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A man convicted of two counts of first-degree child sex abuse and one count of second-degree child sex abuse is counting down the days until his release after three years of incarceration.

Storm U. Lang, now 21, was sexually involved with three different victims on multiple separate occasions in 2014 when he was 17 years old.

He subjected a 7-year-old to sexual contact in the Town of Alabama; a 12-year-old to sexual contact in the Town of Alabama; and a 5-year-old to sexual contact in the Town of Bethany.

The child molester was back in Genesee County Court on Monday for a Sex Offender Registration Act (SORA) hearing to determine his threat level, which must be made within 30 days prior to his release.

Where he plans to live when he gets out was not discussed yesterday. He will have to register as a sex offender for the rest of his life and will be under post-release supervision for a decade.

The state Board of Examiners of Sex Offenders evaluated this case and provided a risk-level recommendation to the court -- Level 3 -- which means there's a high risk of repeat offense and a threat to public safety exists.

There are also three designations that may be assigned to a Level 3 sex offender: sexual predator, sexually violent offender, or predicate sex offender.

After lengthy discussions in both the morning and afternoon sessions, Judge Charles Zambito determined Lang warranted a Level 3 designation and deemed he met the legal definition of a sexually violent offender.

In making a decision, a point-scoring mechanism known as Total Risk Factor Score is considered; there may also be a request by the defense for a "downward departure" of the overall "presumptive score," which seeks to reduce the designation level as recommended or assigned -- an "override."

The District Attorney's Office agreed with the Board of Examiners' recommendation, which considers such factors as to whether there was use of force, weapons, alcohol or drugs, victim's age, number of victims, assault upon or injury to a victim, and relationship to the victim.

Public defense attorney Lisa Kroemer took issue with the points accrued in scoring her client's risk level -- a "presumptive score of 125"; her aim was to reduce the point score and persuade the judge that Lang is a Level 2 sex offender.

In part, her argument hung on a typo brought to her attention by the people earlier that morning that cited a victim instead of the plural victims for one of the risk factors.

"I'm arguing that the concept of double counting applies; I don't think you can pick and choose," Kroemer said.

First Assistant District Attorney Melissa Cianfrini denied double counting, saying the score remains 125 even without the typo, because one victim -- a 12-year-old -- was asleep, and therefore defenseless, when the sexual conduct occurred.

Calling Kroemer's argument "baseless and unwarranted," Cianfrini further characterized her logic as "a distinction in search of a difference."

Zambito said no matter how you add it up, Lang earned a score of 125 by his counting, the Board of Examiner's counting, and that of the DA's Office.

The duration of Lang's admittedly ongoing behavior, though no physical violence was used, constitutes "a continuing course of sexual conduct," sexual contact -- over clothes in Lang's case, and the age of victims was factored, too. 

Moreover, the prisoner admitted to authorities in three different instances that he also had sexually abused a 4-year-old victim when he was a juvenile, which was not included in the accounting made in his risk assessment, according to the judge.

"He is a sexually violent offender, based on his conviction -- a risk Level 3," Zambito said.

The Board of Examiners report says Lang has pedophilia and an anxiety disorder.

In addition, a state clinician specializing in sex offenders reported: Lang's likelihood of sexual recidivism is (determined to be) moderate to high; he has multiple and enduring high-risk personality traits; emotional disorders; impaired judgment; and impulsivity, and an inability to control himself."

"He's a Level 3 all day long, whether by points, by upward departure or override," Zambito said.

The defense attorney cited case law (People v. Burgos) that states that psychological/organic abnormality and decreased ability to control sexual behavior must be demonstrated before an upward override -- from a Level 2 (sought by the defense) to a Level 3 (sought by the people) -- can be granted.

The judge asked, "Doesn't the evaluation say that?"

No, Kroemer argued, it assessed his sexual recidivism risk as moderate to high, but she said if her client received treatment, the recidivism risk "should go down."

Kroemer also questioned the credentials of the clinician who performed the mental health assessment.

Cianfrini assured the court that Forensic Mental Health Counseling of Western New York and its clinicians were skilled specialists in the area of evaluating sexual offenders.

Whether or not treatment might help Lang was not considered.

