused of selling a vehicle for scrap when he was not the owner of the vehicle had no night to sell the vehicle. He allegedly produced documents purporting to show he was the owner of the vehicle. The alleged theft was reported Sept. 28 on Clinton Street Road, Bergen.

Minnie M. Henry, 29, of Batavia, is charged with petit larceny. Henry was arrested by State Police for an alleged theft reported at 3:33 p.m. Aug. 22 at a location in the Town of Batavia. No further details released.

Working mom from Batavia will move into restored Habitat for Humanity Home in Basom

By Howard B. Owens

Jenn Boyki will move into her new home on Bloomingdale Road in Basom with a new sense of opportunity and freedom thanks to Habitat for Humanity.

Volunteers started working on the house, built in 1900, before a potential Habitat owner had been identified, so by the time Boyki applied and was approved, there wasn't much time for her to complete the required 300 hours of "sweat equity" to qualify for the purchase of the property.

But she got it done, all while raising two young children and working as a supervisor at Tim Horton's in Batavia.

"This speaks to her dedication and determination to provide a safe and stable home for her family," said Lauren Casey, CEO of Habitat in Genesee County.

The work was worth it, Boyki said.

"I loved it," she said. "I absolutely loved it. It gives you more enjoyment of being a homeowner versus just moving into a house."

With a piece of property out of the city she thinks she and her kids will have more freedom for themselves.

'It's an opportunity," she said. "The kids love animals, so we will be able to own some animals. I don't have to worry about a landlord and if something breaks, them fixing it on their own time."

Mary Case presented Boyki with a quilt she made to add comfort to the new home during the dedication ceremony.

Marie Scofield presented a symbolic loaf of bread.

Town of Alabama Court Clerk receives Clerk of the Year award

By Howard B. Owens

Press release:

The New York State Association of Magistrates Court Clerks Inc. honors one of its members each year for his or her service and contributions not only to the State Association but to his or her County Association, community and colleagues by exhibiting leadership and assistance in all duties of our profession. 

The 2017 Court Clerk of the Year award was presented during the Awards Banquet of our Annual Conference held in Ellicottville on Sept. 24. It was a privilege to present this prestigious award to a local resident, Pamela Thurber

Pam has been a court clerk for seven years.  She has previously served as a court clerk in the Village of Corfu and the Town of Darien.  She currently holds the Court Clerk positions in the Village of Attica and Town of Alabama. 

Attending the award presentation were Pam’s family, significant other -- Michael Lute, sons -- Peyton and Colton, mother – Deb, sister - Terra, father --  Ron and stepmom Barb. Also in attendance were the Honorable John Tauscher, Town of Alabama, and the Honorable Julie Perry, Town and Village of Attica.

Judge Perry sent a heartwarming letter of recommendation stating why Pam was worthy of this great award. Judge Perry stated how efficient Pam was in her job, but what struck the award committee greatly, was that Judge Perry stated: “Every so often we meet people in our lives that leave an impact that cannot be described.” She hopes Pam will sit by her side on the bench for the remainder of her career.

Pam has a long list of involvements in our association as well as her community.  She serves as a county representative for Genesee County. She serves as a mentor for court clerks in her county, giving them a one on one training. Pam is an active member of the Genesee and Wyoming County Magistrate and Court Clerk Associations, and currently participating on a committee for centralized arraignments.

Pam is one of the “new kids” on the association’s board of directors. Last fall, she jumped in with both feet as soon as she was elected to the position of Director. She immediately volunteered to co-chair the publicity/media committee and was the lead in our website relaunch. Our NYSAMCC Web designer Ray sent me an email stating “I have to share with you that Pam has been a sport and a tremendous help. She has organized everything very well and made it as simple as can be for me to create this website from the start.”

Most recently, Pam has taken over the position of Editor in Chief for our association’s bi-annual magazine, "The Docket." Her first edition was recently released and was nothing short of spectacular! 

Nominations for Pam came from more than one clerk in her area, they all commented that Pam is smart, hardworking, detail oriented and very organized.  She is patient, understanding and kind and will step up to help anyone who asks. She is always willing to get involved to help her fellow clerks and will bend over backward to help educate the clerks in her county, district and all clerks of New York State. 

