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It is a Class D felony.

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

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

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

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

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

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

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

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

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

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

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

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

Ellen Brokaw drove the victim to the hospital.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

He sought a sentence of probation only.

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

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

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

This case was difficult.

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

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

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

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

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

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

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

A pedestrian was struck and sustained minor injuries at Ellicott and Liberty streets in the city. Mercy medics are on scene. City fire dispatched.

Last week, the Collegiate Science Technology Entry Program (CSTEP) at Genesee Community College held a free STEM Conference and Exhibitor's Fair bringing together local businesses, faculty, current GCC students and community members in the name of science technology.

In addition to local STEM businesses at the Exhibitor's Fair, GCC faculty and students from the Sciences, Technology, Engineering, Math, and health-related fields hosted informational tables to teach guests about their programs of study and career and learning opportunities in their respective fields.

The educational components and professional realms of STEM industries collaborated for the Exhibitor's Fair to promote the targeted industries, discuss career/employment opportunities and provide insight on the changing trends in the STEM workforce.

Conference attendees were able to attend specialized workshops on topics such as: Computer Aided Drafting and Design: Mapmaking; Scratch Combo - Computer Programming for Gaming Simulation; Making STEM a Reality and more!

"We are excited about the success of our first CSTEP Exhibitor's Fair," said Jamie Schultz, project coordinator for CSTEP at Genesee Community College "and really looking forward to working with our students and partners for next year's event."

With the success of this year's event barely behind the committee, plans are already underway at GCC for the 2020 CSTEP STEM Conference and Exhibitor's Fair.

Kevin M. Waleski Jr., 31, of South Main Street, Batavia, is charged with second-degree harassment for allegedly threatening physical violence toward a person living on South Main Street, Batavia, at 12:47 p.m. on April 14. He is also charged with third-degree criminal trespass for allegedly trespassing and remaining on the same South Main Street property at 2:40 p.m. on April 23 after being told to leave. He was arraigned in Batavia City Court on April 23 and jailed in lieu of unspecified bail. He was due to return to city court on April 24. The case was handled by Batavia Police Officer Stephen Cronmiller.

Lawrence W. Worsley, 39, of Ridge Road, Albion, is charged with two counts of second-degree criminal contempt. Worsley was arrested April 24 after an investigation of a complaint that he contacted the protected party of a stay away order of protection on Vine Street in Batavia on March 12 and again on March 18. He was jailed in lieu of unspecified bail and was due in Batavia City Court today (April 25). The case was handled by Batavia Police Officer Stephen Cronmiller.

From the NYS Police:

On April 25 at approximately 12:50 a.m. troopers from SP Batavia (Troop A) responded to a reported robbery at the 7-Eleven located at 25 Main St. in the Village of Oakfield.

The suspect is pictured in the image above. If anyone has any information about this incident, please call SP Batavia at 585-344-6200.

Press release:

The Alden Area Ecumenical Choir is presenting its spring concert this month titled “A Little Talk With Jesus In The Heavenly Sunlight.” Good Christian choral and solo music followed by a refreshment reception will make for a fun time.

The choir always takes a free-will offering to benefit local and global needs. This year’s offering will benefit Rise Against Hunger, supported by the Marilla Methodist Church and Neat Repeats, a clothing ministry supported by the Alden Presbyterian Church.

The choir offers two concerts, Friday evening, April 26, at 7 o'clock and late Saturday afternoon, April 27, at 4 o'clock. The Friday concert will be at the Alden Presbyterian Church, 13298 Broadway in Alden, at the corner of Crittenden. The Saturday concert is held at the First Baptist Church, 306 E. Main St., Batavia, between Summit and Swan streets.

Press release:

Assemblyman Steve Hawley (R,C,I-Batavia) is urging constituents, local officials, Second Amendment advocates, Rod & Gun Club members and anyone involved with youth marksmanship programs to call or write their local representative and Gov. Cuomo requesting a veto of legislation that could virtually wipe out all shooting competitions for youth and training for young people under 16 years of age.

