Skip to main content

batavia

Photo: Ribbon cutting for Five Star Urgent Care in Batavia

By Howard B. Owens

Five Star Urgent Care held a ribbon cutting yesterday for its new location on Veterans Memorial Drive, next to Home Depot, in Batavia.

Cutting the ribbon is Denae McPherson, the regional practice director for Five Star.

The location is the 18th for the company.

Proud Batavia parents announce engagement of their son, Bryan Anderson

By Billie Owens
 
Mr. and Mrs. William Anderson, of Batavia, are pleased to announce the engagement of their son, Bryan Anderson, of Rochester, to Allison Nickel, of Rochester, the daughter of Mr. and Mrs. Mark Nickel, of Pittsford.
 
The engagement took place on Nov. 18th at Tony D’s on the Canal. 
 
Miss Nickel is a graduate of Fairport High School, University of Connecticut and Nazareth College. Miss Nickel is a RN at Golisano Children’s Hospital in the Pediatric ICU.
 
Mr. Anderson is a graduate of Batavia High School and attended Roberts Wesleyan College and Medaille College. Mr. Anderson is an electrical apprentice at Dynamark.
 
An Oct. 20, 2018 wedding is planned.

Family of murder victim located

By Howard B. Owens

At a press conference this morning (photo), officials with the Sheriff's Office asked for the public's help in locating the family of murder victim Sherri Colleen Butler and this evening investigators announced next of kin of been located and notified of Butler's death.

The 58-year-old woman was found dead Monday morning in her room at the Sunset Motel in Batavia, the victim of blunt force trauma to her neck.

The suspect remains at large.

Investigators are still seeking the public's helping in solving the murder case. Anybody with any information that might be helpful are encouraged to call (585) 343-5000.

Previously: Investigators trying to locate family of murder victim Sherri Colleen Butler

Fire alarm in apartment on State Street, Batavia

By Howard B. Owens

City fire is responding to 146 Bank St. for a fire alarm where the caller is blind, hears the alarm and smells smoke.

The resident has gotten out of the residence.

All other occupants are out.

UPDATE 12:57 p.m.: Fire arrived on scene and no evidence of fire nor could they find the caller. Dispatchers called the caller back. City fire is rerouting to 146 State St.

UPDATE 12:59 p.m.: Light smoke coming from the residence.

UPDATE 1 p.m.: Smoldering rag found in the kitchen. Ventilating. 

Investigators trying to locate family of murder victim Sherri Colleen Butler

By Howard B. Owens

Investigators have been unable to locate the family of Sherri Colleen Butler, the woman found dead two mornings ago in a room at the Sunset Motel on West Main Street Road, Batavia, so they released her name today in the hope somebody will see it and contact them with more information about her.

As far as investigators know, Butler has been living at the Sunset Motel since the January 2014 when deputies first had contact with her.

She has a record of prior law enforcement contacts in Rochester.

Not much else is known about here, said Undersheriff Gregory Walker during a press conference this morning.

Butler is described as a white female, age 59.

She was last seen alive Friday or Saturday.

Emergency dispatch received a call at 11:57 a.m. Monday of an unresponsive woman in a room at the motel. One of the motel's owners, Kevin Bezon, went to check on her because she hadn't been seen in a couple of days.

Sgt. Ron Meides was the first officer on scene and he immediately determined Butler was dead and the circumstances of her death seemed suspicious.

A medical examiner has ruled her death a homicide. The cause of death was "blunt-force trauma to the carotid artery."

Chief Deputy Jerome Brewster said Butler had no other serious injuries. He would not say whether there was evidence of a related crime, such as robbery or sexual assault. 

There was no drug paraphernalia in the room.

There was no sign of forced entry. 

Brewster said no information will be released at this time on whether there is a suspect or suspects.

“It’s hard to assume whether it was somebody she knew or not,” Walker said.

Like all the residents of the motel, Butler paid her rent on a weekly basis. Co-owner Lynn Bezon said Butler always paid her rent on time and was a pleasant resident.

"She was a sweet lady," Bezon said.

