batavia

A 23-year-old man who is accused of setting his girlfriend and her apartment on Maple Street in Batavia on fire last June is mentally incapable of assisting in his own defense, Judge Charles Zambito ruled this afternoon.

Plush Dozier will be remanded to the Commissioner of Mental Health for treatment and then be reevaluated, Zambito ruled.

Dozier is charged with arson, 1st, and attempted murder.

Three psychiatrists examined Dozier and two of them found him capable of understanding the charges against him and recognizing the roles of the judge and attorneys in a court proceeding, but all three said he suffers from schizoaffective disorder, oppositional defiant disorder, and is prone to paranoia and hallucinations.

Zambito noted that all three doctors described his disorders as fluid. In other words, he can slip from lucid to psychotic at any time. And while his disorders can be managed with treatment and medication, there is no record, Zambito said, that he is receiving or has received proper and appropriate treatment.

"Dr. Mitchell described his condition as a moving target," Zambito said. "All three doctors who evaluated him said he could snap at any time. This is consistent with the representations by his attorneys that at times he was lucid and could cope and at times he was not."

He added later, "All of them (the doctors) indicated or represented concerns that if not treated, his symptoms could very well become active and interfere with his ability to effectively assist in his own defense."

Zambito also noted that Dozier's disorders go back to his childhood.

"There is no indication that he is feigning anything or that he is a malingerer," Zambito said.

Dozier is currently represented by Thomas Burns, his third attorney. He is being held in Attica, and reportedly in solitary confinement despite his lack of a conviction in this case, because the Genesee County Jail and its staff is ill-equipped to deal with a person with Dozier's multiple disorders.

He was accused of menacing a police officer after an alleged violent incident while in local custody two months after his arrest.

At the start of today's hearing, Burns said he had met with his client and his client had asked to speak with the judge about his treatment, or alleged mistreatment, in Attica. He has raised this issue before and, as Burns noted, has been told by Zambito that the county court judge lacks jurisdiction to change where he is being held or affect the status of his custody. Still, Burns said, Dozier wished to raise the issue.

Zambito suggested that the court hear the testimony of Dr. Virginia Wohltmann, who examined Dozier in December, and that the court then take a recess so Burns could discuss the specifics of the situation at Attica with his client.

After Zambito heard two other cases, Burns and Dozier returned to the courtroom and Burns said his client had decided against putting anything on the record today about his treatment in Attica. At that point Zambito informed Burns and District Attorney Lawrence Friedman that he had finished reviewing the witnesses' testimony in the hearing (which was held in parts over different days) and was ready to render a decision.

Zambito then reviewed the testimony of the three doctors before stating that he found that while Dozier might be able to understand the proceedings, his fluid mental state would make it difficult for him to assist in his defense.

"This is not the end of the matter," Zambito said. "This is not the final verdict but based on the credible evidence presented in this court, I find the defendant at this time is an incapacitated person and remand him to the custody of the Commissioner of Mental Health for care and treatment for up to one year and then he will be reevaluated and brought back."

Call Lynn Bezon today at 344-HOME for more information on these listings or visit us online.

A second ambulance is called to the scene of a car vs. pole accident at 3962 Batavia Elba Townline Road. Unknown injuries. Town of Batavia Fire Department is on scene.

Submitted photo and press release:

The Committee to Elect Judge Rogers invites the public to come meet with Batavia City Court Judge Durin Rogers for coffee and a conversation on May 16 at the Holland Land Office from 5:30-6:30 p.m. and on May 25 at the Richmond Memorial Library from 9:30-10:30 a.m. 

This is a great opportunity for the residents of Batavia to learn more about the job of Batavia City Court Judge, answer questions about the election process and get to know the candidate.

“I hope to share more about what the Batavia City Court does on a day-to-day basis, what my job entails, and connect with residents from our community,” Judge Rogers said. “A casual conversation over a cup of coffee is a great way to accomplish that. I hope to see everyone there!”

(Durin Rogers is seeking election as permanent Batavia City Court Judge, a post currently held by Robert Balbick, who will be retiring. The other candidate is Benjamin Bonarigo.)

Richmond Memorial Library's budget vote and trustee election takes place from 9 a.m. to 9 p.m. on Thursday, May 2nd.

Norm Argulsky and Jessica Ecock-Rotondo are candidates for the two trustee seats, each with five-year terms.

The library is seeking an increase in local public funds of $25,350 for fiscal year 2019-20.

Voting takes place in the Library's Gallery Room. The library is located at 19 Ross St. in the City of Batavia. Phone is 343-9550.

Any registered voter residing in the Batavia City School District is eligible to vote.

