byron

Calling Scott Lamagna's participation in an attack on a patron of Playmates in Byron "brutal" and "senseless," County Court Judge Charles Zambito rejected the idea of a probationary sentence and sent him to state prison for three and a half years.

"I can't put you on probation or give you a community-based sentence and be confident the community will be safe," Zambito said. "I don't know what will set you off."

Lamagna and his brother Jonathon attacked a patron in the parking lot of the strip club. The attack stemmed from a barroom disagreement. After beating the victim, the owner of Playmates tried to assist the man, whom she found in the parking lot lying in a pool of his own blood, by dragging him onto the porch. Zambito noted that Scott and Jonathan then renewed their attack. Jonathan kicked the victim in the ribs and Scott kicked him in the head, both kicks caused serious injuries.

The brothers then left the scene, stopped at the 7-Eleven in Bergen, where they attacked two other people.

"Mr. Burns (defense attorney Thomas Burns) did his best to try and convince me I should give you a chance out in the community, but I'm not convinced," Zambito said.

Burns argued that his client is remorseful for his actions and realizes he needs help for alcohol and drug abuse. He said Lamagna does have a record of being able to maintain a job and would be employable if released to probation. He also said Lamagna had strong support from his family. 

Scott is older than his brother and Burns said Scott understands that as the older brother it was his responsibility to society to set the mature example.

"He knows he dropped the ball on that one," Burns said.

Jonathan Lamagna was sentenced last week and Scott's sentencing was scheduled for the same day, immediately afterward, but Assistant District Attorney Kevin Finnell presented information obtained from wiretaps on jail phone calls between Scott and family members.

Burns objected to use of the recordings in evidence for the sentencing because he didn't even know about their existence before Finnell mentioned them in court, so the sentencing was adjourned to today, giving Burns time to review the recordings.

The recordings reveal a defendant who was scared and under stress and trying to deal with his immediate concerns, as any person would, Burns said, adding they didn't indicate Lamagna was any less concerned about the condition of his victim.

There was also evidence presented that indicated that before Lamagna was arrested, he made frantic calls to people trying to find somebody to take care of his dog.

Before sentencing, Lamagna addressed the court and said he was deeply sorry for hurting innocent people.

"I wish I could take it all back but I know I can't," Lamagna said.

He said he was prepared for the consequences of the judge's decision as a result of his own actions.

If sent to prison, he said, "I will come out a better person."

Zambito wasn't convinced as he looked at the violent nature of the attacks and Lamagna's seven prior charges of resisting arrest.

"It's sad that you didn't have the same concern that you had for your dog for human beings," Zambito said.

Two brothers from Rochester involved in the beating of a patron of the Playmates strip club in Byron were scheduled for sentencing in County Court today, but after the attorney for one objected to new evidence brought to the hearing, that sentencing was delayed.

In the first case, Jonathon Lamagna, 19, who previously entered a guilty plea on second-degree assault and second-degree coercion, was sentenced to five years in prison and three years parole.

Scott Lamagna will be back in court Feb. 17 after defense attorney Thomas Burns said he felt "ambushed" by the presentation of recordings of phone calls in jail between Scott Lamagna and family members that Assistant District Attorney Kevin Finnell said showed that Scott Lamagna showed no remorse for his actions, that he was more interested in minimizing his jail time.

The brothers were arrested after a patron suffered serious injuries when they attacked him in the parking lot of Playmates.

Finnell provided a written deposition from the owner of Playmates who said she tried to assist the bloodied and beaten victim by dragging him back into the club and the brothers then continued their assault, kicking him as she tried to pull him away from them.

According to the statement, Scott Lamagna grabbed the victim from by the shirt and punched him repeatedly in the face as the owner tried to pull him onto the establishment's porch. She said she screamed, "Stop, stop, you're going to kill him."

Then Jonathon kicked the victim in the head and ribs, she said.

The victim was described by Finnell as a liver transplant recipient and short in stature and slight in build.  

Before sentencing, Jonathon read a statement, saying, "I feel drugs and alcohol played a part in my actions. I accept full responsibility for what I did."

Via our news partner, WBTA.

Byron-Bergen's Brandon Burke scored his 1,000th point last night, becoming the first player at the school to hit that milestone in boys basketball. In a submitted photo, Burke is pictured with his family.

