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Car crashes into pole barn in Stafford, city traffic slows on West Main Street

By Billie Owens

A car crashed into a pole barn at 8668 Route 237. Everyone is out of the vehicle; believed to be no injuries. The location is south of Prentice Road. Stafford Fire Department is responding.

UPDATE 12:18 p.m.: Confirmed there are no injuries.

UPDATE 12:25 p.m.: "It looks like the barn may come down when we pull the vehicle out," says a firefighter at the scene.

Also, in the City of Batavia, westbound traffic is down to one lane and traffic is congested on West Main Street near Thomas Avenue following a collision.

Video: Jazz & Jam at GO ART!

By Howard B. Owens
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The Genesee Jazz Collective played at GO ART! on Thursday night as part of GO ART!'s Fifth Thursday night, this time with a theme of Jazz & Jam. The evening featured P&J sandwiches, live jazz and a jazz jam session.

Members of the Genesee Jazz Collective are: Dan Klinczar on Brass, Mike Grammatico on Sax and Clarinet, Andrew Lawton on Drums, Phil Briatico on Bass, And Brian Goeltz on Guitar.

Joining the Genesee Jazz Collective during the jam session on vocals, Stuart McLean.

 

Lost dog looking for home

By Howard B. Owens

Nick Kabalan found this pooch in the area of Cedar Street and Ellicott Street, Batavia, this morning. He has the dog. If it's yours, call (585) 297-9642.

Photos: Weather photos for Thursday

By Howard B. Owens

Here are some photos from this afternoon taken along the Route 77 corridor of the western part of Genesee County, and on Route 5 and in Alabama and Oakfield.

Above, Darien Lakes State Park.

A home on Sumner Road, Darien. 

East Pembroke

On Route 77, south of Gabby Road.

On Route 77, south of Gabby Road.

Judge Road, Alabama.

Bliss Road, Oakfield.

Lewiston Road, Oakfield.

Tonawanda Creek, behind the County Courthouse in Batavia.

GO ART! open for Jazz & Jam tonight as part of its Fifth Thursday series

By Billie Owens

GO ART! is open for Jazz & Jam tonight (Jan. 31) as part of its Fifth Thursdays series.

The Genesee Jazz Collective will be performing from 7 to 7:45 p.m.

Then from 8 to 9 p.m. the Genesee Jazz Collective will host an open Jam Session.

Tavern 2.o.1 will be open and will be serving flights of jam sandwiches in honor of the Jam Session -- you get to choose from three fruit jams.

Come on in and break your cabin fever!

GO ART! is located at 201 E. Main St. in the historic Seymour Place building in Downtown Batavia.

Law and Order: Myrtle Street man arrested after 4-year-old found shirtless and crying in Le Roy

By Billie Owens

George F. Anderson, 38, of 61 Myrtle St., Le Roy, was arrested by the Le Roy Police Department on Jan. 29 and charged with one count of endangering the welfare of a child, a Class A misdemeanor. It is alleged that Anderson failed to exercise reasonable diligence in maintaining control of a 4-year-old child by failing to be aware that the child left the apartment for about 40 minutes and was found crying in the common area of the apartment with no shirt on. Anderson was issued an appearance ticket to appear in Le Roy Town Court at a later date.

Craig L. Fien Jr., 46, 17 Mill St., rear apartment, Le Roy, was arrested by the Le Roy Police Department on Jan. 29 and charged with one count each of criminal possession of stolen property in the fourth degree, a Class E felony, and fifth-degree conspiracy, a Class A misdemeanor. It is alleged that between September and January, Fien knowingly possessed stolen property consisting of one pump shotgun (color black), belonging to the victim and he allegedly refused to return the gun to the victim when the victim asked then demanded that he do so. Fien was arraigned in Le Roy Town Court and released under supervision of Genesee Justice.

Steven C. Kazmierczak, 34 of 92 Gilbert St., Le Roy, was arrested by the Le Roy Police Department on Jan. 17 and charged with one count of criminal possession of a weapon in the fourth degree, a Class A misdemeanor. It is alleged that during a Probation check of Kazmierczak's residence, he was found unlawfully in possession of a shotgun due to a prior felony conviction. Kazmierczak was issued an appearance ticket and released to answer the charge in Le Roy Town Court at a later date.

