batavia

Charles Men's Shop always has interesting and attractive window displays, but the clothing featured are usually the in-season fashions for the sharp-dressed man.  For the past several weeks, the store has been featuring a line of clothing it doesn't even carry -- the uniforms of heroes. One window is dedicated to hometown heroes -- police and fire -- and the other to the U.S. military. Don Brown said he and Dave Howe saw the display as a way to give back to the community by showing appreciation for the men and women who put their lives on the line to keep us safe and free.

Amie P. Bloyer, 35, of Washington Avenue, Batavia, is charged with criminal mischief, forcible touching and second-degree burglary of a dwelling. Bloyer was arrested Aug. 26 following an investigation into a domestic incident. It is alleged that Bloyer damaged a window to unlock a door on Ellicott Street, entered the residence, grabbed the victim by his genitals, slapped the victim, and broke his eyeglasses. It is also alleged that Bloyer punched another female who was in the residence at the time. The case was investigated by Batavia Police Officer Matthew Wojtaszczyk, assisted by Officer Stephen Cronmiller.

Edwin Francis Voelker, 47, of Lewiston Road, Oakfield, is charged with: driving while ability impaired by drugs, with two prior convictions within the last 10 years; first-degree aggravated unlicensed operation; speed violation (62 in a 30-mph zone); unlawful possession of marijuana; and operation of a motor vehicle by an unlicensed driver. Voelker was arrested Aug. 30. on Main Road in Pembroke. It is alleged that he was driving a vehicle after consuming a drug that impaired his ability to safely operate a vehicle on a public highway. He was put in jail on $25,000 bail. The case was investigated by Genesee County Sheriff's Deputy Joseph Corona, assisted by Deputy Gregory Walker.

Kimberly A. Brodsky, 24, of Bank Street, Batavia, is charged with: second-degree aggravated unlicensed operation (having three or more suspensions on three different dates); criminal use of drug paraphernalia, 2nd; criminal possession of a controlled substance, 7th; unlicensed driver (expired Aug. 22, 2015); and operating a motor vehicle with an obstructed view. Brodsky was stopped at 11:34 a.m. on Aug. 28 on Ross Street by Batavia Police Officer Frank Klimjack for a traffic violation. A subsequent investigation revealed that Brodsky has no NYS driver's license and her operating privilege has been suspended five times on five different dates. She was also found to be in possession of a controlled substance and drug paraphernalia. She was arraigned and put in jail on $5,000 bail. The  case was investigated by Batavia Police Officer Marc Lawrence, assisted by Officer Klimjack.

Joseph Paul Lanphear, 31, of Rutgers Street, Rochester, was arrested Aug. 28 for: two counts of criminal possession of a weapon in the fourth degree; aggravated unlicensed operation, 2nd; and speeding (52 in a 30-mph zone). It is alleged that Lanphear was found to be in possession of metal knuckles, a billy club, and that his driver's license was suspended and that he was traveling 52 mph in a 30-mph zone on Buffalo Road in Bergen. He was issued an appearance ticket for the Town of Bergen Court at a later date. The case was investigated by Genesee County Sheriff's Deputy Joseph Corona, assisted by Deputy Bradley Mazur.

Danny D. Williams Sr., 26, of Pearl Street, Batavia, is charged with endangering the welfare of a child, and second-degree harassment. At midnight, Aug. 31, Williams was arrested following an incident on Vine Street where he allegedly pushed a child up against a wall. He was issued an appearance ticket for City Court Sept. 1. The case was investigated by Batavia Police officers Christopher Lindsay and Jason Ivison.

Shannon Marie Micucci, 46, of Bonnie Brae Drive, Darien, is charged with second-degree harassment. Micucci was arrested Aug. 29 at 12:30 a.m. following a domestic incident wherein she allegedly shoved a male during a verbal altercation. She was given an appearance ticket for Darien Town Court on Sept. 1. The case was investigated by Genesee County Sheriff's Deputy Andrew Hale.

Brazil Gerald Brooks Peterson, 19, of Augustine Street, Rochester, is charged with: operating a motor vehicle while ability impaired by drugs, first offense; criminal possession of a controlled substance, 7th; unlawful possession of marijuana; and a speed violation -- exceeding 55 mph. He was arrested at 1:26 a.m. on Aug. 29 on Clinton Street Road, Bergen. He was issued an appearance ticket and is due in Bergen Town Court at a later date. The case was investigated by Genesee County Sheriff's Deputy Joseph Corona.