A car has hit a pole on Townline Road near Tripp Road in Byron. 

Injuries are reported. 

Byron, South Byron and Mercy EMS responding. 

UPDATE 8:53 p.m.: Minor injuries. No traffic issues. 

Shawn M. Twardowski, 34, of Bank Street, Batavia, is charged with: animal cruelty; second-degree harassment; third-degree robbery; fourth-degree criminal mischief; obstruction of governmental administration; and resisting arrest. Twardowski was reportedly involved in an incident at his residence on Bank Street at 12:15 a.m., Thursday. He allegedly strangled and punched a beagle, subjected a female at the location to physical contact, stealing and attempting to disable her mobile phone and then, upon police arrival, barricaded himself in a bedroom. When police gained access, he allegedly struggled with officers. He was jailed on $50,000 bail.

Salvatore M. Schwable, 19, of Webber Avenue, Oakfield, was arrested on a warrant. Schwable allegedly violated the terms of his release-under-supervision contract. He was jailed on $2,500 bail.

Ronald J. Murray Jr., 22, of Wood Street, Batavia, is charged with harassment, 2nd. Murray allegedly pushed another person during an argument, reported at 8:30 p.m., Thursday.

Alan P. Ellis, 36, of Lewis Avenue, Batavia, is charged with harassment, 2nd, criminal obstruction of breathing, endangering the welfare of a child and cruelty to animals. During an argument reported at 5:15 a.m., Sunday, Ellis grabbed victims by their throats, with one being under age 17, and he allegedly threw and kicked a dog, causing it to limp.  

Charles J. Rodriguez Sr., 40, of North Spruce Street, Batavia, is charged with petit larceny. Rodriguez was arrested on a warrant out of Batavia City Court at Buffalo City Court when he appeared there on an unrelated matter. He was jailed on $1,000 bail or $2,000 bond.

Michael J. Antonucci, 34, of Alexander Road, Attica, is charged criminal contempt, 2nd. Antonucci was arrested on a warrant for allegedly violating an order of protection.

Jeanna M. Hattaway, 29, of West Main Street Road, Batavia, is charged with petit larceny. Hattaway allegedly stole two pairs of sunglasses from the 7-Eleven at 505 E. Main St., Batavia.

Diane M. Fiorentino, 67, of Grandview Terrace, Batavia, is charged with harassment, 2nd. Fiorentino was arrested Nov. 13 following the report of an incident at 5:30 p.m. that day at her residence. No further details released.

Nikayla C. Jackson, 19, no permanent address, Batavia, was arrested on a warrant for alleged failure to appear on a disorderly conduct charge.

Willie A. Saab, 42, of West Main Street, Batavia, is charged with two counts of first-degree criminal contempt and two counts of aggravated family offense. Saab allegedly violated a pair of stay-away orders. He was jailed without bail.

Grayson Jordan Albert Finnin, 20, of Seven Springs Road, Batavia, is charged with harassment, 2nd, obstructing emergency medical services, and unlawful possession of alcohol by a person under age 21. Finnin was allegedly involved at a disturbance at a local hotel at 12:12 a.m., Tuesday. He was transported to UMMC and allegedly became combative with medical staff and police officers.

Gerardo Carrera-Sanchez, 31, Oak Orchard Road, Elba, is charged with DWI, driving with a BAC of .08 or greater, consumption of alcohol in a motor vehicle, unlicensed operator and moving from lane unsafely. Carrera-Sanchez was arrested by Deputy Howard Wilson following the investigation into a motor-vehicle accident reported at 7:30 a.m. Jan. 22 on Shelt Road, Byron.

Timothy Michael Weinstein, 44, of Alleghany Road, Darien, is charged with criminal contempt, 2nd, and unlawful possession of marijuana. Weinstein allegedly violated the terms of an order of protection.

Yahaira Ann Marie Brown Diaz, 18, of Old Telephone Road, Bethany, is charged with unlawful possession of marijuana. Diaz was allegedly found in possession of marijuana while at a location on West Main Street Road, Batavia, at 7:04 p.m., Sunday.

On Saturday, the South Byron Volunteer Fire Department held its annual banquet and named Chief Scott Blossom Firefighter of the Year and President Dean Bates Member of the Year. They are flanked by Sen. Mike Ranzenhofer and Assemblyman Steve Hawley.

