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McMurray rallies volunteers in Alexander

By Howard B. Owens

Standing in front of about 100 members of the Democratic Party -- volunteers who signed up walk precincts on his behalf -- Nate McMurray, candidate for Congress, said something you might find surprising: Donald Trump is right about a few things.

"Let's be honest, a lot of people voted for Donald Trump because they knew they needed help," McMurray said. "It was a Hail Mary. They felt like there wasn't a party representing them and maybe they needed somebody on the outside to say, 'hey, I can shake the system up.'

"I'm going to tell you something to a lot of people in the Democratic Party will not say," McMurray added. "Mr. Trump may be a master salesman. He may be a lot of things but his message was right in many respects. The message of the fact that a lot of Americans get left behind or forgotten about."

Many of Trump's voters are now disappointed in Trump, McMurray suggested, because he hasn't delivered on his promises.

"The problem is, Mr. Trump's message has been nothing but bluster," McMurray said. "He's is not doing anything to help people in this country. We hear about a booming economy but do you think the people here in this part of the region or the people in Attica, do you think they feel things are booming and moving and things are going great?"

McMurray promised not only to fight for jobs if elected, including opposing bad trade deals, but to support health care for all, protect Social Security, and follow through on a campaign promise Trump seems to have forgotten: infrastructure.

"Within 60 days in office, we will present a joint infrastructure bill in the house," McMurray said.

Right now, it's unclear who McMurray is running against. The man he planned to beat, Rep. Chris Collins, is under federal indictment on insider trading charges. The Erie County businessman continues as the singular target in McMurray's crosshairs, at least until, and if, the GOP NY-27 chairs are able to remove Collins from the ballot and replace him with another nominee.

Next week, Democratic Party Chair Tom Perez is going to visit the NY-27 but there was a time in McMurray's congressional quest, he said, when the party bosses told him he couldn't possibly beat Chris Collins and he should save his political capital for another fight, he said he told them Collins needed to be taken out.

"I said no someone has to stand up to Chris," McMurray said. "We know he has an ethics violation. We know he has this history of saying 'I only represent my constituents who are my donors.' He had this horrible record and all knew his record even before he was a congressman. We knew about his record when he was county executive when he would fire people and defund libraries and defund all kinds of projects important to the community just because he felt like it."

There was only one person in Washington, D.C., back then willing to encourage McMurray's run, said: Louise Slaughter.

It was Slaughter, he said, who wanted to know if McMurray would "fight like hell," which has become the campaign motto. 

"She said something else," McMurray said. "She said, 'this man has used the house of the people not to do people's business but to make money for himself and his family. Are you ready to stand up against that?' and I said yes and she said, 'Will you stand on his neck?' She said that.

"Now that's mean and it sounds tough but there comes time for accountability. It is time for accountability, not just for Collins but for the entire party that supported him."

Shortage of prosecutors has hit 'crisis' stage, DA warns County Legislature

By Howard B. Owens

Changes in technology and criminal law in New York have increased the workload in the District Attorney's Office, according to DA Lawrence Friedman, to a point that is unsustainable and either some cases won't get prosecuted by his office or good attorneys will quit their jobs.

Friedman described the burdens on his office in a letter to the County Legislature to support his request for additional staffing.

"Without such additional resources, our attorneys will not be able to continue to shoulder all of the added responsibilities and time commitments that have been placed on us over the years," Friedman said. "Instead, we will need to figure out how we will implement a reduction in services. We don’t know exactly what that will look like, but we do know that it will not be good for public safety in this community."

Reduced services could include:

  • Discontinue the prosecution of violations of probation, leaving probation officers to handle the violations themselves;
  • Discontinue the prosecution of non-criminal offenses, such as disorderly conduct, harassment, and unlawful possession of marijuana, leaving it up to the arresting officers to prosecute those cases;
  • Reduce the time spent educating new officers about criminal and court procedures.

Friedman is asking for at least one new full-time assistant DA. There are four now. 

When Friedman was himself an assistant, there were seven part-time (30 hours a week) prosecutors in the DA's office for a total of 210 attorney hours a week. In 1996, Friedman, newly appointed to DA, learned the county could obtain state money to fund a full-time DA so the county eliminated three part-time positions in favor of two full-time positions. When the county switched to five full-time prosecutors, it reduced the number of total attorney hours to 187.5, which helped save the county money, according to Friedman.

In recent years, the workload for prosecutors has increased substantially, Friedman said, because of: 

  • Body-worn cameras, video-recorded suspect interviews, more surveillance footage of crime scenes. Before the age of ubiquitous video, most cases involved written documents that could be reviewed in minutes. Now, sometimes, a prosecutor must spend hours watching video, and sometimes the video must be viewed more than once, including times to prep witnesses, review with police officers, besides the initial review to see what if any evidence the videos might contain.
  • The DA's office has been hit with numerous serious crimes over the past couple of years that assistant DAs help with during the investigation and then if an arrest has been made, handle the prosecution. These crimes include a gang-assault case, a homicide at the Sunset Motel, a deputy-involved shooting, a homicide on Liberty Street, a shooting on Jackson Street, a shooting on Thorpe Street, a series of residential burglaries, a stabbing and murder on Central Avenue, child sex offenses, a fatal hit-and-run in Darien, an attempted murder and arson on Maple Street, vehicular assaults in Corfu and Pavilion, a stabbing in the Town of Batavia, a stabbing on Ross Street, two first-degree rape cases, and follow up on a cold case murder.
  • There has been an increase in search warrant applications.
  • New state laws, such as Jenna's Law, Megan's Law, and Leandra's Law has added time and tasks to the prosecution of some criminal cases.
  • Big Box stores have increased the number of reported larcenies and forgeries.
  • DNA is helping to open cold cases.
  • Since Friedman became DA, new courts have opened, including Drug Treatment Court, DWI Treatment Court, Mental Health Treatment Court, Veterans Court, Domestic Violence Court, and now the new Youth Court opening next month.

Assistant DAs work a lot of hours beyond their standard "9-5" shift, Friedman said. In additional evening hours for town courts, they are on call 24/7.

A  recent example, Friedman said, was the fatal hit-and-run in Darien. ADA Shirley Gorman was called into the case on an early Sunday morning and worked 12 hours. Friedman and First Assistant District Attorney Melissa Cianfrini also assisted that Sunday with the case. 

"Altogether, the attorneys in our office spent about 40 hours on this case in the first three days and many more hours since then," Friedman said. "Unfortunately, this type of scenario is becoming more and more common. I am concerned that this could result in our attorneys becoming 'burned out' and/or leaving for 'greener pastures.' "

He concluded the letter calling the current situation a "crisis."

"This is the most serious staffing concern that I've ever faced," said Friedman, who has worked in the DA's office for 37 years, and who plans to retire in 2021. 

"I sincerely hope that an inability to get the help we need will not become the next impediment to the effective prosecution of crimes committed in Genesee County," Friedman said. "The current District Attorney truly hopes that his legacy will not be that of leaving an office that is understaffed and thus unable to properly serve the citizens of this County and he assumes that our County Legislature does not want that to be their legacy either."

Town of Le Roy's tentative budget includes $40K cut to ambulance service, five-cent reduction in taxes

By Howard B. Owens

One way or another, the Town of Le Roy is not expecting to spend $40,000 in 2019 to support Le Roy Ambulance, according to Supervisor Steve Barbeau.

Barbeau presented his tentative 2019 budget to the town council at Thursday's meeting and then discussed the future of the Le Roy Ambulance after the meeting.

Barbeau said based on his discussion with representatives of the ambulance service, Le Roy Ambulance has reached a point financially where it either needs the tax support of a special district or the nonprofit corporation must be dissolved.

