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In addition to the murder, burglary and arson charges Kyle G. Johnson is facing following his arrest Dec. 1 in the shooting death on Selden Road, Le Roy, of Norman D. "Don" Ball, the defendant has been indicted by the Grand Jury on two counts of attempted murder.

Johnson is accused of attmepting to kill Le Roy Police Officer Ryan Young and Le Roy Fire Chief Tim Hogle when they arrived at his residence on Selden Road for the report of a house fire at 4:15 a.m.

Johnson, who is being held in the Genesee County Jail without bail, was originally arrested on a charge of reckless endangerment for allegedly firing his shotgun at the two men.

The eight-count indictment against Johnson begins with the murder in the second degree counts for the shooting death of Ball. Johnson allegedly entered Ball's home through an unlocked back door at 3:350 a.m., Dec. 1, went into his bedroom and shot Ball in the head while he slept. 

Johnson then allegedly returned to his residence and set his house on fire.

The counts against Johnson are:

• Murder in the second degree, a Class A-1 violent felony, for the alleged murder of Ball;
• Murder in the second degree, a Class A-1 violent felony, for allegedly entering Ball's house (burglary) and shooting him; 
• Arson in the third degree, a Class C felony, for allegedly starting a fire at 7324 Seldon Road;
• Burglary in the first degree, a Class B felony, for allegedly entering 7421 Selden Road, the home of Ball, with the intent to cause physical injury to another person;
• Burglary in the first degree, a Class B felony, for allegedly entering the residence of Ball with the intent to use a dangerous instrument;
• Attempted aggravated murder, a Class A-2 felony, for allegedly intending to cause the death of another person, to wit, officer Ryan Young, while knowing or should have reasonably known, Young was a police officer;
• Attempted aggravated murder, a Class A-2 felony, for allegedly intending to cause the death of another person, to wit, Timothy Hogle, while knowing or should have reasonably known Hogle was a first responder responding to an emergency call.

For previous coverage, click here.

Also indicted by this Grand Jury:

Marcus C. Kazmierczak, is indicted on counts of felony DWI and felony driving with a BAC of .08 or greater. Kazmierczak is accused of driving drunk July 11, in the Town of Darien, while having a prior DWI conviction within the previous 10 years.

One vehicle's alleged failure to yield to another led to a three-vehicle collision that included a school bus yesterday afternoon at the intersection of R. Stephen Hawley Drive and Med Tech Drive.

One person suffered a minor injury and was transported to an area hospital.

Cited was Tasha L. Wiltberger, 25, of Buell Street, Batavia. She was also the person injured in the crash.

Wiltberger reportedly stopped at a stop sign facing north from Med Tech Drive while a car driven by Joshua E. McKinsey, 23, of Prestige Crossing, Batavia, was on Hawley Drive.

Wittberger allegedly pulled out in front of McKinsey's vehicle. The two vehicles collided and McKinsey's vehicle then struck a school bus that was stopped at the stop sign on College Road.  

There were a bus driver and eight students, ages 15 to 18, on the school bus.

The accident was reported at 1:06 p.m.

The accident was investigated by Deputy Rachel Diehl.

Jose Maria Agustin, 41, of Oak Orchard Road, Elba, is charged with criminal possession of a forged instrument, 2nd, and sex offender failure to notify change of address to another state within 10 days. Agustin was arrested following a raid at 6274 Oak Orchard Road, Elba, by members of the Sheriff's Office and Homeland Security. Agustin was found in possession of two allegedly forged instruments and he allegedly failed to notify the Department of Criminal Justice Services of his change of address from another state. He was jailed without bail.

James Cameron Lonergan, 38, of Pries Avenue, Buffalo, is charged with moving from lane unsafely, leaving the scene of a property damage accident, DWI, and driving with a BAC of .08 or greater. Lonergan was allegedly driving drunk when involved in a property damage accident at 12:38 a.m. Tuesday on West Main Street Road, Batavia. The accident was investigated by Deputy Andrew Hale.

What started out as a daily special has become a daily staple at Settler's Restaurant -- Mac and Cheese.

"We'd see it around other places and thought we would give it a try," said John Spyropoulos. "People love mac and cheese these days. It's kind of a fad. We tried it and people loved it."

