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     Rashawn Gosier

A 40-year-old Batavia resident who was originally accused of attempted murder for stabbing somebody at a home on Ellicott Street accepted a plea agreement today that will likely mean a five-year prison term.

Rashawn L. Gosier, formerly of Shady Lane, attempted to assault, 2nd, and criminal possession of a controlled substance, 5th.

Gosier was arrested in December after an incident at 337 Ellicott St. that led to a brief manhunt before Gosier was apprehended crawling out of the basement of that residence.

One person was transported to an area hospital that night but was apparently not seriously injured.

At the time of his arrest, Gosier was found in possession of 500 milligrams or more of cocaine.

Gosier is being held without bail pending his sentencing at 10:30 a.m., May 29.

Photo: File photo of Gosier's arrest.

A 23-year-old man who is accused of setting his girlfriend and her apartment on Maple Street in Batavia on fire last June is mentally incapable of assisting in his own defense, Judge Charles Zambito ruled this afternoon.

Plush Dozier will be remanded to the Commissioner of Mental Health for treatment and then be reevaluated, Zambito ruled.

Dozier is charged with arson, 1st, and attempted murder.

Three psychiatrists examined Dozier and two of them found him capable of understanding the charges against him and recognizing the roles of the judge and attorneys in a court proceeding, but all three said he suffers from schizoaffective disorder, oppositional defiant disorder, and is prone to paranoia and hallucinations.

Zambito noted that all three doctors described his disorders as fluid. In other words, he can slip from lucid to psychotic at any time. And while his disorders can be managed with treatment and medication, there is no record, Zambito said, that he is receiving or has received proper and appropriate treatment.

"Dr. Mitchell described his condition as a moving target," Zambito said. "All three doctors who evaluated him said he could snap at any time. This is consistent with the representations by his attorneys that at times he was lucid and could cope and at times he was not."

He added later, "All of them (the doctors) indicated or represented concerns that if not treated, his symptoms could very well become active and interfere with his ability to effectively assist in his own defense."

Zambito also noted that Dozier's disorders go back to his childhood.

"There is no indication that he is feigning anything or that he is a malingerer," Zambito said.

Dozier is currently represented by Thomas Burns, his third attorney. He is being held in Attica, and reportedly in solitary confinement despite his lack of a conviction in this case, because the Genesee County Jail and its staff is ill-equipped to deal with a person with Dozier's multiple disorders.

He was accused of menacing a police officer after an alleged violent incident while in local custody two months after his arrest.

At the start of today's hearing, Burns said he had met with his client and his client had asked to speak with the judge about his treatment, or alleged mistreatment, in Attica. He has raised this issue before and, as Burns noted, has been told by Zambito that the county court judge lacks jurisdiction to change where he is being held or affect the status of his custody. Still, Burns said, Dozier wished to raise the issue.

Zambito suggested that the court hear the testimony of Dr. Virginia Wohltmann, who examined Dozier in December, and that the court then take a recess so Burns could discuss the specifics of the situation at Attica with his client.

After Zambito heard two other cases, Burns and Dozier returned to the courtroom and Burns said his client had decided against putting anything on the record today about his treatment in Attica. At that point Zambito informed Burns and District Attorney Lawrence Friedman that he had finished reviewing the witnesses' testimony in the hearing (which was held in parts over different days) and was ready to render a decision.

Zambito then reviewed the testimony of the three doctors before stating that he found that while Dozier might be able to understand the proceedings, his fluid mental state would make it difficult for him to assist in his defense.

"This is not the end of the matter," Zambito said. "This is not the final verdict but based on the credible evidence presented in this court, I find the defendant at this time is an incapacitated person and remand him to the custody of the Commissioner of Mental Health for care and treatment for up to one year and then he will be reevaluated and brought back."

Todd M. Englerth is indicted for the crime of criminal possession of a weapon in the third degree, a Class D felony. It is alleged that on Nov. 20 in the Town of Le Roy that Englerth knowingly possessed a dangerous knife or instrument -- metal knuckles, and he had previously been convicted of a crime. In count two he is accused of second-degree assault, a Class D violent felony, for allegedly intentionally trying to prevent a Le Roy police officer from performing a lawful duty and causing physical injury to the officer. In count three, he is accused of obstructing governmental administration in the second degree, a Class A misdemeanor. It is alleged in count three that Englerth attempted to prevent a public servant from performing an official function by means of intimidation, physical force or interference. In count four, the defendant is accused of resisting arrest, a Class A misdemeanor. In count five, he is accused of criminal possession of a controlled substance in the fourth degree, a Class C felony, for allegedly possessing cocaine weighing an 1/8th ounce or more.