To learn about the 2019-20 budget, the trustee candidates and general information about the library and its plans, click here.

Library Director Robert Conrad explains the proposed budget:

"On the revenue side, we’re prepared for small drops in PILOT funds and income from library fines and fees. We expect them to be counterbalanced easily by increases to gifts, memorials, and withdrawals from our appropriated fund balance.

"Of course, the bulk of our revenues come from the local property tax levy. New York’s property tax cap formula allows us to ask for an increase of $60,557 without breaking the cap – but we’re asking for an increase of only $25,350. That increase, which would be under 2 percent for the sixth year in a row, would raise the tax rate per thousand of assessed value by 0.0288 – in other words, by less than $3 for a home assessed at $100,000.

"On the expense side, we're budgeting slight increases in local funding for library materials; we're adding capacity to the Imagination Library program (free books for kids to keep every month, from birth through age 5), which would allow up to double the enrollment we see today; and we’re doubling down on our very popular and well-attended library programs for adults, teens, and children of all ages.

"Long supported by additional funding from the Friends of the Richmond Memorial Library, our music, movie, book, and family gaming programs are popular with Batavians as well as with families from the surrounding communities who come here to share, learn, read, and play, helping to make Batavia the vibrant hub of the GLOW county region.

"Thank you to everyone for making the Richmond Memorial Library the extraordinary place that it strives to be!"

Police have been dispatched to the emergency room at UMMC to interview a man who says he was struck by a car on Washington Avenue.

"I guess he has pretty good injuries," the officer is told.

UPDATE 5:38 a.m.: The apparent hit-and-run occurred at Washington and Bank, a police officer informs dispatch. No time provided.

At the end of a high-speed chase of a three-wheeler down North Street, police are searching the wooded area off Naramore Drive, Batavia, for a subject who has apparently lost a shoe.

An officer told dispatchers, "it looks like we have a one-shoe bandit."

We don't know how, when, or why the chase started, but it began somewhere in the area of Richmond Avenue and Oak Street and the subject "blew through" a red light at Oak and Richmond. An officer chased the three-wheeler eastbound on Richmond onto North Street and shortly after reaching North and Manhatten the officer informed dispatchers speeds had reached 55 mph. He said he was terminating the pursuit but apparently was able to maintain eyesight on the fleeing subject and tracked him to the end of Naramore.

The subject apparently abandoned the three-wheeler in that area and fled on foot.

An officer requested a K-9 to track the subject but none are available in the area.

Police apparently have another subject in custody who described the driver of the ATV as a white male named Josh.

UPDATE 5:30 a.m.: The chase started after police responded to Union Avenue near Oak Street for two subjects riding ATVs in the street. One rider was stopped and the other fled. The ATV that made it to Naramore Drive (top photo) was impounded. Sgt. Dan Coffey told the tow-truck operator that if the owner shows up, he can't have it back yet. "He (the owner) can have it back but he needs to talk with us first," Coffey said. It was a deputy who responded to the chase from the east side of Batavia who located the ATV after the Batavia PD ended the pursuit.

The ATV stopped on Union Avenue.

Todd M. Englerth is indicted for the crime of criminal possession of a weapon in the third degree, a Class D felony. It is alleged that on Nov. 20 in the Town of Le Roy that Englerth knowingly possessed a dangerous knife or instrument -- metal knuckles, and he had previously been convicted of a crime. In count two he is accused of second-degree assault, a Class D violent felony, for allegedly intentionally trying to prevent a Le Roy police officer from performing a lawful duty and causing physical injury to the officer. In count three, he is accused of obstructing governmental administration in the second degree, a Class A misdemeanor. It is alleged in count three that Englerth attempted to prevent a public servant from performing an official function by means of intimidation, physical force or interference. In count four, the defendant is accused of resisting arrest, a Class A misdemeanor. In count five, he is accused of criminal possession of a controlled substance in the fourth degree, a Class C felony, for allegedly possessing cocaine weighing an 1/8th ounce or more.

Heyward Clark AKA Heywood Clark is indicted for the crime of third-degree burglary, a Class D felony. It is alleged that on Oct. 27, 2016 that Clark knowingly entered into a building on School Street in the City of Batavia with the intent to commit a crime. In count two, he is accused of petit larceny, a Class A misdemeanor, for allegedly stealing personal property and U.S. currency that day. In count three, he is accused of third-degree criminal mischief for allegedly damaging property belonging to another person that had a value of more than $250 -- a window. In count four, Clark is accused of another count of third-degree burglary for allegedly unlawfully entering a garage on Porter Avenue in the City of Batavia sometime between Oct. 27 and Oct. 31, 2016. In count five, he is accused of another count of petit larceny for allegedly stealing a circular saw and battery from a person after entering the garage. In count six, he is accused of fourth-degree criminal mischief, a Class A misdemeanor, for allegedly intentionally damaging another person's property at the garage -- a window.

