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Two Genesee County men face federal charges of conspiracy to manufacture methamphetamine after local law enforcement agents raided a house on Lewiston Road in Alabama this morning.

Because of the toxic nature of the chemicals involved, a haz mat team has been on location all morning conducting clean up while investigators sift through the evidence, which includes chemicals, paraphernalia and guns. Two young men found at the location had to be decontaminated at the scene.

Sheriff Gary Maha announced the arrests at the 789 Lewiston Road residence at 10 a.m..

Taken into custody were Dustin R. Benham, 20, of 10472 Alleghany Road, Darien, who was in the house at the time of 6 a.m. raid. The owner of the home, Kenneth W. Mosholder, 44, was not in the dilapidated house this morning. He was arrested a few hours later at a friend's house at 135 Jackson St., Batavia.

Maha said his office sought federal charges in this case because he wants to send a clear message that the manufacture of meth will not be tolerated in Genesee County.  Meth labs are an epidemic in some rural counties around the nation, including some New York counties.

"This is the first methamphetamine lab in Genesee County that we know of," Maha said. "We want to send a clear message that we'll stop this cancer before it spreads. That's another reason for going for Federal prosecution in this case."

Moshholder's 17-year-old son was also in the house at the time of the raid, but he has not been charged with any crimes at this time. He has been turned over to social services, who will find a place for him to stay. Mosholder could face child endangerment charges, according to Maha.

Other charges may be pending against Mosholder and Benham.

Maha said the lab was small and fairly recent, but officials believe Mosholder intended to grow his alleged production facility. The Sheriff said as far as officials know, the drug was being distributed in Batavia. The investigation is ongoing as to whether other individuals were involved in the distribution.

"At this time we feel it's a relatively small operation," Maha said. "We know he's been living out here for about a year-and-a-half, so it's possible he's been dealing for a year-and-a-half. You'll get a look at the materials and you'll see how big of an operation it is. Even though it's a small operation, we think he was growing the operation based on our intelligence."

Mosholder is reportedly originally from the Genesee County area, but moved to Texas before returning to Alabama in 2008.

According to law enforcement officials on scene, the presence of guns in the house -- where meth was allegedly being manufactured -- could add up to 20 years of prison time to any eventual sentence the defendants receive if convicted.

Responding to the scene this morning to deal with the investigation and clean up were DEA chemists, members of the Genesee County Haz Mat Team, Genesee County Emergency Management, Mercy EMS and the Alabama Fire Department.

Participating in the investigation and arrests were the Genesee County Local Law Enforcement Task Force.

Mosholder and Benham will be arraigned in federal court in Buffalo later today.

James Maher, the 27-year-old Iraq War veteran who died from a head wound after falling outside the Blockbuster location on Lewiston, was honored by a group of fellow veterans this evening in a memorial service on the spot where he died.

Our dinner tonight was some of Joe Gerace's famous spaghetti and meatballs at Holy Name of Mary Church in East Pembroke. The popular dinner is a fundraiser for Genesee Cancer Assistance. Friends told us to get their early because it's not unusual for them to run out of sauce.

Besides the great services provided by Genesee Cancer Assistance, one of the great things about the charity is that it has no overhead and all the money donated stays in Genesee County.

Gerace is pictured below on the right.

A man who allegedly assaulted a Batavia police officer yesterday Friday has surrendered.

Paul F. Daly, 28, of 29 Waverly St., Cattaraugus, was at large since being released from a facility where he was taken for a mental-health evaluation. Before police could arrest him on criminal charges, Daly was let go and the police were not notified.

Daly, who was a patient at the VA Medical Center, surrendered to State Police in Amity.

Batavia PD Warrant Officer Dennis Rider negotiated with Daly to convince him to turn himself in.

"Basically, I started with family members, because they didn't want to say where he was, but I convinced them that the safest thing was for him to turn himself in," Rider said. "I wanted to avoid a confrontation if at all possible."

Daly is being transported by State Police to Batavia.