Robert Fite, pictures below, was honored for 50 years of service.

Info and photos provided by Scott Blossom.

A unique feature of the Byron Museum is that it is located in an historic church -- the sanctuary of the former German Lutheran church is packed with countless items, including clothing, textiles, photographs and yearbooks. Behind the church, there is a large annex dedicated to farming equipment and items. To tour this museum, call town historian, Bob Wilson at 585-548-9008.

Visit www.VisitGeneseeNY.com to learn more about Genesee County's unique attractions.

Byron, South Byron and a tanker from Elba are requested to 5583 Cook Road, Byron, for a brush fire.

The entrance is off Transit Road.

Press release:

A state-mandated 30-day public review period has begun for Agricultural Districts No. 2 in the towns of Alabama, Batavia, Byron, Elba, Oakfield and Pembroke.

The Genesee County Agricultural and Farmland Protection Board announced that Agricultural District No. 2 will embark on its eight-year review with a 30-day public review period beginning on Jan. 26.

As with every eight-year review, landowners with lands in the district under review will be asked to complete a worksheet where they will be given the option to enroll or withdraw property from the district. Only entire parcels can be included or excluded.

Landowners will receive the worksheet, along with a letter, informational brochure, and map of the current district boundaries in the next couple of days. Each landowner will have until Friday, Feb. 24th of this year to mail the worksheets to the Department of Planning in the envelopes provided. This deadline also coincides with the deadline for the Annual Enrollment Period, which allows for inclusion of predominantly viable agricultural land to any of the County’s Agricultural Districts pending review by the Agricultural and Farmland Protection Board. In addition, nearby landowners that are receiving Agricultural Tax Assessments and are not part of the Agricultural Districts Program will be mailed a letter and form inviting them to join the program.

During this 30-day period, a map of the District will be on file and open to the public in the office of the Genesee County Clerk and at the Genesee County Department of Planning.Any municipality whose territory encompasses the above Agricultural District, any State Agency or any landowner within or adjacent to the District, may propose a modification of the District during this period. The District and any proposed modification will be submitted to the Genesee County Agricultural and Farmland Protection Board for review. Consequently, a public hearing on the District and any proposed modifications will be held at 5:30 p.m. on Wednesday, May 10, at the Genesee County Old Courthouse, 7 Main St., Batavia.

At the conclusion of this review, the Genesee County Legislature will vote on any modifications to the District and send the proper materials to the State Department of Agriculture and Markets for recertification. The public is encouraged to attend all open meetings.

By enrolling land in the Agricultural Districts Program, participating farmers can receive relief from nuisance claims and certain forms of local regulation. Enrollment is free and voluntary. For a free informational brochure, please contact the Genesee County Department of Planning. Phone: (585) 815-7901; fax: (585) 345-3062; email: planning@co.genesee.ny.us. Visit us on the Web at www.co.genesee.ny.us/departments/planning.

Investigators continue to work leads in the case of a series of battery thefts from trucks and farm equipment in Genesee County, and as a result previously arrested suspects face new charges.

Bart Towne, 48, of Alleghany Road, Alabama, is charged with grand larceny, 4th. He was first arrested Sept. 27 and has been charged in the jurisdictions of Byron, Oakfield, Alabama, Elba, Pembroke and Alexander. 

He allegedly stole batteries in each of those towns.

He is being held without bail.

Amber L. Heveron, 28, of Rice Road, Albion, is charged with grand larceny, 4th. She was first arrested Dec. 6. She was previously charged in Alabama, Pembroke, Oakfield and Elba. 

She is out of jail under supervision of Genesee Justice.

The investigation is ongoing and additional arrests are possible.

Press release:

The Byron-Bergen Central School District is in the process of developing the 2017‑2018 school budget and we welcome, appreciate, and value your input. The Board would like to extend an invitation to members of the Byron-Bergen School District to participate in a survey that will help the Board to determine priorities for next year’s budget.

Please take a moment to complete the online survey by visiting our website www.bbschools.org and clicking on the “2017-18 Budget Development Survey” link. If you prefer a hard copy of the survey, please contact Mrs. Gunio at (585) 494-1220, ext. 2329, and she will be happy to mail you a copy, through Jan. 31.