The so called “Safe Storage” bill, which Hawley voted against, places unnecessary and ambiguous restrictions on the storage and incapacitation of firearms for those who do not own them and could put an end to youth marksmanship in New York.

“As we’ve seen time and time again with these measures that infringe on our right to bear arms, they are poorly written and passed hastily, causing many undue consequences that hurt law-abiding gun owners, hunters and those who simply enjoy marksmanship activities,” Hawley said.

“This bill has not yet been sent to the governor to be signed into law, which means we must make our voices heard. I urge everyone who supports youth marksmanship and the Second Amendment to call or write the governor immediately!”

Contact Gov. Cuomo by phone: (518) 474-8390

By mail:     The Honorable Andrew M. Cuomo
                   Governor of New York State
                   NYS State Capitol Building
                   Albany, NY 12224

Robert Richard Gerety (right photo), 45, of Chestnut Street, Batavia, is charged with criminal contempt in the first degree and criminal obstruction of breathing. He was arrested following an investigation of a domestic incident that occurred at 9:28 p.m. on April 18 on Chestnut Street in Batavia. He allegedly grabbed a female acquaintance by the neck in violation of an order of protection. He was subsequently found to have an outstanding warrant for failure to appear in Batavia City Court. After arraignment, he was processed at the jail and allegedly found to possess a crack pipe, according to the police report. So he was charged with criminal use of drug paraphernalia. He was held without bail and is due in Batavia City Court on May 9. The case was handled by Batavia Police Officer Kevin DeFelice, assisted by Officer Christopher Lindsay.

Latoya Denise Jackson (right photo), 33, of Vine Street, Batavia, is charged with criminal possession of a weapon and second-degree assault. At 10:20 p.m. on April 20, Batavia police responded to a Vine Street residence for a physical disturbance call. After investigation, Jackson was arrested for allegedly cutting a male with a knife. She was arraigned in Batavia City Court and jailed without bail. She was due back in city court on April 22. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Peter Post.

Kishonti D. Williams, 28, of Harvester Avenue, Batavia, is charged with: driving while ability impaired by drugs -- first offense; aggravated unlicensed operation in the third degree; operating a motor vehicle while using a portable device; and unlawful possession of marijuana. On April 22 at 11:22 a.m. Williams was stopped on Route 5 in the City of Batavia for a vehicle and traffic violation. Following a roadside investigation, Williams was arrested. At the jail, GC Sheriff's Deputy Eric Meyer, a Drug Recognition Expert, administered a Drug Influence Evaluation and concluded Williams was impaired by drugs. He is due in Town of Batavia Court on May 16. The investigation was handled by Deputy Ryan Delong, assisted by Deputy Meyer.

John Roderick Benton, 61, of Colby Road, Darien, is charged with: Felony DWI -- operation of a motor vehicle while having a BAC of .08 percent or more, with a prior conviction within 10 years; felony DWI with a previous conviction; and failure to keep right. It is alleged that at 1:39 p.m. on April 21 on Tinkham Road in Darien that Benton drove up to a GC Sheriff's deputy and made an inquiry then immediately drove off. The deputy observed Benton unable to maintain his lane of travel and a traffic stop was conducted. Benton was subsequently arrested and issued appearance tickets for Town of Darien Court, where he is due to appear on May 7. The case was handled by Genesee County Sheriff's Deputy Richard Schildwater, assisted by Kevin McCarthy.

Patrick J. Michael, 38, of Batavia, was arrested by the City of Batavia Police Department on April 14 on an active Warrant of Arrest issued by the Wyoming County Family Court. Michael was wanted for failure to pay child support. Michael was turned over to the Wyoming County Sheriff’s Office where he was arraigned in the Village of Warsaw Court and put in Wyoming County Jail in lieu of $3,000 cash bail or bond.

