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Submitted photos and press release:

Picone Construction has completed Alexander Central School District’s $6.8 million capital improvement project, which addressed energy efficiency upgrades, health and safety improvements, and site work at both the elementary and middle/high schools.

Alexander Elementary School improvements involved the reconstruction and/or replacement of: flooring, exterior masonry, mechanical systems, electrical components, hazardous materials, playground equipment and associated site work, pavement, drainage, and miscellaneous other repairs.

Alexander Middle/High School work included the reconstruction and/or replacement of: roofing systems, pool area and system components, interior and exterior masonry, egress pathways, mechanical systems, electrical components, hazardous materials, running track and associated site work, pavement, drainage, and miscellaneous other repairs.

The Architect of Record is SEI Design Group.

Picone Construction Corp. has been providing Professional Construction Services to the Western New York area since 1931. The firm specializes in general contracting, construction management, design / build, and facility services.

Press release:

Tickets are still available for the 15th Annual Celebrate Agriculture Dinner which will take place at 6 p.m. on Saturday, March 18, at the Alexander Fire Hall.

This annual event is a celebration of Genesee County’s number one industry – Agriculture. The highlight of the night is a delicious meal using locally produced foods prepared by Penna’s Catering. The dinner is open to the public.

Tickets can be purchased at the Genesee County Chamber of Commerce, 8276 Park Road, Batavia. Tickets are $30 each or a table of 10 can be purchased for $275. Sponsorships are also available which help support agriculture educational events in Genesee County. Only 400 tickets will be sold. Tickets will not be available at the door.

The Celebrate Ag Dinner is coordinated by the following partners: Cornell Cooperative Extension of Genesee County, Genesee County Chamber of Commerce, Genesee County Soil & Water Conservation District and Genesee County Farm Bureau.

For ticket information contact the Genesee County Chamber of Commerce at 585-343-7440, ext. 1027, or chamber@geneseeny.com.

Submitted photos and press release:

Pembroke Fire District and Akron Fire Company joined forces Feb. 20th to train on each other's equipment.

Chief Jamie Waff, of Pembroke, and Chief Todd Pfeiffer, of Akron, stressed the importance of teamwork between neighboring departments, especially during calls where mutual aid is required, such as with structure fires and MCIs.

Both departments look forward to continued training in the future. Volunteer fire departments statewide are in urgent need of members. Please consider volunteering today!

Submitted photo and press release:

Batavia resident and International Peace Garden Foundation President Paula Savage, recently returned from Puerto Vallarta, Mexico, where she participated in the dedication of the 2017 International Peace Garden located at the Vallarta Botanical Garden.

Mexico was nominated for the honor because of its substantial contributions to the UN in areas such as peaceful settlement of disputes, struggle against apartheid, promotion of disarmament and halting of climate change. Puerto Vallarta is known to be a leader in Mexico for respecting diversity of cultures and human rights.

Savage said “It was a unanimous decision to select the Vallarta Botanical Garden to convey the message of world peace believing the Botanical Garden of Vallarta is a place of calm, comfort and healing of body, mind and spirit."

Inclusion and unification was the message of the day. During the dedication ceremonies on Feb. 16th several representatives from the interfaith community addressed the audience with wide praise for the mission of the International Peace Garden Foundation.

The new International Peace Garden adorns the slope that rises toward the entrance of the recently constructed Chapel of multiple doctrines. The Chapel is a replica of the well-known Franciscan mission in San Juan Capistrano, Calif. The plants, together with Mexican wildflowers, represent the Mediterranean region of the Holy Land, a geographical region that gave birth to some of the most prolific religions in the world. Bob Price, curator of the Vallarta Botanical Garden “the intention is to cultivate them harmoniously, to create a sanctuary for prayer and meditation without disturbance.”

The International Peace Garden Foundation is a charitable organization established to advance global friendship through the creation of worldwide Peace Gardens. Since 1990 these Peace Gardens span five continents. Residents and visitors to our community have enjoyed the Batavia Peace Garden since it opened in 2011 to celebrate 200 years of friendship with Canada.

