batavia

Law enforcement is responding to Route 98 near the Thruway to investigate a call of a tour bus without any plates and with a driver who is reportedly yelling obscenities out the window at people.

The bus was on Main Street and turned north onto Route 98.

UPDATE 6:18 p.m.: No report of the bus being located. One trooper drove as far north as Route 262.

A Rochester man accused of starting a fire at 12 Elms St. on Jan. 24, 2009, and attempting to kill the father of an estranged girlfriend, was found guilty today of attempted murder by a Genesee County jury.

The jury also found Andre L. Scott, 30, guilty of burglary and arson.

The tall and lanky Scott, dressed in a sharp tan suit, did not react to the verdict, but at least one person sitting in the gallery behind him rushed from the courtroom in tears as the jury foreman responded "guilty" to the second count.

Scott could face 15 years in prison, or 25-to-life. He will be sentenced Oct. 28.

Defense attorney Thomas Burns, who was assigned to the case, was clearly disappointed in the verdict. He worked hard to punch holes in the prosecution's case, calling into doubt the method in which evidence was gathered and how DNA was handled by investigators and the state's crime lab in Albany.

Burns said there will likely be an appeal, but another attorney will represent Scott through that process. It isn't clear at this time, Burns said, what shape the appeal will take, but he said he will work closely with the appeals' attorney to help prepare the case.

District Attorney Lawrence Friedman said the jury reached the correct verdict.

"Obviously, we're pleased with the verdict," Friedman said. "We certainly felt the evidence supported the verdict and we're glad the jury was able to sift through the evidence of a complicated case to arrive at these results."

The jury found that on Jan. 24, Scott, reacting to a fight with his estranged girlfriend, carried out threats he made to her, her father and a friend, and went to the father's apartment building on Elm Street and started a fire.

Scott was accused of pouring gasoline from a Clorox bottle onto the stairs, leading to the man's apartment and then lighting a book of matches to start the fire.

The blaze was discovered quickly and the fire department responded before much damage could be done. Nobody was hurt in the fire.

This morning, Burns and Friedman made their closing arguments to the jury. After the jump, a few notes from the summations.

Thomas Burns, Defense:
Burns called into question the process the State Police crime lab used to handle the DNA evidence, saying that Peter Lewis, a technician at the lab, offered testimony that called into doubt the chain of DNA evidence.

"He testified that the laboratory had a protocol, and it's a written protocol," Burns said. "He doesn't have a copy of it. He doesn't know what it says. But he knows he followed it."

As for the parole officer who collected DNA evidence, Burns said he testified about how to use the kit to collect evidence.

"What was the training? To read the instructions. Had he read the instructions? No," Burns said.

The laboratory used a kit to process the DNA. According to Burns, the kit instructions say to use a "nanogram" of sample DNA.

But none of the pieces of evidence -- such as a bottle cap from a Clorox Bleach container, its handle and a book of matches -- contained that much DNA.

"They did not follow the protocols," Burns said. "This is a serious break of this laboratory's ability to produce a scientifically valid report."

Burns also questioned the scientific validity of using only the suspect's sample DNA to test against the DNA gathered at the crime scene.

He compared the process to using a photo line-up. You don't show a witness to a crime a photo of only one suspect. You show him several suspects, and ask him to pick out the suspect.

In the same way, Burns argued, the lab should have been provided control DNA samples and asked to identify the one that matched, instead of looking for a reason to match the one it had.

"Human nature says you can have suggestions placed in your head and that it interferes with the scientific process," Burns said.

Burns also questioned why -- if Scott made calls and sent text messages threatening the alleged victims -- no recordings or copies of text messages containing threats where entered into evidence.

He noted that one of the alleged victims had a lengthy criminal history, including accusations of lying to police. But the only evidence of threats, Burns said, came from the testimony of three people. 

District Attorney Lawrence Friedman
Friedman said the arguments against the DNA evidence could be made in any case.

"It's so easy to throw stones," Friedman said. "It's easy to play Monday-morning quarterback and suggest things could have been done different. If you accept the defense argument, then everybody involved in this case is either incompetent or there is some grand conspiracy against his client."

Friedman compared the idea that Peter Lewis could do his lab work without referring to the written protocols to a typical juror driving his or her car with out reading the owner's manual before each road trip.

"You don't need to be able to know your manual by heart in order to drive your car," Friedman said.

As to the credibility of the DNA evidence, Friedman said, "This isn't just Peter Lewis saying, 'these are my results.' They were peer reviewed. They were reviewed by supervisors and they were reviewed by administrators."

