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Family of murder victim located

By Howard B. Owens

At a press conference this morning (photo), officials with the Sheriff's Office asked for the public's help in locating the family of murder victim Sherri Colleen Butler and this evening investigators announced next of kin of been located and notified of Butler's death.

The 58-year-old woman was found dead Monday morning in her room at the Sunset Motel in Batavia, the victim of blunt force trauma to her neck.

The suspect remains at large.

Investigators are still seeking the public's helping in solving the murder case. Anybody with any information that might be helpful are encouraged to call (585) 343-5000.

Previously: Investigators trying to locate family of murder victim Sherri Colleen Butler

Fire alarm in apartment on State Street, Batavia

By Howard B. Owens

City fire is responding to 146 Bank St. for a fire alarm where the caller is blind, hears the alarm and smells smoke.

The resident has gotten out of the residence.

All other occupants are out.

UPDATE 12:57 p.m.: Fire arrived on scene and no evidence of fire nor could they find the caller. Dispatchers called the caller back. City fire is rerouting to 146 State St.

UPDATE 12:59 p.m.: Light smoke coming from the residence.

UPDATE 1 p.m.: Smoldering rag found in the kitchen. Ventilating. 

Investigators trying to locate family of murder victim Sherri Colleen Butler

By Howard B. Owens

Investigators have been unable to locate the family of Sherri Colleen Butler, the woman found dead two mornings ago in a room at the Sunset Motel on West Main Street Road, Batavia, so they released her name today in the hope somebody will see it and contact them with more information about her.

As far as investigators know, Butler has been living at the Sunset Motel since the January 2014 when deputies first had contact with her.

She has a record of prior law enforcement contacts in Rochester.

Not much else is known about here, said Undersheriff Gregory Walker during a press conference this morning.

Butler is described as a white female, age 59.

She was last seen alive Friday or Saturday.

Emergency dispatch received a call at 11:57 a.m. Monday of an unresponsive woman in a room at the motel. One of the motel's owners, Kevin Bezon, went to check on her because she hadn't been seen in a couple of days.

Sgt. Ron Meides was the first officer on scene and he immediately determined Butler was dead and the circumstances of her death seemed suspicious.

A medical examiner has ruled her death a homicide. The cause of death was "blunt-force trauma to the carotid artery."

Chief Deputy Jerome Brewster said Butler had no other serious injuries. He would not say whether there was evidence of a related crime, such as robbery or sexual assault. 

There was no drug paraphernalia in the room.

There was no sign of forced entry. 

Brewster said no information will be released at this time on whether there is a suspect or suspects.

“It’s hard to assume whether it was somebody she knew or not,” Walker said.

Like all the residents of the motel, Butler paid her rent on a weekly basis. Co-owner Lynn Bezon said Butler always paid her rent on time and was a pleasant resident.

"She was a sweet lady," Bezon said.

Butler's prior police contact did include an arrest, according to available information. She was arrested in May 2014 for harassment, 2nd, and trespass. She was arrested in July 2014 on a warrant for criminal contempt.

Homicides remain rare in Genesee County. The most recent cases include the last one on Dec. 1, 2015, when Kyle Johnson killed Norman Ball on Selden Road in Le Roy. In December 2014, Baby Chandler died of head trauma and Jeffrey L. Deats was charged with manslaughter. A few days later, Deats took his own life while in custody. In 2009, Scott Doll killed Joseph Benaquist in Pembroke.

The unsolved murders in the county include Bill Fickel, Annie Lee, Eddie Freson and Kisha Sullivan.

Asked how he thought this case might be a hard case to solve, Brewster said, "I never go into one thinking I’m not going to win."

Solving the Butler case though may hinge, Brewster said, on the cooperation of people who aren't normally comfortable talking with the police.

"Because she lived in a motel unit and paid week-to-week, she would have been in contact with people that are similarly fixed and sometimes these people don’t really communicate with the police," Brewster said. "We’re hoping that when they realize this woman has been murdered that they may decide step outside themselves and help the police for once. They could be a big help to us if they decide to come forward."

Once all the evidence is in, DA will face decision on whether to have Log Cabin shooting case reviewed by grand jury

By Howard B. Owens
      Keith Kent

In the next few weeks, District Attorney Lawrence Friedman will need to make a decision he's never had to make in his more than 36-year career as a prosecutor: whether to send a case involving the police shooting of an armed suspect to a grand jury for review.