The Batavia Peace Garden flies the flags of all the recipient countries and is registered as an Honorary International Peace Garden. There are nine Honorary International Peace Gardens in New York State along the Bicentennial Peace Garden Trail. More information about the Foundation can be obtained by visiting www.ipgf.org.

The Elba Central School Drama Club is presenting the musical "Hello, Dolly!" this weekend.

The show opens at 7 p.m., Friday. Additional performances are at 2 and 7 p.m., Saturday, in the school auditorium.

Tickets are $6 for students and seniors and $8 for adults. Tickets available at DailyNewsTickets.com, Roxy's Music Store, and at the door before the show.

Billy Joe Trantham, 78, of Bloomingdale Road, Alabama, is charged with forcible touching. On Feb. 18, following the investigation of a sex offense that allegedly occurred in the Town of Alabama, Trantham was arrested. He allegedly touched the intimate parts of another person without the person's consent. He was released on an appearance ticket and is to be in Alabama Town Court at 2 p.m. on March 2. The case was handled by Genesee County Sheriff's Deputy Travis DeMuth, assisted by Deputy Kevin Forsyth.

A complaint that a vehicle allegedly ran another vehicle off the road almost causing an accident, on Route 19 in Le Roy, led to a traffic stop of 32-year-old Brandon S. Beil, of 6370 Hawks Road, Pavilion by the Le Roy Police Department. The complaint was received on Saturday Feb. 18 about 7 p.m., at which time the Le Roy Police Department started looking for Beil’s vehicle and located it on Clay Street where the vehicle stop was initiated. During the stop, it was determined that Beil was allegedly intoxicated; he was uncooperative during the arrest process and allegedly struggled with the officers at the scene. Beil allegedly refused all field testing and the chemical test. Beil was charged with one count each of inadequate head lights, felony driving while intoxicated (with previous conviction within 10 Years), refusal to take the breath test, failure to keep right and resisting arrest. Beil was arraigned before the Le Roy Town Court and committed to the Genesee County Jail in lieu of $5,000 cash bail.     

Next month, nearly a year after he was arrested and accused of menacing a police officer, Bill Thomas will find out when his jury trial on the two felony charges against him begins.

Thomas withdrew his prior guilty plea to a count of criminal possession of a weapon, 3rd, today. He was also charged with menacing a police officer, a Class D violent felony.

He was arrested March 16. He will next appear in court on March 13.

In the intervening months, he's been through three attorneys, was about to start a jury trial but then entered a guilty plea on the day the trial was supposed to start, then at his first sentencing date, tried to withdraw his plea. That wasn't allowed and then again, last week, appeared for sentencing only to learn from Judge Michael Mohun that there was a procedural error by the court when his guilty plea was accepted.

Thomas was given time to confer with his attorney, his family and think over his options, which included withdrawing his plea and taking his case to a jury or sticking with his guilty plea and accepting whatever sentence Mohun might impose.

This afternoon, Mohun granted Thomas his request to withdraw his prior guilty plea.

Attorney Jamie Welch said he doesn't discuss ongoing cases and declined to say why Thomas decided to withdraw his plea.

One salient fact that came out last week at the sentencing hearing, before Mohun put a stop to it, was that even though Officer Peter Flanigan said he was threatened by Thomas while Thomas was holding a knife, there was no knife recovered on or near Thomas after he was arrested.

Four hours after the confrontation, Thomas was found to have a BAC of .22 and said he had few memories of events that early morning on State Street, but maintained he wouldn't have threatened a police officer, according to statements Welch made in court last week.

The Genesee County Sheriff’s Office filed charges Feb. 16 against Nicole K. Sullivan in relation to a one-car accident that occurred during the early morning hours of June 10.

Sullivan, 31, of Perry, is charged with: falsely reporting an incident in the third degree; unlicensed operator of a motor vehicle; aggravated unlicensed operation of a motor vehicle in the third degree; operation of an unregistered motor vehicle; failure to notify the Department of Motor Vehicles of change in address; no seat belt; and driving left of pavement markings.

