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Marlek E. Holmes is indicted on charges of failure to register change of address, failure to personally verify his address, disseminating indecent material to a minor, 1st degree, and endangering the welfare of a child. Holmes, a registered sex offender, is accused of not notifying authorities of his new address after relocating from 516 E. Main St., Batavia, on Feb. 19. Holmes is also accused of sending sexually explicit text messages to a 16-year-old girl in December 2010. 

Chester Dortch is indicted on a charge of aggravated unlicensed operation, 1st. Dortch is accused of driving on the Thruway in Batavia on Nov. 20 while knowing his license was suspended. Dortch reportedly had 10 prior suspensions for failure to answer and failure to pay fine.

Joshua Carney and Holly Carney are indicted on 11 counts of offering a false instrument for filing, 1st, and grand larceny, 3rd. The Carneys are accused of filing false statements related to Joshua's employment in order to receive food stamps and Medicaid. The Carneys are accused of stealing $7,453 in food stamp assistance and $6,564.14 in Medicaid.

Tonya M. Weber is indicted on a felony DWI charge and aggravated DWI, also a felony, for having a child under 15 in the car and endangering the welfare of a child. Weber is accused of driving drunk Nov. 29 in the Town of Oakfield.

Genesee County didn't have the biggest voter turnout in the special election on Tuesday, but we made a good run at it.

Board of elections officials have said our turnout was "about 25 percent."

That's 8 percentage points behind Erie County, but still at the high end of anticipated turnout for a single-ballot item, special election.

Depending on how "about" the GC turnout was, it also looks like Niagara County also had a slightly higher turnout at 25.7 percent.

These are unofficial numbers before absentee ballots have been counted.

Monroe County's turnout was 21 percent, Orleans 22 and we haven't been able to obtain the numbers for Wyoming County.

Even though we couldn't beat Erie (33 percent) -- where all four candidates were from -- our turnout was strong. The Batavian will go ahead and make its $100 donation to the Genesee Justice Foundation.

So I headed out to Francis Road this morning to see if I could get a picture of an intrepid deputy rounding up cows.

There were no cows, but there was this lost beagle. 

Deputy Lonnie Nati picked him up and delivered him to the animal shelter.

The beagle was wandering about 3/4 of a mile south of Lei-Ti Campground. It was a good distance from any nearby home, so not sure where he belongs (could be a she, I didn't check).

No tags. The pooch, very friendly and calm, has a large softball seized growth on its left rear hindquarter.  

A deputy has been dispatched to the area of 9300 Francis Road for a report of cows in the road.

The deputy's reply: "Copy, steak in the road."

Two cars were apparently shot at while driving north on Ellicott Avenue around 5 p.m., according to Batavia Police.

Both cars were hit, one having window damage and the damage report is not yet available on the second car.

Evidence indicates the shots came from the east side of the street between Washington and Park.

It hasn't been determined whether the shots came from a pellet gun or a small calibre firearm.

Anybody with information that might aid the investigation are asked to call Batavia PD at 345-6350.

UPDATE 9:33 p.m.: Sgt. John Peck said that some evidence was found in the area of 42 Ellicott Ave. and that two possible juvenile suspects have been identified. The investigation is ongoing. "It's possible other vehicles have been hit and the drivers are not even aware of it," Peck said. If any other cars were hit, or if anybody has more information, they can call Batavia PD at 345-6350.

The owner of the Batavia Nursing Home has been accused by federal authorities of committing wire fraud to help fund a "lavish" lifestyle.

Meanwhile, two employees of the nursing home on State Street have contacted The Batavian to say they've either not been paid or were paid late.

Marc L. Korn, 54, of East Amherst faces a possible 20 years in prison or a $250,000 fine or both. He was arraigned a week ago in federal court and is scheduled to appear again on June 2.

Assistant U.S. Attorney Gretchen L. Wylegala, who is handling the case, said that Korn devised a scheme to obtain funds from a charitable organization he headed, the American Friends of Assaf Harofeh Medical Center, an organization which raised funds to support a medical center in Israel.

An IRS investigator told the Buffalo News he's diverted as much as $1 million for his personal use and has also kept employee payroll taxes.

For employees of the nursing home, they're wondering what's going on. Today, they were told there was no money in the payroll account so no checks would be issued. 

"We've been told we would be paid, but we don't know when," an employee said.

This has happened before, according to another employee, who said two weeks ago the employees were given checks but told they couldn't cash them until the following week.

Korn could not be reached for comment.

One of the employees said that the Department of Labor has visited the facility, but she's not aware of any action beging taken.

