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Changes in state law about when and how defense attorneys receive evidence in criminal cases are going to create a greater burden on police and drive up costs for the City and the County, members of the City Council were told Monday night.

City Attorney George Van Nest and Police Chief Shawn Heubusch made about a 40-minute presentation on changes to the rules around what is called "discovery" -- the prosecution turning over evidence and information to the defense -- and bail reform.

"What happened is the legislature passed, and the governor signed, a new form of Section 245 of that criminal procedure law," Van Nest said. "What it did is dramatically change the manner in which criminal discovery is handled in New York State effective January 1, 2020."

Under the current system, once a defendant is charged, a defense attorney would file a motion for discovery and the District Attorney would provide information and evidence the DA felt compelled to disclose under criminal procedure law and case law. This would happen over the course of the criminal proceeding including right up to the day of a trial if there was a trial.

The new law requires "automatic discovery" of everything related to the case within 15 days of the arraignment of the defendant. 

This new automatic discovery must include everything related to the case, including all information on witnesses or anybody with information relevant to the case, all written statements, all recordings in police possession or that the police know about, information on all physical evidence, and recordings of relevant 9-1-1 calls and dispatch.

Police officers and detectives will have only days to compile and deliver the evidence and information to the DA's office to give the DA's office time to index and inventory it and prepare it for disclosure to the defendant's attorney.

Both the compressed time frame of gathering and preparing the evidence for dissemination and the greater volume of information and evidence will consume more time for law enforcement and the DA's office.

In the case of traffic tickets -- the city issues about 1,500 a year --  all evidence must be turned over within 24 hours of the issuance of the ticket.

"This increases the workload of our officers and detectives and supervisors and our clerical staff," Heubusch said. "Officers and detective are going to be mandated to complete all paperwork and supporting documentation on a condensed schedule. What that equals is officers may be required to work overtime or maybe taken off of proactive police patrols in our community to make sure that we meet these timeframes so we don't lose any cases."

To help deal with the increased workload, the DA's office is adding another assistant district attorney, another paralegal and a part-time clerk.

Heubusch did not ask for additional personnel in his department but did note that the part-time clerk who handled evidence will now be needed on a full-time basis.

As for bail reform, Heubusch said starting Jan. 1, people accused of misdemeanors or Class E felonies will no longer be arraigned in City Court. The arresting officer, instead, must issue an appearance ticket. The officer must also issue appearance tickets, rather than taking the suspect in for arraignment, for second-degree burglary 2nd and second-degree robbery, all other violent felonies are still eligible for a bail review by a judge.

Types of criminal accusations that will require an appearance ticket include bail jumping, resisting arrest, vehicular assault, menacing, and criminal contempt (unless it's part of a domestic violence case).

Exceptions to the no-bail rules include cases involving members of the same household, a failure to identify oneself properly, a failure to appear in the previous two years, and cases where the defendant could have a driver's license suspended or revoked.

If a judge is going to set bail, the judge must set it as the least restrictive option. In most cases, this means release on own recognizance or release under supervision.

Submitted photos and press release:

A collection of 30 very rare, very early artifacts will be auctioned off this Saturday, Nov. 30, beginning at 10 a.m. at Schultz Auctioneers, 11177 Main St. in Clarence.

The artifacts represent the complete collection of Clovis Artifacts located during a five-year project of excavation by R.M. Gramley, Ph.D., beginning in the late 1980s at the Lamb Site in Darien and have never before been offered for sale. They will be auctioned as a single lot.

Gramley and his group of volunteers were able to catalog three distinct groups of artifacts indicating three different activities. Cluster A produced a group of miscellaneous tools that indicated a habitation area. Another area, designated as cluster B, produced debris fragments from stone tool manufacturing and a third area, cluster C, produced a cache of Clovis points and bifaces.

