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A jury has been selected in the trial of Antwan Odom, charged with first-degree assault, a Class B violent felony, following an altercation with Ray Leach on Aug. 4, 2018, and attorneys will present their opening arguments to the jury late tomorrow morning (Tuesday).
Frank Housh, representing Odom, indicated during a brief conversation this afternoon, that he intends to make at least some of his defense of Odom about the character of Leach.
Odom and Leach were teammates at Batavia High School in football and basketball, and the alleged assault took place just before football practices were set to begin for the 2018 season. That was Leach's senior season in which he set state records as a running back and helped lead the Blue Devils to a state championship game.
In May, Housh first indicated he intended to try and impune Leach's character, telling reporters outside of court that Leach was the aggressor and had a reputation, known to his client, for being an aggressive person.
At a hearing that day, Housh had said he intended to file a motion to bring up evidence that questioned Leach's character. Throughout pretrial motions, he held open the possibility of filing such a motion. He never filed the motion. Today he said he didn't file the motion because it isn't necessary. He can raise that defense, he said, without a specific motion and ruling from Judge Charles Zambito.
"It goes to the reasonableness of my client's defense," Housh said.
The justification defense was apparently on District Attorney Lawrence Friedman's mind during jury selection today.
During one panel interview, he asked prospective jurors if they could set aside any personal beliefs about what might constitute justification and follow the legal explanation as proscribed by New York law that Zambito will provide them during jury instructions. All of the potential jurors on that panel said they could follow the law.
Race was on the minds of both attorneys, as well. Both Friedman and Housh asked jurors if they could come to an impartial decision involving a case where the defendant is black. When Friedman asked the question one woman said she was raised in a racist household and she didn't believe she could be impartial.
Housh emphasized the point again and told the jurors that the women did the right thing, and showed courage by speaking up.
"It's OK to say if you feel that way," Housh said. "I need to know so my client gets a fair trial."
At that point, an older man in the back row raised his hand and said he had also been raised in a racist household and perhaps that would influence his thinking.
None of the potential jurors at that point were black.
Housh also wanted to know if any potential jurors had any strong feelings about marijuana use and none did.
Court documents that became public in August 2018 indicate that Odom accused Leach of stealing marijuana.
That apparently led to an argument. Leach allegedly received at least 10 cuts from a small knife, some of which required surgery. He missed some practice time but was ready to play by the season opener.
The trial is expected to begin tomorrow sometime between 10:30 and 11 a.m.
Pictured: Kelly Rapone, GC Chamber of Commerce Tourism Marketing director and Lauren Humphrey, Tourism Program liaison.
Submitted photos and press release:
AUBURN -- The Genesee County Chamber of Commerce is pleased to announce that their tourism staff and programs have earned Tourism Excellence awards at this year’s New York State Travel Industry Association (NYSTIA), annual Tourism Excellence Awards held in Auburn Sept. 26-27th.
The New York State Tourism Industry Association recognizes leaders in New York State's tourism industry who have achieved a high level of excellence and accomplishment with the Tourism Excellence Awards.
Individuals and organizations are selected from nominees that have demonstrated commitment, leadership, and accomplishment in the travel and tourism sector from Jan. 1, 2018 to May 31, 2019.
Kelly Rapone, Tourism Marketing director, was selected to be the inaugural recipient of the NYSTA Leadership Award, which is intended to recognize a NYSTIA member whose achievements as a tourism professional are matched by both their personal stewardship and leadership on behalf of both New York State Tourism in general and the membership of NYSTIA in particular.
“Kelly’s tourism marketing efforts have earned numerous awards, and she is quick to think outside the box to develop initiatives like the Haunted History Trail that engage and benefit many other New York State destinations," said Christine Hoffer, NYSTIA’s chief operating officer.
"At the same time, she dedicates countless hours of her personal time and motivates others to follow her example through her leadership of the NYSTIA’s DONY scholarship auction committee, involving dozens of members and contributors.
