Oakfield

A former Oakfield-Alabama bus driver who pled guilty in April to criminal sexual conduct in the second degree for inappropriately touching a 13-year-old student was back in court this morning to receive a new sentence in the case.

Alan D. Tidd, 50, of 3191 Galloway Road, Batavia, initially received a "determinant" prison term of seven years. Under sentencing rules, this means a defendant is not eligible for release for "good behavior" or because the defendant is believed rehabilitated.

But the determinant sentence statute was passed until 2007, and Tidd's crime was reportedly committed in 2004.

Today, Judge Robert Noonan issued the maximum sentence available under 2004 rules, which is seven years, but Tidd could be released after two-and-a-third years.

Meanwhile, Tidd's guilty plea is under appeal. His attorney, Timothy Murphy, said outside of court that Tidd, who entered his plea only days after his arrest, felt rushed and pressured to plead guilty because he wanted to get out of jail in a hurry to care for his wife, who suffers from multiple sclerosis and is confined to a wheelchair.

Tidd, who has three children and a grandchild, has no prior criminal record.

UPDATE: To clarify the time line:

• The single criminal act charged dates to 2004
• The law on determinant sentencing changed in 2007
• Tidd was arrested in November, 2008
• Tidd plead guilty within days of his arrest, according to his attorney
• Sometime between November and April, his attorney filed a motion to withdraw the guilty plea.
• That motion was denied April 9, 2009.
• He was sentenced on that day in April to a determinant sentence of seven years.
• Today, he was resentenced to an indeterminate sentence of 2 and-a-third years to seven years (the maximum sentence available.)

Charges are pending against a driver involved in a one-car rollover accident that sent him to the hospital via Mercy Flight.

Harry L. Flatt, 64, of 3531 Fruit Ave., Medina, was driving on Lewiston Road north of Fisher Road in the Town of Oakfield on Friday at 10:41 p.m. when he apparently lost control of his car.

His car left the road on the east shoulder and then went into a ditch. Flatt apparently tried to steer back onto the roadway. The car struck a large concrete utility block, which caused the car to overturn.

No other information is available at this time. The nature of the pending charges were not specified in the Sheriff's Office press release.

Han Bakker is following the case of Oakfield resident Michael L. Jackson with keen interest.

Jackson is accused of breaking into Holland High Lift, 10033 East Road, Bethany, and causing a great deal of property damage and stealing equipment and a truck.

Bakker owns Holland High Lift.

"We estimate (the alleged burglar) did about $60,000 in damage," Bakker said.

And according to Bakker, chief suspect Jackson wasn't working alone. One other possible suspect left a cell phone under a desk and two women were captured on video tape.

Bakker doesn't understand why the District Attorney's office isn't prosecuting the other suspects. He said he was told the D.A.'s office doesn't think there is enough evidence against the other three suspects to charge them.

The Batavian left a message this afternoon with an Assistant D.A. seeking comment.

The group of people, according to Bakker, broke into his office building on April 11 and trashed the place. They broke glass windows in doors, apparently to help them gain entry into other rooms, even though the doors were unlocked.

Apparently, they used their own bodies to break the window. Investigators, according to Bakker, found a good deal of blood in the building.

One of the reasons the D.A.'s office was apparently slow to seek an indictment against Jackson was investigators were awaiting the results of DNA tests from a Monroe County lab. No word on whether the lab results are in yet.

Jackson is accused of stealing a 2005 Ford Supercab 250. Bakker claims that Jackson drove the truck out on South Swan, striking a tree before trying to run it into the creek. 

Jackson is currently out of jail on $10,000 bond.

Bakker is concerned that Jackson, who reportedly left the state after the investigation into the break-in began, will not consider the bond sufficient inducement to stay in the area while awaiting trial.

"I doubt will ever get repaid," Bakker said.

Michael L. Jackson, accused of burglary and grand larceny, got a "get out of jail" free card when the District Attorney's office did not seek a grand jury indictment within the prescribed 45 days.

