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Amanda Marie Bowles, 33, of State Street, Batavia, is charged with: second-degree forgery -- four counts; first-degree identity theft -- four counts; criminal possession of stolen property in the fourth degree -- five counts; and one count of third-degree identity theft. Following an investigation of multiple credit cards stolen out of the Town of Batavia, Bowles was arrested on March 20 for allegedly using the stolen credits cards at multiple locations around the City of Batavia. She also allegedly completed some transactions by forging the signature of the credit card owner. She was arraigned on March 21 in Batavia City Court and jailed without bail. The case was investigated by Genesee County Sheriff's Deputy James Stack.

Woodrow Clarence Horseman, 43, of Porter Avenue, Batavia, is charged with fourth-degree grand larceny and petit larceny. He was arrested March 22 for allegedly stealing a wallet at 5 a.m. on March 21 at a location on West Main Street Road, Batavia. The wallet contained nine credit cards and other personal documents. He was arraigned in Batavia Town Court and put in GC Jail on $2,500 cash or bond. He is due back in court on April 9. The case was handled by Genesee County Sheriff's Deputy James Stack.

Yacuzzo Salvatore, 73, of Oak Street, Batavia, is charged with second-degree criminal contempt. He was arrested at 12:30 p.m. on March 21 on Red Mill Road, Le Roy, for allegedly violating a stay away order of protection. He was issued an appearance ticket for Le Roy Town Court and is due there April 11. The case was handled by Genesee County Sheriff's Deputy Mathew Clor.

Richard Dean Neal, 29, of Roosevelt Highway, Kent, is charged with fourth-degree criminal mischief. Neal was arrested on March 18. It is alleged that at 5:28 p.m. on March 16 that he damaged another person's vehicle while in the Walmart parking lot. He was released on an appearance ticket for April 1 in Batavia Town Court. The case was handled by Genesee County Sheriff's Deputy Travis DeMuth.

Aaron Lee Heale, 38, of North Lake Road, Bergen, is charged with: introducing dangerous contraband into prison in the first degree; fifth-degree conspiracy; and falsifying business records in the first degree. On March 14, Heale allegedly conspired to have drugs brought into the Genesee County Jail. He is currently incarcerated there. He is due in Batavia City Court tomorrow (March 25) to answer the charges. The case was handled by Genesee County Sheriff's Deputy David Moore, assisted by Deputy Ryan Young.

Amethyst Rose McCracken, 31, of North Lake Road, Bergen, is charged with: introducing dangerous contraband into prison in the first degree; criminal possession of a controlled substance in the seventh degree; and fifth-degree conspiracy. It is alleged that at 9:48 p.m. on March 14, that she brought drugs into the GC Jail. She was arraigned in Batavia City Court on March 23 and is due back there tomorrow (March 25). The case was handled by Genesee County Sheriff's Deputy David Moore, assisted by Deputy Ryan Young.

Joseph G. Sumeriski, 27, of Batavia, was arrested by deputies of the Wyoming County Sheriff's Office on March 16 in the West Municipal Parking Lot in the Village of Warsaw on a warrant for allegedly failing to pay restitution ordered by Warsaw Village Court. He was arraigned in Village of Warsaw Court then posted cash bail. Warsaw police assisted at the scene. The case was handled by Wyoming County Sheriff's Sgt. Colin Reagan and Deputy John Button.

     Keith White

An inmate in the Genesee County Jail is accused of introducing dangerous contraband into the jail after receiving a birthday card allegedly containing a controlled substance.

Keith White, 47, of North Tonawanda, faces numerous other charges. Besides introducing dangerous contraband, a felony, he is charged with 16 counts felony falsifying business records, 1st, criminal solicitation, 4th, conspiracy, 5th, and 60 counts of falsifying business records, 2nd. 

White, who is being held on a petit larceny charge from July, is accused of using the PIN numbers of other inmates to make telephone calls.

The date and time of the incidents were between November and February.

Deputy Ryan Young is leading the investigation.

White was arrested last July in Batavia, accused, along with Jeffery P. Wozniak, of Niagara Falls, of stealing steaks, lobster, shrimp, a roast and several household items from Top's Market. That case is still pending.

He is being held on the new charges without bail because of prior felony convictions. He's been incarcerated three previous times on burglary and robbery charges. His most recent stint in state prison was from 2001 to 2016 on a robbery conviction in Niagara County. He was released from parole in February 2018.

Updated at 2:30 p.m. with additional information about the case.

 

 

  Samuel Blackshear

When Samuel Blackshear shot Nathaniel Wilson on Central Avenue one evening last May, Blackshear was exercising "street justice" Judge Charles Zambito told the young man today at his sentencing on an illegal weapon conviction.

It wasn't a matter of self-defense, as defense attorney James Hinman contended, Zambito said. The judge said he believed there was a prior dispute between Blackshear and Wilson, even before Wilson showed up with a knife and stabbed and killed Terry Toote, and that Blackshear knew a woman he was with had a gun and that he expected to be handed the gun if he needed it.

Blackshear was denied youthful offender status and sentenced to three and a half years in state prison followed by two and a half years on parole, which is the mandatory sentence for a conviction on a count of criminal possession of a weapon.

The father of Samuel Blackshear, who was 17 at the time of the incident, said he was disappointed that Zambito denied his son a chance to go to school, get a job, and try to get on a path toward a productive life.

"I came here today expecting justice for my young son," Billy Blackshear said. "I'm not trying to make excuses for him. I'm not saying that he was in the right for how he reacted, but considering the factors that placed him in that situation...with him being a young person, you have the influence of television, you have the influence of peers, you have so many negative influences that could have carried him even worse than the way he reacted and he did not."

Before sentencing Blackshear, Zambito meticulously reviewed the law, the criteria that must be met for a finding youthful offender status, and the circumstances of the case.

Many new details about the murder of Toote and the shooting of Wilson on Central Avenue on May 17 came out during today's hearing.

Youthful offender status is reserved for those cases, Zambito said, where there are mitigating circumstances and where the defendant may have acted in haste and thoughtlessly. The judge making a Y.O. determination must consider the gravity of the circumstances, the defendant's prior record, prior acts of violence, the reputation of the individual, whether the defendant cooperated with police and prosecutors, the defendant's attitude, and whether the defendant has displayed respect for the law.