Felix Cabrera-Lopez AKA Felix Cabrera is indicted for the crime of aggravated unlicensed operation in the first degree, a Class E felony. It is alleged that on March 6, 2018, on South Lake Street in the Town of Bergen that Cabrera-Lopez drove a 2001 Honda while his driver's license was suspended or revoked. He had in effect at the time 10 or more suspensions, imposed on at least 10 separate dates for failure to answer or pay a fine: Jan. 31, 2008; Dec. 31, 2011; Oct. 5, 2012; March 27, 2014; Oct. 16, 2014; Jan. 7, 2015; June 9, 2015; May 12, 2016; Sept. 10, 2016; July 25, 2017 -- all in Monroe County.

For the third-straight year, the UMMC Wound Care Center has been recognized by Healogics with the Robert A. Warriner III, M.D., Center of Excellence Award.

UMMC's median heal time is 22 days, well below the 30-day standard set by Healogics, said Michelle Rector, the director of clinical operations. The Wound Care Center also achieved a patient satisfaction rate of 92 percent and a healing rate of 91 percent.

"At the end of the day, all the numbers set aside, it really is about people the who work here," Rector said. "Their dedication to the patients and the level of collaboration that they have with each other, whether it be providers, nurses, techs, as well as our vascular counterparts, radiology, and infectious diseases, so it's not just an individual's award. It really is a team effort."

The center offers highly specialized wound care and hyperbaric medicine to patients suffering from diabetic ulcers, pressure ulcers, infections and other chronic wounds that have not healed in a reasonable amount of time. Some of the leading-edge treatments offered at the Wound Care Center include negative pressure wound therapy, debridement, application of cellular-based tissue or skin substitutes to the wound, offloading or total contact casts and hyperbaric oxygen therapy.

“It never gets old receiving this award, especially knowing how hard everyone on this team works to provide the best possible wound care in Western New York,” remarked Joseph Canzoneri, DPM, medical director for the Wound Care Center. “We continue to be the only wound care center in the state west of Syracuse, and one of only 30 percent of the facilities in the nation, to share this distinction.”

This year, patients Lowell Melvin and Ron Drock were on hand for the award to talk about their experience being treated by the staff at the center.

Both said they were impressed by the care and skill of the staff.

Melvin had serious, long-lasting wounds on his legs that other doctors had been unable to treat. He didn't have high hopes for a cure when he first arrived at the center, he said. He expected his legs would need to be amputated.

“Dr. Joe (Joseph Canzoneri, DPM) made the same promise probably twenty other doctors had made, but the big and different thing was, he kept it. When he said he could heal them, he did,” Melvin said.

Top photo: Dr. Samar Alami, Dr. Joseph Canzoneri, Stacey Banker, from Healogics, and Lisa Albanese, program director at the center.

Ron Drock, Lowell Melvin, and Melvin's significant other, Leigh Squiels.

The wound center staff with their three annual awards.

Dr. Samar Alami, Dr. Joseph Canzoneri, Sharon Grimes, and Dr. John Wickett.

Press release:

On Friday, May 31, from 5:30 to 9:30 p.m. Northgate Free Methodist Church in Batavia will host the first Marriage Night simulcast event in partnership with RightNow Media.

Marriage Night offers husbands, wives, and engaged couples the opportunity to hear from Francis and Lisa Chan ("You and Me Forever"), Les and Leslie Parrott ("The Good Fight"), and Christian comedian "Michael Jr."

Registration is $15 per person, and includes dinner prior to the simulcast.

Healthy marriages don’t happen by accident. They require work and dedication, but with the busyness of life and the pressures of culture it’s easy to lose focus. What is marriage supposed to look like when those initial bursts of excitement give way to everyday troubles and routines?

This event provides expert teaching and principles for a lasting relationship while challenging the couples to see the greater purpose of marriage — to glorify God and advance his Gospel. Marriage is made for more than fairy tale ending. It’s a picture of God’s hope and redemption for a world in need of rescue.

Northgate Free Methodist Church is located at 8160 Bank Street Road, Batavia.

To register and find out more information, visit here. If you have questions, you may call the office at (585) 343-4011 or email Pastor Gloria at gloria@northgatefmc.com

Invite your friends, family, coworkers, and neighbors to attend this one-night event.

Officials at Western Regional OTB released a statement this afternoon flatly denying a report that there is an FBI investigation into "lucrative contracts" for "politically wired" companies.