Last week, an indictment was handed down and Jackson was taken into custody again. On Sept. 3, Jackson posted a $10,000 bond and is now free awaiting trial.

According to the indictment, Jackson is charged with a count of burglary in the third degree, two counts of grand larceny in the third degree, and two counts criminal mischief in the second degree.

A new charge also pops up: tampering with a witness in the fourth degree. Jackson allegedly went to the home of one of the witnesses and attempted to induce her not to testify before the Grand Jury.

Jackson, now an Oakfield resident, is accused breaking into Holland High Lift, 10033 East Road, Bethany. He allegedly stole a 42-inch Viewsonic flatscreen television, a Samsung 22-inch flatscreen television and a Sony digital camera. He also allegedly stole a 2005 Ford Supercab 250. Jackson also allegedly damaged an office window, a display case, light fixtures, drywall, a motorcycle, computer equipment and an overhead door. He also allegedly damaged the Ford truck.

Robert J. Eppolito is reportedly in trouble with the law again.

The name of Eppolito did not appear in The Batavian a few days ago when we reported about a couple allegedly caught in full embrace in a very public Oakfield Village parking lot, but after learning more about the incident, we decided to connect Eppolito's name to the arrest.

We were on the verge of a decision to release his name, when we heard about Eppolito's arrest last night for allegedly slamming a woman against a wall during an argument.  Eppolito also allegedly broke the woman's cell phone.

Eppolito, 27, of 1 North Pearl St., Oakfield, is charged with a felony count of criminal mischief in the third degree and harassment in the second degree. He was jailed on $2,500 bail.

In the Friday morning incident, according to a witness and in an answer to our inquiry with Sheriff Gary Maha, we are told that Eppolito and the woman were completely naked inside the car, their sexual activity easily observable by anybody in the area. The alleged incident occurred while people were in the village setting up for Labor Daze. Sheriff Maha tells us that the arresting officer said Eppolito "just didn't care" that the couple was in public.

Watching the Oakfield Labor Daze parade today, I realized that I can identify the stages of my life up to this point by my memories of the annual festivities. I remember being the little girl afraid of the firemen who walked by in masks - being told not to run to the middle of the road for the "far away" pieces of candy.

I used to be the girl who was checking out which boys got cuter over the summer, trying to work up the nerve to go talk to them before school started.

I marched in the Oakfield Marching Band lead by Mr. John Mikulski, my favorite teacher of all time. He used to crack jokes to keep our spirits up as we marched down Main Street. Our town will forever miss the joy he brought us.

I also worked the stands selling salt potatoes for the our senior class, hanging out with the soon-to-be graduates while we chatted about where our lives were going to take us.

Now, I'm watching it all from a distance, taking it all in as the memories come back to me.

It was an eventful parade this morning. The usual tractors, clowns, candy and firetrucks were there. Bands played their jazzy tunes and marched down the street. Strange bikes and vehicles were driven.

Animals were part of the fun, too. There were dogs and two horses in the parade. I'm sure that no one who saw it will forget the graphic display of urination by the mini horse right in front of the post office - let's just say it was another memory for those of us who were there and leave it at that...

Pie sales were in full swing when I visited the United Methodist Church.  Reverend Larry Eastlack was all smiles this morning, but admitted he wasn't the expert on pies.

"It's about how we share together. The fellowship of baking the pies and how we share them with the community is the best part..." said a woman from the church who declined to give her name.

"For a lot of people, the pies bring memories. How their grandmothers used to bake pies, which flavor they bought last year or making elderberry pies when they were younger..." she went on to say.

I'd have to agree. Every event at Labor Daze brings memories for me, whether it be ostrich burgers, deep fried Oreos, or even taking a turn in the bounce house. I'm certain that everyone who attends Labor Daze goes through the same memory lane experience each year. It's things like this event that make a small town a great place to live.

The 25th annual Oakfield Labor Daze gets under way at noon and will feature music, food, games and local arts and crafts.

