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Multiple injuries reported in crash in Alexander

By Howard B. Owens

A car has reportedly hit a utility pole in the area of 10612 Main Road, Alexander.

Multiple injuries reported. 

Extrication required.

Crash management requested to the scene.

Alexander fire and ambulance, along with Mercy EMS and a Bethany ambulance requested to the scene.

UPDATE(S) (By Billie) 4:50 p.m.: The vehicle is a white sedan that is wrapped around a tree -- not a utility pole -- on the driver's side. Mercy Flight #8 just landed at the crash site. National Grid is informed about a nearby damaged pole. Town of Batavia fire is on standby.

UPDATE 4:55 p.m.: The vehicle was northbound in Wyoming County when Genesee County law enforcement was notified about a pursuit by officers in Wyoming County for reasons not announced by dispatchers. A few moments later, this crash occurred.

UPDATE 5:18 p.m.: Mercy Flight is airborne en route to Strong Memorial Hospital in Rochester with one patient.

UPDATE 5:32 p.m.: A source at the scene says three people were in the vehicle that crashed. One of them died. Two others were transported to hospitals with serious physical injuries.

UPDATE 5:40 p.m.: The chase of the vehicle was started by Warsaw Police Department for unknown reasons. According to Village of Attica Police Chief Dean Hendershott, the chase was called off by Warsaw after their officer lost sight of the vehicle. Bystanders in Varysburg flagged down a law enforcement officer to report the vehicle being pursued was heading north on Route 98, Hendershott said. South of the Village of Attica, an Attica police officer spotted the sedan and pulled in behind it, prompting the driver to speed away. A pursuit ensued and the renegade car passed other vehicles and ran red lights. The pursuing Attica officer lost sight of the car; then it was spotted wrapped around the tree in Alexander.

UPDATE 5:50 p.m.: Both surviving patients sustained life-threatening injuries and a second Mercy Flight helicopter was dispatched and it took a female patient to Erie County Medical Center. The vehicle was a rental, said Genesee County Sheriff's Sgt. Andrew Hale, and authorities do not yet know who the occupants were or where they came from.

UPDATE 6:15 p.m.: The chase began in the Village of Warsaw after police stopped the car for a traffic violation. Genesee County Sheriff's Sgt. Jason Saile said the driver lost control of the vehicle well before striking the tree, based on the very long skid marks on the roadway in Alexander.

Photo submitted by reader Christopher Desautels.

Kevin Finnell promoted to First District Attorney

By Howard B. Owens

Press release from District Attorney Lawrence Friedman:

"I am very pleased to announce that longtime Assistant District Attorney Kevin T. Finnell is being promoted to the position of First Assistant District Attorney. Mr. Finnell is a highly experienced prosecuting attorney, having served more than 29 years with this office. ADA Finnell is a very knowledgeable, motivated public servant, who consistently exercises appropriate judgment in the prosecution of criminal cases.

"When longtime Bergen Town Justice Donald R. Kunego retired, his notice of retirement made mention of 'the outstanding professionalism of ADA Kevin Finnell.'

"In 2018 ADA Finnell received a Certificate of Appreciation in recognition 'for the highest level of professional assistance he has provided to the Genesee County Sheriff’s Office.' The Certificate stated that his 'professional skills and consistent high performance has been a major contributor to the overall effectiveness of the Sheriff's Office and the efforts of the Local Drug Task Force...Kevin T. Finnell has brought great credit upon himself and his chosen career as a Prosecutor.'

"Last Spring, based on nominations from the Genesee County Sheriff’s Office, Mr. Finnell received the statewide MADD Law Enforcement Recognition Award and the Kiwanis Club of Batavia Criminal Justice Award. In endorsing the MADD nomination, I referred to ADA Finnell’s enthusiasm for the job, work ethic and advocacy skills.

"I am confident that Kevin Finnell will do a great job in his new role and that he is fully capable of running this office in my absence."

Previously: First District Attorney Melissa Cianfrini resigns suddenly

Overnight wind knocks down trees, knocks out power in spots throughout the county

By Howard B. Owens

There are more than two dozen power outages reported in Genesee County following a night of strong winds that brought down trees and power lines and kept local fire crews responding to sparking and arcing lines throughout the night.

The largest outage is in the South Byron, Byron, and a bit into the Bergen area of the county with more than 800 National Grid customers without power. A work crew has just been assigned to that outage and power restoration is expected by 6 p.m.

There are six outages in the City of Batavia. The larges stretches along Ellicott Street from Jackson Street to Cedar Street and as far south as Jackson Primary School and north to about Florence Avenue. There are 547 customers without power in that outage. A crew has been assigned and power restoration is expected by 6 p.m.

There's an outage affecting 108 customers in the Naramore Drive area. A crew has not yet been assigned but power restoration expected by 6 p.m.

There are three other outages in the city affecting five customers are less.

There is an outage in the Town of Pembroke, west of Indian Falls, with 59 customers without power. No crew has been assigned. Power restoration is expected before 6 p.m.

There are two outages in Alabama. One affecting 16 customers the other 20. A crew has not been assigned. Power should be restored by 6 p.m.