Pam’s journey as a court clerk has not always been the smoothest. She accepted a position in 2011 to replace a court clerk who was charged and convicted of stealing money from the court. She spent years cleaning up the mess that was left behind when the dust settled. Pam learned so much from that experience that last summer she co-authored a presentation for clerks called “Surviving an Audit.” She has been able to teach her fellow clerks real-life examples of what to expect during an audit, how clerks can be prepared for an audit, and best recordkeeping practices. 

“Pam is truly an example of what a court clerk should be. I am thankful to have her as a colleague and to have her serve on my team!” said Gillian Koerner, Town and Village of Arcade court clerk and president of the New York State Association of Magistrates Court Clerks Inc.

Law and Order: Fourth suspect in Central Avenue home invasion in 2016 in custody

By Howard B. Owens
       Adante Davis

Adante L. Davis, 27, of South Main Street, Batavia, is charged with assault, 2nd, and burglary, 1st. Davis was arrested on a warrant for assault and robbery stemming from a home invasion at a location on Central Avenue on Oct. 28, 2016, in which he is a suspect. Davis was one of four suspects and has been at large since the incident. Three participants have pled guilty and been sentenced -- Daniel J. Gilbert, Marquis K. Saddler, and Oliver Thomas. Davis was ordered held without bail.

Darrell J. Holloway, 49, of Farnsworth AVenue, Oakfield, is charged with unlawful possession of marijuana. Holloway was stopped for an alleged traffic infraction at 8:02 p.m. Thursday on Evans Street, Batavia.

Daniel Joseph Difrancesco, 36, of Edgewood Drive, Batavia, is charged with criminal mischief, 3rd. Difrancesco was allegedly involved in a dispute at his residence. He was jailed without bail.

Alex Scott Dumbleton, 24, of Ellicott Street, Batavia, is charged with illegal disposal of items. Dumbleton allegedly threw a bag of garbage onto the property of another person without permission.

Michele L. DiFalco, 28, of South Main Street, Batavia, is charged with petit larceny. DeFalco allegedly stole property from an associate Sept. 25. He was jailed on bail.

Katty L. Jackson, 21, of Dewey Avenue, Batavia, is charged with harassment, 2nd. Jackson allegedly struck another person in an incident reported at 6:29 p.m. Thursday at a location on Maple Street, Batavia.

A 17-year-old resident of Batavia is charged with criminal possession of a controlled substance, 7th, obstruction of governmental administration, failure to yield right of way to emergency vehicle, and no lights on a bicycle. Police attempted a traffic stop on the young bicyclist at 8:36 p.m. Thursday on Ellicott Street and the youth attempted to flee from police and led police on a chase. The youth was jailed following his arrest.

Casey Arthur Trommetter, 29, of Angling Road, Pembroke, is charged with DWI, moving from lane unsafely, and unregistered motor vehicle. Trommetter was arrested following an investigation by Deputy Ryan Young into a two-vehicle accident reported at 12:09 a.m. today on Genesee Street, Pembroke. When deputies arrived on scene they found an unoccupied vehicle in the westbound lane. Trommetter was in a second vehicle in a ditch off the side of the road. She was treated and released at the scene for minor injuries and charged with DWI. 

Michael Alan Shelter, 27, of Lewiston Road, Alabama, is charged with harassment, 2nd, and unlawful possession of marijuana. Shelter was arrested following an investigation into a disturbance reported at 8:45 p.m. Friday on Lewiston Road, Alabama.

Anthony James Constable, 31, of Oak Orchard Road, Elba, is charged with DWI. Constable was allegedly involved in a domestic incident at 11:08 p.m. Saturday in Elba. Following the incident, he allegedly drove to 7993 Call Parkway, Batavia, the location of Ashley Furniture, where he was located by Sgt. Thomas Sanfratello and arrested for alleged DWI. Additional charges are pending.

Mark Harley Bennett, 31, of Chamberlain Street, Albion, is charged with criminal possession of a controlled substance, 7th. Bennett was arrested after deputies responded to a report at 8:57 p.m. Saturday of two men in a vehicle in a parking lot at 8363 Lewiston Road shooting up heroin. Upon investigation, Bennett was allegedly found in possession of a controlled substance.

Adrienne F. Yocina, 36, of Alleghany Road, Pembroke, is charged with criminal possession of a weapon, 3rd, and criminal possession of a controlled substance. Yocina was charged following a home probation check. She was allegedly in possession of high capacity ammunition magazines and a controlled substance.

