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If Craig Lawson had been properly escorted from the concert venue the night Kid Rock played Darien Lake a year ago July, alleges a Buffalo attorney, he never would have been able to deliver a devastating, life-altering sucker punch to Jason McNeil.

The punch took away the life Jason and his wife Pamela and their two children once knew in Tuscaloosa, Ala.

McNeil, 44, needs constant care after suffering serious head trauma as a result of the punch.

And he wasn't even Lawson's intended victim.

A federal lawsuit filed on behalf of the McNeils will attempt to determine to what degree concert promoter Live Nation and concert host Darien Lake Theme Park is responsible for that punch.

The McNeils are seeking $150 million in damages.

The suit alleges other factors that contributed to McNeil's injuries, said attorney Donald Chiari, but at the heart of it is how Live Nation security handled Lawson after the decision had been made to eject him from the venue for being drunk and disorderly.

Lawson was taken to the concert venue gate (possibly the one known as South PAC), but the guard never completed the task of actually getting Lawson out the gate, Chiari said. If he had, there were security guards in place to keep him out of the venue.

There also would have been a fence between Lawson and the VIP gate, where McNeil was exiting the concert with Pamela.

While a Live Nation guard was taking Lawson to the gate, a person he had been in a confrontation with Lawson inside the venue was supposed to be leaving through the VIP gate.

That person wasn't McNeil.

With Lawson allegedly left unattended for a couple of minutes inside the concert venue, the 34-year-old Canadian ran over to the VIP gate, and in a case of mistaken identity, cold-cocked McNeil.

The punch delivered to a person he had no prior contact with is a fact Lawson admitted during his sentencing Aug. 18. He's currently serving a year in the Genesee County Jail on the assault charge.

McNeil was knocked out before his head hit the ground. He was in a coma by the time he arrived via Mercy Flight to ECMC and has required several surgeries and extended hospitalization since. He has suffered loss of speech; ability to read and write; and comprehend what people are saying; and the ability to walk.

The same security guard who allegedly failed to get Lawson out of the gate was one of the first on scene after the punch was thrown, Chiari said.

"The guard got there and said, 'Oh, my God, I was just throwing you out two-and-half minutes ago,' Chiari said, "that's literally in his statement."

It's not unusual -- as anybody knows who regularly reads arrest reports from concerts at Darien Lake -- for patrons to be ejected from the venue and then later try to return. There are frequent trespassing arrests at Darien Lake concerts. 

Chiari said the unique issue in this case is the alleged failure to follow through on getting a disorderly patron out of the concert venue so other patrons are properly protected.

"No premise's owner or any security is an absolute insurer of safety of third parties, but they still have to do what is reasonable," Chiari said.

The suit names as defendants Live Nation in its at least 10 various incorporations, Darien Lake (by three different corporate names), Craig Lawson, and the company, Contemporary Services Corporation, Live Nation contracts with for security personnel and training.

Not named in the suit is Kid Rock or the Genesee County Sheriff's Office.

Chiari said there is no plan to include the county in the suit.  

Live Nation pays for Sheriff's deputies to provide law enforcement on concert nights, but deputies do not enter the concert venue and from Chiari's description of events, it appears everything leading up to the punch happened within the venue.

The Washington Post recently published a story about the growing rowdiness and disorderly behavior at country music concerts nationally. It's not just a Darien Lake thing. Many contemporary music acts seem to encourage excessive drinking and concerts are often preceded by tailgate parties were copious amounts of booze are consumed.

The suit also names as co-defendants SMG Food and Beverage, and Aramark Sports and Entertainment Services, stating those companies were the vendors of alcoholic beverages the night of the concert. The suit alleges the vendors unlawfully sold alcohol to an already intoxicated Craig Lawson.

This afternoon, The Batavian requested comment from both Live Nation and Darien Lake and have not as of yet received a response.

UPDATE: This from a spokesperson with Live Nation: "We cannot comment on pending litigation."

UPDATE: We received this from Darien Lake: "Darien Lake confirms that on August 29, a civil lawsuit was filed by the family of Jason McNeil. As a matter of policy, we cannot comment on pending litigation." - Rod Rankin, General Manager, Darien Lake

A proposal to build as many as 136 apartment units on West Main Street Road was rejected Thursday by the Genesee County Planning Board on a 5-3 vote.