"In addition, during 2018 and 2019, Kelly’s personal commitment was vital to the successful documentation and report preparation for NYSTIA’s Market NY grants, which benefited the over 30 NYSTIA members who participated in the BrandUSA campaign."
The Chamber also received a Niche Marketing Excellence Award for their popular golf packaging program.
Developed in 2006 to bridge the “booking gap” for consumers, the Chamber partnered with several courses and hotels to build packages which were then promoted primarily in Southern Ontario. In 2017 the tourism office launched a social media ad campaign to increase their reach.
By May 2018 the program had already booked more than double it had done in the 12-year program history and increased their new customer bookings by 60 percent.
“This year’s Tourism Excellence Award winners have and will continue to take New York State’s tourism industry to new levels of success, driving economic growth across the state," Bob Provost, NYSTIA president and CEO. "These awards recognize tourism professionals not only for their creative marketing programs, but also for their passion and commitment to their communities."
Falan Janee Young, 27, of Ackerman Street, Rochester, is charged with: criminal possession of narcotic with intent to sell; criminal possession of a narcotic drug; unlawful possession of marijuana; aggravated unlicensed operation of a motor vehicle; and having side wings/windows not transparent on her vehicle. She was arrested at 12:37 p.m. on Sept. 26 on Clinton Street Road in Stafford. She was the driver and sole occupant of a vehicle stopped on Route 33 in the Town of Stafford. During the traffic stop, it is alleged that Young was found to be driving while her privilege to do so was suspended. She was later allegedly found in possession of crack cocaine and marijuana. She was arraigned in Stafford Town Court and jailed in lieu of $10,000 cash bail or $20,000 bond. Young is due back in Stafford Town Court on Oct. 1. The case was handled by Genesee County Sheriff's Deputy Andrew Mullen, assisted by Investigator Ronald Welker.
Shuvon Joanne Williams, 43, of Leopard Street, Rochester, is charged with second-degree harassment. Williams was arrested on Sept. 26 and arraigned at 10:30 a.m. in Batavia City Court following the investigation into a bomb threat made at 3:40 p.m. on April 23 at a medical offices on Bank Street in Batavia. The charge was worked out as part of a plea arrangement. The case was handled by Batavia Police Det. Eric Hill.
Ronald J. Murray, 25, of Wood St., Batavia, is charged with second-degree burglary and petit larceny. He was arrested Sept. 29 on a Batavia City Court warrant stemming from an incident on Aug. 7 on East Main Street Road in Batavia. Murray is accused of entering the dwelling of another person and stealing property. He was arraigned in Batavia City Court and jailed in lieu of $15,000 cash or $30,000 bond and is due in court again at a later date. The case was handled by Bataiva Police Officer Stephen Quider, assisted by Officer Sean Wilson.
Derrick Roy Kio, 28, of Broadway Road, Darien, is charged with second-degree criminal contempt. Kio was arrested on Sept. 22 after an investigation into an alleged violation of an order of protection at a location of Bank Street in the City of Batavia. He was issued an appearance ticket to be in Batavia City Court on Oct. 8. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Stephen Quider.
Rae C. Cook, 30, of Jackson Street, Batavia, is charged with second-degree harassment. Cook was arrested at 11:40 a.m. on Sept. 24 on East Main Street in Batavia, arraigned in Batavia City Court and released on her own recognizance. She is due back in city court on Oct. 10. The case was a handled by Batavia Police Officer Adam Tucker, assisted by Officer Jordan McGinnis.
Kenneth R. Torrico, 31, of Westchester Boulevard, Tonawanda, is charged with: two counts of falsely reporting an incident; petit larceny; and fourth-degree criminal mischief. He was located and arrested on warrants out of Batavia City Court for allegedly falsely reporting two incidents at two addresses on State Street, Batavia. The first was at 1:55 a.m. on June 10; the second was at 3:22 a.m. on June 11. In addition, he had a warrant for petit larceny and fourth-degree criminal mischief. The latter two charges stem from an unspecified incident at 6:38 p.m. on June 7 on Ellicott Street in Batavia. Torrico was arraigned in city court Sept. 26 and is due back there Oct. 3. The cases were handled by Batavia Police Officer Felicia DeGroot, assisted by Officer Mitchell Cowen.