Y.O. status is mandated if the perpetrator is between 15 and 19 years old at the time of the offense but the conviction is for a misdemeanor. In this case, Blackshear admitted to a felony.

If the case involves an armed felony, as this was, Zambito said, then mitigating circumstances come into play.

In their remarks to Zambito prior to Zambito discussing his decision, District Attorney Lawrence Friedman said there were no mitigating circumstances and dismissed assertions by the defendant's attorney, Hinman, that Blackshear acted in the defense of himself and others. Hinman passionately and exhaustively argued that there were mitigating circumstances and this his client did act in defense of himself and others.

Friedman argued that Blackshear, who had little experience, he said, with handguns, and no prior training in defending others, acted recklessly and without regard to the safety of others in the vicinity when he fired three shots at Wilson. After Wilson attacked Toote, he said Blackshear walked over to a nearby car, took a gun from the driver, and immediately turned around and started firing.

"That wasn't self-defense the first time he fired it," Friedman said. "It wasn't self-defense second time he fired it. It wasn't self-defense the third time he fired it. That was not self-defense."

If it was self-defense, Friedman argued, then why didn't Blackshear stick around after the shooting? Why did he flee instead of talk to the police? Why wasn't he cooperative with investigators once he was located? Friedman asserted the Blackshear has been unwilling to help police locate the handgun he used and that the gun is still missing.

Hinman argued that all available physical evidence, in particular, a video camera mounted on a utility pole on Central Avenue at the time of the shooting, shows Blackshear acted in defense of himself and others. He said it showed Wilson arrive on scene and within 10 seconds, attack Toote, kill him, and then immediately brandish the knife at other people in the area.

Other than his possession of the gun, Hinman said his client did nothing illegal. He suggested the other charges against Blackshear -- attempted assault in the first degree, assault in the second degree -- where satisfied in the plea agreement because Blackshear could have made a credible case to a jury that he acted within New York law to defend himself and others.

"Maybe he (Wilson) would have stabbed other people if he had not been shot," Hinman said. "That doesn't make Mr. Blackshear a hero but he stopped illegal acts."

As for Blackshear's leaving the scene of the shooting before police arrived, Hinman said that's the normal reaction of a black youth today.

"I would submit that a young black man in this day and age has a good reason to not stick around and talk to police," Hinman said. "Nor does he have the obligation to stick around and talk with police."

As for helping police find the gun, Hinman said his client told police that he handed the gun to a third party to take care of and that he has no direct knowledge as to the gun's whereabouts. He said that third party may have cooperated with police in locating the gun but since that person wasn't assured immunity from prosecution he hasn't cooperated. He did say police learned the gun may have been dropped from a bridge into a creek and a search was undertaken to try and locate the gun but it wasn't found. None of that, Hinman said, could be blamed on his client.

Hinman disputed statements Wilson made in a presentence probation interview where Wilson apparently asserted that Blackshear shot him because of a prior dispute and that Blackshear was looking for a confrontation with Wilson.

"It's nothing more than an attempt by Wilson to make himself a victim," Hinman said. "He's the one who set everything in motion."

Zambito, however, gave some weight to Wilson's account of the incident.

"I have no sympathy for Nathaniel Wilson," Zambito said. "He is convicted of murder and he is in jail for a long time, and deservedly so."

But, Zambito said, some of Wilson's statements are corroborated by the evidence on the pole cam video recording as well as mobile phone recordings by witnesses.

In order to find mitigating circumstances, Zambito said he would have to be convinced that Blackshear acted on the spur of the moment to defend himself and others but Zambito said the evidence suggested otherwise.

For example, well before Wilson arrives, a black sedan is seen on Central Avenue. At one point, the driver gets out and retrieves what appears to be a handgun from the trunk of the vehicle. Later the car leaves Central Avenue and returns. The car leaves again and reappears just before Wilson shows up. After Wilson stabs Toote, Zambito said, Blackshear is seen moving toward Wilson, who is turning to leave, and then sees the sedan and walks over to it and is immediately handed a gun by the driver of the vehicle.

"That tells me," Zambito said, "that he (Blackshear) was looking for that car and he expected to be handed the gun."

He said audio from mobile phones show that several people cried out "Sam," which Zambito took as a verbal attempt by witnesses to tell Blackshear to not fire any shots but that Blackshear fired anyway.

Wilson contends he and Blackshear had a prior dispute over Wilson hitting a girlfriend and that Wilson had tried to apologize and Blackshear refused the apology. He said even in a phone call earlier that day, Blackshear had refused the apology and hung up on him.

He said Blackshear had referred to himself as a member of the "L Gang" and that members of the "L Gang" would be looking for Wilson (outside of court, Friedman said "L Gang" may refer to a group of youths who grew up on Lewis Place and applied that moniker to themselves).

While acknowledging that Blackshear's natural impulse may have been to leave the scene and that he had no obligation to stay at the scene, his failure to do so did display a lack of cooperation with police, and one of Zambito's findings must include cooperation with police for Youthful Offender status. Further, Blackshear did not come forward voluntarily the next day. When he was located, he was at the residence of the adult who gave him the gun, playing video games.

As for Blackshear's criminal record and good conduct, Zambito said Blackshear had been arrested once, granted youthful offender status once, and was on probation at the time of the May 17 incident. He also said that Batavia PD and Sheriff's Office reported 26 negative contacts with Blackshear in the prior two years. He said Blackshear had been accused of shooting another person with a BB gun.

"And he's only 17 years old," Zambito said.

Citing district official at BOCES, Blackshear was characterized as having us vs. them attitude, of disrespecting authority, of hanging out with other youths who caused trouble.

In the presentence report, probation officers recommended against Y.O., and detectives Thad Mart and Kevin Czora, the lead investigators on this case, also recommended against Y.O. status.

"It was only by sheer luck that his reckless behavior didn't result in killing or seriously wounding a bystander," Mart wrote in his letter to the court.

Zambito said he took all of that into consideration in coming to his conclusion.

"The defendant attempted street justice," Zambito said. "He put at risk an entire neighborhood. Even Nathaniel Wilson recognizes the loss of life in this incident was over something very senseless and I have to agree with him. I have to believe this defendant was complicit."

Billy Blackshear said his son was raised well, as the grandson of a beloved local pastor, the late Reverend Oraid Blackshear of Mount Zion Missionary Baptist Church on Ellicott Street, and as the son of a man who has never been arrested or spent a night in jail.