Planners expressed concern about increased traffic on West Main, school bus access, the use of tax credits for construction, and the potential to draw residents from existing landlords in the City of Batavia.

Andrew Crossed, in the dark suit, a VP with Conifer Realty in Rochester, said the proposed apartments would be marketed to people earning from $24,000 to $45,000 a year and no Section 8 housing would be included.

The state grants sought for the project would be part of a workforce development program, and while the grants might help make rents lower, the project is not dependent on the grants, he said.

Crossed and Civil Engineer Jess Sudol (in blue shirt) both said their own market studies and independent market studies show there is a tremendous unmet demand in Batavia for middle-income apartments.

Crossed said Conifer has built this same project in Canandaigua, other parts of New York, and in other states.

"It's our flagship product," he said.

The development includes such amenities as a weight room, laundry, recreation area and is about 50-percent green space.

The proposed location, on nearly 22 acres, is approximately across the street from Genesee Feeds Pudgies, creating a bit of a horseshoe around Scooter's Restaurant and not far from Kiwanis Park (which is on the opposite side of the street).

The area is zoned commercial, not residential, which was also one of the issues of concern for board members.

The rejection doesn't necessarily kill the project. The Town of Batavia's planning board could still approve it with a majority-plus-one vote, but Crossed said there would be a company meeting before Conifer decides whether to proceed with development.

"I can't say at this time," he said.

County planners took a dim view of a new Dunkin' Donuts location on West Main Street, on a sliver of a lot between First Niagara Bank and Barrett's Batavia Marine.

After raising doubts about traffic flow, parking, parking for neighboring businesses, signage, building color and design, a motion to approve the project failed 3-5.

There was no follow-up motion to disapprove the project, which is a little more favorable to developer Kip Finley (pictured above). A disapproving vote would have required the City of Batavia Planning Board to approve the plans by a majority plus one. With no recommendation from the county, only a simple majority vote is required for approval.

Still, Finley wasn't happy as he left the meeting.

"Unfortunately, county planning talks about reusing property and building where there's development and not forcing development out into green areas, except they don't vote that way," Finally said. "Fairly disappointed."

Finley acknowledged there's a lot of traffic at the proposed location, but "that's where we put stores."

Planners were concerned that traffic would back up onto the street.

The City had already asked for a lot configuration so that as many as 20 cars could queue up in line, but Finley said that if a Dunkin Donuts store ever had as many as seven cars waiting in line, it would mean the store was a poorly run location.

He said store managers strive to keep traffic moving quickly because many customers won't even stop if they see a few cars already in line.

Planning staff expressed concern about signs in front of the building because of the potential visual impact on Redfield Parkway, which is designated "culturally significant" street by the Genesee-Finger Lakes Regional NYS DOT.

The problem for the proposed Dunkin' Donuts location, Finley said is that with the bank and its trees on the east side and Barrett's on the west side, signs on the sides of building won't have much visibility.

He also said the sign needs to be internally lit to have any meaningful impact on drawing in visitors who might be passing through and are unfamiliar with the area.

Frank and Jamie Stanton want to host truck mud bog races and truck mud tug-of-wars on their seven-acre property in Bethany.

County Planning Board members said they think it's a great idea.

"It sounds like a lot of fun," one board member said.

But the Stantons need to write up a more detailed plan to get a special use permit.

"It's not just to protect the town, but to protect you," said Board Member Lucine Kauffman.

A site use plan should detail all of the activities and uses, so if some future neighbor complains, code enforcement can just pull the plan and tell whether the use was approved or not.

That includes amplified, recorded music, which is part of Stanton's plan.

While the board recommended disapproval of the special use permit, board members emphatically urged Frank Stanton to return with a detailed plan.

For this application, Stanton's plan consisted of a single sheet of a handwritten description of what he plans to do.

Stanton said no more than 300 people turn up to the events, in no more than 50 vehicles, and activities start around 11 a.m. and end at dark.

"They have to," Stanton said. "Mud trucks don't have lights."

There will be two events per month from April through October.

Stanton will also need DEC permits for water drainage.

The property is located at 9832 Bethany Center Road.

