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It is a Class D felony.

Adam H. Brokaw, (inset photo) of Northern Boulevard, Batavia, will also have to register for permanent listing on the Sex Offender Registry, although his (threat) level (for reoffending) won't be determined until midsummer.

The case stems from a party at his house with a theme of "high school reunion" on Friday night, Nov. 10, 2017.

Brokaw and his wife, Ellen, invited several friends, including the victim, who said in court she had been friends with Ellen for about five years and felt safe and comfortable around the Brokaws. When she arrived, she headed downstairs where everyone was at the bar, including some members of law enforcement.

She joined with others in "doing shots." Over the course of the evening, she told police, she drank "an entire bottle" of Goldschläger -- Swiss cinnamon schnapps -- a liqueur that is 87 proof. She got sick and vomited outside over the porch railing. Adam Brokaw, according to court testimony, knew this and knew how incapacitated she was. The victim's children had to be brought over to the Brokaws because their mother was not able at that point to care for them at home.

Later the victim passed out on the couch, unconscious. Before that happened, she was unable to sit up unassisted and she could not keep her eyes open.

Her pants had been unbuttoned by Ellen and Adam "to make her more comfortable" as she slept on the couch, according to statements in the presentencing report.

But her rear end was hanging out and she felt the cold couch, the victim said in court today, as she came in and out of consciousness.

Ellen had gone to bed and Adam, who was himself intoxicated, stayed up to pick up the post-party mess.

At some point in the early morning hours Saturday, she recalls her left leg being swung over the couch and her foot planted on the floor. The victim said she felt a man fondling her breasts and penetrating her vagina with his fingers, then attempting to penetrate her with his penis. She heard the click of a camera and saw a flash. She still hears the heavy breathing.

When she came to, she found her underwear twisted all around. She felt she had been sexually assaulted and woke up Ellen.

"I had to keep your filth on me until I could get to the hospital," the victim said during her victim impact statement before sentencing.

"I sometimes think what if my children had woken up and seen you raping me?"

Ellen Brokaw drove the victim to the hospital.

"There are 20 steps in a rape kit," the victim said ruefully. "Twenty steps."

They poked and prodded and swabbed inside and outside every orafice of her body, gave her tests for sexually transmitted diseases, drew her blood, and bagged her underwear and other clothes for evidence. They scraped under her nails and took a hair sample. They gave her a "Plan B" pill (morning after emergency contraception pill) that made her experience severe uterine cramps.

"I'm still in shock. I am disgusted. You are disgusting," she hissed, adding that once she got home "I couldn't make the shower hot enough or long enough. And afterward, I still felt your filth on me."

"You're a piece-of-shit scumbag who took advantage of me," the victim said, although he took "an oath to protect and serve."

In the aftermath, her life has become a regime of pysch meds for depression and anxiety; a sexless marriage -- for now -- because she has flashbacks and trust issues; the loss of a once-close circle of friends; the loss of her old self, her confidence and sense of self worth; all the anger, the aloneness.

"This stops today," the victim said, vowing to regain her strength and independence.

Before returning to the gallery, she thanked Batavia Police Detective Thad Mart, her therapist, UMMC staff and family members for helping her. She was supported in Genesee County Court by at least 15 people.

Brokaw, who is at least 6'5" and solidly built, with shorn hair, sat at the table and stared frozenly ahead when the victim held forth from the podium. He wore tan pants, black athletic shoes, and a pale persimmon-colored T-shirt. His wife, parents, and one other supporter sat behind him in the gallery.

Next First Assistant District Attorney Melissa Cianfrini was incredulous that the PSI examiner talks in the report about "the defendant's pain."

She accused Brokaw of attempting to minimize his role in the sexual assault -- by denying he attempted to penetrate her with his penis or that he fondled her breasts, of lying, of portraying himself as a victim, one who has been villified and has become a pariah.

In fact, it was only after DNA tests came back on April 26, 2018 that he admitted to his family that "something happened," Cianfrini said, underscoring her point that by no means did he own up to anything straightaway.

"She was raped and he perpetually lied about it for an extended period of time," Cianfrini said.

At this point, the defense attorney, Matthew Lembke, stood and said it was "improper" for Cianfrini to speak as she was, and that it amounted to her asking that Brokaw be punished for exercising his rights as an American citizen and for adhering to his counsel's advice.

He asked Judge Charles Zambito to strike the First ADA's comments from the record. Zambito declined and said he had no intention of punishing anyone for exercising their rights.

Brokaw shifted in his chair and cupped his chin with one hand and grasped his elbow with the other.

Cianfrini mentioned the glowing letters included in Brokaw's file that speak of his integrity and honor, and reminded the court that this same person ejaculated on the victim: There were seven different areas of the victim's underwear and three areas of her body that tested positive for Brokaw's semen.

A letter said Adam Brokaw is the kind of man who would get up at 2 a.m. to feed a stray kitten. Cianfrini said, and yet, the same man took advantage of "a helpless victim who couldn't get away" in the wee hours that November morning.