On either side of Route 20 in Alexander and Bethany, along West Bethany Road and Molasses Hill Road, 58 customers are without power. No crew has been assigned and power restoration is expected by 6 p.m.

Residents in the area of Godfrey's pond, 42 customers, are without power. No crew assigned. Restoration by 6 p.m.

There's an area with 114 customers just west of Route 237 and mostly north of North Byron Road that is without power. No crew assigned. Restoration expected by 6 p.m.

Photos: Top three photos by Philip Casper of a tree down on Ellicott Avenue.

Below, reader-submitted photos. If you have weather-related photos to submit, email them to howard@thebatavian.com or text (585) 260-6970.

District Attorney working to get to full staff even before sudden resignation of top assistant

By Howard B. Owens

District Attorney Lawrence Friedman is currently managing an office with five vacancies at a time when the workload has increased because of changes in state law around how evidence is handled but he said everything is under control.

As first reported by The Batavian last night, First Assistant District Attorney Melissa Cianfrini resigned, apparently without notice, yesterday. 

Last week, ADA Shirley Gorman announced her departure at the end of the month to take another job.  Meanwhile, Friedman is anticipating filling a new ADA position in 2020 plus a part-time ADA.

The new positions were authorized by the County Legislature for the 2020 budget to help the DA's office deal with the state's new rules reporting evidence disclosure to defendants. 

While in the budget, Friedman must get authorization to advertise the positions. He will make presentations to the Public Service Committee on Jan. 13, Ways and Means on Jan. 15, with a vote for the full Legislature coming on Jan. 22.

"It has proven to be a challenge to find good candidates for vacancies, not only in our office but in other law departments in Genesee county and in other counties," Friedman said.

One new ADA has already been selected and will begin work Jan. 27.

The current DA's staff: ADAs Kevin Finnell, Shirley Gorman, Kaitlynn Schmit, and Joseph Robinson. The support staff is made up of confidential secretary Lacie Snell, paralegal Gabrielle Montalbano, legal clerk-typist Katie Schrider, legal clerk-typist Rhonda Natalizia, and legal clerk-typist Andrea Agan.

As for hiring a new First ADA, Friedman said he will have an announcement about that "very soon."

The departure of Cianfrini, who was the heir apparent for the DA's job, won't affect Friedman's retirement plans he said. His term expires on Dec. 31, 2021. He said he has no comment on next year's DA election.

Friedman said even under current conditions, the current staff is getting the job done.

"We are dealing with the workload in the interim by constantly adapting, working extra hours and coming up with new ways to meet our deadlines," Friedman said. "I am very proud of every member of our dedicated and talented staff, who have all been constantly assuming new and challenging responsibilities relating to the unreasonable and ill-conceived Discovery obligations recently imposed on us by the State of New York.

"Everyone in this office is working under a great deal of pressure, yet keeping a positive attitude. We have a great team! While the State, as is typical, has foisted yet another unfunded mandate on us, the Genesee County Legislature, the County Manager, the Batavia City Council and the City Manager have educated themselves re: our needs and they have all been totally supportive of our office at this very difficult time."

Photo: Lawrence Friedman, 2011 file photo.

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Batavia native and Nashville recording artist cohosting new TV series that features hit-making songwriters

By Howard B. Owens

As a songwriter herself, it really struck Krista Marie Oswald (nee Robusto) as another artist having a lightbulb moment when Gretchen Wilson told her how she came to write the song "Red Neck Woman."

"She said for her, she didn't understand why anybody would want to listen to her story," Oswald said during a phone interview today. "She's a girl from a tiny park in Illinois and nobody is going to listen to her story. She told me, that isn't the case."

Oswald is cohost of a new syndicated TV show, "The Song: Recorded Live at TGL Farms," which will air for the first time this Saturday in Rochester and Buffalo, that features songwriters and their songs and the stories behind the songs. It's filmed live at a farm she and her husband, producer Marc Oswald, own outside of Nashville. 

In an episode that will air near the end of season one, Wilson told Krista Oswald that her producer her told her that to be successful she needed to be true to who she is. "You've got to be 100 percent authentic to be true." 

It obviously paid off. "Redneck Woman" was the #1 country song in the nation in 2004.

Oswald is known professionally as Krista Marie. She's a singer and songwriter who grew up in Batavia. We last spoke with her in 2013 when the band she was with at the time, The Farm, played at Frostridge in Le Roy.

She's thrilled, she said, to get a chance to sit down and talk with so many great songwriters, such as  Big & Rich, Rick Springfield, Jim Messina, Travis Tritt, and Don McLean.

She's joined on the series by cohost Damien Horne, who interviews CeeLo Green in the first episode (embedded above).

"Obviously, what's exciting to me about the show is personally, and as a songwriter, is getting to speak with these iconic artists and hear their take on what their creations meant and how they put it out there," Oswald said. "It's really interesting. CeeLo Green said in the first episode how it only takes one song to change history, to change music history, and that was a real moment for me."

There are other moments in the series, she said, such as Rick Springfield revealing that he didn't think much of his biggest hit, "Jesse's Girl," when he first wrote it. "It was just a little ditty," he told her.