A 17-year-old student was accused of causing a disturbance at Batavia High School earlier this week and as a result was arrested by police.

The youth was allegedly disruptive, yelling and using abusive and obscene language while in the presense of the student body in the cafeteria at lunch.

He was charged with disorderly conduct.

The incident was reported at noon, Tuesday.

The arrest is the first reported at the school this year.

Last year, working with Batavia PD, school officials decided to take a more law enforcement-oriented approach with disruptive behavior, especially fighting. The approach greatly reduced problem incidents at the school, officials said.

Previously: The potential for arrest has dramatically reduced fighting at BHS, school officials say

Should Obama seek congressional approval for military action against ISIS?

New York Times: Legal Authority for Fighting ISIS

Press release:

The Genesee County Economic Development Center (GCEDC) and Muller Quaker Dairy are the recipients of the 2014 Northeastern Economic Developers Association (NEDA) Project of the Year Award. The award was formally presented to both entities at NEDA’s Annual Conference on Monday, Sept. 8th in Worcester, Mass.

GCEDC was recognized for fostering the development of the 250-acre Genesee Valley Agri-Business Park in Batavia, which has generated more than $230 million of new capital investment as well as the creation of approximately 230 jobs. NEDA also recognized Muller Quaker Dairy, a $206 million state-of-the-art yogurt manufacturing facility, which employs almost 200 people in the Agri-Business Park in the competitive $6.2 billion U.S. yogurt marketplace.

“On behalf of the GCEDC Board of Directors and staff we are honored to be recognized by NEDA,” said Steve Hyde, president and CEO of the GCEDC. “I want to thank Governor Cuomo for his personal commitment in bringing Muller Quaker Dairy to Western New York and his tireless efforts to improve the economic development climate throughout Upstate New York.”

Muller Quaker Dairy is projected to have a regional impact of approximately $150 million annually on the local agriculture, hospitality and business services sectors. Indirect job creation is projected to add another 750 workers to the regional labor force.

“This project is a great example of public and private sector collaboration especially in significantly compressing the timeline for various government approvals,” said Chris Suozzi, vice president for business development at the GCEDC. “Through the collaboration with Empire State Development, the Greater Rochester Enterprise the Buffalo Niagara Enterprise, National Grid, Genesee County, as well as the City and Town of Batavia, we were able to make the case that Batavia and the Agri-Business Park was the perfect location for Muller Quaker Dairy."

Muller Quaker Dairy is a joint venture between one of Europe’s largest dairy processors, Germany-based Theo Muller and New York-based PepsiCo. It is the largest manufacturing plant ever to open in Genesee County.

The NEDA Project of the Year award recognizes a major economic development project based on job creation and other direct economic impacts; capital investment; leveraging of development resources; use of public/private and/or intergovernmental partnerships; benefits to the surrounding community and/or environment; innovation; design excellence; and transportation considerations.

Earlier today, we told you about Schoen LaBombard, the former Batavia resident who bilked several local businesses out of more than $27,000 with a phony story about a chance to drive a bobsled in the Olympics.

This afternoon, we learned that LaBombard still owes more than $15,000 in restitution from the 1994 conviction.

Because of the outstanding restitution, Judge Eric Adams signed a warrant for LaBombard's arrest April 21.

Adams, normally a Family Court judge, is handling the case because Robert C. Noonan was the county prosecutor in 1994.

The warrant may be the one a Florida TV station said is the reason LaBombard is being held by authorities in Daytona Beach after he allegedly pulled a scam to get free food, a free hotel room and $500 by impersonating a Navy Seal.

The ruse was uncovered after LaBombard, who was going by the name Alex Seppi, broke his leg and hotel employees found his correct ID in his hotel room.

No word on when LaBombard might be returned to Genesee County custody. He allegedly hasn't made a restitution payment since 2007.

Sean Vickers, convicted at trial of molesting five children in Batavia, was sentenced today by Judge Robert C. Noonan to 107 years in state prison.

"I agree with the prosecution in this case," Noonan said. "I see no reason to impose anything less than the maximum available terms under the law."

Vickers received 25 years each on his conviction of the first four counts of the indictment against him and a seven-year sentence on count five, plus a couple of decades of post-release supervision (at which point he would be 152 years old if still alive).