The weather is expected to be as temparate and clear as a Southern Californian afternoon today and tomorrow (chance of rain on Monday).

Highlights of the weekend:

Today

2 to 3:00 p.m.: Bed Races-Bennett Avenue

6 to 10 p.m.: Battle of the Bands-Triangle Park

Tomorrow

Noon to 3 p.m.: Chicken BBQ-Methodist Church

1:45 to 3:45 p.m.: Charlotte Ritchie

6 to p.m. Joey T & The Formula

Monday

10:30 a.m.: Labor Daze Parade on Main Street

12:15 to 1 p.m.: O-A Jazz Band at Triangle Park

1 p.m.: Pie & Ice Cream at Oakfield United Methodist Church

2:45 to 4:45 p.m.: Craig Wilkins performs Johnny Cash Music

5:30 to to 9:30 p.m.: The Trolls

The weekend closes with a fireworks show at the school after the last performance.

For a complete schedule of events, click here.

A Genesee County couple was arrested at 8:30 a.m. and charged with public lewdness.

The couple was allegedly engaged in sexual intercourse in the parking lot of Santino's Pizza in Oakfield.

To save the couple further embarrassment, we're withholding the names, though they were released. The woman is 21 and from Le Roy. The man is 27 and from Oakfield.

Oakfield will not be holding a Community Worship Service this Sunday, normally a feature of its "Labor Daze" celebration, because the issue of gay marriage has caused a rift between churches there.

The Community Betterment Committee's Labor Daze officials, after discussions with Mayor Rick Pastecki and others, opted to cancel the 10:30 a.m. service at Triangle Park on Sunday to avoid any possibility of a "brouhaha," said festival co-chair Donna Dwyer.

The service has been part of the holiday weekend line-up for 24 years -- until now.

The situation devolved from a letter to the editor published in the Daily News on May 22 written by Rev. Larry Eastlack of Oakfield United Methodist Church. It stated that while most evangelical leaders are encouraging their congregations to oppose the "Marriage Equality Act," he differed. The legislation has been passed in several states and New York is considering it, too.

Eastlack's letter said that although most Christians believe homosexuality is incompatible with Biblical teachings, "I believe it is possible to stay true to your religious convictions, whatever they are, and still support legislation that would allow homosexual persons to enjoy all the rights and responsibilities that come with matrimony."

The reverend was unavailable for comment, but his letter created a veritable firestorm in the community and it's still smoldering.

The brigade against his views is led by fundamentalist pastors at Oakfield Community Bible Church, led by Bill Smith, and Mark Perkins, who leads the Oakfield Alabama Baptist Church. They've been coordinating the Community Worship Service for the past several years and wanted to exclude Eastlack from the Community Worship Service this year specifically because of his now publically known views on gay marriage.

(Leaders' "participation" amounts to sitting among other local church representatives and listening to a guest speaker's sermon. Cal Kern, president and general manager of a Christian sports team called Niagara Power Baseball, was scheduled this year.)

They asked to sit down with the reverend and Perkins said they, including Eastlack's associate Dave Phelps, discussed their views cordially and the meeting ended with Eastlack's decision not to participate if that meant creating more strife.

A letter prepared Aug. 10 by Perkins and Smith -- which amounts to an ultimatum to disavow gay marriage or else be shunned -- was given to Eastlack afterward "almost as an afterthought," said Perkins to emphasize the amiable tone at the meeting's conclusion.

The letter rejects the notion of gay marriage as a civil rights issue and the idea that homosexuality is determined genetically. It cites Scripture on the issue and urges Eastlack to change his stance, with this caveat:

"...our Elders have stated that having you take part (in the Sept. 6 service) would send a message to our community and respective congregations that 1. We are in agreement with your stance or 2. We are willing to pretend that unity exists."

The Labor Daze Community Worship Service was heretofore ecumenical in nature, according to residents. But Perkins said the public Sunday service is not supposed to be "a social feel-good message."