Juaquin E. Davis, 23, of Bank Street, Batavia, is charged with first degree criminal contempt. Davis was arrested at 2:20 p.m. on Thomas Avenue in Batavia after he allegedly violated a Batavia City Court order of protection. He allegedly did so by being in the presence of a protected party and engaging in a verbal altercation with that protected party. He was arrested and issued an appearance ticket for Feb. 5 in City Court. The case was handled by Batavia Police Officer Stephen Quider.

Alexander D. Kibler, 21, of School Street, Batavia, is charged with: speeding; driving while ability impaired by drugs; possession of alcohol in a motor vehicle; and aggravated unlicensed operation of a motor vehicle in the third degree. Kibler was arrested at 1:24 a.m. on Jan. 19 on Walnut Street in Batavia after Batavia police conducted a traffic stop on a gray 2014 Jeep. Police subsequently allegedly found Kibler impaired by marijuana. He was issued traffic tickets and is due in City Court on Feb. 6. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Mitchell Cowen.

Dorothy Gray De Roque, 46, of Mechanic Street, Elba, is charged with: DWI -- first offense; refusal to take breath test; and speed exceeding posted 55 mph. De Roque was arrested at 2:23 a.m. on Jan. 27 on Ford Road in Elba. She was stopped for speeding and allegedly found to be intoxicated and failed to submit to a breath test. She was arraigned in Town of Batavia Court and released on her own recognizance. She is due in Elba Town Court on Feb. 27. The case was handled by Genesee County Sheriff's Deputy Andrew Mullen, assisted by Deputy Erik Andre.

Taylor L. Finnin, 26, of East Main Street, Batavia, is charged with petit larceny and failure to appear. Finnin was arrested Jan. 26 on multiple arrest warrants after Batavia police were called to a South Main Street, Batavia, address on an unrelated matter. Finnin was arraigned in City Court and jailed in lieu of $1,000 cash bail or bond. Finnin is to return to court at a later date. The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Christopher Lindsay.

A dozen Genesee County students make the dean's list at Daemen College

By Billie Owens

AMHERST -- Daemen College Dean Michael Brogan, P'h.D., announces the following Genesee County students achieved dean's list status at Daemen College for the Fall 2018 semester.

A matriculated undergraduate student who attains a grade-point average of 3.30 or better in any one semester is eligible for the dean's list.

* Briana Janes, of Batavia 

* Stephanie Hoy, of Batavia

* Jeffrey Redband, of Batavia 

* Patrick Wrobel, of Batavia 

* Katie Underhill, of Batavia 

* Jordyn Atkinson, of East Bethany 

* Mikaila Mault, of East Pembroke         

* Emily Kreutter, of Elba

* Emily Graham, of Le Roy 

* Brianna Hill, of Le Roy

* Collin Scheiber, of Oakfield

* Elizabeth Goff, of Oakfield

'Help Your Neighbor Find Hope' is theme of 2019 Catholic Charities' Appeal

By Billie Owens

Above, the Resurrection Parish team from Batavia at the 2019 Catholic Charities Appeal workshop.

Press release:

About 50 Appeal parish volunteers, clergy, and Catholic Charities’ staff attended a volunteer training workshop on Jan. 23 to help kick off the 2019 Appeal in support of Catholic Charities in Genesee, Orleans and Wyoming counties.

The event was held at Batavia Country Club in preparation for the annual campaign, which carries a goal of $11 million.

During this month's training workshop, a Hero of Hope Partner Award was presented to Wyoming County Court Judge Michael Mohun. Judge Mohun was selected for his work in collaborating with area human service agencies and community organizations to find resources to help those who come before him having committed a crime to move towards a healthy, safe and law-abiding life.

In addition, former client Sarah Veazey shared how her and her daughter have benefited from counseling received from Catholic Charities.

The patron saint for the 2019 Appeal is Saint Faustina. Working under the theme “Help your neighbor find hope,” Appeal volunteers from Genesee, Orleans and Wyoming counties will begin reaching out to individuals and businesses in the community to encourage their support of the Appeal.

It helps fund Catholic Charities’ 70 programs and services across 61 sites in Western New York, along with a number of programs and ministries through the Fund for the Faith. 

“Funding is critically important in Catholic Charities’ efforts to continue providing programs and services to our most vulnerable neighbors across Western New York,” said John and Ruthanne Daly, 2019 Appeal general chairs.

“Achieving this year’s goal takes a significant amount of hard work and commitment by our parish volunteers, but with our collective strength and support, we can ensure that the communities of Genesee, Orleans and Wyoming counties can continue to turn to Catholic Charities for help.”