Benjamin Jacob Skubis, 23, of Colby Road, Corfu, is charged with DWI and driving with a BAC of .08 or greater. Skubis was charged following an investigation by Deputy Mathew Clor into a motor-vehicle accident reported at 2:25 p.m. Saturday on Bloomington Road, Basom.

Nicolas James Scripp, 27, of Fullington Road, Attica, is charged with public lewdness. Scripp allegedly urinated near the entrance of a business on Park Road at 2:22 a.m. Saturday.

Pamela A. Battaglia, 59, of Limerick Road, Piffard, is charged with trespass. Battaglia is accused of refusing to leave a property on Junction Road, Pavilion, after being told to leave several times.

John Paul Henning Sr., 55, of Overlook Drive, Batavia, is charged with acting in a manner that could injure a child and assault, 3rd. Henning is accused of attempting to punish a child by striking him on the foot with a plastic object, which caused the child to bleed.

Trisha Rose Santora, 35, of Georgian Drive, Rochester, is charged with criminal possession of a controlled substance, 7th, controlled substance not in original container, aggravated unlicensed operation, license plate violation, and inadequate plate lamps. Santora was arrested on a warrant. She was jailed on $5,000 bail, $10,000 bond.

Robert E. Magoffin, 45, of Darien Center, is charged with endangering the welfare of a child. Magoffin was arrested by State Police in connection with an alleged incident reported 5:52 p.m. Friday in Darien. No further details released.

Nichole M. Ambrosoli, 50, of Batavia, is charged with DWI and driving with a BAC of .08 or greater. Ambrosoli was stopped at 2:45 a.m. Saturday on R. Stephen Hawley Drive, Batavia, by State Police.

FERC finally OKs GC plan needed to fund new water line at STAMP, thanks to push from Senator Schumer

By Billie Owens

Press release:

U.S. Senate Minority Leader Charles E. Schumer today announced, after his push, that the Federal Energy Regulatory Commission (FERC) has approved the Empire Pipeline Inc.’s revised and extended PILOT agreement with Genesee County in order to keep an important water infrastructure project on track.

Schumer said that with the agreement now approved and renewed, funds can be cleared for new water infrastructure at Genesee County’s Science Technology and Advanced Manufacturing Park (STAMP), bringing good-paying jobs to the Western New York region and investing in New York State’s critical infrastructure.

“This is great news for Genesee County, with the PILOT agreement renewed and approved upgrades to water infrastructure at STAMP can begin and stay on schedule and put new jobs in the pipeline,” Senator Schumer said.

I am pleased FERC heeded my calls to act quickly and approve this petition to ensure that the timely construction of new water infrastructure is not held up by bureaucratic red-tape.This newly approved agreement is a win-win for job creation and the hard-working people of Genesee County, allowing the Genesee County Economic Development Center to proceed with vital upgrades to the STAMP business park.”

Schumer explained that the original PILOT agreement between Genesee County Economic Development Center (GCEDC) and Empire Pipeline was approved by FERC and implemented in 2007 as part of Empire Pipeline’s investment to construct a new gas compression station in the Town of Oakfield in Genesee County. The agreement was up for renewal and Schumer called for FERC to review and approve the application, the agreement will hold through 2032.

This request does not include any new construction, but is solely an amendment and extension of the original PILOT agreement. Funding provided to Genesee County by Empire Pipeline under this PILOT agreement is required by Genesee County Economic Development Corporation (GCEDC) to finance Phase 2 construction of new water lines to serve STAMP and with FERCs final sign off construction will no longer be delayed.

Ranzenhofer announces $415K for fire departments in Alabama, Stafford, and Le Roy

By Howard B. Owens

Press release:

State Senator Michael H. Ranzenhofer today has announced $415,000 in state funding for three fire departments in Genesee County. 

“Today’s announced state investment will assist local fire departments and defray a major portion of expenses for important capital projects, while preventing a higher property tax burden for local homeowners,” Ranzenhofer said.

Oct. 8th marks the start of Fire Prevention Week. This year’s theme is "Every Second Counts: Plan 2 Ways Out!"

“Our volunteer firefighters are dedicated, and they are working tirelessly to protect and serve our communities each and every day,” Ranzenhofer said. “This financial support will ensure that life-saving services will continue to be available for Genesee County residents, businesses and visitors.”

Fire departments receiving grants include:

Alabama Fire Department: $165,000
The Alabama Fire Department will use the funds for a major capital project to upgrade the fire hall and build an addition for storage requirements. The project includes structure repairs, new insulation and windows, replacing a 31-year-old furnace, upgrading outdated plumbing and reworking electrical systems. 