If the proposed budget doesn't change before approved, Le Roy residents would find their town property tax rate reduced by a nickel, from 90 cents to 85. The total levy would be $206,248.

In all, Le Roy, excluding special districts, will need $1,427,441 to operate in 2019.

The proposed budget includes raises for non-union staff of varying amounts depending on which department the staff serves. 

Town board members will be able to start going through more detail at its Sept. 27 meeting.

Some adjustments may be necessary because since Barbeau prepared the tentative budget, he's received new information, including a reduction in workers' compensation insurance costs, a reduction in  STOP-DWI money transferred from the state to the town's justice department, and a $5,000 expense for the town to work with the county on a records archive project.

Ambulance Service
As for the ambulance service, a public meeting planned for next week has been canceled because the attorney for the ambulance service has had some health issues. It hasn't been rescheduled yet but the attorneys are working on finding a new date.

At the meeting, the public will learn about the options for the ambulance service and about the prospect of setting up a special district.

After that meeting takes place, Barbeau would like to conduct a straw poll of residents. It would be a non-binding vote held at the Town Hall. Like a school budget election, all residents at least 18 years old would be eligible to cast votes.

The results, Barbeau said, could help the Town and the Village decide whether to support a special district for the ambulance service. If the vote was lopsided one way or another, officials could gauge whether voters would likely support a special district. A close vote would make the difficult decision even more difficult, Barbeau acknowledged.

Either the Town or the Village could approve the formation of a special district without a voter referendum. Residents could challenge any decision by either jurisdiction through a  petition (100 signatures required) for a public referendum to overturn the decision. 

In other words, if the Town board voted against the formation of a special district, through a petition drive, the decision could be challenged by voters. Or if the board agreed to form a district, that decision could be challenged as well.

The same goes for the Village.

Barbeau speculated that if only the Town supported a special district and the Village didn't, it wouldn't be financially feasible for the ambulance service to continue; however, the district could successfully form if approved by the Village but not the town.

Even with the $40,000 from the Town, Le Roy Ambulance has been losing money, Barbeau said. It's his understanding that a big issue for the service is patients' failure to pay their bills. He said last year, Le Roy Ambulance had $75,000 in uncollected fees.

A lot of people, Barbeau said, get their insurance check after an ambulance ride and instead of paying their ambulance bill say, "oh, Christmas in July" and pocket the money.

"I think by November of this year a decision needs to be made (about the future of the ambulance service)," Barbeau said, "because the $40,000 is not going to be in the budget for the ambulance. Imagine what their deficits are going to be without it. So they're either going to have to start taxing in 2019 or start exhausting the assets that they do have."

There is a complex process to wind down a nonprofit, Barbeau said, so without a special district, Le Roy Ambulance would begin that process in 2019 until it discontinued service.

Barbeau is seeking clarification from Mercy EMS on what level of service it will provide Le Roy if Le Roy Ambulance closes. Right now, there is an agreement that ensures Mercy EMS is the backup service for the Town and Village. 

If Le Roy Ambulance closes, Mercy EMS would by default become the primary ambulance service at no cost to the Town of Village.

Previously, Mercy officials have indicated they would consider making Le Roy their base of operations for the eastern part of the county if Le Roy Ambulance shut down. Barbeau would like to confirm that suggestion.

"The issue has always been, for the town board -- response time," Barbeau said. "Le Roy Ambulance has a response time that averages less than five minutes. If they're out on a call, Mercy comes from Batavia. They have a response time that's just shy of 20 minutes, and that comes from years' worth of data. So the rationale behind our subsidy has been to keep that response time for folks knowing we still have Mercy as a backup."

Barbeau praised both services. He's had experience with both. Ambulances were called twice to his late father's house. In the first instance, Le Roy took three minutes to respond. In the second, Le Roy wasn't available and Mercy EMS responded from Batavia, which took 18 minutes.

In that case, he said, it wasn't life or death but for a person suffering a heart attack or stroke, those 15 minutes could be critical.

County Sales Tax
During the meeting Thursday, Barbeau also discussed his understanding of a new proposal from the County on how to divvy up the local share of sale tax revenue.

Before getting into what Barbeau said, some background:

Currently, local consumers pay 8 percent sales tax on qualifying purchases. The state takes 4 percent and 4 percent is supposed to stay in Genesee County. 

The county could keep that 4 percent to itself but has traditionally shared the revenue with the other municipalities in the county. If the County didn't share with the City, the City of Batavia could institute its own sales tax. The villages and towns don't have that option.

Under the current formula, the County keeps half of the local 4-percent share, or 2 percent of the sales tax. The City gets 16 percent. The remaining 34 percent is divided among the towns and villages, using a formula derived from the assessed value of properties in each jurisdiction.

It's Barbeau's understanding based on his conversations with other officials, including County Manager Jay Gsell, that the County and City are set to enter into a new agreement that would keep the City's share in the 16 percent range, but that amount could fluctuate depending on the amount of sales tax revenue flowing into the county. It would never be less than 14 percent and the City couldn't receive more than a 2-percent share of anything over the prior year's amount of sales tax.

The villages and towns are not included in the agreement. Instead, they would each be asked to sign identical revenue distribution agreements.

All of the agreements would last for 40 years.

For the villages and towns, their share of sales tax revenue would be capped at the absolute dollar amount of 2018, but their share could go down if sales tax revenue goes down.

There would be no adjustments for inflation.

Barbeau said it's his understanding of the county's perspective on the agreement is based on three factors:

  • The county is facing a state mandate to build a new, expensive jail. The bond on that jail will take 40 years to pay off.
  • The new "Raise the Age" law, which mandates new rules for criminal cases involving 16- and 17-year-olds, will also increase County expenses. The State will reimburse the County for those additional expenses but only if the County keeps its property tax levy below the tax cap level of 2 percent per year.
  • The County is also facing substantial infrastructure expenses, particularly for bridges and culverts.

The Town of Le Roy's anticipated share of sales tax revenue for 2019 is $722,000, or nearly 51 percent of the town's total revenue.

Elected representatives, including county officials, are expected to discuss the sales tax issue at the monthly Genesee Association of Municipalities (GAM) meeting Sept. 20 at 7 p.m. at County Building #2 on West Main Street Road in Batavia.

Law and Order: Mechanic Street, Elba, man accused of grand larceny using Batavia employer's credit card

By Billie Owens

Andrew Michael Pridmore, 34, of Mechanic Street, Elba, is charged with grand larceny with a credit card, petit larceny and criminal possession of stolen property -- a credit card. Pridmore was arrested at 11:48 a.m. on July 26 on Cedar Street in Batavia. He allegedly stole a credit card belonging to his employer and withdrew money from numerous ATMs throughout Genesee County on two different days. He was arraigned in Batavia City Court on Sept. 12 and released under supervision of Genesee Justice. He is due in City Court again on Sept. 26. Additional charges are pending in the towns of Le Roy and Pavilion. The case was investigated by Genesee County Sheriff's Investigator Joseph Loftus.

Patrick O. Spikes, 37, of South Swan Street, Batavia, is charged with third-degree assault -- with intent to cause physical harm, and criminal obstruction of breathing. He was arrested, arraigned and jailed on Sept. 9 following a domestic incident which occurred at 3 p.m. on Sept. 2 at an apartment on Hutchins Street in Batavia. He is due in City Court at a later date. The case was handled by Batavia Police Officer Marc Lawrence, assisted by Officer Stephen Quider.