Heyward Clark AKA Heywood Clark is indicted for the crime of third-degree burglary, a Class D felony. It is alleged that on Oct. 27, 2016 that Clark knowingly entered into a building on School Street in the City of Batavia with the intent to commit a crime. In count two, he is accused of petit larceny, a Class A misdemeanor, for allegedly stealing personal property and U.S. currency that day. In count three, he is accused of third-degree criminal mischief for allegedly damaging property belonging to another person that had a value of more than $250 -- a window. In count four, Clark is accused of another count of third-degree burglary for allegedly unlawfully entering a garage on Porter Avenue in the City of Batavia sometime between Oct. 27 and Oct. 31, 2016. In count five, he is accused of another count of petit larceny for allegedly stealing a circular saw and battery from a person after entering the garage. In count six, he is accused of fourth-degree criminal mischief, a Class A misdemeanor, for allegedly intentionally damaging another person's property at the garage -- a window.

Felix Cabrera-Lopez AKA Felix Cabrera is indicted for the crime of aggravated unlicensed operation in the first degree, a Class E felony. It is alleged that on March 6, 2018, on South Lake Street in the Town of Bergen that Cabrera-Lopez drove a 2001 Honda while his driver's license was suspended or revoked. He had in effect at the time 10 or more suspensions, imposed on at least 10 separate dates for failure to answer or pay a fine: Jan. 31, 2008; Dec. 31, 2011; Oct. 5, 2012; March 27, 2014; Oct. 16, 2014; Jan. 7, 2015; June 9, 2015; May 12, 2016; Sept. 10, 2016; July 25, 2017 -- all in Monroe County.

A Middleport couple welcomed a new child into their family at 11:15 p.m. Monday in an ambulance somewhere between Lewiston Road in Oakfield and North Street in Batavia. 

Betty Lee Bruning is doing well after the unusual arrival in the world of a baby weighing 8 pounds and 13 ounces, according to Stacey Pastuszynski for UMMC.

Emergency dispatchers received a call of a woman in labor in a car at the side of the road at 7616 Lewiston Road, Oakfield shortly after 11 p.m. A deputy and a trooper along with a Mercy EMS ambulance and Oakfield fire arrived within minutes. 

Jenna Roberts Bruning was placed in the ambulance while still in labor and gave birth a short time later.

Betty is the fourth child for Gabe and Jenna Roberts Bruning. 

Their newborn daughter will grow up on the family farm in Middleport.

(Initial Report)

Cassandra C. Elkins, age 28, white female, 5’5” 125 lbs., brown hair, green eyes, LKA East Avenue, Springville, NY

Bench Warrant for criminal impersonation 2^nd PL 190.25-1 (misdemeanor)  Pembroke Town Court DOW 1/30/17

Victoria H. Gilbert, age 47, white female, 5’5” 130 lbs., blond hair, brown eyes, LKA Oakcrest Drive, Farmingham, MA

Bench Warrant for disorderly conduct PL 240.20-1 (violation) Batavia Town Court DOW 8/21/13

Tyanna D. Green, age 23, black female, 5’4” 130 lbs., black hair, brown eyes, LKA Walnut Street, Batavia, NY

Bench Warrant for violation of probation CPL 410.40 (Felony) Genesee County Court DOW 4/15/19

 

Denzel T. Hall, age 26, black male, 5’9” 175 lbs., black hair, brown eyes, LKA Atkinson Street, Rochester, NY

Bench Warrant for attempted criminal possession of a controlled substance 3^rd Degree PL 220.16-1 (felony) Genesee County Court  DOW 4/15/19

Robert L. Peachey Jr., age 35, white male, 6’0” 185 lbs., brown hair, brown eyes, LKA Gibson Street, Oakfield, NY

Bench Warrant for aggravated unlicensed operation 2^nd  VTL 511-2a2 (misdemeanor) Stafford Town Court DOW 8/27/14

Kevin T. Smith, age 35, white male, 5’9” 220 lbs., brown hair, blue eyes, LKA Buffalo Avenue, Buffalo, NY

Bench warrant for trespass PL 140.05 (violation) Darien Town Court DOW 1/22/19

 

If you are able to assist the Sheriff's Office in locating these people, the Sheriff's Office asks that you do not approach these people and that you call (585) 343-5000 with information that may assist in locating the suspects.

