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Photos: Le Roy residents pitch in to clean up Main Street

By Howard B. Owens

Le Roy Main Street Revitalization hosted a village clean-up this afternoon with residents, including students, pitching in to pull weeds and pick up garbage.

Above, Carly, Contado and Jack pull weeds from a garden bed along Main Street.

Candy Bower and Jennifer Keys cleaning the brick alleyway off Main Street.

For more information about Le Roy Main Street Revitalization, visit the group's Facebook page.

Egeli poised to capture titles at state track meet

By Howard B. Owens

Batavia High School track star Alex Egeli stopped in to see his chiropractor, Tom Mazurkiewicz, today before heading off to the state championships in Syracuse.

Egeli is ranked the number one runner in the state in the 400 meter hurdles and 110 meter hurdles. He's the first BHS track team member to qualify in four state events (those two, plus 100-yard dash and he's a member of one of the relay teams).

Mazurkiewicz will be at the state championship as well, working as a chiropractor.

Chiropractic care is being increasingly recognized as important by athletes, Mazurkiewicz said, because joint restriction and muscle imbalance can impede performance and increase the chance of injury. It's become a part of the training routine for NFL and Olympic athletes, he said.

Egeli will attend Freedonia next year and then maybe move up to a Division I university.

Photos: St. Joe's Lawn Fete is this weekend

By Howard B. Owens

Many carnival rides are in place and workers are busy making other preparations for the annual St. Joe's Lawn Fete this weekend in Batavia.

'Impeach Obama' booth on West Main draws supporters and code enforcement

By Howard B. Owens

Two men from New Jersey stopped in Batavia today to gather signatures from people who agree with their "Impeach Obama" message. They were also gathering signatures on a petition to reinstate the Glass-Steagall Act.

Art Murphy and Chris Sare, from Bogota, N.J., said their goal is to visit every congressional district. They've been to Florida, Texas, California, among other places.

There were set up on West Main Street near the eastern entrance to the Tops parking lot.

The funding for their travels comes primarily from the LaRouche PAC.

Quite a few people stopped to sign the petitions.

They also got a visit from Batavia PD and the city's code enforcement officer.

City code prohibits any kind of sign in parkways. If it's planted in the ground, no matter what the message, it's illegal under city code.

Police responded to a citizen complaint about the signs.

When Code Enforcement Officer Ron Panek arrived, he showed them the section of code they were allegedly violating.

Murphy asked how to contact the city attorney. He said there are court cases that give them the right on public property to conduct political protests. He said they would follow up, but said they would obey the orders of the police.

Once the signs were down, the Sgt. Dan Coffey and Panek left, leaving Murphy and Sare to carry signs up and down the sidewalk if they wished. As they left, even more people were stopping to sign petitions.

Law and Order: Driver in Le Roy accident accused of being on drugs

By Howard B. Owens

Jordan Ray Smart, 22, of 6 Gibson St., Oakfield, is charged with driving while ability impaired by drugs. Smart was reportedly involved in a three-car accident on Main Street in Le Roy on Wednesday. Smart's car reportedly hit a parked car, which was pushed into another parked car. There were no injuries reported. Smart was arraigned and released under supervision of Genesee Justice.

Johnathon Bryce White, 21, of Reed Road, Churchville, is charged with criminal contempt. White allegedly violated an order of protection by riding in a vehicle with the protected party.

Kenneth Scott Lathrop, 27, of Tower Avenue, Syracuse, was arrested on a warrant for alleged failure to fine out of Town of Oakfield Court. The fine was related to a DWI charge. Lathrop was jailed on $500 bail.

Dwayne Andrew Pearsall, 23, of Washington Avenue, Batavia, is charged with harassment, 2nd, and endangering the welfare of a child. Pearsall is accused of being in a domestic dispute that took place in front of his daughter. Pearsall was jailed on $2,000 bail.

GCEDC to host tour of city for developers

By Howard B. Owens

Press release:

The Genesee County Economic Development Center (GCEDC) will jointly host a Batavia Developers Tour with NAIOP (the Commercial Real Estate Development Association) on Wednesday, June 11, from 9 a.m.to 1 p.m.

The event will provide interested business owners and investors the opportunity to tour renovated sites and commercial spaces in the City of Batavia, as well as learn about the various economic development incentives that are available through the GCEDC.

The event will highlight several of Batavia’s development sites and will include a tour of the Genesee Valley Agri-Business Park and other shovel-ready parks and Downtown sites. The tour also will include visits to Batavia’s opportunity area sites, including City Centre, Della Penna Site, Creek Park Site and the Harvester Center Complex.  