This year’s Appeal Week will take place April 7-14 throughout the eight counties of Western New York to celebrate the support of those who have made contributions to the Appeal, and to encourage those who have not already donated to do so. Volunteers will continue to work to achieve the final goal until the conclusion of the 2019 Appeal on June 30. 

To make a donation to the 2019 Appeal or for more information contact Catholic Charities at (716) 218-1400 or go to ccwny.org.

Catholic Charities provides a range of services in Genesee, Orleans and Wyoming counties. These services include basic assistance; counseling for individuals, couples and families; Domestic Violence program for men; Our Kids: Parent Education and Awareness Program; and outreach to homebound seniors through Friendly Phones in Orleans County and Friendly Phones and Home Visitation in Genesee County.

Catholic Charities provided assistance which impacted more than 152,000 individuals, Catholics and non-Catholics alike during the past year, including nearly 3,300 individuals in Genesee, Orleans and Wyoming counties. Donors from these three counties contributed $474,408 to the 2018 Appeal.

Catholic Charities’ offices are located at:

  • 25 Liberty St., Suite 7, Batavia
  • 243 S. Main St., Albion
  • 6470 Route 20A, Bldg. 1, Perry

About Catholic Charities

Catholic Charities has helped individuals and families in need since its founding in 1923. That need is varied and widespread – from emergency assistance to mental health counseling and treatment, and from specialized services for older adults to help with job training and education. Catholic Charities empowers children, families and seniors to achieve meaningful, healthy and productive lives. In all situations, Catholic Charities delivers support to meet immediate needs, and then assesses clients for other needs to ensure long-term success.

An excellent steward of the contributions it receives, Catholic Charities earns highest-possible ratings from Charity Navigator for transparency and sound fiscal management and is a Better Business Bureau Accredited Charity. Catholic Charities also receives highest ratings from the Council on Accreditation for quality service. For more information, visit ccwny.org.

Below, John Dwyer opens the Appeal workshop with a introductory remarks. He is a trustee emeritus on the Catholic Charities Board of Trustees and has been involved with the Appeal for years.

Photos: Batavia at start of today's storm

By Howard B. Owens

Photos in Batavia from about the one o'clock hour.

Top photo, Batavia Downs.

Main and Ellicott

Jackson Street

Parking lot at the courthouse.

Ellicott Avenue

Tonawanda Creek off of West Main Street.

Centennial Park.

Centennial Park.

Genesee Community College

State and North

State Vets Home

Ithaca College names five local students to dean's list

By Billie Owens

Ithaca College congratulates students named to the dean's list for the fall 2018 semester. The following local students were named to the dean's list:

  • Journalism major Emily Chavez, of Le Roy 
  • Journalism major Madison Moore, of Batavia 
  • Journalism/Politics major Lauren Leone, of Batavia 
  • Performance/Music Education major Madison Hoerbelt, of Batavia 
  • Politics major Michael Lullo, of Batavia 

About Ithaca College

Founded in 1892, Ithaca College is a residential college dedicated to building knowledge and confidence through a continuous cycle of theory, practice and performance. Home to some 6,500 students, the college offers more than 100 degree programs in its schools of Business, Communications, Humanities and Sciences, Health Sciences and Human Performance, and Music.

Students, faculty and staff at Ithaca College create an active, inclusive community anchored in a keen desire to make a difference in the local community and the broader world. The college is consistently ranked as one of the nation's top producers of Fulbright scholars, one of the most LGBTQ+ friendly schools in the country, and one of the top 10 colleges in the Northeast.

Remembering Batavia's unforgettable blizzard of 1966

By David Reilly

When you live in Western New York, one thing you can expect is people complaining about the winter weather.

It should be noted though that people today have less to grouse about than 50 years ago.

The average temperature has increased 2.5 degrees per year and while more precipitation falls in the winter, less of it is snow.

That hasn't stopped people from moving to or spending their winters in Florida. I guess hurricanes, alligators, snakes and bugs are preferable to gloves, ice scrapers and salt trucks. Do people wear Uggs in Florida? Just wondering.

When you have resided in the North your whole life there are bound to be memorable winter storms that will stir up comparisons among those who endured them. Batavians of a certain age debate the snowfalls of 1966 vs.1977.

Because of circumstances I experienced, the most unforgettable to me was the Blizzard of 1966.