The Clovis culture is a prehistoric Paleo-American culture named for the distinct stone tools – called Clovis points -- found in close association with Pleistocene fauna at Blackwater Locality No. 1 near Clovis, NM, in the 1920s and 1930s. Clovis points are wholly distinctive. Chipped from jasper, chert, obsidian and other fine, brittle stone, they have a lance-shaped tip and (sometimes) wickedly sharp edges.

Extending from the base toward the tips are shallow, concave grooves called “flutes” that may have helped the points be inserted into spear shafts. Typically about four inches long and a third of an inch thick, they were sleek and often beautifully made. Some believe them to be the first American invention.

Included in the collection – which will be sold as ONE collection – is the only Knife River point found in New York State, as well as two pieces that are the largest Clovis point and knife in New York State.

The Lamb Site near Darien in Genesee County is a late Clovis period site that dates back more than 12,000 years ago. It was used as a habitation site and a stone tool manufacturing and cache site. More information about the collection and the Lamb Site can be found here.

Previews of the auction will take place on Friday, Nov. 29 and Saturday, Nov. 30 from 8 a.m. to 10 a.m. The auction is free and open to the public; reservations are not required. For more information, call 716.759.2260 or visit schultzauctioneers.net for photos and descriptions.

About Schultz Auctioneers

With more than 50 years’ experience, Kelly Schultz is Western New York’s acknowledged authority on antiques, collectibles and fine arts. As founder of Antique World and Flea Market, he has created one of the largest antique centers in Western New York, with over 200 dealers and five shops open daily. Kelly travels from coast to coast and internationally, procuring antiques, oriental rugs, fine furniture and rare, unusual items, creating one of the finest antique galleries in the country. In 2003, Kelly’s son, Ben, received his auctioneer license and has been working alongside Kelly for many years. For more information, visit www.schultzauctioneers.net

There is a potential plea offer pending for Guillermo J. Torres-Acevedo, the 23-year-old Batavia man facing 10 criminal charges locally for allegedly having sex with an underage girl and taking her to Pennsylvania, his attorney told Judge Charles Zambito in County Court today. 

Attorney Thomas Burns asked for time to go over the terms of the plea offer from First Assistant District Attorney Melissa Cianfrini and also confer with Torres-Acevedo's attorney representing him in Federal Court on charges stemming from some of the same incidents.

Zambito deferred the case until 11:30 a.m., Dec. 6.

Torres-Acevedo is charged locally with: four counts of second-degree rape, a Class D violent felony; four counts of criminal sexual act in the second degree, also a Class D violent felony; second-degree kidnapping, a Class B violent felony; and second-degree criminal contempt.

In Federal Court, he is charged with transporting a minor across state lines for sexual activity. 

Authorities allege that in September, October, and November of last year, Torres-Acevedo engaged in sex acts with a teenage girl and then took her across state lines. He was eventually located with the girl in a Walmart in Mansfield, Pa., through a geolocation ping of her mobile phone.

Neither Burns nor Cianfrini revealed in open court the terms of the potential plea agreement nor was there any mention of whether Torres-Acevedo has an opportunity for a plea agreement in Federal Court.

The defendant is currently being held in the Genesee County jail.

A motor-vehicle accident is reported in the city at 6 Chase Park. A person was reportedly unresponsive but is now conscious. City fire, police and Mercy medics are responding. The location is between Vine and Elm streets.

UPDATE 1:02 p.m.: The female driver and sole occupant is being transported to UMMC for evaluation. Her vehicle struck an unoccupied parked car. It appears she was driving very slowly at the time of impact as little damage whatsover is observable to the vehicles. Sgt. Dan Coffey said charges are likely.

From Uber New York:

Earlier this week Mothers Against Drunk Driving (MADD) and Uber announced a joint effort to combat drunk driving on Thanksgiving Eve by offering free rides across Upstate New York, including Genesee County.

Tonight is Thanksgiving Eve, which has also been called “Blackout Wednesday,” because it's one of the busiest drinking nights of the year and the beginning of the holiday season, when there is an increase in instances of impaired driving.