The upgrades will make the department compliant with the Americans with Disabilities Act and National Fire Prevention Association recommendations for personal protection equipment storage. The improvements are estimated to save thousands of dollars per year due to lower energy bills and maintenance expenses.

“Our Fire Department faces challenges – from potential emergencies from the ever increasing trucks carrying chemicals, gasoline, and ethanol through our area to anticipated growth from the WNY STAMP Project. Senator Ranzenhofer’s grant will help to update our aging infrastructure. This state funding allows our volunteer firefighters to be better prepared, without passing additional costs to local property taxpayers,” said Alabama Fire Department President Robert Crossen.

The total cost is projected to be $236,000. A groundbreaking is tentatively planned for January. The project should be completed in six months.

Stafford Volunteer Fire Department: $150,000
The funding will be used for facility upgrades at Stafford Fire Department, including:

• Replacement of the original fire station roof;

• Improvements to damaged blacktop; and

• New energy-saving LED exterior lighting.

“Stafford Fire Department is very appreciative of the efforts of Senator Ranzenhofer in securing these much needed funds. We have been a financially secure organization for many decades with low town taxes due to our very successful antique car raffle. Supposed changes to the enforcement of charitable gaming laws have brought that to an abrupt end, burdening our local taxpayers. These funds will help our organization’s ability to respond at peak levels,” said Stafford Fire Department President James Call

The project is expected to start in April and be completed by next September. The project’s total cost is estimated at $225,000. 

Le Roy Fire District: $100,000
The Le Roy Fire District is planning to acquire land to expand parking and storage areas for fire safety equipment. The existing fire station – located at the intersection of routes 5 and 19 in the Village of Le Roy– is virtually landlocked, limiting the District’s capabilities. The existing parking area lacks enough spaces for firefighters to park their personal vehicles during an emergency response call.

“By acquiring property, the opportunity for future expansion will be assured, while meeting the immediate safety needs by providing zones for both emergency personnel accessing apparatus and the general public during operations from the station. Receiving this grant will allow us to complete the preliminary work and provide the needed additional financing to extend a purchase offer on the property,” said Le Roy Fire District Commissioner Gerald Diskin.

Grand Jury Report: indictments for attempted murder on Thorpe, trailer park burglary, plus Byron man accused of selling LSD

By Billie Owens

Tyshawn K. King (AKA "Bullet," AKA "Jodeci" or "Jodecee") is indicted for the crime of second-degree attempted murder, a Class B violent felony. It is alleged that on Sept. 20 in the area of Thorpe Street, near Maple Street, in the City of Batavia, that King -- with intent to commit second-degree murder, specifically with intent to cause the death of another person -- engaged in conduct "which tended to effect the commission of such crime" by shooting the intended murder victim with a gun. In count two, the defendant is accused of the crime of first-degree assault, also a Class B violent felony. It is alleged in count two that with intent to cause serious physical injury to another person, King caused such injury by means of a deadly weapon or dangerous instrument, a gun. In count three, King is accused of the crime of criminal use of a firearm in the first degree, another Class B felony, for allegedly commiting a violent felony offense and possessing a deadly weapon, in this case a loaded gun, and/or displaying what appeared to be a pistol, revolver or other firearm.

Marie L. Gardner and Jason A. Shaffer are indicted by the Grand Jury of Genesee County. In count one, Gardner is accused of the crime of first-degree burglary, a Class B violent felony. It is alleged that between Jan. 28 and 29 Gardner entered or remained unlawfully in a dwelling on West Main Street Road in the Town of Batavia, with the intent to commit a crime. In so doing, at some point she or another participant in the crime caused physical injury to a person who was not a participant in the crime. In count two, Shaffer is accused of the crime of second-degree burglary, a Class C violent felony. It is alleged in count two, that between Jan. 28 and 29, he entered or remained unlawfully in a dwelling on West Main Street Road in the Town of Batavia, with the intent to commit a crime. In count three, Gardner is accused of the crime of second-degree burglary, a Class C violent felony, for entering or remaining unlawfully inside the same dwelling during the same time period on a second occasion with the intent to commit a crime. In count four, Shaffer is accused of first-degree burglary, a Class B violent felony, for entering or remaining unlawfully inside the same dwelling during the same time period on a second occasion with the intent to commit a crime. In so doing, at some point he or another participant in the crime caused physical injury to a person who was not a participant in the crime. In count five, Shaffer is accused of the crime of second-degree strangulation, a Class D felony. It is alleged in count five, that at the same time and place, he acted with intent to impede the normal breathing or circulation of blood of another person by applying pressure on the throat or neck of the victim, thereby causing stupor, loss of consciousness and/or other physical injury or impairment. In count six, Shaffer is accused of the crime of third-degree attempted assault, a Class B misdemeanor, for intentionally attempting to cause injury to a person. In count eight, Gardner is accused of the crime of third-degree menacing, a Class B misdemeanor. It is alleged in count eight that Gardner used physical menace to intentionally place another person in fear of death, imminent serious physical injury or physical injury, or attempting to do so. In count nine, Shaffer is likewise accused of third-degree menacing for allegedly using physical menace to intentionally place another person in fear of death, imminent serious physical injury or physical injury, or attempting to do so.