Dylan L. Bates, 25, of Townline Road, Byron, is charged with: driving while intoxicated with a BAC of .08 percent or more; DWI; leaving the scene of a property damage accident; and moving from lane unsafely. He was arrested at 12:23 a.m. on Sept. 29 after the investigation of a single-car accident in the Town of Byron. He was released on appearance tickets and is due in Byron Town Court on Oct. 21. The case was handled by Genesee Coumty Sheriff's Deputy Kenneth Quackenbush, assisted by Deputy James Stack.
Brian E. Mack, 35, of Sumner Road, Darien, is accused of: driving while intoxicated with a BAC of .08 percent or more; DWI; operating a mobile phone while operating a motor vehicle; and moving from lane unsafely. At 2:15 a.m. on Sept. 29, Genesee County Sheriff's deputies responded to a report of a vehicle in a ditch at 10537 Alleghany Road, Darien. They arrived on location to find an SUV in a ditch near the Darien Fire Department. They spoke with Mack and after an investigation, he was arrested on the charges, processed at the jail and released on appearance tickets. He is due in Darien Town Court on Oct. 8. The case was handled by Genesee County Sheriff's Deputy Ryan Young, assisted by Sgt. Ron Meides.
Walter H. Bennett, 29, of Van Aucker Street, Rochester, is charged with: aggravated unlicensed operation in the second degree; unlicensed operation; and unlawful possession of marijuana. Bennett was arrested at 6:50 p.m. on Sept. 27 on Oak Street in Batavia following a traffic stop. He was allegedly found to be driving with a suspended driver's license and in possession of marijuana. He was arrested and arraigned in Batavia City Court and jailed in lieu of $2,500 cash bail or bond. He is due back in court at a later date. The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Christopher Camp.
Jason A. Zajaczkowski, 23, of Royalton Center, Road, Middleport, is charged with criminal possession of marijuana in the fourth degree and criminal possession of a controlled substance in the seventh degree. He was arrested after a traffic stop investigation into a motor-vehicle accident that occurred at 6:16 p.m. on Sept. 21 on North Street in Batavia. He was issued an appearance ticket and is due in Batavia City Court on Oct. 1. The case was handled by Batavia Police Officer Sean Wilson, assisted by Officer Peter Post.
Robert N. Tatarka, 71, of Union Street, Batavia, is charged with driving while ability impaired by alcohol. He was arrested after an investigation into a traffic offense complaint where he allegedly drove his vehicle while impaired by alcohol at 7:41 p.m. on Sept. 25 on Union Street in Batavia. He was issued an appearance ticket and is due in Batavia City Court on Oct. 30. The case was handled by Batavia Police Officer Stephen Cronmiller, assisted by Officer Sean Wilson.
Jon N. Roblee, 44, of Summit Street, Batavia, is charged with obstructing governmental administration in the second degree. Roblee was arrested and arraigned Sept. 29 in Batavia City Court following a complaint about a disturbance at 9:15 p.m. Sept. 29 on Summit Street. He is due back in city court today, Sept. 30. The case was handled by Batavia Police Officer Sean Wilson, assisted by Officer Christopher Lindsay.
Ronald J. Murray, 25, of Wood Street, Batavia, is charged with criminally possessing a hypodermic instrument. Murray was arrested today (Sept. 30) on Jackson Street after an arrest warrant was issued by Batavia City Court. During the arrest on the warrant, the current charge was added. The case was handled by Batavia Police Officer Sean Wilson, assisted by Officer Christopher Lindsay.
Daniel S. Kuczka, 75, of Walden Creek Drive, Batavia, is charged with trespassing. He was arrested on a warrant at 11:10 a.m. on Sept. 26 for a trespassing charged filed in Batavia City Court on Sept. 24 and for which he allegedly failed to appear to answer. He is due back in city court Oct. 3. The case was a handled by Batavia Police Officer Adam Tucker, assisted by Officer Jason Davis.