"He knows what prison will be like for him," Cianfrini said. "We should send a message that his conduct is reprehensible."

She asked for six months of jail and 10 years probation for Brokaw.

Lembke tried for the better part of an hour to sway the judge against any incarceration, saying his client is a veteran, with a fine record of service in law enforcement. He added that Brokaw's highly unlikely to ever do such a thing again; his chance of recividism is nill.

Lembke also disputed the prosecutor's contention that he acted as he did because "he thought he could get away with it" and said his client knows he should never have behaved as he did. Lembke said Brokaw has never pretended that he did nothing wrong.

"He never blamed anybody or suggested she made things up," Lembke said.

Then he went on about the philosophical struggle of humankind -- wrestling with the eternal questions such as why bad things happen and why good people endure famine, the loss of a child, sexual assaults and unspeakable acts of cruelty. He concluded by saying the answers are never simple because people are complicated.

Brokaw's actions were an aberration, an opportunity seized in the moment, fueled by alcohol.

"There's no denying what happened here is inexcusable," Lembke said. "(The victim's) feelings are right and there's just no excusing it."

Still, Lembke maintained nothing would be served by jail time, only retribution.

His client struggles with his own depression and anxiety since the high-school-reunion-party-gone-wrong, "self-inflicted or not."

"He regrets every minute of it," Lembke said. "He says 'I can't say how sorry I am. I will regret it for the rest of my life.' "

Lembke reminded the court to remember Scripture and to "love the sinner, but hate the sin."

He sought a sentence of probation only.

Zambito said maybe retribution shouldn't be part of a sentence but it's part of life. The community has to have faith in the judicial system. The court is obliged to fashion a sentence that bolsters that faith, and provides justice to all parties to the best of its ability.

"Otherwise the people would resort to self help," Zambito said.

The judge acknowleged Brokaw's military service, his former career in law enforcement, and his family. He said the letters sent to him pleading for lenience and mercy are "not his job."

This case was difficult.

"Alcohol was a factor," Zambito said. "But you allowed this to proceed. Someone came to your house and she trusted you and felt safe. She had to endure a violation, physically, personally, emotionally.

"I don't think you're a monster, but you committed a monstrous act. But you did this and people need to have confidence that there are consequences."

Zambito said he could have sentenced Brokaw to up to seven years in state prison.

Brokaw was led away to jail immediately after signing paperwork. The judge also granted the prosecution's request for two stay away orders of protection for the victim and her husband, which will remain in effect until April 26, 2029.

In the fall, when school begins, the orders can be modified to allow incidental contact at school-sanctioned activities and sports since the couples' children attend the same school and are on at least one sports team together.

Fees totaling more than $1,900 must also be paid by Brokaw, including: $489.69 for restitution; $1,000 to a victims' fund; $300 felony surcharge; $50 DNA fee; $25 for SORA; etc.

"Nobody wins in this situation," the victim said.

A piece of Godzilla that came from Batavia landed on the doorstep of a Pennsylvania home leading to a hazardous materials team responding to the residence and the police and fire departments evacuating the entire neighborhood around Seneca Street in Fountain Hill, which is outside Bethlehem.

The homeowner apparently forgot he had contributed to a Kickstarter campaign to fund a Godzilla movie, Godzilla Heritage, produced in Batavia by Tim Schiefer and Greg Graves.

One of the rewards for his contribution was a mock body part from Godzilla that was supposed to look like it was frozen.

When the unexpected package arrived, Michael and Tara Conner opened it.

“We opened it and there was a glass jar with a clear liquid inside,” Tara Conner told Andrew Scott, a reporter with the Morning Call. “There was something black floating in the clear liquid. We didn’t know what it was and didn’t want to touch it.”

The return label on the package included the name Greg Graves, which also just happens to be the same name of a U.S. Postal official, which was the only match they found for the name when the Conners searched online. That made them more suspicious so they called 9-1-1.

“We had no idea what this was or who sent it to us," Tara Conner said. "A police officer came, saw the package and agreed it was suspicious. He told us to pack some things and leave our house. And then Hazmat was called in.”

It took a few hours for officials in Fountain Hill to piece things together and discover the jar contained nothing harmful.

The monster part was made by Rashaad Santiago, who lives in Batavia but is nationally known, especially after winning the reality TV series Face Off, for his monster costumes, makeup, and props. He made Godzilla for Godzilla Heritage.

Santiago was both amused and proud that his monster part caused such a hubbub in Fountain Hill.

"It made me laugh," Santiago said. "The mass hysteria caused by it also made me proud that something I made by hand was mistaken for something that looked real and harmful."

Photo: File photo of Rashaad Santiago and Tim Schiefer.

UPDATE: A photo of the bit of Godzilla's flesh that was shipped to the Conners. Photo courtesy Tim Schiefer.

