batavia

The Batavia Concert Band will perform indoors this evening, show time, 7 p.m., due to rain, at Genesee Community College. The performance will be in the Stuart Steiner Theater.

By consensus, the Batavia City Council decided Monday to take up the issue of restoration of the stone pillars on the south end of Redfield Parkway, the intersection with Main Street, during the 2019 budget process.

The idea of moving forward sooner using leftover funds from Vibrant Batavia and an assessment on Redfield Parkway residents found no apparent council member support.

If the $60,000 project is part of the 2019 budget, it would likely be a capital expenditure. 

"It makes the most sense to me, putting it before the normal budget process," said Councilman Adam Tabelski.

Councilman John Canale said he can't believe how much time the City Council is spending on the issue.

"It’s a housekeeping issue," Canale said.

He said the pillars are city owned and the city should take care of them, just like the city takes care of Lambert Park in his neighborhood. He called the idea of assessing Redfield Parkway residents "absolutely ridiculous."

"I and all my neighbors enjoy that park a lot more than any other resident in the City of Batavia," Canale said. "If something is done at Lambert Park, you certainly wouldn’t get a dollar out of me in an assessment to do something at Lambert Park.

Councilman Bob Bialkowski warned against dragging the issue on any longer, saying it tears at the fabric of the community. He compared it to the comparisons between the Northside and the Southside when he was growing up, when it seemed like the Northside had all the paved streets, curbs and sidewalks.

"We are a single community and I think we have to move forward with this as a community," Bialkowski said. "We take care of each other. I would like to see some sort of commitment that moves us forward so we don’t have the same discussion six months down the road."

Council President Eugene Jankowski instructed Interim City Manager Matt Worth to make sure it's a priority item to discuss for the 2019 budget.

The police department's pitch for a military-surplus armored personnel carrier got a favorable hearing from the Batavia City Council on Monday evening during a conference meeting.

The council will be asked to approve an application from the city for such a vehicle, an MRAP (Mine-Resistant, Ambush-Protected), through the military's program for releasing decommissioned equipment to civilian law enforcement.

Chief Police Shawn Heubusch opened the meeting by providing background on the Emergency Response Team and explaining how such a vehicle might be used in the county.

The ERT was formed as a city-only unit in 1997. County deputies joined the unit in 2007.

The purpose of the ERT is to respond to situations that are beyond the capability of routine patrols, such as high-risk warrants and arrests, barricaded subjects and hostage situations.

Currently, the transport vehicle for ERT is a 2010 Ford Cube Fan. It is not four-wheel drive, is not a rescue vehicle, and offers no ballistic protection.

On Dec. 1, 2016 when Kyle Johnson killed a neighbor on Selden Road, set his own house on fire, and then fired on responding emergency personnel, one factor in bringing the situation to a peaceful conclusion was a Monore County officer happened to hear the police traffic on his emergency radio that morning and took matters into his own hands to muster his county's SWAT team and their two armored vehicles to assist.

It was one of those vehicles that were able to get close enough to Johnson, as he paced near his smoldering home with a long rifle in his hands, Heubusch said, that enabled the negotiations that led to his eventual surrender.

Sgt. Chris Camp is the current ERT commander, responsible for all of the administration and training of the unit, and he researched the options for an armored vehicle.

He spec'd out a Lenco Bearcat, which is a purpose-made armored rescue vehicle for law enforcement. The base price for a new one is $195,000. Camp added in options he thought were needed for our climate and terrain and that brought the price up to $255,000.

He then researched the option of the city acquiring a surplus MRAP. The military gives away these $650,000 vehicles to law enforcement agencies once they've been decommissioned. Livingstone, Saratoga and Warren counties in New York have all received one.

Most likely, a decommissioned vehicle will come available in California, which was the case for Livingston and Saratoga, making the transportation cost about $7,000 (Warran was lucky and retrieved its vehicle from Ft. Drum).

Outfitting the vehicle for law enforcement would cost from $7,000 to $12,000.

There may also be repairs necessary -- some of these vehicles have been sitting for awhile and need new batteries and tires. Livingston had to replace the fuel system on its MRAP.

Fortunately, the chassis and engines are International, just like the city's current dump trucks, so local vehicle maintenance can handle them, but there's also a former military MRAP mechanic working for Livingston County.