The eight-item special mac and cheese menu will be incorporated into the restaurant's regular menu next month, Spyropoulos said. 

"We're already known for our homemade soups and our Greek salads, so if this becomes one more thing we're known for, that's good," Spyropoulos said.

The choices on the menu are:

• Homemade Mac and Cheese
• Buffalo Chicken Mac and Cheese
• Philly Steak Mac and Cheese
• Tomato and Bacon Mac and Cheese
• All-American Mac and Cheese
• Broccoli Mac and Cheese
• Hot Dog Mac and Cheese
• Stinger Mac and Cheese

Settler's regulars might detect a theme to the menu -- the options match many of the recipes on the restaurant's sandwich menu.

John's wife, Miranda, created the cheese sauce (milk, cheddar and American cheese, white pepper and garlic powder), but what really tops off the huge bowl of elbow noodles is the Ritz-cracker crumb topping.

"Now we have to make cheese sauce all the time," Miranda said. "We’re going through gallons and gallons of milk and butter."

Press release:

Byron-Bergen Central School District continues to value that our most important priority is keeping our students and staff safe,” said District Superintendent Casey Kosiorek. To that end, the District has added the New York State Sheriff’s Association (NYSSA) Rapid Responder® Program to their crisis management and emergency preparedness plans.

The new program uses cutting-edge technology to give school personnel and all first responders immediate access to emergency response information, enabling clear communication and quick, coordinated action. 

Rapid Responder is an all-hazards site-based crisis management system that is used in schools nationwide and Canada. The system brings school officials and first responders from diverse agencies together on a single digital platform, giving everyone instant access to site-specific emergency response information, including floor plans, aerial views, hazardous material locations, utility shut-off information, evacuation plans, and live camera feeds.

Byron-Bergen CSD Director of Facilities Michael List said, “We are expanding the dialogue between the District and responders from local law enforcement, fire and medical departments. We have already found areas for improvement that will enable responders to better handle many emergency scenarios in our schools. The new Rapid Responder system helps make that possible.”

List added, “We recently completed detailed site visits and are now reviewing all the data. The next step in implementation will be training and drills with local responders based on different emergency and daily security situations to test all portions of the system.”

Implementation of the Rapid Responder Program is part of the District’s solid commitment to safety and security in the schools. Current security for the District includes a comprehensive visitor management system, Raptor®, in all three schools and the District Office, which is used for visitor background checks, as well as for generating ID badges. A large security camera system oversees buildings and grounds, and will now be tied into Rapid Responder using their capability to integrate IP-based cameras. The District also recently welcomed School Resource Officer Matt Butler to the staff.  

“In a world of seemingly increased violent incidents, we are proud to put an additional measure in place to ensure everyone’s safety,” Kosiorek said. “I want to thank our team — Mike List, Transportation coordinator Drew Doll, School Business official William Snyder, the building principals, and Deputy Butler for all their work with the overall safety of the organization, and most recently with the implementation of the NYSSA Rapid Responder Program.”

Rapid Responder (http://www.preparedresponse.com/New-York-Sheriffs-Rapid-Responder-Program.html) is currently deployed in over 16,000 facilities nationwide and is SAFETY Act Certified by the U.S. Department of Homeland Security.

Caption: The administrative team at Byron-Bergen CSD begins work on implementation of the new Rapid Responder system. Standing (l-r) Jr./Sr. High School Interim Principal Patrick McGee, Superintendent Casey Kosiorek, and Elementary School Principal Brian Meister. Sitting (l-r) Transportation Director Drew Doll, School Resource Officer Matt Butler, and Director of Facilities Mike List.

After making runs at sectional titles each of the past four years, the three girls who helped make those teams contenders -- Tiara Filbert, Sam Cecere and Maddie McCulley -- are all seniors, and if they are going to turn 2015-16 into a championship season, Head Coach Marty Hein knows they can't turn it alone.

That's where sisters Taylor Stefaniak, a sophomore, and Ryann Stefanik, a freshman, come in. They're young for starters, but Taylor brings confidence and maturity gleaned from half-season as a starter last year, and Ryann is simply fearless.