The clerk of the court read Lang the law pertaining to his SORA responsibilities. He has to provide a new photo every year, register wherever he lives within 10 days, and provide authorities with his email address(es), online screen names, etc.

Lang has 30 days to appeal Monday's court decision.

Dressed in a white shirt, tan pants, brown lace-up boots, a belt, Lang was shackled, hands and ankles; accompanied by two state guards wearing uniforms with light-blue shirts. He is about 5'11" and 200 pounds, pale skinned, with heavy brows and chin-length brown hair.

He said nothing until he blurted out before leaving court that he gets out in "40 days."

There are currently 46 Level 3 sex offenders living in Genesee County, and a total of 186 convicted sex offenders at all levels reside here.

The man in these photos is wanted for questioning in an incident at Red Osier Landmark Restaurant in Stafford yesterday at about 1:50 p.m.

At about the time these photos were taken sombody showed up at the restaurant who may have had a weapon and banged on doors and windows and caused some damage. That person is also believed to have smashed out the windshield in the white Corvette in the photos.

The man in the photos is believed to have been driving the gray car in the background of the bottom two photos.

Anyone with information that may assist in the investigation is asked to call the State Police at (585) 344-6200.

It was a bigger project than he anticipated but artist Kevin Feary said he got a lot of enjoyment out of meeting a group of residents of the Premier Genesee Rehabilitation and Nursing Center in Batavia so he could paint their portraits.

"The original plan was 'I'm going to be able to do this in three or four months,' " Feary said. "Well, that was a joke because I couldn't."

He expected each portrait to take just a few hours. Some of them took 20 hours to complete and that didn't include the time spent getting to know his subjects.

"I came in to meet them, got to know them, even interviewed them, say a little bit, took some notes, because it is really good to know as much as you can about somebody to get their likeness," Feary said. "I think for me it's even more important to know something about you than to just look at you and try to paint your shapes. I know that I can get it to look like you, but I think that if I knew more about you I can get the essence of you."

When Feary isn't painting, and besides this project, he has carried on with his other art projects. He lives in Batavia and works in construction.

The idea for the project came to Feary while working on a committee at GO ART! to evaluate Ripple Grant applications. He said he found some of the ideas in the applications pretty mediocre and he thought he could do better and one day he told Heather Grant, staff at GO ART!, that maybe he should paint portraits of residents at the nursing home.

Then he kind of forgot about the idea until one day Heather Grant called him and asked if he wanted to apply for a Ripple Grant himself to paint those portraits. He hesitated.

"I thought, 'am I ready for this?' Is this something I can really actually go do?' "

Then he said yes and asked about the deadline.

"Tomorrow."

"I don't know how it goes with most artists but for me, I'm not the flamboyant Picasso, 'I am the greatest,' " he said. "I second guess myself all the time. So I didn't want to say yes I could do something that I didn't know if I could pull off. So I said, 'Well, OK, yeah, I'll apply.' "

When Feary started on the project, staff directed him to the memory unit.

"I came in a couple of times without even thinking about painting," Feary said. "(I came in) just to get to know some people. I remember coming in and Cindy -- I don't remember her last name -- was the aide there. This woman had a heart of gold. You could see a great patience in her. There is a lot to learn just from watching her and the residents. They all seemed pretty happy. I mean, they really seemed happy.

"I would go in one day and play crazy (eights) with them," he continued. "That was the big game that we played and then maybe have a snack. They would figure out who I was going to paint and then I would come in the next day and they would be a huge table playing crazy eights and I would be in the next room over and somebody was in a chair while I painted."

When he started meeting with residents of the nursing home, some at first were eager to get their portrait painted. Some changed their minds when it came right down to it. And some were wary of the whole idea altogether.

"It's amazing that some of them were, you know, afraid, or apprehensive at least, to have this done for whatever the reasons are," Feary said.

The project got interrupted when Feary had to take a break for medical reasons. When he got back, the first portrait he did wasn't of the person he was scheduled to paint because she changed her mind.

So, Feary just hung out for awhile and as he sat next to one of the residents, Cindy came up and asked her if she would like her portrait painted.