On June 10, at approximately 2:25 a.m., an accident on Fargo Road, Stafford, was reported. When deputies arrived on the scene, they say they found a male, later identified as Zachery W. Schwartz, 20, unresponsive in the vehicle and a female, Sullivan, on the front porch at a nearby home.

At the time, Sullivan told officers that there was a third occupant, who was driving the car, and fled the scene, traveling north on Fargo Road.

Schwartz was flown via Mercy Flight 5 to Strong Memorial Hospital, Rochester, for extensive head injuries. Sullivan was taken via Mercy ambulance to Strong for head and leg injuries.

Fire personnel conducted a thorough search on foot of the surrounding areas using FLIR Technology (thermal imaging) in an attempt to locate the unknown driver involved in the crash. The New York State Police assisted by maintaining a roving perimeter of the area. Area hospitals were also notified to call the Genesee County Sheriff’s Office if they received any potential car accident patients.

Approximately three hours after the accident was reported, Sullivan admitted to police that she and Schwartz were the only occupants in the vehicle and she was the driver.

The charges stem from the allegation that Sullivan was in fact the driver of the car at the time of the collision and she gave false information concerning the details of the incident. It is further alleged that there was not an unknown driver of the car who fled the scene as originally reported by Sullivan.

Assisting at the scene of the accident included Stafford, Batavia, and Le Roy fire departments, Genesee County Emergency Management, and Mercy medics.

For original post, click here.

About six people are said to be fighting outside the Batavia Meadows apartment complex at 4112 W. Main Street Road, near apartment B1. Law enforcement is responding.

The remains of an animal found in the basement of a former Batavia pet shop have been sent to an office of the SPCA (Society for the Prevention of Cruelty to Animals), according to Officer Eric Hill, spokesman for Batavia PD.

One of the things SPCA examiners will try to do is determine what kind of animal it was that was found in the basement of the former location of Neptune's Gardens.

An employee of I.D. Booth, the company that owns the building on Ellicott Street, with a store next door, reportedly found the remains in a box while cleaning out the basement to prepare the store space for a potential new tenant. That employee posted a picture of the dead animal to social media, saying it was a dog, and the dozens of people that reposted it (the post has since been removed) and media who reported on it, including The Batavian and the radio show Kimberly and Beck, didn't stop to question whether it really was a dog in the picture.

The skull was not in complete profile in the picture, so it's indistinct, but there is no clear sign that it had a snout or canine-like teeth. Also, from a picture, without anything of scale next to the remains, it's impossible to tell the actual size of the animal. 

Asked if it might not be a dog, Hill said, "Nothing has been ruled in or out at this time."

Reached last week, at a time when everybody believed the bones were the remains of a dog, Neptune's co-owner Kathy LaFarnara said she had no idea how bones from a dog could have wound up in the basement of their former store. Neptune's closed that location, with plans to open another one in a smaller space across the street, more than five months ago.

Hill said the case is open pending a report from SPCA and otherwise there is no new information to report.

Kelsey Torrey, Kristsen Danosos and Mark Ditzel were among the crew of Batavia Area Jaycees members who put out, and then took down, the U.S. flags along Main Street yesterday for President's Day.

The Jaycees are on a recruitment drive, backed by a group of past presidents and former members, said past president Tom Ditzel.

"I joined Jaycees in 1980 and made lifelong friends," Ditzel said.

Jaycees is a leadership training organization open to young men and women age 18 to 40. The Batavia Area Jaycees have a rich heritage and were instrumental in getting public support to create Genesee Community College and pushing the County Legislature for the Genesee County Park. They installed lights on the Upton Monument, put up flags on Main Street for all national holidays, and run countless other local projects around the county.  

For those interested in membership, email bajny@yahoo.com or visit the group's Facebook page.