She said all deliveries -- including food for residents -- are now C.O.D. (collect on delivery)

"The residents have their Social Security checks sent to the nursing home," she said. "Where's the money going?"

A relative of hers is a resident at the facility and the family is trying to move her, but she said she doesn't think the community really understands what's going on at the nursing home.

Five people quit today, she said. She figures she will start pulling 80-hour work weeks to keep up with the work load.

She continues her employment there, she said, because she believes it would be unethical to leave the residents without care.

Her husband's income has also been uneven lately, she said, so times are tough.

"I have to go home and tell my kids we may not eat today," she said.

She said all of the employees are facing similar difficulties, including falling behind on mortgages and car payments.

The woman said employees have been told Korn is trying to sell the facility, but they're not aware of any progress on that front.

We tried Korn's pager number, but it's disconnected. We also emailed him and asked for comment.

A man who met an Oakfield woman on a bus ride from Florida to Massachusetts and then came with her to New York entered  not guilty pleas today to 51 counts of rape for allegedly having sex with the woman's underage daughter and her underage friend.

The indictment covers another 13 more charges stemming from the alleged incidents, which investigators say occurred in November and December of 2010. Raymond E. Allard is accused of engaging with sexual acts with two girls under age 15.

The alleged incidents occurred in Oakfield, the City of Batavia and the Town of Batavia.

Allard was held without bail. Judge Robert C. Noonan said Allard presented a substantial flight risk because he has no real connections to the area, is facing serious charges with a potential lengthy prison term and has a prior criminal record.

According to Det. John Dehm, Allard's prior criminal record did not include similar sexual charges, but he did appear to target his alleged victims in this case after seemingly befriending the woman and her daughter on a bus trip. 

The case remains under investigation and there may be another victim or victims, Dehm said.

The 64-count indictment includes 51 counts of rape in the second degree and 13 counts of criminal sexual act, 2nd, for allegedly engaging in oral sex with both girls.

Outside of court, Dehm said parents should be cautious with people they have just met.

"A person might appear to be extremely friendly and polite and courteous," he says, "but you just never know what their past is all about, or what they could be up to."

A Le Roy man who got in a tussle with members of the Local Drug Enforcement Task Force in April will go through a drug treatment program before facing a possible sentence of up to four years in prison on drug and alcohol charges.

Craig A. Tiberio-Shepherd, 21, of 22 Lathrop Ave., Le Roy, entered a guilty plea today to criminal possession of a controlled substance, 4th, and assault, 3rd. He also admitted to driving drunk in August 2010.

Still in police custody for today's hearing, Tiberio-Shepherd will be released under supervision to Hope Haven for rehab.

On April 21, Tiberio-Shepherd was apprehended by members of the Local Drug Enforcement Task Force in Batavia and found in possession of at least 1/8th of a gram of cocaine. During his arrest, he wrestled with task force members. Two detectives suffered minor cuts and scrapes.

On Aug. 14, 2010, Tiberio-Shepherd was arrested and charged with felony DWI. Just five days prior to his arrest he was convicted of DWI in Le Roy Town Court.

The drug and assault charges carry a maximum four year prison sentence and the DWI charge is a one-and-a-third to three-year sentence. As part of the plea agreement, Tiberio-Shepherd could serve the sentences concurrently.

More than 2,160 National Grid customers have been without power for an hour and repair crews are unlikely to restore power before 10 p.m.

The effected area covers from just east of the city limits to Morganville and the eastern edge of Stafford down to Little Canada and East Bethany at Roanoke Road.

The outage may be related to a power line reported down and burning on Main Road, Stafford, at 8 p.m.

Without mandate relief, local officials say, a proposed property tax cap will strangle county government.

The cap proposal is moving through Albany and today the Genesee County Legislature sent a strongly worded letter to Gov. Andrew Cuomo and local representatives.

Without addressing the root cause of the problem -- unfunded mandates -- counties will have to begin eliminating all non-mandated, community-based programs and services to stay under the cap. These programs include veterans services and aging programs, local road and bridge maintenance and repair, road patrol, long-term care and substance abuse services, to name a few.

Legislative Chairwoman Mary Pat Hancock told WBTA today that rising pension costs and Medicaid expenses that are "forced" on the county are eating up too much local revenue.

"Pension costs have gone up 31 percent," she said. "And in the past several years, Medicaid has continued to escalate in cost."

WBTA also spoke with  Batavia City Schools' Business Manager Scott Rozanski, who predicted dark days ahead under the cap.