Friedman has not yet seen all the evidence in the incident at the Log Cabin Resturant in Indian Falls a week ago and said he won't make a decision about presenting the case to a grand jury until State Police investigators bring the completed case to him.

A week ago, officers were dispatched to the Log Cabin for the report of a disturbance at the restaurant followed by additional reports of shots fired. Upon their arrival on scene, Keith A. Kent, 61, of Albion, reportedly fired another shot. Officers yelled at Kent to drop his weapon. At that time, according to information released so far, Kent turned toward Deputy Ryan Young and may have pointed his handgun at the officer. Young shot and killed Kent.

State Police investigators have witnesses to interview, body camera video to review, ballistics and forensic evidence to examine. If all of that supports the version of events released by law enforcement so far, that would seem to point to a justified shooting.

Even if that is the case, Friedman said, a grand jury could still be asked to review the evidence.

Asked several different ways to try to explain how he will reach a decision on whether to bring in a grand jury on the case, Friedman chose his words very carefully. He wanted to be clear that he hasn't made that decision yet and did not want to say anything that would make it sound like he had made that decision.

"I'm not holding back," Friedman said. "I have not decided which way we go between those options."

He said some District Attorneys in other jurisdictions always send cases such as this to a grand jury. Others make a decision themselves on a case-by-case basis.

"We don’t have a policy of how we handle these cases because there’s never been one, thankfully," Friedman said.

The last time a police officer in Genesee County shot another person in the line of duty was 1977 when Batavia PD Officer Douglas Squires shot and wounded William Timoney during a robbery of a convenience store on Oak Street.

Friedman praised local law enforcement for their professionalism and restraint in not firing their weapons at suspects in recent years even though in several instances it appears such a shooting would have been justifiable. 

One of those involves Deputy Young, who was a Le Roy police officer when dispatched to Selden Road after a report of a man being shot in the head. That was on Dec. 1, 2015. When he arrived on scene an alarm came in for a house fire a few houses down the road. As he pulled up, Kyle Johnson fired a rifle in the direction of Young and a fire chief. Young took cover and provided information about the location of the shooter as other officers arrived. Johnson wandered up and down Selden Road for hours, sometimes pointing his weapon in the general direction of police officers. He was eventually taken into custody with no further shots fired.

At Monday's Public Service Committee meeting, Chairwoman Shelly Stein commended Undersheriff Gregory Walker on the department's handling of the situation at the Log Cabin.

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"On behalf of the whole Legislature, I want to commend you, your department for keeping everyone safe, getting everyone home. It’s really a credit to the department."

Walker said after the meeting that Young remains on a paid leave of absence and it will be up to him to decide when he's ready to return to work. He is being provided support and assistance from the department.  

"He's doing as well as expected under the circumstances," Walker told the county legislators.

Progress being made in preparing for 2018 Batavia Muckdogs season

By Howard B. Owens

Bad weather is delaying the start of field repairs at Dwyer Stadium according to Muckdogs General Manager Dave Chase while other preparations for the 2018 New York Penn League season, which opens June 18, remains a work-in-progress.

There is a new phone number for the Muckdogs: (585) 483-DOGS (3647).

Today, new computers should arrive. Wi-Fi, with broadband from Empire Access, is working.

Ticket sales should begin around May 1.

Chase said staff has been working with Wilson Sporting Goods on new uniform jerseys (one red and one black).

Currently, field work is scheduled to begin Monday, provided there is a solid break in the weather, and should be completed in five to seven working days.

Three bridge projects for this summer moving forward

By Howard B. Owens

Resolutions to help advance three bridge projects scheduled for this summer were approved by the Public Service Committee of the County Legislature on Monday.

The project fund for replacement of the Searls Road Bridge over Spring Creek was increased by $16,500, with all but $825 of that coming from federal grant funds.

The money is necessary to acquire additional right-of-way on the roads leading up to the bridge.

The bridge will be widened from 22 feet to 30 feet -- the new federal standard -- but most of the additional right-of-way is needed during construction, County Highway Superintendent Tim Hens said.

Elba Farms has donated the land for the right of way on the west side of the road but the land on the east side is tied up in an estate and there is a Federal income tax lien on the property, so much of that additional $16,000 is going to a consult to help navigate the legal tangles.

The total cost of the Searls Road Bridge is $870,000, funded through federal grants.