A pedestrian was struck and sustained minor injuries at Ellicott and Liberty streets in the city. Mercy medics are on scene. City fire dispatched.

The Kiwanis Club of Batavia hosted their annual Law Day dinner on Thursday night at the Batavia Country Club and presented criminal justice awards to Assistant District Attorney Kevin Finnell, Sheriff's Office Investigator Chad Minuto, Batavia Police Officer Jason Davis, and Le Roy Police Officer Greg Kellogg.

The theme of the Law Day event this year is "Freedom of the Press and Free Speech" so local author Bill Kauffman was the keynote speaker.

"Like most writers, I'm more or less a First Amendment absolutist in favor of the widest possible freedom of speech expression," Kauffman said.

The greatest threat to free speech these days come not from government, Kauffman said, but from big tech companies and social pressure to conform.

"There are tremendous career and social pressures to toe the line," Kauffman said. "To go along with whatever the politically correct fad of the moment is, to keep your mouth shut. Well, it's our birthright and our obligation to defy these pressures, to reject these censors and say what we think."

In small towns, such as we find in Genesee County, however, where we know each other so much better, there is greater freedom.

"I really think the possibilities of freedom are greater here in a place like this than in a big city," Kauffman said. "I'm not just saying that it's cheap boosterism or a kickback from the Chamber of Commerce. Our small or modest size is a real advantage.

"Life is lived here on a human scale, not a mass impersonal scale. We can actually know each other. If we so choose. We don't need to snipe at one another anonymously over the Internet. We can do so face to face. But the funny thing is we don't do so face to face."

Before a crowd of mostly police officers, judges, and prosecutors, Kauffman said life lived at this scale also gives them advantages not enjoyed by their big-city counterparts.

"(It is in) the intricate network of relationships in which freedom of speech becomes meaningful," Kauffman said. "Not just hot and angry air is possible here and we really are blessed. I'm not saying kids who grew up in small communities are any better than kids who grow up elsewhere.

"There's a lot of hell-raisers, as the police officers and sheriff's deputies present tonight can testify, but maybe at least we understand the back story to these hell-raisers and that makes a difference."

Top Photo: Kevin Finnell receiving his award from Chief Deputy Joseph Graff, Chief Deputy Brian Frieday, Undersheriff Brad Mazur, and Kiwanis President Mark Lewis.

Press release about the awards:

Kiwanis Club President Mark Lewis and Genesee County Bar Association President Tom Williams will be announcing the awards during an annual dinner held at Batavia Country Club on Thursday, April 25. The speaker at the dinner was local author Bill Kauffman.

Kiwanis Criminal Justice Award

The Kiwanis Club of Batavia Criminal Justice Award is presented to a member or members of the community, law enforcement, or a criminal justice agency serving the citizens of Genesee County whose exceptional career achievements and conscientiousness to citizenship have demonstrated a spirit of selfless public service or demonstrated an act of exceptional valor or heroism.

The 2019 Award Recipients are:

Assistant District Attorney Kevin T. Finnell

Assistant District Attorney Kevin Finnell's diligent prosecution of violators pertaining to driving while intoxicated and related offenses has shown he is sincerely dedicated to the safety and welfare of the citizens of Genesee County. Mr. Finnell's knowledge of the Standardized Field Sobriety Tests and the full 12-step Drug Recognition Evaluation, as well as the internal and external functions of the Datamaster DMT chemical test, is a remarkable asset to the Genesee County Law Enforcement community. Mr. Finnell continually strives to develop the skills needed to successfully prosecute DWI and DWAI drug cases whether through training or educating law enforcement officers on current case law. Whenever he is involved in a hearing or a trial, he is totally prepared and our community is very fortunate that Mr. Finnell represents the People of Genesee County. Kevin Finnell was nominated for this award by Sheriff William A. Sheron Jr. and Undersheriff Bradley D. Mazur.

Investigator Chad J. Minuto, Genesee County Sheriff’s Office

Investigator Chad J. Minuto began his career with the Genesee County Sheriff's Office in March of 1999, when he was hired at the Genesee County Jail as a Correction Officer. He worked as a Correction Officer for two years and was then hired by the Genesee County Probation Department as a Probation Officer.

Investigator Minuto returned to the Sheriff's Office in March 2005, and began his service as a Deputy Sheriff. His work ethic and abilities led to his selection as a Field Training Officer. Minuto was promoted to the rank of Investigator in September of 2015, and has proved to be an invaluable asset to the Criminal Investigation Division of the Sheriff's Office. Investigator Minuto performs all his duties to a very high standard. This is clearly demonstrated in the thoroughness of his investigations which has led to a very high rate of resolution of cases he investigates. Investigator Minuto’s attention to detail is truly evident as he is responsible for the integrity of the evidence room where he inventories, preserves and maintains all evidence collected by the Sheriff’s Office. His meticulous work in the evidence room is vital to the criminal justice process.

