Stories from

Present Tense Books and Gifts, 101 Washington Ave., Batavia, NY: Whether your taste runs to local authors, the finest in fiction or nonfiction or you're looking for a unique and special gift, this charming store in a cozy Victorian house on the edge of downtown is a great place to stop and shop. We have a $25 gift certificate for $12.50.

T.F. Brown's, at 214 E. Main St., Batavia, NY: T.F.Brown's is a great place for a good meal, good friends and to catch up on what's going on in the sports world. "If it happens in sports, it happens at Brown's." We have a $20 gift card for $10.

Center Street Smoke House, 20 Center St., Batavia, NY: Authentic Southern BBQ, from ribs to brisket with all the fixin's. We have a $20 gift card for $10.

Herbly Wonderful, 3701 Pearl St., Batavia, NY: Unique specialties for your home and garden, from floral arrangements, to heirloom vegetables, herbs, teas and spices. We have a $25 gift certificate for $12.50

Alex's Place, 8322 Park Road, Batavia, NY: People come from all over the region for a fine dining experience at Alex's. It's best known for its ribs, of course, but Alex's seafood is also a favorite of the restaurant's diners. We have a $25 gift certificate for $12.50.

South Main Country Gifts, 3356 Main St. Road, Batavia, NY: Handcrafted items, gifts with a regional flair, candles, teas and spices -- South Main has a wide selection to please most any interest. We have a $20 gift certificate for $10. A great Valentine's gift!

NOTE: If you've never bought Deal of the Day before, or are otherwise unfamiliar with the rules and process, click here.

SOLD OUT

"Scruffy" just did what his breed is wont to do when a person in his care is assaulted -- he attacked the aggressor.

An East Main Street woman was sent to UMMC around 8:30 p.m., Tuesday, after she allegedly went onto a neighbor's property and started fighting with a woman who was staying there.

Her leg was reportedly bitten pretty badly.

The woman whom "Scruffy" was reportedly protecting also suffered a dog bite, probably accidentally, when she tried pulling "Scruffy" off the other woman. She was also transported to UMMC.

When the incident started, "Scruffy" was quietly sitting on his own porch at 516 E. Main St., doing what he normally does -- just watching -- when the fight started. He jumped off the porch and attacked the woman who had allegedly come onto his property.

"Scruffy," if that's his real name, Sgt. John Peck wasn't 100 percent sure, is part pit bull.

Neither "Scruffy" nor his owner face any chargers since "Scruffy" did not leave his owner's property and didn't break any laws.

Peck said neighbors were familiar with the dog and described him as normally very friendly. The dog has no prior history of attacks or aggression. Peck said "Scruffy" was friendly with him when he approached.

Whether either of the women will be charged with any crime is unknown, Sgt. Peck said. The case is still open.

Peck said the women had been taunting each other recently, which seemed to precipate the alleged altercation last night.

The police are not releasing any names until and unless actual charges are filed.

(This is a follow up to this initial report.)

After leading Sheriff's deputies on a two-hour wild goose chase, a 19-year-old man who said he had been living in Elba is in federal custody for allegedly re-entering the country illegally.

Fredy Perez Cortes was found shortly after 12:15 p.m. wandering barefoot at the intersection of Slusser and Galloway roads in Oakfield.

A local resident had given him water, but then called the Sheriff's Office. When Deputy Brian Thompson arrived, Cortes allegedly fled into a nearby farm field and Thompson used his K-9 to chase him and corner him.

Cortes reportedly told Thompson that he and a friend had been in the area looking for work when their truck broke down. He said his friend was somewhere in the area looking for a car to steal.

More deputies responded to the area and began a search for a white pickup truck and a Mexcan male wearing sandles, a dark shirt and light blue pants.

When Cortes was searched following his apprehension, Thompson found a car key in his jeans' pocket.

After it was apparent there wasn't much about Cortes story that was checking out, Thompson remembered that earlier today a 1997 Pontiac Grand Am had been found in the West Batavia area near Donahue Road. It apparently had been involved in a property damage accident and had been towed to Parise's Automotive. Thompson took the key to the car and it fit.

Allegedly, Cortes had been driving the car, possibly after drinking, and then fled the scene of the accident. He then became lost in the Town of Oakfield and stopped at a farmhouse asking for water.

Thompson said he does not believe Cortes actually broke into any residences and that there never was a second subject involved in the incident.

No New York charges are pending.

"It is much more expedient to allow the ICE officers to handle the situation," Thompson said.