Erica Bomberry, 38, of 18 Crittenden Way in the City of Rochester, is charged with one count of petit larceny, a Class A misdemeanor. She was arrested Sept. 10 by Le Roy Police Department following a four-month investigation. She is allegedly a member of a Rochester-based larceny ring. The investigation started on May 14 when a business on West Main Street in the Village reported a larceny in progress. The suspect vehicle was located by patrols; the alleged thieves fled, creating a short-lived police chase which was called off because of the dangers it posed. A follow-up investigation tracked the alleged thieves showing numerous similar cases both in the City of Rochester and in different towns in Monroe County. Eventually there was allegedly enough evidence to charge one member of the ring and an arrest warrant was issued. The investigation is ongoing. Bomberry was transported to the Le Roy Court from the Monroe County Correctional Facility for arraignment and put in Genesee County Jail. Bail was set at $1,000.

Christopher J. Parker, 29, of Morse Place, Batavia, is charged with criminal mischief. On Sept. 10, Parker was arrested for allegedly damaging property at another person's residence. The incident took place shortly after midnight on Sept. 8 on Thorpe Street in Batavia. He was jailed in lieu of $1,000 bail and is due in City Court on Sept. 18. The case was handled by Batavia Police Officer Catherine Mucha, assisted by Sgt. Dan Coffey.

Paulette M. Conley, 42, of Mill Street, Le Roy, is charged with DWI -- common law, no headlights, and DWI with a BAC of .08 percent or greater. She was arrested at 2:27 a.m. on Sept. 9 on Main Street in Batavia following a traffic stop. She was arrested, processed and is due in Batavia City Court on Sept. 26. The case was handled by Batavia Police Officer Mitchell Cowen, assisted by Officer Matthew Lutey.

Sasha M. McDuffie, 26, of 14th Street, Buffalo, was arrested at 7:14 p.m. on Sept. 11 on East Main Street in Batavia for speeding and driving with a suspended driver's license. Following a traffic stop, an investigation found McDuffie's license was suspended. She was arrested, processed, then posted bail and was released. She is due in City Court on Sept. 26. The case was handled by Batavia Police Officer Nicole McGinnis.

Tyrone L. Richardson, 43, of Brooklyn Avenue, Batavia, was arrested on Sept. 10 on a bench warrant out of Batavia City Court. He posted bail and was due in City Court on Sept. 11. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Nicole McGinnis.

James E. Murray Jr., 29, of North Spruce Street, Batavia, was arrested on Sept. 8 on an arrest warrant out of Batavia City Court. He allegedly failed to appear in court after being issued an appearance ticket to be there on Aug. 28. He was due back in City Court on Sept. 10. The case was handled by Batavia Police Officer Mitchell Cowen.

Justin T. Gladney, 29, or North Spruce Street, Batavia, was located and arrested on East Main Street in Batavia after police were called to the area for an unrelated matter. He was found to have an active bench warrant out of Batavia City Court and was arrested on Aug. 10. He was due back in City Court on Sept. 11. The case was handled by Batavia Police Officer Nicole McGinnis, assisted by Officer Matthew Lutey.

GOP has apparently found a way to replace Chris Collins on NY-27 ballot

By Howard B. Owens

The GOP chairs in the NY-27 will apparently meet soon now that a way has been found to remove the name of Chris Collins from the ballot in the race for the NY-27 congressional seat.

Collins dropped out of the race after being arrested Aug. 3 for alleged insider trading. He is charged with securities fraud, wire fraud, and lying to the FBI.

Dick Siebert, the Genesee County chair for the GOP, said he can't disclose any details and that he doesn't even know all of the details.

"I received a call from a source in Erie County and was led to believe that we will get Collins' name off the ballot with the opportunity to replace him with another candidate," Siebert said.

Siebert doesn't know yet when the GOP chairs will meet to discuss this latest development or pick a replacement candidate.

Both the Democrats and the Reform Party have candidates in the race. Nate McMurray, the Democrat, has issued statements blasting the Republicans for any attempt to remove Collins from the ballot and Larry Piegza has issued statements arguing he is the logical pick for the GOP chairs since he's a Trump supporter. Piegza has expressed frustration that none of the GOP chairs will even return his calls.

There are at least eight people vying for the GOP selection, including Batavia's own Steve Hawley, whom Siebert said he favors.

Whatever scheme the Republicans use to remove Collins from the ballot, the Democrats have vowed to fight it in the courts.

Zambito reaffirms high bail for woman charged in fatal hit-and-run, cites significant flight risk

By Howard B. Owens

A woman accused of driving drunk, fatally hitting an 18-year-old on Sumner Road in Darien, fleeing the scene, and not telling police about it later when she was arrested after nearly striking a Sheriff's patrol vehicle, was in court today with a pair of new, sharply dressed attorneys from Buffalo.

Frank LoTempio tried to convince Judge Charles Zambito, that his client, Jennifer L. Serrano, 48, of Charles Street, Irving, should get her bail reduced.

She was indicted by a grand jury this week on second-degree vehicular manslaughter, leaving the scene of an accident that resulted in death, DWI, and aggravated unlicensed operation. She faces a prison term of up to 14 years.

She came into court shackled and in a tan Niagara County Jail jumpsuit, still in custody on $100,000 cash bail or $200,000 bond.

LoTempio argued that Serrano has strong local ties. He said she owns a home in Irving that is worth $115,000 and she has $30,000 equity in the property, that she owns her own business -- Jenny Marketing Group -- and has four significant clients, and that she has joint custody of her three children -- ages 12 through 21.

"She's very involved in their lives and she's a very good mother," LoTempio said.

While she has suffered from depression, LoTempio said he and co-attorney Jack Sanchez had met with her and felt she had no current mental health issues. He said her depression stemmed from her divorce a year and a half ago.

She also has no prior criminal record.

"I feel cash bail of $25,000 to $40,000 is reasonable," LoTempio said.

Zambito heard these same arguments the last time Serrano appeared in court but District Attorney Lawrence Friedman said he felt it necessary to address the counter-argument to LoTempio's assertions.

While Serrano claims to own a house in Irving, there's no proof of its value or her equity in it, and she says if she's out of jail, she's going to live with her sister in Amherst. Also, she claims to own a business but Friedman has seen no documentation to prove that she does. 

As for her children, "According to our investigation, we're told they are estranged from her," Friedman said.

He also said he doesn't believe her attorneys are qualified to assess her mental health. 

As for the crime itself, Friedman said, she's accused of killing Connor Lynskey, of Hinckley, on Sumner Road, on Aug. 11, and fleeing the scene. Lynskey's body landed in a ditch and he wasn't found until the following day. About 30 minutes later, Serrano's vehicle was stopped after she nearly struck a patrol vehicle on Route 77 and she was charged with DWI. Friedman said Serrano went through the arrest process, through court, through booking at the jail, and she never said a word to anybody that she might have struck a pedestrian. 

At that time, police didn't know Lynskey had been struck by a car but he had been reported missing.

As Friedman completed this narration of events, Lynskey's mother, sitting in the first row of the gallery with a box of tissues her hands, began to sob.

Friedman also pointed out that Serrano went back to her car after being released from custody and drove to Amherst. He said his office has reason to believe she was still intoxicated at that time and she certainly knew her driver's license had just been revoked but she drove anyway.

"I don't understand how defense counsel can say she is not a flight risk," Friedman said. "She's already fled. Now she's been indicted and has even more reason to flee."

Zambito, in denying her bail reduction, cited many of the reasons Friedman just shared -- she left the scene and she didn't notify law enforcement even while in custody, and that her flight risk was a "significant concern."

Serrano is due in court again at 1:30 p.m., Nov. 15, when attorneys will address any motions filed in the case.

Bob Boyce named Le Royan of the Year

By Howard B. Owens

Press  release:

Botts-Fiorito Post #576, American Legion, Le Roy, would like to announce with great pride and pleasure Robert Boyce as its selection for the 2018 “LeRoyan of the Year Award.”

Robert, or “Bob” as he is known to most, was born in Hamburg and graduated from Hamburg High School. Upon completion of high school, he joined the Army and served in Korea, after which he was honorably discharged. He then continued his education at The University of Buffalo.

