batavia

Edward Jordan White, 21, of Michigan Street, Lockport, is charged with criminal use of drug paraphernalia, 2nd, unlawful possession of marijuana and aggravated unlicensed operation, 2nd. White, who is currently on parole, was stopped by Batavia police officers after being observed driving in the city. During the traffic stop he was allegedly found to have a suspended license and in possession of marijuana and drug paraphernalia. He was jailed on $5,000 cash or $10,000 bond. The Local Drug Task Force assisted in the investigation.

Billy Joe Johnson, 39, of West Main Street, Batavia, is charged with forcible touching. Johnson allegedly forcibly touched the intimate parts of another person while in a store on Veterans Memorial Drive at 9:15 p.m., Feb. 14.

Sergio Antonio Forte, 51, of Myrtle Street, Le Roy, was arrested on a warrant stemming from a charge of unauthorized of a use of a vehicle, 2nd. Forte turned himself in at the Sheriff's Office on the warrant. He was jailed without bail.

After a ceremony honoring the wound care team at UMMC, a patient who had sat quietly at the back of the room spoke up and said, “I want to thank everyone here because if it wasn’t for you, I would have lost my leg. I’m just grateful.”

That was the message of the award, according to Stacey Bancker, a representative of Healogics, the nation’s largest wound care management company, which presented the award.

Of nearly 400 patients treated by the team, 94 percent had their wounds healed, Bancker said. There was a 92 percent patient satisfaction rate and the median number of days to heal was 21.

"We can talk about the numbers, but this really is a patient care ward," Bancker said.

That was a point stressed by Dan Ireland, the hospital's CEO when he spoke to congratulate the team members.

"This isn’t about the metrics," Ireland said. "It isn’t about the numbers. It’s about the real people and the patients. Our mission statement at Rochester Regional Health, United Memorial, starts with preserving health and enhancing the life of patients. There isn’t a better example of where we can do that than in the heal rate we see here and in the care the patients receive."

Bancker said there were 800 wound centers in the nation eligible for the award and only 334 were recognized for outstanding patient care results.

Dr. Mohamed M Ibrahim, a general surgeon before joining the wound care team nearly two and a half years ago, said he was really proud to be part of the team. As a surgeon he had been on the other end of the wound care process, he said, and then he didn't realize how much more there was to know about wound care. 

“I have to say, I’ve learned a lot from our nurses," he said. "Our nurses are very knowledgeable, so I would like to thank everybody on our great team.”

Program Director Lisa Albanese also emphasized the team aspect of the effort and how the numbers are merely a reflection of the team's focus on taking care of patients.

"Even though the numbers are driven by KPIs (key performance indicators), the bottom line is every day we make a difference in the lives or our patients," said. "You guys are dedicated to making that difference and every day we have stories that we share with our administration."

Ireland said he hears those stories.

"I get countless emails, phone calls and letters from patients telling me real stories, stories about how they've been to five or 10 other centers or doctors and they've not been healed," Ireland said. "Then they come here and they are healed."

The patients also always note the compassion of the team, Ireland said. 

"They talk about the personal care they get, that the team cares about them as a person, not just as a person with a wound on their skin," Ireland said.

Photo: Dr. Mohamed M Ibrahim, Michelle Rector, Emily Casacelik Alicia Prusinowski, Holly Siverling, Alissa Gorman, John Wickett, Joseph Canzoneri, and Lisa Albanese.

Jerald Alfred Shuler III, 23, of Summit Street, Batavia, is charged with unlawful possession of marijuana, unlicensed operator, aggravated unlicensed operator in the third degree, and having a suspended registration. The charges stem from a traffic stop at 6:05 p.m. on Feb. 8 on West Main Street, Batavia, during which it was allegedly determined that the vehicle Shuler was driving had a suspended registration and that his driver's license was also suspended. During the investigation, he was allegedly found to be in possession of marijuana, located inside his vehicle. He was issued appearance tickets for Batavia City Court on Feb. 21. The case was handled by Batavia Police Officer Chad Richards, assisted by Officer Mitchell Cowen.