Cortes was turned over to Immigration and Customs Enforcement Deportation Officer 
K. Hobart. He will be charged with illegal re-entry after deportation, a federal felony.

(initial report)

A youth who was wanted by local law enforcement, and allegedly led Batavia Police, State Police and Sheriff's deputies on a manhunt in the city two months ago, was sentenced to prison time for a violation of probation.

Christopher Laird, 17, originally from Elba, but has also lived in Le Roy and Batavia, failed to report for probation meetings in early 2010.

Police eventually caught up with Lair in Le Roy on April 4, two days after the manhunt, which involved a State Police helicopter.

Laird's probation was revoked. He will spend one to three years in state prison.

Sheriff's deputies are in the area of Slusser and MacCumber roads, Oakfield, where one subject is in custody and deputies are looking for a second person who may be in the area with the intent to steal a car.

A deputy originally spotted a person walking on Slusser Road, and when the deputy attempted to make contact with that individual, he ran into a field.

The deputy chased him down and after being taken into custody, the individual apparently told the deputy he and a friend had a car break down so they were in the area looking for a car to steal.

The subject still at large is described as a Mexican male. His friend said he will try to run if he sees law enforcement.

UPDATE 12:46 p.m.: The search continues. The individual taken into custody has apparently been evasive in his answers at times, but he apparently said that he and his buddy -- they live in the Oak Orchard area of Elba -- have been out of work for three months and were out looking for work when their truck broke down.

UPDATE 1:56 p.m: The search seems to have moved to an area of Oak Orchard Road where the second subject is believed to reside. At the scene of the original call, Deputy Brian Thompson said the call started when area residents reported a Mexican male, not wearing any shoes, walking house-to-house. A woman at one house gave the man some water and called the Sheriff's Office. That's where Deputy Thompson first saw the man, who started to run. Deputy Thompson deployed his K-9, who quickly helped detain the man. 

Deputy Thompson said the common method for daytime house burglars is to not wear shoes, minimizing footprints. He said he thinks the jobless men were out looking for food.

Immigration Control and Enforcement officers were on scene. But the subject detained is not believed to be in the country legally.

Thompson said in his 19 years with the Sheriff's Office, he hasn't known too many migrant workers to get involved in petty crimes, but with the crack down on farmers hiring undocumented workers, it's getting harder for those without papers to find work.

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Jesse Adam Dispenza, 24, of Union Street, Scottsville, is charged with trespass. Dispenza is accused of trespassing on the Dolomite property in the Town of Le Roy at 6:20 p.m., Saturday.

Marissa Christine Zeiner, 19, of Sunset Circle Lane, Brockport, is charged with trespass. Zeiner is accused of trespassing on the Dolomite property in the Town of Le Roy at 6:20 p.m., Saturday.

A 17-year-old resident of Maple Avenue in Le Roy is charged with unlawful possession of marijuana. The youth was allegedly found in possession of marijuana during a traffic stop by Deputy Matt Butler at 5:03 p.m., Saturday.

Ami Kadar, 64, of Albion, is charged with harassment, 2nd. Kadar was arrested this week by State Police on Maple Avenue, Elba, in connection with an alleged incident at 12:01 p.m., March 30. No further details are available.

Jorge L. Portugal-Pineda, 22, of Elba, is charged with DWI, driving with a BAC of .08 or greater, unsafe tires and consuming alcohol in a motor vehicle. Portugal-Pineda was arrested by State Police on Transit Road at 3:15 p.m., Monday.

Ethan R. Kitanik, 19, of Oakfield, is charged with unlawful possession of marijuana, and ticketed for no headlights. Kitanik was stopped by State Police on Oak Street in Oakfield at 10:55 p.m., Sunday.

The co-owner of a company that makes an ad-supported map product said he wants to make it clear he takes seriously concerns that his sales reps may have left an impression with some local businesses that his company is working with the Genesee County Chamber of Commerce.

"We are acknowledging that we are not affiliated with the chamber on this edition," said Matt Vonderhaar, of Cincinnati-based Universal Advertising Associates.

Yesterday, The Batavian reported that chamber officials were concerned that Universal was representing a tie with the chamber in its sales efforts for a map of Genesee County.  The chamber has its own map project, which The Batavian is providing support for on the upcoming edition.

Vonderhaar said his 35-year-old company has been doing business in Batavia for 20 years.

In fact, he said, from 1997 up until June 2008, the chamber had a free ad on the Genesee County map in exchange for distributing the map through the chamber office.

