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Daniel Dioguardi was sentenced in Genesee County Court today to a prison term of two to four years on his conviction for third-degree burglary.

The Le Roy resident was arrested in May, 2015, in connection with a break-in on Columbia Avenue that resulted in the theft of some PlayStation4 games, which were traded in at a local game store. That helped police identify Dioguardi, Det. Eric Hill said, and Dioguardi was also known to the victim.

Dioguardi apologized to the people he hurt, his family, and the court "for taking up everybody's time."

He thanked Interim Judge Michael Pietruszka for giving him a shot a substance-abuse rehabilitation, which his attorney Jamie Welch said had gone well for Dioguardi.

Dioguardi said getting clean allowed him to reconnect with his family, especially his 4-year-old son, whom he called his "little angel."

The sentence was enhanced because Dioguardi has a prior felony conviction. He was on probation at the time of this arrest, and under terms of the plea deal, Pietruszka gave Dioguardi one-and-a-third to four years in prison, to be served concurrently with the prison term for burglary.

The Le Roy resident charged with murder in the shooting death of Norman Ball during the early morning of Dec. 1 has entered a not guilty by reason of mental disease or defect.

District Attorney Lawrence Friedman told Interim Judge Micheal Pietruszka that two psychologists examined defendant Kyle Johnson and both found that Johnson was not guilty by reason of mental disease or defect. One expert was hired by the defense and one by the prosecution, and if the case had gone to trial, both would have testified about Johnson's mental condition.

Johnson was facing an eight-count indictment that included charges of murder, burglary, arson and attempted murder.

After accepting Johnson's plea, Pietruszka ordered Johnson transferred to a state-run, secure mental health facility where he must undergo further evaluation to confirm the diagnoses.

If the case had gone to trial, Johnson would face multiple ranges of potential prison terms, including a max of 40 years to life.

UPDATE: The final version of the story can be found by clicking here.

A 55-year-old Byron resident can expect to spend 12 and a half years in state prison after entering a guilty plea to attempted murder today in Genesee County Court.

David O'Connor entered his plea on an Alford basis, which means he isn't admitting to the factual claim underlying the attempted murder charge, but that he would likely have been found guilty at trial.

According to District Attorney Lawrence Friedman, O'Connor denies that he was firing his rifle from the second floor of the Byron Hotel at Deputy Andrew Hale, attempting to kill him, on March 7. O'Connor maintains that he was aiming at the tires of the deputy's patrol vehicle.

The shot blew out the back windows of Hale's SUV.

The plea was part of an agreement that will cap O'Connor's prison term to 12 and a half years and avoids a trial.

Sentencing is scheduled for Aug. 30.

O'Connor made no statements in court today.

Previously:

• Single gunshot in Byron highlights the dangers of modern law enforcement
• Upgraded charge for man accused of firing on deputy
• Plea offer pending for man accused of firing at deputy

A reader found this dog wandering in the area of College Road near Bank Street at 10:30 p.m., Friday. They've looked for info on lost dogs and seen none reported in the area and there's been no such dog reported missing to the Animal Shelter, they said. "He's the sweetest dog." They will be giving the dog a temporary home hoping the owner will be found soon. If you think this dog is yours, please call 585-409-3383.

The National Federation of Republican Women are about to embark on a voter registration drive in swing states and the bus tour will stop in Batavia today.

Federation President Carrie Almond is expected at the stop along with federation officers, local elected officials and members of the Genesee County Women's Republican Club.

The purpose of the tour is to convince women in 11 swing states to register Republican and support the Republican's nominee for president, Donald Trump.

The event is at the Old Courthouse from 5:30 to 7:30 p.m. and the public is invited.

Shake on the Lake, Genesee Valley’s Shakespeare Festival, now in its fifth season, performed Saturday at Darien Lakes State Park, entertaining an audience with "Twelfth Night," co-produced by Arkansas Shakespeare Theatre.

The evening, which opened with plein air artists painting Darien Lakes landscapes, was sponsored by GO ART!

If you missed the performance, there are opportunities this week to see it in Attica and Silver Lake. For more information, visit the theater company's website.

A single-car accident with an individual complaining of neck pain is reported in the area of the Totem Pole on Ledge Road, Basom.

Alabama fire and Mercy EMS responding.

UPDATE 4:06 p.m.: Law enforcement requested to the scene. Alabama's responding units can stage in quarters.

UPDATE 4:10 p.m.: Mercy can go back in service. Patient is a sign-off.

Genesee County's unemployment rate remains at pre-recession levels, hitting 3.8 percent for the second month in a row, but there are still fewer people working locally than there were the last time it hit 3.8, in August 2007.

Then, according to NYS labor department statistics, there were 32,600 people with jobs in the county. In June 2016, the most current employment numbers, there were 29,700 people with jobs, a drop of more than 3,000 employed residents.

The labor force participation number has dropped over the same span from 33,900 to 30,800. The number in June 2015 was 31,200.

The labor force participation number reflects the total number of people either working or actively looking for employment. It does not include people who have stopped looking for work, nor does it include people who have voluntarily decided to retire (which as Baby Boomer age does account for at least some of decrease in workforce participation) or people who dropped out of the labor force because of disability.