But outside court he said he can't help but wonder if he did enough to prepare his son for dealing for life in today's society.

"As a parent, I wish I would have done more," Billy Blackshear said. "I think that's something that maybe a lot of parents say when bad circumstances happen. I said the same thing about my brother when he passed. I wish I could have had a chance to say goodbye to him. I wish there were words that I could have said to him had I known that would be the last time I saw him.

"I didn't get that chance and I feel that same sense of sadness and remorse in this particular case. I wish I could have spent more time or that I could have done or something, or something I could have said that would have better prepared him for such horrendous circumstance."

There's a lesson in this case for all of us, Billy Blackshear suggested.

"I think that young people are too busy being raised and being influenced by outside forces that gave other people monetary value," Blackshear said. "You know there's money to be made on telling kids you should be this way, to have a violent attitude, or look at, you know, you don't have to listen to the rules or anything like that. I'm not saying that's what Samuel was influenced by (that) but I'm saying that there is more negative input than ... positive.

"And so we as parents have to step up. I think the system has to step up as well. Hand-in-hand cooperate in order to be a counterbalance to the things that are steering our young people into the feeling hopelessness and anger and just frustration. We need to start putting hope back inside these young people. We need to start giving them better options. We could do more. There's always more that can be done." (View the full video at the top of this story for all of Mr. Blackshear's comments after the hearing.)

Zambito thinks it's time for Samuel Blackshear to step it up and use his time in prison to take advantage of programs that will help him be more productive and move his attitude away from "us vs. them."

"If you don't," Zambito said, "you're either going to spend a lot of your life in jail or you're going to wind up dead like Terry Toote."

There is a lot of attention paid to opioid addiction treatment, Dr. Richard Blondell told an audience at the City Church Generation Center in Batavia today, but not enough effort is given to preventing addiction in the first place.

"The bottom line of this opioid epidemic is we cannot treat our way out of this epidemic," Blondell said. "We cannot incarcerate out of this epidemic. We can't legislate our way out of this epidemic. What we really have to do is prevention."

Blondell is vice chair of addiction medicine and a professor in the Department of Family Medicine at SUNY Buffalo. He spoke today at a workshop for faith leaders sponsored by the Genesee-Orleans-Wyoming Opioid Task Force.

Drawing on science, history and statistics, Blondell made the case that it's very difficult to successfully treat somebody for opioid addiction; therefore, to end the current epidemic, society needs to produce fewer addicts.

That begins with doctors, he said but includes families and individuals who need to be more aware and better educated about addiction and prevention.

The causes of addiction are both genetic and environmental, Blondell said.

About 10 percent of the population is genetically susceptible to opioid addiction. Those people, when exposed to opioids, usually through prescription medication, are much likely to become addicts.

The addiction for them is a disease.

An addict has about a 5 percent chance of dying in any given year. 

"The average life expectancy of a heroin addict is about 10 years, most are gone in 20," Blondell said.

Much of the blame for the opioid epidemic can be placed on Arthur M. Sackler, a medical marketing executive in the 1950s who, among other things, introduced the world to Valium, the first multimillion drug.

"It didn't treat anything actually," Bondell said. "Even though Valium was the number one prescribed drug in the country it was not clear what disease it treated."

The Sackler family went on to own Perdue Pharma, the company that introduced OxyContin. 

That pain pill was sold to doctors as non-addictive if used for pain.

Then the insurance companies got involved, Blondell said. They stopped funding pain-management regimes, which could cost thousands of dollars but were effective, in favor of prescription pain medications. And if doctors didn't prescribe enough pain pills, they would get low patient satisfaction scores from patients who said, "he didn't do anything for my pain."  

Doctors started prescribing opioid-based pain medications "like skittles," Blondell said.

Patients who become addicted to pain pills often, usually, turn to heroin, which is cheaper and easier to get. About 75 percent of heroin addicts started with a prescription to either the addict himself or to a friend or family member.

There are two types of treatment for addicts, neither high success rates -- counseling or medication.

In counseling, an addict receives psychological therapy, or they might live in a home and where they can learn adult life skills but if they are physically addicted, brain condition related to addiction is not treated. That is where medication, such as methadone, come in.

Blondell said all treatment methods should continue but that isn't the final answer on the epidemic. We've never treated our way out of an epidemic, he said.

People who say addiction is a choice really don't understand opioid addiction, Blondell said.  

Everybody is addicted to something. Addiction is essential to survival. We're all addicted, for example, to water.

But what substances, such as illicit drugs and alcohol do, is trick the brain into thinking that substance is a higher priority than other addictions, such as food.

"So people say to me, this is a behavior," Blondell said. "It's not really a mental illness or it's not a disease. It's not a disorder. It's really just a behavioral problem. To which my question is, what organ in the body produces behavior? Is it the kidneys? Is it the liver? No, it's the brain. So it's the brain that produces the behavior that we see and pass judgment on."

If we're going to end the epidemic, Blondell said, doctors need to be more cautious and judicious in when and how they prescribe pain medications. Patients who receive them need to be better educated about taking the prescribed amount for only a short period of time. Parents need to ensure they control the distribution of pain medication to their teen children, and ensure they actually take them when dispensed so they're not hoarded so five or six can be taken at a time. Everybody needs to be better educated about the nature of addiction and how to avoid it.

   Brad Mudrzynski

The job of Soil and Water Conservative, District Manager Brad Mudrzynski, told the Public Service Committee on Monday during a department review, is pretty straightforward at its most basic: Keep soil healthy; keep it on dry land; keep it out of water, so water is kept clean.

Mudrzynski became the director in January, the second since George Squires retired a couple of years ago after 31 years of service to the county, but Mudrzynski, who is from Elba, said the district has continued to operate without missing a beat.

Genesee County's soil and water district was established in 1944. Every county in the state has a soil and water district. The county budgets about $150,000 annually to fund the district. That pays for personnel, currently four full-time staffers and one part-time employee, and it's up to the district to apply for grants and aid to fund its programs.

"We have a good core," Mudrzynski said. "I hope I get to keep my core because they are really good people. They all know what they're doing."

The current staff is Molly Cassatt, a technician (the former director who volunteered to change rolls), Bob Berkemeier, senior technician, Tim Welch, technician, and Laura Bestehorn, clerk-treasuer.