"She goes, 'how much is it going to cost?' " Feary recalled. Cindy told her it is free. "You don't have to pay anything," so the woman replys, "Can we start right now?"

Feary thought, "Great, I've already blown an hour."

After working on the portrait until it was nearly finished, it was time for him to leave, so he showed it to this woman.

Her disappointment was obvious.

"Well I'm just scornful," she said.

"I felt so bad," Feary said. "That's not why I'm here. I thought to myself, 'that's not what this is about. I can't let that happen again."

After that, Feary would only do a preliminary painting, just one color, while in the home, and then he would take a photo back to his studio and finish the portrait there.

Feary is an experienced, accomplished, award-winning artist, but that doesn't mean there still aren't things to learn and the nursing home project proved also to be a great learning experience. For those who view the portraits in the order he painted them, the progress in how he handled light is apparent.

That is one of the reasons Feary took on the project, to make and see that kind of progress.

Above, he's holding one of the final paintings, of Agnes, and nearly everybody picks it out as their favorite of the collection.

"The thing with her is I could see she was genuinely kind and she just had, you could just feel, the happiness about her," Feary said.

The idea for the project, as Feary said, popped into his head while judging Ripple Grants. That process could have sparked a lot of ideas, so when asked why portraits and the nursing home, Feary said, I don't know where it came from. I don't have a good answer for that."

He said he just thought it would be good for the residents of the nursing home.

"I know that a lot of these people don't get visitors," Feary said. "So I thought that I want to bring a little joy or happiness to these people. That was kind of the idea for the project. Then, also, for them to have a keepsake or the family to have a keepsake."

Photos by Howard Owens except for bottom photo, which was submitted by Premier Genesee.

Lionel J. Anderson Jr. got some bad news and some good news in Genesee County Court this morning. Judge Charles Zambito sentenced the 16-year-old to an indeterminate state prison sentence of one to three years. But the judge also vacated his felony conviction on attempted second-degree assault, a non-violent Class E felony, and granted him youthful offender status.

That means his record in this matter will be sealed.

The judge could have sentenced Lionel up to four years under the terms of a plea agreement in this case.

He has served 160 days so far; with good behavior, he could get out in a little over six months -- before the end of the year.

In making the decision, Zambito said it serves the interests of justice, protects the community, and gets Lionel some help.

The Oklahoma native will serve time for his role in an altercation on Highland Park, Batavia, on the evening of Nov. 28. His 13-year-old victim was slammed to the ground, face first, then struck in the face, twice; the injuries stemmed from contact with a "metal belt buckle and/or curb."

He has remained in custody since the incident; his bail was $25,000.

Since his last court appearance, in April, a pre-sentencing report was completed, and attorneys on both side as well as the judge had read it in preparation for today.

Before sentencing, Assistant District Attorney Kevin Finnell told the court even though Lionel is young, he has amassed "a pile of history" in the last few months.

"He is in desparate need of services; he continues to use drugs; he behaves inappropriately at school," Finnell said. "He is a threat to society. He is a violent aggressor."

Thus, Finnell said the defendant should not be considered eligible for youthful offender status.

"It is fortunate that the victim in this case was not more harmed" as a result of Lionel's actions, Finnell said.

Public defender Michael Locicero said Lionel is utterly lacking in family support. No mention was made of his mother or her whereabouts. His father is incarcerated and his grandfather moved out of the area. He has been moved around a lot throughout his young life.

"He has had a tough go of it," Locicero said.

As for the altercation, Locicero noted that there were several individuals involved and Lionel "has taken responsibility for his part."

Locicero then asked the judge to consider granting his client youthful offender status and to sentence him to local jail or intermittant incarceration (weekends).

He cautioned Zambito that it would be "a mistake not to consider other factors" in Lionel's life that have shaped and influenced him.

When asked if he had anything to say on his own behalf, Lionel said clearly "No, sir." He was quiet and composed throughout the proceeding.

Judge Zambito said the report by the probation department deemed the defendant to be at the greatest risk; he has nowhere to go, no home to go home to. He was on probation at the time of his criminal act and was not doing well -- well beforehand. He noted the youth's prior history involves violence.