Butler's prior police contact did include an arrest, according to available information. She was arrested in May 2014 for harassment, 2nd, and trespass. She was arrested in July 2014 on a warrant for criminal contempt.

Homicides remain rare in Genesee County. The most recent cases include the last one on Dec. 1, 2015, when Kyle Johnson killed Norman Ball on Selden Road in Le Roy. In December 2014, Baby Chandler died of head trauma and Jeffrey L. Deats was charged with manslaughter. A few days later, Deats took his own life while in custody. In 2009, Scott Doll killed Joseph Benaquist in Pembroke.

The unsolved murders in the county include Bill Fickel, Annie Lee, Eddie Freson and Kisha Sullivan.

Asked how he thought this case might be a hard case to solve, Brewster said, "I never go into one thinking I’m not going to win."

Solving the Butler case though may hinge, Brewster said, on the cooperation of people who aren't normally comfortable talking with the police.

"Because she lived in a motel unit and paid week-to-week, she would have been in contact with people that are similarly fixed and sometimes these people don’t really communicate with the police," Brewster said. "We’re hoping that when they realize this woman has been murdered that they may decide step outside themselves and help the police for once. They could be a big help to us if they decide to come forward."

Progress being made in preparing for 2018 Batavia Muckdogs season

By Howard B. Owens

Bad weather is delaying the start of field repairs at Dwyer Stadium according to Muckdogs General Manager Dave Chase while other preparations for the 2018 New York Penn League season, which opens June 18, remains a work-in-progress.

There is a new phone number for the Muckdogs: (585) 483-DOGS (3647).

Today, new computers should arrive. Wi-Fi, with broadband from Empire Access, is working.

Ticket sales should begin around May 1.

Chase said staff has been working with Wilson Sporting Goods on new uniform jerseys (one red and one black).

Currently, field work is scheduled to begin Monday, provided there is a solid break in the weather, and should be completed in five to seven working days.

Rain or shine -- GC Master Gardeners host annual Spring Garden Gala May 19

By Billie Owens

Rain or shine, the Genesee County Master Gardeners will be hosting their annual Spring Garden Gala on Saturday, May 19, from 10 a.m. to 1 p.m. at Cornell Cooperative Extension of Genesee County, 420 E. Main St. in Batavia.

This annual plant sale features a variety of perennials, many of which are from the gardens of Master Gardeners. There will also be a selection of house plants and locally grown geraniums. Plant sale starts promptly at 10 a.m. No early birds please.

Step inside and visit the Basket Auction for garden art, gift certificates and a variety of themed baskets. Gently used garden books will also be for sale. Basket Auction drawing starts at 12:30 p.m. A limited selection of handcrafted garden art will be available for purchase.

Bring in a soil sample from your garden or lawn for a free pH test. Master Gardeners will be available to answer your gardening questions. There will also be a demonstration at 11:30 a.m. on how to divide some common perennials.

Don’t miss your chance to pick up some great plants, garden art and other interesting items. Arrive at 10 a.m. for the best plant selection. Proceeds from the sale benefit the educational outreach of the Genesee County Master Gardener Program.

For more information contact Brandie Waite at Cornell Cooperative Extension of Genesee County, (585) 343-3040, ext. 101, or stop by the Extension office in Batavia.

Three bridge projects for this summer moving forward

By Howard B. Owens

Resolutions to help advance three bridge projects scheduled for this summer were approved by the Public Service Committee of the County Legislature on Monday.

The project fund for replacement of the Searls Road Bridge over Spring Creek was increased by $16,500, with all but $825 of that coming from federal grant funds.

The money is necessary to acquire additional right-of-way on the roads leading up to the bridge.

The bridge will be widened from 22 feet to 30 feet -- the new federal standard -- but most of the additional right-of-way is needed during construction, County Highway Superintendent Tim Hens said.

Elba Farms has donated the land for the right of way on the west side of the road but the land on the east side is tied up in an estate and there is a Federal income tax lien on the property, so much of that additional $16,000 is going to a consult to help navigate the legal tangles.