Christopher P. Thomas, 35, of State Street, Batavia, is charged with owning/harboring an unlicensed dog. He was arrested at 5:45 p.m. on Sept. 28 on State Street in Batavia. He was issued an appearance ticket to be in Batavia City Court on Oct. 8. The case was handled by Batavia Police Officer Joshua Girvin.
Pudgie's Lawn & Garden: PREMIER, your one-stop shop to get your fall decorations, to find HUGE mums, pumpkins, straw bails, corn stalks, gourds and more!
Looking for a sale? Right now, Pudgie's has 50% off all PERENNIALS, TREES & SHRUBS. Now is the time to plant them for next year!
Looking Indoors? Houseplants are here! A great addition for your home for beginners or novice – as new ones arrive weekly. There are many health benefits to having live plants in your home.
Looking to continue education? We offer classes and events, too. Check out our Facebook page for more information. You are never too old to stop learning, make new friends or just have fun.
Stone isn't at home where he belongs and his owner, Kathleen, is worried about his whereabouts.
Stone's home is on Elmwood Avenue, by Kibbe Park. He's been missing since Sunday afternoon.
The feline is all gray, with green eyes, very friendly, and he loves to hide and play. He's 4 years old but is not an outdoor cat.
If anyone has seen him or has any information about him, please contact Kathleen at (585) 409-8099.
Commonly Asked Workers’ Compensation Questions:
Q. What is a Workers’ Compensation claim?
A. A Workers’ Compensation claim is a legal action that occurs when you get hurt during the course of your employment. In New York State you cannot sue your employer. When you get hurt at work, the Workers’ Compensation system provides for lost time financial payments and medical treatment required as a result of your work-related injury.
Q. How do I know if I have a Workers’ Compensation claim?
A. If you sustain an injury during the course of your employment, you should contact our office for a free case evaluation as soon as possible. We can help you determine if you have a Workers’ Compensation claim and assist you in filing the proper paperwork.
Q. How long do I have to file a Workers’ Compensation claim?
A. You are required to report your injury to your employer within 30 days. There is also a two-year time limit to file a claim with the Workers’ Compensation Board. Failure to adhere to these time limits can result in a denial of your claim.
Q. Is a Workers’ Compensation claim my only recourse if I am hurt at work?
A. In New York State, you cannot sue your employer. In some circumstances, a personal injury lawsuit can be filed in addition to a Workers’ Compensation claim. This includes, but is not limited to, injuries sustained in a work-related motor vehicle accident, constructions injuries, or injuries sustained at a location not owned by your employer. Our team of attorneys at Dolce Panepinto will assess your claim to ensure that every legal avenue available to you is pursued.
Q. How much does a Workers’ Compensation Attorney cost?
A. Workers’ Compensation fees are generated on a contingent basis. This means that we only receive payment if we generate money in connection with your Workers’ Compensation claim. More information on contingent fees can be found here. Additionally, our attorneys can explain our attorney fees in greater detail.
Q. Do I need an attorney?
A. While an attorney is not required, it is strongly recommended that you retain an attorney. The Workers’ Compensation Law is complex, confusing, and often difficult to navigate. The insurance carrier will have an attorney fighting on their behalf, we recommend that you have an attorney fighting on your behalf. Having an attorney means ensuring your rights are protected, maximizing your benefits, and making sure your questions and concerns are addressed.
Dolce Panepinto works tirelessly to protect the rights of injured workers by making sure that those responsible are held accountable. If you or a family member are injured at work, or in your private life, contact us today for a free case evaluation at 585-815-9003. For further questions regarding Worker's Compensation Law or to contact Dolce Panepinto: click here.