In Genesee County, most programs are focused on agriculture but the agency also works with municipalities. For example, soil and water is using a $6,000 state grant to fund a hydroseeding program with the towns.

Hydroseeding, rather than just spreading grass seed on the ground, helps prevent runoff and soil erosion.

Other programs and services include tree and shrub planting, fish stocking, an Envirothon, recycling events, permit assistance, guidance for invasive species control, and erosion control design.

In 2018, the district secured nine grants worth $1.2 million.

Mudrzynski said soil and water districts are unique in the state because they operate as quasi-state agencies but with local control, which makes them more nimble and responsive to local needs.

      Kevin Earl

A proposed local law aimed at curbing property thefts is back before the County Legislature after undergoing revisions to more narrowly focus its intent on pawn shops and other businesses most commonly favored by criminals to fence stolen goods.

County Attorney Kevin Earl worked with a variety of interested parties, including District Attorney Lawrence Friedman and Chief Deputy Jerome Brewster to draft proposed language that would still meet the intent of the legislation, but ensure it only hit its target without potentially adding an unintended regulatory burden to other local businesses.

The original bill was introduced in November and met some initial opposition from some members of the Legislature and some local business owners.

The key change of the law narrows the scope of the regulations to businesses known as "pervasively regulated." Prior case law has established that certain business activities can be monitored by the government without a warrant because of the nature of the business. In New York, these already include pawn shops, coin dealers, chop shops, and other enterprises that can be used as fronts for stolen property.

The change ensures the law can't be used to impose regulations on commercial thrift-type stores, used book and record stores, antique stores, or businesses that resell gift cards, among other establishments that might have been swept up in the prior broader language of the law.

Public Services Committee Chair Shelly Stein said during yesterday's committee meeting that it's important to remember the purpose of the law. 

"We are trying to assist victims of theft and robbery in the county," Stein said. 

Even so, the revised bill isn't supported by all members of the Legislature. Both legislators John Deleo and Andrew Young said they are uncomfortable adding another layer of regulation on private enterprise.

"We have one pawn shop here and we're creating more mandated laws when we get upset when the state puts mandates on us," Deleo said. "I don't think it's right. I have faith in law enforcement that if we have a problem, we can solve it. I don't care how much lipstick we put on this, I have a hard time buying into it. I guess I have more faith in law enforcement.

After the meeting, Young said he still isn't satisfied with the language of the law.

"It has been suggested that the decision to be made to pass this law is easy because it is simply to choose between victims of stolen goods and potential criminals," Young said. "I don’t agree that is what it is about. The decision to be made is to weigh the cost of additional government rules, regulations and reporting requirements against the value those government-imposed burdens provide towards assisting victims of theft. 

"The changes made make this law better and somewhat less intrusive. I am not sure we have reached the point where the value of this law outweighs the cost."

Another significant change is the elimination of the licensing fee for a qualified secondhand dealer.

"We did this to address the suggestion that this was only a money grab by the county," said County Clerk Michael Cianfrini. "We wanted to eliminate that concern."

Earl said he's confident that changes in the bill's language will help it withstand any potential Constitutional challenge.  

Niagara County passed a new law similar in language to the original draft of Genesee County's law and Earl said officials up there, after he shared his concerns with them about the local law, don't intend to make changes.

"Niagara County had nobody show up at their public hearing," Earl said. "There were no objections. It's probably a good thing we had objections up front or we might have had problems on the back end."

Brewster said just discussion of the law has compelled Pawn King on Veterans Memorial Drive, Batavia, to start using Leads Online, a digital service used by pawn shops to enter items received into a searchable database. Law enforcement agencies can then subscribe to the service (there's no cost to the merchants who participate) so they can see what items are coming into the shop and check the list of items reported stolen.

Pawn King was already using the service in other counties where it does business because those counties legally compel Pawn King to use Leads Online.

Brewster said passage of a similar law locally will ensure Pawn King continues to use the service and will help ensure their compliance is thorough.

Businesses required to record transactions and hold items for at least 10 days under the law could lose their license and be forced to close if found out of compliance.

Mike Barrett, owner of Barrett Marine, said after the meeting that with the revisions, he's more comfortable that the new law. If passed, it won't apply to Barrett's business, but the owner of John G. Cooper Coin Shop in Le Roy said at age 76, this law may be a signal that it's time to retire.

Previously:

• In effort to fight burglaries, County reviewing new regulation scheme for businesses that sell used merchandise
• Pawn King owner touts company's willingness to curtail criminal activity
• Legislature puts proposed pawn shop local law on hold for further review

Lee George Ezzell, 64, of Genesee Street, Darien, is charged with second-degree harassment. At 10 a.m. on March 17 on Genesee Street in Darien, Ezzell was arrested. It is alleged that with intent to annoy, harass, or alarm a person, he used an open hand to strike that person in the back of the head. Ezzell was issued an appearance ticket for April 2 in Darien Town Court. The case was handled by Genesee County Sheriff's Deputy Andrew Mullen

Joey Aaron Evans, 28, of State Street, Batavia, is charged with petit larceny. At 4:03 p.m. on March 16, Evans was arrested after he allegedly stole two Dyson V6 vacuums from Walmart. He was arraigned then released on his own recognizance. He is due in Batavia Town Court on April 9. The case was handled by Genesee County Sheriff's Deputy Mathew Clor, assisted by Deputy Michael Lute.

Mary Ellen Bruton, 63, of Gilman Road, Churchville, is charged with: driving while intoxicated; DWI with a BAC of .08 percent or higher; and having a vehicle stopped, standing or parked on a highway. She was arrested at 10:32 p.m. on March 17 on Park Road in Batavia following a traffic stop. She was issued an appearance ticket and is due in Batavia Town Court on April 11. The case was handled by Genesee County Sheriff's Deputy Mathew Clor, assisted by Deputy Jeremy McClellan.

Justin T. Gladney, 29, of North Spruce Street, Batavia, was arrested on March 13 at 11:37 a.m. on Hutchins Street in Batavia on three separate warrants issued by Batavia City Court. One was a bench warrant for failure to appear. The second was an arrest warrant for failure to appear on an appearance ticket. These were in connection to two petit larceny charges. The third warrant was for first-degree falsifying business records and criminal impersonation in the second degree -- for allegedly giving a false name to the police and while being fingerprinted at the GC Jail. Gladney was put in jail with bail set at $2,500 cash or bond on the first two warrants and bail of $15,000 cash or bond for the new charges that garnered the third warrant. The case was handled by Batavia Police Officer Jason Davis, assisted by Sgt. Daniel Coffey.