A 43-year-old former correction officer at the Albion Correctional Facility was sentenced this afternoon to six months in Genesee County Jail and 10 years probation after pleading guilty last month to one count of first-degree sexual abuse for a sexual act involving a woman incapable of giving consent.

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.

 

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.

    Michael Piasta

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.

Photo from Arby's surveillance that helped lead to the arrest and conviction of Michael Piasta.

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.

     Robert Gerety

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 Jackson

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.

Genesee County's unemployment rate in March was 4.6 percent, the lowest March rate since at least 1990.

The rate a year ago was 5.4 percent.

The county's labor force is reportedly 29,100, down 100 people from a year ago. The number of county residents with jobs is reported at 27,800, up 200 from a year ago. The number of residents seeking employment is 1,300, down from 1,600 a year ago.

In 1990, there was 30,800 residents in the labor pool with 29,200 holding jobs.

The unemployment rate in March for the GLOW region is 4.9 percent, down from 5.8 percent a year ago and also the lowest recorded rate since 1990.

The state's unemployment rate is 4.1 percent, down from 4.6 percent a year ago and nationally, the rate is 3.9 percent, down from 4.1 percent a year ago.

Above, mugshots of Brandon Joseph Welch after his arrest in October.

A former Batavia resident is being held accountable starting today for the "horrific" treatment of a tortured and starving puppy after City Court Judge Robert Balbick sentenced Brandon Joseph Welch to immediately begin serving two months in Genesee County Jail, and a total of three years probation.

Welch made his sixth court appearance this afternoon, flying in from his parents' house in Florida, accompanied by his mother. His attorney is Rochester-based Frank Ciardi.

The native of Suffolk County pled guilty earlier this year on the misdemeanor charges of falsely reporting an incident in the third degree (for claiming he found the starving puppy); torturing/injuring/not feeding an animal. The charge of owning/harboring an unlicensed dog was not mentioned, so apparently it was dropped.

Welch was arrested Oct. 18 after a warrant was served at his apartment at 679 E. Main St., following a tip from a witness.

"Opal" -- so named by Volunteers For Animals at the shelter -- is a fawn and white colored pitbull mix who was a few months old and weighed only 9.2 pounds when rescued on Oct. 4 after she was found by a Good Samaritan in Stafford. The dog was not able to stand on her own and was covered in urine and feces, and was severely dehydrated and malnourished.

Opal subsequently received nourishment, medical treatment, grooming and exercise while in foster care and was later adopted.

A Class D felony charge of making a terroristic threat, for Welch's alleged threat to shoot the first cop who came to his residence, was dropped because the cooperation of two witnesses, who live in another part of the state, proved problematic.

Today Ciardi articulated all that his client is going through to get his life together. He noted the lengthy pretrial period and that his client always showed up for court appearances. He noted that he has found suitable employment as a diesel mechanic trainee in Florida.

Welch moved to the Sunshine State after initially staying with his grandparents, who live on South Fairview Avenue, in the Village of Montauk, Town of East Hampton, Suffolk County -- on the Long Island Peninsula.

Ciardi said his client has availed himself of mental health treatment and is making progress all around after changing his lifestyle.

"He lacked the mental health to have a life that's fulfilling," Ciardi said.

The defense attorney reminded Balbick that Welch's offenses are misdemeanors. He argued against any incarceration, which Genesee County Probation recommended, and was against his client serving probation in Genesee County since he has no ties here.

"Jail would serve no purpose; it would bring him back down," Ciardi said, and put the brakes on the diesel mechanic career path Welch is pursuing.

The defense attorney even suggested that sentencing be postponed altogether until a course of mental health treatment was completed. He said it would be good if his client could continue his employment as a novice truck mechanic in Florida and have probation oversight transferred there.

Barring that, at least have it transferred to Suffolk County -- Welch could move back to his grandparents' place or make other living arrangements there where he was born and raised and has extended family.

Ciardi questioned whether Genesee County Probation actually read the two-page addendum to his client's presentencing report from Suffolk County, which recommends no incarceration and positively notes the good measures Welch is taking to get his life in order.

He strongly disputed Genesee County Probation Department's assertion that Welch took no responsibility for his actions.