Glenn Hammond, 57, Woodstock Gardens, Batavia, is charged with: driving while intoxicated with a BAC of .08 or more, first offense; driving while intoxicated, first offense; and running a red light. He was arrested at 1:20 a.m., Aug. 30, after a traffic stop on Trumbull Parkway. He was released on an appearance ticket and is scheduled to appear in City Court on Sept. 9. The case was handled by Batavia Police officers Christopher Lindsay and Eric Foels.

Roxanne Marie Crawford, 51, of Clinton Street Road, Bergen, was arrested Aug. 30 for third-degree burglary and petit larceny. She allegedly stole $25 worth of merchandise from Walmart. She was allegedly arrested at another Walmart store during a previous incident then banned from all Walmart properties. She was jailed without bail and is due back in Batavia Town Court Sept. 28. The case was investigated by Genesee County Sheriff's Deputy Jason Saile, assisted by Deputy Christopher Parker.

Erica Michelle Raphael, 30, of East Main Street Road, Batavia, is charged with petit larceny. On July 15, she allegedly stole $159.71 worth of merchandise from Kohl's. She was put in jail on $5,000 bail after being arrested at the Batavia Town Court Aug. 24 where she appeared on unrelated burglary and petit larceny charges. The case was investigated by Genesee County Sheriff's Deputy Christopher Parker.

Zachary I. Miller, 19, of Ganson Avenue, Batavia, is charged with fourth-degree criminal mischief. On Aug. 25 on Swan Street in the City of Batavia, Miller allegedly punched and broke two glass window panes. He was issued on appearance ticket for City Court on Sept. 1. The case was handled by Patavia Police Officer Frank Klimjack.

Klarissa C. Price, 37, of Cleveland Avenue, Niagara Falls, was arrested Aug. 28 on a bench warrant issued by Batavia City Court for failure to appear. Price was put in jail in lieu of $1,000 bail. The case was investigated by Batavia Police Officer Frank Klimjack, assisted by Officer Jason Davis.

Christopher M. Smith, 21, of School Street, Batavia, was arrested Aug. 25 on an unspecified bench warrant and subsequently released on his own recognizance and given a court appearance date. The case was handled by Batavia Police Officer Matthew Wojtaszczyk.

A scheduled court appearance for Christina M. Colantonio, the 28-year-old Liberty Street resident accused of murdering her newborn baby sometime in May or June and keeping the body in her apartment, has been adjourned until 11 a.m., Thursday.

Colantonio, who is being held in jail without bail, was originally scheduled to appear this afternoon to answer to the murder in the second degree charge for the first time with a defense attorney present.

She was initially arraigned on the charge Saturday afternoon.

There is little available in the court file on Colantonio, just a document known as an accusatory instrument. It indicates the murder, 2nd, charge is substantiated by verbal statements made by Colantonio. If those statements were written down by investigators, that document has not yet become available.

A spokesman for Batavia PD said he couldn't answer whether such a document exists and said he's been told to direct all questions to the District Attorney's Office. Attempts to reach District Attorney Lawrence Friedman were unsuccessful.

Colantonio reportedly gave birth to a child in May or June. Authorities have not disclosed how soon after giving birth they believe Colantonio killed the female infant.  

The body of the infant was seen being removed from Colantonio's residence at 208 Liberty St., Batavia, in a 48-quart ice chest. The body was taken to the Monroe County Medical Examiner's Office and information from any ME's report is not yet available.

Authorities have not disclosed how they believe the baby died.

The GLOW Ducks youth football program opens its 2015 season today at Notre Dame's football field, and for the first time, it fielded a team of 5-,6- and 7-year-olds, who needed quite a bit instruction as the game progressed.

The other night the neighborhood around Ganson and Maple in Batavia was hit by a series of thefts. This sign appeared on a tree on Ganson.

A 28-year-old Batavia resident has been arrested and charged with murder in the 2nd degree in the death of her newborn infant.

The female infant had apparently been dead for three months when police responded to a call at 11:20 p.m. of a suspicious condition at 208 Liberty St.

A third party reportedly discovered the dead infant's body and called police, and when police arrived they confirmed the discovery of the body.

Being held in jail without bail is Christina M. Colantonio. She is scheduled to appear in court again at 1:30 p.m., Monday.  

Police are not releasing the cause of death because of the ongoing nature the investigation. Investigators believe the infant was killed a short time after birth, which police believe took place at Colantonio's residence, but are not saying if death was immediate, within hours or days.