But despite his run-in with authorities, including at school, law enforcement and Family Court, Zambito noted this was his first criminal conviction and that it stemmed from a verbal argument involving several people that escalated. 

"He was not the primary aggressor," Zambito said about the incident, as documented in the probation department report. "He came to the aid of a friend. Whether this was a 'youthful indescretion' (as argued by the defense counsel) is debatable."

Wielding a belt, not inherently a weapon, was unusual, the judge said.

"You need to get some counseling," in order to figure out why you behave as you do, Zambito told the teen.

The defendant is not to possess guns. He has to pay $325 in fees/fines but does not have to submit to the DNA database because of his newly minted youthful offender status.

An order of protection is place for the victim until May 21, 2026.

Brooke L. Brumber, 18, of Washington Avenue, Batavia, is charged with criminal trespass, 2nd. Brumber was arrested on a warrant. She allegedly entered a residence on Washington Avenue at 8:01 p.m. May 3 without permission after being told she was no longer welcome there.

Matthew James Cratsley, 42, of Buell Street, Batavia, is charged with failure to report a change of address and failure to complete verification form. Cratsley allegedly moved and failed to notify the NYS Sex Offender Registry. He is also accused of failing to complete the annual registration form. 

Jonathan Peter Smith, 40, of Little Canada Road, East Bethany, is charged with DWI, driving with a BAC of .08 or greater, moving from lane unsafely, and failure to signal. Smith was stopped at 1:28 a.m. May 13 on Main Street, Batavia, by Sgt. Thomas Sanfratello.

Sammy Lee Domthongmivanh Jr., 29, of Halstead Road, Alexander, is charged with: DWI; driving with a BAC of .18 or greater; failure to keep right; moving from lane unsafely; failure to attach registration sticker to vehicle. Domthongmivanh was stopped at 11:49 p.m. Saturday on Main Road, Pembroke, following a complaint of traffic offenses, by Deputy Eric Meyer.

Riecha B. Morris, 34, of Hawks Nest Circle, Greece, is charged with operating a motor vehicle while impaired by drugs. Morris was stopped at 9:33 a.m. Friday on West Main Street, Batavia, by Officer Kevin DeFelice following a complaint of erratic operation.

David L. Castaneda Trejo, 19, of Byron, is charged with criminal trespass, 2nd, and making a false written statement. Castaneda was arrested on an incident reported at 11:22 a.m. Sunday in the Town of Byron by State Police. No further details released.

Matthew J. Lamkin, 36, of Batavia, is charged with criminal mischief, 4th. Lamkin was arrested in connection with an incident reported at 11 p.m. Sunday in the Town of Batavia by State Police. No further details released.

Alexandria C. Pisarek, 25, of Corfu, is charged with acting in a manner injurious to a child. Pisarek was arrested in connection with an incident reported at 11:50 a.m. May 9 in the Town of Bergen by State Police. No further details released.

More than 900 Genesee Community College students have completed their degrees in the past 12 months and today about 225 of them accepted their diplomas in a commencement service that also marked the yearlong celebration of GCC's 50th anniversary.

Kristina M. Johnson, Ed.D., chancellor, State University of New York, gave the commencement address. She focused on a theme of commitments -- commitment to be optimistic and persistent, commitment to being kind, commitment to community and charity, and a commitment to a sustainable environment.

Johnson started off with the story of her mother, whose father died when she was 9. Her mother's mother died in the middle of the Great Depression; Johnson's mother was in high school when this happened, and she was left to raise her two younger brothers alone. Eventually, she married and raised seven children. At age 60, Johnson's mother was finally able to return to school.

"If not for a community college she would have been able to pursue her passion to further her education," Johnson said. "Many of you are like my mom. You had to juggle lives, careers, family and all of the other responsibilities that go along with being contributing members of our very busy society, so today we’re here to celebrate you."

Johnson then told the story of one of her own young-life struggles. At age 22, while training for an attempt to make the U.S. Olympic team, she was diagnosed with Hodgkin's Lymphoma, which in 1979 was rarely curable.

"Imagine at 22 staring down a life of not surviving past 24," Johnson said.