Maurillo C. Osorio, 32, of South Main Street, Batavia, is charged with: DWI; aggravated DWI -- per se with a BAC of .18 percent; unlicensed operator; open container of alcohol in a motor vehicle; and failure to keep right. Osorio was arrested at 1:56 a.m. Feb. 19 on West Main Street in Main Street in Batavia. He was jailed on $2,500 cash bail or bond. He was due in court on Feb. 21. The case was handled by Batavia Police Officer Matthew Wojtaszczyk, assisted by Officer Eric Bolles.

Summer Lynn Haskins, 23, of Old Creek Road, Alexander, is charged with DWI, operating a motor vehicle with a BAC of .08 percent or higher, and having no or inadequate headlamps. She was arrested at 12:57 a.m. on Feb. 20 on Ellicott Street in Batavia following a traffic stop for an equipment violation. She was issued appearance tickets for March 1 in Batavia City Court. The case was handled by Batavia Police Officer Peter Flanagan, assisted by Officer Matthew Wojtaszczk.

Keith J. McKenzie, 50, of Lewis Avenue, Batavia, is charged with DWI, making an improper right turn, and refusal to take breath test. He was arrested at 6:35 p.m. on West Main Street in Batavia following an investigation into an erratic operation complaint and subsequent traffic stop. He was arraigned then released on his own recognizance. He was due in City Court today (Feb. 22). The case was handled by Batavia Police Officer Stephen Cronmiller, assisted by Officer Mitchell Cowen.

Tatiana C. Lugo, 22, of Hutchins Street, Batavia, is charged with third-degree menacing. Lugo was arrested at 8:53 a.m. on Feb. 15 after a domestic incident in which she allegedly threatened to cut the victim's hair off and do bodily harm. She was arraigned then released under supervision of Genesee Justice. She is due in City Court on March 16. The case was handled by Batavia Police Officer Jason Davis, assisted by Officer Kevin DeFelice.

William A. Andrews, 37, of Brooklyn Avenue, Batavia, is charged with second-degree criminal contempt and three counts of endangering the welfare of a child. He was arrested at midnight on Feb. 18 following an incident on Brooklyn Avenue. He allegedly violated two orders of protection by being present at the residence. Andrews was jailed without bail and was due in City Court on Feb. 21. The case was handled by Batavia Police Officer Felicia DeGroot, assisted by Officer Eric Foels.

Emily A. Andrews, 38, of Brooklyn Avenue, Batavia, is charged with three counts of endangering the welfare of a child. She was arrested at 2:33 a.m. on Feb. 18 as the result of an unspecified incident that allegedly occurred at a residence on Brooklyn Avenue earlier in the evening. She was jailed on $2,000 cash bail or $4,000 bond and was due in City Court Feb. 21. The case was handled by Batavia Police Officer Eric Foels, assisted by Officer Peter Flanagan.

Tyler D. Price, 24, of Liberty Street, Batavia, is charged with fourth-degree criminal mischief and second-degree criminal contempt. On Feb. 18 at 3:45 p.m., Batavia police responded to a Liberty Street address for a distrubance call. An investigation found that Price allegedly came to the residence, attempted to enter it and in the process damaged a rear-door window, violating a stay away order of protection. On Feb. 19, he was located on Liberty Street and taken into custody. He is due in City Court on Feb. 28. The case was handled by Batavia Police Officer Arick Perkins.

Brenden Michael Mullen, 31, of Batavia Elba Townline Road, Batavia, is charged with second-degree harassment. Mullen was arrested at 9:18 p.m. on Feb. 17 following an investigation into a domestic incident wherein it is alleged that he sent numerous unwanted and threatening text messages and phone calls. He was arraigned and released and was due in City Court Feb. 21. Mullen was also arraigned on a City Court arrest warrant for failing to appear for two traffic tickets, operating with a suspended vehicle registration and having an uninspected motor vehicle. He was also due in court Feb. 21 to answer those charges. The case was handled by Batavia Police Sgt. Dan Coffey, assisted by Officer Arick Perkins.

Vincent A. Sanfratello, 51, of Liberty Street, Batavia, is charged with petit larceny. He was arrested at 8:10 p.m. on Feb. 10 for allegedly stealing a magazine from Southside Deli on Ellicott Street in Batavia. He was issued an appearance ticket for Feb. 21 in City Court. The case was handled by Batavia Police Officer Arick Perkins.