Investigator Minuto also serves as a Physical Fitness Instructor, a Firearms Instructor, and is a member of the Emergency Response Team. During his career, he has been recognized with awards at the Sheriff’s Office including a DWI recognition award, Commendation Award and Officer of the Year. Throughout his law enforcement career, Investigator Minuto has proven to be a true asset to the community and to the Genesee County Sheriff’s Office. Investigator Minuto was nominated for this award by Sheriff William A. Sheron Jr. and Undersheriff Bradley D. Mazur.

Officer Jason Davis, City of Batavia Police Department

Police Officer Jason Davis has been an integral part of the City of Batavia Police Department since being hired in 1999. He has consistently gone above and beyond in the many roles that he holds in the Department. Jason is a Field Training Officer, Drug Recognition Expert, General Topics Instructor, De-Escalation Instructor, Crisis Intervention Team Officer, is a past member of the Emergency Response Team and member of several Departmental Committees.

Officer Davis has been recognized for his work with DWI enforcement, his de-escalation techniques and dealing compassionately with vulnerable members of our community. Jason is looked up to by his peers and is one of the "go to" officers when an issue needs to be addressed. He tackles problems head on and ensures a positive resolution. Jason started his career in 1997 as a Deputy Sheriff for the Cattaraugus County Sheriff's Department; he also worked part-time as a police officer for the Village of Ellicottville until transferring to the City of Batavia. Jason has also been a Pack Leader for Cub Scout Pack #650. Officer Davis was nominated for this award by City of Batavia Police Chief Shawn Heubusch.

Officer Gregory S. Kellogg, Village of Le Roy Police Department

Since coming to the Le Roy Police Department in January 2016, Officer Kellogg has continually worked to build community partnerships with the Le Roy School District, the Rotary Early Act Program and the Boy Scouts. Officer Kellogg has also worked at the Perry Police Department and Attica Police Department, where he received the Distinguished Service Award in 2017. He is compassionate, committed, dependable, and willing to step up and perform his duties at all times. In January 2018, Officer Kellogg received a letter of commendation for performing CPR for an extended period of time on a victim, which the family directly attributed his actions to saving the victim’s life.

Officer Kellogg coordinated and implemented the “Stuff the Cruiser” program in conjunction with Early Act, which resulted in cash and gift card donations as well as nearly 3,000 nonperishable food donations that filled five police-cruisers. Greg has a "Coffee with a Cop" mentality frequently going to local restaurants to share time with residents, joking with them, sharing stories but, more importantly, listening to their concerns.

He is actively involved coordinating and implementing the department’s “Civilian Response to an Active Shooter Event” training program which has been presented to several community members, local businesses and churches. He is a general topics instructor, firearms instructor, field training officer, accreditation manager, and Taser instructor.

Officer Kellogg is also employed at Six Flags Darien Lake Theme Park as a Police Supervisor, overseeing approximately 30 police officers, and is responsible for all security training. His daily conscientiousness to citizenship and a spirit of selfless public service are a model that young officers in the Le Roy Police Department try to emulate. Officer Kellogg was nominated for this award by Village of Le Roy Police Chief Christopher K. Hayward.

Charles L. Mancuso Mock Trial Award

The “Charles L. Mancuso Award” was presented to the members of the Batavia High School Mock Trial Team as winners of the 2019 GLOW (Genesee, Livingston, Orleans, and Wyoming counties) District Competition in the New York State Bar Association High School Mock Trial Tournament. The award reads “Dedicated to the Memory of an Outstanding Attorney-Citizen." Mr. Mancuso, a Batavia lawyer, served as coordinator of the local competition until his untimely death 12 years ago.

The Batavia High School team members honored at the dinner include: Sophie Beckman, Brianna Bromley, Charles Burton, Eryn Dunn, Kathleen Folger, Tate Fonda, Ariana Frias, Dallas Lama, Amari McNair, Natalie Rogers, Corinne Saluste, Julia Spiotta, Teacher-Coach Theresa Traver, and Attorney Advisor Ethan Kraybill. Coordinator of the local Mock Trial Program, Kristie DeFreze, presented the award.

Bill Kauffman

Chad Minuto receiving his award.

Officer Jason Davis with Chaplain Green, Chief Shawn Heubusch, Councilwoman Patti Pacino, and City Manager Martin Moore.

Officer Greg Kellogg and Detective John Condidorio.

Some of the members of the Batavia High School Mock Trial Team.

Members of the Batavia Rotary Club partied like it was 1919 at Eli Fish last night as part of the club's ongoing commemoration of the civic organization's 100th anniversary but before they did they gathered in Rotary Park in Downtown Batavia for a group photo.

Here is a roster of current members (not all are in the photo):

This is the prettiest time of year around the Old Courthouse and the Soldiers and Sailors Monument.

Also, the daffodils in front of City Hall are blooming.

Last week, the Collegiate Science Technology Entry Program (CSTEP) at Genesee Community College held a free STEM Conference and Exhibitor's Fair bringing together local businesses, faculty, current GCC students and community members in the name of science technology.