Buffalo-based Investigative Post reported that the FBI is looking into contracts granted to firms with ties to OTB Chairman Richard Bianchi, a member of the Monroe County Conservative Party’s executive committee, and CEO Henry Wojtaszek, former chairman of the Niagara County Republican Committee.

Reporter Jim Heaney wrote that the story is based on multiple unnamed sources. He wrote that an FBI spokesperson would neither confirm nor deny the existence of an investigation.

Batavia Downs and Western OTB spokesman Ryan Hasenauer released the following statement:

“The FBI has not confirmed that there is an investigation of the Western Regional Off-Track Betting Corporation (WROTB) and WROTB has not received any inquiry from the FBI.

“Any inquiry or investigation would learn that our contracts are reviewed by an independent Board of Directors appointed by the County Legislatures of 15 counties and the Mayors of two cities. These contracts are audited, public documents and available for public inspection. Furthermore, WROTB has procurement policies that are strictly observed.

"We are proud of our record at WROTB, as the only municipally owned and operated gaming facility in New York State. We are not just a strong economic driver for Western New York, but we provide critical funding for community development which creates jobs, protects families and helps to offset tax increases for residents.”

A two-car accident with unknown injuries is reported at West Main Street and Dellinger Avenue in the city. City fire and Mercy medics are responding

It is a Class D felony.

Adam H. Brokaw, (inset photo) of Northern Boulevard, Batavia, will also have to register for permanent listing on the Sex Offender Registry, although his (threat) level (for reoffending) won't be determined until midsummer.

The case stems from a party at his house with a theme of "high school reunion" on Friday night, Nov. 10, 2017.

Brokaw and his wife, Ellen, invited several friends, including the victim, who said in court she had been friends with Ellen for about five years and felt safe and comfortable around the Brokaws. When she arrived, she headed downstairs where everyone was at the bar, including some members of law enforcement.

She joined with others in "doing shots." Over the course of the evening, she told police, she drank "an entire bottle" of Goldschläger -- Swiss cinnamon schnapps -- a liqueur that is 87 proof. She got sick and vomited outside over the porch railing. Adam Brokaw, according to court testimony, knew this and knew how incapacitated she was. The victim's children had to be brought over to the Brokaws because their mother was not able at that point to care for them at home.

Later the victim passed out on the couch, unconscious. Before that happened, she was unable to sit up unassisted and she could not keep her eyes open.

Her pants had been unbuttoned by Ellen and Adam "to make her more comfortable" as she slept on the couch, according to statements in the presentencing report.

But her rear end was hanging out and she felt the cold couch, the victim said in court today, as she came in and out of consciousness.

Ellen had gone to bed and Adam, who was himself intoxicated, stayed up to pick up the post-party mess.

At some point in the early morning hours Saturday, she recalls her left leg being swung over the couch and her foot planted on the floor. The victim said she felt a man fondling her breasts and penetrating her vagina with his fingers, then attempting to penetrate her with his penis. She heard the click of a camera and saw a flash. She still hears the heavy breathing.

When she came to, she found her underwear twisted all around. She felt she had been sexually assaulted and woke up Ellen.

"I had to keep your filth on me until I could get to the hospital," the victim said during her victim impact statement before sentencing.

"I sometimes think what if my children had woken up and seen you raping me?"

Ellen Brokaw drove the victim to the hospital.

"There are 20 steps in a rape kit," the victim said ruefully. "Twenty steps."

They poked and prodded and swabbed inside and outside every orafice of her body, gave her tests for sexually transmitted diseases, drew her blood, and bagged her underwear and other clothes for evidence. They scraped under her nails and took a hair sample. They gave her a "Plan B" pill (morning after emergency contraception pill) that made her experience severe uterine cramps.

"I'm still in shock. I am disgusted. You are disgusting," she hissed, adding that once she got home "I couldn't make the shower hot enough or long enough. And afterward, I still felt your filth on me."

"You're a piece-of-shit scumbag who took advantage of me," the victim said, although he took "an oath to protect and serve."

In the aftermath, her life has become a regime of pysch meds for depression and anxiety; a sexless marriage -- for now -- because she has flashbacks and trust issues; the loss of a once-close circle of friends; the loss of her old self, her confidence and sense of self worth; all the anger, the aloneness.

"This stops today," the victim said, vowing to regain her strength and independence.

Before returning to the gallery, she thanked Batavia Police Detective Thad Mart, her therapist, UMMC staff and family members for helping her. She was supported in Genesee County Court by at least 15 people.