Pablo Abdiel Cintron Guzman, 18, of Central Avenue, Batavia, is charged with unlawful possession of marijuana. He was arrested at 4:54 p.m. March 17 on Park Road in Batavia following a traffic stop. He is due in Town of Batavia Court on April 4. The case was handled by Genesee County Sheriff's Deputy Mathew Clor, assisted by Deputy Andrew Hale.

According to data compiled by the Center for Disease Control, a federal agency, and compiled by USA Today, United Memorial Medical Center has one of the best rates of mothers avoiding serious complications during childbirth in New York and the nation.

UMMC's severe maternal morbidity (SMM) rate for births to all mothers is 0.09 percent, compared to 1.8 percent for New York and a 1.4-percent rate nationwide.

SMM includes unexpected outcomes of labor and delivery that result in significant short- or long-term consequences to a woman’s health, according to the CDC.

The rate for UMMC is based on 2,341 deliveries from 2014 through 2017.

Dr. Tara Gellasch, chief medical officer for UMMC, and a physician at Batavia's Women Care Center, said UMMC's rating reflects the hospital's commitment to quality care and the support of the Rochester Regional Health system.

"Due to a myriad of potential conditions that can increase risk, maternal mortality is a growing concern in New York State and throughout the country," Gellasch said. "At United Memorial Medical Center, our providers and staff are trained to identify patients at risk so we can work with our Rochester Regional Health experts in high-risk obstetrics to provide these patients with the prenatal care they need.

"Our team is proud that we have kept maternal mortality rates consistently low and, as we do in all areas of care, we continue to evaluate our work and find ways to raise the bar for the future."

The severe maternal morbidity rate "is a composite measure of things that can go wrong at the hospital before, during or after delivery – heart attacks, strokes, blood transfusions, hysterectomies and other perilous emergencies that can permanently harm or even kill a new mother," reported USA Today.

Because the SMM rate is especially a concern for black mothers, the newspaper also reported on the rate and deaths for black mothers at UMMC during the study period.

The rate of episiotomy, an incision made in the vagina to assist during difficult births but not recommended by most health care experts, is 1.2 percent at UMMC compared to 7.8 percent at hospitals in 13 other states. 

The cesarean rate at UMMC is 18.5 percent compared to a national rate, among hospitals that report the rate -- some do not disclose it -- is 19.9 percent.

While Genesee County's unemployment rate jumped to 5.0 percent in January it was still a point-and-a-half lower than a year earlier for the same month.

The Department of Labor released the county's unemployment rate on Friday.

January's unemployment rate is traditionally one of the highest rates of any month in the year and last year it was 6.4 percent.

In December, the local rate was 4.1 percent.

There were 30,000 local residents reported in the labor force for January of this year compared to 29,500 the previous January.

Of those 30,000, 28,500 had jobs compared to 27,600 with jobs the previous year.

The number reported without work but seeking employment dropped from 1,900 to 1,500.

As for the number of private-sector jobs in the county, there were 16,300 reported in January compared to 16,200 the previous year.

With each budget revision of the Batavia City School District budget for 2019-2020, Business Administrator Scott Rozanski gets a little closer to trimming $750,000 in spending.

He said school officials are also hoping state aid will increase for the year so the district can keep the property tax levy from growing more than 4.69 percent.

In the latest revision, Rozanski has penciled in $51,118,155 in spending.

He expects about $25 million in state aid, though hoping for more, and local revenue of more than $27.4 million. That would include spending $3.1 million in fund balance with a tax levy of $20,608,000.

But that tax levy amount would mean an increase of 8.78 percent, well above the legal limit of the state's property tax law.

Over three revisions, Rozanski has already trimmed off more than $500,000 but he still needs to find enough savings to get the levy down to $19,834,000, or lower.

A levy under that amount would allow the budget to pass on a simple majority and ensure district property owners would be eligible for a tax rebate from the state in the fall.

A Tuesday's school board meeting, Rozanski said administrators and department chairs found $166,000 in purchases that could be canceled or delayed.

The district will also be able to save $120,000 by letting positions stand vacant after staff retirements.

When asked by a board member why the positions weren't being filled, Rozanski said, "We need to look at things a little bit differently in how we're operating so we're looking for savings."

Those are the kind of cuts Rozanski continues to look for in the budget. He said he doesn't anticipate any significant program cuts.

Overall, the school district expects to cut spending by more than $2.8 million but $2.1 million of that spending came from a statewide bond initiative five years ago that allowed school districts through the state to improve technology-related infrastructure. The cut in revenue and expenditure offset each other as the program comes to a close.

The other $750,000 that must be cut is the result of an NYS Comptroller audit a few years ago that found the school district was estimating revenue correctly but underestimating expenditures in its annual budgets. This was leading to a growing fund reserve. The reserve had become 7 or 8 percent of overall expenditures when it shouldn't be more than 4 percent. That money, the report noted, should be returned to taxpayers in the form of tax cuts.

The district had a reserve fund for debt service but the Comptroller said debt service should be paid out of the general fund so, over the past two years, the district has been transferring money from the debt service fund to the general fund. The debt service fund is now tapped out, hence the need to cut $750,000 in expenses.

Kendra Kenyon, 22, (pictured left) and Dominic Beck, 23, (pictured below right) both of Batavia, no addresses noted, were among 12 people arrested recently by the Wyoming County Drug Task Force and accused of selling and/or manufacturing drugs throughout Wyoming County over the past year or so. Kenyon and Beck were the only defendants from Genesee County arrested in the sweep.

On March 13, Kenyon was charged with criminal sale of a controlled substance in the fourth degree and conspiracy in the fourth degree. 

It is alleged that Kenyon and Beck agreed to sell suboxone to an individual in the Village of Attica on Feb. 8. Both allegedly travelled to Attica with the intentions of selling the drug to another subject at which time they were arrested by Task Force Members and Wyoming County Probation officers who were waiting for them when they arrived to sell the drugs.

Kenyon is currently in the Wyoming County Jail in lieu of $15,000 cash bail, while Beck, who was arrested on the same charges March 8, has since posted bail. 

The Wyoming County Drug Task Force is a multi-agency unit with members from the Sheriff’s Office, Warsaw, Perry, Attica, and Arcade Police Departments, which all participate.