From 2007 to 2015, Genesee County's population rose from 58,159 to 58,937.

The lowest number of employed local residents over the past 10 years was in January 2015, when 27,300 residents had jobs. The unemployment rate then was 6.8 percent.

Since 1990, the number of employed locally has hovered the range 27,000 and 31,000, and the labor force participation number has remained within a similar range.

These numbers reflect the job market for residents, as for the jobs currently filled within Genesee County, the June 2015 number is 24,000, which is exactly where it was a year ago for non-farm jobs.

It's been months and months of planning and work, but Jeff Price and Dawn Van Nostrand are ready to open their new coffee shop Monday morning at the corner of Seven Springs Road and Clinton Street Road.

Appropriately, it's called Corner Coffee.

Patrons will be able to enjoy coffee, smoothies and baked goods either to go or during a break in the sitting room, where they can connect to free Wi-Fi.

"We look forward to serving the public and enjoying the coffee," Price said.

As much as possible, what's served is from local sources, Price said. The baked goods come from Sweet Pea's and Harrington's. Sweet Peas is also making pints of homemade ice cream that will be available at Coffee Corner.

The location is next to Batavia Sign, a business owned by Price's brother-in-law.

Price and Van Nostrand said they liked the location because it's a good neighborhood, with good neighbors, close to Genesee Community College and on the route of many commuters heading to work in the Byron and Bergen area or to Rochester and Buffalo.

The following people were arrested by the Genesee County Sheriff’s Office during the G-Eazy concert at Darien Lake Performing Arts Center on Friday:

Colt D. Agnew, 19 of Potter Hill Road, Cattaraugus, is charged with criminal trespass 3rd and criminal possession of a forged Instrument, 2nd. Agnew allegedly entered Darien Lake after being told to leave and was found in possession of a fraudulent Maryland license. Agnew was arraigned in Darien Court and put in jail in lieu of $10,000 bail.

(name redacted upon request), 20, of Old Goodrich Road, Clarence, is charged with second-degree harassment and resisting arrest. xxx allegedly swung his fist at a deputy and then resisted arrest. xxxx was arraigned in Darien Court and put in jail in lieu of $1,000 bail.

A 17-year-old of Thorn Berry Way, Conyers, Ga., is charged with disorderly conduct after allegedly urinating on a vehicle.

Bryce R. Tarbox, 20, of Route 417, Alleghany, is charged with third-degree criminal trespass and criminal possession of stolen property, 5th, after allegedly possessing a stolen Live Nation cleaning shirt and entering the concert venue without a ticket.

A 16-year-old of Ridge Meadows Drive, Spencerport, is charged with criminal trespass, 3rd, after allegedly entering the concert venue after being ejected and told not to return.

Evan J. Vershay, 21, is charged with forcible touching after allegedly grabbing a female's private parts.

The following subjects were charged with unlawful possession of marijuana:

A 17-year-old of Main Street, Williamsville

Joshua P. Butry, 24, of 81st Street, Niagara Falls

Shane N. Barrett, 25, of Hickory Street, Whitney
Casey R. George, 19, of Hagen Avenue, North Tonawanda
Alexis N. Malta, 18, of Tinker Tavern Road, Webster
Luke G. Simons, 18, of Country Meadow, Hilton
Melanie M. O’Malley, 20, of Foxwood Lane, Williamsville
Andrew J. Stone, 21, of Evans Street, Lockport
Zachary T. Fronckowiak, 18, of Westover Street, Yorkshire

Two people were seriously hurt early this morning in an accident on Route 5 in Stafford.

Steven N. Cook, 33, was taken by Mercy Flight to Strong Memorial Hospital with extensive injuries, according the Sheriff's Office. 

Shannon M. McGill, 28, was taken to Strong by Mercy EMS with upper body injuries.

The accident was reported at 2:07 a.m.

The cause or circumstances of the accident were not released. Only one vehicle was reportedly involved.

Assisting at the scene were volunteers from the Stafford and Town of Batavia fire departments.

Charges are pending. 

The investigation is being conducted by Deputy Eric Meyer.

There's a report of a car hitting a pole on West Main Street, Le Roy, in front of Scooter's Restuarant.

Wires are down and there's a report of power out in the area.

The occupants are out of the vehicle, but there are wires on the vehicle.

Le Roy fire and Le Roy ambulance responding.

Because choke, pinch and prong dog collars really don't help improve a dog's behavior, and can actually make bad behavior worse, Tori Ganino, owner of Calling All Dogs, 56 Harvester Ave., Batavia, is offering a discount on training to owners who leave those collars with her so they can be destroyed.

Leave one of those types of collars and get $12 off a group class or $12 off an in-home training visit, or leave an electric collar and get $15 off.

"These collars create all kinds of negative associations and don't help build a relationship with your dog," Ganino said. "They create bad associations, so if a person is walking by and a dog is already a little bit nervous and then they see the person and they get pinched or they get choked, that just validated the feelings that the person is bad because they got hurt when they saw the person. It can make behaviors worse."