The Pratt Road Bridge project over the Tonawanda Creek is also getting a budget bump of $13,300, all but $650 from federal grants, for right-of-way acquisition. Again, a consultant is needed to assist with the process. The total cost of the project is $2.082 million.

Three resolutions were passed in support of the project replacing the Stroh Road Bridge. Two of them accept a state grant of $100,000 in support of "multimodal" transportation (which means car, pedestrian, bike). The third resolution awards a $1.423 million construction contract to L.C. Whitford Co. Inc., of Wellsville.

The project is a complete replacement, including the stacked-stone abutments, put there in 1910.

Sheriff's Office investigating murder at Sunset Motel

By Howard B. Owens

A woman was found dead, apparently murdered, at 11:57 a.m. yesterday at the Sunset Model, 4056 W. Main Street Road, Batavia.

A medical examiner has determined the cause of death was "sharp force trauma to the carotid artery."

Yesterday morning a deputy responded to a report of an unresponsive woman in a room at the motel. Responding deputies determined she was dead and Coroner Jeffrey McIntyre responded to confirm her death.

The case has been ruled a homicide by the medical examiner. 

The woman has been identified by authorities but her name has not yet been released pending notification of family.

BHS football and track star headed to Division I UB

By Howard B. Owens

Anthony "Butchie" Ray, who starred in football and track and field over the past four years at Batavia High School, has accepted a scholarship offer from University at Buffalo.

UB is a Division 1 school so it's a chance to compete at the highest level in collegiate athletics.

"Getting a scholarship from a Division I school is amazing," Ray said. "I never dreamt of going to a Division I school." 

During his athletic career at BHS, Ray was a member of seven teams that won sectional titles and he won 10 individual sectional titles in track and field.

Six times he was named to a Greater All Rochester team in either football or track.

The Bulls recruited Ray to be part of the track team where he'll throw discus and shot put.

While Brockport isn't Division I, Ray could have played football there, so it was a tough decision, said Ray, who was part of three Section V title teams in football with the Blue Devils.

UB, he decided, was where he felt comfortable.

"I liked the school and the facilities," he said. "I liked the atmosphere. When I thought about it a second I thought, 'like, wow, a Division I school. That's crazy. I'll get to go where some of the greats go.' "

Photo: Track Coach Nick Burk, Ray, his father Tony Ray, in the front row. Back row, football Coach Brennan Briggs, Coach Dan Geiger, and Athletic Director Mike Bromley.

Law and Order: Duo accused of conspiracy in theft of gasoline

By Howard B. Owens

Amanda E. Havens, 36, of Munson Street, Le Roy, and Thomas Williamee (no further info released) are charged with petit larceny and conspiracy, 6th. Havens and Williamee are accused of stealing gasoline from Top's Friendly Market.

Anthony Charles D'Ambrosia, 38, of Mosley Road, Rochester, is charged with bail jumping. D'Ambrosia allegedly failed to appear for a scheduled court date in City Count. He turned himself in within 30 days of his scheduled appearance. He was jailed on $500 bail.

Minnie Marie Henry, 30, of Central Avenue, Batavia, was arrested on a warrant for alleged failure to meet sentencing requirements. He was arraigned and jailed.

Leroy Thornton III, 27, of Ashland Avenue, Niagara Falls, is charged with harassment, 2nd. Thornton allegedly threatened another person during a disturbance on Dellinger Avenue at 9:10 p.m. March 11.

John P. Henning, 56, of Batavia, is charged with criminal contempt. Henning was arrested by State Police on Monday. No further details released.

Minor injury accident on Route 98, Alexander

By Howard B. Owens

Alexander fire is on scene of a minor injury accident in the area of 10891 Alexander Road, Alexander.

One person is complaining of leg and hip pain.

UPDATE 11:21 a.m.: The first patient was transported to UMMC. A second ambulance from Attica requested for a sign-off patient.

UPDATE 11:47 a.m.: Alexander assignment back in service.

Accident with injuries reported on Lewiston Road, Batavia

By Howard B. Owens

A two-car accident with injuries is reported in the area of 7720 Lewiston Road, Batavia.

Town of Batavia fire and Mercy EMS responding.

The vehicles are blocking.  

Oakfield Fire Police requested to close southbound traffic.

UPDATE 8:04 a.m.: Roadway is reopened.