"The seniors have those girls' backs," Hein said. "We know that if we want to make a deep run this year that those two sisters are a big key to it."

The Lady Devils are 2-1 on the young season after a 56-36 win over Brighton at home Tuesday night. McCulley led the way with 17 points, including sinking a trio of threes, Cecere had 15 and Filbert scored 14. Ryann Stefaniak added eight.

Any championship trail probably runs through Mendon, and it was in Mendon that Batavia suffered its lone defeat last year 50-63. There, Hein said, the team showed it still has some work to do coming together as a unit.

Ryann's youth showed a bit, he said, but that's no different than what it was for Taylor early last year and McCulley when she was a freshman.  

"It's a building process, so hopefully we'll get in the right spot by the end of the year," Hein said.

Ryann won a starting job coming out of preseason because that fearlessness is what enables her to compete at this level.

"That's why she's here," Hein said. "She's a ninth-grader. She can handle the ball. She can shoot the ball. She's not afraid to go up, so this was a huge game for her to bounce back from the Mendon game."

Still, what makes this team is that very special trio of seniors, whom Hein has coached since they were young girls. Even at this point of the year, Hein admits to getting a little misty-eyed realizing this is the last run he'll have with Filbert, Cecere and McCulley.

"I've had them for so many games through summer, spring, the regular season, the whole cohesiveness between them and the rest of the girls, they're the glue," Hein said. "They hold it all together."

Filbert plays at a whole other level, with skill and basketball IQ to create scoring opportunities and disrupt the offensive flow of opponents, and as Hein noted, "she's a highlight reel at any given point."

Filbert, Cecere, McCulley and the two Stefanik sisters -- five girls in Batavia who are likely to make the 2015-16 pretty entertaining.

The next play at home at 7 p.m. tomorrow.

In photos: Ryan, #3; Filbert, #22; Taylor #23; Cecere, #30; McCulley, #42.

To purchase prints of photos, click here.

Press release:

The third-annual Reading Celebration at Byron-Bergen Elementary School got off to rollicking start with a farmyard-themed event on Nov. 20. Students were in the mood, wearing straw cowboy hats, overalls, and bandannas. Teachers dressed as cows, pigs, and singing farmhands hit the stage to build excitement for the challenge ahead: reading 25,000 books (almost 50 per student) before the end of the school year.

Students have consistently surpassed their reading goals since the challenge began in 2013; last year beating their target of 20,000 books by almost 4,000.

“Reading really is fun. We want kids to enjoy it and develop the reading habit now while they are young,” said Principal Brian Meister. “The motivation this year is the promise of a very special farm-themed reward in June. We’ll make all their hard work pay off in an event to remember.”

The assembly kicked off with Byron-Bergen parent Alyson Tardy, her backup teacher/singers and the student population singing and dancing to “Read a Book” — a special version of Taylor Swift’s song “Shake It Off.” Then Assistant Principal Amanda Cook played the starring role in a skit based on “Little Pig Joins the Band,” a favorite children’s book by David Hyde Costello.

Things got even more boisterous with an enthusiastic gameshow version of Pictionary, with students trying to guess which favorite books were being represented by teacher-drawn pictures. The festive atmosphere continued with a colorful quartet of Book Fairies (more enthusiastic teachers) who awarded a free book to one child from each class. 

Top photo: Reading is fun at Byron-Bergen Elementary School and a new book makes the day complete for student Mace Tyson.

Byron-Bergen Elementary School teachers perform “Read a Book,” with a little help from the audience of young readers. 

Assistant Principal Amanda Cook puts on a pig nose to lead the band and advance the celebration of reading at Byron-Bergen Elementary.

The Byron-Bergen Book Fairies made sure that outstanding representatives from each class got their very own new book.

Byron-Bergen student Gianni Ferrara is already well on the way to making sure the goal of reading 25,000 books is reached.

H.E. Turner & Co., along with Bohm-Calarco-Smith and Burdett & Sanford, held their annual candlelight rememberance service at Northgate Free Methodist Church in Batavia on Monday evening.

A 58-year-old Warsaw resident is accused of leaving a cross in the lawn of a house in Le Roy with the message "RIP" written on it as part of an ongoing pattern of unwanted contact with the person who lives there.