Budget information will be updated on our website www.bbschools.org and discussed at our regularly scheduled Board of Education Meetings. Our meetings start at 7 p.m. and take place in the Professional Development Room (former Jr. High Library).

Please note that the public is invited to provide budget input at the Thursday, Feb. 2, Board meeting, which will take place in the Jr./Sr. High School Cafeteria to accommodate the community at 7 p.m.

Daniel John Kearney, 57, of Genesee Street, Pembroke, is charged with second-degree harassment and reckless driving. At 8:25 p.m. on Dec. 23, following an investigation of a road-rage incident, it is alleged that Kearney struck another driver in the face and cut off the other driver while on Pearl Street Road, Batavia. He was arrested and arraigned in Town of Batavia Court and released on his own recognizance. The case was handled by Sheriff's Deputy Kyle Krzemien, assisted by Sgt. Thomas Sanfratello.

Sergio Ivan Santana-Santana, 35, of State Street, Batavia, is charged with: operating a motor vehicle with a BAC over .08 -- a felony; driving while intoxicated, felony; first-degree aggravated unlicensed operation; and unlicensed driver. At 5:32 p.m. on Dec. 24, the Emergency Dispatch Center received a call about subjects fighting in the area of routes 33 and 237 in the Town of Stafford. Investigation at the scene allegedly revealed that the defendant was driving with a revoked license and while intoxicated. He was arraigned in Stafford Town Court and jailed on $2,500 bail or $5,000 bond, with a return court date of Jan. 12. The case was handled by Sheriff's Deputy Cassidy Longhini, assisted by Deputy Kevin McCarthy.

Daniel J. Eastridge, 21, of Hutchins Street, Batavia, is charged with: passing a solid red light; failure to stop at stop sign (two counts); driving the wrong direction on a one-way street; DWI; and aggravated DWI -- BAC of .18 percent or higher. He was also cited for having insufficient tail lamps and failure to use a turn signal. The charges were issued following a traffic stop at 2:21 a.m. on Dec. 24 on Denio Street in Batavia after Eastridge was allegedly observed failing to yield for a steady red signal. He was determined to have been operating the vehicle while allegedly intoxicated. He is due in City Court on Jan. 10. The case was handled by Batavia Police Officer Chad Richards, assisted by Officer Christopher Lindsay.

Judy A. Stiles, 58, of Sheppard Road, Pavilion, is charged with: operating a motor vehicle without headlights; following too closely; DWI; and aggravated DWI -- having a BAC of .18 percent or higher. The charges stem from a motor-vehicle accident that occured at 7:24 p.m. on Dec. 16 on West Main Street in Batavia. It is alleged that Stiles struck another vehicle that was stopped for a red light. During the investigation, it was allegedly determined that Stiles had been operating her vehicle while intoxicated. She was issued an appearance ticket for City Court on Jan. 3. The case was handled by Batavia Police Officer Chad Richards, assisted by Officer Nicole Salamone.

James A. Hough, 43, of Harvester Avenue, Batavia, is charged with: DWI -- with a previous conviction within the last 10 years; refusal to take a breath test; and moving from lane unsafely. At 9:47 p.m. on Dec. 17, Batavia PD was dispatched to Richmond Avenue for a motor-vehicle accident. After investigation, Hough was allegedly found to have been operating the vehicle while intoxicated and he was arrested. He was due back in City Court on Dec. 20. The case was handled by Batavia Police Officer Nicole Salamone, assisted by Officer Mitchell Cowen.

Joseph Tucker, no age provided, of Salem Road, Rochester, was involved in a one-vehicle accident on Route 33 in the Town of Byron at around 11:25 p.m. on Dec. 17. According to the Sheriff's Office statement, the vehicle drvien by Tucker was traveling at an unsafe speed for the icy weather conditions. Tucker lost control of the vehicle and drove off the southeast shoulder of the roadway and struck a tree. Three of the six occupants were transported to Rochester General Hospital and treated for non-life-threatening injuries.