In addition to local STEM businesses at the Exhibitor's Fair, GCC faculty and students from the Sciences, Technology, Engineering, Math, and health-related fields hosted informational tables to teach guests about their programs of study and career and learning opportunities in their respective fields.

The educational components and professional realms of STEM industries collaborated for the Exhibitor's Fair to promote the targeted industries, discuss career/employment opportunities and provide insight on the changing trends in the STEM workforce.

Conference attendees were able to attend specialized workshops on topics such as: Computer Aided Drafting and Design: Mapmaking; Scratch Combo - Computer Programming for Gaming Simulation; Making STEM a Reality and more!

"We are excited about the success of our first CSTEP Exhibitor's Fair," said Jamie Schultz, project coordinator for CSTEP at Genesee Community College "and really looking forward to working with our students and partners for next year's event."

With the success of this year's event barely behind the committee, plans are already underway at GCC for the 2020 CSTEP STEM Conference and Exhibitor's Fair.

Kevin M. Waleski Jr., 31, of South Main Street, Batavia, is charged with second-degree harassment for allegedly threatening physical violence toward a person living on South Main Street, Batavia, at 12:47 p.m. on April 14. He is also charged with third-degree criminal trespass for allegedly trespassing and remaining on the same South Main Street property at 2:40 p.m. on April 23 after being told to leave. He was arraigned in Batavia City Court on April 23 and jailed in lieu of unspecified bail. He was due to return to city court on April 24. The case was handled by Batavia Police Officer Stephen Cronmiller.

Lawrence W. Worsley, 39, of Ridge Road, Albion, is charged with two counts of second-degree criminal contempt. Worsley was arrested April 24 after an investigation of a complaint that he contacted the protected party of a stay away order of protection on Vine Street in Batavia on March 12 and again on March 18. He was jailed in lieu of unspecified bail and was due in Batavia City Court today (April 25). The case was handled by Batavia Police Officer Stephen Cronmiller.

From the NYS Police:

On April 25 at approximately 12:50 a.m. troopers from SP Batavia (Troop A) responded to a reported robbery at the 7-Eleven located at 25 Main St. in the Village of Oakfield.

The suspect is pictured in the image above. If anyone has any information about this incident, please call SP Batavia at 585-344-6200.

The St. Jerome Guild prepares the annual “Step into Spring” fashion show, basket raffle, and luncheon prepared by Michael Tomaszewski, on Sunday, May 5.

 The Guild and Genesee Community College will host "Fashion Show Weekend" with Genesee’s annual fashion show, “Limitless” scheduled on Saturday, May 4.  

The Guild is excited to highlight several clothing stores in Batavia: JCPenney, Kohl’s, and Marshalls. More than 20 models will feature the Jerome Jewelry Collection and fashions for toddlers, teens, women, men and seniors.

The event will be held at Fr. Slomba Hall, 19 Sumner St., Batavia, at noon. Presale only tickets are available for $20 at the Jerome Center Gift Shop, 16 Bank St., Batavia. For more information call 585.343.6030, ext. 4198.

The Guild continues to support UMMC/Rochester Regional Healthcare as a corporate donor giving thousands of dollars to capital fundraising initiatives over the years and has contributed countless volunteer hours on a variety of fundraising events. The proceeds in the amount of $5,000 from last year’s fashion show purchased four natal bassinets.

The Guild has offered an annual Health Career Professional Scholarship to hospital employees and high school seniors for decades. Currently, the scholarship is being awarded to outstanding employees who are continuing their education in the medical field.  

The Guild’s volunteerism has served the medical community for more than 100 years. In years past, the Guild sponsored fundraisers for St. Jerome Hospital; such as, casino nights, formal dances, fashion shows, and Mother’s Day breakfasts to name a few.

Pictured above modeling for the fashion show, back row is (from left): Mariah Ognibene, Alyssa Ognibene; front row, Lena Ciszak and Mia Ognibene.  Photo below at Jerome Center Gift Shop: Debbie Pellegrino gift shop volunteer, and Annette Labarbera, president of St. Jerome Guild.

Submitted by, Marilyn C. Dickinson, secretary St. Jerome Guild Inc. Board of Directors. If you have questions, contact 585.356.9398.

Press release:

The Alden Area Ecumenical Choir is presenting its spring concert this month titled “A Little Talk With Jesus In The Heavenly Sunlight.” Good Christian choral and solo music followed by a refreshment reception will make for a fun time.

The choir always takes a free-will offering to benefit local and global needs. This year’s offering will benefit Rise Against Hunger, supported by the Marilla Methodist Church and Neat Repeats, a clothing ministry supported by the Alden Presbyterian Church.