The vehicle would need to be stored, by government regulation, in a secure location. That would mean it couldn't be parked behind the police station, as the current transportation van is, so it would be stored at the city's vehicle maintence yard or at the Sheriff's Office, at least until, and if, Batavia PD gets a new headquarters.

County legislators Gary Maha and Marianne Clattenburg, along with Sheriff Bill Sheron, where in the audience for the presentation.

Heubusch indicated he expects the County to split the costs of the MRAP but the Legislature would need to approve the expense.

The city has in its asset forfeiture fund a little more than $10,000. That money can only be used for law enforcement purposes and Heubusch said he would anticipate using that money for the MRAP if one were awarded to the city.

Above photo: Derby winners Chloe Lutrell, age 8, who caught a 13” bass, and Jose Vanegas, age 16, who caught a 9 1⁄4” sunfish.

Submitted photos and press release:

Free Fishing Day and the Kendra Haacke Memorial Fishing Derby took place at DeWitt Recreation Area on Saturday, June 23rd.

A total of 44 kids ages 16 and under participated in the fishing derby, catching a variety of panfish and bass.

Prizes were awarded for the largest fish caught each by a boy and a girl.

This was the fifth annual Kendra Haacke Memorial Fishing Derby held at DeWitt Recreation Area. Each year the derby is sponsored by the Oakfield-Alabama Lions Club.

Friendly fishing guides were on hand to assist newbies with baiting a hook and learning how to fish. This event was the result of collaboration between Genesee County Parks, Recreation & Forestry, the Oakfield-Alabama Lions Club, and ACORNS.

Fishing tackle and bait were provided by a generous donation from Smith’s Great Outdoors, formerly Hunters Landing. Fishing poles were provided through a grant awarded by Cabela’s of Cheektowaga.

As part of the NYSDEC’s Free Fishing Weekend, no fishing license was required to participate.

Families from 10 local cities and towns including Rochester and Lancaster, joined in the free outdoor fun.

All participants received fishing tackle prizes, while each derby winner took home a new rod and reel and tackle box.

Derby winners: Chloe Lutrell, age 8, who caught a 13” bass; and Jose Vanegas, age 16, who caught a 9 1⁄4” sunfish.

Special thanks to the Oakfield-Alabama Lions Club, ACORNS, Cabela’s, and Smith’s Great Outdoors for making this event possible!

Press releases:C

Genesee County Fair Seeks Exhibitors

2018 marks the 179^th anniversary of the Genesee County Fair – one of New York’s longest consecutively running county fairs. It will run from July 16-21.

We are a short drive from both Rochester and Buffalo. The Genesee County Fair is seeking exhibitors for our home (domestics) department.

Items that can be entered, include Flowers, Needlework, Arts & Crafts, Culinary (Jams, Jellies etc…), Vegetables and Antiques. There is also a junior department to get the youth involved! The Home Department is open to people of all ages and abilities!

You do not have to be a pro to enter an exhibit! If you think that you would be interested in submitting exhibits for the week of Fair, please visit gcfair.com and download the 2018 Fair Premium Book and fill out the Home Department Entry Form.

Be sure to mail your entry form with payment by July 11^th to:  26 Spencer Court, Batavia, NY 14020.

Volunteers and Sponsors Wanted

With your help, we hope to make 2018 a memorable year for the fair by adding more new and exciting events. We would like to extend a personal invitation to become a volunteer and or a sponsor of the fair.

Volunteers are needed not only during fair week, but also the week before and the week after the fair. Many hands make light work!

Becoming a sponsor of the fair is a great way to promote your business to thousands of fairgoers who live and work in Genesee County and visit the fair every year.

If you are interested in volunteering or becoming a sponsor of the fair, go to our Fair’s website gcfair.com to download all of the forms and to obtain contact info.

New This Year: Hay/Straw Bale Decorating Contest

For this year’s Fair, we would like to include a Hay/Straw Bale Decorating Contest.

The contest will be open to individuals, as well as businesses and community organizations. Each hay/straw bale must be provided by the contestant.

Any size bale may be used – large or small you can decorate it all!  Entries will be judged by fairgoers throughout the week of fair, July 16-21.

They will be encouraged to judge on eye appeal, construction and creativity!

Hay/Straw bales must be delivered to the Exhibition Building at the Fair between 1 and 4 p.m. on Sunday, July 15^th.

Decorations must be of good clean wholesome fun, no vulgar or suggestive decorations will be allowed.