Timothy R. Johnson, 35, of Monroe Street, Silver Creek, was arrested on a bench warrant out of City Court on Feb. 18. It was issued after he failed to appear for sentencing on a conviction for fourth-degree criminal mischief, an incident which occurred on March 3, 2011. Johnson was jailed on $1,000 cash or $2,000 bond and was due in court on Feb. 21. The case was handled by Batavia Police Officer Christopher Lindsay.

Eric MacKenzie Smith, 31, of Iroquois Road, Caledonia, was arrested on a Batavia PD bench warrant for failing to comply with court-ordered treatment and turned over to Officer Jamie Givens at 10:29 a.m. on Feb. 21. He was jailed in lieu of $500 bail and was due in court this afternoon (Feb. 22).

Paris J. MacCrimmon, 24, of Whitney Avenue, Niagara Falls, was arrested on Feb. 20 on a bench warrant issued by Batavia City Court. It was issued after the defendant failed to appear at a scheduled court appearance. MacCrimmon was jailed on $100,000 cash bail or bond and was due in court on Feb. 21. The case was handled by Batavia Police Officer Christopher Lindsay.

Tyrone L. Richardson, 41, of Brooklyn Avenue, Batavia, was arrested on a bench warrant at 7:15 p.m. on Feb. 13. It was issued after he failed to appear for a scheduled court appearance stemming from an incident on Nov. 5, 2015. He was jailed on $1,000 cash bail or $2,000 bond and was due in City Court on Feb. 14. The case was handled by Batavia Police Officer Christopher Lindsay.

Henry L. Banks, 46, of Ross Street, Batavia, was arrested on Feb. 18 on Ross Street on a bench warrant out of City Court for failure to appear on unspecified charges. He was released on his own recognizance and was due in court today (Feb. 22). The case was handled by Batavia Police Officer Nicole Salamone, assisted by Mitchell Cowen.

NYS Justice Center for the Protection of People with Special Needs Special Prosecutor Patricia E. Gunning announced an employee of the NYS School for the Blind in Batavia was arrested Feb. 21 for harassing and endangering three children in his care.

Kenneth L. Darch, 57, of Hutchins Street, Batavia, is charged with three counts of endangering the welfare of a child in the second degree, a Class A misdemeanor, and two counts of harassment in the second degree -- with physical contact, a violation.

The charges stem from an investigation into an incident on July 28 in which the defendant allegedly struck two of the children on an outing to Blondie's Sip-n-Dip, an ice cream/yogurt stand on East Main Street in Batavia, and used abusive language against them. The defendant additionally is alleged to have taunted all three by directing their bus driver to take them to the local jail, with the threat of incarceration.

The NYS School for the Blind is operated by the State Education Department. Darch, a recreation therapist, was arraigned before Judge Robert Balbick of Batavia City Court and is scheduled to reappear in court March 7. Darch has been placed on administrative leave.

“People with special needs should never be intimidated, frightened or harassed by the very people who are responsible for caring for them,” said Special Prosecutor Gunning. “This case came to light because a conscientious employee witnessed the alleged abuse and reported it. We are grateful to those who step up and call out workers who choose to taunt and threaten children instead of doing their jobs, like this defendant is alleged to have done.”

Supervising Assistant Special Prosecutor Jennifer A. Whitman is prosecuting the case. Batavia Police Officer Marc Lawrence handled the case, with assistance from the Justice Center.

Submitted photo and press release:

Batavia resident and International Peace Garden Foundation President Paula Savage, recently returned from Puerto Vallarta, Mexico, where she participated in the dedication of the 2017 International Peace Garden located at the Vallarta Botanical Garden.

Mexico was nominated for the honor because of its substantial contributions to the UN in areas such as peaceful settlement of disputes, struggle against apartheid, promotion of disarmament and halting of climate change. Puerto Vallarta is known to be a leader in Mexico for respecting diversity of cultures and human rights.

Savage said “It was a unanimous decision to select the Vallarta Botanical Garden to convey the message of world peace believing the Botanical Garden of Vallarta is a place of calm, comfort and healing of body, mind and spirit."