On July 31, a jury found Vickers guilty of two counts of sodomy in the first degree, two counts of criminal sexual act in the first degree and sexual abuse in the first degree.

One of the child victims, who was in court today for the sentencing, had Det. Kevin Czora read a statement for him prior to sentencing.

"Sean came to my house and took me to fun places and bought us candy," read the boy's statement. "I called him Uncle Sean. He hurt me. I want him to go to prison for a lifetime."

The mother of a victim also had a statement read by Erin Martin of the Child Advocacy Center.

She said that Vickers hurt her family and her children tremendously.

"Sean did not take into account what he was doing or how it would effect the kids," read the statement. "I don't think you should take into account Sean's feeling in his sentence, because he was only thinking of himself when he hurt my son."

In August, Vickers accepted a plea deal in Niagara County for molesting the same three boys. He entered a guilty plea to three felonies in exchange for a 20-year sentencing cap.

The 20 years, once imposed at a Sept. 26 hearing, and will be served concurrently with the Genesee County sentence. It will also stand even if the Genesee County conviction is overturned on appeal.

Public Defender Jerry Ader indicated in court today that an appeal will be filed and did not make a statement regarding sentencing on his client's behalf.

Vickers also made no statement.

District Attorney Lawrence Friedman noted that the plea offer extended to Vickers in Genesee County before the trial would have offered a 40-year prison term, but Vickers turned it down.

"If the crimes he's convicted of are not horrific enough, we know he sexually assaulted at least five other boys," Friedman said. "We know that's not all. We know that he has a history of pedophilia that goes back decades, literally decades. There are victims of his crimes who have come forward that occurred so far back that they can't be prosecuted under the statute of limitations."

Noonan said the mother of one of his victims from Monroe County was in the courtroom today because she's been tracking Vickers for 24 years.

"She's here to see the justice is finally done," Friedman said.

Noonan opened his brief statement about the 107-year sentence he was about to impose by saying, "This case is the worst one I've ever had. I've been in the criminal justice system for 40 years both as a prosecutor and a judge and I've never had anybody who has been prolific a predator as you have been Mr. Vickers."

The Batavia PTSD Peer Support Volunteers led a 9/11 remembrance ceremony at the VA Center this morning.

Participating were local veterans and the Batavia police and fire departments.

The event honored those who lost their lives on Sept. 11, 2001, and those who have died or gone missing in action in American wars.

Michael Robert Sigl, 22, of Pratt Road, Batavia, is charged with five counts of criminal possession of a forged instrument, 2nd. Sigl allegedly stole some of a neighbor's checks, forged them and cashed them at banks in the City of Batavia. He was jailed on $10,000 bail.

Jamie Renae Wilkins, 37, of Route 31, Holley, is charged with unlicensed operation of a motor vehicle, 3rd, and driving a vehicle with a suspended registration. Wilkins was stopped for an alleged traffic violation at 5:08 p.m. Monday on Route 77 in Alabama by Deputy Joseph Corona. Wilkins was jailed on $250 cash bail or $500 bond.

A Batavia man who once scammed local business owners out of more than $27,000 was allegedly caught this week in Daytona Beach, Fla., impersonating a Navy Seal.

The alleged scam enabled Schoen LaBombard to enjoy free meals, a free hotel room and a $500 loan.

It was only after LaBombard broke his leg while frolicking with his new friends that the scam was uncovered by hotel employees.  

The folks in Daytona Beach knew him as Alex Seppi, but while he was in the hospital, employees entered his hotel room to secure personal items on his behalf and found an identification with his real name.

There was apparently another person assisting LaBombard in the alleged scam. At one point, a manager spoke with a person who identified himself as Seppi's Navy Seal commander.

At this point, LaBombard is not facing charges in Daytona Beach, but he is in custody on a warrant out of New York (the jurisdiction is not specified in this WESH story). 

For the 1994-era scam in Batavia, LaBombard was required to pay restitution. According to news reports in 2004, he paid about $7,000, but there was still $20,000 outstanding. It's unclear if he ever completed payments.

In that case, LaBombard represented himself as a promising bobsled driver with Olympic dreams and convinced local business owners to donate money to help him pursue his dream. It turned out, he was not on the Olympic bobsled team, though he was a member of the federation.