Tonya Lee Buzzell, 36, of Liberty Street, Batavia, is charged with: third-degree bail jumping; false personation; violation of the Family Court Act; criminal possession of a controlled substance in the seventh degree. Buzzell was located in Erie County and arrested on March 13 on four warrants then turned over to the Genesee County Sheriff's Office. Following her arraignment in Genesee County Family Court, she was released on her own recognizance. Next she was arraigned in Batavia City Court regarding the false personation charge and released on her own recognizance. Afterward, she was jailed in lieu of $1,500 bail on the criminal possession of a controlled substance charge and $10,000 bail on the third-degree bail jumping charge. Additional charges may be pending. She is due in city court April 24. The case was handled by Genesee County Sheriff's Deputy Ryan Young, assisted by Sgt. Thomas Sanfratello.

Sharnice Shantell Gibson, 27, of Frank Street, Medina, is charged with: aggravated driving while intoxicated -- with a passenger less than 16 years of age; DWI; two counts of endangering the welfare of a child; and loud exhaust. Gibson was arrested March 14 on Alleghany Road in Alabama following a complaint of an erratic driver. She was arraigned in Town of Alabama Court and jailed in lieu of $2,500 cash or $5,000 bond. She is due in Town of Alabama Court on April 4. The case was handled by Genesee County Sheriff's Deputy Joshua Brabon, assisted by Deputy Erik Andre.

Jamie Leigh Ayala, 39, of Walnut Street, Batavia, is charged with fourth-degree grand larceny and petit larceny. Ayala was arrested at 6:29 p.m. on Feb. 28 at Palm Island Indoor Water Park on Park Road in Batavia after allegedly stealing and preventing the return of a wallet containing three credit cards and other personal documents while at the water park. Ayala is due in Batavia Town Court on April 4 to answer the charges. The case was handled by Genesee County Sheriff's Deputy James Stack.

       Leona Polk

A 39-year-old resident of West Main Street Road, Batavia, has been arrested and accused of selling a quantity of methadone to an agent of the Local Drug Task Force on two occasions.

Leona J. Polk is charged with two counts of criminal sale of a controlled substance 4th, a Class C felony.

Polk was arraigned in Genesee County Court on Thursday and given her status as a lifelong Batavia resident and her lack of any prior criminal record, she was released on her own recognizance. 

She was arrested March 8 and held without bail until her appearance before Judge Charles Zambito on Thursday.

She is accused of making the sales on June 17 and 18.

The sentencing of Samual Blackshear, the Batavia teenager who shot murderer Nathaniel Wilson in the leg after Wilson had stabbed Terry J. Toote outside a residence on Central Avenue, was delayed again today because his attorney received information that could effect Blackshear's eligibility for youthful offender status.

Blackshear entered a guilty plea in November to a single count of criminal possession of a weapon.

The plea agreement, which satisfied an indictment that included counts of attempted assault in the first degree, assault in the second degree, and two counts of criminal possession in the second degree, came with the promise that Judge Charles Zambito would consider granting the then 17-year-old youthful offender status. That would seal his court and criminal record in this case; the defendant is then never required to disclose the conviction to colleges or on job applications.

In preparing for sentencing, James Hinman did not receive a victim's statement from Wilson and did not believe such a statement existed.

Today, he learned that while Wilson did not make a victim's impact statement, he did make statements during his interview for his own pre-sentence investigation, that could have a bearing on the Blackshear case. Hinman asked for time to review those statements.

The content of Wilson's statements was not revealed in court.

In defending Blackshear, Hinman has maintained that Blackshear acted to protect the lives of people at the scene of May 17 murder. While the justification defense might have swayed a jury on the assault charges, Hinman did not dispute that Blackshear came into possession of a handgun he wasn't licensed to carry.

The gun allegedly came from Jennifer Urvizu-Hanlon, 48, then a local businesswoman, who did have a license for the gun. Her case is still pending.

Blackshear's case was continued to 3:30 p.m., March 2.

Even if granted youthful offender status, Blackshear could still be sent to prison for up to four years, or Zambito could put him on probation immediately.

Wilson, who admitted to second-degree murder, was sent to prison for a minimum of 20 years.

A Pembroke-area resident, whose name has not yet been released by local law enforcement, was killed this afternoon in a head-on collision with a tractor-trailer on Main Road near the county line.

The accident was reported at 3:06 p.m. in the area of 352 Main Road.

First responders reported a large debris field. Mercy Flight helicopters were put on ground standby but soon canceled after medics arrived on scene.

The driver of the tractor-trailer suffered minor injuries and was taken by Mercy EMS to UMMC for evaluation.

The driver of the SUV was westbound when it crossed the center line and struck the truck driver's-side-to-driver's-side. The SUV was heavily damaged in the accident.

Assistant Chief Ed Mileham, Indian Falls fire, said it was one of the worst accident scenes he's responded to in the 37 years he's been a volunteer firefighter.

UPDATE 9:30 a.m., Friday, March 15: The name of the driver killed in the crash is Wayne A. Striewing, 54, of Pembroke. Striewing was driving a 2017 Lexus NX2 westbound on Route 5 when the vehicle crossed the centerline, entering the eastbound lane. Investigators have yet to determine why Striewing's vehicle cross the centerline. The Lexus struck a 2016 Peterbilt tractor-trailer operated by Raymond L. Bennett, 56, of Winona, Mo. 

The crash is being investigated by Deputy James Stack, Deputy Kyle Krzemien, Sgt. Andrew Hale, Sgt. Jason Saile, Investigator Chris Parker, Investigator Chad Minuto, and Chief Deputy Joseph Graff. Assisting at the scene were the State Police Commercial Vehicle Enforcement Unit, Department of Environmental Conservation, Pembroke Volunteer Fire Department, Indian Falls Volunteer Fire Department, East Pembroke Volunteer Fire Department, Mercy EMS, and Coroner Jeff McIntyre.

A grand jury stenographer has allegedly been audio recording grand jury proceedings, which isn't legally permissible, and the attorneys for Jennifer L. Serrano think the stenographer's actions are enough to get a second-degree vehicular manslaughter charge dismissed.

The 48-year-old Serrano was charged following the Aug. 11 death of 18-year-old Connor Lynskey after a Jason Aldean concert in Darien.