"Honestly," she said Springfield said, "I feel like I've written better material but that just happened to breakthrough."

Jim Messina shared a similar story about his biggest hit with Loggins and Messina, "Your Mama Don't Dance."

He feels he's written better songs but like Wilson with "Redneck Woman," that song was born of his own conservative upbringing, making it true to life and, counterintuitively, more relatable to a popular audience.

The show also offers Oswald a chance to meet the songwriters who provided "the soundtrack" of her life, such as McLean, whose "American Pie" is perhaps the soundtrack of everybody's life. 

That song, of course, was released in 1971, long before Oswald was born but she said, "It was part of my growing up, part of my childhood."

The new TV series has other Batavia connections. Her mother, Barb Galliford, spent three weeks at TGL Farms helping landscape and paint "The Song Garden," where the interviews are recorded. Genesee County residents Johnny Cummings and Sam Polizzi, who recently opened a recording studio in Rochester called Sound Notions, helped with the production and when Robusto and her husband weren't happy with original theme music for the show, Cummings and Polizzi wrote and recorded a new theme song in 24 hours.

As she spoke with The Batavian, Oswald was at the luggage carousel at the airport in Miami with her husband waiting for their baggage. Marc had given surprised Krista Marie with tickets for tonight's Billy Joel concert in Miami.

Krista Marie, known as a country music artist, said people are sometimes surprised that she loves Billy Joel but she said if you love music, you love all kinds of music (which comes across in the first episode of The Song with soul singer CeeLo talking about his range of influences that include Iggy Pop and The Clash). That's why she is optimistic The Song will be a hit. It's a show about a love for music that covers every taste and every generation of fandom.

"Today, with music being so accessible, with iTunes, iPhones, and YouTube, I'm finding everything is more accessible. My 12-year-old niece loves 'Piano Man' and 'American Pie' and Rick Springfield. There's more good music, more demos, and more generations, and I think that's great." 

And with a little luck, Oswald said, maybe next season she will get to interview Billy Joel.

Episode 1 of "The Song" airs on WNYO in Buffalo at 10 p.m. Saturday. We've not been able to confirm that time of the show on 13 WHAM.

You can find "The Song" on Social Media: YouTube, Facebook, Twitter, Instagram, and on the Web at thesong.tv.

Submitted photo: Damien Horne, Don McLean, and Krista Marie.

Krista Marie performing with The Farm in 2013 at Frostridge

Krista Marie and her mother, Barb Galliford, at Frostridge in 2013.

Possible plea deal pending for man facing drug and weapon charges

By Howard B. Owens
        Darius Jones

A plea deal is apparently in the works for a Rochester man facing drug and weapon charges.

Darius Lamar Jones, 27, who was listed as a resident of Dewey Avenue in Rochester when arrested in October, but was also listed as an Attica resident when arrested in August, was scheduled to appear in County Court yesterday for an evidentiary hearing in anticipation of a trial on his drug charges. But the hearing was waived after a conference in chambers between the attorneys and Judge Charles Zambito.

Jones was indicted in June by a grand jury on a count of criminal possession of a controlled substance in the third degree, a Class B felony.  

In December, he was indicted on a count of criminal possession of a weapon in the second degree, a Class C armed violent felony. It is alleged that on Oct. 2 in the City of Batavia that they possessed a loaded firearm, an Amadeo Rossi .38-caliber revolver.

On the drug charge, under bail reform, he was eligible for release yesterday. On the weapons charge, his bail will stand at $25,000 cash, $50,000 bond, or $100,000 partially secured bond; however, if Zambito released the bond posted on the drug charge and placed Jones on release on own recognizance for the drug charge, Jones would not have been eligible for time served on any eventual sentence. In that light, Zambito set bail on the drug charge at $1 so Jones retains credit for time served.

The terms of the possible plea arrangement were not discussed in court yesterday.

Jones will appear again at 1:30 p.m., Jan. 30.

Law and Order: Rochester man charged with DWI, speeding and refusing breath test

By Billie Owens

Ambrose E. Robinson Jr., of Corwin Avenue, Rochester, is charged with speeding, driving while intoxicated and refusal to take a breath test. Robinson was arrested at 1:40 a.m. on Jan. 7 following a traffic stop on West Main Street in Batavia. He was arraigned in Batavia Town Court and released on his own recognizance. He is due in Batavia City Court on Jan. 16. The case was handled by Batavia Police Officer Stephen Cronmiller, assisted by Officer Peter Post.

Brad Lee Ohlson, 42, of Washington Avenue, Batavia, is charged with a probation violation. Ohlson was arrested at 5:18  p.m. on Jan. 9 on a bench warrant out of Batavia City Court for allegedly violating probation (unspecified) on Alleghany Road in Pembroke. He was arraigned in Batavia Town Court on the city court warrant. He is due in Batavia City Court on Jan. 16. The case was handled by Genesee County Sheriff's Deputy Jared Swimline, assisted by Deputy Kenneth Quackenbush.