UPDATE: We've also learned that Chris Camp, the officer who was reportedly attacked, did try to deploy his Taser. The Taser was ineffective. Det. Schauf said, "it did not have its intended effect," though why it didn't work as it should is unknown.  As we reported previously, a passing citizen helped Camp subdue the suspect.

UPDATE 6:52 p.m.: Daly was delivered back into Batavia police custody this evening. He was arraigned and jailed without bail.

Previously:

• VA patient allegedly attacks police officer outside Batavia Downs
• VA patient accused of assaulting police officer not in custody

Buffalo News writer Tom Precious pretty much says all that needs to be said about the state of the state in the first paragraph of his story today:

ALBANY — State lawmakers returned Tuesday to Albany, collected their per diems, ate free lunches, huddled with lobbyists and met with each other in private. But they were unable to accomplish the chief task that brought them back to the Capitol: budget repair.

That's good, honest reporting.

A Batavia man accused of fraud for not reporting income from self-employment while receiving social service benefits, pled guilty yesterday to one count of attempting to offer a false instrument for filing in the first degree.

Jeffrey Wawrzyniak, 37, was immediately sentenced to three years probation.

The charges were the result of an investigation by the Genesee County Department of Social Services. Wawrzyniak reportedly failed to report income from July to October 2008.

Wawrzyniak has paid restitution of $497.

A suspect in an assault on a Batavia police officer yesterday Friday was still at large this morning.

In a note on the e-mailed press release Tuesday, Det. Rich Schauf wrote that the suspect, Paul F. Daly, was not in custody, but none of the local media who carried the report -- including The Batavian --  picked up on that fact.

I spoke with Det. Schauf this morning and clarified that Daly was not in custody, and I haven't heard any report since then of his arrest. Police are searching for the suspect.

Daly was initially taken for a mental health evaluation, but within hours, according to Schauf, he was released by medical personnel. Schauf did not say where Daly was evaluated. Police were not notified of Daly's release until after the fact.

Schauf did not have a description of the suspect at the time we spoke, but we hope to get one before the end of the day.

Daly, originally from Cattaragus, is or was a patient at the VA Medical Center.

Bryan M. Hargrave, 22, of 61 Myrtle St., Le Roy, is charged with two counts of burglary in the third degree. Hargrave allegedly broke into two Pavilion businesses on Sept. 23. He is accused of breaking into Pavilion Drainage Company on Route 63 and taking some cash from the office area. On the same day, he allegedly broke into BW's Bar on Perry Road, this time allegedly taking cash and an iPod. The investigation was conducted by deputies John Baiocco and James Diehl, with assistance from investigators William Ferrando and Roger Stone. Additional charges against Hargrave are pending. Hargrave was released under supervision of Genesee County Justice.

Bart Arthur Towne, 41, of 1795 Phelps Road, Corfu, is charged with attempted petit larceny. Towne allegedly attempted to steal televisions and other items from BJ's Wholesale Club by concealing the items inside a box labeled as a file cabinet. He presented the box at the register for purchase.

Erica M. Raphael, 24, of 335 Bank St., Batavia, is charged with criminal possession of a forged instrument and criminal possession of stolen property. Raphael is accused of possessing stolen NYS Official Prescription sheets from Batavia Ophthalmology and allegedly forging a prescription for hydrocodone tablets. Raphael allegedly attempted to get the prescription filled at Oakfield Family Pharmacy.

A 17-year-old resident of Bergen is charged with unlawful possession of marijuana. The youth was apprehended after a random K-9 search at Byron-Bergen High School. During the search of the east side parking lot, a K-9 alerted on a car. Marijuana was allegedly located in the car and the marijuana was seized by law enforcement.

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.

Center Street Smoke House, 20 Center St., Batavia, NY: Authentic Southern BBQ, from ribs to brisket with all the fixin's. We have a $25 gift card for $12.50.

Total Image Hair Salon/Sarah and Amanda Lowe, 226 Ellicott St., Batavia, NY: Time to update your style? Try something different or finally get the hair styling you've dreamed of, give Sarah or Amanda at Total Image a try. We have a $22 gift certificate for $10.