Jamie L. Broadbent, 33, of Thorpe Street, Batavia, is charged with: resisting arrest; petit larceny; fourth-degree criminal mischief; and third-degree criminal tampering. At 10:30 p.m. on Dec. 17, Batavia PD responded to the Dollar General store on East Main Street for the report of a female concealing items. Police confronted Broadbent after she passed the point of sale and at that time she allegedly resisted arrest. She was subsequently taken into custody, arraigned in City Court and jailed on $3,000 bail. She was due back in court on Dec. 19. The case was handled by Batavia Police Officer Arick Perkins, assisted by Sgt. Dan Coffey.

Noel M. Wentworth, 47, of Pringle Avenue, Batavia, is charged with criminal possession of a controlled substance in the seventh degree. Wentworth was arrested at 10:01 a.m. on Dec. 5 at Batavia City Centre and issued an appearance ticket. A small quantity of crack cocaine was allegedly found inside Wentworth's wallet. Wentworth is due in City Court on Jan. 10. The case was handled by Batavia Police Officer James DeFreze, assisted by Officer Jason Davis.

James J. Preedom, 32, of Walnut Street, Batavia, is charged with unnecessary noise. He was arrested at 2:22 a.m. on Dec. 21 on Walnut Street following several noise complaints and warnings. He was issued an appearance ticket returnable to City Court on Jan. 3. The case was handled by Batavia Police Officer Felicia DeGroot, assisted by Officer Peter Flanagan.

Four people are reportedly involved in a single-car, minor injury accident on Route 33 near Old State Road.

Byron and South Byron fire departments dispatched along with Mercy EMS.

UPDATE 11:37 p.m.: Responding units advised to use caution. Roads are very icy and hazardous. 

Pembroke beat Byron-Bergen in a home game for the Bees last night, 55-46.

Olivia Kohurst scored 14 points for the Lady Dragons, with six coming off a pair of three-pointers. Mackenzie Jurek had 11 and Mackenzie Johnson, who also had a pair of three-point buckets, had 10.

For Byron-Bergen, Karson Richenberg had 11 points, Dana VanValkenberg, nine, Jenna Amesburg, nine, Hailey Hubbard, eight, and Kelsey Fuller, seven. VanValkenberg and Amesburg each hit three-point shots.

Frederich Welch, 57, and Doncella Loyd, 53, both of Rochester, are charged with criminal possession of stolen property, 5th. Welch and Loyd are accused of making several trips in and out of Kohl's, taking merchandise worth $719.91. Troopers stopped the vehicle in the Batavia Towne Center parking lot. Welch was jailed on $2,500 bail and Loyd was released under supervision of Genesee Justice.

Jonathan Dylan Jacob, 23, of Meadville Road, Alabama, is charged with unlawful possession of marijuana. Jacob was arrested following a report of an incident in the Town of Alabama. During law enforcement contact, he was allegedly found in possession of marijuana.

James Rosie Thomas, 20, of 367 West St., Lake George, is charged with resisting arrest, escape and he was arrested on a warrant out of Elba. Thomas allegedly ran and resisted arrest when Deputy John Dehm attempted to take him into custody on a warrant at a location on South Main Street, Oakfield.

Tracy L. Miller, 32, of South Lake Road, Pembroke, is charged with grand larceny, 4th. Miller is accused of stealing a purse, which contained several debit and credit cards. 

Nicholas Price, 29, of Batavia, is charged with driving while ability impaired by drugs. Price was stopped by a trooper after a report of an erratic driver, including a witness reporting seeing the vehicle hit a mailbox and continue down the road. Price was stopped and administered a field sobriety test before being arrested. He was also charged with leaving the scene of a property damage accident and criminal possession of a controlled substance, 7th.

Daniel Hinca, 21, of Alexander, is charged with driving while ability impaired by drugs and speeding. Hinca was stopped by State Police in Byron. A trooper administered a field sobriety test prior to his arrest. 

Joshua Taro, 38, of Auburn, is charged with petit larceny. Taro is accused of shoplifting from a store in Pembroke. He was jailed on $500 bail.

Brandi Heidenreich, 26, of Oakfield, is charged with petit larceny. Heidenreich was arrested by State Police for allegedly stealing items from Walmart worth $45.18.

Press release:

Students from the Byron-Bergen Jr./Sr. High School got a close look inside several of Genesee County’s leading advanced manufacturing facilities recently. Teacher Jay Wolcott’s Manufacturing Systems class visited four companies to assess the local job market, learn about pay and benefits, see potential job opportunities, and hear about the skills employers are looking for. Host companies included Bergen’s Liberty Pumps, along with Le Roy businesses Aluminum Injection Mold (AIM), PCORE Electric Company, and Orcon Industries.