When she started treatment, she went into a clinic for the first time and met two sisters, probably in their 60s. They had survived together in a Japanese internment camp and they were tough.

Johnson sat down and one of them said to her, "Is this your first time?"

Johnson wanted to know how she knew and the woman said, "because you look scared."

"I was crushed because truly I was scared," Johnson said. "I didn't know what to expect. I didn’t know if it would hurt. I didn’t know if I would be able to compete in my sport. I didn’t know if the treatments would work."

Weeks went by with Johnson continuing treatment and by now she was a veteran, having settled into the routine. One afternoon, in the waiting room, again with the two sisters, another woman came in and sat down. Johnson asked her if she was new.

"Yes, how did you know?" the woman replied.

"I looked up at the two sisters and I winked," Johnson said. “'Well,' I said, 'you weren’t here yesterday and we’re all here at the same time every day so it has to be your first time.' I then proceeded to walk her through what was going to happen next.

"I could see the fear I had felt and I said to her, ‘think of something nice.’ She got up, she walked out of the waiting room, and before she walked in (to the next room), she turned around and looked at me and she said -- "

At this point, Johnson stopped. With hundreds and hundreds of people in the Call Arena, there wasn't a whisper, a ruffle of paper, a snap of a shutter or the squeak of a chair. Silence as far as the ear could hear.

Johnson composed herself, "She said, 'I'm going to think of you.'"

Johnson said she can never tell the story without becoming emotional.

That became one of the greatest memories of my life because on that day I chose to be kind," Johnson said. "There didn’t seem to be any other choice but to be kind without expecting anything in return."

From these lessons, Johnson encouraged the students to commit to optimism and to be persistent no matter what they encounter in life.

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"I remain a committed, if not obnoxious, optimist," she said.

She also told students to commit to kindness but to also accept themselves without judgment.

"While you’re busy practicing kindness toward others, I want you to do one other thing," she said. "I want you to be kind to yourself."

Charlie Cook, CEO of Liberty Pumps, was honored by the Alumni Association for his charitble support of the college.

To purchase prints, click here.

      Nathaniel Wilson

If Nathaniel D. Wilson Jr. did use a knife Thursday night to kill Terry J. Toote, as police believe he did, it wasn't the first time Wilson used a knife to attack another Batavia resident, according to the man he nearly stabbed in the back 12 years ago after a scuffle behind Biggie's Sandwich Shop on East Main Street. 

Louis Kingsbury said he barely escaped serious injury because Wilson mistakenly thought he had stabbed Kingsbury so he then fled the scene.

"I don't know how I didn't get stabbed because with the (surveillance) camera, actually, it looks like he's stabbed me," Kingsbury said. "In the investigation, he told the police that he thought he had stabbed me, that's why he stopped and took off running the opposite away."

The only thing cut was Kingsbury's shirt.

Wilson eventually entered a guilty plea to attempted assault and criminal possession of a weapon. The plea deal would have kept Wilson out of prison but Wilson, Kingsbury believes, committed other crimes while awaiting sentencing and so ended up being sent to prison for several years.

He may have been released a couple of years ago but available records are incomplete. He may have been adjudicated a youthful offender, as an 18-year-old, at sentencing in 2005, which could explain the lack of records.

Wilson was arrested in the City of Batavia two years ago on a charge of criminal possession of a weapon, 3rd. He was transferred from the Genesee County Jail to state prison on a sentence of one and a half to three years in May 2016.

The incident behind Biggie's began when a tenant of motel apartments to the east of the sandwich shop ran across the street to the pet food store, where Kingsbury worked. The tenant told Kingsbury that somebody, while fighting with his girlfriend, had punched and broken the illuminated sign in front of the motel.

The pet food store and the apartments were owned at the time by Ken Mistler and Kingsbury was and still is an employee of Mistler.

Kingsbury ran over and found Wilson hiding behind Biggie's.

When he confronted him, according to Kingsbury, Wilson said, "What are you going to do about it, cracker?" He then lunged at Kingsbury.

There was a scuffle and at one point, Kingsbury had him in a headlock and then Wilson managed to break free. Kingsbury said he saw him pull out a knife.