Brian N. Miles, 24, of Sixth Street, Rochester, was arrested by the Monroe County Sheriff's Office Jan. 7 on a bench warrant (unspecified) out of Batavia City Court. He was turned over to the custody of Batavia Police Department and arraigned in Batavia Town Court. He is due to be back in city court on Jan. 14. The case was handled by Batavia Police Officer Miah Stevens.

First District Attorney Melissa Cianfrini resigns suddenly

By Howard B. Owens

District Attorney Lawrence Friedman issued a memo to members of the local legal community today announcing the immediate resignation of First District Attorney Melissa Cianfrini.

The Batavian obtained a copy of the memo this evening. It reads:

First Assistant District Attorney Melissa Cianfrini announced today that she has made the difficult decision to resign her position with the Genesee County District Attorney’s Office effective immediately and that she has other opportunities that she would like to pursue. I thank Melissa for her years of service and wish her well in the future.

Reached via text message, Friedman declined further comment.

We've attempted to make contact with Cianfrini and have yet to reach her.

Cianfrini, an Oakfield resident and wife of County Clerk Michael Cianfrini, joined the DA's office in 2009. She was promoted to first district attorney in 2017. With Friedman planning to retire at the end of his current term, she appeared, before today's resignation, to be his likely heir apparent.

Her resignation comes at a time when the DA's office is adjusting to an increased caseload, with additional staff, because of new, more rigorous, discovery rules in New York. The new rules require the office to turn over more evidence to defense attorneys in a more timely manner.

Photo: File photo.

Law and Order: Depew teen accused of assault at last summer's Wiz Kahlifa concert at Darien Lake

By Billie Owens

Alexander Daniel Neu, 18, of Dubonnet Drive, Depew, is charged with third-degree assault. Neu was arrested for allegedly striking a victim in the face at the Wiz Khalifa concert at 7 p.m. on July 21 at Darien Lake Performing Arts Center, causing physical injury to the victim. He is due to be arraigned in Darien Town Court at 4 p.m. on Jan. 14. The case was investigated by Genesee County Sheriff's Investigator/Youth Officer Timothy G. Wescott, assisted by Investigator Howard Carlson.

Joshua C. Pesci, 25, of Broadway Avenue, Alden, is charged with: two counts of driving while intoxicated; failure to use designated lane; driving on the sidewalk; unreasonable speed. Pesci was arrested Jan. 3 on South Main Street in Batavia following a property damage accident at 2:05 a.m. He was issued appearance tickets and is due in Batavia City Court on Jan. 22. The case was handled by Batavia Police Officer Jordan McGinnis, assisted by Officer Peter Post.

Nathan E. Hinze, 26, of Clifton Avenue, Batavia, is charged with driving while intoxicated and aggravated DWI. Hinze was arrested after a property damage accident on East Avenue in Batavia on Jan. 4 wherein he allegedly damaged a telephone pole with his vehicle. Hinze and his vehicle were located at 2:19 a.m. at a residence on Farwell Avenue. He was released on an appearance ticket and is due in Batavia City Court on Jan. 22. The case was handled by Batavia Police Officer Sean Wilson, assisted by Officer Marc Lawrence.

William J. Haight, 31, no permanent address, is charged with criminal mischief in the fourth degree and unlawful imprisonment in the second degree. Haight was arrested following a omestic incident at 12:07 a.m. on Jan. 6 on Jackson Street in Batavia. He was arraigned in Batavia City Court and is there again on Jan. 14. The case was handled by Batavia Police Officer Adam Tucker, assisted by Officer Peter Post.

Michael A. Ames, 27, of Le Roy, was arrested by Wyoming County Sheriff's Deputy Nowak on Jan. 3 for failure to pay a fine levied in Wyoming County. Nowak was notified by the Batavia Police Department that Ames was in custody on an active Superior Court Arrest Warrant. Deputies from Wyoming County met with Batavia PD and gained custody of the defendant and he was transported to Wyoming County Jail for commitment. He was due in Wyoming County Court on Jan. 6.

Liberty Street man accused of stealing vehicle, leading deputies on pursuit that ended in Wheatland

By Billie Owens

A man who lives on Liberty Street in Batavia was arrested in the early morning hours Monday after a traffic stop in Bergen turned into a pursuit.

Edward George Ruckdeschel (inset photo), 57, was stopped by Genesee County Sheriff's deputies at 5:04 a.m. in the 7900 block of Clinton Street Road (Route 33).

He allegedly stole a vehicle from a residence in Orleans County. According to the Sheriff's Office, he led deputies on a vehicle pursuit, then a foot pursuit, which ended in the Town of Wheatland, Monroe County.

Ruckdeschel is being charged with: criminal possession of stolen property in the fourth degree -- a motor vehicle; second-degree obstruction of governmental administration; aggravated unlicensed operation of a motor vehicle in the third degree; unlicensed operation of a motor vehicle; unregistered motor vehicle; failure to yield right of way when entering a roadway; no or inadequate head lamp; side windows non-transparent; and unauthorized stickers.

The defendant was issued appearance tickets and is due in Town of Bergen Court at 3 p.m. on Wednesday, Jan. 15.

The case was handled by Deputy Jordan Alejandro.