Press release:
The public is invited to "Duty 1st with David Bellavia: Serving Country and Community," a talk by the Medal of Honor recipient at 3 p.m. Saturday, Oct. 12. The event will kick off with a ceremony as Staff Sgt. Bellavia is honored by the Niagara Falls community with a key to the city.
Following the talk, he will sign copies of his book "House to House: A Soldier's Memoir," which will be for sale onsite during this event at The Rapids Theatre, 1711 Main St., Niagara Falls.
The will serve as a fundraiser for a new nonprofit organization created by Bellavia, called Deuce Deuce Relief Fund Inc. The fund benefits soldiers from Bellavia's prior Task Force in Iraq (Task Force 2-2), supporting soldiers and their families who are experiencing hardship or require other assistance.
"Duty 1st with David Bellavia” is Deuce Deuce's inaugural fundraiser and is generously hosted by The Rapids Theatre. General admission tickets are $22 (Deuce-Deuce). Doors will open at 2:30 p.m. Tickets are available online through EventBrite, with a link at DavidBellavia.com.
Highly in demand, Bellavia has been speaking around the country throughout the summer, and now his community has an opportunity to hear him speak at the Oct. 12 event.
About David Bellavia
David Bellavia is the only living Iraq veteran to receive the Medal of Honor, which is our country’s highest military honor.
For the June 25 Medal of Honor ceremony at the White House, the Western New York community supported Bellavia’s dream of being surrounded by every living member of his Task Force when he received the honor.
More than 750 of his neighbors donated funds to make that dream a reality. Bellavia has said, “The Medal of Honor is for all who served with me in Iraq.”
He served three military campaigns: Kosovo 2003; and Operation Iraqi Freedom I; and Operation Iraqi Freedom II.
Bellavia is a graduate of Lyndonville High School in Orleans County and the University of Buffalo. He resides with his family in Western New York.
Press release:
Notre Dame High School is proud to announce that its 2019 Athletic Hall of Fame Induction will be held on Saturday, Nov. 9, at Notre Dame High School.
This fall’s program will begin with a social hour at 5:30 p.m. followed by a dinner at 6:30. The alumni student-athlete, contributor, service awards and 1967-1969 Varsity Wrestling program recognition portion of the program to follow at 7 p.m.
Tickets for this annual event will be $45/person and a table for 10/$400.
Tickets will be available through the Notre Dame Advancement Office [585] 343-2783, ext. 106, or visit the Community Tab on the Notre Dame website.
Notre Dame High School is located at 73 Union St. in the City of Batavia.
Inductees to be honored will include:
Members of the 1967, 1968 and 1969 ND Varsity Wrestling Teams
Jill Pettigrew puts the finishing touches on a sidewalk mural she painted on the walkway leading into the new musical garden in the side yard between the Seymore Place (GO ART!) and the YMCA on East Main Street.
Installation of the musical instruments in the grant-funded musical garden is nearly complete. No word yet on when it will be open to the public.
This afternoon, Sarah and Casey Stockwell install a display for the Genesee County Chamber of Commerce on East Main Street, Downtown Batavia, as part of the Business Improvement District's annual scarecrow contest.
Sarah is in accounting and HR at the Chamber. Steve Falitico, the chamber's membership development director, helped design the display.
Press release:
The sets are being built, the costumes are being bloodied and now the talent has been cast for next month's production of "The Rocky Horror Picture Show" at Genesee Community College!
Brodie McPherson, director of the show and also GCC's instructor of Theater Technology, released the cast list today (Sept. 27) for what promises to be the college's biggest theater production of the season!
GCC's Forum Players Theatre Company will perform Richard O'Brien's “The Rocky Picture Horror Show,” Thursday, Friday and Saturday, Oct. 17, 18, and 19 at 7:30 p.m. and again Sunday, Oct. 20 at 2 p.m. in the College's Stuart Steiner Theatre.