District Attorney Lawrence Friedman said murder in the second degree means the accused is suspected of intentionally causing the death of another person, but he would not disclose what evidence exists to convince his office that Colantonio should be prosecuted on a murder 2nd charge.

"We have enough to come to the conclusion that the death was intentionally caused, but because of the fact that we do not have a final autopsy report and because the investigation is ongoing, we won't be indicating anything further at this time," Friedman said.

After the press conference, we spoke with a neighbor, who didn't want to disclose his name, and he said he was outside two nights ago when police and the coroner were at Colantonio's residence. He saw authorities bring a 48-quart ice chest out to the street, remove a small body and place it in a body bag.

Authorities have not disclosed where the infant's body's was in the house at the time of its discovery.

Another neighbor, David Zanghi, said Contantonio worked at Sport of Kings restaurant and described her as a quiet woman who kept to herself and never was involved in any kind of disturbance.  

"She seemed like a pretty nice girl," he said.

Contontonio lived in the apartment by herself, police said. She has two other children.

Authorities are not disclosing anything about the father of the baby.

Det. Todd Crosett and District Attorney Lawrence Friedman.

The Batavia Police Department has scheduled a press conference for 5:30 p.m. to announce an arrest in the investigation into an infant death.

No further details have been released.

The Batavian will provide updates as soon as information is available.

UPDATE: The time of the press conference has been changed to 6:30 p.m. 

There was at least one car break-in in the Maple Street area of Batavia overnight, and among the items stolen was this backpack owned by Gunner Rapone.

Rapone was a standout in football and track and field with Batavia High School and starts college at SUNY Brockport this fall, where he'll compete in track and field.

This backpack has high sentimental value to Rapone. He received it for qualifying for the National High School Track Championship. The bag says "#ThatGuy" just above the zipper.

Rapone can be reached at guy.rapone@gmail.com.

A driver who said she fell asleep, leading to an accident Thursday afternoon on Assemblyman R. Steven Hawley Drive, Batavia, was cited for crossing the center line in a no-passing zone by Deputy Joseph Graff, who investigated the collision.

A. R. Jeering, 55, address redacted from report, was among three people injured in the three-car crash. She was transported to UMMC by Mercy EMS with a complaint of pain.

She was driving a 2011 Chevrolet sedan.

Also injured were Kaeleigh S. Disalvo, 21, no address provided, driving a 2008 Buick sedan, and Eric J. Merritt, 26, address redacted, driving a 2008 Ford sedan. Both were transported to UMMC by Mercy EMS with complaints of pain.

Merritt's passenger, 29-year-old Gregory A. Merritt, was not transported to a hospital.

Jeering was driving up the hill on Hawley Drive, westbound, when her vehicle crossed the center line and struck the vehicle driven by Disalvo and then the one driven by Merritt.

(Initial Report)

A two-car accident with injuries and possible entrapment is reported at R. Stephen Hawley Drive and 99 MedTech Drive in Batavia. Town of Batavia fire and Mercy medics are responding.

UPDATE 4:56 p.m.: Stafford Fire Police requested to the scene for traffic control. They are going to shut down R. Stephen Hawley Drive at Batavia Stafford Townline Road.

UPDATE 5:05 p.m.: A responder on scene reports a patient who is trapped will probably not need to be extricated. Their efforts to free the victim seem to be working.

UPDATE 5:18 p.m.: This was a three-car collision. There are four patients and all are being transported to UMMC via ground ambulances. A female driver of a sedan told responders she fell asleep at the wheel while she was traveling uphill, then she swerved and hit two oncoming cars.

The Batavia Blue Devils varsity football team hosted the Batavia Bulldawgs youth football program at Van Detta Stadium on Wednesday night.

(Photos submitted by John Reigle.)

Members of Genesee County's rope rescue team trained at Indian Falls -- the site of many such real-life rescues over the years -- with a new rope system, called a Vortex.

The $25,000 system (including LED lighting) features a more sophisticated, and more effective and efficient, pulley system, making it easier to keep the ropes clear of obstructions and requiring less exertion of force to raise a patient lifter, making it easier for a medic to accompany the patient up the side of the cliff. 

Top photo: Christina Marinaccio and Jamie Call, the first team to descend and ascend with the new system. Marinaccio and Call are both city firefighters and volunteers (with Le Roy and Stafford, respectively).

To find out how you can do interesting things like this, help save lives and serve your community, visit ReadyGenesee.com.