On Jan. 30th and 31st, 1966 the entire Northeast was wracked by a blizzard that blew in from the west. Western New York was especially hard hit due to the cyclonic effect in which winds wrapped around and blew off Lake Ontario and Lake Erie, adding much more snowfall. 

Winds of up to 50 miles per hour whipped snow that was falling, or more accurately blowing sideways, at a rate of one to two inches per hour. The Batavia area was still digging out from a heavy snowfall the week before, which had dropped two feet of the white stuff.

Snowdrifts up to 15-feet high, chain-reaction Thruway crashes, lots of stranded motorists

When the winds finally abated on Feb. 1st and 2nd, Western New York had been shut down to travel and motorists were stranded for up to a week. Drifts were 10 to 15 feet high in some places and heavy machinery was needed to open streets and highways.

During the blizzard a chain reaction accident of up to 100 vehicles had taken place on the Thruway just east of Batavia. Drivers had to be rescued and some taken to local hospitals. Cars blocking the Thruway were supposedly plowed off to the median (although the state disputed this) and remained there until they could be towed away.

When the storm began, I had just turned 19 the week before and was home on a break from my sophomore year at St. John Fisher College in Rochester. It was a tense time for me because there was a chance that I might flunk out. From my freshman year I was on double secret probation or whatever they called it.

There were no emails back then and the only way to find out your grades for the first semester was to go to the administration building and get a copy. They would not give them out by phone either. Of course, I had not revealed this fear to my parents who were footing the bill.

Before I returned to college, my mom had invited my aunts and grandmother to our house for a belated birthday celebration for me.

My two unmarried aunts lived together in the longtime family home on Cedar Street and neither of them drove, so they always had to be picked up and taken back. My maternal grandma lived on North Lyon Street and had one of those cars with the ball on the radio aerial so you could find it in a parking lot. Also on hand were my 16-year-old brother Dan, and my youngest brother, 8-year-old Jim, in addition to mom and dad.

Winter storm turns into paralyzing blizzard

As the day turned to evening, the snow and wind increased by the hour. Dan and I started to get nervous when we noticed our parents peering out at the storm and talking in hushed tones with each other. Snippets of the discussion were overheard. 

“...Your mother will never make it in this”... “What do we do about Kate and Peg ?”... Uh oh.

Dan and I had a whispered conversation of our own that went something like -- “Holy cow! It's really coming down. We could be stuck in here with all these people for a week!”

I know. An opportunity for some real family bonding time, right? No. Hey, we were immature selfish teenagers.

To us, this would be just as bad as those stranded motorists being stuck in the bus garage. We'd have to give up our beds and bedrooms and sleep on the family room floor. They'd be watching game shows and Lawrence Welk on the TV. We'd be cooped up with my aunts, who gave off a faint aroma of mothballs.

We needed to get out of there! But how? And where?

We put our heads together and came up with what we thought was a brilliant plan for escape. Two 50-something women couldn't get the mile or so from our house on North Spruce Street to their home on Cedar Street, but we could. There was food, heat and a TV there. What else did we need?

I don't recall if our parents put up any resistance, but they were preoccupied with figuring out how to provide for everyone anyway. A couple less humans in the house was probably a good thing.

'Arctic explorers' make the 'tough slog' to Cedar Street

So we bundled up looking like Arctic explorers Robert Peary and Matthew Henson headed to the North Pole and ventured out into the maelstrom.

I do recall that it was a tough slog even for healthy teenagers. The snow felt like little needles on your face and no plows had been out at all so we were essentially breaking trail down the middle of the road.

We cut through from East Avenue to the plaza on East Main Street where Your Host restaurant and Lane Drugs were (both closed). There was also a 24-hour laundromat (where my friends and I bought cigarettes for 30 cents a pack out of a machine in high school) that was open so we stopped in there to warm up halfway on our hike.

We were amazed to see that the entire parking lot was full of tractor-trailers waiting out the storm. It was eerie to view the snow blowing across the plaza lights, hear the sound of all the semi engines running, but seeing absolutely no moving traffic on Route 5 or 33.

Eventually, we made it to our aunts' house, called our parents so they knew we were safe, shed our boots, long johns, hats, scarves, coats and gloves, and hunkered down for the duration of the storm.

Aunts Kate and Peg were two of the worst cooks imaginable (they prepared ham by boiling it in water), so we took stock of what was in the fridge and cupboards to find out if we could survive. Mostly, I think we were looking for cookies, cakes, chips and stuff for sandwiches. You know, teenager food.