Inclusion and unification was the message of the day. During the dedication ceremonies on Feb. 16th several representatives from the interfaith community addressed the audience with wide praise for the mission of the International Peace Garden Foundation.

The new International Peace Garden adorns the slope that rises toward the entrance of the recently constructed Chapel of multiple doctrines. The Chapel is a replica of the well-known Franciscan mission in San Juan Capistrano, Calif. The plants, together with Mexican wildflowers, represent the Mediterranean region of the Holy Land, a geographical region that gave birth to some of the most prolific religions in the world. Bob Price, curator of the Vallarta Botanical Garden “the intention is to cultivate them harmoniously, to create a sanctuary for prayer and meditation without disturbance.”

The International Peace Garden Foundation is a charitable organization established to advance global friendship through the creation of worldwide Peace Gardens. Since 1990 these Peace Gardens span five continents. Residents and visitors to our community have enjoyed the Batavia Peace Garden since it opened in 2011 to celebrate 200 years of friendship with Canada.

The Batavia Peace Garden flies the flags of all the recipient countries and is registered as an Honorary International Peace Garden. There are nine Honorary International Peace Gardens in New York State along the Bicentennial Peace Garden Trail. More information about the Foundation can be obtained by visiting www.ipgf.org.

Next month, nearly a year after he was arrested and accused of menacing a police officer, Bill Thomas will find out when his jury trial on the two felony charges against him begins.

Thomas withdrew his prior guilty plea to a count of criminal possession of a weapon, 3rd, today. He was also charged with menacing a police officer, a Class D violent felony.

He was arrested March 16. He will next appear in court on March 13.

In the intervening months, he's been through three attorneys, was about to start a jury trial but then entered a guilty plea on the day the trial was supposed to start, then at his first sentencing date, tried to withdraw his plea. That wasn't allowed and then again, last week, appeared for sentencing only to learn from Judge Michael Mohun that there was a procedural error by the court when his guilty plea was accepted.

Thomas was given time to confer with his attorney, his family and think over his options, which included withdrawing his plea and taking his case to a jury or sticking with his guilty plea and accepting whatever sentence Mohun might impose.

This afternoon, Mohun granted Thomas his request to withdraw his prior guilty plea.

Attorney Jamie Welch said he doesn't discuss ongoing cases and declined to say why Thomas decided to withdraw his plea.

One salient fact that came out last week at the sentencing hearing, before Mohun put a stop to it, was that even though Officer Peter Flanigan said he was threatened by Thomas while Thomas was holding a knife, there was no knife recovered on or near Thomas after he was arrested.

Four hours after the confrontation, Thomas was found to have a BAC of .22 and said he had few memories of events that early morning on State Street, but maintained he wouldn't have threatened a police officer, according to statements Welch made in court last week.

About six people are said to be fighting outside the Batavia Meadows apartment complex at 4112 W. Main Street Road, near apartment B1. Law enforcement is responding.

The remains of an animal found in the basement of a former Batavia pet shop have been sent to an office of the SPCA (Society for the Prevention of Cruelty to Animals), according to Officer Eric Hill, spokesman for Batavia PD.

One of the things SPCA examiners will try to do is determine what kind of animal it was that was found in the basement of the former location of Neptune's Gardens.

An employee of I.D. Booth, the company that owns the building on Ellicott Street, with a store next door, reportedly found the remains in a box while cleaning out the basement to prepare the store space for a potential new tenant. That employee posted a picture of the dead animal to social media, saying it was a dog, and the dozens of people that reposted it (the post has since been removed) and media who reported on it, including The Batavian and the radio show Kimberly and Beck, didn't stop to question whether it really was a dog in the picture.

The skull was not in complete profile in the picture, so it's indistinct, but there is no clear sign that it had a snout or canine-like teeth. Also, from a picture, without anything of scale next to the remains, it's impossible to tell the actual size of the animal. 

Asked if it might not be a dog, Hill said, "Nothing has been ruled in or out at this time."