Speakers will include City of Batavia Manager Jason Molino, Batavia Improvement District Director Don Burkel, Batavia Development Corp. Director Julie Pacatte and GCEDC President and CEO Steve Hyde.

“This is a great way for us to showcase shovel ready sites and locations in the City of Batavia to the development community,” Hyde said. “Through this event, we also hope to educate developers about the business growth potential that exists here and how the various incentive programs through our agency can enhance economic development opportunities in Batavia.”

The tour will end with lunch at the Center Street Smoke House in Batavia. To register, please contact Karen McCready at NAIOP Upstate New York at 585-249-9232 or at naiopupstateny@gamial.com.

Photos: Kinder Farmin' Day at Grassland Dairy in Pavilion

By Howard B. Owens

Evan Stout raised his hand during a tour of the milking parlor at Grassland Dairy in Pavilion this morning because he wanted to know if it hurt the cows when they're milked.

Steven Tudhope assured him they were not hurt.

Evan was one of more than 200 area school children who toured Grassland, owned and operated by Brent Tillotson, as part of Kinder Farmin' Day (formerly Dairy Day), sponsored by the Genesee County Farm Bureau. 

"It's important for today's generation to learn about agriculture because they're going to be tomorrow's consumers and tomorrow's ag workforce," said Barm Sturm of the Farm Bureau.

Tillotson said he hosted the tour this year because he thinks it's important for children to learn firsthand about dairy farming.

"We do as much for kids as we can," Tillotson said. "It's good for them to come out and see that food doesn't just come off a truck."

Steven Tudhope explains to a group of Pavilion students how cows are milked.

Chad Tillotson shows a group of Wolcott School students the different kinds of organic feeds used on Grassland, which is a certified organic dairy farm.

Kara, of Wolcott School, holds a chick.

Melissa Thater with her young goat and a group of children.

Law and Order: Walmart shopper accused of locking dogs in hot car

By Howard B. Owens

Ralph E. Stevenson, 60, of Clinton Street, Bergen, is charged with confinement of companion animal in vehicle. Stevenson allegedly confined three small dogs to the interior of his car in 81- degree weather at Walmart. The internal temperature of the vehicle at 11:34 a.m., Monday, was 122 degrees on the dashboard and 116 degrees on the seats, based on measurements by a laser thermometer.

Kenneth L. Powell, 58, of Telephone Road, Le Roy, is charged with menacing, 2nd, and harassment, 2nd. Powell allegedly threatened a person with a knife and hit that person in the face with his fist. The alleged incident was reported April 30 on Ellicott Street.

Crystal J. Hough, 31, of Ellicott Street, Batavia, is charged with aggravated unlicensed operation, 3rd. Hough was arrested on a City Court bench warrant.

Shaqueita Lashaun Irvin, 22, of Hutchins Street, Batavia, was arrest on a bench warrant related to a petit larceny charge. The warrant was issued in Village of Corfu Court. Irvin was jailed on $5,000 bail. Irvin was also arrested on a warrant out of Town of Batavia Court for alleged trespass.

A 16-year-old resident of Indian Falls Road, Corfu, is charged with criminal possession of a weapon, 4th, and unlawful possession of marijuana. The youth allegedly possessed brass knuckles and marijuana.

Bryan David Dinelli, 41, of Churchill Street, Akron, is charged with aggravated harassment. Dinelli is accused of making unwanted phone calls for no legitimate purpose to another person.

Genesee ARC honors supporters at annual banquet

By Howard B. Owens

Press release:

Genesee ARC honored supporters, volunteers, community members, individuals served and staff during its 48th Annual Meeting & Awards Ceremony Friday night at the Clarion Hotel. Assemblyman Steve Hawley was the 2014 master of ceremonies.

During opening remarks, ARC Executive Director Donna Saskowski shared that the field of developmental disabilities is in a state of transformation.

“Choice is not as primary as it once was," Saskowski said. "We continue to be the focus of the Governor who believes that New York State is spending too much money on Medicaid, the primary funding source for the people we support."

The executive director challenged everyone at the banquet to go out and this story to someone who doesn’t know about Genesee ARC.

“We need to advocate, talk to our government representatives, and help educate our community about those we support and their real impact and value to our community,” she said. “If each one of us talked to just one more person about the skills of our workers and their dedication to their employers I think new community based jobs would quickly develop, there would be more volunteer opportunities and ARC would develop an even larger base of supporters."