All New York State residents outside of New York City and visitors can enter the promo code  SAFERIDENY19  into the Uber app by navigating to the menu, tapping Payment, and then Add Promo.

This will unlock a free ride up to $10 for people in Upstate New York (and elsewhere in the state outside of New York City) on Thanksgiving Eve. The free rides are available between 9 p.m. tonight (Nov.27) and 3 a.m. on Thursday, Nov. 28th.

“The holiday season is a special time for joy and togetherness, but it’s also one of the most dangerous times of the year on the road because of the increased frequency of drunk driving,” said Richard Mallow, executive director of MADD. “By providing a reliable ride at the push of a button — no matter the time or place — Uber is helping people make better, safer choices.”

“When empowered with access to more transportation options through Uber, people are making responsible choices that result in fewer alcohol-related crashes,” said Chad Dobbs, general manager, Uber New York. “By continuing to work with local leaders and MADD, we can help make New York’s streets safer. We hope that residents decide to leave their cars at home on Wednesday and use options like Uber to get around.”

An independent study conducted by Temple University found that Uber’s entrance into various cities in California resulted in a 5 percent decrease in the number of people killed in alcohol-related car crashes. Uber also surveyed its U.S. rider base, and respondents told us Uber has helped them make safe decisions to get home. 

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Uber is proud to be selected as the official Designated Driving App of Mothers Against Drunk Driving. To learn more about our partnership, visit our website.

Press release:

Genesee County STOP-DWI Coordinator Matt Landers announced today that the Genesee County Sheriff’s Office, City of Batavia Police Department and the Village of Le Roy Police Department will participate in a special enforcement effort to crackdown on impaired driving.

This Thanksgiving Weekend, millions will hit the roads eager to spend time with family and friends. It’s one of the busiest travel times of the year, and unfortunately more people on the roadways means the potential for more vehicle crashes.

In a combined effort to stop impaired driving, prevent injuries and save lives law enforcement officers across New York State will take to the roads. The statewide STOP-DWI Crackdown efforts start on Nov. 27^th and will end on Dec. 1^st.

Research shows that high-visibility enforcement can reduce impaired driving fatalities by as much as 20 percent. Sobriety checkpoints play a key part in raising awareness about the problem. New York State Police, County Sheriff and municipal law enforcement agencies across the state will be out in force.

The STOP-DWI Thanksgiving Weekend Crackdown is one of many statewide enforcement initiatives promoted by STOP-DWI NY and the Governor’s Traffic Safety Committee. Throughout the remainder of the year the statewide STOP-DWI Crackdown Campaign will also target the national Holiday Season in December.

While STOP-DWI efforts across New York have led to significant reductions in the numbers of alcohol and drug related fatalities, still too many lives are being lost because of crashes caused by drunk or impaired drivers. Highly visible, highly publicized efforts like the STOP-DWI Crackdown Campaign aim to further reduce the incidence of drunk and impaired driving.

You can help to make a difference by having a sober plan! Download our mobile app – “Have a Plan” and you will always be able to find a safe ride home.

Impaired driving is completely preventable. All it takes is a little planning. Have a safe and happy Thanksgiving Weekend!

Justin P. McGirr, 37, of Ross Street, Batavia, and Jeremiah T. Jones, no age or address provided, are charged with disorderly conduct by way of fighting/violent behavior. They were arrested on Ross Street at 1:07 p.m. on Nov. 23 after Batavia police allegedly observed them fighting. Both were issued appearance tickets and are due in Batavia City Court on Dec. 3. The case was handled by Batavia Police Officer Joshua Girvin, assisted by Officer Stephen Quider.