"The Rocky Horror Picture Show" will feature GCC students representing many majors and four different countries, as well as a GCC alumnus. Audiences will enjoy the talent, style and a little craziness from the following:
And playing Phantoms throughout the productions will be:
This show will take full advantage of all the high-tech sound and lighting equipment at the College's state-of-the-art theater. The full scene and costume shops provide dynamic sets, clothing and special effects to take this production over the top. In addition, special "Goodie Bags" to be sold for $5 are in development as is some pre-show, intermission and post-show opportunities for the audience to interact with the cast.
"This show promises to be among the most memorable experiences not only for GCC's Forum Players, but also for our audience and supporters. It really is not to be missed," McPherson said. "Everyone should enjoy the perfect prelude to the Halloween season with a performance that is 'out of this world!' "
Tickets for "The Rocky Horror Picture Show," performed by GCC's Forum Players Theatre Company, are: $8 for adults; and $5 for seniors (55+) and students (16+) and GCC faculty/ staff. GCC students with ID are $3, and GCC alumni with ID will receive a $2 discount on an adult ticket.
To reserve seats, contact the GCC box office today at boxoffice@genesee.edu or (585) 345-6814. Seating is limited and advance reservations are strongly advised. The show is designed for mature audiences only.
Photographer Ray Williams shared these photos with us that he took today at the sand wash at DeWitt Recreation Area in Batavia.
Autumn Miles, a survivor of domestic abuse and an advocate for adoption, was the guest speaker Thursday night at the annual All Babies Cherished banquet at Quality Inn & Suites.
She is the founder of Autumn Miles Ministries, an organization based in Dallas devoted to spiritually challenging the way women think.
Miles covered a range of topics, including her Biblically based pro-life message, saying at one point, "God is pro-life."
All Babies Cherished is a pregnancy center on Ellicott Street in Batavia.
Taken yesterday evening.
A car vs. bicyclist accident is reported in front of the Holland Land Office Museum, 131 W. Main St. in the city. City fire, Mercy medics and police are responding.
UPDATE 12:32 p.m.: The bicyclist was evaluated at the scene. No injuries; he was not transported for medical care. A first responder said it appears the bicyclist was at fault and he was given a warning but not cited.
Press release:
The members of the Museum Quilt Guild of Batavia will soon be enjoying the talents of renowned quilter and instructor, Linda M. Poole, of Milford, Pa., when she visits the guild for three days next month. The public is also invited.
Author of "Painted Appliqué: A New Approach," Poole stays busy as a quilt instructor, lecturer, and fabric designer, and her life revolves around photography, writing, painting and sewing.
To see her work, visit her website.
She has a passion for travel, teaching and sharing her experiences with people around the world. She has taught throughout the United States, the United Kingdom, Germany, Turkey and Italy.
The guild is very lucky to be able to invite instructors of this caliber to the area every other year, opposite their biennial quilt show. In the past, such names as Wendy Butler Berns and Paula Nadelstern have visited.
Most of the members would never get an opportunity to learn from these well-known instructors without traveling to larger venues.
Poole will be teaching classes using her “painted appliqué” technique.
On Thursday, Oct. 17, the class is titled “Acorn Wreath." On Friday, Oct. 18, the class is “Monarch Butterfly.” Classes will be held from 9 a.m. - 3:30 p.m. at the Batavia First United Methodist Church, 8221 Lewiston Road, Batavia.
There are still openings in the classes, and you don’t have to be a guild member to attend. Fee for each class is $60, plus a $35 fee for a kit containing almost everything needed for the class.
Poole will be presenting a lecture titled “A Quilted Journey Around the World” at the guild’s regular meeting at 9:30 a.m. on Saturday, Oct. 19, at the VA Medical Center (Building 4, west end, second floor), 222 Richmond Ave., Batavia. The public is welcome to attend. Admission fee is $5.
For more information on the classes or the guild, contact Martha Lorshbaugh: 585-993-0357 or lorshbaughm@gmail.com, or visit the guild website.
Photos of examples of Poole's quilts from her website.
Press release:
Batavia Domino’s, located at 563 E. Main St., and the National Fire Protection Association (NFPA) are teaming up with the City of Batavia Fire Department to promote fire safety during Fire Prevention Week (Oct. 6-12).