Hay/Straw bales must be removed from the Fair by 2 p.m. on Sunday, July 22^nd.

Participate in the Genesee County Fair’s Hay/Straw Bale Decorating Contest to show your stuff!

Visit gcfair.com.

Mobile Container Gardens are Wanted for Display Contest

It’s time to get creative! The Container Garden Contest means it's time to get out, be more active, and use your green thumb to win bragging rights!

This contest is open to all residents, businesses and organizations of Genesee County.

This year's Container Garden Contest theme is "Everything But the Kitchen Sink." You can grow herbs, vegetables, flowers, and indigenous plants in your container. You can show off your creativity at its finest!

Put your dazzling decor items on display, including sculptures, fountains, and repurposed works of art! Let imagination, creativity, and ingenuity triumph over size! Even with limited space, the possibilities are endless with containers.

This contest is for both new and experienced gardeners. There's even a category for kids! Containers can be anything imaginable, as long as they are mobile such as, buckets, wheelbarrows, funky pots & upcycled/recycled items.

So if you're ready to bring fresh, new life and beauty to your Genesee County Fair, then we say ... Grow For It! Entries must be received at the Fair by 4 p.m. on July 15^th and picked up by 4 p.m. on July 22^nd.

Entries will be on display in the Exhibition Building during the week of Fair. Winners will be selected by members of the CCE Master Gardeners and Fairgoers votes.

For more information and entry form please visit www.GCFAIR.com

A woman asked to talk with police because a neighbor won't give her back her kittens.

She claims she went on a three-day vacation and a neighbor agreed to watch her kittens while she was gone for free.

Now, she says, the neighbor won't give the kittens back without payment.

Angela L. Flowers, 47, of Watson Street, Batavia, is charged with attempted assault, 3rd, and riot, 2nd. Flowers was allegedly involved in a fight with multiple individuals on Watson Street at 8:07 p.m. June 12. Also charged with riot, 2nd, is Patricia A. Gibson, 28, of East Main Street, Batavia. Katrina L. Drake, 28, of Wood Street, Batavia, and Lakeisha A. Gibson, 31, of West Main Street Road, Batavia, and Tanisha N. Gibson, 33, of Wood Street, Batavia, were also charged with riot, 2nd, and attempted assault, 3rd.

Nikkia M. Smith-Neal, 32, of East Main Street, Batavia, is charged with petit larceny. Smith-Neal is accused of shoplifting from Tops Friendly Market at 11:08 a.m. Friday.

Robert C. Frank, 39, of Kensington Avenue, Buffalo, is charged with DWI and unauthorized use of a motor vehicle. Frank is accused of trying to steal a vehicle at 9:08 p.m. Sunday.

Alexis R. Chavez, 19, of Transit Road, Elba, is charged with unlawful possession of marijuana. Chavez was charged following a traffic stopped by Officer Christopher Lindsay on Law Street, Batavia, at 9:42 p.m. Wednesday. Also charged, Noah J. Freeman, 20, of Lewiston Road, Basom. Freeman was charged with unlawful possession of marijuana, a headlight violation, and uninspected motor vehicle.

Brooks Logan Brumber, 18, of Washington Avenue, Batavia, is charged with criminal contempt, 2nd. Brumber is accused of violating a stay away order of protection.

Batavia won their first back-to-back games of the season in a pitcher’s duel at Medlar Field at Lubrano Park, and they did not see any runs cross the plate until the eighth inning.

Logan Boyd had a masterful start in his five innings pitched but did not get a decision in the outing. He only gave up a total of two hits, which did not yield runs, nor did he issue any walks. He struck out four batters to keep State College scoreless through five.

Humberto Mejia came out of the bullpen in Monday’s game after Boyd. Mejia was scheduled to start but worked from the bullpen to put the pitching rotation back on track after Saturday’s game was rained out. Mejia’s outing went three innings and kept the Batavia lead in tact in the eighth by only giving in two runs over the three innings he pitched. He did pick up the win to move to 1-1 on the season. 

The Muckdogs’ offense came to life in the top of the eighth after Harrison White worked a two-out walk. Demetrius Sims smoked a ball to third base that got past the third basemen Edwin Figuera and put runners on the corners with one out. Sims broke early for second and had an easy stolen base.

Two runners were in scoring position for Michael Donadio, who slipped a ball past the Spikes’ infield; while they were playing in, Donadio picked up his second hit of his 2-4 day. That brought two runs around to score for the first of the game in the top of the eighth. Donadio tried to advance on the relay, but was thrown out at second base.