The choir offers two concerts, Friday evening, April 26, at 7 o'clock and late Saturday afternoon, April 27, at 4 o'clock. The Friday concert will be at the Alden Presbyterian Church, 13298 Broadway in Alden, at the corner of Crittenden. The Saturday concert is held at the First Baptist Church, 306 E. Main St., Batavia, between Summit and Swan streets.

A property deed from 1813 and signed by Joseph Ellicott was purchased at auction yesterday by the Holland Land Office Museum for $1,900.

The deed was acquired last year by Dale Vargason, from Wayland, who found it in a box of 18th century documents he acquired and then decided to bring it to Bontrager's Auctions.

Auctioneer Todd Jantzi started bidding off at $1,000 and when there were no initial bids, dropped it down to $800. Two people then jumped into the bidding, including Gary Harkness, representing HLOM, and the bids quickly rose to the $1,900 mark.

Previously: Rare historical document, a deed signed by Joseph Ellicott, to be featured in upcoming auction at Bontrager's

Several student-athletes at Batavia High School signed letters of intent with area colleges and universities on Wednesday, including Sam Sallome, above, who signed with Tompkins-Cortland Community College to play baseball.

Sallome is joined by Jaime Sallome, Emma Sallome, Sam Sallome Sr., Coach Rick Saunders, and Asst. Coach James Patric.

Taiyo Iburi-Bethel signed with the University at Buffalo to play football.  Iburi-Bethel is joined by Mekhi Fortes (brother), Kinu Fortes (mother), Edwin Bethel (father), Lila Forte (sister), Darazian Williams (brother), Coach Brennen Briggs, Brenda Iburi (grandmother), Terri Ernst (grandmother), Shin Iburi (uncle), and Akari Iburi (aunt).

Joe Martinucci signed with St. John Fischer to play football. He is joined by Aimee Martinucci, Joseph Martinucci, Michelle Martinucci, and Coach Brennan Briggs.

Ryann Stefaniak signed with Nazareth to play basketball. She is joined by Anne Stefaniak, Rich Stefaniak, and Coach Marty Hein.

John Bruggman signed with Daemen to run cross-country and track. He is joined by Courtney Bruggman, Michael Bruggman, and coaches Dan Geiger, Rich Boyce, and Bill Buckenmeyer.

Elizabeth Cohen signed with Geneseo to run cross-country and track. She is joined by Coach Dan Geiger, Jeanne Cohen, Coach Bill Buckenmeyer, and Coach Rich Boyce.

Zak Jantzi signed with Roberts Wesleyan to run cross-country and track. He is joined by Coach Dan Geiger, Todd Jantzi, Coach Bill Buckenmeyer, and Coach Rich Boyce.

Ray Leach, the Blue Devils star running back who set several state records on his way to leading the Batavia to a state championship appearance, did not attend Wednesday's signing ceremony. He is expected to attend SUNY Cortland.

Earlier this today a fully loaded semi-truck left the roadway on Route 63 in Bethany and landed in a ditch.

Parises has been on scene and is now ready to try and right the truck and get it out of the ditch so Ellicott Street Road is being closed temporarily between Transit Road and East Road.

A pair of jeans with a hole, a pair of shoes, and a jacket that were all consistent with images of a robber in a surveillance video were key to getting felony convictions in a jury trial for Michael J. Piasta, according to District Attorney Lawrence Friedman.

"This is a case where we definitely needed that surveillance video to provide the corroboration that we needed," Friedman said.

Piasta took $10,000 from the Arby's, 212 W. Main St., Batavia, on March 25, 2018. 

The jury took two hours to decide Piasta was guilty of robbery, 2nd, grand larceny, 3rd, and criminal possession of a weapon.

Friedman said Piasta carried an imitation handgun and wore a mask when he robbed Arby's.

On April 13, 2018, Piasta, who had already been identified as a suspect, was located in a pickup truck with three other individuals stopped by a Batavia police officer on West Main Street. Friedman said the pants he wore that day had a hole in one leg consistent with a hole in the leg shown in the surveillance video.

He also wore shoes Friedman said he thought were unique and consistent with the shows shown in the Arby's video.

The jacket Piasta wore during the robbery was located at his mother's house following his arrest. His mother said the jacket was hers but she had loaned it to her son a few days before the robbery and it was returned shortly after the robbery, according to Friedman.

"We had a witness who testified that defendant came to his residence right after the crime wearing clothes consistent with the clothes worn during the robbery and that he had several thousand dollars with him and he stated that he had, quote 'done dirt', which apparently means he committed a robbery," Friedman said.

Piasta has three prior stints in state prison and is eligible for sentencing for persistent felony offender status, which means a minimum of five years in prison. The maximum term for a Class C felony is 15 years.

When Piasta was sentenced in 2010 on a burglary charge, he told Judge Robert C. Noonan, "At this point, I just want to say I don’t feel that I’m hopeless," Piasta told Noonan before receiving a maximum state prison term of seven years for burglary. "Regardless of what happens today, I think I can make things better."

Photo from April 13, 2018, of the scene on West Main Street, Batavia, when Michael Piasta was taken into custody as a suspect in the Arby's robbery.