Bob came to Le Roy with his family in 1968 to join the Ernest Townsend & Son Insurance Agency, now known as Tompkins Insurance Agencies. He and his wife, Beth, have three children, daughters Ann (Alan) Nordyke, and Tracey (Jim) Carter, and son David Boyce. They also have six grandchildren.

Bob immediately became active in the community by first joining the Le Roy Jaycees. Today, he continues service with the Le Roy Rotary Club, where he has been active for 45 years and served as president in 1975. The R.E.A. Milne Scholarship arm of the Rotary is of special interest to him.

He was president of the Genesee Community College Foundation for three years, was appointed a trustee of GCC by the Genesee County Legislature in 2014, and presently serves as vice-chairman on the Le Roy Republican Committee. Bob is also one of two trustees of Our Lady of Mercy Catholic Church.

Bob has also been a member of the board of the Le Roy Ambulance Service for 27 years and has been president for the past 13 years. One of his goals for the ambulance service is to make sure it continues to be a viable service in our community with quality pre-hospital care.

To honor Bob, the 50th annual LeRoyan of the Year Award Dinner will be held on Oct. 6. Social hour is at 6 p.m. with dinner served at 6:45 p.m., at the American Legion at 53 W. Main St., Le Roy.  Tickets are available at the American Legion or at Mickel’s Nickels at 80 Lake St. Le Roy. Cost is $25 per ticket.

Grand Jury: Woman indicted for vehicular manslaughter, man was killed on Sumner Road Aug. 11

By Billie Owens

Jennifer L. Serrano is indicted for second-degree vehicular manslaughter, a Class D felony. It is alleged that on Aug. 11 on Sumner Road in the Town of Darien that she caused the death of a male, and she drove a 2014 Jeep in violation of the law, and as a result of intoxication or impairment by use of a drug or the combined influence of drugs or alcohol, drove the Jeep in a manner that cause the death of a person. In count two, she is accused of leaving the scene of an accident with reporting it, a Class D felony, and the personal injury involved resulted in death. In count three, she is accused of driving while intoxicated, as a misdemeanor, for driving on Sumner Road and on state Route 77 on Aug. 11 in Darien while intoxicated. In count four, she is accused of aggravated unlicensed operation of a motor vehicle in the second degree, a misdemeanor. It is alleged in count four that she drove that day while knowing, or having reason to know, that her driver's license in New York was suspended, revoked or otherwise withdrawn by authorities; and the revocation was based on a refusal to submit to a chemical test, in violation of vehicle and traffic law.

Ralph E. Stevenson is indicted for the crime of failure to verify as a sex offender, a Class E felony. It is alleged that this convicted Level 3 sex offender, in the Town of Bergen, on Jan. 26 failed to provide a current photograph of himself in the manner and within the time periods provided by law.

Jessie P. Polito AKA Jesse P. Polito is indicted for the crime of fourth-degree grand larceny, a Class E felony. It is alleged that on Oct. 8 in the Town of Le Roy that the defendant stole property -- a Capital One Mastercard. In counts two and three, he is accused of the same crime for allegedly stealing a second Mastercard and a Le Roy Federal Credit Union card, respectively. In count four, he is accused of petit larceny, a Class A misdemeanor, for stealing property.

Law and Order: Pair of DWI arrests announced

By Howard B. Owens

Shawn Michael Walburn, 45, of East Main Street Road, Le Roy, is charged with: DWI; driving while ability impaired with alcohol; driving without a vehicle inspection; and speeding. Walburn was stopped at 3:07 a.m. Sunday on Main Road, Stafford, by Deputy Andrew Mullen.

Ryan Brent Callison, 41, of 14th Street, Zimmerman, Minn., is charged with: DWI; driving with a BAC of .08 or greater;and failure to yield right of way. Callison was stopped at 9:39 p.m. Monday on Main Street Road, Batavia, by Deputy Howard Wilson.

Karen M. Gath, 57, of Rochester, is charged with conspiracy, 6th, and petit larceny. Gath was arrested by State Police and ordered held on bail for an incident in the Town of Batavia. No further details released.

Jacob R. Lorek, 24, of Rochester, is charged with two counts of unlawful possession of marijuana and speeding. Lorek was stopped by State Police at 6:04 p.m. Thursday on Route 19, Bergen.

Stevie R. Marshall-Carter, 20, of Rochester, is charged with unlawful possession of marijuana. Marshall-Carter was stopped on Route 33, Bergen, by State Police.

Dale J. Wissinger, 38, of Oakfield, is charged with assault; 3rd; and criminal mischief. Wissinger was arrested by State Police on charges related to an incident reported at 1:47 a.m. Saturday and ordered held on bail. No further details released.

Le Roy increases law enforcement protection at both school locations

By Howard B. Owens

A new arrangement this year between the Village of Le Roy and the Le Roy Central School District will ensure both Wolcott Street School and Le Roy MS/HS will have a nearly constant law enforcement presence.

The arrangement is possible with the retirement of Officer Eric Miller, who was the School Resource Officer at the high school, splitting some time with Wolcott, since 2003, and a change in state law that allows Miller to now become an employee of the district to perform the same duties, and the willingness of the Village to continue to partially fund an SRO position.

The state has created a classification of school employees known as "special patrol officers." These are former law enforcement officers who remain qualified to perform the duties of an officer.

In Miller's case, not only is he still qualified, he has returned to Le Roy PD as a part-time officer, which will help him maintain his qualifications.

While Miller is at the high school, Le Roy PD has assigned two part-time officers to rotate coverage, one week on, one week off, at the elementary school.

"I think when we looked at what the county proposed, though we were interested in that idea, we felt that getting coverage in both buildings was non-negotiable," said Superintendent Merritt Holly. "I think the setup that we have here provides us with the opportunity to have an armed police officer in this building and a special patrol officer in the other building, so it gives us now the coverage that we're looking for."

His SRO position was created in 2003 shortly after Columbine (the April 1999 high school massacre in Jefferson County, Colo.) and he served both campuses.

His job, both as an SRO and as it's defined now, isn't just to provide security for the school. It's a job that involves getting to know students, assist them where he can, and providing information about school and personal safety.

Chief Chris Hayward said the new state law helps make the situation more flexible.

"I'm not a one of those who believes that in order to keep our kids safe there have to be uniformed police officers," Hayward said. "Do I believe that it should be someone like Eric who has that experience and has that training? Absolutely. But I don't think that it has to be an active police officer because there are requirements of Eric. Even if he hadn't been hired back by us, there are still those requirements where he has to go to the annual training with firearms, use of deadly physical force etc., so there still those safeguards, for want of a better term, in place to make sure that they're maintaining that level of training to respond in an appropriate manner."

Photo: Eric Miller, Tim McArdle, middle school and high school principal, Carol Messura, Wolcott principal, and Officer Heath Mattingly, one of two part-time officers assigned to Wolcott.

Law and Order: Myrtle Street man arrested after dine-and-dash complaint on Lake Street in Le Roy

By Billie Owens

Todd A. Gailie Jr., 27, of Myrtle Street, Le Roy was arrested on Sept. 7th by the Le Roy Police Department for petit larceny and obstructing governmental administration in the second degree, Class A misdemeanors. Le Roy Police Department responded to a business on Lake Street in the Village after receiving a complaint of a male allegedly leaving a restaurant without paying for food and drinks that he consumed. Upon arrival, the patrols located Gailie on the railroad tracks in the area and when the patrol confronted Gailie, he allegedly ran from officers. After a brief foot chase Gailie was taken into custody. Gailie was arraigned and put in Genesee County Jail in lieu of $1,500 cash or $3,000 bond. Gailie is to return to Le Roy Town Court on Sept. 20th.