The total cost of the Searls Road Bridge is $870,000, funded through federal grants.

The Pratt Road Bridge project over the Tonawanda Creek is also getting a budget bump of $13,300, all but $650 from federal grants, for right-of-way acquisition. Again, a consultant is needed to assist with the process. The total cost of the project is $2.082 million.

Three resolutions were passed in support of the project replacing the Stroh Road Bridge. Two of them accept a state grant of $100,000 in support of "multimodal" transportation (which means car, pedestrian, bike). The third resolution awards a $1.423 million construction contract to L.C. Whitford Co. Inc., of Wellsville.

The project is a complete replacement, including the stacked-stone abutments, put there in 1910.

BHS football and track star headed to Division I UB

By Howard B. Owens

Anthony "Butchie" Ray, who starred in football and track and field over the past four years at Batavia High School, has accepted a scholarship offer from University at Buffalo.

UB is a Division 1 school so it's a chance to compete at the highest level in collegiate athletics.

"Getting a scholarship from a Division I school is amazing," Ray said. "I never dreamt of going to a Division I school." 

During his athletic career at BHS, Ray was a member of seven teams that won sectional titles and he won 10 individual sectional titles in track and field.

Six times he was named to a Greater All Rochester team in either football or track.

The Bulls recruited Ray to be part of the track team where he'll throw discus and shot put.

While Brockport isn't Division I, Ray could have played football there, so it was a tough decision, said Ray, who was part of three Section V title teams in football with the Blue Devils.

UB, he decided, was where he felt comfortable.

"I liked the school and the facilities," he said. "I liked the atmosphere. When I thought about it a second I thought, 'like, wow, a Division I school. That's crazy. I'll get to go where some of the greats go.' "

Photo: Track Coach Nick Burk, Ray, his father Tony Ray, in the front row. Back row, football Coach Brennan Briggs, Coach Dan Geiger, and Athletic Director Mike Bromley.

Law and Order: Duo accused of conspiracy in theft of gasoline

By Howard B. Owens

Amanda E. Havens, 36, of Munson Street, Le Roy, and Thomas Williamee (no further info released) are charged with petit larceny and conspiracy, 6th. Havens and Williamee are accused of stealing gasoline from Top's Friendly Market.

Anthony Charles D'Ambrosia, 38, of Mosley Road, Rochester, is charged with bail jumping. D'Ambrosia allegedly failed to appear for a scheduled court date in City Count. He turned himself in within 30 days of his scheduled appearance. He was jailed on $500 bail.

Minnie Marie Henry, 30, of Central Avenue, Batavia, was arrested on a warrant for alleged failure to meet sentencing requirements. He was arraigned and jailed.

Leroy Thornton III, 27, of Ashland Avenue, Niagara Falls, is charged with harassment, 2nd. Thornton allegedly threatened another person during a disturbance on Dellinger Avenue at 9:10 p.m. March 11.

John P. Henning, 56, of Batavia, is charged with criminal contempt. Henning was arrested by State Police on Monday. No further details released.

Accident with injuries reported on Lewiston Road, Batavia

By Howard B. Owens

A two-car accident with injuries is reported in the area of 7720 Lewiston Road, Batavia.

Town of Batavia fire and Mercy EMS responding.

The vehicles are blocking.  

Oakfield Fire Police requested to close southbound traffic.

UPDATE 8:04 a.m.: Roadway is reopened.

Fine dining at Dibble Center follows 'Romantic Masterpieces' concert at Elba Central School

By Billie Owens

CORRECTION: Updated to clarify the concert is at Elba Central School Auditorium.

You are invited to a special afternoon "Romantic Masterpieces" concert performed by the Genesee Symphony Orchestra at Elba Central School followed by fine dining at the Dibble Family Center on Sunday, May 6.

The concert is at 4 p.m. Cocktails are available at the cash bar along with hors d'oeuvres beginning at 6 o'clock at Dibble Center. Dinner will follow at 6 p.m.