Law and Order: Rochester man caught in act of allegedly stealing scrap metal

By Howard B. Owens

James Benjamin Page, 38, of Edgeware Road, Rochester, is charged with petit larceny, aggravated unlicensed operation, driving without an ignition-interlock device. Page was allegedly found by Deputy Jeremy McClellan at 11:35 p.m. Saturday loading scrap metal from a local business into a vehicle without permission. He allegedly had possession of control of the vehicle at the time.

Mallard Akoma Newkirk, 25, of Lake Artesia Road, Faison, N.C., is charged with unlawful possession of marijuana. Newkirk was arrested after a report of the odor of marijuana coming from a hotel room at the Econo Lodge in Pembroke at midnight, Saturday.

Patricia Lynn Gertis, 57, of Mount View, Arcade, is charged petit larceny. Gertis is accused of shoplifting from Kohl's Department Store in Batavia.

Deborah Ann Scholonski, 48, of Griswold Road, Bergen, is charged with: DWI; driving with a BAC of .08 or greater; speeding; driving a vehicle without valid inspection; and insufficient tail lamps. Scholonski was stopped at 11:30 p.m. Friday on Route 33, Stafford, by Deputy Ryan DeLong.

Andres A. Arteaga, 20, of Batavia, is charged with DWI and driving with a BAC of .08 or greater. Arteaga was stopped at 1:53 a.m. Sunday on Route 98 in the Town of Batavia by State Police.

Buffalo-based 2nd Amendment attorney says gun-rights advocates should seek out allies

By Howard B. Owens

If gun owners are going to preserve their right keep and bear arms, they're going to do more than just complain about the progressive agenda to confiscate all firearms. So said Second Amendment Attorney Jim Ostrowski at a grassroots meeting of gun rights advocates at the Days Inn in Batavia today.

They're going to need to find allies.

Potential allies include those, he said, who think recreational drug possession should be legal.

"Guns are drugs are the same issue, if you think about it," said Ostrowski, a resident and political activist in Buffalo. "They're both private property."

He said there was a time in this country when there was no thought of restricting either guns or drugs but progressives wanted the power to control other people's lives.

Another potential ally, the #metoo movement. Women should naturally want the right to the self-protection a gun provides, he said.

"What does the government monopoly want a woman do when assaulted?" he said. "Call 9-1-1 where a criminal historian can record the assault."

Native Americans, given the history of government atrocities against them, should also be natural allies of gun rights advocates, he said.

Those whose ancestors were slaves, he said, should also be natural allies of gun rights advocates. He noted that recently progressive historical revisionists have said the only reason early America had militias was to guard against potential slave revolts. He said those who spread that as historical fact ignore the fact that militias existed where there wasn't slavery and that one reason slavery could even survive was that slaves were prohibited from owning firearms. The ancestors of slaves should be among the strongest allies for gun rights advocates, he said.

Among the chief reason to preserve the Second Amendment, Ostrowski said, is because progressives want to take guns away from citizens, which would make it easier for tyranny to take hold in this country.  

While the left wants to disarm citizens, they love a government with guns, he said.

"They love guns so much, they want to be the only one with guns," Ostrowski said.

Among his recommendations for activists is convince schools to start teaching students once again about the Second Amendment, its history and its meaning.

"They don't teach the Second Amendment in school," Ostrowski said. "That's crazy. That's why students are out protesting."

People shouldn't think, he said, the United States is necessarily immune from the potential of tyranny.

"Every race we know about has committed mass atrocities," Ostrowski said. "The whole of history is filled with examples of mass murder by the state. The Framers were well aware of this history, that only armed citizens can protect against tyranny. The Second Amendment works against tyranny. That's why the left so desperately wants the entire civilian population disarmed."

Photo: Mailbox ice mold in Batavia

By Howard B. Owens

Alyssa Wolford, of Colonial Boulevard in Batavia, submitted this photo of the perfect sheet of ice molded by her mailbox cover.

 

Photos: Young string players practice for performance May 6 with GSO

By Howard B. Owens

GSO Conductor S. Shade Zajac led a group of young musicians today in a string workshop at the First Presbyterian Church of Batavia.

The students will perform May 6 with the Genesee Symphony Orchestra at Elba Central School on Sibelus, "Andante Festivo." 

The program that day includes featured soloist Mimi Hwang on cello joining the orchestra for Elgar's "Concerto for Cello & Orchestra in E-minor."