Roy A. Watson Jr., 29, of Porter Avenue, Batavia, is charged with having two unlicensed dogs. He was arrested at 9:35 a.m. on Sept. 4 at 24 Porter Ave. following an investigation into a complaint that his dogs were unlicensed. He was issued an appearance ticket for City Court and is due there Sept. 18. The case was handled by Batavia Police Officer Stephen Cronmiller, assisted by Officer James Sheflin.

Marissa Eve Michaels-Connors, 26, of LaSalle Avenue, Buffalo, is charged with: first-degree aggravated unlicensed operation of a motor vehicle; DWI, first; operating a vehicle while using a cell phone; refusal to take breath test; and moving from lane unsafely. She was arrested at 5:09 p.m. on Sept. 9 on Vallance Road in Le Roy after a one-vehicle accident in which her vehicle struck a guard rail. It is alleged that she was driving while intoxicated and that she drove while her license was suspended for alcohol-related circumstances. She was jailed in lieu of $1,500 cash or $3,000 bond. The case was handled by Genesee County Sheriff's Deputy Howard Wilson.

Matthew Vincent Pragel, 23, of Forest Hill Drive, Williamsville, is charged with: operating a motor vehicle while impaired by drugs; driving while ability impaired -- combined influence of drugs; unlawful possession of marijuana; and moving from lane unsafely. At 10:30 p.m. on Sept. 4 on Bloomingdale Road in the Tonawanda Indian Reservation, Pragel was arrested after an investigation of a single-vehicle accident. He is to appear in Alabama Town Court at a later date. The case was handled by Genesee County Sheriff's Deputy Travis DeMuth.

Adam Robyn Chaddock, 31, of Virginia Manor Road, Rochester, is charged with: DWI; DWI with a BAC of .08 percent or higher; failure to keep right. Chaddock was arrested at 10:46 p.m. on Sept. 9 on Clinton Street Road in Stafford following a traffic stop. He was issued an appearance ticket and is due in Stafford Town Court on Oct. 19. The case was handled by Genesee County Sheriff's Deputy Mathew Clor, assisted by Deputy Andrew Mullen.

Giancarlo A. Miranda, 20, of West Saile Drive, Batavia, is charged with possession of a dangerous weapon on county property. At 2:32 p.m. on Sept. 4, Miranda was arrested for allegedly possessing a knife while entering the Genesee County Probation Building. He was issued an appearance ticket for City Court and is due there Sept. 11. The case was handled by Batavia Police Officer Catherine Mucha, assisted by Officer Chad Richards.

Ian Kyle Leblanc Chatt, 33, of Hart Street, Batavia, is charged with: petit larceny; criminal possession of a controlled substance in the seventh degree; criminal possession of a hypodermic instrument; criminal use of drug paraphernalia; and sixth-degree conspiracy. Le Blanc Chatt was arrested at 1:59 p.m. on Sept. 7 following a larceny complaint at Walmart in Batavia. It is alleged that he walked past the point of sale with an 18-ounce can of Rain X. He was arrested and released with an appearance ticket for Town of Batavia Court on Sept. 20. The case was handled by Genesee County Sheriff's Deputy Andrew Hale, assisted by Deputy Lonnie Nati.

Brandon James March, 33, of South Main Street, Batavia, is charged with: criminal possession of a controlled substance in the seventh degree; possession of a hypodermic instrument; criminal use of drug paraphernalia; and sixth-degree conspiracy. March was arrested at 1:59 p.m. on Sept. 7 following a larceny complaint at Walmart in Batavia. March allegedly conspired with another person to steal property and was found in possession of a controlled substance and drug paraphernalia. He was arrested and released with an appearance ticket for Town of Batavia Court on Sept. 20. The case was handled by Genesee County Sheriff's Deputy Travis DeMuth, assisted by Deputy Andrew Hale.

Batavia native, longtime corporate executive named Uber's first global chief marketing officer

By Billie Owens

Press release:

Uber today announced that Batavia native Rebecca Messina will join the company’s executive leadership team as global Chief Marketing Officer.

As Uber’s first-ever CMO, Messina will bring together Uber’s marketing teams around the world, building a global marketing organization that can support the company’s growth going forward.

“Rebecca brings deep experience in building global brands, and she’ll be a terrific leader for Uber’s marketing teams around the world,” said Barney Harford, Uber’s Chief Operating Officer. “We’re excited to learn from her as we work to make Uber one of the world’s most valuable brands, supported by cutting-edge marketing systems.”

“Joining Uber is a once in a lifetime opportunity and a true privilege. My focus has always been on three things: people, growth and brands,” Messina said. “Uber checks all three boxes: a rapidly growing global business, with the opportunity to build an iconic brand alongside a team that’s committed to transforming the future of mobility. I couldn’t be more excited about what lies ahead.”

“I’m thrilled to welcome Rebecca to Uber. She’s exactly the right leader to build our marketing efforts globally and to showcase the ways Uber is igniting opportunities for our customers around the world,” said Dara Khosrowshahi, Uber’s CEO. “Very few brands become verbs; for Uber to have achieved this shows how we’ve captured imaginations and become an important part of our customers’ lives. I’m excited to bring on Rebecca as a steward for our brand moving forward.”

Messina joins Uber from Beam Suntory, the world's third largest premium spirits company, where she has served as global Chief Marketing Officer since 2016. Prior to Beam Suntory, she spent 22 years at The Coca-Cola Company, where she most recently served as Senior Vice President, Marketing & Innovation for Ventures & Emerging Brands. Previously she served in a number of different marketing leadership roles across the company, both in the United States and internationally.

Messina currently serves on the boards of the Mobile Marketing Association (MMA) and the Ad Council, and has also served on the National Board of Directors of the American Marketing Association (AMA), the Georgia State Marketing Roundtable and the Atlanta Executive Board of the AMA.

She holds a bachelor’s degree from Miami University (Oxford, Ohio). The Batavia High School alumna speaks English, Spanish, Italian and French. She is married, with two children, and currently lives in Chicago.

Shooting at murder scene was to protect other people, defense attorney suggests during hearing

By Howard B. Owens
Jennifer K. Urvizu-Hanlon

The police surveillance video of Central Avenue, Batavia, the night of May 17, when Nathaniel D. Wilson Jr., murdered Terry J. Toote with a knife, shows that Wilson was a threat to harm other people in the area, according to an attorney for Jennifer K. Urvizu-Hanlon.

Urvizu-Hanlon, former owner of La Mexicana store on East Main Street, is charged with criminal liability for conduct of another/criminal possession of a weapon, 2nd. She is accused of giving a handgun, which she was permitted to carry, to Samuel R. Blackshear, a 17-year-old who is accused of shooting Wilson.

"This individual was trying to keep the other individual from stabbing other people, which I believe is legally justifiable," said attorney Christian Kennedy.

Today's County Court appearance for Urvizu-Hanlon was a hearing related to motions filed by both the defense and the prosecution with arguments for further hearings in the case.

Kennedy revealed his theory of the case while arguing that the prosecution needs to turn over to him a list of witnesses along with any statements they made to police and reports generated from witness statements.

Under the rules of evidence, the defense isn't automatically entitled to this material. There are rules regarding "discovery," or evidence the people must turn over, and then what is known as "Brady material" (the name comes from a precedent-setting case dealing with evidence). Brady materials are statements and reports that the defense believes may contain information that would support a defendant's claim of innocence. 

Kennedy argued that given the number of witnesses, the statements he believes the police collected (there's no information available to indicate such statements were obtained) would almost certainly contain contradictory views of events, which then would almost certainly be Brady material. And if all the statements agree, he said, that might indicate the police relied on a single witness statement, which under the circumstances, could be used by the defense to demonstrate a problem with the investigation.