Dinner choices are:

  • Steak au poivre with grilled vegetable & potato;
  • Chicken French -- egg/cheese battered chicken, sauteed in white wine and lemon, served over angel-hair pasta with escarole & artichoke hearts;
  • Grilled salmon with grilled vegetable & potato.

All dinners include garden salad, fresh rolls, and butter, coffee, tea, and dessert.

Cost is $25 per person, $45 per couple.

Reservation deadline is May 3 to Roxie Choat at 356-9635.

The Dibble Family Center is located at 4120 W. Main Street Road, Batavia.

Law and Order: Rochester man caught in act of allegedly stealing scrap metal

By Howard B. Owens

James Benjamin Page, 38, of Edgeware Road, Rochester, is charged with petit larceny, aggravated unlicensed operation, driving without an ignition-interlock device. Page was allegedly found by Deputy Jeremy McClellan at 11:35 p.m. Saturday loading scrap metal from a local business into a vehicle without permission. He allegedly had possession of control of the vehicle at the time.

Mallard Akoma Newkirk, 25, of Lake Artesia Road, Faison, N.C., is charged with unlawful possession of marijuana. Newkirk was arrested after a report of the odor of marijuana coming from a hotel room at the Econo Lodge in Pembroke at midnight, Saturday.

Patricia Lynn Gertis, 57, of Mount View, Arcade, is charged petit larceny. Gertis is accused of shoplifting from Kohl's Department Store in Batavia.

Deborah Ann Scholonski, 48, of Griswold Road, Bergen, is charged with: DWI; driving with a BAC of .08 or greater; speeding; driving a vehicle without valid inspection; and insufficient tail lamps. Scholonski was stopped at 11:30 p.m. Friday on Route 33, Stafford, by Deputy Ryan DeLong.

Andres A. Arteaga, 20, of Batavia, is charged with DWI and driving with a BAC of .08 or greater. Arteaga was stopped at 1:53 a.m. Sunday on Route 98 in the Town of Batavia by State Police.

Buffalo-based 2nd Amendment attorney says gun-rights advocates should seek out allies

By Howard B. Owens

If gun owners are going to preserve their right keep and bear arms, they're going to do more than just complain about the progressive agenda to confiscate all firearms. So said Second Amendment Attorney Jim Ostrowski at a grassroots meeting of gun rights advocates at the Days Inn in Batavia today.

They're going to need to find allies.

Potential allies include those, he said, who think recreational drug possession should be legal.

"Guns are drugs are the same issue, if you think about it," said Ostrowski, a resident and political activist in Buffalo. "They're both private property."

He said there was a time in this country when there was no thought of restricting either guns or drugs but progressives wanted the power to control other people's lives.

Another potential ally, the #metoo movement. Women should naturally want the right to the self-protection a gun provides, he said.

"What does the government monopoly want a woman do when assaulted?" he said. "Call 9-1-1 where a criminal historian can record the assault."

Native Americans, given the history of government atrocities against them, should also be natural allies of gun rights advocates, he said.

Those whose ancestors were slaves, he said, should also be natural allies of gun rights advocates. He noted that recently progressive historical revisionists have said the only reason early America had militias was to guard against potential slave revolts. He said those who spread that as historical fact ignore the fact that militias existed where there wasn't slavery and that one reason slavery could even survive was that slaves were prohibited from owning firearms. The ancestors of slaves should be among the strongest allies for gun rights advocates, he said.

Among the chief reason to preserve the Second Amendment, Ostrowski said, is because progressives want to take guns away from citizens, which would make it easier for tyranny to take hold in this country.  

While the left wants to disarm citizens, they love a government with guns, he said.

"They love guns so much, they want to be the only one with guns," Ostrowski said.

Among his recommendations for activists is convince schools to start teaching students once again about the Second Amendment, its history and its meaning.

"They don't teach the Second Amendment in school," Ostrowski said. "That's crazy. That's why students are out protesting."

People shouldn't think, he said, the United States is necessarily immune from the potential of tyranny.

"Every race we know about has committed mass atrocities," Ostrowski said. "The whole of history is filled with examples of mass murder by the state. The Framers were well aware of this history, that only armed citizens can protect against tyranny. The Second Amendment works against tyranny. That's why the left so desperately wants the entire civilian population disarmed."