TV news confirms blizzard 'was a pretty big deal'

We settled in to watch some TV and soon the 11 o'clock news came on. The entire broadcast was about the blizzard and we realized that this was a pretty big deal.

As it got to midnight, we expected the TV station to sign off, play the national anthem, and put up the overnight test pattern as was the procedure in those days. But, to our happy surprise, the announcer said that due to the storm they were going to stay on later than usual and show movies for all those out in TV land who were stuck in the snow. Sweet!

I don't recall what movies were shown, but for sure they were in black and white and even more surely they were no Oscar winners. Maybe "The Blob" with a young Michael Landon or "Bernadette of Lourdes" for all the Catholics who were tuned in.

About 2 a.m. the movies ended and the station signed off. I said to Dan, “Well, let's head upstairs and get some sleep.”

He replied incredulously, “Are you crazy? I'm not sleeping in those beds!”

“Why not ?”, I asked.

“There's probably leg hairs stuck to the sheets,” he replied drolly. “Think about it.”

Fifty years later I still chuckle at that comment.

So, we found some hair-free blankets (we hoped) and bedded down on the couches for the night with the sound of the wind rattling the windows.

(Snowfall from the blizzard of '66 on Cedar Street in Batavia, courtesy of the Batavia History Department.)

When I awoke, I was confused briefly as to where I was. It was daylight and I realized that I didn't hear the wind anymore. I went to a window facing Cedar Street and looked out.

Behold a 'marshmallow landscape' 

My eyes must have blinked several times as I tried to focus on familiar landmarks. But there were none. Everything was white as if Mother Nature had poured bleach over the world.

I was completely disoriented as there was no depth perception at all. The sky: white. The ground: white. Everything: white.

It was then, as I tried to get my bearings, that I noticed some movement off to the south, or left. A small stick-like figure was advancing through the marshmallow landscape. I could discern that it was a person coming up the middle of the street, or at least where there should be a street.

As it got closer, I could tell that it was someone on snowshoes. Dan was now awake and at the other front window. The human snowman was approaching the front of the house and he or she began climbing up and up some more. It was then that we realized that the snowshoer was ascending a drift in front of the house that was at least 10 feet high!

My brother and I simultaneously went “Wow!”

As the Yeti-like creature came down the other side of the drift headed for East Main Street we knew at that moment that: 1. We were going to be there for a while; and 2. This was a storm we would never forget.

Shoveling out, returning to normal

I can't recall how many days we stayed at our teenage refuge, but it was a least a few. Dan and I kept busy during the day by shoveling a path from the house to the street. Our parents called often to check up on us and to ascertain if the street was clear for my aunts to return home.

Cedar Street is a connecting road between routes 5 and 63 so it needed to be travelable sooner rather than later. At some point, huge machines showed up and within a few hours the street was open. We marveled to watch the front-end mounted snow throwers, gigantic loaders and “V” plows do their jobs.

When my aunts returned home my dad had to let them out of the car in the street and Dan and I helped them navigate the thin opening through the giant drifts and plowed snow to get to their porch. They were very appreciative of us caring for their house and we were glad we'd made them happy. It wasn't the last time we had to assist them to the house either, because their driveway was unusable until the spring when the snow finally melted away.

When I did return to St. John Fisher, sweating nervously all the way in the car with my dad, I got the good news that I had indeed passed and would be able to stay. Years later, when I told my parents about my narrow escape from having to leave college, it added that much more to my recounting of my adventure in the Blizzard of '66.

(Top inset photo of Batavia Downs following the blizzard of 1966 taken by Gleason Cleveland, courtesy of Joshua Pacino.)

Photos courtesy of Dave Reilly.

Former Batavia resident accepts plea deal, admits he lied to police, tortured and starved pup

By Billie Owens

A former Batavia resident who admitted he lied to police about finding a starving puppy with ulcerated lesions on its paws pled guilty in City Court this afternoon to two misdemeanor counts, one for lying to police and the other for torturing an animal.

Brandon Welch, who is in his mid-20s and now resides in Long Island, appeared before Judge Robert Balbick with his private attorney Frank Ciardi.

Following a brief meeting outside the courtroom between Balbick, Ciardi and First Assistant District Attorney Melissa Cianfrini, Welch agreed to accept the plea deal offered by the people.