Either way, Kennedy argued, it's Brady material.

Judge Charles Zambito pressed him for more definitive information that would indicate Kennedy knew there was information in the material favorable to his client, and Kennedy said he couldn't know that without seeing the material but that in Monroe County the material is always provided to the defense for the reasons he outlined.

Zambito said he would review the material to determine if it contains information favorable to the defense and turn it over if necessary.

During the discussion in court today, it was suggested that Urvizu-Hanlon had said to Kennedy that she gave the gun to Blackshear to protect others. Kennedy corrected the statement, saying that he hadn't indicated one way or the other what his client may have said to him. He was stating, he said, that the video itself indicated Wilson was threatening others at the scene.

He said while the video clearly shows events on Central Avenue that night, it is too grainy to help the defense identify witnesses.

Blackshear is charged with: attempted murder, 2nd; attempted assault, 1st; assault, 2nd; and two counts of criminal possession of a weapon, 2nd.

Urvizu-Hanlon, 48, apparently made statements to police after being read her Miranda warnings. A hearing on whether the proper procedures were followed by police will be held at 3 p.m., Oct. 19.

He's also seeking a probable cause hearing, arguing his client was arrested May 18 without a warrant, so he wants to probe whether police had at that point probable cause to take her into custody. Zambito is reviewing that request.

The 31-year-old Wilson entered a guilty plea to murder in the second degree Aug 20. 

At his plea hearing, District Attorney Lawerence Friedman cited witness statements indicating Wilson approached the scene making statements that indicated he intended to "kill everybody." He then attacked Toote.

Several people then jumped on Wilson and Wilson continued to fight with them.

Wilson entered his guilty plea on an Alford basis, which means he didn't admit to facts of the case, only that he would likely be found guilty if the case went to trial, so he was, therefore, accepting a plea deal more favorable than what he might receive if found guilty by a jury.

He faces a possible prison term of 20 years to life.

Muckdogs seem unlikely candidate to fill baseball vacancy in Pawtucket

By Howard B. Owens

Pawtucket, R.I., doesn't look like a good bet for a future home of the Batavia Muckdogs franchise according to a report in the Providence Journal.

A PawSox spokesperson said Thursday the organization has no current plans to acquire any other baseball franchises and move them to the city as a sort of parting gift. Franchise Chairman Larry Lucchino and President Charles Steinberg are focused on building a 10,000-seat stadium in Worcester’s Canal District and redeveloping the surrounding area. 

The Pawtucket mayor's office also told the Journal that no ownership group has contacted the city about using McCoy Stadium once it's vacant in 2021.

And if another owner wanted to bring a team into McCoy, they would face substantial renovation costs for the aging complex.

The cracking concrete and widespread leaking ceilings and floors are among the issues faced by any tenants, as the stadium wrapped up its 77th season of baseball earlier this week. Renovation costs would run into the millions of dollars, and the day-to-day costs of maintaining the playing surface and surrounding grounds run into the hundreds of thousands of dollars.

As previously reported by The Batavian, there would also be territorial agreements to overcome in Pawtucket, which is Red Sox territory. The Red Sox currently have an affiliate to Lowell and if the Muckdogs moved to Pawtucket, Lowell would have to move, putting the New York-Penn League in the same bind it has with Batavia -- where to locate the team that doesn't run afoul of territory restrictions and has a baseball-ready facility.

Law and Order: Pair of females accused of brawling in the wee hours at Williams Park, woman arrested after dog-bite incident on Central Avenue

By Billie Owens

Dakota R. White, 20, of Central Avenue, Batavia, and Meghan B. Blodgett, 22, of Soccio Street, Batavia, were both arrested at 3:20 a.m. on Aug. 27 at Williams Park at 101 Pearl St. in the City of Batavia. Batavia police were called there for subjects in a physical altercation. After an investigation, the defendants were arrested for a Batavia Municipal Code violation -- In Park After Hours ( 10 p.m. to 7 a.m.). They were released with appearance tickets and were due in City Court on Aug. 28. The case was handled by Batavia Police Officer Nicole McGinnis, assisted by Officer Arick Perkins.

Stefanie M. Lawlis, 35, of Central Avenue, Batavia, is charged with having a dog running at large, having an unlicensed dog and having an unvaccinated dog. She was arrested at 7:20 p.m. on Aug. 22 on Central Avenue in Batavia following an animal bite complaint. She was issued an appearance ticket for City Court and was due there Sept. 4. The case was handled by Batavia Police Officer Stephen Cronmiller.

David J. Barton, 54, of Ellicott Street, Batavia, is charged with forcible touching. At 5:15 p.m. on Aug. 28, Barton was arrested Batavia police following a complaint that Barton allegedly touched a female companion inappropriately with her consent. He was issued an appearance ticket and was due in City Court Sept. 4. The case was handled by Batavia Police Officer Arick Perkins.

Aaron L. Klein, 47, of Montclair Avenue, Batavia was arrested at 10:08 p.m. on Aug. 26 after a traffic stop on Monclair Avenue, where it was found the he was driving on a suspended license. It was also found that he was in violation of an ignition interlock device restriction and he allegedly had an open container of alcohol in the vehicle. He was issued tickets and is due in City Court on Sept. 12. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Sgt. Dan Coffey.

Jeffery C. Rogers, 33, of Old Washington Pike, Knoxville, Tenn., was arrested at 7:56 p.m. on Aug. 25 on West Main Street Road in Batavia following an investigation into a possible hit-and-run accident. He is charged with DWI; aggravated DWI; aggravated unlicensed operation of a motor vehicle in the third degree; unlicensed operation of a motor vehicle; speeding; and unlawful possession of maijuana. He was jailed in lieu of $2,500 bail or bond and was due in City Court on Aug. 27. The case was handled by Batavia Police Officer Peter Flanagan, assisted by Officer Mitchell Cowen.

Derek Elijah Wilcox, 30, of Congress Avenue, Rochester, is charged with seventh-degree criminal possession of  controlled substance. The arrest was made at 9:55 p.m. on Aug. 23 on Ellicott Street in Batavia following the investigation into a suspicious vehicle where Wilcox was allegedly found to possess crack cocaine. He was due in City Court Aug. 28 to answer the charge. The case was investigated by Batavia Police Officer Christopher Lindsay.

Noah Charles Stiles, 18, of Westcott Road, Medina, is charged with petit larceny. He was arrested at 5:30 p.m. on Aug. 27 on South Main Street in Batavia after it was determined he allegedly stole several items from a house. He was issued an appearance ticket and is due in City Court on Sept. 11. The case was handled by Batavia Police Officer Matthew Wojtaszczyk, assisted by Officer Christopher Lindsay.

A 16-year-old male lives in the City of Batavia was arrested at 8:30 p.m. on Aug. 18 after he allegedly stole an iPhone was another person. The incident occurred on Lewis Place, Batavia. He was processed and released with a ticket to appear in City Court on Aug. 28. The case was handled by Batavia Police Officer Mitchell Cowen.

Bailey M. Burns, of Prospect Street, Attica, was arrested on a bench warrant on Aug. 23 after he failed to appear at the Genesee County Jail for his sentenced weekend incarceration. He was jailed in lieu of $2,000 bail or bond and was due back in City Court on Aug. 24. The case was handled by Batavia Police Officer Catherine Mucha, assisted by Officer Jason Davis.

Bleyke Z. Culver, 22, of Walnut Street, Batavia, was arrested on Aug. 16 on a bench warrant out of City Court for failing to appear on a charge was second-degree criminal contempt. He was jailed in lieu of $1,500 bail or bond and is due in City Court on Sept. 13. The case was handled by Batavia Police Officer Catherine Mucha, assisted by Officer Jason Davis.