Friedman also called into question the testimony of alibi witnesses.

The witnesses, Friedman said, were able to recall with some detail events of Jan. 24, 2009, even though some of them didn't know for up to a year later that Scott had been charged with a crime. There was nothing, Friedman said, that would have made Jan. 24 particularly memorable.

"So how is it that they are able, after all these months, able to recall such amazing detail," Friedman said. "They have no recall of the day before or the day after. The amount of detail they claim to recall about Jan. 24 is ridiculous. It's not worthy of your consideration.

And why, Friedman wondered, didn't one of these alibi witnesses come forward long before the trial and tell police they had the wrong man because they were with him at the time of the accused crime. Not one of the witnesses contacted police prior to the trial, Friedman said.

Authorities have been notified that there's an injured skunk, "still alive," in the roadway on Vernon Avenue in the City of Batavia.

The driver of a vehicle accidently backed into a natural gas meter at 7964 Lewiston Road, causing the pipe to leak and no means to shut it off.

The meter is completely removed from the gas line. The valve is visible but seems stuck, according to Town of Batavia volunteer firefighters on scene.

Wind is south, southwest at nine mph. National Fuel has been notified.

The location is south of Galloway Road, on the west side of Lewiston.

He wasn't caught until he ran out of gas, but a Batavia man who led several area law enforcement agencies on a pursuit and search will likely serve one to three years in state prison after pleading guilty today to a DWI charge.

Randy S. Rumble, 28, of State Street, Batavia, admitted in court this morning that he was intoxicated at the time he was spotted driving his car on Morganville Road, where he ran out of gas.

The chase started in Livingtson County, but an Avon Police officer had to break off the pursuit as Rumble's car entered Genesee County.

The car was later spotted by Le Roy Police at a gas station in Le Roy, and apparently Rumble left the station before refueling.

Because Rumble had a DWI in Alexander in 2005, and he was driving on a revoked license, he was charged with a felony DWI in this case.

Sentencing is set for Oct. 14. He is being held in Genesee County Jail on $5,000 bail.

Robert Thigpen, III, 35, of 287 Flower City Park, Rochester, is charged with burglary, 2nd, menacing, 2nd, criminal mischief, 4th, and harassment, 2nd. Thigpen is accused of entering the apartment of an acquaintance on State Street at 10:37 p.m, Monday. He allegedly shoved the victim and threatened the person with a knife. Thigpen was located a short time later by officers Eric Hill and Kevin DeFelice and taken into custody without incident. Thigpen was jailed without bail.

Ricardo Velasquez, 21, of Elba, is charged with Aggravated DWI and speeding. Velasquez was stopped by State Police at 3:45 p.m., Sunday, for allegedly driving 96 mph in a 55-mph zone on Route 262 in Elba. Velasquez was taken to the police barracks and tested for alcohol and allegedly found to have a BAC of .28. Upon further investigation, it was determined that Velasquez is allegedly in the country illegally. Velasquez was jailed on $2,500 bail or $5,000 bond. A detainer was filed by the Border Patrol.

A car stolen from outside a business on Liberty Street this past Thursday night was recovered in a cornfield near Geneseo and the alleged thief apprehended after his girlfriend reportedly turned him in.

Taken into custody by the Livingston County Sheriff's Office was Richard P. Brown III, 21, of Honeoye, on charges of possession of stolen property and criminal mischief.

The 2009, gray Chevy Malibu, which was reportedly stolen from an employee of Ficarilla's Pizza from outside the restaurant, was located by Livingston County deputies after a farmer complained Friday about a car being driven into his cornfield, damaging crops.

Brown was already in jail at the time the car was found, having allegedly gotten into a fight Thursday night with his girlfriend. Following an investigation, he was arrested on the additional charges today.

According to Det. Todd Crossett of the Batavia PD, Brown told his girlfriend about the car, who subsequently told investigators in Livingston County about the connection.

Brown is being held on $5,000 cash bail or $10,000 bond in the Livingston County Jail.

Crossett said the Batavia PD is seeking an arrest warrant so additional charges can be filed in Genesee County. Since Brown is reportedly out on parole, Crossett said he isn't too worried about Brown getting out of jail in Livingston County before the warrant is served.

A Batavia man said he swerved to avoid hitting a deer on Friday night leading to a car vs. pole accident on Bank Street between Ross and Vine streets.