Photo: Mailbox ice mold in Batavia

By Howard B. Owens

Alyssa Wolford, of Colonial Boulevard in Batavia, submitted this photo of the perfect sheet of ice molded by her mailbox cover.

 

Photos: Young string players practice for performance May 6 with GSO

By Howard B. Owens

GSO Conductor S. Shade Zajac led a group of young musicians today in a string workshop at the First Presbyterian Church of Batavia.

The students will perform May 6 with the Genesee Symphony Orchestra at Elba Central School on Sibelus, "Andante Festivo." 

The program that day includes featured soloist Mimi Hwang on cello joining the orchestra for Elgar's "Concerto for Cello & Orchestra in E-minor."

The orchestra will also perform Wagner's "Siegfried's Death & Funeral March," Howard Hanson's "Symphony No. 2 'Romantic," and Holst's "St. Paul's Suite for String Orchestra."

The concert, "Romantic Masterpieces," begins at 4 p.m.

Tickets are available through geneseesymphony.com or GO Art!, Roxy's Music Store, YNGodess, and Smokin' Eagle BBQ  & Brew in Le Roy.

Batavia HS sweeps this year's Congressional Arts Awards for NY-27

By Howard B. Owens

Students from more than a dozen high schools in the NY-27 Congressional District entered the annual Congressional Art Show and when the top four winners were announced at GCC this morning, all four students came from Batavia High School.

Kiara Cherry won top honors and her work, "Out from Underneath," will be displayed in the Capitol Building for 12 months and she will travel to Washington, D.C., for the show's opening.

Rep. Chris Collins was on hand for the awards presentations after visiting with the students in the Roz Steiner Gallery and viewing their work.

Runner-up was Tara Clattenburg and honorable mentions went to Stephanie Hoy and Sophia Dinehart.

The art show judges see only the pictures. They don't know the artists' names or what schools they go to.

Kiara said her work is meant to reveal how people are different and everyone has a story.

The work didn't come together easily. First, she spent nearly three months working on it and as she neared completion she spilled "a ton" of India ink on it. Rather than give up on the project, she reimagined it, using pages from an old dictionary to help frame the painting of the two girls in the picture.

"I had completely different plans," Kiara said. "It was just unbelievable how everything changed, and so quickly, but it actually ended up better than my original conception."

Ask what lesson she learned from that process, she said, "Not to be cheesy or anything, but it’s like the Bob Ross quote, 'we don’t make mistakes, just happy accidents.' That was a happy accident because it paid off in the end."

Kiara wasn't surprised BHS swept the awards.

"At Batavia, everyone there is so amazing and they work so hard for what they do," she said. "We all encourage each other and Mrs. A (Mandi Antonucci) is an amazing art teacher."

Sophia Dinehart tells Collins about her painting, which is a portrait with bees and a honeycomb. She is showing, she said, how we all have ideas and thoughts always buzzing around in our heads.

Stephanie Hoy

Eva Jensen, Perry High School, with a painting of a national park in Utah, where she once lived.

Tara Clattenburg

Convicted felon charged in Arby's armed robbery

By Howard B. Owens

Michael Piasta in  2010

More than seven years ago, Michael J. Piasta stood before Judge Robert C. Noonan and said he thought he could turn his life around.

"At this point, I just want to say I don’t feel that I’m hopeless," Piasta told Noonan before receiving a maximum state prison term of seven years for burglary. "Regardless of what happens today, I think I can make things better."

Piasta served the maximum term. He was released Oct. 24.

In March, he allegedly robbed the Arby's Resturant in Batavia. Today, he was arrested by Batavia PD with assistance from members of the Local Drug Task Force.

He is charged with robbery in the second degree, criminal possession of a weapon in the third degree, and grand larceny in the third degree.

He allegedly got away from the Arby's robbery March 23 with more than $6,000 in cash.

When he was arrested on West Main Street, three other individuals were in the truck with him. Batavia PD did not release any information on those individuals or whether they were charged with any crimes.