"He took full responsibility -- for lying to police, for his poor choices, for putting his family through this," Ciardi said. "He has no prior record."

Balbick outright dismissed the notion of adjourning sentencing. The judge said the allegations against Welch were serious and he agreed that some incarceration was warranted.

But the game changer was Welch's decision to up and move to Florida before his case was adjudicated, essentially removing himself from Balbick's jurisdiction. This did not sit well with the judge at all even though he broke no law in doing so.

The prospect of getting a probation department in Florida to make room for the oversight of a misdemeanor New York case is not a given. It would be a complicated, lengthy and uncertain landscape to navigate.

By removing himself from New York State, it "exponentially complicated" his case and thereby put the terms of his probation on "shaky ground," Balbick said.

"That move to Florida really put the court in a bind," Balbick said.

When asked if he had anything to say on his behalf, a tearful Welch -- dressed in a long-sleeved red, white and navy plaid shirt, with navy pants and black dress shoes -- told Balbick that he's making progress in his life and that his "dream job" of becoming a diesel mechanic means everything to him. He would be devastated, he said, if he lost the opportunity he currently has in Florida.

The judge called a recess in order to contact the GC Probation Department to be sure they had read the addendum in the presentencing report from Suffolk County.

Welch walked from the podium that's in front of the judge to the gallery and sat next to his mother and cried and sniffled for 30 solid minutes.

When the case was recalled at 3 p.m., Ciardi and Welch stood at the podium and the judge told them that GC Probation confirmed they had read the addendum but still recommended a period of incarceration and he agreed with them.

Welch stood with his shoulders hunched and his arms crossed tightly across his chest.

"Your move to Florida complicated this matter tremendously," Balbick told the defendant. "What you did to (that animal) was horrific. There has to be accountability for the injuries and mistreatment. That's why you find yourself here in this situation."

Balbick proceeded to sentence Welch to "shock probation" of 60 days in jail starting right then and there. He said while he's incarcerated, he has no problem with getting probation transferred to Suffolk County, NY -- Florida is out of the question. Welch's probation will end on April 22, 2022.

Other stipulations:

• He must notify his probation officer of any change in address, employment, treatment, education;
• Get job training or a job;
• Pay a $200 surcharge as required for falsely reporting an incident to law enforcement;
• Pay a $50 DNA database fee;
• Two orders of protection were renewed for two witnesses;
• Allow courts/law enforcement/authoriites to access treatment and mental health records;
• Avoid disreputable people and places;
• Do not use mood-altering drugs or substances;
• Undergo testing as need be;
• Own/harbor NO PETS;
• Get a substance-abuse evaluation from an OASIS-licensed clinician;
• Within four weeks, get a mental-health evaluation;
• Do not possess any firearms.

Welch, looking dejected and sniffling still, asked if he could hand his mother his wallet and mobile phone before being taken into custody. The Sheriff's deputy at hand said no and took the items from him and gave them to his mother in the gallery.

Welch asked if he could step outside the courtroom and speak briefly with his mother and tell her goodbye. The judge said "if it's all right with the deputy." "No" replied the deputy, "we usually don't allow it once you're taken into custody."

With that, the mother cried and mouthed "I love you" and her 23-year-old son, pouting, arms clenched across his chest, eyes downcast, was led away to jail by another deputy to begin his "shock probation."

Below, photo of Opal when she was first brought to the GC Animal Shelter.

Below, Opal after being nursed back to health and ready for adoption, which was successful.

The Jerome Medical Center at Bank Street and Washington Avenue in the City of Batavia has been evacuated after an anonymous bomb threat was received there about 3:30 p.m.

The facility provides urgent care, mammography, laboratory and pathology services.

Law enforcement communications on the scanner have been encrypted -- scrambled.

The threat is under investigation.

UPDATE 4:29 p.m.: Bank Street between East Main Street and Washington Avenue is closed. The housing complex for seniors -- Jerome Senior Apartments -- has not been evacuated, but staff has been informed of the situation.

UPDATE 4:46 p.m.: Additional streets have been cordoned off, establishing a perimeter for the preliminary investigation, said Batavia Police Officer Marc Lawrence. The other junctures closed off are: Alva Place and State Street; East Main and Summit streets; and Washington Avenue and Summit Street. Lawrence said the residents of Jerome Senior Apartments are to be evacuated; calls have been made to those in charge of the residential facility.