(name redacted upon request), 28, of Hall Street, Batavia, is charged with criminal obstruction of breathing, third-degree assault and unlawful imprisonment. Batavia Police Officer Peter Post arrested xxx on the charges at 3:30 p.m. on Nov. 21 on Hall Street following a domestic dispute. He was arraigned in Batavia City Court and released under supervision. xxx is due to return to court on Dec. 4. Officer Peter Flanagan assisted in the arrest.

Katrina Lynn Drake, 29, of Locust Street, Lockport, is charged with fourth-degree criminal mischief. Drake was arrested after a domestic incident that occurred at 2:20 a.m. on Nov. 21 on Maple Street in Batavia. Drake allegedly damaged property. She is due in Batavia City Court on Dec. 5. The case was handled by Batavia Police Officer Mitchell Cowen, assisted by Officer Peter Post.

Susan Marie Devault, 49, of North Main Street, Holley, is charged with petit larceny. She was arrested on Nov. 25. She is accused of stealing a carton of cigarettes at a store on Bloomingdale Road on the Tonawanda Indian Reservation at 9:92 p.m. on Nov. 17. She was issued an appearance ticket for Dec. 11 in Alabama Town Court. The case was handled by Genesee County Sheriff's Deputy Jared Swimline, assisted by Sgt. Ronald Meides.

Matthew J. Florian, 31, of Pratt Road, Batavia, is charged with failure to appear. He was arrested Nov. 21 on a bench warrant out of Batavia City Court for failing to appear as scheduled on July 23. He was released on his own recognizance. The case was handled by Batavia Police Officer Wesley Rissinger, assisted by Officer Christopher Lindsay.

If the City of Batavia is going to address the concerns of some residents about an apparent deer overpopulation, an expert told the City Council on Monday night, the solution will require study and consideration and will need to be an ongoing effort for many years to come.

"It's not something you can just do once," said Susan D. Booth-Binczik (top photo), a wildlife biologist with the state Department of Environmental Conservation. "The deer are not going to stop doing what they do. They're not going to go away. Whatever you do, you have to do it year after year. Otherwise, you're going to end up right back where you started."

City Council President Eugene Jankowski said the city will soon appoint members to a committee to study the issue and come up with a plan for the city to pursue.

Deer become a problem, Booth-Binczik said, when the populations in certain areas become too large. Besides destroying property and presenting a road hazard, they upset the balance of the natural habitat.

And population centers are a natural place for deer herds to grow and become comfortable.

"Deer do really well living with us -- they're in our neighborhoods because we've created sort of deer habitat," Booth-Binczik said. "There's plenty of food, a lot of it in our yards and gardens. There's plenty of the edge they like because we like patches of forest mixed in with our lawns and golf courses and there isn't a lot of mortality."

If there isn't a mortality rate of at least 30 percent per year, deer populations will grow, and left unchecked, a deer population in a particular area will double in size very two to three years.

Killing deer, preferably does, may be the most effective way to reduce the deer population.

Solutions range from efforts to encourage or enable hunting to culling.

Culling involves allowing hunters to kill deers outside the regular hunting regulations, such as out-of-season, at night, and with bait.

Or the city could become the lead agency -- or allow another organization to be it -- and work out rules and guidelines for hunters so hunters could more easily go after deer in and around the city. This would mean getting permission from property owners for hunters to go on their land to either hunt or retrieve dead deer.

"What the municipality can increase residents' comfort level with -- the idea of hunting in the community -- is to run what's called a controlled hunt," Booth-Binczik said. "This is just a way to formalize the ability of the local landowners have to set restrictions on hunters that they allow on their property."

Typically these programs only allow hunters to kill does but since most hunters want bucks for the trophy of antlers, the city could provide a hunter with a permit to kill a buck after first killing two or three does as an incentive to first hunt does.

Thinning deer herds is important not just for community residents, Booth-Binczik said, but for the entire ecosystem.

"They essentially eat all of the plants on the forest floor," she said. "So they reduce plant diversity by destroying habitat. They reduce wildlife diversity. And they also threaten the future existence of the forest because when a big tree dies and falls, there's nothing to replace it because the deer have eaten all the baby trees."