After a JD Osborne walk, Reynolds crushed a ball to the right-center gap that brought another run to the plate to make it 3-0. Immediately following that, Albert Guaimaro singled into center field to bring Reynolds in to finish the hit party in the eighth.

Two runs would cross for the Spikes in the bottom of the frame. One run would come to score on a Justin Toerner triple, and that would cut the Batavia lead in half.

In the ninth, the Muckdogs get one hit, but could not produce any runs from it. The bottom end of the frame would see one more run cross the plate. Jameson McGrane came on to pick up his first save of the season. However, it would take three walks and one run to get the job done.

Batavia looks to get their first sweep of the season with their final matchup of the series against State College. First pitch from Happy Valley is at 7:05 p.m., Batavia returns home to an off day on Wednesday before a home-and-home with Auburn this coming weekend.

From the city's Bureau of Maintenance:

On Thursday, June 28th, Trumbull Parkway (between East Main Street and East Avenue) in the City of Batavia will be closed to all through traffic. This closure is expected to be between the hours of 7 a.m. and 5 p.m. in order to perform cold milling of the roadway surface.

All motorists who regularly use Trumbull Parkway are asked to seek alternative routes while the closures are in place. Businesses and Residents within the area of the closure should anticipate delays, but we will do our best to accommodate getting you to and from you residence or place of business.

This work is weather dependent and subject to rescheduling if it rains.

Contact the Bureau of Maintenance and ask to speak to the Streets Supervisor or Superintendent at 345-6400, opt. 1, if you have any questions.

Press release:

The 15U Girls Fastpitch Softball season gets underway on Tuesday, June 26, with a matchup at Lions Park between Batavia Stingers Black and Lyndonville at 6:30 p.m.

Lions Park is located at 11 Wallace St. in Batavia.

The Batavia Stingers Yellow team starts their season with a game at Le Roy at 6:15 p.m. on Friday, June 29^th. Yellow’s home opener is scheduled for Thursday, July 5^th, at 6 p.m. at Lions Park against Lyndonville.

The Stingers 15U Black team will be coached by Stan Kaus, Matt Landers and Chuck Richmond, while the 15U Stingers Yellow team will be coached by Jim Fazio, Jamie Masters and Brian Mruczek.

The T.F. Brown's and Viele Construction Dodgers beat the Graham Manufacturing Pirates for the Batavia Little League championship Friday in extra innings, 10-8.

Cole Grazioplene hit a three-run walk-off home run in the bottom of the seventh to win the game for the Dodgers.

The Dodgers are coached by Samuel Antinore and Jeffrey Grazioplene

The players: Jaden Firmstone, Cole Grazioplene, Dane Dombrowski, Jay Antinore, Bronx Buchholz, Benny Pontillo, Maggio Buchholz, Chase Antinore, Owen Helpin, Alex Merica and Darius Wahl. 

Adam Michael Brennan Sabadasz, 33, of an undisclosed street, Buffalo, is charged with criminal mischief. Sabadasz allegedly damaged property at Darien Lake Theme Park at 11:20 p.m. Sunday.

Stanley D. Wilson, 58, of Lockport, is charged with DWI and crossing hazard road markings. Wilson was arrested by State Police after his vehicle was found crashed in a ditch on Lewiston Road, Alabama, at 4:41 a.m. Sunday. Wilson reportedly failed a field sobriety test.

Samantha J. Wade, 19, address not disclosed, is charged with leaving the scene of a property damage accident, unsafe tire, and unsafe lane change. Other charges are pending. Wade was reportedly involved in a property damage accident on Route 20, Alexander, where two street signs and a utility pole were struck by a four-door sedan Sunday.

Richard Dean Mckague, 28, of Main Street, Batavia, is charged with criminal contempt, 1st, aggravated family offense, attempted assault, 2nd, and acting in a manner injurious to a child. At 3:19 p.m., Saturday, Mckague allegedly violated an order of protection. He allegedly threw a beer bottle causing physical injury to a victim. He was jailed on $25,000 bail.

Floor plan much more spacious than square footage indicates! Downstairs features 1 bedroom or office good size formal dining room and full living room-great space for entertaining. Upstairs has 2 good size bedrooms and a full bath. Basement is dry, fully useable, space it even has cool man cave/office and a small area for workspace for extra hobbies.