UPDATE 5:01 p.m.: Department of Public Works barricades have been put in place at several locations where officers had been posted to close streets off from traffic. The county's Emergency Response Team is at the command post in the parking lot at Alva Place and Bank Street (the site of the summer Downtown Public Market). Two State Police K-9 units are on scene; so are city fire crews.

UPDATE 5:28 p.m.: Officer Lawrence says the residents at Jerome Senior Apartments were told an hour ago to shelter in place. Reverse 9-1-1 calls were placed to people on Washington Avenue, Bank Street and Summit Street.

UPDATE 5:49 p.m.: Two State Police K-9 units went through the medical facility and exited the building a few minutes ago.

UPDATE (By Howard): Photos added. Officer Marc Lawrence said the scene was cleared by the K-9s. Nothing suspicious was found and the urgent care would reopen.

It's been about two decades since Batavia PD had a dog patrolling the city with a qualified handler, but that could change if Federal asset forfeiture funds become available.

Chief Shawn Heubusch is asking the City Council to approve a memo of understanding with Homeland Security for the Federal agency to pay for the purchase and training of a K-9 and handler to work in the City of Batavia.

The new K-9 and its handler would be a member of the Batavia police force but on-call if Homeland Security needed K-9 officers for an operation.

Once the MOU is signed, it becomes a waiting game for funds to become available. Currently, by executive order, President Donald Trump is diverting asset forfeiture funds to the construction of a wall along a portion of the Southern U.S. border.

"This is just the very first step," Heubusch said. "This is not an imminent thing. We’re not going to have a K-9 next week. We’re not going to have a K-9 next month. This is something to get in line for the funding."

Under the terms of the agreement, once the funds become available, Homeland Security to cover the estimated $15,000 in purchase and training costs. The city would be responsible for any other costs associated with a K-9, such as outfitting a patrol car, leashes, food, and veterinary care.

Heubusch said he anticipates setting up a fund to receive donations from the community, much as the Sheriff's Office has done, to cover the additional K-9 costs.

While the Sheriff's Office is soon to have two K-9s on duty, and the Department of Environmental Conservation and State Police have K-9s in the area that sometimes assists local law enforcement, a K-9 in the City of Batavia would greatly enhance the Batavia PDs capabilities, Heubusch said.

"We have a great relationship with all of those agencies and they’ve all helped us out in the past, but you’re talking about response time to get to a situation," Heubusch said. "So if there’s a child missing or if there’s an elderly person missing, that’s time that is ticking away."

The last K-9 officer in the city was Ed Mileham, now retired, now a fire chief in Indian Falls. 

According to Heubusch, Mileham was taken off of K-9 duty when police unions across the state challenged the lack of overtime pay for K-9 handlers because the officers are often called upon to care for their animals while not officially on duty. 

Police departments across the state, Heubusch said, took their K-9s out of service at that point rather than pay overtime. 

If Batavia gets a new K-9, Heubusch told the council that Batavia will follow the example of the Sheriff's Office in providing handlers with time to care for their animals as part of their normal duty shifts.

Mileham said he supports Batavia trying to bring back K-9 patrols and noted, as have other police officers over the years, that "bad guys don't like K-9s."

Heubusch agreed.

"If you go to a scene and there’s a K-9 on scene, there’s a different demeanor from somebody you’re dealing with," Heubusch said.

Batavia's K-9 will be a patrol dog -- not specifically a drug dog or a bomb dog but a general patrol dog.

"It’s all about being able to provide the best service to the community that we possibly can," Heubusch said. "K-9s can be used in patrol interdiction, to get drugs off the street; they can be used in finding people, if you’ve got a lost loved one or somebody that wandered away, you can do tracking with them.

"If you look at (alarms), we respond to numerous burglary alarms in buildings. It takes two or three officers quite a while to clear a building. A K-9 can do it in a fraction of the time at a fraction of the risk."

Matthew A. Oakes, 39, and Kailyn M. Oakes, 24, both of Boston State Road, Hamburg, are each charged with these misdemeanors: three counts of petit larceny; three counts of endangering the welfare of a child; and three counts of sixth-degree conspiracy. Between 11:20 and 11:50 p.m. on April 6, 12 and 15, the subjects allegedly stole several cartons of cigarettes from the Two Eagles Smoke Shop on Bloomingdale Road in Basom. They allegedly had their small child with them on each occasion. The parents were arrested, issued appearance tickets and are due in Alabama Town Court on May 8. The case was investigated by Genesee County Sheriff's Deputy David Moore, assisted by Deputy Joshua Brabon, Sgt. John Baiocco, and NYS Police Officer Michael Machniak.