Submitted photo and press release:

City of Batavia Historian Larry Barnes (above, right) and Holland Land Office Museum Executive Director Ryan Duffy (pictured left) announce the publication of an amended version of the "History of the City of Batavia" written in 1993 by Ruth M. McEvoy.

The original book, published 26 years ago, has long been out of print, but continues to be in demand among local residents. Barnes and Duffy decided to address this situation by working with Michael Hodgins of Hodgins Printing Co. to scan a surviving original copy and then print another 200 books for sale to the public.

These copies are now available at the Holland Land Office Museum bookstore.

The reprinting of McEvoy’s book provided an opportunity to correct errors in the original publication. To this end, Barnes identified 50 instances where errors had crept into McEvoy’s otherwise excellent book. Three additional pages are inserted into the amended edition for the purpose of pointing out the appropriate corrections.

McEvoy was the Batavia city historian from 1971 to 1985. She was also director of the Richmond Memorial Library for eight years in addition to serving as a member of many community organizations including the Holland Purchase Historical Society. McEvoy, now deceased, was named a “Fabulous Female” by the YWCA in 2003.

Barnes views McEvoy’s book, his own "History of Batavia: 1801 to 2015" (available online through the City’s website), and his Batavia Revisited (published by Acadia Press) as the three publications which together provide the most comprehensive history of the city. According to Barnes, each in its own unique manner complements the other two books in a way that readers should find especially satisfying.

Le Roy Police Department is putting on a special charity event on Saturday, Nov. 30, to help Genesee County families in need this holiday season.

Le Roy PD will be joined by New York State Police - Troop A in Batavia, New York State Environmental Conservation Police, Genesee County Sheriff’s Office, Batavia Police Department, Corfu Police Department, Genesee County Probation and Rotary International.

"Stuff the Cruiser" will take place 11 a.m. - 3 p.m. in the Target parking lot at Towne Center at Batavia on Veterans Memorial Drive.

Bring unwrapped toys, new clothing and nonperishable foods to stuff in a police vehicle. This is a kid friendly event, fun for the whole family.

Press release:

Hollwedel Memorial Library is hosting an awesome, professional Christmas-themed magic show, open to the community, at 6 p.m. on Monday, Dec. 2.

The free show, titled “Christmas Magic,” is being used as part of the library’s efforts to encourage children to read more during the holiday season.

The magic show is presented by professional magician Cris Johnson and will feature music, age-appropriate humor, fun magic, audience participation, and more. The show is intended for children ages 4-12 and any fun-loving adults.

“This particular magic show is something different – it was designed to promote what the meaning of Christmas is supposed to be in terms of kindness and a giving attitude, but this show does not feature any religious content,” Library Director Josselyn Borowiec said.

“The show will feature magic such as beautiful Christmas lights appearing from thin air, a drawing of a Christmas elf that comes to life, an indoor ‘snowstorm’ and more!”

Why did Johnson the magician go to the trouble of creating an entire show around Christmas?

“I’ve been creating and presenting themed shows to libraries and schools all across North America for nearly 20 years and it’s a passion of mine,” Johnson said. “With budget cuts increasing all the time, we as a community really need to support our local libraries, encourage children to read more, watch less TV, and protect our children’s future.”

The library is located at 5 Woodrow Drive in Pavilion.

Press release:

The Genesee Society of Model Engineers will host the club's 18^th annual Holiday Open House on Saturday, Dec. 7^th, at the club's facilities located at 50 Main St. (Route 63), Oakfield (above the M&T Bank). The FREE event runs from 9 a.m. to 4 p.m. Stairway access only.

The club's facilities feature operating layouts in O Gauge (Lionel), HO & N scale as well as push trains for the little ones. Club members will be available to answer your model railroading questions.

A great family-oriented event filled with photo-ops, refreshments, and fun for kids of all ages.