His criminal history includes stints in prison for forgery and grand larceny, with convictions in Essex County and Albany County.

In Albany, he was once accused of impersonating a police officer to scam a prostitute out of money. According to another news report on that arrest (no link available), he was also accused of stealing more than $8,000 from business partners in the Albany area. He also accused of burglarizing his grandmother's house and stealing checks.

In 2012, the Albany Times Union ran a laudatory story about LaBombard about how he was turning his life around, getting off drugs, and leading a casting call for a reality TV series called "The Comebacks."

To help restore depleted funds in the Reis Memorial Scholarship, community volunteers hosted a casino night fundraiser at the South Byron Fire Hall this past weekend.

Members of the Reis family lost their lives in a fire in Byron on May 19, 2008.

The night's live auction included selling an apple pie made by Jean Allyn, grandmother of the three Reis children, Ginny, Emily and Tim, and mother to Cheryl Reis, who died in the fire.

The fundraiser included a basket auction with 32 baskets available.

The scholarship was formed in 2013 to reestablish a fund that was depleted in 2012. The annual scholarship awards $1,000 to a graduating senior from Byron-Bergen who demonstrates both academic merit and the admired characteristics of the Reis children. The 2013 recipient of the award was Kim Lovett, who is attending Nazareth College to pursue a degree in Physical Therapy. 

The success of successive fundraisers by the foundation enabled the group to provide financial assistance to former community members whose home was destroyed in a fire this year.

Sponsors this year included: Dewey Produce, Stafford Painters. Ray and Jean Allen, Kircher Construction, Inc., Roberts Accounting, Ernie and Wendy Haywood, Crazy Cheap Cars, NAPA Auto Parts - Bergen , WNY Concerete, Pudgie’s Lawn and Landscape.

Info and photo submitted by Jon Flannery.

City firefighters rescued three people trapped in an apartment during an early morning fire at 2 Lewis Place.

The fire was put out quickly, but upon arriving at scene at 1:30 a.m., firefighters had to first use a ladder to a second-floor window to rescue two adults and one child.

City police officers got two other adults out of the lower apartment.

The cause of the fire is still under investigation.

The fire was in the second-floor apartment.

The fire went to a second alarm because of the potential for the fire to spread into the attic of the row of apartments on Lewis Place. Town of Batavia fire was put on standby. Alexander's FAST team was requested to the scene. Darien fire was requested for their air bottle refill capabilities. Mercy EMS was on scene on standby.

Before other units arrived, they were told to back down from an emergency response because the fire was knocked down.

Four adults and one child were provided temporary housing by Red Cross.

City fire was back in service at 3:45 a.m.

Photo: Photo submitted by Kameko Barlog.

(Initial Post)

Should Roger Goodell resign or be fired as NFL commissioner?

Washington Post: Roger Goodell said to be adamant he won’t resign in wake of Ray Rice video firestorm

Press release:

Congressman Chris Collins (NY-27) released the following statement after the President’s address laying out his strategy to eliminate the ISIS threat.

“It is clear, we cannot allow for the same mistakes that have gotten us into this situation,” Congressman Collins said. “The current events in Iraq and Syria prove the absence of American leadership enables and emboldens our enemies, and puts our country and citizens at risk. I fully support actions to eliminate the threat posed by ISIS and protect our citizens at home and abroad.”

It looks like Dashawn Butler will get his day in court.

So far, Butler has turned down a plea offer to reduce the top charge against him from a Class C violent felony to a Class D violent felony, so today, Judge Robert C. Noonan set a trial date for Butler of Nov. 17.

Butler still has until Oct. 8 to accept the plea, under Noonan's plea-cut off rules.

The Batavia resident is charged with 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. He's also accused of firing a weapon at another person Sept. 27 on State Street.

Noonan ruled against the defense on a motion to have the charges dismissed. Defense attorney Thomas Burns argued in a hearing two weeks ago that Batavia PD didn't exercise due diligence in trying to locate Butler after a warrant was issued for his arrest in October. That lack of due diligence violated Butler's right to a speedy trial, Burns said. Noonan found that there was not enough evidence that BPD did not try to locate Butler in a timely manner.

The plea offer from District Attorney Lawrence Friedman was unconditional, meaning Noonan would have all the sentencing options available for a person convicted of a Class D violent felony, including a lengthy prison term.