Margarita's Mexican Restaurant, 15 Jackson St., Batavia, NY: When you're looking for an authentic Mexican meal, Margarita's is the place to go. The food and atmosphere are perfect and the service is always outstanding.

Jackson St. Grill, 9 Jackson St., Batavia, NY: Try the fresh, skinless haddock fish fry on Fridays. We have a $10 gift certificate for $5.

Pudgie's Lawn and Garden Center, 3646 W. Main St. Road, Batavia, NY: Fall colors are here, and with Pudgie's you an cozy-fy your home with a range of decoration ideas. We have a $25 gift certificate for $12.50.

Clor's Meat Market, 4169 W. Main St. Road, Batavia, NY: For the best, most flavorful, juiciest chicken or hamburger in town, hands down, stop by Clor's. Oh, and the steaks are great, too. And the sausage. Clor's also serves lunch and dinners from 10 a.m. to 8 p.m. We have a $15 gift card for $7.50.

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.

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.

Delavan's Restaurant and Tavern, 107 Evans St., Batavia, NY: To me, Delavan's is one of those restaurants where you want to eat frequently until you try everything on the menu. We have a $20 gift certificate for $10.

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

Total Image - Amanda and Sarah Lowe

Indicted on a rarely used aggravated vehicular manslaughter charge and facing up to 25 years in prison, 24-year-old Ron Wendt, Jr. appeared in County Court today to formally plead not guilty to all 11 felony accounts against him.

Wendt, a resident of Alexander, is out of jail on $50,000 bail and appeared before Judge Robert Noonan in navy blue slacks, a blue shirt and blue tie. His family was with him.

Also in court was the family of Katie Stanley, an 18-year-old girl who was a back-seat passenger in  a 1993 Toyota Camry on Aug. 14, when Wendt reportedly made a left-hand turn from Route 20 into the parking lot of My Saloon just as the Camry entered Darien Center.

The Camry struck the rear of Wendt's 2001 Dodge Ram truck.

Stanley died as result of the injuries she sustained in the accident.

Wendt was allegedly found later to have a BAC of .08.

His attorney, Thomas A. Burns, now has 45 days to file motions and prepare his case.

Previously:

• Drunken driving suspected in Darien accident that kills Dansville girl
• Driver accused of manslaughter in accident will have case go to grand jury
• More serious manslaughter charge levied against Alexander man accused of drunken driving

A Rochester man arrested Sept. 10 for allegedly breaking into a State Street home a week earlier was formally charged today with burglary in the second degree and criminal possession of stolen property.

Reginald M. Wilson, who was reportedly caught driving a vehicle stolen from the residence, was given a chance to get out of jail while he awaits trial. He must come up with $100,000 bail or $200,000 bond, according to Judge Robert Noonan.

Wilson, because of prior felony convictions, could potentially be sent to prison for life if convicted of the current charges. For that reason, Noonan refused bail to Wilson at a Sept. 16 hearing.

After today's hearing, Public Defender Gary Horton said that in all his years of practice, only twice has he seen three-time felony convicts sent to prison for life. He said it's an option for prosecutors -- which can be sought only after the third felony conviction -- that is rarely used.

Wilson has 12 prior convictions, including five felony convictions and has reportedly twice failed to appear for court dates.

Toyota of Batavia is investing $975,000 to expand its dealership, and to help the project along, the Genesee County Economic Development Center is providing a $7,500 tax incentive.

The project was first approved for benefits on Feb. 21, 2008.  But the actual benefit was approved this week.

The dealership is mortgaging its property for $600,000 to help pay for the project. GCEDC is providing the mortgage-tax exemption.

The GCEDC estimates that for every $1 of tax benefit, the community is realizing $616 of investment by the company.

The dealership is located at 3899 W. Main St. Road in the Town of Batavia.