Robert R. Richmond, 55, of Columbia Avenue, Batavia, is charged with trespass. At 4:43 p.m. on April 20, Richmond was arrested on North Street in Batavia after he allegedly entered a building to use the restroom after previously being avvised that he is not welcome on the property. He was processed and released on an appearance ticket. He is due in Batavia City Court on April 30. The case was handled by Batavia Police Officer Peter Post, assisted by Officer Mitchell Cowen.

Press release:

On Saturday, April 27, from 10 a.m. to 2 p.m., Genesee County law enforcement agencies and the Drug Enforcement Administration will give the public an opportunity to prevent pill abuse and theft by ridding their homes of potentially dangerous expired, unused and unwanted prescription drugs.  

Bring your pills for disposal to:

Pembroke Town Hall, Route 5 at Route 77 in Pembroke

• received by Genesee County Sheriff’s Deputies

Batavia Police Department Headquarters, 10 W. Main St. (rear parking lot) -- Batavia

• received by Batavia Police Officers

Le Roy Police Department Headquarters, 3 W. Main St. -- Le Roy

• received by Le Roy Police Officers

Only pills and other solids, like patches, can be brought to the collection sites—liquids and needles or other sharps will not be accepted. The service is free and anonymous; no questions asked.

This initiative addresses a vital public safety and public health issue. Medicines that languish in home cabinets are highly susceptible to diversion, misuse, and abuse.

Rates of prescription drug abuse in the U.S. are alarmingly high, as are the number of accidental poisonings and overdoses due to these drugs. The Substance Abuse and Mental Health Services Administration’s National Survey on Drug Use and Health shows year after year that the majority of misused and abused prescription drugs are obtained from family and friends, including someone else’s medication being stolen from the home medicine cabinet.

In addition, Americans are now advised that their usual methods for disposing of unused medicines — flushing them down the toilet or throwing them in the trash — both pose potential safety and health hazards.

File photos and press release:

The Genesee County Sheriff’s Office will be offering its second annual Teen Academy July 22 – July 26 at Byron-Bergen Central School.

“The Teen Academy is a one-week structured program which consists of instructional classes designed to provide high-school-aged students within our community an introduction to law enforcement training and gain an understanding of law enforcement’s role in their community," said Genesee County Sheriff Bill Sheron. "It is our hope that teens will build confidence while learning good decision-making and leadership skills."

Academy instructors are experienced Deputy Sheriffs who will discuss day-to-day operations of the Sheriff’s Office.

Participants will also:

• Visit the Jail, 9-1-1 Emergency Communications Dispatch Center, and Sheriff’s Office;
• Observe displays of the Emergency Response Team (ERT), Hostage Negotiation, SCUBA Team, K-9 Unit and Evidence Recovery;
• Be provided insight into motor vehicle accident reconstruction;
• Participate in daily physical fitness runs, defensive tactics and team-building exercises;
• Participate in a classroom setting and learn about the  NYS Penal Laws and Vehicle & Traffic Laws;
• Participate in mock traffic stops and DWI procedures.

Qualified candidates will be selected for an interview screening process if they meet the following requirements:

• Must be entering grades 10-12 in the fall;
• Must be in good academic standing with little to no disciplinary issues;
• Must be able to participate in physical fitness activities;
• Must have a positive attitude;
• Must have their parent’s or guardian's permission.

“This is a unique and forward-thinking opportunity offered by Genesee County Sheriff Sheron and Department," said Legislator Shelley Stein, chair of the Public Service Committee. "Teens are invited to immerse and be exposed to the real law enforcement experience.

"More than imagining, the academy opportunity is live, in-the-minute learning about today’s community policing needs of an exciting career in law enforcement. Students are encouraged to ‘try on’ a law enforcement career role."

There is no charge to attend the academy. Application deadline is May 10.

For more information, contact Deputy Matthew Butler at (585) 345-3000, ext. 3252, or (585) 494-1220, ext. 2304, or via e-mail at matthew.butler@co.genesee.ny.us

To learn more and/or download an application, visit here.