The 2014 Spirit of ARC Award was presented to the Rotary Club of Batavia. This award was established nine years ago to recognize an organization, business, family, or individual who exemplifies the mission of ARC. The Rotary Club is always reaching out to Genesee ARC and individuals served, welcoming and including people of all abilities in their community events.

Saskowski, herself a Rotarian, said “This is a dedicated group of local men and women who actually possess a laser focus on community improvement, youth development and social responsibility.“The Rotary Club’s financial contributions have spearheaded major capital improvements at UMMC, the YMCA, GO-ART! and Genesee Community College. At Genesee ARC, the Rotary Club made a significant pledge to the agency’s People Realizing Potential campaign to help fund renovations at the Community Center resulting in a culinary arts training center for people with disabilities. Several Rotarians attended the presentation and the award was accepted by Club President Hollis Upson."

Bergen residents Carl and Candie Pocock were presented with Volunteer of the Year honors. Saskowski said the award is in recognition of the Pococks’ commitment to Genesee ARC and our mission. Candie is involved with the Byron Kiwanis recreation program for children with disabilities and the area summer reading program. She was also a former leader in the County 4-H program. The couple also participates in various committees of the United Methodist Church.

Carl and Candie’s work with Genesee ARC started in 1996 when their daughter Michelle began to receive services from the agency.

“They are tireless advocates for all people with disabilities and help insure that everyone we serve, receive the services they need,” Saskowski said. "Two years ago Candie stepped up to take on the lead role as president of the Genesee ARC Board of Directors and both she and Carl volunteer at Genesee ARC fund raisers.

The Business Partner of the Year award was presented to Applied Business Systems, Inc. Steve Samis, ABS vice president of Production was on hand to accept the honor. Genesee ARC has had a longtime partnership with Applied Business Systems through the ARC Work Center and last year they provided the opportunity to run two temporary work enclaves at their site on Harvester Avenue in Batavia.

According to Scott Jones, director of Vocational Services, ABS believes in the value of the Genesee ARC workforce.

“ABS has shown a commitment to providing employment to people with developmental disabilities by consistently returning to us with new work projects and ideas for future projects,” Jones said “...Thanks to the work opportunities ABS has provided they have helped to benefit the individuals served by our agency by helping them to develop crucial job skills and opportunities to become more independent as contributing members of their community.”

A surprise Lifetime Membership Award was presented to Thelma C. Montreal, of Batavia.  Genesee ARC has always been near and dear to Mrs. Montreal as she is a parent and grandparent of children with developmental disabilities. Thelma is a member and past president of the Genesee ARC Board of Directors, and served several years on the NYSARC Board of Governors. The award is in recognition of her many years of service to Genesee ARC and individuals served by the agency.

Friend of ARC Awards were presented to:

CP Rochester Dental Clinic -- Charles O. Kolthoff, DDS and the Staff of CP Rochester Dental Clinic were presented an award in recognition of their exceptional talents and compassion in providing dental care for individuals with disabilities. 

Anne Marie Starowitz -- A retired teacher, Anne Marie was recognized for the difference she has made in the life of an individual at ARC as a reading tutor. Anne Marie is helping this individual gain more independence.

Howard and Michael Ouriel -- The Ouriel brothers offer quiet, behind-the-scenes support to Genesee ARC. Their many acts of kindness include donating funds to purchase special wish list items, enhancing the lives of individuals served. They also support recreation and sports opportunities for children with disabilities.

The following received Genesee ARC Achievement awards: Gabe Norton, Jacob Klotzbach, Dolores Wanser, James Grudzien, Janette Vick, Mael, Joan Pietyzkowski, Jonathan Hedrick, and Dan Ware.

Genesee Staff Shining Star honorees for 2014 are: Linda Conroy, Medicaid Service coordinator; Darla Jaszko, coordinator of Administrative Services; Richard Majors, residential assistant; James Owens, mechanic; and Michelle Wheatley, Day Hab specialist.

Longevity awards went to the following individuals: Lucy Brown and Patty Sheedy, 40 years; Bob Adam, Alan Birge, Steve Jenney and Tom Dissette, 35 years; Paul Johnson, David Miner, Tom Montreal and John Wiggins, 30 years; John Brown, Alvin Stewart and Ken Sheehan, 25 years; Phyllis Riley, Mary Welsh, Elizabeth, David, Joseph Duganier, Marjorie Keppler, Hayley Brandes, and Robert Cummings, 20 years.