Jacob J. Russell is indicted for the crime of criminal possession of a controlled substance in the fifth degree, a Class D felony. It is alleged that on March 31 in the Town of Byron that Russell knowingly and unlawfully possessed a controlled substance -- lysergic acid diethylamide -- more commonly known as the hallucinogen LSD, with intent to sell it. In count two, the defendant is accused of the same crime on the same day for allegedly knowingly and unlawfully possessing another controlled substance with intent to sell it, psilocybin mushrooms (sometimes called 'shrooms, or "magic mushrooms"), also a hallucinogen. In count three, he is accused of the same crime as in count two, but on a different day, April 7. In counts four and five, the defendant is indicted for the crime of criminal possession of a weapon in the fourth degree, a Class A misdemeanor, for allegedly possessing "a firearm, electonic dart gun, electronic stun gun, gravity knife, pilum ballistic knife (which has a detachable blade that can be ejected to a distance of several yards by pressing a trigger or operating a lever or switch), metal knuckle knife, cane sword, billy, blackjack, bludgeon, metal knuckles, chukka stick, sand bag, sand club, wrist-brace type sling or slingshot, shirken or "kung fu star," to wit, respectively: a gravity knife and a switchblade knife. In counts seven, eight and nine, he is accused of criminal possession of a controlled substance in the seventh degree, Class A misdemeanors, for allegedly knowingly and unlawfully possessing a controlled substance, psilocybin mushrooms, on March 31, and on two occasions April 7. In count 10, he is accused of another count of criminal possession of a controlled substance in the seventh degree, but this time it's for LSD. In counts 11, 12, 13 the defendant is accused of unlawful possession of marijuana ("contrary to Penal Law Section 221.05") for allegedly knowingly and unlawfully possessing marijuana on March 31 and twice on April 7, respectively, in the Town of Byron. In count 14, Russell is indicted for the crime of growing, by unlicensed persons, the plant known as cannabis (marijuana), which is a Class A misdemeanor. It is alleged in count 14, that on April 7 in the Town of Byron that Russell grew the plant of the genus Cannabis, or knowingly allowed it to grow on his land without destroying it; he allegedly grew it in his residence.

Randy K. Wilmet is accused by the Grand Jury of the offense of third-degree assault, based on Prosecutor's Information (#2017-01), which is a Class A misdemeanor. It is alleged that on July 21 in the City of Batavia that Wilmet intended to cause physical injury to another person and did so. In count two of the indictment, again based on Prosecutor's Information, Wilmet is accused of third-degree menacing, a Class B misdemeanor. It is alleged in count two that Wilmet on the same day, by means of physical menace, intentionally placed another person in fear of death, imminent serious physical injury or physical injury, or attempted to do so. On Sept. 29, Genesee County Court Judge Charles N. Zambito approved an order authorizing the filing of the Prosecutor's Information charging the defendant with the offenses, which were subsequently filed with City of Batavia Court.

Meghan K. Gould is indicted for the crime of fourth-degree grand larceny, a Class E felony. It is alleged on between Oct. 5 and Oct. 19, 2016, that she stole U.S. currency in excess of $1,000.