The orchestra will also perform Wagner's "Siegfried's Death & Funeral March," Howard Hanson's "Symphony No. 2 'Romantic," and Holst's "St. Paul's Suite for String Orchestra."

The concert, "Romantic Masterpieces," begins at 4 p.m.

Tickets are available through geneseesymphony.com or GO Art!, Roxy's Music Store, YNGodess, and Smokin' Eagle BBQ  & Brew in Le Roy.

Batavia HS sweeps this year's Congressional Arts Awards for NY-27

By Howard B. Owens

Students from more than a dozen high schools in the NY-27 Congressional District entered the annual Congressional Art Show and when the top four winners were announced at GCC this morning, all four students came from Batavia High School.

Kiara Cherry won top honors and her work, "Out from Underneath," will be displayed in the Capitol Building for 12 months and she will travel to Washington, D.C., for the show's opening.

Rep. Chris Collins was on hand for the awards presentations after visiting with the students in the Roz Steiner Gallery and viewing their work.

Runner-up was Tara Clattenburg and honorable mentions went to Stephanie Hoy and Sophia Dinehart.

The art show judges see only the pictures. They don't know the artists' names or what schools they go to.

Kiara said her work is meant to reveal how people are different and everyone has a story.

The work didn't come together easily. First, she spent nearly three months working on it and as she neared completion she spilled "a ton" of India ink on it. Rather than give up on the project, she reimagined it, using pages from an old dictionary to help frame the painting of the two girls in the picture.

"I had completely different plans," Kiara said. "It was just unbelievable how everything changed, and so quickly, but it actually ended up better than my original conception."

Ask what lesson she learned from that process, she said, "Not to be cheesy or anything, but it’s like the Bob Ross quote, 'we don’t make mistakes, just happy accidents.' That was a happy accident because it paid off in the end."

Kiara wasn't surprised BHS swept the awards.

"At Batavia, everyone there is so amazing and they work so hard for what they do," she said. "We all encourage each other and Mrs. A (Mandi Antonucci) is an amazing art teacher."

Sophia Dinehart tells Collins about her painting, which is a portrait with bees and a honeycomb. She is showing, she said, how we all have ideas and thoughts always buzzing around in our heads.

Stephanie Hoy

Eva Jensen, Perry High School, with a painting of a national park in Utah, where she once lived.

Tara Clattenburg

Collins pushes for elimination of Canada's dairy tariffs and supports draft farm bill

By Howard B. Owens

Press release: 

Congressman Chris Collins (NY-27) today signed a letter that will be sent next week to U.S. Trade Representative Robert Lighthizer urging him to put an end to Canada’s Class 7 pricing program and dairy tariff walls during ongoing NAFTA negotiations. Canada’s pricing program has created an unfair playing field and has essentially eliminated U.S. exports of certain dairy products.
 
Collins also voiced support for provisions in the draft of the 2018 Farm Bill released on Thursday, which makes the voluntarily Margin Protection Program (MPP) more effective and more affordable. This program was passed into law in the 2014 Farm Bill and has provided milk producers and processors with critical protections as milk and feed prices fluctuate.
 
“It is an unfortunate reality that our dairy industry has taken a hard hit in recent years due to unfair trade practices with Canada,” Collins said. “Dairy has always been a vital industry in Western New York and I’ve been a staunch supporter of programs that will help our nation’s farmers get by during tough times. We must continue to make reforms that benefit the agriculture industry, in turn, strengthening and growing our nation’s economy.”
 
In the letter to Lighthizer, Collins stresses the urgency of tackling issues with Canada’s unfair trade practices. While the Trump Administration has condemned Canada’s actions on dairy trade over the past year, Collins emphasized the millions of workers with jobs tied to agriculture and the importance of the dairy industry in Western New York.
 
The proposed changes to the MPP include higher coverage levels, lower premiums, and providing more flexibility to farmers when it comes to the length of their coverage. Additionally, the draft proposes changing the name of the program to Dairy Risk Management Program (DRMP) for Dairy Producers and authorizes it through 2023.
 
Collins added: “Holding Canada accountable and demanding fair treatment needs to be top of mind as NAFTA negotiations continue. And as we work in Congress to pass a Farm Bill, we will make sure dairy farmers have the protections they need as we continue to survive in this unfair market.”

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