Kayla Frances Twardowski, 29, of Spencer Court, Batavia, is charged with third-degree attempted grand larceny. Twardowski was arrested at 3 p.m. on April 16 after it was alleged that she allowed two fraudulent checks totaling more than $3,000 to be deposited into her bank account. She was issued appearance tickets and is due in Batavia City Court on May 7 to answer the charge. The case was handled by Genesee County Sheriff's Deputy Chad Minuto, assisted by Deputy Kyle Krzemien.

Michael Scott VanBuren, 51, Wesley Drive, Akron, is charged with: driving while intoxicated; aggravated DWI -- operating a motor vehicle while having a BAC of .18 percent of higher; moving from lane unsafely; speed not reasonable and prudent. VanBuren was arrested at 5:55 p.m. on April 19 on Knapp Road in Pembroke following the investigation of a motor-vehicle accident. He was released on an appearance ticket and is due in Pembroke Town Court on May 14. The case was handled by Genesee County Sheriff's Deputy Mathew Clor.

Gary Alfred Rynkowski, 50, of Thomas Avenue, Batavia, is charged with driving while intoxicated with a BAC of .18 percent or greater; DWI; open container; and inadequate plate lamp. On April 20, Rynkowski was arrested at 2:33 a.m. on West Main Street in Batavia following a traffic stop. He is due in Batavia City Court on May 15 to answer the charges. The case was handled by Genesee County Sheriff's Deputy James Stack, assisted by Deputy Erik Andre.

Ar-Rahmaan M. Jones, 38, of East Avenue, Le Roy, is charged with driving while ability impaired by alcohol and having an open container of alcohol in a motor vehicle. Jones awas arrested at 10:29 p.m. on April 20 on East Main Street Road in Batavia. It is alleged that while a deputy was checking the welfare of a motorist parked roadside on Route 5 in the Town of Batavia, Jones was found behind the wheel of a vehicle with its motor running. At the time, Jones allegedly was under the influence of alcohol and had an open container of alcohol in the vehicle. He was released on an appearance ticket and is due in Town of Batavia Court on May 20. The case was handled by Genesee County Sheriff's Deputy Jeremy McClellan, assisted by Brabon Joshua.

Jordan R. Rose, 18, of Maple Street, Batavia, is charged with second-degree criminal contempt. Rose was arrested after he was allegedly found to have been in the presence of two parties protected by a stay away order of protection at 4:30 p.m. on April 10 on Maple Street in Batavia. He was issued an appearance ticket and is due in Batavia City Court on Tuesday, April 23. The case was handled by Batavia Police Officer Stephen Cronmiller.

Joshua David Capwell, 39, of West Main Street, Batavia, is charged with second-degree harassment and criminal mischief. Capwell was arrested following an investigation into a domestic dispute on West Main Street in Batavia at occurred at 11:45 p.m. on April 18. He was issued a computer-generated appearance ticket and is to be arraigned in Batavia City Court on Tuesday, April 23. The case was handled by Batavia Police Officer Peter Flanagan, assisted by Officer Arick Perkins.

Heidi L. Harder, 43, of Montclair Avenue, Batavia, was arrested on a bench warrant following an unrelated incident. She was located at her residence and taken into custody with incident. After arraignment in Batavia City Court on April 16, she was jailed in lieu of $1,500 cash or bond. She is due to return to city court at a later date. The case was handled by Batavia Police Officer Miah Stevens, assisted by Marc Lawrence.

Willis Floyd Miller Jr., 59, of West Main Street, Batavia, is charged with petit larceny. He was arrested on April 18 and arraigned in Pembroke Town Court at 4:30 p.m. for allegedly stealing tools belonging to his former employer on Dec. 5 on Genesee Street in Pembroke. He was released on an appearance ticket and is due in Pembroke Town Court again on April 30. The case was handled by Genesee County Sheriff's Deputy Kevin Forsyth.