Matthew H. Delosh is accused of the crime of aggravated unlicensed operation in the first degree, a Class E felony. It is alleged in the indictment that on May 8 in the City of Batavia that Delosh drove a 2003 Saturn on Evans Street, Ellicott Street and South Swan Street while knowing, or having reason to know, that his driver's license was suspended or revoked by authorities and that at the time he was under the influence of alcohol or a drug. In count two, he is accused of the crime of driving while intoxicated, as a misdemeanor, on the same day and in the same places. In Special Information, the District Attorney accuses the defendant of having been convicted of driving while ability impaired by alcohol on April 19, 2012 in the Town of Salina Court, County of Onondaga, and that conviction forms the basis for the suspension or revocation referred to in count one of the indictment. Furthermore, the DA accuses Delosh of knowing, or having reason to know, that the prior conviction existed and that his driving privilege was therefore suspended or revoked because of that prior conviction.

John P. Daley is accused of the crime of driving while intoxicated, as a Class E felony. It is alleged in the indictment that on May 21 in the Town of Alabama, Daley drove a 1998 Honda on Route 77 while in an intoxicated condition. In Special Information filed with the indictment, District Attorney Lawrence Friedman accused Daley of having been convicted of the crime of aggravated driving while intoxicated, per se, as a Class D felony. The DA accuses Daley of being so convicted on June 19, 2008 in Erie County Court, and the conviction was within 10 years of the crimes alleged in this indictment.

Law and Order: Batavia man arrested at Fire Hall on trespass charge

By Howard B. Owens

Anthony J. Nobile, 28, of New York Place, Batavia, is charged with trespass. Batavia PD was dispatched to 18 Evans St., Batavia, which is the City of Batavia Fire Hall, to investigate a complaint of a male subject who would not leave. Nobile was arrested and released on an appearance ticket.

Kiha Samuel McNear, 19, of Walnut Street, Batavia, was arrested on a warrant for alleged failure to appear. McNear was located by Officer Frank Klimjack and taken into custody. He was arraigned and jailed on $1,000 bail.

Tyrone N. Thigpen Sr., 40, of Jackson Street, Batavia, is charged with criminal contempt, 2nd. Thigpen allegedly violated a stay away order of protection at 7:50 a.m., Monday.

Jordan B. Abrams, 25, of Alabama, is charged with harassment, 2nd. Abrams was arrested by State Police in connection with an incident reported at 10:24 p.m. Sept. 24 in the Town of Alabama. No further details released.

Felicia A. Dumar, 27, of Byron, is charged with endangering the welfare of a child. Dumar was arrested by State Police in connection with an incident reported at 10:07 a.m. Tuesday on Swamp Road, Byron. No further details released.

Russell S. Almeter, 63, of East Aurora, is charged with DWI and driving with a BAC of .08 or greater. Almeter was stopped by State Police at 12:14 a.m. Wednesday on the Thruway exit ramp in Pembroke. He was also charged with unlawful possession of marijuana.

Pair of Orleans County resident accused of illegally dumping tires at the Iroquois Wildlife Refuge

By Howard B. Owens

A resident in Alabama near the Iroquois Wildlife Refuge reportedly spotted two men with a pickup bed full of worn tires dumping them in the wetlands at about 10:42 a.m. Thursday and reported it to State Police.

Arrested were James H. Calus, 45, of Medina, and Jerry E. Nichols, 64, of Albion.

Both were issued appearance tickets for an alleged violation of the State's Environmental Conservation Law, section 9-0303, for illegal dumping on state land.

The incident occurred in the area of 1101 Casey Road, Alabama.

Law and Order: Judge Road resident charged with assault

By Howard B. Owens

Shane Kyle Logan, 45, of Judge Road, Tonawanda Indian Reservation, is charged with assault, 3rd. Logan allegedly struck another person in the face with his fist with intent to cause physical injury.

Renae Ginine Porter, 37, of East Main Street, Batavia, is charged with petit larceny. Deputy Ryan DeLong responded to a complaint of shoplifting in progress at Kohl's Department Store at 4:19 p.m. Monday. Porter was identified as the suspect, located and taken into custody. DeLong was assisted by Trooper Bill Franz and Batavia PD Officer Chris Lindsay.

Jeremy L. Lonnen, 26, of Garland Avenue, Rochester, is charged with aggravated unlicensed operation, 2nd, and failure to use headlights. Lonnen was stopped at 9:51 p.m. Saturday on Holland Avenue, Batavia, by Officer Christopher Linsday. Lonnen was jailed on $1,000 bail.