"It's meant to send a clear, Biblical Gospel message to people there who might not attend church or otherwise hear it," Perkins said.

The mayor finds the whole thing ugly.

"My personal feeling is that it just saddens me down to my soul," Pastecki said.

Sen. Michael Ranzenhofer and Assemblyman Steve Hawley today announced a new law that allows court proceedings for the towns of Elba, Oakfield and Batavia to be held at a single location, which will help save money.

Ranzenhofer says in a press release: “With the passage of the Shared Court Services legislation, the towns of Batavia, Elba and Oakfield have the opportunity to consolidate facilities to provide upgraded services and decrease costs. Residents ... will see savings on their tax bills by sharing one court facility. (This) reflects the willingness of the Elba, Batavia and Oakfield town supervisors to restructure local government to save money for taxpayers."

Hawley says: “We were pleased to facilitate the towns of Batavia, Elba and Oakfield’s request for this legislation. Helping localities streamline and consolidate their efforts -- resulting in more efficient operations while saving taxpayer dollars -- is indeed a positive reflection on the supervisors of the three towns."

All three adjoining towns expressed a need for upgraded court facilities. The new law amends the Uniform Justice Court Act to allow the court proceedings to be held either in the towns of Elba, Oakfield, Batavia or the city of Batavia. The facility must be approved by all three town boards. The law takes effect immediately.

“This is a good example of how a determined effort by community leaders and their respective staffs can provide a much needed and desirable benefit for the people they serve," said Batavia Town Supervisor Gregory Post.

"This partnership demonstrates efficiency in government with unlimited potential to expand benefits to local members of our population, as well as those who visit our VA campus or other attractions our area offers. The fact that so many elected entities can come together and set aside traditional boundaries to save tax dollars (holds) promise that our future here is bright."

Elba Town Supervisor Lucine Kauffman said: "The Town of Elba sees this proposed shared courthouse facility as an innovative way to meet our courtroom safety and functional needs while saving the taxpayers' money. This bill allows us to pursue the shared facility project and improve service to our communities."

In a rare turn of events, a man charged with multiple felonies is being released from jail today because the District Attorney's office did not bring his case to the Grand Jury in a timely manner.

Michael L. Jackson, Jr. still faces two counts of grand larceny, a count of burglary and a count of criminal mischief stemming from an alleged break-in at Holland High Lift building in Bethany on April 11, but Judge Robert Noonan released him this afternoon from Genesee County Jail, where he was held on $25,000 bail.

The D.A.'s office had 45 days to seek an indictment from the Grand Jury, but as Asst. D.A. Will Zickl explained to Noonan, the D.A.'s office has been waiting for DNA-match results from a Monroe County criminal lab.

Zickl argued that the DNA evidence could potentially make for a stronger case to bring to the grand jury, but it also could be exculpatory and be "to the defendant's benefit."  There have been requests sent to the lab to quickly finish the tests, but to date, no results have been received.

(Presumably, there was DNA evidence collected at the scene of the alleged crime. Zickl said Jackson submitted to a mouth swab at the time of his arrest.)

There were also ongoing negotiations for a plea bargain, Zickl said, which kept open the possibility of a plea without the necessity of a Grand Jury indictment.

Defense Attorney Gary Horton said he was aware of only one plea bargain offer from the D.A.'s office, and that offer was immediately rejected by Jackson.

Horton contended that there was nothing preventing the D.A.'s office from presenting the case to the Grand Jury at any time.

"There was probable cause for an arrest," Horton said. "If that probable cause appears sufficient for an arrest, then presumably it rises to the same level of proof for a Grand Jury."

Zickl also argued that Jackson is a significant flight risk. He allegedly left the state immediately after the alleged crime was committed, but Horton countered that Jackson didn't know he was a suspect in the case at the time and that he returned to New York voluntarily.

Noonan said the issue before him wasn't about DNA, it was whether the people could have presented the case, and he saw no reason the people couldn't have proceeded.