"In essence, it means we could only increase our expenditures by about $350,000," he said. "Cutting more is doable, but it would probably create a lot more uproar." 

Superintendent Margaret Puzio blamed the current proposed increase in the tax levy on Albany.

"The only reason we're looking at an increase in the tax levy is because our state aid was cut," she said.

While in Batavia today, Sen. Mike Ranzenhofer addressed the issue. Ranzenhofer expressed support for Hancock's call to have the state assume the costs of Medicaid.

"I was a county legislator for 20 years -- I understand that issue," he said. "I'm also very concerned about overuse of the Medicaid system by some, to the detriment of others. I'm talking about not having every possible optional service that you can have.

If the state took over funding Medicaid, Razenhofer, it might take more seriously such as issues of fraud and waste and find ways to improve efficiency and reduce costs.

Youngsters who get arrested for underage drinking or unlawful possession of marijuana may want to be careful about skipping court dates in the future.

Sen. Mike Ranzenhofer and Darien Town Justice Gary Graber were in Batavia today to announce the state Senate approval of a new law that would suspend the driving privileges of any person who fails to appear in court for those charges.

Graber called the current laws unenforceable because there has been no penalty for skipping court appearances. 

Because convictions for the infractions of underage drinking or unlawful possession of marijuana never include jail time, judges and justices are unable to issue warrants when a suspect doesn't appear in court.

"(The current law) encourages a lack of respect for the courts and the law and weakens the educational purposes of these laws to strongly discourage underage drinking and marijuana possession,” Ranzenhofer said. “This legislation will now give judges a remedy to the loopholes in the current law to enforce the sanctions of the court."

Graber, of course, sits in a court just down the road from Darien Lake Theme Park where, during the concert season, local law enforcement issues many citations for underage drinking and UPM.

Justices from throughout New York have been seeking a change in the law for years, Graber said.

Full press release after the jump:

Batavia, N.Y. – State Senator Michael H. Ranzenhofer and Darien Town Justice Gary Graber announced passage of legislation in the State Senate that grants courts the authority to suspend a driver’s license – in cases of underage possession of alcohol and unlawful possession of marijuana – when a person fails to appear before the court or comply with the sentence of the court.

If a person does not comply with the court’s sentencing or appear before the court, there is nothing the court can do and the court cannot issue a warrant since jail time is not a possible sentence.

“The current law is unenforceable. It encourages a lack of respect for the courts and the law and weakens the educational purposes of these laws to strongly discourage underage drinking and marijuana possession,” Ranzenhofer said. “This legislation will now give judges a remedy to the loopholes in the current law to enforce the sanctions of the court.  Passage of this bill in the state Senate is one step closer to ensuring judges have the right tools to enforce the law.”

An alarming number of people, in cases of possession of marijuana or underage possession of alcohol, disregard the sentence of the court by failing to pay the fine, complete an alcohol awareness program or community service. In one local court, out of 96 arrests for underage alcohol possession, six persons had failed to appear, one person has not paid his fine, two are still pending pre-trial and 35 or 30 percent have not completed their court ordered alcohol awareness program. 

The introduction of this legislation in the State Legislature occurred after the request of numerous Town Justices.  Justices from the towns of Alabama, Alexander, Bergen, Bethany, LeRoy, Oakfield and Pavilion have written to Senator Ranzenhofer in support of this legislation. 

“This legislation has been on the legislative agenda of the New York State Magistrates Association for many years. It is essential that the Town, Village and City Court Judges that handle these matters have the ability to enforce their sentences so that the education of young people in alcohol and substance abuse matters, provided in the statutes, are not ignored. We are very grateful to the sponsors and supporters of this legislation both in the Senate and Assembly as well as the treatment and prevention community,” said Graber.

“GCASA supports the work of the New York State Magistrates Association in advocating for legislation that holds offenders of our substance abuse laws accountable for not following through on court ordered sanctions.  We thank Senator Ranzenhofer and the State Senate for passing this legislation and are asking the Assembly to do the same.  This measure provides the needed tools for our judges to hold offenders accountable and make our communities healthier and safer,”  said Genesee/Orleans Council on Alcoholism and Substance Abuse Executive Director David G. Markham.

The bill (S.3188) passed the State Senate on May 17. Senator Ranzenhofer is sponsoring the bill in the State Senate.  Assemblyman Robin Schimminger is sponsoring the bill in the State Assembly.

The Swallow Hollow Nature Trail has suffered $15,000 in damage after vandals struck recently, according to WIVB.

Ten interpretive panels were removed. The vandals also overtuned a bench, toppled a port-a-john and removed other signs.