Nicholas M. Canty, 20, of Law Street, Batavia, is charged with criminal use of drug paraphernalia, 2nd. Canty was arrested by Officer Stephen Cronmiller following an investigation into an incident where Canty may have been under the influence of drugs at 10:15 a.m. Saturday on Law Street, Batavia.

Barbara E. Ferrando, 46, of Summit Street, Batavia, was arrested on a warrant. Ferrando was located by a probation officer and taken into custody by Batavia PD.

Jaylyn Shayquawn Strong, 22, of Mazda Terrace, Rochester, is charged with aggravated unlicensed operation, 3rd, driving without a license, no stop lights, unlawful possession of marijuana, and aggravated unlicensed operation, 2nd. Strong was arrested on a warrant by the Sheriff's Office and turned over to Batavia PD.

Law and Order: 'Destro' helps find alleged drunken driver who fled accident

By Howard B. Owens

Michael Alan Shelter, 27, of Lewiston Road, Alabama, is charged with: DWI; driving with a BAC of .08 or greater; criminal possession of a controlled substance, 7th; aggravated unlicensed operation, 2nd; and leaving the scene of a property damage accident. At 2:23 p.m., deputies responded to a report of a motor-vehicle accident on Maple Road, Alabama, where the driver had fled the scene. Deputy Chris Erion and K9 "Destro" were dispatched and Shelter was located not far from the scene of the accident. The incident was investigated by Deputy Eric Meyer.

Aaron Robert Webb, 21, of West Combe Park, West Henrietta, is charged with unlawful possession of marijuana, failure to stop at stop sign and insufficient tail lamp. Webb was stopped at 11:57 p.m., Thursday, on Telephone Road, Pavilion, by Deputy Eric Meyer.

Joshua A. Aughenbaugh, 23, of Junction Road, Pavilion, is charged with endangering the welfare of a child and harassment. Aughenbaugh is accused of holding a child behind a running vehicle in an attempt to prevent the child's mother from putting the vehicle in reverse. Aughenbaugh is also accused of butting heads with the woman and shoving her. He was jailed on $500 bail.

Leaha RaeAnne Wimmer, 25, of Allen Road, Albion, is charged with grand larceny, 4th. Wimmer allegedly stole a debit card and made purchases with it.

Emergency coordinator completes FEMA training

By Howard B. Owens

Press release:

William Schutt graduated from FEMA’s National Emergency Management Advanced Academy (formerly the Leaders Academy) at the Emergency Management Institute in Emmitsburg, Md., after he completed the full curriculum that provides the strategic level training and education in the essential skills and tools for emergency management professionals to lead dynamic and resilient programs.

Schutt completed the four resident courses with three short distance learning sessions in the Advanced Academy including: A Survey of Advanced Concepts in Emergency Management; Assessment and Application of Professional Style in Emergency Management; Advanced Concepts and Issues in the Emergency Management Organization; and Advanced Concepts and Issues in the Emergency Management Community and Profession.

FEMA’s National Emergency Management Advanced Academy reinforces the qualities needed to lead emergency management programs, provides relevant management theories and concepts, and utilizes appropriate case studies. By working within their series, Advanced Academy participants work within a collaborative environment on projects and establish a network of their peers.

The Academy is designed for emerging leaders and mid-level managers wanting to advance their skillset. Students learn skills critical to performing leadership responsibilities such as program management and oversight, effective communication at all levels, integrated collaboration, and strategic thinking. The Advanced Academy provides students the opportunity to demonstrate their critical thinking ability through a guided research project. Students apply the key learning concepts from the Advanced Academy curriculum relative to their own skillsets and abilities within their organizations, and their own performance environments.

FEMA’s Emergency Management Professional Program (EMPP) curriculum is designed to provide a lifetime of learning for emergency managers and includes three separate, but closely threaded, training programs including the National Emergency Management Basic Academy; a specialized and technical training program to develop specific, fundamental skill sets; the National Emergency Management Advanced Academy; and the National Emergency Management Executive Academy; a program designed to challenge and enhance the talents of the nation’s emergency management senior executives through critical thinking, visionary strategic planning, challenging conventional concepts, and negotiation and conflict resolution applied to complex real-world problems.

William Schutt completed his training on Sept. 15.

Photo: FEMA’s Emergency Management Institute (EMI) graduated William Schutt who completed all requirements of the National Emergency Management Advanced Academy. Paul Butki, acting superintendent of EMI is shown congratulating William as he graduates. Shane Gibbon /FEMA

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