Officer Kevin DeFelice said there was no reason to doubt John J. Dwyer, Jr.'s story. He hadn't been drinking and there were no skid marks to use to estimate the speed of his vehicle.

Dwyer told DeFelice that he was driving 30 mph.

No citations were issued.

"It's now up to his insurance company," DeFelice said.

Dwyer's car took out the utility pole.

There were no injuries and no other cars were involved in the accident.

Photo submitted by Jeremiah Pedro.

(initial report)

A Batavia man already facing a prison term for burglarizing a Bethany business in April, 2009, admitted in court today that he sold prescription drugs to an undercover agent.

On the burglary conviction, Michael L. Jackson, 29, of 1 Seneca Ave., is facing a two-and-a-half to seven-year prison term. The drug charge could tack on an additional two years in prison.

Jackson entered a guilty plea to criminal sale of a controlled substance with no guarantee of concurrent sentences on his prior conviction.

On June 10, Jackson pled guilty to burglary, 3rd, two counts of grand larceny, criminal mischief, 4th and witness tampering, 4th.

He admitted to breaking into the offices of Highland High Lift, where he reportedly broke windows to gain entry to offices that were unlocked, stole a truck valued at $19,000 and other items valued at $8,000.

There was reportedly DNA evidence linking him to the scene of the crime.

Jackson's arrest on the drug sale charge was announced Aug. 15. If given consecutive sentences, and the full two years on the drug charge, Jackson would not be eligible for parole until 2016.

Sentencing on both convictions is set for Sept. 8. Meanwhile, Jackson is being held in Genesee County Jail without bail.

Christopher Patrick Ball, 28, of Ellicott Street Road, Batavia, is charged with robbery, 3rd, and criminal possession of a controlled substance, 7th. Ball was arrested following an investigation into an alleged domestic incident at 9:55 a.m., Sunday. Ball is accused of stealing the victim's purse. Upon further investigation, Ball was allegedly found in possession of hydrocodone.

Misael O. Rodriguez, 27, of North Clinton Avenue, Rochester, is charged with unlawful possession of marijuana. Rodriguez was reportedly found at 3:33 p.m., Sunday, by security officers at Darien Lake in a parking lot rolling a joint.

Daniel Lee Ward, 23, of West State Street, Albion, is charged with unlawful possession of marijuana. Ward was stopped  for an alleged traffic violation at 9:54 p.m., Thursday, on Route 98 in Batavia by Deputy Patrick Reeves.

Lloyd Peter Parsons, 49, of Broadway Road, Darien, is charged with unlawful possession of marijuana. Parsons was arrested on a warrant out of Orleans County. At the time of his arrest by Deputy Patrick Reeves, he was allegedly found in possession of marijuana.

Michael Joseph Valtin, 25, of Church Road, Bennington, is charged with endangering the welfare of a child. Valtin is accused of having unwanted physical contact with a child while visiting a campground.

Richard B. Smith, 21, of 4753 East Road, Batavia, is charged with DWI, driving with a BAC of .08 or greater and failure to keep right. Smith was stopped at 2:28 a.m., Sunday, by Sgt. Michael Hare of the Le Roy Police Department on West Main Street, Le Roy.

Elizabeth Anne Geddes, 53, of Stepping Stone Lane, Orchard Park, is charged with DWI, driving with a BAC of .08 or greater, driving while impaired by drugs, driving while ability impaired (alcohol and drugs) and criminal possession of a controlled substance. Geddes was stopped by Deputy Chad Minuto at 7:04 p.m., Saturday, in the parking of Darien Lake during the Tom Petty concert.

Chad Michael Wolter, 39, of Mountain Road, Gasport, is charged with harassment, 2nd. Wolter is accused of throwing his girlfriend to the ground, spitting on her and throwing a beer can at her. The alleged incident occurred at 11:10 p.m., Saturday, at 1575 Sumner Road.

Glenn K. King-McDade, 24, of Somers, is charged with DWI, driving with a BAC of .08 or greater and speeding. King-McDade was stopped at 11:17 p.m., Saturday, by Sgt. Michael Hare of the Le Roy Police Department on Clay Street. King-McDade is accused of driving 53 mph in a 35-mph zone.

Joseph Arthur Julyan, 46, of West Bain Street, Albion, is charged with assault, 3rd, and criminal mischief, 4th. Julyan was allegedly involved in a domestic incident where he pushed, grabbed and twisted another person's shoulders. He also allegedly grabbed the other person's mobile phone when the person attempted to call police. Julyan also allegedly violated the terms of his parole by being out of his county of supervision and drinking. He was jailed on $10,000 bail. New York State Parole was notified.