If a dog learns that pain will be associated with pre-bite warnings, such as barking or lunging, the dogs will learn to suppress those warnings and instead just bite, Ganino said, which makes them very hard to work with later when tryng to unlearn that behavior. 

And even in a good-natured dog, the pain hurts the dog's relationship with its owner, she said, because they see the owner as the one inflicting the pain. 

Ganino wants owner to bring punishment collars in and learn the kind of behavioral techniques, build around rewards and learning alternative behaviors, for the sake of the dogs, the owners and anyone they might encounter.

"I want to be able to show people is that they can change their dog's emotional response so things are not nearly so scary," Ganino said.

The phone number for Calling All Dogs is (585) 455-5387.

NOTE: Rocky update: Tori helped us a lot with Rocky and we continue to work with him.  His behavior has improved; he's lost a lot of his fear and demonstrates a lot more happy and loving behavior. 

Last night, a homegrown youth theater troupe in Alexander performed a special production of the "Wizard of Oz" before dozens of invited guests.

This 25-page adaptation of the famous story was based on a script by 13-year-old Naomi LaDuke, who based her version on a musical performed at Shea's, on silent films, the movie and the book.

These pictures are from the rehearsal Wednesday at the treehouse on Church Street where the actual performance took place.

Naomi also cast the players, designed and sewed Dorothy's costume and created the scenery and props. The musical accompaniment was played by David Lange, the organist at St. James Episcopal Church, which Naomi recorded using Apple's software, Garage Band.

This is the fourth annual production by the kids, under the name of their theater, Open Door Productions.  

There was no admission fee for guests last night, but they were asked to make a donation at the door benefiting Brittany's Hope, a nonprofit in Pennsylvania that assists in international adoptions. The evening's theme was "There's no place like home."

"The kids are hoping to raise money and awareness to bring another child home to their forever family," said Naomi's mother, Karen Laduke. "Two of the actresses are internationally adopted themselves, so this is a theme that hits close to home."

Leigh LeFevre, pictured above, played Dorothy.

Naomi, besides being the writer, director, set and costume designer, also played the Wizard.

The rest of the cast: Lillian McClellan, Sally LaDuke, Jennmarie Schiller, Mya Hardie, Margarite LaDuke, Samual LaFevre, Kylee McClellan, Kathryn McClellan, Katelyn Hardie and Lucy LeFevre.

The annual giant yard sale put on by Crossroads House opened yesterday and continues today and tomorrow. The location is on School Street, between Liberty and Swan.

Students participating in the History Heroes summer program at the Holland Land Office Museum organized and hosted their own penny carnival today.

Crews with Blue Heron Construction set a manhole today at Washington Avenue and State Street, park of the sewer reconstruction project this summer along Washington Avenue.

The area around Jefferson Avenue, Washington and State has been closed for a few weeks, but the project is getting closer to the finish line, said Matt Worth, director of Public Works.

Here's what Worth told us in an email:

They expect to be through the intersection tomorrow (State/Washington will open back up) and then the bypass pumping should no longer be required. Next week an additional crew is expected and it is anticipated that the new water and sewer services to the houses between Jefferson and State Street will be connected along with the unexpected water main work that is required on Jefferson Avenue.

If all goes well, everything west of State Street would then be back open (or very close) to traffic by the end of next week. This would leave construction between State and Bank and the storm sewer crossing on State Street to up near Park Avenue and final milling and paving (Ellicott Avenue to Ross Street) left to complete, with completion of the project before school is back in session.

Press release:

Officials at Batavia Downs Gaming were forced to cancel live racing on Sunday July 31 due to the lack of entries.

The Old Fashion Day celebration scheduled for July 31 has been rescheduled to Sunday Aug. 7.

Live racing at America’s oldest lighted harness track will continue as scheduled this Friday and Saturday night with a 6:15  first race post time.

“We regret to have to cancel Sunday’s program,” Todd Haight, director/GM of Live Racing, said, “but there is currently a horse shortage in Western New York and while every effort was made by our racing department to fill Sunday’s program, those efforts proved unsuccessful."

James Pontillo is doing some restoration work on one of properties, in this case, on Swan Street, and he dug up this slab of stamped concrete inscribed for J. McBride.

Pontillo thinks this was a marker for John McBride, a contractor or engineer in the area in the late 19th and early 20th centuries, and that the house on South Swan was once his residence.

The house was built in the 1880s or 1890s, Pontillo thinks.

There was a John McBride from Batavia born in 1862 who died in 1937. Online records indicate, though not conclusively, his sons were John McBride, born in 1892, and a Robert McBride, born in 1882. This McBride family does not appear to be related to the family that ran McBride Steel Plate Construction Company in Batavia for many decades, and whose patriarch was an immigrant from Ireland.

Pontillo also uncovered the remains of a granite hitching post.

He isn't quite sure what to do with this piece.He isn't sure if one of the historical agencies would be interested in it.

(Submitted photo.) Pictured are students in grades three through eight who participated last week in the Batavia Jr. Blue Devils Summer Basketball Camp.