Lawrence D. Liles, of 4400 Sage Road, Warsaw, is accused of "intentionally and for no legitimate purpose engaging in a course of conduct directed at the victim(s) while knowing or reasonably should have known that such conduct would cause material harm to the mental or emotional health of the victims and where the conduct constituted following, telephoning or initiating communication or contact with the victim(s), their family or third party."

He is charged with stalking, 4th.

The alleged conduct began around April 18 and continued until the cross incident at 6:30 a.m., Dec. 1.

He was arrested by Le Roy PD, arraigned in Le Roy Town Court and jailed on $500 bail.

Emily J. Walker, 22, of North Lyon Street, Batavia, is charged with criminal possession of a forged instrument, 3rd. Walker allegedly presented a forged doctor's note to a former employer on Nov. 20.

Thomas O. Hart, 64, of Grafton Street, Rochester, is charged with DWI and failure to stop at stop sign. Hart was involved in a single-car accident at 6:39 p.m., Saturday, on West Sweden Road, Bergen. The accident was investigated by Deputy Chad Minuto.

Joseph R. Dux, 27, of Linwood Road, Le Roy, is charged with DWI, driving with a BAC of .18 or greater and failure to keep right. Dux was stopped by Le Roy PD on Wolcott Road at 1:40 a.m., Friday.

Nathen Edward Donald Brege, 23, of South Main Street, Batavia, was arrested on a warrant for alleged failure to appear on an aggravated unlicensed operation charge.

Heather M. Ace, 24, of State Street Road, Batavia, was arrested for alleged failure to appear and aggravated unlicensed operation.

Timothy J. Corke II, 28, of Liberty Street, Batavia, is charged with petit larceny. Corke is accused of shoplifting at Tops market.

Dustin V. Gothard, 27, of Wolcottsville Road, Akron, was arrested on a warrant. Gothard was located by State Police in Lockport and arrested on a warrant out of City Court stemming from an alleged incident in December 2014. Gothard posted $100 cash bail and was released.

Richard Levins, 58, of Walnut Street, Batavia, is charged with deteriorated roof covering. Levins turned himself on a warrant, posted bail and was released.

Ian C. Lawlis, 35, of Central Avenue, was arrested on a warrant stemming from an overnight parking charge. Lawlis posted $100 bail and was released.

James A. Hancock, 46, of Dellinger Avenue, Batavia, is charged with robbery, 2nd, grand larceny, 4th, strangulation, 2nd, aggravated criminal contempt and assault, 3rd. The charged stem from an alleged domestic incident Dec. 1. Hancock was arrested on a warrant at an address on Lewiston Road by officers from Batavia PD and deputies from the Sheriff's Office. He was jailed without bail.

Bethani M. Dibble, 23, of Prospect Avenue, Batavia, is charged with attempted petit larceny. Dibble was arrested after an investigation into a shoplifting complaint at Tops market.

Marlek E. Holmes, 41, no permenant address, is charged with harassment, 2nd, endangering the welfare of a child, and failure to report address change. Holmes was arrested on Dec. 2 on charges stemming from an alleged incident Nov. 8 on Central Avenue. Holmes was spotted on Wood Street by a resident who contacted police. Holmes was located inside a residence with the assistance of Deputy Chris Erion and K-9 Destro and was taken into custody without incident. He was jailed without bail.

Rylie A. Day, 25, of Wyndham Road, Rochester, was arrested on a warrant for alleged failure to appear. Day was charged with aggravated unlicensed operation on May 29.

John C. Orlowski, 18, of Lake Street, Le Roy, is charged with unlawful possession of marijuana. Batavia PD responded to a residence on Spruce Street at 6:26 p.m., Wednesday, on an unrelated investigation. Orlowski was allegedly found in possession of marijuana.

Ronald L. Worthington, 45, of Buell Street, Batavia, was arrested on a warrant. He turned himself in and was released on $100 bail.

Elizabeth A. Hicks, 32, of Read Road, Batavia, is charged with possession of a hypodermic instrument. Hicks was allegedly found in possession of a hypodermic instrument during an arrest on an unrelated charge.