 "The Christmas holidays seem to bring back those childhood memories of a model train and miniature village around the Christmas tree," says club President Mike Bakos. "Our members are busy keeping the tradition of trains and the holidays alive. We invite you to visit and enjoy one of Genesee County's best kept secrets."

This year's Open House will be one of the many "Ornament Stops" featured as part of the Christmas in Oakfield celebration. The ornament hunt is just one of many activities that will be taking place in Oakfield throughout the day.

The Genesee Society of Model Engineers Clubhouse is open Tuesdays from 7 p.m. until 9 p.m. Business meetings are held the last Tuesday of each month. Visit www.gsme.org.

More than 2 1/2 hours after the scheduled start time for a hearing a motion on allegations that Durin Rogers, City Court judge and assistant county attorney, has a conflict of interest in a Family Court matter, a reporter from The Batavian was denied access to hear arguments in the case.

Erin P. DeLabio, a judge from Erie County handling the motion after Judge Eric Adams recused himself, wouldn't even allow the reporter into the courtroom to make an argument for public transparency on the motion or grant a motion to delay the case until the reporter could obtain legal counsel. 

A deputy said DeLabio said that the motion was part of a sensitive matter.

According to a legal expert we consulted, Family Court is open to the public though individuals can be excluded from sensitive cases based on a finding supported by evidence. A motion about the attorneys in the case is not sensitive to the attorneys and the legal guardian of any children involved can consent to the presence of third-party observers.

There's no indication that DeLabio based her decision to exclude the press, and thwart public transparency of a case involving a fellow member of the judiciary, on any evidence nor that the legal guardian of the minors was consulted as to their position on a reporter being present for only the motion portion of the case.

Last month, attorney Thomas Burns filed a motion seeking to have Rogers removed from a Family Court case because of what Burns perceives as a conflict of interest.

The motion alleges that Rogers -- as a sitting, part-time Batavia City Court judge, with Burns' client also facing criminal charges in City Court -- has an apparent conflict of interest because Rogers has access to City Court documents and his position means he tries cases with other members of the county's criminal justice system who might also be involved in both cases. 

"As this court is certainly aware, and as DCA Rogers should be aware," Burns wrote in his motion, "a judge is obligated to avoid impropriety and the appearance of impropriety in all of the judge's activities and a judge is obligated to respect and comply with the law and is obligated to act at all times in a manner that promotes the confidence of the public in the integrity and impartiality of the judiciary," Burns wrote in his motion. "As this court is also aware, the judicial duties of a judge take precedence over all of the judge's other activities."

In a response to The Batavian for publication of the original story (see link above), Rogers denied there was a conflict of interest.

Photo: Taken of Erie County Judge Erin P. DeLabio from outside Genesee County Family Court through the doorway window.

Press release:

The Genesee-Orleans Youth Bureau has been tasked with helping the Governor’s Office select a young person to represent each county on the newly established New York State Governor's Youth Council.

Members of the Youth Council will be offering ideas and solutions to key issues facing young people in New York State to the Governor and other policy makers, including how to have better outreach and communication strategies.

This is an incredible opportunity for New York’s youth to represent their county on a statewide level.

The Youth Council will be made up of 62 young people ages 13 – 21, one representing each county and the burroughs of New York City. The Youth Council is youth run and adult supported. Members will work to identify and prioritize issues that matter to NYS youth.

"Positive Youth Development" has always been the mantra of local youth bureaus and the Youth Council will assist state and local governments to promote youth throughout all its state initiatives.

The Genesee-Orleans Youth Bureau is currently coordinating the counties' selection process.

The deadline to apply is Dec. 20.

The selection committee will evaluate applications based on three areas.