Reached last week, at a time when everybody believed the bones were the remains of a dog, Neptune's co-owner Kathy LaFarnara said she had no idea how bones from a dog could have wound up in the basement of their former store. Neptune's closed that location, with plans to open another one in a smaller space across the street, more than five months ago.

Hill said the case is open pending a report from SPCA and otherwise there is no new information to report.

Kelsey Torrey, Kristsen Danosos and Mark Ditzel were among the crew of Batavia Area Jaycees members who put out, and then took down, the U.S. flags along Main Street yesterday for President's Day.

The Jaycees are on a recruitment drive, backed by a group of past presidents and former members, said past president Tom Ditzel.

"I joined Jaycees in 1980 and made lifelong friends," Ditzel said.

Jaycees is a leadership training organization open to young men and women age 18 to 40. The Batavia Area Jaycees have a rich heritage and were instrumental in getting public support to create Genesee Community College and pushing the County Legislature for the Genesee County Park. They installed lights on the Upton Monument, put up flags on Main Street for all national holidays, and run countless other local projects around the county.  

For those interested in membership, email bajny@yahoo.com or visit the group's Facebook page.

Investigators are looking for help in identifying three individuals involved in a theft from Target and an attempted theft from Game Stop on Veterans Memorial Drive.

The three individuals entered Game Stop at 6:46 p.m., Feb. 15, and while two of the men distracted a store employee, a third went behind the counter and attempted to gain access to the safe. 

It was locked.

The three men then went to Target, stole a magnetic unlocking device, and then stole about $800 in Beats headphones.

They then left in a gold Honda Odyssey. No plate number could be obtained.

Investigators checked with other stores in the area but no similar incident was reported at those stores.

One suspect was wearing pink shoes and a Coca Cola jacket.

People with information that may assist investigators can call Investigator Chad Minuto at (585) 345-3000.

Both the boys and the girls indoor track teams for Batavia High School won Section V titles at RIT on Friday night. It was the 13th title in 15 seasons for the Lady Devils and the 5th in the last 10 tries for the boys team.

The girls team dominated throughout the meet, finishing with 124 points to 71 for second-place Pal-Mac, and featured several outstanding individual performances. Katherine Wiseley won the shot put and weight throw. Lizzie Cohen won the triple jump, the 55 hurdles, and placed second in pole vault. Claire Zickl won the 600 meter, and Maddie Moore won the 1500 race walk. Bri Bromley had a strong meet with a second-place finish in the 1000 meter and a fourth-place finish in the 1500 meter. The 1600 relay of Regan Henrici, Bri Bromley, Claire Zickl and Kiaya Franklin also won.

The boys faced a bigger challenge with U-Prep keeping things close until the final event. The final point margin for Batavia over U-Prep was 15 points, with Batavia notching 91 total points. Anthony "Butch" Ray continued his dominance in the throws by winning the shot put and the weight throw while regaining the Section V record in weight, with a throw of 62'. Eric Davis had a strong performance, winning the 55 hurdles. Campbell Andersen won the 600 meter and placed third in pole vault. Nick Neid placed second in the 1600 meter. Ian SanFratello placed second in the weight throw. The 1600 relay of Isaiah Ciociola, Jerry Reinhart, Freddie Cunningham and Campbell Andersen also placed second.  

An employee of a local electric supply company, while cleaning out the basement of a former pet store in the same building, made a grisly discovery today  -- the bones of a dead dog in a box.

The box was reportedly stuck into some shelving in the basement.

Police were contacted immediately, according to John Booth, CEO of I.D. Booth, the company that owns the building on Ellicott Street in the City of Batavia.

Somebody who identified herself as an employee of I.D. Booth also posted the picture on social media and it was shared dozens and dozens of times today and became fodder on the radio talk show of Kimberly and Beck in Rochester.

Booth said he and his company are fully cooperating with the police on their inquiry into what might have happened.

Kathy LaFarnara, co-owner of Neptune's Gardens with her husband, Nicholas, told The Batavian today that neither she nor her husband knew anything about the dog prior to posts about it popping up on social media.  

They closed the location, which was behind the Pok-A-Dot, about five months ago and haven't been back inside since, she said. They were intending to open a smaller store on the other side of Ellicott Street, but with all the negative publicity on social media and Kimberly and Beck, she isn't sure what their future business plans are now.