There have been lots of upgrades but the large, private, fully fenced back yard with awesome huge deck is definitely a bonus for the City! Large extra wide driveway and fully re-enforced garage for all your "toys" plus a nice storage area below is a nice extra. Neutrally painted and new carpet throughout makes it a move in and live!

Easy to see! Call Lynn Bezon today at Reliant Real Estate, 585-344-HOME or click here for more information on this new listing!

The Batavia Muckdogs were down by six runs before their first hitter even stepped to the plate Friday night and over the course of nine innings the hometown team never could climb out of the hole.

The Muckdogs fell to 3-5 on the season with a 9-7 loss to Williamsport, now 5-3.

Starter Dakota Bennett, a 2017 11th round draft pick out of Somerville, Ala., lasted only two-thirds of an inning and took the loss in his first NYPL game.

Muckdogs Right fielder Jerar Encarnacion continued to tear apart NYPL pitching, raising his average to .514, second best in the league, with a 3-4 night. He scored two runs.

Big first baseman Sean Reynolds, who had the game-winning hit Thursday night, knocked one over the fence for the first time in the season in the seventh inning.

J.D. Osborne also had two hits and two RBI. He raised his average to .348.

The Muckdogs close out the homestand tonight against Williamsport. Game time is 7:05 p.m.

Bryce Howe, from Tulsa, Oklahoma, took over for Bennett in the first and pitched 3 1/2 innings, giving up one unearned run and four hits.

Jerod M. Baltz is indicated for the crime of criminal sexual act in the first degree, a Class B violent felony. It is alleged that on March 18 on Sparks Road in the Town of Pavilion that Baltz engaged in oral sexual conduct with another person by forcible compulsion. In count two, he is accused of criminal sexual act in the third degree, a Class E felony. It is alleged in count two that he engaged in oral sexual conduct with another person without the person's consent and this lack of consent was by reason of some other factor than incapacity to consent -- physically helpless (NYS Penal Law 130.05(2)(d). In count three, the defendant is accused of first-degree rape, a Class B violent felony, for allegedly engaging in sexual intercourse with another person by forcible compulsion. In count four, Baltz is accused of third-degree rape, a Class E felony, for allegedly engaging in sexual intercourse with another person without the person's concent and this lack of consent was by reason of some other factor than incapacity to consent -- physically helpless. In count five, Baltz is again accused of criminal sexual act in the first degree. It is alleged in count five that he engaged in a second act of oral sexual conduct with another person by forcible compulsion. In count six, the defendant is again accused of criminal sexual act in the third degree. In count six, he allegedly engaged in a second act of oral sexual contact with another person without the person's consent and this lack of consent was by reason of some other factor than incapacity to consent -- physically helpless. In count seven, Baltz is again accused of first-degree rape for allegedly engaging in a second act of sexual intecourse with another person who incapable of consent by reason of being physically helpless. In count eight, Baltz is accused of criminal obstruction of breathing or circulation, a Class A misdemeanor, for allegedly intending to impede the normal breathing or circulation of the blood of another person by applying pressure on the throat or neck of a person. The allegations in counts two through eight also allegedly took place on Sparks Road, Pavilion, on March 18.

Qumane J. Santiago and Jaequele M. Tomlin are indicted for the crime of fourth-degree conspiracy, a Class E felony. It is alleged that on Jan. 18 in the City of Batavia that the defendants' intentional conduct constituted a Class C felony to be performed: second-degree robbery. In count two, Tomlin is accused of criminal possession of a weapon in the third degree, a Class D felony. It is alleged in count two that Tomlin possessed a dangerous instrument -- a sock with a rock or piece of concrete in it, with the intent to use it unlawfully against another person.

Steven D. Fronczak is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that one Feb. 24 in the Town of Le Roy that the defendant drove a 2012 Chevrolet on Route 19 while in an intoxicated condition. In count two, he is accused of aggravated DWI, per se, as a Class E felony, for allegedly have a BAC of .18 or more at the time. In count three, he is accused of aggravated unlicensed operation in the first degree, a Class E felony, for driving while his driver's license was suspended, revoked or otherwise withdrawn by authorities, and he did so allegedly while under the influence of alcohol or a drug. In count four, Fronczak is accused of circumventing an interlock ignition device, a Class A misdemeanor. It is alleged in count four that the 2012 Chevrolet was not equipped with an interlock ignition device, which he is required to have by court order. In count five, he is accused of the offense of use of a mobile telephone while operating a vehicle, a violation. In Special Information filed by the District Attorney, Fronczak is accused of having been convicted of DWI, as a misdemeanor, on March 6, 2017, in Town of Le Roy Court and this conviction was within 10 years of the crimes alleged in the current indictment.