House Ethics Committee to investigate Chris Collins

By Howard B. Owens

The House Ethics Committee has announced it will convene a special panel to investigate Rep. Chris Collins and his alleged insider trading activities as a member of Congress.

The investigation will be led by Rep. Mimi Walters, a Republican from California but will not begin until federal criminal proceedings against Collins have run their course.

Collins was arrested Aug. 3 and accused of securities fraud, wire fraud, and lying to the FBI.

The Erie County businessman is accused of calling his son, Cameron Collins, with a stock tip after receiving word, as a member of the board of Innate Innate Immunotherapeutics, that a drug under development to treat secondary multiple sclerosis had failed a key clinical trial.

After receiving the call, according to Federal documents, Cameron began selling his holdings in Innate after receiving the call but before the news of the failed trail had been released to the public, as well as calling other friends and family to share the news with them. As a result, the group of stockholders reportedly sold off more than 1.4 million shares of stock.

According to House rules, the Ethics Committee must open an investigation anytime a member of Congress is arrested. Politico reported its unusual for the committee, which is controlled by Republicans, to announce an investigation so close to mid-term elections.

The committee will also investigate Rep. Duncan Hunter, a Republican representing Eastern San Diego County, including El Cajon. Hunter is accused, like his father, who held the same seat for 21 years prior to his son, of using campaign funds for personal expenses. Collins and Hunter where the first two members of Congress to endorse Donald Trump during the GOP primaries.

Officers making DWI arrests but less fine money reaching STOP-DWI program

By Howard B. Owens

A year ago, Assistant County Manager Matt Landers really wasn't sure why DWI the number of arrests were down for the first part of 2017 but it was a countywide trend.

It's still not clear why arrests took a dip for more than six months but an interesting thing happened after a report was published about the dip -- the number of DWI arrests reported increased. The trend has continued in 2018, Landers said.

Yesterday, like last year, Landers, who is the STOP-DWI coordinator for the county, delivered his annual report on the program to the County Legislature's Ways and Means Committee.

The problem the program is facing this year is -- despite holding steady on the total number of arrests -- revenue is down for the program.

STOP-DWI is funded through fines imposed on convicted drunken drivers. Landers said he doesn't know if revenue is down because collections are down or if justices are imposing smaller fines.

With the drop in revenue, Landers is proposing a budget for 2019 that spends 40 percent less than 2018, though there will be no cuts to the amount spent on enforcement.

The STOP-DWI program provides funds to participating local law enforcement agencies for extra patrols focused entirely on DWI detection.

The $25,000 reduction in spending will mean some expenses, such as a portion of Lander's salary, will likely be shifted to the general fund.

Members of the committee said they recognized there is still a need for the program, which also assists in detecting and arresting people driving under the influence of drugs, which is a growing problem, even though there are probably fewer drunks on the road these days.

"It is better than the '80s and '90s but there’s still a need for the program," Landers agreed. "it’s a successful program."

City and County hammer out new agreement to share local sales tax

By Howard B. Owens

The County and City have reached a new 40-year agreement to share the distribution of local sales tax, pending approvals by the NYS Comptroller's Office, the County Legislature and the City Council.

The agreement establishes a formula for sharing from 14 to 16 percent of local sales tax with the city.

The towns and villages in the county will be bound by the agreement but do not get a vote on the plan.

County Manager Jay Gsell said the other municipalities will receive a share calculated similar to the city's share but based on what they receive in 2018.

If approved, the new agreement takes effect Jan. 1.

Currently, the county collects a 4-percent sales tax. That would continue under this agreement. The state collects 4 percent, making the local sales tax 8 percent.

The Batavia City Council will be asked to vote on the new agreement at Monday's meeting. The Count Legislature will vote next Monday.

Gsell said he expects to hear by tomorrow if the attorneys in the Comptroller's Office will recommend approval to their boss, Tom DiNapoli. Gsell said if the attorneys recommend approval, DiNapoli will likely approve the agreement.

The City and County have been negotiating the new agreement for more than a year. A committee that included city and county staff leadership and elected officials from both bodies participated in the discussions.

While towns and villages don't get to participate directly in the agreement, the City and County need to work out a deal because, under state law, the City has the ability to levy its own sales tax.

As part of the agreement, the City agrees not to institute its own sales tax.

Grand Jury: Man indicted for first-degree sexual abuse of Bergen girl, Stafford boy

By Billie Owens

Colin R. Wickings is indicted for first-degree sexual abuse, a Class D violent felony. It is alleged in count one that in late June or early July, 2016, in the Town of Bergen, that Wickings subjected a 9-year-old female to sexual contact. In count two, he is accused of the same crime for allegedly subjecting the girl to sexual contact by forcible compulsion. In count three, he is accused of endangering the welfare of a child, a Class A misdemeanor, for acting in a manner likely to be injurious to the physical, mental or moral welfare of a child less than 17. In count four, he is accused of first-degree sexual abuse for allegedly subjecting a 6-year-old male to sexual contact on Sept. 16 in the Town of Stafford. In count five, Wickings is accused of endangering the welfare of a child for acting in a manner likely to be injurious to the 6-year-old male.

Walter B. Hale Jr. is indicted for the crime of driving while intoxicated, as a Class D felony. It is alleged that on May 15 in the City of Batavia that Hale rode a 1984 Kawasaki on various public highways while intoxicated. In count two, he is accused of aggravated driving while intoxicated, as a Class E felony, for allegedly doing so while a child age 15 or less was a passenger. In count three, the defendant is accused of the crime of circumvention of an interlock device, a Class A misdemeanor, for operating a motorcycle not equipped with an ignition interlock device, which he was court-ordered to have. In count four, he is accused of reckless driving, as a misdemeanor. It is alleged in count four that he rode the Kawasaki in a manner that unreasonably interfered with the free and proper use of a public highway -- while intoxicated, traveling at a high rate of speed, failing to yield to an emergency vehicle, failing to stop at a number of stop signs, all while a child age 15 or less was a passenger. In count five, he is accused of endangering the welfare of a child for allegedly knowingly acting in a manner likely to be injurious to the physical, mental or moral welfare of a child less than 17. In count six, Hale is indicted for the crime of aggravated unlicensed operation in the first degree, a Class E felony, for riding the motorcycle when he knew or should have known that his driver's license was suspended, revoke or otherwise withdrawn by authorities. In count seven, Hale is accused of the offense of speeding, for riding on Washington Avenue in the City of Batavia May 15 in excess of the maximum speed of 30 mph. In count eight, the defendant is accused of failing to stop at a stop sign at the intersection of Washington Avenue and State Street. In count nine, he is accused of failing to stop at the stop sign at Washington Avenue and Summit Street. In count 10, he is accused of failing to stop at the stop sign at Summit Street and North Street. In count 11, he is accused of failing to stop at the stop sign at Ross Street and North Street. In count 12, he is accused of failing to stop at the stop sign at North Street and Vine Street. In count 13, Hale is accused of failing to stop at the stop sign at Vine Street and East Avenue. In count 14, he is accused of failure to stop for an emergency vehicle. It is alleged in count 14, that while operating the 1984 Kawasaki on May 15, that Hale failure to yield the right of way to a City of Batavia police vehicle blaring its siren. In Special Information filed by the District Attorney, Hale is accused of having been convicted of the crime of aggravated DWI, as a Class E felony, on Nov. 28, 2012 in Genesee County Court; and DWI, as a Class E felony, on Sept. 18, 2008, and those convictions were within 10 years of the crimes alleged in the current indictment.