Brokaw, who is at least 6'5" and solidly built, with shorn hair, sat at the table and stared frozenly ahead when the victim held forth from the podium. He wore tan pants, black athletic shoes, and a pale persimmon-colored T-shirt. His wife, parents, and one other supporter sat behind him in the gallery.

Next First Assistant District Attorney Melissa Cianfrini was incredulous that the PSI examiner talks in the report about "the defendant's pain."

She accused Brokaw of attempting to minimize his role in the sexual assault -- by denying he attempted to penetrate her with his penis or that he fondled her breasts, of lying, of portraying himself as a victim, one who has been villified and has become a pariah.

In fact, it was only after DNA tests came back on April 26, 2018 that he admitted to his family that "something happened," Cianfrini said, underscoring her point that by no means did he own up to anything straightaway.

"She was raped and he perpetually lied about it for an extended period of time," Cianfrini said.

At this point, the defense attorney, Matthew Lembke, stood and said it was "improper" for Cianfrini to speak as she was, and that it amounted to her asking that Brokaw be punished for exercising his rights as an American citizen and for adhering to his counsel's advice.

He asked Judge Charles Zambito to strike the First ADA's comments from the record. Zambito declined and said he had no intention of punishing anyone for exercising their rights.

Brokaw shifted in his chair and cupped his chin with one hand and grasped his elbow with the other.

Cianfrini mentioned the glowing letters included in Brokaw's file that speak of his integrity and honor, and reminded the court that this same person ejaculated on the victim: There were seven different areas of the victim's underwear and three areas of her body that tested positive for Brokaw's semen.

A letter said Adam Brokaw is the kind of man who would get up at 2 a.m. to feed a stray kitten. Cianfrini said, and yet, the same man took advantage of "a helpless victim who couldn't get away" in the wee hours that November morning.

"He knows what prison will be like for him," Cianfrini said. "We should send a message that his conduct is reprehensible."

She asked for six months of jail and 10 years probation for Brokaw.

Lembke tried for the better part of an hour to sway the judge against any incarceration, saying his client is a veteran, with a fine record of service in law enforcement. He added that Brokaw's highly unlikely to ever do such a thing again; his chance of recividism is nill.

Lembke also disputed the prosecutor's contention that he acted as he did because "he thought he could get away with it" and said his client knows he should never have behaved as he did. Lembke said Brokaw has never pretended that he did nothing wrong.

"He never blamed anybody or suggested she made things up," Lembke said.

Then he went on about the philosophical struggle of humankind -- wrestling with the eternal questions such as why bad things happen and why good people endure famine, the loss of a child, sexual assaults and unspeakable acts of cruelty. He concluded by saying the answers are never simple because people are complicated.

Brokaw's actions were an aberration, an opportunity seized in the moment, fueled by alcohol.

"There's no denying what happened here is inexcusable," Lembke said. "(The victim's) feelings are right and there's just no excusing it."

Still, Lembke maintained nothing would be served by jail time, only retribution.

His client struggles with his own depression and anxiety since the high-school-reunion-party-gone-wrong, "self-inflicted or not."

"He regrets every minute of it," Lembke said. "He says 'I can't say how sorry I am. I will regret it for the rest of my life.' "

Lembke reminded the court to remember Scripture and to "love the sinner, but hate the sin."

He sought a sentence of probation only.

Zambito said maybe retribution shouldn't be part of a sentence but it's part of life. The community has to have faith in the judicial system. The court is obliged to fashion a sentence that bolsters that faith, and provides justice to all parties to the best of its ability.

"Otherwise the people would resort to self help," Zambito said.

The judge acknowleged Brokaw's military service, his former career in law enforcement, and his family. He said the letters sent to him pleading for lenience and mercy are "not his job."

This case was difficult.

"Alcohol was a factor," Zambito said. "But you allowed this to proceed. Someone came to your house and she trusted you and felt safe. She had to endure a violation, physically, personally, emotionally.

"I don't think you're a monster, but you committed a monstrous act. But you did this and people need to have confidence that there are consequences."

Zambito said he could have sentenced Brokaw to up to seven years in state prison.

Brokaw was led away to jail immediately after signing paperwork. The judge also granted the prosecution's request for two stay away orders of protection for the victim and her husband, which will remain in effect until April 26, 2029.

In the fall, when school begins, the orders can be modified to allow incidental contact at school-sanctioned activities and sports since the couples' children attend the same school and are on at least one sports team together.

Fees totaling more than $1,900 must also be paid by Brokaw, including: $489.69 for restitution; $1,000 to a victims' fund; $300 felony surcharge; $50 DNA fee; $25 for SORA; etc.

"Nobody wins in this situation," the victim said.