• Candidate Essay: Each candidate must write a short essay response (no more than 500 words) supporting three questions. The essay will be judged for content, clarity and overall quality.
• Public Speaking: Each candidate will prepare, deliver and submit a video speech (MP4 or URL link). The video should demonstrate the youth’s passion, interest, expertise and/or experience in one or more of the topic areas. Candidates will be judged on speech content and delivery.
• Overall Application Quality: Clarity, passion, completion of each section and quality of supplemental materials. Candidate’s character will be evaluated through demonstrated qualities such as leadership skills, academic achievement, civic engagement, services to the community and work ethic.

It is also important to note that social media pages will be reviewed and part of the criteria to be evaluated.

If you or someone you know is interested in this opportunity, please call the Genesee-Orleans County Youth Bureau at (585) 344-3960, go online to the Genesee County website for the Youth Bureau, or apply here.

Press release from the Batavia-based Libertarian Party of New York:

Yesterday, the New York Campaign Finance Commission voted to raise the threshold for political parties to gain ballot access. In so doing, they voted to deny choices to the millions of New Yorkers who are fed up with the two major parties.

All New Yorkers should know this: THE FIX IS IN.

Despite the claims of Jay Jacobs, minor parties are not “sham parties.” The Libertarian Party earned ballot access in 2018 with 95,000 votes. Now, Andrew Cuomo wants to move the goalposts further back to 130,000.

Unless the state legislature acts, this change will become state law. We call upon the legislature to reverse this shameful decision and allow voters a choice.

The Libertarian Party of New York is determined to fight for fair and open elections for all New Yorkers and will use every resource available to us.

SHAME ON ANDREW CUOMO AND SHAME ON JAY JACOBS!

Libertarian Party of New York

P.O. Box 1627

Batavia, NY 14021-1627

Submitted image and press release:

Northgate Free Methodist Church invites the community to its annual Vintage Christmas event on Friday, Dec. 6. This family friendly event will be “come and go as you please,” from 6 to 8 p.m.

Enjoy a guided tour of a live nativity through the community prayer walk, complete with yuletide carols and hot chocolate. Come decorate cookies, visit with Santa, enjoy a few classic Christmas movies on our outdoor movie screen, all while staying cozy around a campfire.

There will be a small devotional presented at 7 p.m., to ready our hearts and minds for the Christmas season, accompanied by a magnificent tree lighting.

This is a free event, open to all ages. Northgate Free Methodist Church is located at 8160 Bank Street Road, Batavia.

For more information, contact the Northgate office at 585-343-4011 or visit northgatefmc.com.

File photo of K9 Frankie and his handler, Deputy Chris Erion.

From the Genesee County Sheriff's Office:

Genesee County Sheriff’s Office K9 Frankie will receive a bullet and stab protective vest thanks to a charitable donation from the nonprofit organization Vested Interest in K9s Inc. and private citizen donors.

K9 Frankie is a 2 1/2-year-old Belgian Malinois from Holland and was named in honor of deceased Deputy Frank Bordonaro. K9 Frankie’s vest will be embroidered with the sentiment “In memory of GS-29.” Delivery is expected within eight to 10 weeks.

Vested Interest in K9s Inc. is a 501c(3) charity located in East Taunton, Mass., whose mission is to provide bullet and stab protective vests and other assistance to dogs of law enforcement and related agencies throughout the United States.

The nonprofit was established in 2009 to assist law enforcement agencies with this potentially lifesaving body armor for their four-legged K9 officers. There are an estimated 30,000 law enforcement K9s throughout the United States.

The donation to provide one protective vest for a law enforcement K9 is $950. Each vest has a value between $1,744 – $2,283 and a five-year warranty, and an average weight of 4-5 lbs.

Since its inception, Vested Interest in K9s Inc. has provided more than 3,500 U.S.-made, custom-fitted, NIJ-certified (National Institute of Justice) protective vests, in 50 states, through private and corporate donations, at a value of $6.9 million.

The program is open to dogs actively employed in the United States with law enforcement or related agencies who are certified and at least 20 months of age. New K9 graduates, as well as K9s with expired vests, are eligible to participate.