Amanda Rose Hagedorn, 25, of West Hazeltine Avenue, Kenmore, is charged with criminal contempt, obstructing governmental administration and attempted assault, 3rd. Hagedorn allegedly bit a deputy during her arraignment on a previous arrest and then again while being removed from the courtroom and placed in a patrol car.

Roseann Cooper, 46, of Pearl Street, Batavia, is charged with petit larceny, harassment, 2nd, aggravated unlicensed operation, 2n,d and failure to stop at stop sign. Cooper is accused of shoplifting from Dollar General. She allegedly shoved a store employee when confronted about the suspected shoplifting. Cooper left the location and a customer called 9-1-1. Cooper was located allegedly driving on Walnut Street.

Melinda T. Andrews, 42, of Walnut Street, Batavia, is charged with harassment, 2nd. Andrews was allegedly involved in a domestic incident on Holland Avenue at 1:05 a.m., Sunday.

Scott Edward Yocina, 58, of Phelps Road, Corfu, is charged with criminal possession of marijuana, 4th, and unlawful growing of marijuana. Yocina was charged related to the alleged discovery of a marijuana growing operation at 4:15 p.m., May 4.

Joseph Carl Jeffords, 24, of Ross Street, Batavia, is accused of a violation of probation. Jeffords was turned over to Batavia PD by authorities in Wayne County, where he was in custody on charges in their jurisdiction. He was jailed locally on $5,000 bail.

Lonnie J. Ford III, 44, of Ellicott Street, Batavia, is charged with open container. Ford is accused of possessing an open container of alcohol while in the pavilion at Austin Park.

Jeffery James Cervone, 47, no known address, Batavia, is charged with criminal mischief, 4th. Cervone allegedly damaged and threw items around in a room at UMMC.

Stephen J. Konieczny, 37, of Ross Street, Batavia, is charged with criminal mischief. Konieczny allegedly threw a bottle of water at a vehicle causing damage.

Thomas Swineford, 61, of West Main Street, Batavia, is charged with disorderly conduct. Swinford is accused of urinating on a tree in Austin Park. He was reported by a passerby.

Alex J. Ianita, 21, of Bank Street, Batavia, is charged with endangering the welfare of a child, unlawful imprisonment, third-degree assault, petit larceny and second-degree robbery. Ianita was allegedly involved in a domestic incident at 11:25 a.m., Aug. 16.

Timothy A. Banks, 24, of Columbia Avenue, Batavia, was arrested on a warrant. Banks allegedly failed to appear on an open container charge. He was jailed on $100 bail or $200 bond.

Ellicott M. Hickman Jr., 24, of Hutchins Street, Batavia, is charged with trespass in a city park (between dusk and sunrise). Hickman was allegedly in Williams Park at 5:08 a.m., Aug. 20.

A former local small business owner appeared in county court to answer for a series of thefts in Genesee County that he said was spurred by his addiction to heroin.

Jason D. Lang, 33, of Liberty Street, entered guilty pleas in June to two counts of grand larceny, 4th, related to thefts from Walmart and Target. The guilty plea satisfied a whole raft of similar charges. 

Already in state custody on convictions in neighboring counties, Lang was told today his sentence on the local charges would be one-and-a-half to four years.

The sentences are concurrent to his previous sentence. Lang's attorney told Noonan that a parole board had already told Lang he would be released Sept. 5.

The new sentence throws that release date into doubt. The board will need to take into consideration Noonan's new sentence. At this point, it's unclear when Lang might be released.

"Mr. Lang is eager to return to his community and be productive again," said attorney Jon Wilson.

Lang has been in drug and alcohol treatment and Wilson said he's doing very well. 

"He's committed himself to turning around his world," Wilson said.

Once the successful owner of Batavia Cab, Lang opened a smoke shop and tattoo parlor known as The Laughing Buddha. It may have been the first local shop, just prior to the 420 Emporium opening, to sell bath salts and synthetic marijuana.  

In the Summer of 2012, when local law enforcement and emergency personnel were dealing with a series of peculiar incidents that seemed to stem from bath salt use, Lang was often in the news. He was arrested after imagining and reporting gunfire at a local hotel. He was also accused of impersonating a police officer.

In the midst of his legal troubles, and after his store was shut down and the cab company sold, his family organized a protest outside the 420 Emporium over that store's continued sale of bath salts. (Owner Charles Fitzgerald who owned other locations as well, is currently serving a federal prison term related to his trade in synthetic drugs.)

Lang reportedly kicked the bath salt habit, but then turned to heroin. He was accused of shoplifting from Hamburg to Victor, including in Batavia, during this period.