Company representatives explained the varied career opportunities available at manufacturing companies like these, including jobs in assembly, engineering, sales, marketing, and management. Students came away with the understanding that successful job applicants must have strong skills in basic math, problem-solving, and communication, along with, at minimum, a high school diploma or GED. Each company visited stressed their support for job-specific training and college course work.

Students toured the Liberty Pumps facility, experiencing the machining of pump housings, powder coat finishing, assembly, inspection, packaging, and finally, the global shipping process. At AIM, they followed the prototype manufacturing process from the initial customer design requirements to machining of the aluminum injection mold and molding of plastic parts.

PCORE manufactures bushings for the high voltage electric transformer units used by power companies. Students observed a demonstration using electricity to check for defects that took place in a completely dark lab that concluded with electrical humming and flying sparks. At Orcon, a custom industrial packaging company, students observed firsthand the need for problem-solving skills in all areas of the operation.

Using their experiences with the participating companies, students completed a technical report assessing the job opportunities at each company, concluding with their opinion on the best job fit for them.

The career exploration trip was arranged with the help of the Genesee County Business Education Alliance (BEA).

Two brothers from Monroe County already facing felony charges from alleged attacks in Byron and Bergen last month are facing new charges after further investigation. 

Scott M. Lamagna, 25, of Fairport, and Jonathan J. Lamanga, 18, of Webster, have been charged with coercion in the first degree.

The Lamagnas allegedly attacked a person in the parking lot of Playmates in Byron at 1:42 a.m. on Oct. 9 and then drove to the 7-Eleven in Bergen and got into an altercation with a man and a women inside the store. When one of the victims, who had reportedly already been injured, said he was going to call the police, the victim was allegedly punched in the face.

The victim of the Playmates incident reportedly suffered serious injuries.

Following their initial arrests on Oct. 11 and Oct. 12, both brothers were jailed on $25,000 bail apiece.

They were initially charged with second-degree assault.

(Photo by Roberta Jeanne White.) 

A man was struck by a train in Byron.

The train is stopped at Caswell Road.

Byron and South Byron fire responded to the scene.

Mercy Flight was dispatched but then canceled.

UPDATE: David Swinton, 60, was killed after being struck by a train that was traveling southwest on CSX trains near Route 237 at about 10:30 a.m. He had been hunting but may have been photographing deer at the time of the accident, according to State Police.

UPDATE: Additional photos from our news partner, 13WHAM. For 13WHAM's coverage, click here. 

UPDATE: Press release from NYSP, Troop A:

On Nov. 6 at 10:30 a.m., a CSX train was traveling westbound between State Route 237 and Caswell Road in the Town of Byron struck David T. Swinton, 60 of Byron. Investigation shows Swinton was possibly taking pictures of the area when the train struck him. Foul play is not a factor in this investigation.

UPDATE: Statement from BOCES:

On Nov. 6, the Genesee Valley Educational Partnership was made aware of the tragic death of David Swinton, a Crisis Intervention specialist at the Batavia Academy. The Trauma, Illness and Grief team (TIG) team has met and counselors will be available to support students and staff members on Monday, Nov. 7 and throughout the week. Our thoughts and prayers are with the Swinton family at this difficult time.

Two arrests have been made by the Genesee County Sheriff's Office following the investigation into an assault which occurred at 1:42 a.m. on Oct. 9 in the parking lot of Playmates, located on Route 237 in the Town of Byron.

The victim suffered several serious injuries and was listed in critical condition at Strong Memorial Hospital.

Scott M. Lamagna, 25, of Fairport, and Jonathan J. Lamanga, 18, of Webster, were arrested and charged with second-degree assault. The brothers were put in Genesee County Jail in lieu of $25,000 cash bail. Scott was arrested Oct. 12; Jonathan on Oct. 11.

Investigators from the Genesee County Sheriff's Office were assisted by the Monroe County Sheriff's Office and its K-9 after Scott refused to comply with direct orders to exit his residence on Oct. 12 in Fairport. After about three hours, Scott was taken into custody on an arrest warrant without further incident.