Jayme Roland Lang, 37, of Lewiston Road, Alabama, is charged with computer tampering, 4th. Lang is accused of changing the password on a woman's computer, denying her access to the computer.

Jose L. Rodriguez, 36, of 28 Voss Street, Rochester, is charged with DWI, driving with a BAC of .08 or greater, and failure to maintain the driving lane. Rodriguez was stopped at 2:02 a.m., Saturday, by Officer Kevin DeFelice on Oak Street, Batavia.

Eli R. Graves, 20, and Zachary J. Bourque, 20, both of East Aurora, are charged with burglary, 3rd. They were arrested by State Police for an alleged incident in Darien reported at 10:09 p.m., Friday. No further details were released.

James F. Hemmer, 49, of Elba, is charged with criminal mischief. Hemmer was arrested by State Police at 91 South Main St., Elba, for an alleged incident reported at 11:10 a.m., Thursday. No further details were released.

John T. Reagan, 28, of Cheektawoga, is charged with DWI with a conviction in the previous 10 years. Reagan was stopped by State Police on Sumner Road, Darien, at 11:53 p.m., Thursday.

Timothy D. Moore, of Geneseo, is charged with DWI, driving with a BAC of .08 or greater and failure to stop at a stop sign. Moore was stopped by State Police at 10:14 p.m., Wednesday, on Route 63 and Perry Road, Pavilion.

"Jake Arnold" is one fast dachshund.

For the second year in a row, the 3-year-old owned by Jane Smart has won the prestigious Wiener Dog Races at Batavia Downs.

"Jake Arnold" beat out 52 other entrants, some of whom never even crossed the finish line, before a packed house of 3,850 race fans.

Taking second and third in the final heat of Sunday's races were Ron Schiller’s “Rudy” and Michael Tyrpak’s “Sahlen.”

From the Batavia Downs' press release:

While there’s no doubt "Jake Arnold" loves bacon treats, the key to success is he simply gets nervous when Jane Smart isn’t around.

“Since he’s been a pup, as soon as he sees me, he runs as fast as he can towards me,” said Smart, the winning dog's owner.

Thanks to “Jakes” good work, she received $100 to spend in the casino. And yes “Jake Arnold” will definitely be back next year.

For second-place finisher “Rudy,” this may have been his final appearance at the Genesee County oval. Definitely a champion, "Rudy" won the 2008 races and has finished second behind "Jake Arnold" the last two years.

“He’ll be 8 next year, we’ll have to see how’s he’s doing,” owner Ron Schiller said, but knowing Rudy, he’ll be back.

“We want to thank everyone for coming out and Petco for sponsoring the races,” said Todd Haight, promotional marketing specialist for Batavia Downs Casino and Western OTB. “It’s amazing how big this event has grown since its inception in 2005. It was definitely great to see such a large crowd.”

More pictures after the jump:

A truck fire just before 7:30 a.m. tied up traffic on the Thruway going through Pembroke.

Traffic was reduced to one lane during the incident and it took more than an hour to get traffic flow back to normal.

Reader Kevin Switzer submitted this picture.

Dispatch has received several calls of a fight on West Main Street near Kingsbury Avenue.

UPDATE 9:51 p.m.: Police on scene. Fight apparently dispersed before police arrived on scene. Officers talking with neighbors.

View Larger Map

For the second time tonight, a Batavia Police officer has been asked to respond to an address on State Street because somebody is ringing a door bell.

Officer: "Well, if she would just let her in since she lives there ... "

Dispatcher: "That was explained to her, but with a negative response."

Officer: "Roger. I'll head over there."

A car vs. pole accident, without injuries, is reported at North and Vine streets. Also, Bank Street into the City of Batavia is shut down due to the same accident.

Utility poles are down, blocking the roadway. Law enforcement is requested at Law and Bank Street.

Barracades to control traffic are requested.

Photo submitted by Jeremiah Pedro.

This is a replacement barn. The original barn on Partridge Farms burned down some time in the 1950s and current owner Pat Partridge said the current structure was built.

Like many barns in Genesee County, the barn needs some repairs, and Partridge said there are some problems with the roof that are way too expensive to fix, but they do try to keep the barn in good shape.

Partridge Farms is located on Ellicott Street Road, Batavia (right across from Johnny's).

The picture below is from another building on the farm.