Genesee County wages lag rest of the region

By Howard B. Owens

At $821, the average weekly earnings of a Genesee County resident is on the lower end of wages paid in New York and well below the national average of $1,095 and the New York State average of $1,347.

It's also lower than the other GLOW counties: Livingston, $859; Orleans, $891; Wyoming, $885.

Downstate counties and Albany are where the state's highest wage earners are, of course, with New York City workers earning $2,109 per week on average.

Erie County's average is $986. Monroe County is $1,009.

According to the Bureau of Labor Statistics (a federal agency), "Forty-two of New York’s 44 counties with employment below 75,000 had average weekly wages below the national average of $1,095. Steuben ($1,127) and Schenectady ($1,115) were the exceptions. Yates and Hamilton counties reported the lowest average weekly wages at $690 and $691, respectively."

Law and Order: Jackson Street resident accused of 'using knife unlawfully' against a person

By Billie Owens

Leah R.H. Kelly, 35, of Jackson Street, Batavia, is charged with: menacing with a weapon; criminal possession of a weapon; and endangering the welfare of a child. Kelly was arrested following an investigation into a domestic incident which occurred at 1:26 p.m. on Dec. 12 on Jackson Street. The defendant is accused of using a knife unlawfully against another person or persons. Kelly was issued a computer-generated appearance ticket and is due in Batavia City Court on Jan. 14. The case was handled by Batavia Police Officer Peter Flanagan.

Michael Abdellah Jamil, 35, of Hart Street, Batavia, is charged with fourth-degree criminal mischief. Jamil was arrested after allegedly damaging property at Williams Park on Pearl Street in Batavia at 1:45 p.m. on Sept. 30. He was issued an appearance ticket for Jan. 14 in Batavia City Court. The case was handled by Batavia Police Sgt. Christopher Camp.

Cheyne A. Hoerner, 35, of Chapel Street, Lockport, is charged with driving while intoxicated with a BAC of .08 percent or more, and DWI. At 12:04 a.m. on Dec. 29 on Clinton Street Road (Route 33) in Stafford, Hoerner was arrested on the charges following a dangerous condition complaint. It was reported that a rim on motor vehicle was creating sparks while the vehicle was being driven. Hoerner was released on appearance tickets and is due in Stafford Town Court on Jan. 14. The case was handled by Genesee County Sheriff's Deputy Nicholas Chamoun.

Thomas William McCabe, 42, of East Avenue, Attica, is charged with petit larceny. At 8:27 p.m. on  Jan. 1, deputies responded to Kohl's Department Store on Veterans Memorial Drive following a larceny complaint. Following an investigation, McCabe was arrested. He allegedly stole clothing from the store. He was issued an appearance ticket for Town of Batavia Court and is due there on Jan. 16. The case was handled by Genesee County Sheriff's Deputy Erik Andre, assisted by Deputy Joshua Brabon.

Video: How an otter eating a fish was mistaken for a dog falling through ice

By Howard B. Owens
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At about 1:30 p.m. today a Stafford resident thought he saw a dog fall through the ice at Horseshoe Lake and after the dog didn't reemerge from the water, he called emergency dispatch.

Stafford fire along with the water rescue team from City of Batavia fire responded but the prospects appeared grim. The dog was nowhere to be seen, there was no motion in the area where the dog reportedly went in, and 15 minutes may have already passed.

Still, the water rescue team went about its task of inflating its boats and slipping into cold water gear.

Then a call came over the radio, "tell them not to go into the water yet."

A second later, a deputy received a phone call, "It's not a dog?" he said to the person who called him.

It turns out, another resident has been aware of what was going on all along but wasn't aware emergency crews had been dispatched. Mike Mullen, a retired City firefighter, had seen the animal out on the frozen lake and spied it through his binoculars. His wife grabbed her camera and a long lens and took pictures. It was an otter eating a fish.

Every once in a while, the otter would dive back in the water with its giant catch of the day and then come back up on the ice to surface to feast some more.

"Without binoculars, it would look like a dog struggling," Mullen said.

When his wife had to leave the house a short time later, she spotted the police and fire response and Mullen came out with the camera, with its LCD screen on the back to show the pictures, and let everybody know, "it's just an otter."

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Trial date set for man accused of killing Good Samaritan

By Howard B. Owens
   Quinten Edmonds

A trial date has been set for accused murderer Quinten Edmonds, who is accused of stabbing a Batavia man to death on Ross Street after the man tried to help protect a woman whom he apparently believed was being attacked by Edmonds.

The trial could begin May 20 if there is no plea agreement prior to the plea cutoff date of Feb. 19.

No plea offer was discussed in court and District Attorney Lawrence Friedman said outside of court that there is no plea offer on the table. He indicated, however, that he would listen to anything the defense might propose.

Edmonds is charged with second-degree murder, a Class A-1 felony. He is accused of killing Good Samaritan Michael R. Paladino outside Paladino's Ross Street home at 12:44 a.m., June 1.

Fred Rarick, appointed attorney, represented Edmonds, who once before refused to show up for court. During today's proceedings in front of Judge Charles Zambito in County Court, Rarick said that his client had requested a change of attorney, that Edmonds wanted to hire his own attorney, and wanted to address the court.