Press release:

Eichenfeld LLC, a company based in Oakfield, will be launching a MöbileSchlägen Kickstarter crowdfunding campaign on Feb. 27^th at midnight. To celebrate, Eichenfeld owners Marc Johnson, James Betters and Dan Manges invite the public to a MöbileSchlägen Launch Party on Saturday, Feb 25, 7 p.m., at Ken’s Charcoal Pits & Bar-B-Q (formerly, City Slickers Bar & Grill) located at 59 Main St., Batavia.

The traditional nail-pounding game of skill, strategy and fun, can only be played by acquiring large stumps of wood that must remain stationary in your yard or gaming venue. MöbileSchlägen has reinvented this favorite German game, made it mobile and now you can be the first to purchase the world’s only portable nail hammering game. 

Of MöbileSchlägen’s much anticipated product launch, coinventor Marc Johnson said, “We’ve spent a great deal of time proving our concept, engineering our product, and securing a full utility patent from the United States Patent and Trademark Office. We have a deep bench of MöbileSchlägen ambassadors that have patiently waited for this moment.

"We anticipate a very active Kickstarter project. Our team is poised to meet the demand of our customers and we are excited with the amount of support the crowdfunding community has promised to the MöbileSchlägen project. This is the beginning of a fun run.”

The event on Saturday evwening will feature food and drink, music, swag giveaways and a chance to try MöbileSchlägen. The fun starts at 7 o'clock. If you cannot attend the launch party, please check out MöbileSchlägen’s website at www.mobileschlagen.com, once the campaign is active, just follow the provided link. This site goes live at 12:01 a.m. on Feb. 27.

Photos: File photos from an event announcing MöbileSchlägen at the Carryville Inn in June. Top photo: Marc Johnson.

Previously:

• New business in Oakfield aims to expand market for old German game
• Entrepreneurs from Oakfield get front page treatment from the Wall Street Journal

Investigators are looking for help in identifying three individuals involved in a theft from Target and an attempted theft from Game Stop on Veterans Memorial Drive.

The three individuals entered Game Stop at 6:46 p.m., Feb. 15, and while two of the men distracted a store employee, a third went behind the counter and attempted to gain access to the safe. 

It was locked.

The three men then went to Target, stole a magnetic unlocking device, and then stole about $800 in Beats headphones.

They then left in a gold Honda Odyssey. No plate number could be obtained.

Investigators checked with other stores in the area but no similar incident was reported at those stores.

One suspect was wearing pink shoes and a Coca Cola jacket.

People with information that may assist investigators can call Investigator Chad Minuto at (585) 345-3000.

Press release from David Olsen, chairman:

“Just because you do not take an interest in politics...does not mean that politics won't take an interest in you.” This quote from Pericles -- who lived in Athens, Greece 2,500 years ago -- was true then and is true today in Genesee County. The 44th President of the United States of America, Barack Obama said in his farewell speech: “If you're disappointed by your elected officials, grab a clipboard, get some signatures and run for office yourself. Show up. Dive in. Stay at it. Sometimes you'll win. Sometimes you'll lose."

Many have lost interest and faith in our political system. I won’t argue that it is perfect, nor will I say it’s fair. It’s far from either, but it is what we have and we all have access to it. It is possible for virtually anyone to run for and win a seat in our county legislature, Batavia’s city council or a town board in our county.

The Libertarian Party is the fastest growing political party in the United States. Have you had enough of the continued partisan bickering and the constant growth of government, both in cost and intrusiveness? Have you decided, as have many others that the Republicans and Democrats are not for you? Do you want to make a difference? Then contact us, we would love to hear from you and discuss any and all potential candidacies.

Please feel free to contact me or Vice Chairman Mark Potwora at gclp.ny@gmail.com. You can also message us through our Facebook page www.facebook.com/GCLP.NY/

Press release:

Deputy Sheriff Christopher Parker of the Genesee County Sheriff’s Office has been selected as the 2017 New York State Sheriffs’ Institute’s Deputy of the Year. He was nominated for the award by Sheriff William A. Sheron Jr.

This statewide award was presented at the New York State Sheriffs’ Institute’s Annual Awards Luncheon, which is annually held in Albany.