Jason P. Wickson, 34, of Walnut Street, Batavia, is charged with criminal possession of a weapon, 3rd, criminal contempt, 2nd, aggravated family offense and criminal mischief, 4th. Wickson was allegedly involved in a domestic incident at 7:59 p.m., Wednesday, on Cedar Street, Batavia. Wickson was jailed without bail.

The Elba Betterment Committee hosted its annual Christmas Tree Lighting celebration last night in the village park.

Photos submitted by Kimberly Ball.

A motor-vehicle accident is reported at 1770 Indian Falls Road. 

East Pembroke fire and Mercy EMS responding. 

UPDATE 7:51 a.m.: This was originally reported as minor injury, but a crew is requested to assemble to set up a possible landing zone for Mercy Flight. 

UPDATE 8 a.m.: Mercy Flight not required. 

Norman D. "Don" Ball, a Vietnam Veteran who was shot and killed early Tuesday morning while he slept in his bed, was buried in the cemetery in Stafford today following a service at the Falcone Funeral Home in Le Roy.

Ball's neighbor on Selden Road, Le Roy, Kyle Johnson, is being held on a charge of second-degree murder.

Johnson is also charged with arson for allegedly setting his own house on fire shortly after the shooting, at 3:50 a.m., and with reckless endangerment for allegedly firing at firefighters and a police officer when they arrived at the blaze.

For previous coverage, click here.

Press release:

The Batavia Police Department is investigating a telemarketing scam where an “Officer” claiming to be a member of a Police Department in the Dominican Republic has your relative (actual relative name used) in custody. The “Officer” explains your relative is in trouble and needs court costs, legal fees, fines and hospital bills paid, before they are released from a Dominican Republic Jail or allowed to leave the country. The “Officer” then has your inconsolable “relative” placed on the phone to beg for your assistance. The “Officer” advises the only way they accept payment for the debt is with iTunes Gift Cards over the phone.

The Batavia Police Department would like to remind the community during this holiday season to be mindful of this or similar telemarketing scams. Anyone who suspects they have been contacted by this or similar “Officers” are encouraged to file a report at www.IC3.gov or contact the NYS Attorney General’s Office to make a report.

Yunn-Shan Ma will conduct the Genesee Symphony Orchestra at 4 p.m., Sunday, through a program that includes holiday music and performances by the Oakfield-Alabama School Chorus, directed by Danielle Mileham, and Lars Kirvan on cello.

The program includes Leonard Bernstein's Candide Overture, Dvorak's Silent Woods, Hayden's Cello Concerto No. 1, Rimsky-Korsakov's Selections from the Snow Maiden Suite and the Polar Express Suite, among other numbers.

Ma is one of four guest conductors this season under consideration for a permanent position as conductor of the GSO.

Tickets are $15 for adults, $7 for students, $10 for seniors and family packages are available for $35. Tickets can be purchased at the door or at GeneseeSymphony.com.

To purchase prints, click here.

The membership of the Le Roy Volunteer Fire Department elected Tim Hogle as the department's new chief in a vote Thursday evening.

Hogle has moved up the ranks incrementally over the past several years from lieutenant, to captain and through the chief ranks, most recently serving as first assistant, to become chief.

"It's been a lot of hard work, a lot of training, a lot of state classes, a lot of man hours here at the fire hall and in fire service," said Hogle (pictured, left). 

He said becoming chief is a chance "to give back to the community, lead the guys and follow in the right path of the chiefs before me. "

Tom Wood, on the right, who has one prior term as chief, said the membership supported Hogle for the position because of his hard work.

"I think he's done a pretty good job throughout his career and as assistant chief and as an upcoming officer as a captain and lieutenant," Wood said.

Residents gathered in Austin Park this evening for an aerial photo of them forming the number 100 on the ground while they held flashlights. The photo was arranged by the Centennial Committee to help wrap up a year marking the 100th anniversary of Batavia's incorporation as a city. The photo was taken with the assistance of City fire, using the department's ladder truck.

We'll have more photos from Christmas in the City later.

A court appearance for Kyle Johnson, charged with murder in the death of Le Roy resident Norman D. "Don" Ball, has been postponed until January, at the request of his defense attorney.

Johnson was scheduled to appear in Town of Le Roy Court at 2 p.m.