"In 31 years of business, we always disposed of animals properly, even the rabbits," LaFarnara said.

Asked if an employee might have put the box in the basement, LaFarnara said their only employee was Nick's daughter.

"And she didn't like to go down in the basement," she said. "I didn't either. It was creepy down there. The stairway was open and you always felt like somebody might reach up and grab your legs.

"Right now, I have no idea where the dog came from," she added.

Det. Eric Hill this afternoon could not confirm anything other than that police had been called and asked to look into the matter.

Booth issued the following statement this evening:

I.D. Booth, Inc. learned of a tragic and disturbing situation on February 16, 2017. While an I.D. Booth employee was cleaning out property that is presently owned by I.D. Booth, but had been leased to former tenant Neptunes Gardens, the I.D. Booth employee discovered what appears to be the remains of an animal. The remains appear to not have been handled properly.

I.D. Booth has never occupied the Neptunes Gardens property, and has no information about the condition of remains, or the treatment or condition of any animals that were housed at the facility. I.D. Booth is horrified about this alarming discovery, and does not condone the unethical treatment of animals.

Upon discovering the remains, I.D. Booth immediately reported the discovery to the police, who have opened an investigation. I.D. Booth takes this situation very seriously, and is cooperating fully with the Batavia Police Department. Anyone with any information about this situation is encouraged to pass such information to the Batavia Police Department.

The folks at Lighting Design Innovations want to give something back to their community, so they are offering to donate hardware, software, lights and wiring to illuminate the cupola atop the Old Courthouse 365 days a year.

Paul Mercier, a partner in the company, told members of the County Legislature about the proposed donation at a meeting of the Public Service Committee earlier this week. The committee voted to accept the donation, which is valued at $7,500.

"For us, the significant aspect of being here is we believe in community," Mercier said.

LDI is a multinational corporation with headquarters in Batavia and an office in Western Canada and clients spread throughout North America, Mercier said. They chose to base the company in Batavia because his partner is from Batavia and they like it here and think it's geographically well placed for their business.

"People often ask why we’re in Batavia and I always say, it’s the best place to be," Mercier said. "It’s the best place to be for business. If you take a string on a map and go 500 miles we hit a great deal of the population and I can tell you that within that 500-mile string, we are working in all of it right now."

Mercier shared a few slides of municipal lighting projects installed by LDI.

Then he presented mock-ups of what the Old Courthouse might look like with illuminated decorative lights.

While LDI is donating just enough equipment to illuminate the copula, it's Mercier's hope that other people in the community will step forward with donations sufficient enough to enable the entire building to be illuminated. As part of his presentation, Mercier showed Photoshopped mock-ups of what the courthouse might look like when fully illuminated.

The lighting system consists of LED lights that can display millions of colors that shine on an object, such as the cupola, with color designs being made by software attached to the lighting system.

Assistant County Manager Matt Landers said the new system will replace a conventional lighting system that is used on special occasions. The electricity cost between the less-efficient system and the new LED system used more frequently will be about the same, Landers said.

Mercier, Landers and county staff did meet one evening recently for a demo lighting of the cupola. 

“What I was surprised by that night is how from how far away you can see the cupola," Mercier said. "It is truly a beacon from all directions.”

Once the lighting is installed, which Mercier said is an easy process, he thinks legislators will be eager to see the entire building illuminated.

"You’ll love the way it is, we have no doubt about that, but we think you’ll want to consider a second and third phase that you can celebrate all over again that you’ve illuminated something else on the courthouse," he said.

A Batavia resident accused of menacing a police officer with a knife nearly a year ago has until Tuesday to decide if he will withdraw his guilty plea on a weapons charge and take his case to trial.

Bill A. Thomas, 57, first entered a guilty plea to criminal possession of a weapon, 3rd, on July 21. When he was supposed to be sentenced in November, he tried to withdraw his guilty plea and asked for a new attorney.

While Thomas wasn't allowed then to change his plea, he was given time to find a new attorney.

Today, with Michael Mohun, normally the judge in Wyoming County, presiding in County Court for this case and one other, the case took another twist.