For more information or to learn about volunteer opportunities, please call 508-824-6978. Vested Interest in K9s Inc. provides information, lists events, and accepts tax-deductible donations of any denomination at www.vik9s.org or mailed to P.O. Box 9, East Taunton, MA 02718.

Despite holding police officers at bay for 20 hours a week ago, despite a prior felony conviction, despite alleged mental health and substance abuse issues, under the state's new bail reform rules, Daniel Wolfe could have gotten out of jail today at no cost.

Judge Charles Zambito was only able to set bail in the case because Wolfe allegedly violated a stay-away order of protection by twice trying to contact his girlfriend, whom he allegedly abused Nov. 18 before barricading himself in his apartment at 209 Liberty St., Batavia.

Without the allegation of those phone calls, Zambito would have been forced to release Wolfe under terms of the new bail standards.

The new bail reform guidelines -- designed primarily to address pretrial confinement issues in New York City -- don't take effect until Jan. 1. But First Assistant District Attorney Melissa Cianfrini made her request for bail under the new rules because otherwise Wolfe would be entitled to a bail review Jan. 1, when he's still likely to be in pretrial status awaiting further court proceedings in his case.

In setting the amount of bail, Zambito was allowed to consider other factors in the case that indicate Wolfe's potential to flee the court's jurisdiction. These include: the 20-hour standoff; the potential for a harsher sentence because of Wolfe's 2012 felony conviction; his potential for untreated mental health and substance abuse issues; and the fact he has a relative in Alaska, where he lived for a while in 2012.

Zambito also could take into account the fact that Wolfe doesn't have an apparent place to live now that his apartment is destroyed, though he also needed to consider Wolfe's inability to pay cash bail because he isn't employed.

Zambito set bail at $10,000 cash, $25,000 insurance bond, or $50,000 partially secured bond. Cianfrini requested $25,000 cash bail and Public Defender Jerry Ader requested $5,000 bail.

Previously:

• Liberty Street standoff ends; suspect being transported by ambulance
• Video: Part I of the Liberty Street standoff
• Video: End of the 20-hour standoff on Liberty Street
• Subject of 20-hour standoff on Liberty Street facing at least five criminal charges
• Defendant in 20-hour standoff appears in court, case continued to Dec. 1

As "Movember" comes to a close, members of the Batavia Police Department presented a donation of $2,215 to Genesee Cancer Assistance.

During November, officers were allowed to grow facial hair so long as they paid "fines" to Genesee Cancer Assistance.

Female members of the department also made donations and the Police Benevolent Association made a sizable donation, too.

Press release from AAA:

Today’s national average price for a gallon of gasoline is $2.59, down 1 cent since last week. One year ago, the price was $2.56. The New York State average is $2.68 – down 1cent from last week. A year ago, the NYS average was $2.83. AAA Western and Central New York (AAA WCNY) reports the following averages:

• Batavia -- $2.66 (up 1 cent since last week)
• Buffalo -- $2.63 (up 1 cent since last week)
• Ithaca -- $2.67 (up 1 cent since last week)
• Rochester -- $2.67 (up 1 cent since last week)
• Rome -- $2.62 (down 1 cent since last week)
• Syracuse -- $2.58 (no change since last week)
• Watertown -- $2.66 (no change since last week)

The national average price for regular unleaded gasoline is down a penny as we enter the Thanksgiving holiday travel period. The latest data from the Energy Information Administration (EIA) revealed that total domestic gas stocks were up last week, though they are lower than where they were last year at this time.

Growth in stocks and lower gasoline demand have helped to push the national average down by 1 cent. However, demand is likely to increase with holiday travel. This year, AAA expects more than 55 million people to travel for Thanksgiving.

The majority of travelers will travel by car, but air travel is expected to be up almost 5 percent. Gas prices are not expected to deter any travelers from making their holiday trips.