Piasta was jailed without bail following arraignment in City Court.

When he appeared before Noonan in 2010, Piasta already had a lengthy criminal record. 

On Nov. 5, 2010, Piasta entered a guilty plea to burglary, 3rd, and two counts of criminal possession of a forged instrument. Piasta also admitted that he broke into a business at 56 Harvester Ave., Batavia, and stole a credit card -- running up more than $500 in charges -- and checks. He attempted to forge the checks at two local banks.

That summer, Piasta was also accused of stealing DVDs from Pandora's Boxx and shoplifting from Wilson Farms.

BPD officer who shot robber in 1977 says 'don't let others second guess you'

By Howard B. Owens

The snowfall was pretty heavy just before midnight, Saturday, Dec. 10, 1977.  That hour was shift change for Batavia PD then and Officer Douglas D. Squires manned the only patrol car on the road in the city. He was parked at Main and Oak watching the green, yellow, and red lights change, swirls of big snowflakes fall, and any cars that might pass through the intersection.

Down the street, at Quik-N-EZ Food Mart, 40 Oak St., employees were about to close up for the night. The little shop had recently hired some new employees and Squires remembers that two or three times that week they had accidentally triggered the alarms while trying to get them set.

Carl Salway, the only law enforcement officer shot in the line of duty in Genesee County


A police-involved shooting is generally defined as a police officer discharging his weapon in the line of duty.

Based on a search of historical records and conversations with law enforcement professionals in the county who have worked locally for decades, it appears that Officer Doug Squires and Deputy Ryan Young are the only LEOs in Genesee County history to be involved in an officer-involved shooting.

It also appears that only once in Genesee County history has a police officer been shot.

In August 1921, Officer Carl Salway, Batavia PD, came within an inch of his life, literally.

That night, shortly after 10 p.m., he stumbled upon a burglary in progress of an auto storage warehouse owned by Raymond M. Walker at 241 West Main St., Batavia. 

Inside were Harold W. Pratt, 27, of 128 South Main St., Batavia, who owned a cider mill, and Earl Lee Smith, of Law St., Batavia, 27. 

Pratt shot Salway with a .45-caliber automatic pistol. The bullet passed through Salway's chest, just missing his heart.

Salway would eventually retire from the police department, but not before serving a suspension in 1931 for insubordination.

Squires, now 64, grew up in Batavia but graduated from Byron-Bergen High School. That night in 1977, he was more than a year into his five-year stint with the Batavia Police Department. He would go on to work security for Kodak before moving into sales and marketing with the company. As he moved up, Kodak moved him, first to Orlando, then Birmingham, then Atlanta, and eventually Charlotte, N.C., in 1989, where he lives in with his wife. 

He didn't realize until told today that what would transpire just before midnight that Saturday night in 1977 would stand as the only officer-involved shooting in Genesee County history until two nights ago.

As the minutes drew tighter toward midnight that night, a Batavia dispatcher informed Squires the alarm at the Quik-N-EZ Food Mart had gone off again.

Squires put his patrol car in drive and drove down Oak. As he approached, he turned off his lights. The store lights were on and the parking lot was empty.

As he pulled up, he remembered a news story out of Buffalo from a couple of days before. Two police officers had been shot and killed responding to a robbery alarm at the Holiday Inn by the airport.

"I remembered that when that alarm came in for that store, that incident came to mind and I thought I’m not going to just wheel in there and think they made a mistake and set off the alarm again," Squires said.

As he approached, he unholstered his revolver.

Peering in, he saw two female employees, Edwina Heschke, of Batavia, and Debbie Maskell, of Indian Falls, lying face down on the floor. Behind the counter, pulling money out of the cash register was a male in a ski mask.

The man in the ski mask turned out to be William M. Timoney, who was 34 at the time, recently released from Attica on parole, and a resident of Dewey Avenue. 

Squires pushed the door open, identified himself and yelled, "freeze."

Timoney looked at Squires, pointed his 14 shot .22 long rifle calibre handgun with a full magazine, at the back of one of the clerks and told Squires, "Pig, you get out of here or they’re both as good as dead."