New York Senator Kirsten Gillibrand used her weekly call with the media today to make a different kind of pitch -- rather than promoting some bill she's signed on to, Gillibrand made an appeal to New York's employers: Hire a veteran.

On the day before Veteran's Day, the senator is reminding businesses that there are tax credits available when they hire military -- especially war -- veterans.

Unemployment among veterans is 14.6 percent, Gillibrand said.

She also announced legislation to help veterans become entrepreneurs. The Veterans Business Center Act of 2009 would help veterans gain access to capital and federal grant money to start new businesses or expand existing ones.

“Too many veterans are coming home to a very bad job market and unable to find work,” Gillibrand said in a statement. “They fulfilled their duty to our country, and now it’s time for us to fulfill our duty to them by making sure they have access to a good-paying job.

"The tax breaks we put in place earlier this year are a win-win for businesses and veterans, but we need to make sure businesses know they are available and take advantage of them by hiring more veterans. I'm making a personal pitch to the business owners I meet to hire a vet and take advantage of the tax credit.”

Full press release after the jump:

Washington, D.C. – With unemployment among young veterans in New York topping 14.6 percent, U.S. Senator Kirsten Gillibrand is making a personal pitch today to New York business to hire veterans and receive a tax break from the federal government in return. The Work Opportunity Tax Credit, which was expanded earlier this as part of the Economy Recovery Plan, can help thousands of veterans who are returning home from Iraq and Afghanistan to find a still-reeling economy and scarce jobs.

To provide additional economic assistance for veterans, Senator Gillibrand is also introducing the Veterans’ Business Center Act of 2009 – legislation that would help veterans gain access to capital and federal grant money to start new businesses and grow existing ones, as well as new a proposal to provide assistance for homeless veterans. 

“Too many veterans are coming home to a very bad job market and unable to find work,” Senator Gillibrand said. “They fulfilled their duty to our country, and now it’s time for us to fulfill our duty to them by making sure they have access to a good-paying job. The tax breaks we put in place earlier this year are a win-win for businesses and veterans, but we need to make sure businesses know they are available and take advantage of them by hiring more veterans. I'm making a personal pitch to the business owners I meet to hire a vet and take advantage of the tax credit.”
 

According to a new report from Senator Gillibrand, 7.3 percent of all veterans across New York State are unemployed.

• In New York City, an estimated 17,300 veterans are unemployed. Unemployment among New York City veterans increased by an estimated 4,700 over the last year.
• In Western New York, an estimated 8,800 veterans are unemployed. Unemployment among Western New York Veterans increased by an estimated 2,400 over the last year.
• In the Rochester/Finger Lakes Region, an estimated 6,600 veterans are unemployed. Unemployment among all Rochester-Finger Lakes Region veterans increased by an estimated 1,800 over the last year.
• In Central New York, an estimated 5,800 veterans are unemployed. Unemployment among Central New York veterans increased by an estimated 1,600 over the last year.
• In the Southern Tier, an estimated 4,500 veterans are unemployed. Unemployment among Southern Tier veterans increased by an estimated 1,200 over the last year.
• In the Capital Region, an estimated 7,200 veterans are unemployed. Unemployment among Capital Region veterans increased by an estimated 2,000 over the last year.
• In the North Country, an estimated 3,000 veterans are unemployed. Unemployment among North Country veterans increased by an estimated 800 over the last year.
• In the Hudson Valley, an estimated 9,500 veterans are unemployed. Unemployment among Hudson Valley veterans increased by an estimated 2,600 over the last year.
• On Long Island, an estimated 12,200 veterans are unemployed. Unemployment among Long Island veterans increased by an estimated 3,300 over the last year.
  

To honor our veterans and give them the resources they need during these difficult economic times, Senator Gillibrand is launching a legislative agenda to provide economic assistance for veterans. 