Press release:

Four alumni, one retired teacher, and one posthumous Batavia teacher will receive the Batavia City School District's first Musicians Of Note Award on Tuesday, May 14, at Batavia High School.

The alumni to be honored are: Robert Sullivan, Class of 1950, George Whittier, Class of 1951, Derek Reiss, Class of 1971, and Joey Pero, Class of 1999.

Former Batavia teachers honored are: Frank E. Owen, BCSD first director of Music for 37 years; and Kenneth Hay, BHS Band director and BCSD Music Department chairperson for 21 years. Ken Hay will defer his award until the Spring of 2020 and we will celebrate his success at that time.

They will be honored on the Wall of Fame for making an impact in their field.

From 5 to 5:30 p.m., there will be appetizers for guests and recipients in the cafeteria, with dinner to follow. The awards ceremony/concert will begin at 7 p.m. in the auditorium.

Dinner and awards concert will be $25 per person. You may attend just the 7 p.m. concert/awards ceremony for only $10, either in advance or at the door.

To reserve tickets for the event, please call Batavia High School (585-343-2480, ext. 2000) and ask for Lisa Brown. She will either reserve or mail them once they have been paid.

Please pay either cash or check, made payable to Batavia Music Boosters. Ticket reservations must be made by May 1st.  

The awards ceremony/performance will feature Joey Pero and Derek Reiss performing with the BHS Jazz Ensemble and BHS Brass Ensemble. Robert Sullivan will conduct a musical number performed by Mighty St. Joe’s Alumni Corp.

Donations for the Batavia High School Musicians Of Note can be made through the Batavia City School Foundation Inc.

Press release:

Assemblyman Steve Hawley (R,C,I-Batavia) has strongly condemned the Assembly Majority’s proposal (A.4319) to automatically consider parole of prisoners once they turn 55 years old, regardless of their crimes or imposed sentence.

“Making time in prison easier has become the platform of New York’s big-city progressive politicians,” Hawley said. “First it was free computer tablets and pay raises for inmates, then it was pardons and voting rights for violent felons as they go on parole and now shorter sentences no matter how horrific the crime – abhorrent.

"If adopted, this bill could result in violent criminals being released from prison before their prison sentence is fully served. Judith Clark and Herman Bell living among us, one who murdered police officers and another who helped murder police officers, would become the new normal in New York.”

Hawley has opposed many of the soft on crime measures enacted in Albany this legislative session. Chief among these is the closure of three state prisons, terminating hundreds of jobs and jeopardizing the safety of constituents.

“This is an outrageous proposal that jeopardizes the public at large and insults crime victims across the state. I will do everything in my power to not allow New York to become a hotbed for progressive social experiments and I am committed to continuing my fight against these dangerous proposals,” Hawley concluded.

Above, mugshots of Brandon Joseph Welch after his arrest in October.

A former Batavia resident is being held accountable starting today for the "horrific" treatment of a tortured and starving puppy after City Court Judge Robert Balbick sentenced Brandon Joseph Welch to immediately begin serving two months in Genesee County Jail, and a total of three years probation.

Welch made his sixth court appearance this afternoon, flying in from his parents' house in Florida, accompanied by his mother. His attorney is Rochester-based Frank Ciardi.

The native of Suffolk County pled guilty earlier this year on the misdemeanor charges of falsely reporting an incident in the third degree (for claiming he found the starving puppy); torturing/injuring/not feeding an animal. The charge of owning/harboring an unlicensed dog was not mentioned, so apparently it was dropped.

Welch was arrested Oct. 18 after a warrant was served at his apartment at 679 E. Main St., following a tip from a witness.

"Opal" -- so named by Volunteers For Animals at the shelter -- is a fawn and white colored pitbull mix who was a few months old and weighed only 9.2 pounds when rescued on Oct. 4 after she was found by a Good Samaritan in Stafford. The dog was not able to stand on her own and was covered in urine and feces, and was severely dehydrated and malnourished.

Opal subsequently received nourishment, medical treatment, grooming and exercise while in foster care and was later adopted.