Press release:

Assemblyman Steve Hawley (R,C,I-Batavia) is urging constituents, local officials, Second Amendment advocates, Rod & Gun Club members and anyone involved with youth marksmanship programs to call or write their local representative and Gov. Cuomo requesting a veto of legislation that could virtually wipe out all shooting competitions for youth and training for young people under 16 years of age.

The so called “Safe Storage” bill, which Hawley voted against, places unnecessary and ambiguous restrictions on the storage and incapacitation of firearms for those who do not own them and could put an end to youth marksmanship in New York.

“As we’ve seen time and time again with these measures that infringe on our right to bear arms, they are poorly written and passed hastily, causing many undue consequences that hurt law-abiding gun owners, hunters and those who simply enjoy marksmanship activities,” Hawley said.

“This bill has not yet been sent to the governor to be signed into law, which means we must make our voices heard. I urge everyone who supports youth marksmanship and the Second Amendment to call or write the governor immediately!”

Contact Gov. Cuomo by phone: (518) 474-8390

By mail:     The Honorable Andrew M. Cuomo
                   Governor of New York State
                   NYS State Capitol Building
                   Albany, NY 12224

Robert Richard Gerety (right photo), 45, of Chestnut Street, Batavia, is charged with criminal contempt in the first degree and criminal obstruction of breathing. He was arrested following an investigation of a domestic incident that occurred at 9:28 p.m. on April 18 on Chestnut Street in Batavia. He allegedly grabbed a female acquaintance by the neck in violation of an order of protection. He was subsequently found to have an outstanding warrant for failure to appear in Batavia City Court. After arraignment, he was processed at the jail and allegedly found to possess a crack pipe, according to the police report. So he was charged with criminal use of drug paraphernalia. He was held without bail and is due in Batavia City Court on May 9. The case was handled by Batavia Police Officer Kevin DeFelice, assisted by Officer Christopher Lindsay.

Latoya Denise Jackson (right photo), 33, of Vine Street, Batavia, is charged with criminal possession of a weapon and second-degree assault. At 10:20 p.m. on April 20, Batavia police responded to a Vine Street residence for a physical disturbance call. After investigation, Jackson was arrested for allegedly cutting a male with a knife. She was arraigned in Batavia City Court and jailed without bail. She was due back in city court on April 22. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Peter Post.

Kishonti D. Williams, 28, of Harvester Avenue, Batavia, is charged with: driving while ability impaired by drugs -- first offense; aggravated unlicensed operation in the third degree; operating a motor vehicle while using a portable device; and unlawful possession of marijuana. On April 22 at 11:22 a.m. Williams was stopped on Route 5 in the City of Batavia for a vehicle and traffic violation. Following a roadside investigation, Williams was arrested. At the jail, GC Sheriff's Deputy Eric Meyer, a Drug Recognition Expert, administered a Drug Influence Evaluation and concluded Williams was impaired by drugs. He is due in Town of Batavia Court on May 16. The investigation was handled by Deputy Ryan Delong, assisted by Deputy Meyer.

John Roderick Benton, 61, of Colby Road, Darien, is charged with: Felony DWI -- operation of a motor vehicle while having a BAC of .08 percent or more, with a prior conviction within 10 years; felony DWI with a previous conviction; and failure to keep right. It is alleged that at 1:39 p.m. on April 21 on Tinkham Road in Darien that Benton drove up to a GC Sheriff's deputy and made an inquiry then immediately drove off. The deputy observed Benton unable to maintain his lane of travel and a traffic stop was conducted. Benton was subsequently arrested and issued appearance tickets for Town of Darien Court, where he is due to appear on May 7. The case was handled by Genesee County Sheriff's Deputy Richard Schildwater, assisted by Kevin McCarthy.

Patrick J. Michael, 38, of Batavia, was arrested by the City of Batavia Police Department on April 14 on an active Warrant of Arrest issued by the Wyoming County Family Court. Michael was wanted for failure to pay child support. Michael was turned over to the Wyoming County Sheriff’s Office where he was arraigned in the Village of Warsaw Court and put in Wyoming County Jail in lieu of $3,000 cash bail or bond.

Robert R. Richmond, 55, of Columbia Avenue, Batavia, is charged with trespass. At 4:43 p.m. on April 20, Richmond was arrested on North Street in Batavia after he allegedly entered a building to use the restroom after previously being avvised that he is not welcome on the property. He was processed and released on an appearance ticket. He is due in Batavia City Court on April 30. The case was handled by Batavia Police Officer Peter Post, assisted by Officer Mitchell Cowen.

Press release:

On Saturday, April 27, from 10 a.m. to 2 p.m., Genesee County law enforcement agencies and the Drug Enforcement Administration will give the public an opportunity to prevent pill abuse and theft by ridding their homes of potentially dangerous expired, unused and unwanted prescription drugs.  