Jackson indicated that upon release he had a place to stay in Oakfield.

Jackson is accused of damaging parts worth $1,500 and stealing items worth at least $8,000 and a pickup truck valued at $19,000.

Michael C. Buzzell, 31, 26 Main St., Oakfield, is started with stalking and menacing following an incident outside the County Courthouse yesterday afternoon. Buzzell allegedly threatened another person in the parking lot of the court facility around 12:15 p.m. He and the other person were apparently appearing in court yesterday on the same matter. The alleged victim reports being threatened repeatedly by Buzzell. Buzzell was taken into custody at 4:42 p.m.

Lynn Desiree Bettilyon, 21, of 749 Washington St., Spencerport, is charged with attempt to evade or defeat tax and possession of untaxed cigarettes. Bettilyon was stopped for allegedly speeding in the Town of Alabama. She was allegedly traveling at 51 mph in a 40 mph zone. Deputy Tim Wescott investigated and allegedly found her in possession of 400 untaxed cigarettes. Bettilyon was also issued citations for unlicensed driving and driving left of pavement marking.

The word tragedy is loosely defined as “when bad things happen to good people.” The Fitzsimmons family lost all their possessions and their home in Oakfield on July 30. Luckily, Steve, Alicia and their two boys, Collin, 16, and Tyler, 11, escaped the blaze with their lives.

“When it was over, they literally had nothing but the clothes on their backs...the kids didn’t even have shoes on their feet,” said Tracine Lundmark, a friend of Alicia's.

Lundmark was at the scene the night of the fire and said: “We were all just glad that everyone was alright. I kept telling her that things can be replaced – it’s family that matters.”

The house on Maple Avenue was a point of pride for the Fitzsimmons – they had revamped every room in their home except one. Even the firefighters that night commented on their immaculate backyard, but Alicia was only concerned about her family. “We’re all ok," Tracine said her friend kept repeating, “We’re all ok.”

One of the only things that survived the flames is Alicia's MP3 player. She had just added all her favorite songs and put it in a drawer in the kitchen.

“It’s like God knew she needed some comfort to get her through all this, so he let her have her music," Tracine said with tears in her eyes.

Tragedy can strike at any time – even on a quiet evening at home. Alicia said she left the bathroom that evening to see a haze in the hallway. She thought the smoke from the grill had somehow gotten in the house, so she went to the bedroom to investigate. When she saw the fire, she yelled for Steve and they tried to put it out and called 911.

About 45 minutes into the blaze, Tracine said it was apparent that the house would be a total loss: “When they start knocking down walls and tearing things up with an overhaul… you know there won’t be a house left.”

For now, the Fitzsimmons family is staying with Alicia's mother in Bergen, but they’re looking for a temporary apartment in Oakfield. They don’t want to let this awful turn of events uproot them from their community, especially since Collin will be entering his senior year at Oakfield-Alabama Central School.

The community is working hard to help the family get back on their feet, too. Tracine and her daughter made “spare change buckets” to put throughout the town for people to “give what they can in this economy.” Buckets can be found in the local churches, Yellow Goose, Santino’s, Ally’s Cones and Dogs and the Oakfield Pharmacy.

When Tracine gave Alicia the first round of donations, she said Alicia got teary and asked quietly, “How can I possibly thank everyone?”

Alicia and her family are grateful for their lives, all the genorosity they've been shown, and for everyone's thoughts and prayers.  She says that Tracine has truly been an angel.  She also wants to thank Matt and Debbie Maritan, the Chase family, Mandy McAvoy, their neighbors, the Barnes (for the walmart gift card and the Nintendo DS for Tyler) and the Oakfield community.

She says:

"These are just a few of the people who have been so giving and willing to do as much as they can for us. We are eternally grateful to everyone who has helped us out. Complete strangers have been so kind and giving. It's amazing how this community and even people outside the community have been so selfless, and willing to do something for a family they don't even know. God bless them all." 