"I was not aware of the recordings until recently and as a matter of an ethical obligation, I notified the defense attorneys involved," said District Attorney Lawrence Friedman.

While attorneys Frank LoTempio III, and Jack Sanchez have filed a motion seeking dismissal of the grand jury indictment against Serrano, Friedman doesn't believe the recordings jeopardize the case.

"We do not believe, regardless of what the court decides, it will result in the dismissal of the indictment or lead to anything that would delay the case."

Friedman has until April 5 to file his answer to the motion with the court and Judge Charles Zambito may conduct a hearing on the motion April 25 at 1:30 p.m. LoTempio and Sanchez have asked to put the stenographer on the stand at the hearing. It will be up to Zambito to decide if there should be a hearing and whether to call the stenographer to the stand.

The recordings, if made, are a potential violation of New York's Judiciary Law, though Friedman disagrees with the analysis by LoTempio and Sanchez that the recordings rise to the level of a misdemeanor. Friedman isn't anticipating any charges in the case.

Friedman's office had no prior knowledge of the recordings and did not benefit from the recordings. The stenographer is an independent contractor and is not employed by the District Attorney's Office.

The stenographer was using a shorthand machine manufactured with the recording capability built right into the device, which is why the DA's office was not aware of the recording being made. Such a mahcine may be permissible in other legal proceedings but in New York, not in a grand jury proceeding.

Assistant District Attorney Shirley Gorman discovered the fact that the recordings were being made and brought it to Friedman's attention.

Friedman and the ADAs in his office have notified defense attorneys about the recordings but he didn't have a count for how many cases that might involve. As for as his own cases, only one other defense attorney has filed a motion related to the recordings.

"The bottom line, I really believe, is this is not going to be an issue that is going to impact cases," Friedman said. "We’re not concerned that we’re going to have indictments dismissed or any that severe as a result of this."

As for Serrano, if the case does go to trial, LoTempio said the defense is ready to proceed. They plan to bring forward an expert witness who will testify that Lynskey was intoxicated and either walking or running in the lane of traffic when he was struck.

The defense will argue that Lynskey was at fault in the accident, LoTempio said.

They also believe there is evidence to indicate that Serrano didn't know she had struck a person and therefore didn't have the requisite knowledge to be charged with leaving the scene of a personal injury accident.

The accident occurred Aug. 11 on Sumner Road. Lynskey was with friends and family at the Aldean concert at the Darien Lake Performing Arts Center. They were camping at Darien Lakes State Park. After the concert, the group started on foot back to the campground. The Sheriff's Office report of the accident indicated Lynskey decided to run ahead and catch up with a friend. When both groups were back at the camp, they realized Lynskey was missing. Law enforcement searched the area that night but did not find Lynskey. His body was found the next day in a ditch by the side of the road.

Serrano had been stopped and charged that night with a DWI. The accident may have occurred about a half hour before she was arrested. Through leads, Sheriff's investigators identified her as a suspect in the fatal accident.

Josselyn A. Scott, 57, of Back Creek Road, Boston NY, is charged with driving while intoxicated with a previous conviction within the last 10 years, and driving with an open container of alcohol in a motor vehicle while on the highway. Scott was arrested at 5:31 p.m. March 10 for felony DWI and drinking in her car after she was allegedly observed leaving the scene of a property-damage accident on the Thruway, then seen sitting in the parking lot of 200 Oak St., Batavia, with her vehicle running. She was arraigned in Batavia City Court then jailed without bail. The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Stephen Cronmiller.

Timothy D. Eastridge, 41, of Chestnut Street, Batavia, is charged with: endangering the welfare of a child; unlawful possession of marijuana; and criminal possession of a weapon in the fourth degree -- previous felony conviction. Eastridge was arrested following a Child Protective Services home visit at 11:24 a.m. on March 8. Eastridge allegedly had smoked marijuana in close proximity to his children and he was allegedly found to possess a .22-caliber rifle. He was issued an appearance ticket and is due in Batavia City Court at a later date. The case was handled by Batavia Police Officer Marc Lawrence.

Stephanie M. Hartgrove, 30, of Chestnut Street, Batavia, is charged with endangering the welfare of a child. She was arrested at 11:24 a.m. on March 8 after a Child Protective Services investigation where Hartgrove allegedly allowed her live-in boyfriend to smoke marijuana in close proximity to "their children in common." She was issued an appearance ticker and is due in Batavia City Court at a later date. The case was handled by Batavia Police Officer Marc Lawrence.

On March 10, the Le Roy Police Department arrested 22-year-old Andray P. Bair of Thorold, Ontario, Canada (inset photo) and charged him with one count each of: vehicular assault in the first degree (a Class D felony); vehicular manslaughter in the second degree (a Class D felony); driving while intoxicated and driving with a BAC of 0.08 percent or more (unclassified misdemeanors); speed not reasonable and prudent and moving from lane unsafely (violations).

The charges stem from a fatal motor-vehicle accident, which occurred on Feb. 24 at about 3:30 a.m. at the intersection of Wolcott Street and Clay Street (Route 19) in the Village of Le Roy when the vehicle Bair was driving left the roadway and struck the house at 79 Clay St.

The vehicular manslaughter charge alleges that Bair, while operating a motor vehicle and as a result of intoxication or impairment by the use of alcohol, operated a motor vehicle in a manner that caused the death of Handel Jamal Love, age 22, also of Canada, by veering his vehicle out of the driving lane and crashing it into the house.

The charge of vehicular assault alleges that Bair, while operating the motor vehicle while intoxicated and as a result of such intoxication or impairment, operated the motor vehicle in a manner that caused serious physical injury to more than one person, specifically the two passengers, Anuoluwa T. Makinwa, age 22, of Canada, and Handel Jamal Love, by veering the vehicle out of the driving lane and crashing it into the house.

At the time of the collision, Love was pronounced dead at the scene, while Bair flown to Strong Memorial Hospital by Mercy Flight and Makinwa was transported by ground ambulance to Strong Hospital.

Bair was released from the hospital on March 10 and arrested and arraigned in Le Roy Town Court and put in Genesee County Jail in lieu of $25,000 cash/$50,000 bond.

Makinwa was transferred from Strong Hospital to a Canadian hospital for continued medical treatment.