Wilson said his client has been in treatment at Lakeview since March and has completed both the drug and alcohol portions of the program.

When asked to speak, Lang was contrite.

"I'm sorry for the crimes I committed," Lang said. "I never would have did them if not for my heroin addiction. The past three years have been hard. I put the community through hell, my parents through hell, my children through hell. I'm really regretful for what I did."

Noonan reminded Lang that he wasn't the victim in this case and was in no mood to fashion a sentence that would guarantee Lang could keep his Sept. 5 parole date.

"Let that be the last time you blame heroin for your crimes," Noonan said. "Heroin didn't commit your crimes. You committed your crimes."

Richard D. Cohen, 46, of Ellicott Avenue, Batavia, is charged with petit larceny. Cohen is accused of stealing 13 framed pictures from the walls of Terry Hills Restaurant and Banquet Facility. Cohen allegedly entered a conference room at Terry Hills on Aug. 7 and removed the pictures from the walls and placed them in his vehicle. The next day, after management noticed the pictures were missing, they reviewed video footage of the conference room area and members of the staff recognized Cohen and identified him as the suspect. The pictures were subsequently located in his vehicle. The case was investigated by Kris Kautz.

Sherry Maryanna Steffans, 34, of Stony Point Road, Grand Island, is charged with DWI, driving with a BAC of .08 or greater, failure to keep right and failure to yield to an emergency vehicle. Deputy Patrick Reeves attempted to make a traffic stop on Steffans' vehicle at 12:12 a.m. Saturday on Main Road, Pembroke, and Steffans allegedly failed to yield for more than a mile.

(Photo submitted by Adam L. Palumbo, president, Firefighters Union Local 896.)

Firefighters Union Local 896 President Adam Palumbo says: "Captain Michel's memorial plaque was installed Saturday at headquarters (on Evans Street) by Derrick Monument Company. Local 896 would like to thank everyone who assisted in making the 50th anniversary memorial ceremony a success. Captain Michel will not just be a name on the wall, he will forever be remembered."

Press release:

The City of Batavia has partnered with PathStone Corporation to provide homeowners and landlords access to services that will provide a greater ability to maintain and manage their properties and build a stronger a community. In addition, the City is taking a proactive step to provide landlords with additional tools to screen potential tenants and monitor their properties.

“We have caring residents and great neighborhoods. The partnership with PathStone and additional programs by the Police Department will help our residents add value to their homes,” said Council President Brooks Hawley. “These new initiatives are geared towards providing homeowners and landlords with greater resources and tools for improving and maintaining their properties. The programs are designed to help current owners add to the existing stability of the City’s housing stock.”

Stuart J. Mitchell, president and CEO PathStone Corporation said, "PathStone Corporation is very pleased to partner with the City of Batavia to provide comprehensive housing services to landlords, tenants and homeowners. Our years of hands-on experience and expertise combined with generous funding will make it possible for many families and businesses to improve living conditions for both owner-occupied and rental properties. The City of Batavia will benefit from an improved housing stock and a stabilized and expanded tax base."

The following initiatives are announced to help homeowners and quality rental properties continue to succeed.

In partnership with PathStone Corporation through a New York State Energy Research and Development Authority (NYSERDA) grant, PathStone will be providing free workshops to homeowners and landlords so they can receive free/reduced cost energy audits, income-based energy improvements grants of up to 50 percent, and help them access low interest NYSERDA loans to make their homes and rental units more comfortable and reduce utility bills.

Following these workshops, PathStone continues to assist landowners by selecting Energy Star contractors and identify alternative funding for their home improvements. The next free energy-saving workshop will be Oct. 20th from 5:30 to 7 p.m. at the Batavia PathStone office, 7 Batavia City Centre. For more information please call (585) 442-2030, ext. 213.

The City will be partnering with The Housing Council at PathStone to host the area's first Operating Rental Property Workshop. It will be held from 10 a.m. to 5 p.m. on Saturday, Oct. 10. The workshop will cover topics such as Fair Housing Laws, Screening & Selection of Tenants, Leases & Security Deposit, and Overview of Eviction Process. Also, special guest and local attorney Thomas Williams, Esq., will present on neighborhood legal services and navigating the legal system as a landlord. The cost of this workshop is $45 per person. Pre-registration is required, for more information call (585) 546-3700, or register on-line at www.RocLandlord.com.