A Class D felony charge of making a terroristic threat, for Welch's alleged threat to shoot the first cop who came to his residence, was dropped because the cooperation of two witnesses, who live in another part of the state, proved problematic.

Today Ciardi articulated all that his client is going through to get his life together. He noted the lengthy pretrial period and that his client always showed up for court appearances. He noted that he has found suitable employment as a diesel mechanic trainee in Florida.

Welch moved to the Sunshine State after initially staying with his grandparents, who live on South Fairview Avenue, in the Village of Montauk, Town of East Hampton, Suffolk County -- on the Long Island Peninsula.

Ciardi said his client has availed himself of mental health treatment and is making progress all around after changing his lifestyle.

"He lacked the mental health to have a life that's fulfilling," Ciardi said.

The defense attorney reminded Balbick that Welch's offenses are misdemeanors. He argued against any incarceration, which Genesee County Probation recommended, and was against his client serving probation in Genesee County since he has no ties here.

"Jail would serve no purpose; it would bring him back down," Ciardi said, and put the brakes on the diesel mechanic career path Welch is pursuing.

The defense attorney even suggested that sentencing be postponed altogether until a course of mental health treatment was completed. He said it would be good if his client could continue his employment as a novice truck mechanic in Florida and have probation oversight transferred there.

Barring that, at least have it transferred to Suffolk County -- Welch could move back to his grandparents' place or make other living arrangements there where he was born and raised and has extended family.

Ciardi questioned whether Genesee County Probation actually read the two-page addendum to his client's presentencing report from Suffolk County, which recommends no incarceration and positively notes the good measures Welch is taking to get his life in order.

He strongly disputed Genesee County Probation Department's assertion that Welch took no responsibility for his actions.

"He took full responsibility -- for lying to police, for his poor choices, for putting his family through this," Ciardi said. "He has no prior record."

Balbick outright dismissed the notion of adjourning sentencing. The judge said the allegations against Welch were serious and he agreed that some incarceration was warranted.

But the game changer was Welch's decision to up and move to Florida before his case was adjudicated, essentially removing himself from Balbick's jurisdiction. This did not sit well with the judge at all even though he broke no law in doing so.

The prospect of getting a probation department in Florida to make room for the oversight of a misdemeanor New York case is not a given. It would be a complicated, lengthy and uncertain landscape to navigate.

By removing himself from New York State, it "exponentially complicated" his case and thereby put the terms of his probation on "shaky ground," Balbick said.

"That move to Florida really put the court in a bind," Balbick said.

When asked if he had anything to say on his behalf, a tearful Welch -- dressed in a long-sleeved red, white and navy plaid shirt, with navy pants and black dress shoes -- told Balbick that he's making progress in his life and that his "dream job" of becoming a diesel mechanic means everything to him. He would be devastated, he said, if he lost the opportunity he currently has in Florida.

The judge called a recess in order to contact the GC Probation Department to be sure they had read the addendum in the presentencing report from Suffolk County.

Welch walked from the podium that's in front of the judge to the gallery and sat next to his mother and cried and sniffled for 30 solid minutes.

When the case was recalled at 3 p.m., Ciardi and Welch stood at the podium and the judge told them that GC Probation confirmed they had read the addendum but still recommended a period of incarceration and he agreed with them.

Welch stood with his shoulders hunched and his arms crossed tightly across his chest.

"Your move to Florida complicated this matter tremendously," Balbick told the defendant. "What you did to (that animal) was horrific. There has to be accountability for the injuries and mistreatment. That's why you find yourself here in this situation."

Balbick proceeded to sentence Welch to "shock probation" of 60 days in jail starting right then and there. He said while he's incarcerated, he has no problem with getting probation transferred to Suffolk County, NY -- Florida is out of the question. Welch's probation will end on April 22, 2022.