"At that point," Squires said, "the gloves were off. He's threatening a third party with physical harm and possibly their lives."

Squires fired at Timoney and missed. Timoney ducked behind a counter, popped up again and Squires fired again, missing again.  

As the gun battle ensued, another Batavia officer, D.G. Kopper, arrived as back up.

When the perp's head popped up from behind the counter again, between the cash register and orange drink dispenser, Squires fired again. This time he caught Timoney in the face, the bullet hitting his cheek and ear.

"He was quite a mess," Squires said. "He lost his right ear. The shot picked him right up off the floor. The money went one way and the gun went another."

As Sheriff William Sheron noted today, police officers go to work every shift knowing this may be the eight hours where they get shot at or they may have to shoot another person.

Just because there have only been two incidents in Genesee County history, and now three, where an officer either shot someone or has been shot himself, doesn't mean it isn't an ever-present danger. Every chance encounter, when you're in law enforcement, can turn deadly with very little warning.

“Law enforcement officers go to work every day knowing that they may be required to sacrifice their own lives, or take the life of another human being in order to fulfill their obligation of protecting the citizens of our communities," Sheron said.

Two nights ago, Deputy Ryan Young faced the challenging decision of whether to fire his weapon after responding to a report of a disturbance and shots fired at the Log Cabin Restaurant in Indian Falls. As Young and other officers pulled into the parking lot, Keith Kent, 61, of Albion, fired another shot. Young and his colleagues yelled at Kent to drop his weapon. He didn't. Rather, Kent turned -- according to information available so far -- toward Young and pointed his pistol at him.

As Undersheriff Gregory Walker put it describing the incident while talking with reporters on Gilmore Road early Thursday morning, "Our officer did take the shot and the suspect was killed."

Timoney, the 1977 robber, was lucky. He lived. After he was shot, Squires and Kopper rushed to his side and cuffed him.

Timoney, who used a gun stolen from a home in Alexander, was treated at St. Jerome Hospital then hauled before County Court Judge Glenn R. Morton, charged with robbery in the first degree along with several other charges, then jailed without bail.

The district attorney in 1977 was Ronald L. Fancher. He settled on a plea agreement for Timoney, attempted robbery.  Timoney entered a  guilty plea and was sent to state prison for less than four years. He was released in 1982. By 1984, he was back in prison for an armed robbery in Queens, serving a maximum 15-year sentence. He was released in 2000.  In 2000, his name pops up in a couple of stories in the New York Daily News about homeless people in the city.

Squires described shooting Timoney as "a surreal experience." He was put on paid leave and he had to turn over his revolver for ballistic testing. 

"I had a lot of sleepless nights," he said. "It was quite an experience. Most police officers never even draw their weapons or let alone fire their weapons over a 20 or 30-year career. Here, I'm on the job for at most a couple of years and I run into something like this."

Eugene Jankowski, who served Batavia PD for more than 35 years, starting in 1978, was a corrections officer in the Genesee County Jail the night Squires shot Timoney.  He remembers Timoney coming into the jail with a big bandage on his ear.

Now City Council president, Jankowski is a firearms expert and led in the creation of the county's Emergency Response Team.

Even though Jankowski never encountered a situation that escalated into the need to shoot somebody, he faced many life-and-death decisions during his career. Training and experience are critical to helping officers handle the unexpected, he said.

"I’ve found scenario-based firearms and defensive tactics training, combined with state law and department policy, was the most beneficial to me," Jankowski said. "That, along with real-life experience helped me to physically and mentally prepare for many types of use-of-force encounters."

Squires said he thinks about Dec. 10, 1977, every time another police shooting hits the news.  

"Until you're a police officer and you go through it, there's really not much you can think about to know what it's like," he said.

His advice for Young or other officers who must fire their weapon at suspects: Don't second guess yourself.

"And don't let others second guess you. Just know that it's your job and you have to do what you have to do to defend yourself or innocent bystanders. You have to know what you did is right."

Authentically Local