Bring your pills for disposal to:

Pembroke Town Hall, Route 5 at Route 77 in Pembroke

• received by Genesee County Sheriff’s Deputies

Batavia Police Department Headquarters, 10 W. Main St. (rear parking lot) -- Batavia

• received by Batavia Police Officers

Le Roy Police Department Headquarters, 3 W. Main St. -- Le Roy

• received by Le Roy Police Officers

Only pills and other solids, like patches, can be brought to the collection sites—liquids and needles or other sharps will not be accepted. The service is free and anonymous; no questions asked.

This initiative addresses a vital public safety and public health issue. Medicines that languish in home cabinets are highly susceptible to diversion, misuse, and abuse.

Rates of prescription drug abuse in the U.S. are alarmingly high, as are the number of accidental poisonings and overdoses due to these drugs. The Substance Abuse and Mental Health Services Administration’s National Survey on Drug Use and Health shows year after year that the majority of misused and abused prescription drugs are obtained from family and friends, including someone else’s medication being stolen from the home medicine cabinet.

In addition, Americans are now advised that their usual methods for disposing of unused medicines — flushing them down the toilet or throwing them in the trash — both pose potential safety and health hazards.

File photos and press release:

The Genesee County Sheriff’s Office will be offering its second annual Teen Academy July 22 – July 26 at Byron-Bergen Central School.

“The Teen Academy is a one-week structured program which consists of instructional classes designed to provide high-school-aged students within our community an introduction to law enforcement training and gain an understanding of law enforcement’s role in their community," said Genesee County Sheriff Bill Sheron. "It is our hope that teens will build confidence while learning good decision-making and leadership skills."

Academy instructors are experienced Deputy Sheriffs who will discuss day-to-day operations of the Sheriff’s Office.

Participants will also:

• Visit the Jail, 9-1-1 Emergency Communications Dispatch Center, and Sheriff’s Office;
• Observe displays of the Emergency Response Team (ERT), Hostage Negotiation, SCUBA Team, K-9 Unit and Evidence Recovery;
• Be provided insight into motor vehicle accident reconstruction;
• Participate in daily physical fitness runs, defensive tactics and team-building exercises;
• Participate in a classroom setting and learn about the  NYS Penal Laws and Vehicle & Traffic Laws;
• Participate in mock traffic stops and DWI procedures.

Qualified candidates will be selected for an interview screening process if they meet the following requirements:

• Must be entering grades 10-12 in the fall;
• Must be in good academic standing with little to no disciplinary issues;
• Must be able to participate in physical fitness activities;
• Must have a positive attitude;
• Must have their parent’s or guardian's permission.

“This is a unique and forward-thinking opportunity offered by Genesee County Sheriff Sheron and Department," said Legislator Shelley Stein, chair of the Public Service Committee. "Teens are invited to immerse and be exposed to the real law enforcement experience.

"More than imagining, the academy opportunity is live, in-the-minute learning about today’s community policing needs of an exciting career in law enforcement. Students are encouraged to ‘try on’ a law enforcement career role."

There is no charge to attend the academy. Application deadline is May 10.

For more information, contact Deputy Matthew Butler at (585) 345-3000, ext. 3252, or (585) 494-1220, ext. 2304, or via e-mail at matthew.butler@co.genesee.ny.us

To learn more and/or download an application, visit here.

Press release:

Four alumni, one retired teacher, and one posthumous Batavia teacher will receive the Batavia City School District's first Musicians Of Note Award on Tuesday, May 14, at Batavia High School.

The alumni to be honored are: Robert Sullivan, Class of 1950, George Whittier, Class of 1951, Derek Reiss, Class of 1971, and Joey Pero, Class of 1999.

Former Batavia teachers honored are: Frank E. Owen, BCSD first director of Music for 37 years; and Kenneth Hay, BHS Band director and BCSD Music Department chairperson for 21 years. Ken Hay will defer his award until the Spring of 2020 and we will celebrate his success at that time.

They will be honored on the Wall of Fame for making an impact in their field.

From 5 to 5:30 p.m., there will be appetizers for guests and recipients in the cafeteria, with dinner to follow. The awards ceremony/concert will begin at 7 p.m. in the auditorium.

Dinner and awards concert will be $25 per person. You may attend just the 7 p.m. concert/awards ceremony for only $10, either in advance or at the door.

To reserve tickets for the event, please call Batavia High School (585-343-2480, ext. 2000) and ask for Lisa Brown. She will either reserve or mail them once they have been paid.

Please pay either cash or check, made payable to Batavia Music Boosters. Ticket reservations must be made by May 1st.  

The awards ceremony/performance will feature Joey Pero and Derek Reiss performing with the BHS Jazz Ensemble and BHS Brass Ensemble. Robert Sullivan will conduct a musical number performed by Mighty St. Joe’s Alumni Corp.

Donations for the Batavia High School Musicians Of Note can be made through the Batavia City School Foundation Inc.