Then after Zambito said OK, Edmonds apparently told Rarick he didn't wish to speak. Rarick and Edmonds and a short, quiet exchange and then Rarick told Zambito that Edmonds didn't want to speak and there was no further discussion of a change of attorneys.

On Dec. 13, Edmonds appeared in court for a hearing on the admissibility of evidence at his trial, specifically the identification in a walk-by of Edmonds as the suspect by witnesses shortly after the stabbing. Zambito ruled against the motion in a written statement delivered to the attorneys prior to today's hearing.

Law and Order: Alexander woman charged with menacing after road rage incident on Oak Street, Batavia

By Billie Owens

Lisa Marie Fox, 48, of Broadway Road, Alexander, is charged with third-degree menacing. Fox was arrested at 12:08 p.m. on Dec. 24 on Oak Street in Batavia following a road rage incident. It is alleged that she "displayed an object in a way to appear as to have a knife while engaged in a verbal dispute with another person." The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Christopher Lindsay.

James F. Perry, 34, of Central Avenue, Batavia, is charged with second-degree criminal contempt. Perry was arrested after a domestic incident. It is alleged that he damaged the front door to a female's apartment at 8:48 p.m. on Dec. 27 on State Street in Batavia "in full violation of an order of protection." Perry was located walking on Washington Avenue. He was released on an appearance ticket and is due in Batavia City Court on Jan. 14. The case was handled by Batavia Police Officer Sean Wilson, assisted by Officer Miah Stevens.

Randy K. Wilmet, 43, of Bank Street, Batavia, is charged with unlawful  imprisonment. He was arrested at 9:46 p.m. Dec. 26 on Bank Street after allegedly preventing a person from leaving their residence. He was arraigned in Batavia City Court then released on his own recognizance. He is due back in city court on Jan. 16. The case was handled by Batavia Police Officer Wesley Rissinger, assisted by Officer Christopher Lindsay.

Victor Trejo, 32, of East Main Street, Batavia, is charged with: driving while intoxicated; speed not reasonable and prudent; and DWI with a BAC of .18 percent or higher. At 3:07 a.m. on Dec. 19, Trejo was arrested following a property damage accident on Ellicott Street Road in Pavilion. He was given appearance tickets and is due in Pavilion Town Court on Jan. 14. The case was handled by Genesee County Sheriff's Deputy Jared Swimline, assisted by Deputy Jenna Ferrando.

Lillian A. Doll, 25, of Buffalo (no address provided), is charged with: driving while intoxicated with a BAC of .08 percent or more; DWI -- first offense; and operating a motor vehicle with a suspended registration. Doll was arrested at 12:23 a.m. on Dec. 29 after an investigation on Alleghany Road in Pembroke after the vehicle she was driving ran out of fuel. She is issued an appearance ticket and is due in Pembroke Town Court on Jan. 16. The case was handled by Genesee County Sheriff's Deputy Austin Heberlein.

Karen E. Scott, 51, of Thurston Road, Rochester, is charged with aggravated unlicensed operation in the first degree and speeding. At 2:48 a.m. on Dec. 29, Scott was allegedly observed driving in excess of the posted 30 mph speed limit on Main Street in Batavia. A traffic stop was conducted and it was determined that Scott possessed a revoked non-driver ID, with 10 or more scoffs on 10 or more dates. She was issued an appearance ticket and released on her own recognizance. She is due in Batavia City Court on Jan. 15. The case was handled by Batavia City Police Officer Wesley Rissinger, assisted by Officer Adam Tucker.

Shawn Philip Stevens, 42, of York Road, Le Roy, is charged with disobeying a mandate. At 2:53 a.m. on Dec. 23, Stevens was arrested after the investigation of a suspicious condition. He allegedly violated a court order of protection. He was issued an appearance ticket and is due in Elba Town Court on Jan. 22. The case was handled by Genesee County Sheriff's Deputy Jared Swimline, assisted by Deputy James Stack.

Thomas James Leonard, 36, of East Main Street, Batavia, is charged with: falsifying business records in the first degree; petit larceny; and sixth-degree conspiracy. He was arrested at 5:08 p.m on Dec. 30 following a larceny complaint at Walmart in Batavia. Leonard was processed at the Genesee County Jail and issued an appearance ticket and is due on Town of Batavia Court on Jan. 9. The case was handled by Genesee County Sheriff's Deputy Kyle Krzemien, assisted by Deputy Joshua Brabon. While being processed at the jail, Leonard allegedly introduced contraband at the facility. He is therefore also charged with promoting prison contraband in the second degree. He is due in Batavia City Court to answer that charged on Jan. 7. Deputies Krzemien and Brabon handled that case, too.

Michelle Lynne May, 45, of East Main Street, Batavia, is charged with sixth-degree conspiracy and petit larceny. On Dec. 30, following a larceny complaint at Walmart in Batavia, May was arrested at 4:57 p.m. She was issued an appearance ticket and is due in Town of Batavia Court on Jan. 9. The case was handled by Genesee County Sheriff's Deputy Joshua Brabon, assisted by Deputy Kyle Krzemien.