Jobs for Veterans, Tax Cuts for Businesses

The American Recovery and Reinvestment Act that Senator Gillibrand helped pass earlier this year expanded the Work Opportunity Tax Credit to include new incentives for businesses to hire returning veterans, and extended them through the end of 2010. But with so few businesses aware of the tax credit, the opportunity has gone under-utilized. Senator Gillibrand has been partnering with local Chambers of Commerce across New York State throughout this year to raise awareness among New York businesses of the tax credit, and encourage them to hire New York veterans returning home.

With Veteran’s Day this week and unemployment among New York veterans remaining high, Senator Gillibrand is writing to every single Chamber of Commerce in New York, urging them to work with their members and encourage area businesses to hire veterans and utilize the federal tax break.
 
In return for hiring a veteran, businesses may write off 40 percent of the first $6,000 paid to a veteran. The veteran needs to be out of the service for no more than five years, and must have spent at least 4 weeks of the previous year on unemployment.
Additionally, Senator Gillibrand is writing to the Assistant Secretary for the U.S. Department of Labor, Jane Oates, requesting that the Labor Department’s Web site be updated with current information about the Work Opportunity Tax Credit to make sure businesses and veterans know about the opportunities available to them.  
 
New Veterans Business Centers

Nationwide, 14 percent of all small businesses are owned by veterans. But like all entrepreneurs, veterans face the challenge of getting access to the capital they need to get new business ideas off the ground. To help give them the start-up money they need, Senator Gillibrand is introducing the Veterans’ Business Center Act of 2009 – legislation that would establish a national network of Veterans Business Centers (VBCs) to serve as a one-stop-shop for veterans trying to start a business.

Based on effective Women Business Center models, the new national network of VBCs would help veterans navigate federal grant programs to start new businesses, and offer expert guidance for veterans working to start or grow their businesses. The legislation would provide each VBC with up to $150,000 each year for up to five years, leveraging at least 50 percent from private investments or other sources.

The VBCs would be targeted for areas with high numbers of returning veterans with the ability to assist over 100,000 businesses nationwide within their first two years. Based on New York’s share of all small businesses, that means more than 10,000 businesses assisted in New York

Veterans Homeless Fund

Over 130,000 veterans are homeless, according to estimates from the Department of Veterans Affairs. With more and more veterans returning from Iraq and Afghanistan, and with the economic downfall keeping them out of the job market, veterans are at increasingly high risk of living in poverty and homelessness. In fact, according to a study by the National Alliance to End Homelessness, over 70,000 veterans recently home from Iraq and Afghanistan spend over half of their income on housing, despite not having access to a new job once they get home – putting them at extreme risk of going homeless.

To help give homeless veterans the resources they need, Senator Gillibrand is co-sponsoring legislation that would allow American taxpayers the opportunity to provide $3 of their taxes for homeless veterans by creating a new check-off box on federal tax returns, similar to the Presidential Election Campaign fund. 

The $3 check-box would not be required, but would simply give every taxpayer the chance to send some much-needed help to homeless veterans.

Jay Gsell can polish up his resume. Under "Genesee County Manager" he can add "Batavia Crime Fighter."

Gsell helped Batavia police capture an alleged car thief this morning.

Police received a report at 5:45 a.m. of an auto theft in progress at 310 Washington Ave. 

When police officers responded, they found the car partially in the roadway and abandoned.

Gsell was out for his morning run and saw a suspect jump over a fence near where the car was abandoned. Gsell provided police with a description of the suspect and then continued on his way.

A short time later, Gsell reportedly spotted the same man near the Richmond Memorial Library. He dialed 9-1-1.

Apprehended by police was Kyle Monroe (pictured). Monroe allegedly possessed the keys to the vehicle at the time of his arrest.

The same car was reported stolen twice before. The first time, on Oct. 29, the car was recovered in the area of the sand wash on Cedar Street. It was determined that keys were used to steal the car, but the keys were not recovered.

The same car was stolen again on Nov. 6.  It was recovered two days later on Holland Avenue. Again, investigators determined that keys were used to heist the vehicle, but again, the keys were not recovered.

After two thefts, the owner placed an anti-theft device on the steering wheel, which apparently helped thwart the third attempt.