The City Police Department will be providing landlords with the ability to easily request tenant records checks for tenant selection. Records checks have to be submitted in person to the Police Department by potential tenants and the City Police Department will provide both the tenant and landlord with a search of all Batavia Police Department records and the Genesee County Sheriff’s records for any arrest and contact information about the tenant within the last five years. The cost of the records check is $10 and can be paid by the tenant. Forms can be downloaded from the City website at http://www.batavianewyork.com/Files.

The City Police Department will be providing landlords with the ability to receive Police Department contact reports for their respective properties. Similar to a Freedom of Information Law (FOIL) request, a property owner can request a report including police contact with their respective rental properties that will include the date, time, location and incident type. This will provide landlords with easy access to information pertaining to activity surrounding rental properties.

FOIL requests only have to be completed once by the landlord providing the property address(es) they would like to receive information regarding and on the second Monday of every month a PDF report, including all police contacts for their respective properties, will be e-mailed to the landlord. Paper reports can be requested at $.25 (cents) per page. Any unauthorized information will be redacted per FOIL and released. Forms can be downloaded from the City Web site at http://www.batavianewyork.com/Files.

"The police department tenant record check and contact reporting is another avenue for landlords to get tenants in their rentals that are beneficial and positive for the city's neighborhoods" said Council President Hawley.

The City’s 2012 Community Improvement Plan recommended the City take advantage of its existing residential stability and affordability by developing programs that will generate the greatest reinvestment in existing housing stock. The plan identified that the City’s stable and affordable housing market, both owner-occupied and rental, as a great value.

PathStone is a Rochester based not-for-profit community development and human services organization, that provides services to low-income families and economically distressed communities throughout New York, Pennsylvania, New Jersey, Ohio, Indiana, Virginia, Vermont, and Puerto Rico. It is a certified Community Development Financial Institution (CDFI).

The Housing Council at PathStone is one of New York State’s largest HUD-approved comprehensive housing counseling agencies. A not-for-profit corporation founded in 1971, in Rochester, The Housing Council provides landlord education, foreclosure prevention, pre-purchase counseling, emergency housing services and fair housing education. The Housing Council provides property management tools and strategies to landlords in order to enhance their business skills and familiarize them with their rights and responsibilities.

When the two brothers appeared in Genesee County Court this afternoon with their mother, they did not appear as young men you would readily pick out as those accused of a violent gang assault.

Polite, well dressed and clean cut, Terrence D. Johnson and Leonard A. Johnson III, entered not guilty pleas to the charges of first-degree gang assault 1st and first-degree assault.

They were indicted by a grand jury, along with Terrance M. Schramm, for their alleged part in the assault of a man on Holland Avenue in the city on April 29.

Initially, charged with a misdemeanor of assault, 3rd, Schramm and the Johnsons, faced the more serious felony counts once the case was presented to the grand jury.

The gang assault statute really has nothing to do with whether the defendents are affiliated with a street gang -- in fact, there's no indication that's the case here -- but that a violent act was carried out with more than two people participating. The exact language of the penal code is:

A person is guilty of gang assault in the first degree when, with intent to cause serious physical injury to another person and when aided by two or more other persons actually present, he causes serious physical injury to such person or to a third person.
 

Schramm and the Johnson brothers were allegedly involved in an argument with the victim at 27 Holland Ave. and are accused of kicking the victim and using some hard object, such as brass knuckles, to hit him.

The victim's injuries were initially reported as minor, hence the initial misdemeanor charge, but District Attorney Lawrence Friedman sought the felony counts as the result of the victim apparenlty suffering "permanent impairment of health."

The exact nature of the victim's injuries are not available at this time.

Leonard, 22, appeared in court in a sharp gray suit, white shirt and tie. Terrence wore gray pants, a lighter gray shirt and a tie.  

Friedman did not seek bail for either defendant. They were both released under supervision of Genesee Justice.

Noonan noted that given the serious nature of the charges, a no-bail release is unique.

"A gang assault charge would normally result in a sustantial bail," Noonan said. "It's a great concession to Mr. (Leonard) Johnson to release him under supervision."

There is no record of prior arrests for Terrence Johnson, which contributed to his ability to get a release under supervision.

Leonard Johnson, who lives with his brother on Hutchins Street, must be in his residence every day from 6 p.m. until 7 a.m. Terrence Johnson can only be out during those hours while at work or traveling directly to and from work.

They are to have no contact with the alleged victim.

The attorney for the 25-year-old Schramm is on vacation so his arraignment on the grand jury indictment won't be until next week.

The three men are facing from five to 25 years in state prison on the Class B violent felonies.