Johnson is accused of entering the residence of Ball at 3:50 a.m., Tuesday, and shooting Ball in the head with a 12-gauge shotgun while Ball slept. Johnson then allegedly walked back to his own house on Selden Road and set it on fire. He allegedly shot at firefighters and a police officer when they arrived on scene at the fire at 4:15 a.m.

There was then a four-hour standoff with local law enforcement before Johnson surrendered.

He is charged with murder in the second degree, arson and reckless endangerment.

For prior coverage, click here.

The current Zoning Board of Appeals in Le Roy will conduct a hearing on an application by Frostridge Campground for live music concerts by Dec. 18, Interim Supreme Court Judge Mark Grisanti ruled this morning, and any further interference by the Town of Le Roy board will constitute contempt of court.

Almost as soon as the case was called and the five attorneys from the two opposing camps were standing at their tables, Grisanti expressed dismay that even though Judge Robert C. Noonan ordered such a hearing seven months ago it still hasn't taken place.

Reid Whiting, attorney for the Town of Le Roy, blamed Frostridge and the ZBA for the delay.

"Frostridge has been sitting on its hands for seven months and for some reason the ZBA did not give proper public notice," Whiting said.

David Roach, attorney for Frostridge, clearly couldn't believe what he was hearing.

The delay was certainly the fault of the town board, Roach said, first by firing the original ZBA attorney, throwing the process into confusion, then by rewriting the ZBA's public notice so that it no longer reflected the true nature of the hearing.

"We come here with clean hands," Roach said.

After months of delay, there was an election in November, and Supervisor Steve Barbeau retained his seat. At its first meeting after the election, the town board decided to end its inter-municipal agreement with the Village of Le Roy for a joint ZBA and scheduled a public hearing to disband the ZBA and appoint a new, town-only zoning board.

Grisanti ordered the town not to conduct that meeting as scheduled Dec. 10.

"I know what's going to happen (if they meet)," Grisanti said. "I can see the town putting up some other kind of roadblock."

Grisanti also ordered Jeff Steinbrenner, who is the code enforcement officer, but also ZBA's secretary, to help ensure the notice of the meeting is sent out properly.

In the notice originally drafted by the ZBA, the notice said the hearing would be about whether live music concerts constituted an allowable non-conforming use. Somebody with the town changed the language of the notice to say the hearing was about "permissible use," which after court today, Roach explained, are diametrically opposite issues.

Frostridge has always maintained that under the code as it exists, operating a concert venue is not a permissible use, which is why they are seeking a variance as a prior (meaning similar activity took place before the current zoning law was passed) non-conforming use.

The current ZBA previously determined the concerts were a prior non-conforming use, but Noonan ruled the meeting where that decision took place was conducted without proper public notice, which is why he ordered a new public meeting.

That failure of proper public notice is one reason the current board needs to be disbanded, Whiting argued in court. The board failed to do its job properly.

He argued, also, that the issue isn't whether the concerts are a prior non-conforming use, but whether they are permissible.

Roach countered that Whiting was getting into the merits of the issue, which is a matter for the ZBA to decide and not a subject of the motions being considered by Grisanti.

David and Greg Luetticke-Archbell have owned Frostridge since 2008 and began holding concerts in the campground's natural amphitheater in 2012. The campground has been known by various names since 1957 and was once a popular local skiing location. Prior owners, and before the current zoning law making the area Residential/Agriculture, reportedly had both live music and amplified recorded music.

More than a year ago, neighboring families, the Cleeres and Collins, both related to the original campground owners, filed a lawsuit in parallel with the Town of Le Roy alleging impermissible and uncorrected violations of the zoning laws, both in the composition of the campground and the series of live music concerts hosted there.

After the hearing, Roach said one issue Grisanti didn't get into that he wished had come out was the claim by the town that the town is facing budget constraints and the ZBA is running up costs by hiring outside counsel (James Wujcik represents the ZBA now).

“If you’ve got a budget problem, town, don’t sue my client," Roach said. "You already have the Cleeres suing my client for you. They filed a town law 268 action. They stepped into the shoes of the town to enforce the zoning code. The town, filing its own lawsuit, is merely redundant and it is a monumental waste of taxpayers’ money.”

For prior coverage, click here.