He said Universal produces maps in 42 states, and many of them are affiliated with local chambers. He suggested that perhaps some of his 35 sales reps are conditioned to talk about the chamber connection from those other sales calls.

He said if anyone has any concerns about his reps sales tactics, they should contact him directly through his company's website.

"This is a second-generation business," Vonderhaar said. "We put out a great product. We're very proud of what we do. If anybody has an issue with our business they should call me directly."

A juror in the Scott Doll murder trial contacted The Batavian today and after confirming the juror's identity, we agreed to anonymously publish this account of the juror's experience.

I just have a couple things to say about the Scott Doll trial. I was a  juror who sat in the front row. I would not like to give my name or my number as I am not trying to cause any problems with this statement, just  want to clear some things up, that have been on my mind since last Thursday.

I wanted to start off by saying that none of us in the jury chose to be in that box for the three weeks, we were chosen by both sides of the case as they felt we were the most impartial and non-biased individuals out of the pool they had to choose from. That being said, I would like to also tell everyone that none of us had preconceived notions as to the guilt or innocence of Mr. Doll. And for those of you who have comments such as "shame  on the Jury," you were not in that deliberation room discussing the facts/evidence so you have no idea what we went through.

No one but the 12 of us that were locked in that room for 12 hours knows what we discussed, and let me tell you there was quite a lot of discussion taking place. I do not like the fact that almost instantly people comment that we locked up an innocent man, that there is a "real" murderer on the streets. To you all, we all examined the evidence, and listened to all the testimonies. We all listened to the opinions and concerns that each of us had, and NO ONE was forced into making a guilty verdict when we took our  final vote.

We DID NOT rush things to get it over with. Anyone who had reservations on coming up with a verdict was allowed to voice their opinions. It all comes back to the evidence. Mr. Cambria told us to use our "common sense" when it came to deliberating on a verdict. We all felt that the evidence all pointed back to Mr. Doll, and to us that was "Common Sense" as that is what the evidence showed us. If there had been other evidence showing otherwise we would have considered it.

For the record, it's not the easiest thing to give a guilty verdict either. Knowing someone's life was in our hands weighed on our hearts and minds those final minutes of the trial. And it is definitely not easy to hear the cries and look at the faces of the family either, even when you know that the right thing was done according to the evidence that was presented to us. I'm sorry if that upsets some of you reading this, but trust me I have not nor will I ever forget this event. I have certainly not moved on with my life and left it behind. And I hope to never have to do something like this again.

My thoughts and prayers are with both the Doll family as well as the Benaquist family. I know that both families are now missing a member, and things will never be the same, and that is something that I will think about daily, for the rest of my life. If anyone thinks otherwise they are greatly mistaken.

Sixty-two drivers in Batavia received traffic citations in May as part of a joint Batavia PD and State Police effort to crack down on mobile phone use and seat belt violators.

The Batavia Police received a grant earlier to help fund increased enforcement of these laws as part of a statewide effort.

In May, checkpoints were set up on Law, Clinton and Oak streets.

The State Police cooperated in the last location, setting up its Commercial Vehicle Enforcement Unit. Nine tickets were issued to truck drivers at the checkpoint near the Thruway entrance.

The city will conduct future enforcement actions as part of the grant it received from the governor's Traffic Safety Committee.

CORRECTION: Lt. Henning informed me that I got my enforcement grants mixed up. The grant for this particular set of checkpoints was for police to look for vehicle violations. You drive through a check point and the police check your registration and inspection, etc.  There is another grant, also still active in the city, for seat belt and mobile phone violations.  The May results of that enforcement effort have not been released yet.

A truck driver who was reportedly looking at porn on a laptop computer prior to slamming his truck into a disabled car on the Thruway in Pembroke pled guilty today to manslaughter.

The Dec. 12 accident took the life of a mother from Snyder, 33-year-old Julie Stratton.

Thomas M. Wallace, 45, of Brook Park, Ohio, could face up to 15 years in prison.

More from the Buffalo News, including video.

A fight-in-progress has been reported at a residence near Pontillo's.

A dog was reportedly being used to attack a victim.

Police are on scene and have requested Mercy EMS for a person with cuts to the leg.

UPDATE 8:40 p.m.: A second ambulance has been requested to 516 E. Main St., where Mercy EMS reports a second victim needing transport to a hospital.

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Sheriff Gary Maha calls a pending Assembly bill which would require cops to shoot a suspect only to wound him -- presumably aiming for an arm or a leg -- "ridiculous."