Staff Longevity award recipients were: Donna Saskowski, 25 Years; Elizabeth Hopkins, James Owens, Reneé Potter, Carolyn Cauthen and Shelley Kropelin, 20 Years; Debra Worthington, Lauraine Cornell, Carolyn Griffin, Darla Jaszko, Scott Lang, Angela Spikes and Marla Snyder, 15 Years; Roxanne Monteleone, June Lawrence, Debra LaDue, Sue Given, and Catherine Pangrazio, 10 Years.

More than 325 guests were in attendance at the banquet ,which also serves as Genesee ARC’s official annual meeting. Board officers for the upcoming year are: Candie Pocock, president; Debrah Fischer, vice president; Jane Scott, treasurer, and Deborah Riggi, secretary.

Byron-Bergen students get visit from local veterans

By Howard B. Owens

Press release:

On May 27, Byron-Bergen first-graders learned about the history and meaning of the United States' flag from people who proudly fought for it – prominent members of the Genesee County American Legion and Auxiliary. The students welcomed Genesee County American Legion Commander Dave Henry, Chaplain Don Nagle, Post & County Adjutant Jim Neider, and Auxiliary President Jane Fox, and listened intently to their presentation.

Neider, who was recently named to the New York State Veterans' Hall of Fame in honor of gallantry in the Armed Forces and service to the community, made history come alive with stories of Betsy Ross and the first flag. He explained that Flag Day – June 14 – celebrates the birthday of our national symbol. He described the meaning of the flag’s stars and stripes, and the significance of the red, white, and blue. He also encouraged the young patriots to remind their parents and other adults of the many ways to honor the flag.

“As vets, we enjoy helping children connect with history, and get an understanding for the importance of our flag and our country,” says Neider, who also taught elementary school for 30 years at Alexander Central School. “The kids at Byron-Bergen are especially knowledgeable and enthusiastic. They make doing this a lot of fun.”

Come on out to the Smokin' Eagle tonight and I'll pour you a drink

By Howard B. Owens

There should be some fun times at the Smokin' Eagle in Le Roy tonight -- it's the annual Habitat for Humanity fundraiser, "Pour You A Drink."

All tips to the celebrity bartenders will benefit Habitat.

I'll be there, with Mayor Greg "Porp" Rogers, Bill Pitcher from the Ghost Riders, Joe "The Comedian" Condidorio and Rick Ellis, from the famed band Duke Jupiter. 

The fun starts at 6 p.m. and doesn't stop until 10 p.m.

Notre Dame downs Whitesville 14-3 to advance to Far West Regional Championship

By Howard B. Owens

A favorable post-season schedule and a duo of dominant pitchers have certainly helped Notre Dame make a championship run, Coach Mike Rapone said after the Fighting Irish beat Whitesville in a Class D consolidation game 14-3.

In years past, by this time Section V and Section VI would already have played their regional championship game, but for Notre Dame, that game won't come until Saturday in Jamestown.

The spread schedule has allowed Rapone's pair of aces -- Alec Covel and Tyler Stroud -- to get plenty of rest between starts.

"They've been dominate all year," Rapone said. "Teams are hitting .100 or less against both of them. Covel's ERA is under one and Tyler's is a little over. You come to expect, I mean, I hate to say it, but you come to expect that you're going to get a well-pitched game. You just hope our defense and hitting keeps up."

Stroud took the mound in Dansville yesterday and gave a command performance through five innings. He struck out seven through five and didn't give up a hit until the fifth, when a Whitesville runner reached base on a close call at first.

"Really, I try not to think about it (the no-hitter), but it's there a little bit," Stroud said. "It's in the back of your head, so of course when I give it up, it's like, ah."

That squib of a hit put two runners on (Stroud had hit the prior batter).

Whitesville's first solid knock would come two batters later when their hitting machine, Cole Tracy, would lace a line drive to right field.

Stroud surrendered two runs in the fifth.

It helped, Stroud said, to have his offense jump to an early lead. The Irish scored a run in the first and then six in the second. 

Covel lead the offense with four hits and three RBIs. Andrew Mullen added two hits and knocked in three runs. Jarrod Wall also had two hits.

Mullen, the team's catcher, now hits clean-up for the Fighting Irish and over the course of the season has become an offensive force. He's playing more relaxed, he said, which has improved his approach at the plate.

"I've realized finally now, it's just a game," Mullen said. "It's fun. After this, it's probably over for me playing baseball, so it's fun to be with the team for three years now and it's all fun from here."