Other stipulations:

• He must notify his probation officer of any change in address, employment, treatment, education;
• Get job training or a job;
• Pay a $200 surcharge as required for falsely reporting an incident to law enforcement;
• Pay a $50 DNA database fee;
• Two orders of protection were renewed for two witnesses;
• Allow courts/law enforcement/authoriites to access treatment and mental health records;
• Avoid disreputable people and places;
• Do not use mood-altering drugs or substances;
• Undergo testing as need be;
• Own/harbor NO PETS;
• Get a substance-abuse evaluation from an OASIS-licensed clinician;
• Within four weeks, get a mental-health evaluation;
• Do not possess any firearms.

Welch, looking dejected and sniffling still, asked if he could hand his mother his wallet and mobile phone before being taken into custody. The Sheriff's deputy at hand said no and took the items from him and gave them to his mother in the gallery.

Welch asked if he could step outside the courtroom and speak briefly with his mother and tell her goodbye. The judge said "if it's all right with the deputy." "No" replied the deputy, "we usually don't allow it once you're taken into custody."

With that, the mother cried and mouthed "I love you" and her 23-year-old son, pouting, arms clenched across his chest, eyes downcast, was led away to jail by another deputy to begin his "shock probation."

Below, photo of Opal when she was first brought to the GC Animal Shelter.

Below, Opal after being nursed back to health and ready for adoption, which was successful.

The Jerome Medical Center at Bank Street and Washington Avenue in the City of Batavia has been evacuated after an anonymous bomb threat was received there about 3:30 p.m.

The facility provides urgent care, mammography, laboratory and pathology services.

Law enforcement communications on the scanner have been encrypted -- scrambled.

The threat is under investigation.

UPDATE 4:29 p.m.: Bank Street between East Main Street and Washington Avenue is closed. The housing complex for seniors -- Jerome Senior Apartments -- has not been evacuated, but staff has been informed of the situation.

UPDATE 4:46 p.m.: Additional streets have been cordoned off, establishing a perimeter for the preliminary investigation, said Batavia Police Officer Marc Lawrence. The other junctures closed off are: Alva Place and State Street; East Main and Summit streets; and Washington Avenue and Summit Street. Lawrence said the residents of Jerome Senior Apartments are to be evacuated; calls have been made to those in charge of the residential facility.

UPDATE 5:01 p.m.: Department of Public Works barricades have been put in place at several locations where officers had been posted to close streets off from traffic. The county's Emergency Response Team is at the command post in the parking lot at Alva Place and Bank Street (the site of the summer Downtown Public Market). Two State Police K-9 units are on scene; so are city fire crews.

UPDATE 5:28 p.m.: Officer Lawrence says the residents at Jerome Senior Apartments were told an hour ago to shelter in place. Reverse 9-1-1 calls were placed to people on Washington Avenue, Bank Street and Summit Street.

UPDATE 5:49 p.m.: Two State Police K-9 units went through the medical facility and exited the building a few minutes ago.

UPDATE (By Howard): Photos added. Officer Marc Lawrence said the scene was cleared by the K-9s. Nothing suspicious was found and the urgent care would reopen.

Press release:

The Genesee County Youth Bureau will host the 16^th annual Family Game Night in celebration of National County Government Month.

The event will take place on Thursday, April 25^th from 5:30-7:30 p.m. at County Building 2, 3837 W. Main Street Road, Batavia.

The night will consist of interactive booths for families to learn more about the services provided by the county through the departments as well as prizes and activities. The cost is $5 for a family of four and $3 for an individual which includes a light dinner and beverages.

Each family will take home one brand new board game after they visit each booth. Families also have the chance to enter to win free Muckdogs game tickets as well as free six-inch subs from Subway!

Adults must be accompanied by a child to receive the board game.

Please call the Youth Bureau for more information or to register at 344-3960.

The Genesee County Youth Bureau would also like to thank Batavia Kiwanis Club, Batavia Muckdogs, Upstate Milk, Big Pauly’s Pizzeria, Batavia’s Original, Walmart, Settler’s Family Restaurant, Subway, and Tops Friendly Markets for making donations to this event.