Jacob J. Szumigala is indicted for the crime of aggravated vehicular assault, a Class C felony. It is alleged that on April 18 on West Main Street in the Village of Corfu that Szumigala committed reckless driving by operating a 2008 Hyundai Sonata with North Carolina plates in a reckless manner. In so doing, he allegedly caused serious physical injury to another person. It is further alleged that he was intoxicated and had a BAC of .18 or more at the time. In count two, he is accused of first-degree vehicular assault, a Class D felony. It is alleged in count two that Szumigala caused serious physical injury to a person on West Main Street while having a BAC of .18 percent or more at the time. In count three, he is accused of second-degree assault, a Class D felony, for recklessly causing serious physical injury to a person by means of a dangerous instrument -- a motor vehicle. In count four, he is accused of aggravated DWI, per se, as a misdemeanor for allegedly driving the Sonata while having a BAC of .18 percent or more. In count five, he is accused of misdemeanor DWI, for allegedly driving while intoxicated on April 18. In count six, the defendant is accused of first-degree aggravated unlicensed operation of a motor vehicle, a Class E felony. It is alleged in count six that Szumigala drove while his driver's license was suspended, revoked or otherwise withdrawn by authorities, and he did so while under the influence of alcohol. In Special Information filed by the District Attorney, the defendant is accused of having been charged with aggravated driving while intoxicated, per se, as a misdemeanor, in Oakfield Town Court. The suspension referred to in count six was mandatory pending prosecution April 9, 2018, for the violation of Vehicle and Traffic Law in Oakfield and was still in effect when he drove without a license on April 18 in Corfu.

Domingo Gomez-Gomez is indicted for the crime of first-degree rape, a Class B violent felony. It is alleged that in the Town of Alexander on April 28 that Gomez-Gomez engaged in sexual intercourse with another person by forcible compulsion. In count two, he is accused of criminal possession of a forged instrument in the second degree, a Class D felony. It is alleged in count two that on May 4 in the Town of Alexander that he possessed a forged Social Security card with intent to defraud, deceive or injure another.

Jennifer A. Roskey is indicted for the crime of criminal possession of a weapon in the third degree, a Class D felony. It is alleged that on July 14 in the Town of Oakfield that Roskey possessed a dangerus knife or instrument -- a kitchen knife with an eight-inch blade, with intent to use it against another person. In count two, she is accused of second-degree menacing, a Class A misdemeanor, for allegedly intentionally placing a person in reasonable fear of physical injury, serious physical injury or death by displaying a deadly weapon or dangerous instrument. In count three, she is accused of endangering the welfare of a child, a Class A misdemeanor, for knowingly acting in a manner likely to be injurious to the physical, mental or moral welfare of a child less than 17 years old. In count five, Roskey is accused of second-degree reckless endangerment, a Class A misdemeanor. It is alleged in count four that on July 5 while in a private vehicle on the Thruway in Erie County, that she engaged in conduct which created a substantial risk of serious physical injury to another person. In counts five, six and seven, respectively, the defendant is accused of three more counts of endangering the welfare of a child, for acting in a manner likely to be injurious to the physical, mental or moral welfare of three children less than 17 while traveling on the Thruway July 5 from Genesee County to Erie County in a private vehicle. In Special Information filed by the District Attorney, Roskey is accused of having been convicted of aggravated DWI with a child passenger, a Class E felony, on Sept. 23, 2015 in Erie County Supreme Court, and this conviction forms the basis for count one in the current indictment.

Raymond J. Radley is indicted for the crime of first-degree criminal contempt, a Class E felony. It is alleged on in the first week of March in the City of Batavia that Radley violated a duly served Order of Protection by intentionally being in the presence of the protected party. In counts two through 10, he is accused of second-degree criminal contempt, a Class A misdemeanor. It is alleged in counts two through 10, respectively, that he contacted the protected party in violation of the court's Order of Protection, all in the Town of Le Roy: April 16 by telephone; April 16 by phone; May 8 by phone; May 9 by phone; May 14 by phone; May 16 by phone; May 7 via the website Plenty of Fish --- www. pof.com; first week of March, via Facebook Messenger/Video Chat; and last week of March, via Facebook Messenger/Video Chat. In Special Infomation filed by the District Attorney, Radley is accused of having been convicted of criminal contempt in the first degree, a Class E felony, on July 26, 2016, in Livingston County Court, and that conviction was for a violation of a stay away family offense order of protection and it was within five year previous to commission of the crime alleged in the current indictment,

Antonio M. McKinney is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on April 7 in the City of Batavia that McKinney drove a 2002 Mercedes-Benz in the Speedway parking lot at the intersection of routes 5 and 98 while intoxicated. In count two, he is accused of aggravated unlicensed operation in the first degree, also a Class E felony, for driving while his license was suspended, revoked or otherwise withdrawn by authorities. In Special Information filed by the District Attorney, McKinney is accused of having been convicted of DWI, as a misdemeanor, on Oct. 12, 2016 in the Buffalo City Court, Erie County, and the conviction was within 10 years of the crimes alleged in the current indictment.

Melanie M. Matesz is indicted for the crime of criminal possession of a forged instrument in the second degree, a Class D felony. It is alleged in counts one and two that on April 19 in the area of the Batavia City Court offices, located in the Genesee County Courts Facility, that she possessed a forged, fraudulent Order of Protection.

Jonathan E. Seiger is indicted for the crime of second-degree bail jumping, a Class E felony. It is alleged that Seiger was released from custody or allowed to remain at liberty, upon the condition that he would subsequently appear personally in Genesee County Court connection with a felony charge against him and that he failed to appear in court on Oct. 12 or voluntarily within 30 days thereafter.

Notre Dame aims to match school's standards redesign and upgrades

By Howard B. Owens

When students arrive at Notre Dame High School tomorrow, things are going to look at lot different, both inside and out of the building, plus there are a few upgrades not readily apparent. 

The front entrance of the school has gotten a makeover and the hallways, some classrooms, and the locker rooms have gotten new paint and new logos (new lockers for the boys' locker room as well).

There's also a new security system, new drainage on the roof, and new HVAC units to go with previously completed upgrades to the gym, the cafeteria and the kitchen (all new equipment).

The upgrades are the result of a capital campaign launched a few years ago. The school worked to raise $5 million, raised $4.2 million, and got busy sprucing things up and replacing what was worn out.

"We need the school to look just as good as what it produces," said Principal Wade Bianco. "We all -- the board, the leadership team -- we all think it’s important that the facility is at the same standard as the academics, at the same standards as the climate and culture, at the same standard as the athletic program. Every program here is top-notch but the building, because it’s some tough times financially, needed to be upgraded."

The most noticeable change, of course, is the main entry, which has a new, modernist design, befitting the 1960s-era facility, but with a blue and gold color scheme that is striking.

Two classrooms have been painted and recarpeted with all new desks and chairs. The school is looking for more sponsors for classroom upgrades, at $10,000 each, which will include a plaque honoring the donor outside the classroom.

The school will open this year with 150 students. Enrollment is down at all schools but the goal for Notre Dame is still to attract 180 students. A Buffalo marketing company has been hired to help promote the private school.

Bianco said alumni and other donors really came through for the school, particularly Emmett and Antoinette Marchese Clancy, now California residents, but from the Class of 1970.

Originally, the school had looked at replacing the roof but school officials, he said, "sharpened their pencils" and figured out what parts of the roof needed to be repaired and upgraded and replaced the roof drainage system.

“If you’re going to fix the inside, your roof better be good because you don’t want water damage,” Bianco said.

The work was completed almost exclusively by local vendors.

"It’s been fantastic working with these people because they know our circumstances financially, so, as well as doing the work that needs to be done they’re also gracious to us," Bianco said. "They’re very kind to us, which is helpful as well."

In all, Bianco thinks the school got a lot done with the finances available.

"I think we’ve done a good job of maximizing funds with very little waste," he said.

The revamped kitchen.

The locker room for the Lady Irish.

There are 94 championship trophies on display in the cafeteria.

The weight room.

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