On Sept. 13, the Genesee County Emergency Dispatch Center received a report of a fire in a six-apartment complex in the Town of Pavilion, Genesee County. Deputy Chris Parker was the first law enforcement officer on the scene. When he arrived, he observed a fire in apartment #6. Thick, black smoke was rolling out of the building. Deputy Parker, without regard for his own safety and without any protective breathing apparatus or gear, entered apartment #5 to check for residents.

After he cleared the ground floor of that apartment, he entered apartment #4 and cleared that as well. In doing so, he realized that the apartments were two stories, and he had not cleared the second story of apartment #5, directly next to the fire. He returned to #5 to check the upstairs. As he entered a bedroom on the second floor, he discovered an elderly man asleep in a bed. The room was filling with smoke. He woke the man and got him out of the building. Deputy Parker then continued to clear apartments as firefighters started to arrive. This effort was all captured on Parker’s body camera.

Given the fact that the man was sound asleep as smoke crept in his bedroom, Deputy Parker’s quick, fearless actions most likely saved the elderly man’s life.

“Deputy Parker’s heroic action, in which he reentered a building fully engulfed in flames, to rescue an elderly man meets the Deputy of the Year Award’s criteria perfectly,” stated the Award’s Selection Committee’s Chairman, Sheriff Ron Spike of Yates County.

“Deputy Parker put his life on the line to save the life of another. In today’s society we use the word hero pretty loosely, but not in this particular case. Deputy Parker is a hero in the true definition of the word.”

JAYME PRIVITERA -- FIRST PLACE

RICHARD GROSS -- SECOND PLACE

KRISTEN STEPHANY -- THIRD PLACE

The Ellicott Trail Project has its logo, and it’s the work of an accomplished graphic artist from Le Roy who is no stranger to entering (and winning) competitions that are open to the public.

“I’m really excited about the fact that people will be able to see something that I created,” said Jayme Privitera, a professional graphic designer for the past decade.

Privitera’s captured First Place in the competition that was set up by the Ellicott Trail Project steering committee to find a logo that best represents the proposed 4.6-mile bicycle/pedestrian path that will run from Seven Springs Road to Pearl Street Road (Route 33).

She won $100 for her logo, which will be used in many ways, such as on all-weather exterior signs, way-finding maps, stainless steel sidewalk emblems and, eventually, banners, stickers and fliers.

Richard Gross, of Wyoming, took Second Place, winning $75, while Kristen Stephany, of Warsaw, placed third, good for $25.

Members of the steering committee, led by Tom Lichtenthal, who also is serving as project manager for the Town of Batavia, made their selections on Thursday afternoon.

Lichtenthal said that 26 finalists out of the 176 submissions were considered at yesterday’s meeting. Entries came in from students and adults – from the age of 10 to 58 – from 15 communities in Genesee, Livingston, Monroe, Erie, Wyoming, Niagara and Allegany counties.

Privitera said her goal was to keep the logo simple (per contest rules) and “easily recognizable, emphasizing that it was for a trail – something that keeps going.”

Two years ago, she won a statewide contest conducted by adnetworkny.com. Since 2011, she has provided graphic design for Lake Country PennySaver in Albion.

The logo will be officially unveiled at the Batavia City Council meeting on Feb. 27, Lichtenthal said.

Gross, a former ironworker and fabricator, said he does 3D modeling in his home “for fun.” He said he focused on the location of the trail and keeping the logo uncluttered.

Stephany is an adult student in her last semester at Genesee Community College where she is majoring in Graphic Arts. She said her goal was to use text that rendered “a bit of elegance and class” to the logo.

In December, Lichtenthal reported that the $1.7-million joint venture between the city and town was on schedule for completion by Thanksgiving.

The Town of Batavia is acting as lead agency for the project, which is being funded for the most part – 80 percent -- by a New York State Department of Transportation grant. The Town of Batavia and City of Batavia are contributing 10 percent each.

A Municipal Facility Grant of $250,000 will pay for a new bridge on Walnut Street, Lichtenthal said, while a portion of funds from a Genesee County Parks Department capital project will pay for a boardwalk at DeWitt Recreation Area.