The Le Roy Police Department was assisted at the scene by the Le Roy Fire Department, Le Roy Ambulance Service, Caledonia ambulance, Mercy Flight Ground Ambulance and Helicopter, New York State Police Crash Management, Genesee County Sheriff's Office, Genesee County Coroner and the Genesee County District Attorney's Office.

The following people are wanted on warrants issued out of Batavia City Court. If you have any information on the whereabouts of these subjects, please contact the Batavia Police Department at (585) 345-6350.

Do not make any attempt to apprehend these individuals on your own.

If you have an active warrant and want to avoid ending up on a WANTED list like this, the Batavia Police Department would be more than happy to assist you on resolving the warrant.

Dakota O. Irvin, age 27
Charge(s):  Aggravated unlicensed operation of a motor vehicle, 3rd degree; operating a motor vehicle w/o insurance and with a suspended registration; bail jumping, 3rd. Jason J. Raffel Jr, age 26
Charge(s):  Obstruction of governmental administration, 2nd degree Justice D. Osborne, age 23
Charge(s):  Aggravated unlicensed pperation of a motor vehicle, 2nd degree; operating a motor vehicle w/o insurance and with a suspended registration.

 

Justin T. Stephenson, age 34
Charge(s):  Aggravated unlicensed operation of a motor vehicle, 3rd degree; and operating a motor vehicle w/ a suspended registration. Robert L. Jordan (AKA Jackson), age 72
Charge(s): Petit larceny Shante R. Williams, age 35
Charge(s):  Resisting arrest

     Shane Zimblis

Shane Zimblis, 48, of South Swan Street, Batavia, turned himself into the Batavia Police Department on March 9 on a warrant out of Batavia City Court. He is accused of damaging property belonging to another person and causing injury to another person by use of a baseball bat at 12:15 p.m. Feb. 19 on South Swan Street, Batavia. He is in GC Jail charged with: second-degree harassment; fourth-degree criminal mischief; second-degree assault -- injury with a weapon; and criminal possession of a weapon with intent to use. The case was handled by Batavia Police OfficerJason Ivison.

A 17-year-old male who lives on Ellicott Avenue in Batavia is charged with endangering the welfare of a child. He was arrested on March 9 for allegedly hitting an 11-year-old male with a piece of wood, causing physical injury. The incident occurred on Maltby Road in Oakfield at 3:20 p.m. on Feb. 28. He is due in Oakfield Town Court at 6 o'clock this evening (March 11). The case was investigated by Genesee County Sheriff's Deputy Mathew Clor.

Monica Jane White, 20, of Sunset Park, Oakfield, is charged with issuing a bad check. On March 8, following the investigation of a bad check, White was arrested, issued an appearance ticket, and is due in Town of Oakfield Court at 6 p.m. on March 25. The case was investigated by Genesee County Sheriff's Deputy Joshua Brabon, assisted by Sgt. John Baiocco.

Douglas Antwon Spencer IV, 37, of Park Road, Batavia, is charged with: driving while intoxicated with a BAC of .08 percent or more; DWI; open container; and unlicensed operation. Spencer was arrested on Park Road after being found sitting in his vehicle in the middle of the GC Sheriff's Office parking lot entrance with an open container, allegedly driving while intoxicated. The case was handled by Genesee County Sheriff's Deputy James Stack, assisted by Sgt. John Baiocco.

Woodrow C. Horseman, 42, of Porter Avenue, Batavia, is charged with petit larceny. On March 8, Batavia police responded to Tops Market in Batavia for a reported larceny. Responding patrols located the suspect on West Main Street and Woodrow Road. He allegedly stole three alcoholic drinks. Horseman was issued an appearance ticket and is due in Batavia City Court on March 12. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Nicole McGinnis.

Benjamin Jacob Skubis, 24, of Colby Road, Darien, is charged with third-degree bail jumping. Skubis voluntarily turned himself into Alabama Town Court on March 7. He was due there for an unspecified incident on June 7. He was released on his own recognizance and is to reappear in Alabama Town Court at a later date. The case was handled by Genesee County Sheriff's Deputy Thomas Sanfratello.

Joseph W. Freeman, 34, no address noted, is charged with failure to appear. He was arrested Feb. 27 on a bench warrant issued Jan. 31 for an unspecified incident. Freeman was released on his own recognizance was due to return to Batavia City Court on March 5. The case was handled by Batavia Police Officer Stephen Cronmiller, assisted by Officer Frank Klimjack.

Karaya D. Cummings, age 29, Black female 5’4” 130 lbs., black hair brown eyes, LKA Griffith Street Rochester, NY

 

Bench warrant for criminal possession of a controlled substance 5^th PL 220.06-1 (Felony)  Genesee County Court DOW 10/3/18

Antonio J. Goodson, age 28, Black male, 6’2” 155 lbs., black hair brown eyes, LKA Wood Street Batavia, NY

 

Bench warrant for criminal contempt 1^st  PL 215.50-3 (Felony) Genesee County Court DOW 2/15/19

Robert J. Moulthrop, age 51, White male, 5’11” 170 lbs, bald with hazel eyes, LKA Alexander Street, Rochester, NY

 

Bench warrant for DWI/Drove W/.08% BAC or more VTL 1192-2,3 (Misdemeanor) Byron Town Court DOW 2/12/18

 

 

Donald H. Piechocki, age 54, White male, 5’11” 150 lbs., brown hair blue eyes, LKA Cattle Drive Kissimmee, FL

 

Arrest warrant for DWI/Drove W/.08% BAC or more VTL 1192-2,3 (misdemeanor) Alexander Town Court DOW 10/11/05

Ramon A. Quinones  AKA Casilla R. Quinones, age 24 Hispanic male, 5’6” 150 lbs., black hair brown eyes, LKA 8170 Batavia-Stafford TL Road Batavia, NY

 

Bench warrant for petit larceny PL 155.25 (misdemeanor) Batavia Town Court DOW 2/9/16

 

Arrest warrant for bail jumping 3^rd PL 215.55 (misdemeanor) Batavia Town Court DOW 10/26/17

Scott E. Staubitz,  age 37, White male blond hair, hazel eyes, 5’10” 170 lbs., LKA Union Road, Cheektowaga, NY

 

Bench warrant for criminal possession of a controlled substance 7^th PL 220.03 (Misdemeanor) Darien Town Court DOW 10/18/18

 

Arrest warrant for bail jumping 3^rd PL 215.55 (misdemeanor) Darien Town Court DOW 12/4/18

 

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.