Dressed as he was in the previous court appearance -- in dark slacks and a blue dress shirt -- Welch pled guilty to two Class A misdemeanors: falsely reporting an incident in the third degree (for claiming he found the starving puppy, when he actually had harbored the animal at his apartment on East Main Street for months); and torturing/injuring/not feeding an animal -- a violation of NYS Agriculture & Markets law, Article 26.

Another misdemeanor charge for owning/harboring an unlicensed dog was dismissed.

A felony charge for making a terroristic threat, for allegedly saying he would shoot the next police officer who showed up at his home, will be dismissed at Welch's sentencing in April. The DA's office found it problematic to get the two witnesses who allegedly heard the threat to travel to Genesee County for testimony, so the charge cannot be sustained.

Before accepting the plea deal, Welch made factual admissions to Cianfrini.

She asked Welch if on Oct. 4 he told Batavia police that he found a fawn and white colored pit bull near Route 33 and Seven Springs Road in Batavia when in fact he had harbored the animal at his home for several months. Welch replied yes.

Cianfrini asked if he failed to provide sustenance and medical aid for the puppy who was emaciated -- it was several months old and weighed only 9.2 pounds, had ulcerated paws, and was covered in feces and soaked with urine; Welch said yes.

Sentencing is set for 1:30 p.m. on Tuesday, April 23. The Long Island Probation Department will conduct a presentencing evaluation for the judge in the interim.

A stay away order of protection from Welch was issued for two people.

Balbick said there's a range of sentencing options for him to consider in April. The defendant could serve up to a year in jail, either straight time or intermittant time; have conditional or unconditional discharge upon release; and be fined up to $1,000 for each of the two misdemeanor counts.

In addition, Cianfrini asked to reserve the right to seek reimbursement for a tab of $4,593.38 that the county accrued to house and provide medical care for "Opal" until she was well enough to be adopted (and she was), and to house and care for two other dogs Welch relinquished when he was arrested. The judge agreed to her request.

After signing paperwork and shaking hands with his attorney, Welch seemed to leave the courtroom in decidedly better spirits, smiling broadly and energetically walking out to his vehicle.

City reminds residents about snow removal procedures in advance of expected storm

By Howard B. Owens

Press release:

With the arrival of significant winter weather the past few weeks and next several days, the City of Batavia Department of Public Works would like to ask for the public’s cooperation as we all try and navigate these storms.

Private plowing contractors should be aware that plowing snow into the street or onto the sidewalk is not allowed and creates dangerous conditions for motorists and pedestrians.

Property owners are ultimately responsible for clearing sidewalks adjacent to their property. The City supplements sidewalk plowing as crews become available and as need dictates, however, this can only be completed after streets and municipal parking lots are plowed. School routes and main road sidewalks are then given priority.

We appreciate everyone’s efforts managing these snow events. 

Pearl Street Road woman pleads guilty in dog neglect case

By Billie Owens

Photo of Maya at the shelter July 20, before her health returned and she was adopted.

A tearful, remorseful Becky L. Frens pled guilty this afternoon in Town of Batavia Court to one count of overdriving, torturing and injuring an animal and failure to provide proper sustenance in the case of her Labrador retriever mixed breed named Maya.

Under the state Agriculture & Markets law, Article 26, Section 353, the charge is a Class A misdemeanor. The maximum punishment is jail time of more than 15 days but not more than one year, and a fine of up to $1,000. As part of a plea agreement, Frens will serve no jail time nor pay any fine whatsoever.

She will pay restitution and, under supervision by Genesee Justice, volunteer 100 hours of community service work in the next 10 months, "obviously not at the animal shelter," said Batavia Town Court Judge Michael Cleveland.

A total of $116.84 in restitution must be paid to the nurse whose family adopted Maya, and $423.17 must be paid to the Volunteers For Animals to reimburse them for Maya's medical expenses while she was at the Genesee County shelter and in foster care awaiting a forever home.

Frens, (inset photo, right) who appeared with attorney Samuel Alba, also agreed to a one-year conditional discharge: she will not be incarcerated, but she is to have no violations of the law nor will she be able to adopt an animal from a shelter during that time. Alba noted his client has no criminal history.

Alba explained today that Frens took the dog into her home at 3475 Pearl Street Road in the Town of Batavia, even though it was not in good health, because it was her mother's pet and her mother was gravely ill.

First Assistant District Attorney Melissa Cianfrini said when Frens found herself in that situation, she realizes now that she made "honest mistakes" and "bad decisions."