Video provided by the Batavia City School District.

The forum at Batavia High School on Wednesday night was meant to discuss all aspects of the City School District's proposed $26.7 million capital improvement project, but most comments zeroed in on the future of Van Detta Stadium.

Some area residents are concerned about lights, noise, traffic, pedestrians and trash related to events at the facility.

The project, which the district has dubbed the 2020 Vision Capital Improvement Project, also had its supporters.

The project relies on money saved specifically for capital improvements and state aid, so all of the new building and upgrades can take place without any local tax increase.

Voters will be asked whether the district should move forward with the plan at a referendum vote March 2.

Jim Owen, a Redfield Parkway resident, substitute teacher, and regular at community events, praised the district for the plan.

"I just wanted to say thank you to the board and the superintendent for putting this opportunity to the voters," Owen said. "A zero-tax increase is, in my opinion, a no-brainer. When I pay a zero increase to get these benefits for today, tomorrow and the future for the children and the community, I say, thank you very much."

Among the skeptics was Councilman Bob Bialkowski, who lives in the area of the stadium. He said he has had calls from area residents about events at the current stadium and worried that changes will just make matters worse for the otherwise residential neighborhood.

“We need to teach our kids an important lesson that we care about our neighborhoods and our residential community," Bialkowski said. "I think it would be better if the vote was separated, the stadium separate from the rest of the project, but it’s too late for that.”

On the issues of light, noise, traffic and crowd control, Superintendent Chris Dailey said all of those issues are being addressed.

Lighting, for example, will use new LED lights that will not only be more energy efficient, they will be more directional so there will be less "spray" into neighboring properties.

There will continue to be security in place, including Batavia PD, to help deal with traffic, and the school will continue to emphasize to students the importance of not walking on people's lawns and leaving behind their trash.

Mike Barrett, an area resident, said he was pretty accepting of the seemingly inevitable change, but he's not happy about the prospects. There are already problems and he thinks they will just get worse.

"It’s getting out of hand, and now you want to bring in more programs," Barrett said. "This is a residential area when I have complaints it’s always on a Friday night, a Saturday night and nobody can be reached. I call the police, they drive by, they wave at the people and nothing gets done. It gets worse. So when I hear about marching bands and expanded athletic events, I think, this is insane. It’s a residential area."

Brad Griffith, who also lives in the area and said he played on Woodward Field when he was in high school, said he understands the concerns, but he thinks the new stadium will benefit the community and benefit the students.

"This is going to bring business to Batavia and we all gain from this," he said. "I know some have their issues with this, but I’d rather have my kids taking part in athletics and staying out of trouble."

There was little discussion about the planned upgrades to the four schools in the district, but when there was, it was about the current and future use of a building no longer used as a schoolhouse -- Robert Morris.

One parent asked, instead of adding more classrooms to John Kennedy, why not move one grade of students over to Robert Morris.

That was considered at one point, Dailey said.

"We looked at relocating one grade over to Robert Morris and looked at the social, emotional and academic impact, as well as the financial, of moving one grade over, and it was not beneficial to the students to add one more transition to the age group," Dailey said. "That’s why we chose not to go into Robert Morris."

Currently, Robert Morris is being used by the Star Program, a day-care provider, Genesee County Mental Health Association as a satellite office to help students and the IT department and buildings and grounds may be moving in.

After Bialkowski objected during his remarks to talk of the Batavia Daily News moving its offices over to Robert Morris, Dailey said that while the Daily News had toured the building, there was no current lease offer. After the meeting, he said the Daily News looked at the building months ago and never followed up with any further discussions.

County legislators are being asked to approve a $110,000 expenditure to start a feasibility study on the construction of a new county jail.

Both County Manager Jay Gsell and Sheriff William Sheron told members of the Ways and Means Committee on Wednesday that the county would be better off getting out in front of the issue instead of waiting for the Corrections Commission to come down hard on the county.