The so-called "minimum force" bill says, "(a peace officer or police officer) uses such force with the intent to stop, rather than kill, the person who he or she reasonably believes is using unlawful force, and uses only the minimal amount of force necessary to effect such stop."

No shooting course teaches law enforcement officers to aim at limbs, Maha noted.

The first job of a cop in a dangerous situation is to protect himself and the people he's sworn to serve, Maha said.

"Deadly physical force, under the (current) law, can only be used as a last resort, under extreme circumstances," Maha told WBTA. "You're going to put more pressure on the officer if he has to shoot to wound. You're putting that officer in jeopardy."

Under provisions of the bill, any officer accused of shooting to kill another person in the line of duty would be charged with manslaughter.

The bill is sponsored by Annette Robinson (D-Bedford Stuyvesant) and Darryl Towns (D-East New York).

While the "minimum force" bill hasn't died, it is languishing in committee and is still drawing reaction from New York's law enforcement community.

A New York detective told the New York Post that the bill would create a situation where cops are expected to shoot the gun out of the hands of suspect, while the criminal would still be firing with the intent to kill. It's been called the "John Wayne" bill because it requires a level of accuracy only seen in Hollywood Westerns.

"These are split-second, spontaneous events -- and officers have to make a full assessment in a fraction of a second," said an angry Michael Paladino, president of the Detectives Endowment Association.

The bill was drafted in response to the shooting death of Sean Bell, a man who was killed by police following a fight at a strip club where he was celebrating his bachelor party. An undercover officer reportedly heard Bell say at some point that he had a gun. In the melee that followed, Bell reportedly slammed his Nissan into a police vehicle.

Photo: File photo of Sheriff Gary Maha.

When it comes to tax incentive packages, Genesee County has a few advantages over Monroe County, because of programs available targeted specifically for rural counties, according to Chris Suozzi, VP of business development for the Genesee County Economic Development Center.

So when Brothers International announced it was abandoning Batavia, where it was founded in 2001, for Rochester, Souzzi concluded it wasn't purely a business decision.

"In my mind it was more of a personal decision on where they wanted to locate the company," Souzzi said.

We have a call into Travis Betters at Brothers International to get his take on the relocation decision.

Souzzi said he last met with Brothers six months ago and presented a side-by-side comparison of the Genesee County package with the Monroe County package. He said it "opened their eyes" about what Genesee County had to offer and was under the impression they would "stay put in Batavia."

He didn't learn of the decision by Brothers to move until Monroe County put out a press release about the location change.

While the current Brothers location is in an empire zone, to date the company has received no tax assistance through GCEDC, Souzzi said.

A company out of Ohio has been calling businesses in Genesee County selling ads on a map, and Chamber of Commerce officials are concerned that business owners are being left with the impression that the sales effort benefits the chamber.

Lynn Freeman, president of the Genesee County Chamber, sent an e-mail to chamber members yesterday alerting them to the potential confusion.

"I spoke with the company and asked them to desist in tying their promotion to the chamber," Freeman wrote. "Their response was 'We can't control what our customers conclude.'"

The Batavian called the company, Universal Advertising Associates, which is based in Cincinnati, for comment and we have not received a call back.

There is an official map produced for the local chamber by a Rochester-based company, Mapworks, Inc. A portion of the proceeds from ads sold on this full-color map, benefits the chamber.

In the final quarter of 2009, The Batavian was the official sales representative for Mapworks on the chamber map project.

While release of the map is later than expected, it is in production now.

Freeman asks that any time a local business receives a solicitation from a third-party that purports to represent the chamber, business owners contact the chamber office to verify the affiliation.

A Florida man who was working as a driver on a Kid Rock tour bus last year when stopped by deputies on Route 77 in Pembroke admitted to a misdemeanor charge of DWI today.

Joseph S. Devlin, 38, of St. Augustine, Fla., was facing a felony DWI charge, but the felony was dismissed by Judge Robert C. Noonan because there was no "competent proof" as to the weight of the 2003 Prevost Tour Bus that Devlin was driving.

Under terms of the plea, Devlin will be given probation if his local probation department agrees to supervise the case.

If Florida probation refuses to accept supervision of Devlin, his plea will be withdrawn.

Under questioning from Noonan, Devlin admitted to driving the tour bus on July 15, 2009, and that he consumed alcohol prior to getting behind the wheel, and that his ability to operate the bus was impaired to a "substantial degree."

Sentencing is set for Sept. 1.

City employee Brian Metz hangs a flower basket from one of the light standards in Downtown Batavia.