Press release:

In July, the premier consumer-run disability service organization serving Genesee, Orleans and Wyoming counties, Independent Living of the Genesee Region (ILGR), is resuming “The Wellness Hour,” a series of five FREE classes to help the whole community to live healthier.

Taking place from 10 to 11 a.m. every Tuesday in July in the front lobby of the ILGR office, 113 Main St. (at Center Street), Suite 5, Batavia, the series of Informational talks is designed to expand participants’ awareness of tools that can promote wellness.

• July 3: Katrina Mogavero and Judy Hysek from Eden Café: 
Learn about the health benefits of a Vegan lifestyle while sampling some tasty treats.

• July 10: Schwab Farm Market and Nice Farms 
Will come and share the benefits of eating local fresh produce, fruits and pasture raised pork and beef.

• July 17: Vicki Wood from Young Living Essential Oils 
Learn about how cooking with Young Living essential oils can contribute to good health and will also bring her favorite recipe.

• July 24: TBA 

• July 31: Katrina Mogavero and Judy Hysek from Eden Café 
Learn about what a Vegan diet is and how it can promote a healthy life. 

ILGR stresses that the information shared is not intended to replace a doctor’s instructions. You should always consult with your physician or health care provider before beginning any new treatment.

While reservations are not required, so that we can plan, we would appreciate participants calling Michelle Whitmore to RSVP at 815-8501, ext. 409.

Eddie Lee "Pops" Miles Jr. will serve a minimum of five years in state prison, Judge Charles Zambito ruled this afternoon in Genesee County Court.

Last month, the native of Batavia with a long criminal history -- 20 arrest dates and 50 charges -- accepted a "global plea agreement" and made a factual admission of guilt to three felonies that were among multiple charges brought in three grand jury indictments.

There was a bizarre incident in August wherein he allegedly grabbed a 17-year-old girl from behind who has walking "Zeus," a dog he had owned then let a neighbor family adopt. He was charged with choking her; she dropped to the ground and he then allegedly injected the hapless dog with an unknown purple liquid. He ran off, saying he would be back, according to witnesses.

Chaos ensued. The dog became unresponsive and started twitching, the choking victim sobbed and was extremely distraught. An animal control officer and emergency first responders arrived.

"The dog is still skittish. It refused to go outside, would curl up," Assistant DA Kevin Finnell told the judge. "It's depressed. Afterward, some man called and said (to a victim) 'Pops is going to kill you, bitch.' "

Finnell added, "If that's not bad enough, that's the misdemeanors." The cases -- for obstructing a person's breathing or blood flow and animal torture were pending in city court but dismissed under the plea agreement carried out today.

Finnell continued: "This man is selling drugs in this community to make money, supplement his income...his lengthy criminal history has run the gamut from menacing and second-degree assault to criminal mischief and criminal possession of a controlled substance in the third degree; DWI..one officer says he has had numerous contacts with him over the course of two decades. He's violent."

Last fall, he was arrested for selling crack cocaine to drug task force agents so he could make some extra spending money.

On Sunday, Jan. 7, he admitted he drank two bottles of booze. He got in a big fight with his girlfriend and set fire to a couch in his apartment in a multi-family dwelling on Washington Avenue. He threatened the life of his girlfriend, threatened to shoot police who responded, and caused other families to be displaced when he started a fire where they lived.

But in statements contained in the presentencing report, Miles, who's in his late 40s, had some alternative facts to share.

He claimed his girlfriend became angry that day because he was "blaring the radio"; he claimed that she was the aggressor -- "she caused all this" -- punching out a window and arguing and that when police arrived, he didn't want to go outside because he was still in his bathrobe.

A fire broke out. "Fire just started," was how Miles put it in the report, subsequently hypothesizing that under the attic door a gas can be found and his girlfriend smoking a cigarette somehow ignited the gas can and started the fire. Arson investigators said there was not sufficient heat in the cigarette to cause the damage.