Law and Order: Batavia man arrested after Christmas Day domestic incident on East Main Street

By Billie Owens

Ernest D. Lane, 61, of East Main Street, Batavia, is charged with: criminal obstruction of breathing; unlawful imprisonment; aggravated family offense; and first-degree criminal contempt -- physical contact. Lane was arrested at 8:21 p.m. on Dec. 25 following a domestic incident on East Main Street. It is alleged that he prevented a person from leaving an apartment and had physical contact with that person, in violation of a stay away order of protection. He was arraigned in Batavia City Court on the morning of Dec. 26 and is to appear in court at later date (unspecified). The case was handled by Batavia Police Officer Mitchell Cowen, assisted by Officer Wesley Rissinger.

Zachary N. Knapp, 22, of East Avenue, Batavia, is charged with: driving while intoxicated; aggravated DWI with a BAC of .18 percent or higher. Knapp was arrested at 2:53 p.m. on Dec. 23 on East Avenue after allegedly operating a vehicle that had a flat tire. He was transported to Batavia Police Headquarters and issued appearance tickets. He is due in Batavia City Court on Jan. 15. The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Mitchell Cowen.

Stormy Marie Watts, 22, of Main Road, Stafford, is charged with fourth-degree criminal possession of stolen property -- a credit card. At 11:30 a.m. on Dec. 27, Watts was arrested following an investigation. It is alleged that Watts possessed and attempted to use a stolen Walmart credit card at 7:02 p.m. on Dec. 22 at the Batavia Walmart. She was issued an appearance ticket and is due in Batavia Town Court on Jan. 9. The case was handled by Genesee County Sheriff's Deputy Jordan Alejandro.

Brittney N. Rodriguez, 31, of Washington Avenue, Batavia, is charged with petit larceny. She is accused of stealing fake nails from the Dollar General store on East Main Street in Batavia at 9:43 a.m. on Dec. 12. She was arrested and released on an appearance ticket. She is due in Batavia City Court on Jan. 7. The case was handled by Batavia Police Officer Nicole McGinnis.

Daniel William Mosholder, 27, of North Spruce Street, Batavia, is charged with petit larceny. He was arrested after a shoplifting incident was reported at Dollar General on East Main Street in Batavia at 8:22 p.m. on Dec. 23. He was processed on scene and released with an appearance ticket for Jan. 14 in Batavia City Court. The case was handled by Batavia Police Officer Felicia DeGroot, assisted by Officer Christopher Lindsay.

Stafford home-invasion robbery suspect released from hospital, charged with three felonies

By Billie Owens

The 36-year-old Lodi man who was shot in early November following an alleged home-invasion robbery in Stafford has been released from the hospital and was arraigned on charges Thursday afternoon.

Charles Elias Cooper (inset photo left), 36, of West Seneca Street, Lodi, is charged with: first-degree burglary -- the use or threatened use of a dangerous instrument, a Class D felony; first-degree robbery -- forcible theft with use of a dangerous instrument, a Class B felony; third-degree grand larceny -- of property value that exceeds $3,000, a Class D felony.

The charges stem from an alleged home-invasion robbery at 8:45 p.m. on Nov. 5 on Clinton Street Road.

Cooper is accused of forcing his way into a residence with a Crosman SNR357C02 dual ammo full-metal revolver pellet gun, a dangerous instrument. It is alleged that Cooper verbally threatened the lives of the homeowners with the dangerous instrument and then stole more than $3,000 in cash from them.

It is believed that Cooper was familiar with the residence and specifically targeted it.

Cooper was arraigned in Stafford Town Court at 2:30 p.m. Dec. 26 and then jailed on $50,000 bail. He is scheduled to appear again in Stafford Town Court at 9 a.m. on Jan. 7.

At 9:05 p.m. on the day of the incident, the Genesee County Emergency Dispatch Center received a call from a resident on Clinton Street Road in Stafford who reported that an unknown male suspect, later identified as Charles Elias Cooper, had forcibly entered their home with what appeared to be a pistol. The suspect threatened the homeowners and demanded money.

According to the preliminary investigation, the homeowner was able to retrieve his own long gun during the confrontation and he fired one round, which struck and incapacitated the suspect.

Shortly thereafter, Sheriff's deputies arrived and took the suspect into custody without further incident.

The suspect was treated at the scene and then transported via Mercy Flight to Strong Memorial Hospital in Rochester for further treatment. He was subsequently listed in critical condition.

The two occupants of the home were not injured.

Because the investigation indicates this was not a random act and that the residence was specifically targeted, investigators believe there is no reason to have further concern for the public safety of residents in the vicinity. It is believed the suspect acted alone.

The case was investigated by Genesee County Sheriff's Investigator Joseph Loftus.