Notre Dame doesn't know yet who its opponent will be Saturday in Jamestown, but Rapone said he's confident the team is ready for the challenge.

"We've played good all year," Rapone said. "We've lost 3-2, 6-4 and 2-0, so we've been in every ball game. You just hope to continue to keep playing and see what happens."

For Notre Dame, all of the seniors are now high school graduates. That means no more classes, no more regular routine, the potential to lose focus.

"That's something you worry about," Rapone said. "It's not the same routine. They used to get up, go to school, then go to practice or a game. Now they're home. Who knows what time they're getting up. Some of them have jobs, so they're already working. That's always a concern this time of year."

How do you keep them focused?

"I just tell them to get up," Rapone said. "Get out of bed. But I'm not there to make sure they do it."

Mullen said that as a graduate, you know this is the last hurrah and that's what keeps you on task.

"It's a little scary to see how fast it flew by, so that's one thing that keeps you focused," Mullen said. "You realize the end is near, so just getting up every day and doing the normal routine, not sleeping in until 3 o'clock, and going straight to the game."

This is a team, Mullen said, that will get the job done.

"We're pretty relaxed," Mullen said. "The team camaraderie is pretty good. We can mess around together. We can get serious together. We always keep each other on task or focused and when it comes to game time, we have all the same goal in mind."

Whitesville's first hit. Ruled safe at first.

As white fluffies fell on the field, Stroud was lifted in the sixth after giving up two hits. Stroud was having a little bit of hip pain, which affected his control and velocity. Even so, Stroud was unhappy about coming out of the game. "I don't like to watch," Stroud said. "I like to be out there."

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School district clarifies Title IX settlement, calls Empire Justice statement misleading

By Howard B. Owens

Press release from Batavia City Schools:

On behalf of the Board, I am pleased to report that a settlement has been agreed to in resolution of the lawsuit filed against the District by two families with respect to the District’s softball fields. While the District is glad that this situation is behind us and we can now fully focus on the completion of these projects, we are a bit dismayed by the characterization of this situation portrayed in the Empire Justice Center’s press release. The Batavia City School District is proud of its student athletic program and continuously works toward achieving equality across all sports.

The District has always been committed to its girls’ athletic program. As a District we cannot proceed with capital projects of this nature without voter approval. We sought voter approval in 2011 to make improvements to our playing fields but the voters did not approve the plan at that time. Despite this outcome in 2011, the District invested as much funding as possible for material and labor to resurface the girls’ softball infields and to make arrangements for games to be played on other appropriate local fields.  

The facts of this situation speak for themselves:

·      The District had committed to the upgrades prior to the commencement of the lawsuit. There are no substantial differences between this settlement and the capital improvement plans that the Board of Education proposed and approved in February 2013 for presentation to the voters in May 2013.

·      The scope of the Board and voter approved capital improvement project was incorporated into preliminary plans by the Young & Wright architectural firm in the Spring of 2013. The plans were finalized this year with the intention of completing the project by September 2015.

·      It is unfortunate that, despite the District’s stated intentions and voter approval, the plaintiffs felt compelled to proceed with this lawsuit. The pending litigation resulted in an unnecessary expenditure of District resources during these difficult economic times.

·      There is only one change to the project requested in the settlement that was not initially taken into account, but the District believes is reasonable, and that is the addition of a safety cap to the track and field fence at VanDetta Stadium that is adjacent to the JV softball field.    

·      Not directly related to the specific project plans under way, as part of the settlement the District was asked to confirm its obligations to equal opportunity in athletic programs pursuant to Title IX, which we have always followed and are happy to continue to do.

·      The District has always been, and will continue to be, committed to its girls’ athletic program.

Genesee Chorale preparing to perform Dvorak on Friday and Sunday

By Howard B. Owens

Under the direction of Ric Jones, the Genesee Chorale will perform Antonin Dvorak’s "Requiem Mass" on Sunday at St. James Episcopal Church, Batavia.

Featured vocal soloists are Maureen DeGolyer, soprano, Pat Fussell, alto, Mark Ross, tenor, and Jim Ellison, bass.

Tickets for the 4 p.m. performance will be available at the door and are $10 for adults and $8 for students and seniors.

On Friday, the chorale will perform at 7 p.m. in Albion's Pillars Estate in the Grand Ballroom. There will be complimentary wine and hors d’oeuvres at 6:30 p.m. Tickets are $20 and available online at geneseechorale.com or at the door. The Pillars is located at 13800 W. Country House Road, Albion.