Monroe was charged with criminal possession of stolen property and the investigation is ongoing. More charges may be filed.

The same suspect was arrested Oct. 24 in the Town of Batavia, according to police, when he was allegedly caught driving a different stolen vehicle. He was charged with criminal possession of stolen property in that case, as well.

UPDATE Wednesday, 8:27:  I asked Det. Rich Schauf if there was any link between Monroe and the car break-ins of the summer months, and whether the keys to the stolen car might have been taken during one of those break-ins.  Here is Det. Schauf's response:

The best we can tell is the keys were found and used while Monroe was (allegedly, ed.) illegally going “through” the car on the 29th, the first time the car was stolen. We do suspect he is one of the people involved in illegal car entries over the summer. At this point we do not have any conclusive evidence to link him to other illegal car entries.  Also, to answer one of the readers’ questions about Grand larceny. In this case the suspect was arrested for Criminal Possession of stolen property for possessing the keys to the car which were stolen. To prove Grand Larceny the person would need to be caught in the act of stealing the car or admitting to stealing it. Most often a person caught in a stolen car will not admit to stealing it. Unless it can be proven they stole the car, the  charge of criminal possession of stolen property may be used. Or if the element of “knowingly” possessed stolen property cannot be proved another charge of unauthorized use of a motor vehicle may apply.  Both Criminal Possession of stolen property fourth and Grand Larceny fourth are classified as E Felonies.

A passerby came to the aid of a Batavia Police officer today Friday when a patient of the VA Medical Center attacked him near Batavia Downs.

Officer Chris Camp responded to a report of a drunk man walking in traffic on Park Road, and when Camp arrived he observed a man standing in the road with a beverage container in his hand.

Camp approached the individual and asked him to leave the roadway. The man reportedly refused to move and without warning attacked Camp, grabbing his neck.

The officer defended himself and a nearby citizen also jumped in to help pull the alleged attacker off Camp.

Taken into custody for mental health evaluation was Paul Daly, 28, of 29 Waverly St., Cattaragus. Daly was later charged with assault in the second degree and disorderly conduct.

Camp was treated for his injuries and then finished his shift.

There may be gold in the hills between routes 5 and 63 on the east side of the Town of Batavia.

At least that's the impression left from this morning's groundbreaking for an agri-business park being made "shovel ready" under the guidance of the Genesee County Economic Development Center.

The $6 million project could lead to millions in revenue growth for the county, and as much as a $40 million annual payroll for as many as 1,200 workers.

The return on investment, according to GCEDC CEO Steve Hyde could be as much as 30-1 -- $30 gained in the local economy for every $1 spent on the project.

"This is a story of a vision that is really becoming reality," Hyde said.

Construction actually began two weeks ago and while only one Canadian food processor is among the future planned tenants, Hyde said he is confident several more companies will gain interest in the project once the economy turns around.

He said he expects future tenants to invest as much as $230 million in private capital to build their facilities.

He said the agri-business park is the first of its kind in the Northeast and brings together a confluence of factors that should be attractive -- inexpensive, easily accessed water, inexpensive power, a rail line and trucking routes.

The project is the result of GCEDC helping to bring together public and private funding to raise the $6 million to make the 200-acre park shovel ready (grading, building roads, bringing infrastructure), with contributors including the state and Town of Batavia as well as Farm Credit of Western New York.

New York Farm Bureau President Dean Norton (pictured, inset) called the project near and dear to his heart.

"It's a prime example of what state agencies and private groups can do when they get together and work for the betterment of agriculture," Norton said.

The individuals involved in starting a bonfire that apparently ignited a fire in Byron on Sunday night will not face criminal charges, according to the Sheriff's Office.

Chief Deputy Jerome Brewster sent this e-mail:

District Attorney Friedman recommended no prosecution. He stated that the actions surrounding the fire's start are not criminal in nature.

Previously:

• Last night's Byron fire under investigation by Sheriff's Office
• Back unit of apartment house in Byron gutted by fire
• Apartment fire reported in Byron