On Oct. 9 and 10 from 6-8 p.m., anyone who orders a Domino’s pizza may be randomly selected and surprised at the door when their pizza arrives aboard a fire engine. If the smoke alarms in the home are working, the pizza is free. If the smoke alarms are not working, the firefighters will install a fully-functioning alarm or replace the batteries.
“Fire safety is extremely important,” said Allan Erwin, Batavia Domino’s franchise owner. “We’re excited to partner with the NFPA and the City of Batavia Fire Department for a program that not only promotes the safety of our friends and neighbors, but rewards those who make fire safety a priority.”
This year’s Fire Prevention Week campaign theme is “Not Every Hero Wears a Cape. Plan and Practice Your Escape!”
Customers can call Domino’s in Batavia at 585-343-3344 to place their order and be eligible for the fire engine delivery.
About Fire Prevention Week
NFPA has been the official sponsor of Fire Prevention Week since 1922. According to the National Archives and Records Administration's Library Information Center, Fire Prevention Week is the longest running public health and safety observance on record.
The President of the United States has signed a proclamation proclaiming a national observance during that week every year since 1925. Visitwww.firepreventionweek.org for more safety information.
An important safety message from the city's fire chief
“In a typical home fire, you may have as little as one to two minutes to escape safely from the time the smoke alarm sounds,” said Stefano Napolitano, fire chief of the City of Batavia Fire Department. “Escape planning and practice can help you make the most of the time you have, giving everyone enough time to get out.
"These steps can make all of the difference and we hope to raise awareness about them through our partnership with Domino’s."
A suspected shoplifter accused of leading police on a high-speed chase from Rochester to Batavia more than a year ago entered a guilty plea to attempted assault in the first degree in Genesee County Court on Wednesday afternoon in exchange for a guaranteed prison term of no more than 10 years.
Andrew A. Said, 49, and a native of Buffalo and a resident of Florida at the time of his arrest Aug. 3, 2018, entered his plea on an Alford basis. That means he would not admit in open court to the underlying events of the charge but acknowledged that if the case went to trial, he would likely be found guilty by a jury.
Said was indicted in May on counts of: attempted aggravated assault upon a police officer; first-degree attempted assault; first-degree reckless endangerment; third-degree criminal mischief; second-degree criminal mischief; unlawfully fleeing a police officer in a motor vehicle; driving while ability impaired by drugs; aggravated unlicensed operation in the third degree; reckless driving; operating an unregistered motor vehicle; operating a vehicle without insurance; and uninspected motor vehicle.
The plea satisfies all of the counts, including a count pending in Batavia City Court stemming from an incident in the jail.
In county court yesterday, Said he would only factually admit to being in Batavia and driving a vehicle in Batavia at the date and time specified in the indictment.
As for the rest of the facts of the case, as part of the Alford plea process, First Assistant District Attorney Melissa Cianfrini recited the narrative the prosecution would present to a jury at a trial.
She said Said is accused of driving a 1997 Mercedes into Genesee County sometimes at speeds in excess of 100 mph in a reckless manner that forced some other vehicles, including State Police patrol vehicles, off the roadway.
After Said's Mercedes exited the Thruway in Batavia, Cianfrini said State Police were able to execute a "box-in" maneuver at Exit 47, but Said threw his car into reverse, slamming into a patrol vehicle. Then the defendant is accused of putting the car in drive and accelerating quickly and driving straight toward a Trooper who had exited his vehicle. The action forced the trooper to dive out of the path of the car for his own safety.
Said then led troopers on a high-speed chase over city and town streets, again hitting speeds in excess of 100 mph at times, until he tried to ditch his car at a property on Kelsey Road in the Town of Batavia.
As part of the plea, Said was required to agree to pay restitution to the State of New York to damage to patrol vehicles, which exceeds $7,000. There may also be a claim for restitution from the property owner on Kelsey Road where Said and a passenger were apprehended.
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