Le Roy's town supervisor, arrested a little more than a year ago on a harassment charge stemming from a dispute with a neighboring property owner, has been granted an opportunity to have the criminal charges dismissed.

Known as "adjudication in contemplation of dismissal" (commonly, ACD), the determination does not include a guilty plea, but does require Supervisor Steve Barbeau to avoid criminal contact with the police for six months.

Barbeau's case was prosecuted by Assistant District Attorney Will Zickl in Bethany Town Court.

While Barbeau was originally arrested on a charge of harassment, the criminal charge was later upgraded to include third-degree assault because of the extent of the injuries suffered by the victim, Peter McQuillen.

ACDs are common in misdemeanor cases involving defendants with a long history of avoiding trouble with the law.

As part of the plea deal, Barbeau was required to pay restitution to McQuillen in advance for medical expenses and lost wages.

The agreement was finalized last month, Zickl said.

The confrontation 13 months ago on McQuillen's property behind Barbeau's residence in the Village of Le Roy stemmed from a long-standing feud related to McQuillen trying to develop the 13-acre parcel.  

Barbeau was part of a successful lawsuit that killed McQuillen's "Robbins Nest" development.

At the time of the confrontation, McQuillen was constructing a red storage shed as close to Barbeau's property line as possible.

The construction of the shed, as well as McQuillen's construction and planned construction of duplexes in the subdivision known as Presidential Acres, are the subject of a second lawsuit that is still pending.

Barbeau is not a party to the second lawsuit, though most of his neighbors are.

Previously:

• Town of Le Roy supervisor arrested following alleged incident with neighbor
• Barbeau and McQuillen feud building for months
• McQuillen plans to build house on 13-acre lot off Robbins Road, so barn stays
• Residents of Presidential Acres in Le Roy pursuing new suit to stop duplex development

The skeletal remains from a residence on Seneca Avenue, Batavia, have been identified as male, 17 to 25 years of age and of Native American ancestry, Batavia PD said in a statement today.

The findings are consistent with what police were originally told by the resident who contacted BPD, that a relative had located the remains in Letchworth State Park in the 1950s while hunting for arrowheads.

The Tonawanda Seneca Nation has been contacted. The remains will receive a proper burial by the tribe.

Det. Kevin Czora led the investigation into the remains, which included numerous interviews and an examination of the remains by anthropological scientists. 

There is no evidence of injury to the individual and the remains were likely buried in the park for an extended period of time.

On a follow up to her request for smaller monthly restitution payments, Jacquetta Simmons showed up without the two things Judge Robert C. Noonan said she needed today: An attorney and a certified financial statement.

Noonan lectured her briefly on the need to have a proper financial statement, said that he wants to get restitution payments started in this case, and then gave her until Sept. 16 to get her documents together.

And perhaps show up with an attorney.

What Simmons arrived with in court today was a handwritten statement on a blue-lined piece of notebook paper.

"Ms. Simmons, what we need from you is a sworn statement of income and expenses for you and each person in your household," Noonan said. "We need an itemization of all the things you've done while looking for work, not just your conclusionary statement saying you can't find work."

When her case was called, Simmons ambled to the defense table dressed in faded blue jeans and a white T-shirt holding her piece of paper.

Asked about her attorney, Simmons told Noonan that she was under the impression that Key would be in court with her today, and that she spoke with Key after her Aug. 26 court appearance.

In June, the Buffalo News published a report about Key moving from the Buffalo area. His Web site says his office is located in Buffalo.

So when Simmons said she had spoke with him since August, Noonan expressed some surprise.

"Really?" Noonan said. "I thought he left town before that. Perhaps he kept the same cell phone."

Noonan told Simmons she could appear Sept. 16 with or without an attorney. "It's your choice," he said.

Simmons is under court order to make $100 monthly payments in restitution for $2,000 in medical expenses to Grace Souzzi, whom she punched in the face Christmas Eve 2011 after Souzzi asked for a receipt for items Simmons and her brother had purchased earlier at Walmart.

Because she's not working, Simmons has asked that the amount of monthly payments be reduced.

After the brief hearing, Simmons turned from the bench and walked away, mumbling something under her breath.