Daily News selling Apollo Drive building; buyer asking GCEDC for assistance on business expansion

By Howard B. Owens

Press release from GCEDC:

The Board of Directors of the Genesee County Economic Development Center (GCEDC) will consider two projects at its June 5, 2014 board meeting.

U.S. Gypsum Company is planning to upgrade its paper mill at 2750 Maple Ave. in Oakfield, NY.  The project will include replacing and relocating equipment, stock cleaning and enhanced manila production to improve the safety, quality and efficiency of the facility. The projected capital investment is approximately $23 million and will ensure employment retention of 98 existing manufacturing jobs and the addition of 12 new production jobs.

9 Apollo Drive is planning to purchase the former Daily News building at 2 Apollo Drive in Batavia. With the purchase, the company anticipates further growth and plans to expand its business and manufacture more doors and windows. The projected capital investment for the project is $750,000.

The GCEDC Board meeting will take place at 4 p.m. and is open to the public. Meetings are held at the Dr. Bruce A. Holm Upstate Med & Tech Park -- 99 MedTech Drive, Batavia, NY, on the 2nd floor, across from Genesee Community College. 

UPDATE: John Johnson, CEO of Johnson Newspapers, says that the Daily News hasn't sold its building and has no plans to move.

Rap video could become relevant in Dashawn Butler case

By Howard B. Owens

Batavia resident Dashawn Butler, suspected of discharging a firearm on State Street in September, was jailed Monday in lieu of $25,000 cash bail after being arraigned on a three-count Grand Jury indictment.

Butler entered a not guilty plea to counts of criminal use of a firearm, 2nd, a Class C violent felony, criminal possession of a weapon, 2nd, a Class C violent felony, and attempted assault, 1st, also a Class C violent felony.

District Attorney Lawrence Friedman declined to discuss much about the case after Butler's appearance in County Court, citing concerns that pre-trial publicity could make it more difficult to select a jury, but he acknowledged that a rap video featuring Butler could possibly be used in future court proceedings.

The video is attributed to Mobb Bugatti and was produced by Rochester-based Triple R Muzik Group. The video, along with another one Butler is featured in called "Rollin'," and widespread Web marketing and publicity on social network and music sites indicate the aspiring rapper and TRMG are pursuing a music career for Butler.

The video could be taken in that context, or be seen as something more sinister.

During "Red Flags" Butler is seen waving a red bandana and rapping about "murder death kill kill" and disrespecting (using a different word) the law.

The professionally produced video appears to have been shot on State Street, Hutchins Place and Lewis Place. One scene shows a Batavia police car cruising down a street.

If Butler and his defense attorney Thomas Burns decide to make the people prove Butler's guilt beyond a reasonable doubt, the video could become relevant if Friedman decides to portray Butler as gang affiliated and that the shots-fired incident Sept. 27 on State Street was tied to possible gang activity.

Friedman declined to answer a question along those lines.

Asked if the video might tell us something about Butler that might be relevant to the case, Friedman said, "some people might feel that way."

There was some wrangling in court Monday over Butler's bail status.

Butler has been out of jail since a couple of days after his arrest in December because Friedman wasn't ready at the time to conduct a felony hearing in City Court.

Friedman argued Monday that Butler is facing three C violent felonies, has a prior felony conviction that could make him a second felony offender for sentencing purposes, and has a prior instance of failure to appear.

Burns countered that Butler has made his court appearances on time in this case, the prior failure to appear was many years ago in New York City and Burns doesn't believe Butler will qualify as a second felony offender.

There's also a speedy trial issue to look at in the case, Burns said. An arrest warrant was issued for Butler in October, but he wasn't arrested until December and only just now indicted.

Friedman said it took two months for Batavia PD to locate Butler. When he was arrested it was in the house of a person parole officers were looking for and Butler was hiding in a bathroom. Those circumstances negate the speedy trial issue, Friedman indicated.

Burns said Butler has lived in Batavia since 2001, moving here from NYC. He currently has a part-time job with a local food service business. He asked that if Noonan were going to set bail that it be something reasonable like $4,500.

Noonan set bail at $25,000 cash or $50,000 bond, which was the bail amount set in City Court when Butler was arrested in December.

The attorneys will spend the next 45 days preparing motions in the case and Butler is due in court again at 9:30 a.m., Aug. 4.

Warning: The video below contains profanity. This clip is edited to show just a representative portion of the video.

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