The judge disputed Mile's version of events by noting that Miles put a couch in front of the door, creating a blockade against his girlfriend's attempt to leave. When he went to the back of the apartment, she seized her chance to escape by breaking out a window, climbing onto the second-story eave and jumping off; not the actions of an aggressor.

In the presentencing investigation (PSI) report, he was asked why the police responded to his residence on Jan. 7.

"I don't know why the police were there," Miles responded, according to Finnell, adding that the girlfriend told officers Miles blocked the door, punched her, held her hostage and had a gun.

The convicted felon denied having a gun that day. He was taken to UMMC for evaluation. But when Batavia Police Det. Richard Schauf went there to interview Miles afterward, Miles asked him "Did you find the gun?" 

Finnell argued that Miles deserved the maximum penalty for terrorizing his girlfriend, his landlord, and his neighbors.

"He needs to be segregated from the community as long as possible," Finnell said.

Public defense attorney Jamie Welch said the PSI indicates Miles did not take responsibility for his actions. Welch argued that while that point is debatable, his client's expression of regret is not.

Welch acknowledged the sparsity of leeway granted to the judge in sentencing for arson. But said his client deserved "to be commended" going forward if he continues to maintain the sobriety that incarceration has brought.

Finnell attempted to read a victim statement in open court and Miles' attorneys called for a sidebar. Afterward, the judge determined the letter could not be read aloud by Finnell in court. Only a letter from the victim of a violent felony can have a statement read, it clearly says so in the statute, Zambito said. This letter writer, although a victim, was not directly a victim of a violent felony in the Miles' case.

*Nonetheless the judge allowed the statement to be attached to the PSI for the court record and a copy was given to Miles' attorneys (the other one being Marty Anderson).

The woman who wrote the letter said Miles was polite when they first met, but his behavior changed; Welch said that was because Miles has had lifelong addiction problems and his behavior took a turn for the worse last year after he became "reinvolved" with his addictions.

Before sentencing, Miles spoke to the court.

"I'd like to ask the court to forgive me for all my actions," Miles said, standing in his orange outfit, hands shackled, wearing orange Crocs on his feet. "If I could take back January 7th, I would."

He said he felt ashamed of his behavior and the bad publicity it has generated for himself and his family. He said he drank two bottles of liquor and his world fell apart; he lost the woman he has loved for 15 years, displaced his neighbors, frightened the homeowner and now faces a long stint in prison.

Zambito told Miles not to ask his forgiveness, but that of those he has harmed. He said he is particularly concerned about domestic violence perpetrated by Miles going back many years and noted the arson itself was an act of domestic violence, one that threatened the girlfriend's life and affected many others -- the neighbors, the firefighters, law enforcement, first responders.

The Swat Team was called in.

"It goes to show the level of professionalism of the law enforcement community here," Zambito said, adding that he can't fathom how Miles didn't get shot by police. "You see it every day, somebody gets the wrong end of a gun every day.

"You are unwilling or incapable of obeying the law," Zambito said. "You have no respect for human life, for animal life, for property, for your neighbors, for the law."

Having read the presentencing report he ordered for this case and reviewing Miles' extensive criminal history, Genesee County Court Judge Charles Zambito said he was disinclined to cut him any slack for his terrifying behavior on Jan. 7.

Next Miles was sentenced on: one count of third-degree arson, a Class C felony, for which prison is mandated. He will serve the maximum -- five to 15 years, indeterminate; one count of third-degree criminal possession of a controlled substance with intent to sell, a Class B felony, and will serve the minimum -- five and a half years with two years of post-release supervision (the max was nine years with three years post-release supervision).

The two sentences will run concurrently.

Sentencing on the third count -- second-degree unauthorized use of a vehicle, a Class E felony, is delayed until Aug. 13, pending submission of blood-test results to the court. It could garner one and a third to four years of prison time, which would run concurrently.

Failure to submit to the test or provide the test results to the court would void the plea agreement and subject Miles to maximum sentencing guidelines.

Four orders of protection were put in place until June 22, 2041. Miles had a check for $425 ready pay for his fees and surcharges.

*Here is a victim statement that was provided to The Batavian by Rebecca Eldridge (née LaRock), who says her family is no longer remaining silent about what they have endured. She gave us permission to publish it and use her name. It is not the same statement put in the court record today.

"After 1 year my voice, my family's voice, my daughter's voice and my four-legged son Zeus's voice were finally heard today. Although our case was dismissed as part of Miles' plea deal, our voices were heard by judge Zambito today.