"If we didn’t at least show progress, do a needs assessment, they’re going to pull the variance," Sheron said.

For at least 15 years, the jail has been operating with a variance for the number of beds in the jail, and without it, the county would have to ship some portion of its male prisoner population to other county jails, like they do now with female inmates.

“If we have to start boarding out males at $85 to $90 a day aside from our 11 this week, I believe it was, to 22 females, that starts to push our costs outside the realm of reality," Gsell said.

Legislators asked if the study would take into account the county's ability to pay for a $35 million to $42 million facility, Gsell said the cost issue wouldn't be a factor if the county did nothing and the state forced the county into building a new jail.

"If we don’t do this and let the commission drive us the way they did the last time we had to add seven people into the complement of people (at the jail) because of the posts we have versus what they wanted us to do, then shame on us because, basically, our inability to pay wouldn't really factor into it," Gsell said.

Legislator Shelly Stein asked if the study would look at what services were offered through the jail. In an era of rising addiction rates, she said it was important to her that drug treatment and mental health professionals have better access to inmates.

Gsell said a needs assessment would gather input from all interested members of the community and all of those issues could be brought to the table.

After the meeting, Sheron said the Sheriff's Office is already in the process of working with drug treatment and mental health agencies on creating treatment programs at the jail.

The process would also include discussions on a joint facility with Orleans County, which has already had variances rescinded for its jail, perhaps even bringing Wyoming County into the discussion for a three-county facility.

Calling Scott Lamagna's participation in an attack on a patron of Playmates in Byron "brutal" and "senseless," County Court Judge Charles Zambito rejected the idea of a probationary sentence and sent him to state prison for three and a half years.

"I can't put you on probation or give you a community-based sentence and be confident the community will be safe," Zambito said. "I don't know what will set you off."

Lamagna and his brother Jonathon attacked a patron in the parking lot of the strip club. The attack stemmed from a barroom disagreement. After beating the victim, the owner of Playmates tried to assist the man, whom she found in the parking lot lying in a pool of his own blood, by dragging him onto the porch. Zambito noted that Scott and Jonathan then renewed their attack. Jonathan kicked the victim in the ribs and Scott kicked him in the head, both kicks caused serious injuries.

The brothers then left the scene, stopped at the 7-Eleven in Bergen, where they attacked two other people.

"Mr. Burns (defense attorney Thomas Burns) did his best to try and convince me I should give you a chance out in the community, but I'm not convinced," Zambito said.

Burns argued that his client is remorseful for his actions and realizes he needs help for alcohol and drug abuse. He said Lamagna does have a record of being able to maintain a job and would be employable if released to probation. He also said Lamagna had strong support from his family. 

Scott is older than his brother and Burns said Scott understands that as the older brother it was his responsibility to society to set the mature example.

"He knows he dropped the ball on that one," Burns said.

Jonathan Lamagna was sentenced last week and Scott's sentencing was scheduled for the same day, immediately afterward, but Assistant District Attorney Kevin Finnell presented information obtained from wiretaps on jail phone calls between Scott and family members.

Burns objected to use of the recordings in evidence for the sentencing because he didn't even know about their existence before Finnell mentioned them in court, so the sentencing was adjourned to today, giving Burns time to review the recordings.

The recordings reveal a defendant who was scared and under stress and trying to deal with his immediate concerns, as any person would, Burns said, adding they didn't indicate Lamagna was any less concerned about the condition of his victim.

There was also evidence presented that indicated that before Lamagna was arrested, he made frantic calls to people trying to find somebody to take care of his dog.

Before sentencing, Lamagna addressed the court and said he was deeply sorry for hurting innocent people.

"I wish I could take it all back but I know I can't," Lamagna said.

He said he was prepared for the consequences of the judge's decision as a result of his own actions.

If sent to prison, he said, "I will come out a better person."

Zambito wasn't convinced as he looked at the violent nature of the attacks and Lamagna's seven prior charges of resisting arrest.

"It's sad that you didn't have the same concern that you had for your dog for human beings," Zambito said.