"It's still your responsibility to take care of an animal once you assume responsibility for it," Cianfrini said.

When the dog was brought to the shelter by an animal control officer after neighbors called for help, a trooper happened to be there, Cianfrini said. The trooper was so alarmed at the animal's condition, that he went to Frens' home to see what the circumstances were and found other pets there who were healthy.

Doing too little, too late

Receipts for over-the-counter shampoos and treatments showed that some effort was made to help the ailing dog. But Cianfrini said Frens did not act as quickly as she should have and the dog's condition continued to deteriorate.

Maya was subsequently diagnosed with multiple skin infections, mange, double ear infections that left her only able to hear a dog whistle, and her uncut nails were so long they cut into the pads of her feet and hobbled her movement.

Cianfrini said the plea agreement "doesn't put everything back" as it should be.

"Maya is a beautiful dog and she's still on the mend," she said, at which point she praised the "great work" by many who made that mending possible: State Police Troop A -- Batavia Barracks; State Street Animal Hospital staff, particulary veterinarians Fran Woodworth and Gwendolyn Wollney; Animal Control Officer Ann Marie Brade; and the tireless Volunteers For Animals, who ferried Maya to and from the vet, walked her, fed her, loved her, comforted and aided her.

Attorney Alba offered no excuses for his client, other than to say when Frens had tried to call shelters to relinquish ownership of Maya, she was always told there was no space.

"She never intended to harm Maya," Alba said. "She never intended to do anything malicious. She's extremely remorseful."

When asked if she had anything to say on her own behalf, a shaky Frens, who wore gray suede ankle boots, black cargo pants and a blue-and-black diamond-print knit top, used boths hands to steady herself at the table in front of the judge.

"I feel so bad this happened," she said softly, crying and sniffling as she spoke. "I tried to take care of my mom. I should have taken (Maya) to the vet, but I didn't have the means at the time."

In accepting the plea deal offered by the DA's office, Judge Cleveland said both sides met in conference last month and this month, and he feels the plea deal they came up with is fair.

Cleveland said in cases like this emotions can overshadow the facts at first, but as the "wheels of justice grind slowly" the facts of the case come to the forefront.

Judge: justice has been served

"The purpose (of the plea) is not to please everybody," the judge said. "It's to do justice. With restitution, people were compensated. I'm glad to hear Maya is doing well. Justice has been served in my opinion.

"(The defendant) has pled guilty to the charge and accepted responsibility; she has not tried to get out of it. The public interest will not be served in any way by jail time."

Cleveland went on to emphasize that volunteering hours for community service is not punishment, nor is it intended to be; it is meant to serve the community -- just like scouting or 4-H.

"If all we do is take from the community, pretty soon there'll be nothing left to take," Cleveland said.

Meanwhile, Frens, who is in her mid-50s, has 30 days to file a written appeal of the adjudication.

Outcome: better than it used to be

For the Volunteers For Animals, the outcome, while perhaps not ideal, is more or less deemed "the best they could hope for."

Time was not long ago, according to some, that animal neglect cases like this never even made it to court.

Brenda Cromwell, who has volunteered at the shelter since 2001, said after court today that the first case she recalls that sparked comparable outrage was 10 years ago in Le Roy when Stanley the beagle was found dead and people wrote letters and got angry about his treatment.

"This is an improvement over how things were," Cromwell said. "It's probably the best that we can expect."

Still, Cromwell is saddened by Maya's case, which came to light on July 10 when the dog somehow managed to get out of the house and make its way down the long gravel driveway. There it was found by neighbors across the street, who said they were shocked and appalled at the dog's emaciated condition; they called dispatch to report their pathetic discovery.

"She was so beaten down, so broken, when she came to us," Cromwell said. "She was happy for any attention at all; she was so neglected. I think (Frens) gave up. That dog was totally neglected."

(Photo below of Maya taken on July 20, which is 10 days after she was first brought to the shelter. With her nails trimmed, she could manage to walk better.)

Links to previous coverage:

Batavia woman arrested by Troopers at shelter when she tried to reclaim her neglected dog

'Maya' recovering at animal shelter while former owner makes first court appearance on neglect charge

Batavia woman accused of failing to care for dog was a no-show in court today, and so was her attorney

Case of neglected lab 'Maya' delayed again so former dog owner can gather 'more documentation'

Case of Pearl Street Road woman accused of neglecting dog delayed until January

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