There's a $500 reward being offered by the Friends of Iroquois National Wildlife Refuge, Inc., for information leading to an arrest and conviction of the people involved.

A wire is reportedly down, landing on a truck, and is burning in the area 5815 Main Road, Stafford.

Stafford Fire Department is responding.

UPDATE 8:08 p.m.: National Grid has a 20 to 25 minute ETA. A firefighter on scene reports the wire is not on the truck, but on the ground.

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The Rathod family of Batavia has a new business venture -- they've taken over the Sunco gas station and West Main Mini Mart at 3845 W. Main St. Road, Batavia.

Raveen Rathod is running the store with help from his brothers, Nick (above, left) and Sunny.

On Friday and Saturday, the family will celebrate the grand opening of their new business. The draw for customers includes 5 cents off a gallon of gas (but not diesel), free slice of pizza with a $5 gas purchase along with drawings and giveaways.

The store will be open both days from 6 a.m to 10 p.m.

Remember the pink gorilla we saw wandering on Main Street on May 25? It was a marketing ploy of local entrepreneur Tim Walton.

Walton has relaunched his T-shirt and clothing business, former Topline Shirt Company, as Pink Gorilla Tees and Graphics.

The location remains 214 E. Main St. in the City of Batavia.

Joe Canzoneri has been named store manager.

Just because the new store has opened doesn't mean the mascot will be retired, Canzoneri said.

"We will continue to send the mascot to events," Canzoneri said. "It's something that we hope the community will enjoy as well. We want to have fun with what we do and Pink Gorilla is just that -- fun and creative just like our shirts"

Pink Gorilla will be open from noon to 5 p.m., Monday through Friday. 

When hair stylist Amanda Lowe, above left, managed a Super Cuts, she said, she was able to double the business of the store and that success got her to thinking -- what could I do if I struck out on my own?

After some time thinking about it, and getting experience in other salons, she recently stopped wondering and started trying.

Last month, she opened Jagged Edge Salon at 4140 Veterans Memorial Drive with her friends Dawn Williams (next to Amanda) and Alisha Foster (right) along with her sister Sarah Lowe (in between Dawn and Alisha).

Combined, the young women have 38 years experience cutting and styling hair. 

Customers are welcome to walk-in or make an appointment for highlights, lowlights, perms, styling/updos, treatments, and facial waxing.

"I like having a salon where the girls and the customers can come in and have fun," Lowe said. "I also just like the responsibility of running my own business."

The grand opening is June 18. Guests who stop in between now and then can enter to win prizes, including free haircuts for a year.

Store hours are 9 a.m. to 7 p.m. Monday through Friday and 9 a.m. to 4 p.m. Saturday.

A car reportedly struck a deer on Route 5 near Kelsey Road.

There are injuries reported.

East Pembroke Fire Department and Mercy EMS responding.

UPDATE 6:28 p.m.: One person was transported to UMMC by ground ambulance. Officials on scene said that a driver of another vehicle saw the deer, slowed down and the deer jumped over that car and landed on this minivan. No further information available at this time.

Wallace Eugene Urf, 33, Pavilion Center Road, Pavilion, is charged with a felony count of DWI, driving with a BAC of .18 or greater and aggravated unlicensed operation, 2nd. Urf was taken into custody at 6:05 p.m. Monday on Broadway, Darien, following a complaint of a domestic incident. Urf was allegedly found driving a car on a suspended license while intoxicated by Deputy Kevin McCarthy. Corfu Police assisted in the apprehension.

David Lawrence Popielinski, 22, of Schad Road, Alden, is charged with DWI, driving with a BAC of .08 or greater and moving from lane unsafely. At 10:15 p.m. Tuesday, the Sheriff's Office received a complaint of a car off the road on Harlow Road, Darien. Deputy Kevin McCarthy investigated and arrested Popielinski.

Grant Arnold Sundown, 46, of Skye Road, Tonawanda Indian Reservation, is charged with criminal contempt, 2nd. Sundown is accused of having contact with a protected person.

Batavia Police are running a special detail today targeting drivers without seat belts or talking on mobile phones.

Officers also ran the detail yesterday afternoon.

Officer Darryle Streeter said he's seeing about 95- to 98-percent compliance with the seat belt law.

Mobile phones are another matter. Of the 18 tickets written yesterday, only one was for a seat belt violation and 10 were for mobile phone use (the rest were for miscellaneous issues such as inspection or tinted glass).

At the time this picture was taken, the detail was being run on Ellicott Street.