After hearing Officer Peter Flanigan read a victim's statement, District Attorney Lawrence Friedman argue for a harsh sentence and Jamie Welch, representing Thomas, advocate for a probationary sentence, Mohun summoned both attorneys to the bench.

There was a short conversation, then Mohun said he and the attorneys would meet in chambers to discuss a procedural issue.

Nearly two hours later, the attorneys, judge, defendant and his family members were all back in court after several private discussions involving all parties.

Mohun announced that when Thomas entered his guilty plea there was a procedural error related to what he admitted to and what was stated in the SCI (Special Court Information, a document used in lieu of a Grand Jury indictment). The procedural error could potentially invalidate the guilty plea, and that is why Thomas now has a chance to reconsider his plea.

Since Welch is new to the case, joining only after Thomas entered his guilty plea in July, Welch said he hasn't reviewed all of the evidence. Also, Thomas would like more time to think through his decision and confer with his family.

In his statement, Flanigan recalled a potentially catastrophic confrontation at 4 a.m., March 16, when he entered the Thomas home on State Street. He said Thomas moved aggressively toward him with a knife, and after Thomas failed to obey his verbal commands to drop the knife, Flanigan said he realized he would have to shoot Thomas to protect himself. As he reached for his pistol, the brother of Thomas entered the hallway in an attempt to leave the house, and he came between Flanigan and Thomas. Flanigan said he no longer had a clear shot at Thomas and the situation defused at that point.

The confrontation -- in which Flanigan said he both knew he might have to kill Thomas and that his own life was in danger, causing thoughts of his family and coworkers to flash through his mind -- left him shaken and he described having times of trouble sleeping and displaying other symptoms of stress, he said. 

Friedman spoke next and said that Thomas was prepared to go to trial until Interim Judge Micheal Pietruszka proposed a plea settlement, which both sides then accepted. Friedman said Thomas was a lucky man -- lucky to be alive, lucky that he wasn't charged with a more serious crime, lucky to get the plea offer he did and given his good fortune, but the serious nature of the crime, he should be given no leniency in sentencing.

Welch noted that his client never had a prior violent felony charge and it had been nearly two decades since his last criminal conviction, a misdemeanor, and it's been since 1996 that he was convicted of a felony, a DWI. Therefore, he said, he deserved a probationary sentence with credit for time served (he's been in jail for 11 months).  

While Flanigan noted that Thomas hasn't admitted to threatening the officer, Welch said when a blood sample was taken from Thomas at 8 a.m., four hours after the alleged confrontation, Thomas had a BAC of .22 and has said he doesn't remember much about that morning and doesn't believe he would have threatened a police officer with a knife.

The defense attorney also noted that even though police had control of the crime scene from the time they arrived until the investigation was completed, there was never a knife found on Thomas or at the scene.

Davon Shaquille St. John, 18, of Oak Street, Batavia, is charged with assault, 2nd. St. John is accused of assaulting somebody while confined at the Genesee County Jail at 8:49 p.m., Monday. He was jailed on $10,000 bail.

Wayne L. Pierce, 75, of Alexander, is charged with forcible touching. Pierce is accused of inappropriately grabbing a female employee at the Ben Go's gas station in Attica.

Bishop Williams, 23, of Genesee Street, Le Roy, is charged with criminal sale of a controlled substance, 4th, and criminal possession of a controlled substance, 4th. Williams is accused of selling Suboxone in May while in the Village of Wyoming. He was arrested by Wyoming County Drug Task Force following an investigation. He was jailed on $15,000 bail.

Odanis Betances, 21, of Morris Avenue, Bronx, is charged with petit larceny. Betances is accused of stealing $125.99 in merchandise from Kmart.

Brian James Lipinski, 33, of Richley Road, Darien, is charged with criminal possession of a forged instrument. Lipinski allegedly used a counterfeit bill to pay for food delivered to his residence.

Jarvis Davon Seymore, 33, of Michigan Street, Rochester, is charged with unlawful possession of marijuana, unlicensed driving, aggravated unlicensed driving, and speeding. Seymore was stopped at 1:51 p.m., Monday, on Clinton Street Road, Stafford, by Deputy Chad Cummings.