A house fire has been reported in Oakfield.

The initial call reported heavy smoke and sparks in the attic.

I don't have the address at this time.  A reader says it's: 10 Irving Parkway.

The fire is reported under control.

It's true, there is a house falling down in the Town of Oakfield and -- if all goes according to law -- it will only be a bad memory come Aug. 21.

Local authorities gave Thomas Capwell until then to tear down the delapidated house he owns on Fisher Road and he has agreed to do so.

His promise was made at Tuesday night's Town Council meeting after members had already voted on the matter.

Capwell arrived a half hour into the meeting. By then, the council had set the tear-down date and -- on a motion made by Councilman Michael Cianfrini seconded by Councilman Tim Kabel -- voted to have a town crew do the job at the owner's expense if the deadline is not met.

They also agreed to allow a maximum of 30 days to remove the debris.

Before voting, some council members expressed skepticism that Capwell would comply in a timely fashion. It's not like this is a new issue.

Oakfield code enforcer Tom Smith said the house was posted back in 2006 as "uninhabitable." But he also noted that it was built before some codes existed or were enforced.

According to Ritchie Kirkum Jr, the house has been in seriously bad repair for quite some time now.

"I fully intend to take it down and clean it up," Capwell told the Town Council, although he expressed concern about being given only 30 days to haul away the debris.

Oakfield-Alabama Central School has $6 million to spend on building repairs, new technology and safety measures for its students, thanks to an EXCEL grant they got four years ago.

“The best part is, there is literally no (additional cost) to the taxpayer…” said Christopher Todd, OA superintendent. “We will not go over our $6 million dollar cap – although we plan to get as close as we can.”

First, OA will spruce up the memorial site in the front of the building. A light will illuminate the flag and new greenery will make the site more eye-catching.

Part of the grant money has been dedicated to making the schools more energy efficient, so new heating/AC units were installed in the elementary school. The new units will also be cheaper to maintain if they happen to break or need repairs. “Here at OA, we like to make sure our kids are cool!” joked Todd.

Parents will have no reason to sweat this year when it comes to the safety of the students during school hours. New doors were installed in the lobbies of both the elementary and high schools – doors that will only open if visitors are approved and buzzed in. The offices in both schools have been remodeled to make this an easy process. (Below is the new elementary school office.)

The biggest changes that affect parents of OA students are the drop-off zones for each school. At the elementary drop-off, parents and their children won’t have to avoid the giant puddle of water that seemed to always form directly in front of the school. The drainage system will be repaired before the beginning of the school year. (When this picture was taken, it hadn't rained for about two days.)

 The drop-off system at the high school has been improved as well. Since the Department of Transportation mandated that the school move its main entrance, parents have the front of the building all to themselves. That includes the new three-lane roadway that extends across what used to be the school’s front lawn.

“It will be much easier for parents to make quick drop-offs, it will keep traffic off the main road, and they won’t have to interfere with the buses' drop-offs either,” explained Todd.

So where will the buses load and unload their students if they’re no longer at the front of the building? Well, it’s hard to see from the road, but behind the middle school there will be a new circle for buses only. There used to be a small administrative parking lot in that area.

“I told [fellow administrators] they couldn’t complain, because I’m losing my parking spot too!” laughed Todd, “I’ll be parking way out there!” he said gesturing toward the far end of the student parking lot.

Also, another roadway will stem from the new bus circle and head straight back for the football fields to a small handicapped parking lot. 

Athletes in OA will benefit from this grant too. The football fields will have new lights, the track will be resurfaced, and ball fields will get new clay and dirt skins called “baseball mix." Plus, a few machines in the fitness center are being leased – they’ll be easier to replace if they happen to break or need repairs.

Physical activity is important to elementary students too, so they’ll be getting a new playground behind the cafeteria. All the pieces have arrived, but the playground itself may not be finished before school begins. All other construction is scheduled to be finished by the time school starts next month.