Elizabeth Rose George, 28, of Council House Road, Tonawanda Indian Reservation, is charged with: unauthorized use of a vehicle; leaving the scene of a property damage accident; and moving from lane unsafely. George was arrested on April 18. It is alleged that she drove a vehicle on April 18 without the owner's consent and that she was subsequently involved in an accident at 5:13 a.m. on Bloomingdale Road. It is also alleged that she left the scene of the accident. George was issued traffic tickets and released on appearance tickets. The defendant is due in Alabama Town Court on May 8 to answer the charges. The case was handled by Deputy Travis DeMuth, assisted by Deputy Joshua Brabon.

Brandon Eugene Matteson, 25, of Ellicott Street Road, Pavilion, is charged with endangering the welfare of a child and second-degree harassment. Following a domestic incident that occurred at 7:56 a.m. on April 17 on Ellicott Street Road in Pavilion, Matteson was arrested and arraigned at 11:41 p.m. on April 17 in Le Roy Town Court. He was jailed in lieu of $500 cash or $3,000 bond. Genesee County Sheriff's Deputy Eric Meyer handled the case, assisted by NYS Police.

James A. Chase is indicted for the crime of failure to register a change of address, a Class D felony. It is alleged that this convicted Level 3 sex offender failed to register with the NYS Division of Criminal Justice Services within 10 calendar days any change of address, including Internet accounts, Internet access providers or Internet identifiers. In this case, he is accused of not registering a specific email account. In count two, he is accused of the same crime for allegedly not registering a Facebook account that used the screen name of John Chase. In count three, he is accused of the same crime for allegedly not registering an Internet access provider he used, in this case Boost Mobile. In Special Information filed by the District Attorney, Chase is accused of having been convicted of: the crime of failure to register/verify a change of address, as a Class A misdemeanor, on Aug. 18, 2005 in Batavia City Court; failure to register a change of address, a Class D felony, on Sept. 12, 2005 in Town of Oakfield Court; and failure to register/verify change of address, as a Class E felony, on March 10, 2015 in Genesee County Court.

Jacob J. Camerera is indicted for the crime of criminal possession of stolen property in the fourth degree, a Class E felony. It is alleged that on Nov. 18 in the City of Batavia that Camerera knowingly possessed stolen property, in this case one or more firearms, rifles or shotguns -- a Marlin .22-caliber model 60 rifle.

Despite a shortage of corrections officers, officials have been able to hold down overtime pay at the Genesee County Jail, Superintendent William Zipfel told members of the County Legislature's Public Service Committee on Wednesday.

Zipfel made his report as part of a Sheriff's Office department review with the committee.

Overtime was more than $17,500 less in the first quarter of 2019 compared to 2018, Zipfel said.

The jail is understaffed by six C.O. positions even with three C.O.'s recently completed training and two more in the pipeline.

"We're constantly doing interviews and background checks," Zipfel said when asked about filling the vacancies.

Because of the vacancies, there hasn't been jail staff available to handle inmate transports, so the task has fallen once again to deputies on road patrol.

The prison population continues to exceed the jail's capacity.  

While there has been an average of 16.16 women (who can't be held locally) incarcerated under Genesee County jurisdiction, which is about two more than last year, there has also been an increase of male prisoners who must be housed at other county jails.

The state seems to be contributing to an increase in the jail population because of new policies that have prison inmates being released on parole sooner and then being picked up on parole violations faster. Those parolees, when found in Genesee County, are held locally until transferred to state prison.

The kitchen is also turning out to be another place the jail is saving money, Zipfel said, praising head chef Bill Cultrara. He said last year in the first quarter, the jail served 20,194 meals at a cost of $30,722, or $1.52 per meal. In the first quarter this year, Cultrara and staff served 4,500 more meals but at cost of $1.15 per meal.

Older inmates, inmates with more health problems, more mental health problems, and substance abuse problems, are driving up other costs, such as prisoner transports to the hospital and other health providers.

Sheriff William Sheron told the Legislature that felony and drug cases in the first quarter were on par with 2018.

He said illegal drugs remain a concern, particularly cocaine, heroin, and LSD. He said there seems to be an increase in LSD use among high school students.

For the concert season at Darien Lake, he said one show is sold out, a few more are likely to sell out, and 17 shows of an anticipated 20 to 25 have been announced. He said he anticipates adequate law enforcement staffing for the shows.

The Sheriff's Office is also expecting the construction of a new communications tower in Attica, actually in Wyoming County, which will eliminate dead spots in Pavilion, Alexander and Darien.