Law and Order: Washington Avenue man charged with three felonies after South Main tumult

By Billie Owens

Ahdeosun R. Aiken Jr., (inset photo, left) 21, of Washington Avenue, Batavia, is charged with: criminal contempt in the first degree -- a Class E felony; first-degree burglary -- a Class B felony; fourth-degree criminal mischief -- a Class A misdemenor; third-degree assault -- also a Class A misdemeanor; and second-degree robbery -- a Class C felony. Aiken was arrested on Dec. 21 following a disturbance that occurred at 1:35 a.m. on South Main Street in Batavia. He was allegedly located hiding in an upstairs bedroom. Following his arraignment in Batavia City Court, he was jailed on $10,000 cash bail, or $20,000 bond, or $30,000 secured bond with a 10-percent deposit. He was due back in city court on Dec. 23. The case was handled by Batavia Police Officer Sean Wilson, assisted by Wesley Rissinger.

John Joseph Sadler Jr., 32, no permanent address, of Batavia, is charged with second-degree burglary of a dwelling and first-degree criminal contempt -- with a prior conviction of aggravated criminal contempt with the last five years. Saddler was arrested after police were called to Washington Avenue for a disturbance at 2:02 p.m.on Dec. 20. After an investigation, police found Saddler on location in violation of a stay away order of protection. He was arraigned in Batavia City Court and jailed. He was due to return to court on Dec. 24. The case was handled by Batavia Police Officer Nicole McGinnis, assisted by Officer Peter Flanagan.

Matthew J. Reed, 35, of Hutchins Place, Batavia, 35, is charged with trespass. He was arrested after allegedly committing the violation at 10:22 p.m. on Dec. 14 at an address on Park Avenue in Batavia. Reed was arrested and arraigned in Batavia City Court on Dec. 24. He was released on an appearance ticket and was due back in court on Dec. 24. The case was handled by Bataiva Police Officer Nicole McGinnis, assisted by Officer Kevin DeFelice.

Structure fire reported at 16 Highland Park in the city

By Billie Owens
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Flames are shooting from the second floor of a house at 16 Highland Park. Children reported on the second floor; there is entrapment. City fire is responding.

UPDATE 2:22 p.m.: Alexander's Fast Team is called to the scene along with Le Roy's rescue unit. Town of Batavia fire is asked to stand by in quarters.

UPDATE 2:23 p.m.: A second-alarm has activated. This is a working structure fire.

UPDATE 2:26 p.m.: "We have a report that everyone is out; we're doing a primary search," says fire command.

UPDATE 2:30 p.m.: "Heavy, heavy fire on the second floor," says fire command. "We have one (fire hose) line open. Heavy smoke and flames from B/C sides."

UPDATE 2:34 p.m.: Responders are told to access the scene via the Wood Street side.

UPDATE 3:43 p.m.: Video added. There's no interview in the video. The scene commander isn't likely to be available for at least another hour. The fire seems mostly contained though firefighters are working to get to hotspots in the walls and attic. We will seek an update from City fire later tonight.

Law and Order: Jackson Street man accused of strangulation jailed without bail

By Billie Owens

Jeremy M. Fairbanks, 41, of Jackson Street, Batavia, is charged with second-degree strangulation. Fairbanks was arrested following an investigation into a domestic dispute that occurred at 10:15 a.m. on Dec. 13 on Jackson Street in Batavia. He was arraigned in Batavia City Court at 3:03 p.m. on Dec. 18 and jailed without bail. He was due to return to court on Dec. 19. The case was investigated by Batavia Police Officer Peter Flanagan.

Edward G. Ruckdeschel, 57, of Liberty Street, Batavia, is charged with: unauthorized use of a vehicle in the second degree; grand larceny in the fourth degree; and criminal possession of stolen property in the fourth degree. Ruckdeschel was arrested following an investigation into a stolen vehicle complaint made at 4:47 a.m. on Dec. 7. It is alleged that the defendant stole a vehicle from a parking lot of a business in the city. He was arraigned in Batavia City Court at 3:30 p.m. Dec. 17 and jailed without bail. He will return to court at a later date (unspecified). The case was investigated by Batavia Police Sgt. Matthew Lutey, assisted by Officer Matthew Wojtaszczyk.

David Michael Martin, 59, of Scott Crescent Drive, Scottsville, is charged with third-degree grand larceny. At 4:10 p.m. on Dec. 22, Martin was arrested following an investigation into a larceny complaint (unspecified). Martin was arraigned in Batavia City Court at 7:30 p.m. the same day, then released on his own recognizance. He is due back in court on Jan. 6. The case was handled by Genesee County Sheriff's Deputy Jared Swimline.

Matthew Jacob Reid, 25, of Main Street, Warsaw, is charged with: driving while ability impaired by drugs; and unable to maintain lane. Reid was arrested following an investigation of a possible medical complaint reported at 12:27 a.m. on Oct. 12 on March Road in Bethany. He was released on appearance tickets and is due in Bethany Town Court on Jan. 7. The case was investigated by Genesee County Sheriff's Deputy James Stack.

Jamie Valerie Hart, 21, of Ellicott Street, Batavia, is charged with: aggravated unlicensed operation in the third degree; unlawful possession of marijuana; and speed exceeding 55 mph. On Dec. 21 at 3:57 p.m. Hart was arrested on Clinton Street Road in Byron. The defendant was released on appearance tickets and is due in Byron Town Court on Jan. 13. The case was handled by Genesee County Sheriff's Deputy David Moore.

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