"Thank God, it was like one of those butterfly knives, so he was kind of fidgeting with it and trying to open it," Kingsbury said. "I realized it so I was able to react when he came at me and tried to stab me. When he missed, that time I said 'I'm out of here.' "

Kingsbury ran toward the motel and he said he could feel Wilson right behind him lunging at him. After he felt the knife catch his shirt, Wilson stopped his attack and ran toward the woods to the north and through the woods toward the house where Kingsbury believes Wilson's grandmother lives to the east.

Others in the area had already called 9-1-1 and police were on the scene quickly but couldn't find Wilson. It was some days or weeks before Wilson turned himself in.

When he was sentenced, Wilson was ordered to pay $864 in restitution to Mistler for the broken sign, according to a probation letter Mistler received. Kingsbury doesn't believe full restitution was ever made.

According to police, Wilson, who has been charged with murder, stabbed Toote in the middle of Toote's chest and Toote died that night. In the fight, Wilson was shot in the leg by another person, allegedly by 17-year-old Samuel R. Blackshear. Jennifer K. Urvizu-Hanlon, 41, is accused of supplying the gun to Blackshear.

After reading Monday’s story in The Batavian about policies in five local school districts that prohibit individual school board members from sharing their views in public forums, such as news stories, the attorney for the New York State School Boards Association suggested that maybe something has been lost in the translation.

The NYSSBA’s policy recommendation seems clear: “ … whenever communicating about issues related to the district, each board member should clearly state that he or she is communicating a personal opinion and is not speaking for the board.”

Somewhere along the line, some school districts have turned this into a restriction on speech even by individual board members.

The fact that individuals don’t give up their First Amendment rights when elected to any public office, including school boards, could perhaps be more clearly communicated, suggested Jay Worona, deputy executive director and general counsel for the NYSSBA.

“We’re the glad that you wrote the story,” Worona said, “it helps to remind us what the perspective of the press is related to covering their respective stories. Although board members, in the absence of being specifically authorized to speak on behalf of the board, may not do so (speak for the board). They certainly are not precluded from providing the press with their individual perspectives if they choose to do so.”

Further research by The Batavian on the topic also reveals the NYS Board of Education, as expressed in nearly a dozen rulings since 1978 by education commissioners, clearly supports the right of board members to speak freely. Ruling after ruling states, “Individual board members are entitled to express their views about issues concerning the district and engage in partisan activity, provided school district funds are not used.”

In our research, The Batavian also found another document from the NYSSBA that more clearly states that individual board members retain their free speech rights. 

“Individual school board members and other school officials, acting in their personal capacity, have the same right as any other member of the community to express their views on public issues,” the document states.

Yet, in Genesee County, there are five school districts – Alexander, Byron-Bergen, Le Roy, Oakfield-Alabama, Pavilion – that have articulated policies prohibiting individual board members from publicly stating their views outside of board meetings.

After reading The Batavian's story, Rick Blum, policy director of the Reporters Committee for Freedom of the Press, said he was baffled that elected bodies had such rules and the elected officials accepted such restrictions.

"I don’t understand how elected officials are not allowed to talk to their constituents," Blum said. "It doesn't make sense to me. If you are an elected representative, elected to run and administer a school board or any government agency or public office, you need to do it in a representative, democratic way."

Since the story appeared Monday, The Batavian has spoken with one local school official about speech restrictions.

Alexander Superintendent Catherine Huber, Ed.D., said -- in a single statement -- that board members both can and can't speak freely: They can't share their personal views on district business; and, they have the ability to express opinions. (NOTE: We will have more from this 45-minute interview in later stories.)

"Recently we did a board retreat and the board established norms, which you also probably saw on our website, and one of the norms that the board established was that they would speak with one voice," Huber said. "They would speak with one voice on matters related to the school district.

"Board members individually don't have power on their own. They have power and they come together around the board table. That is not the same as their inability to express an opinion. Anybody has the ability to express an opinion. But in terms of commenting on district business, the board members only can speak with that same one voice as a board and not as individuals and they've designated the superintendent, as they probably have in most school districts, as the spokesperson for the district."

In the interview, we compared the "one voice" policy to Communist China. Huber's only response, "You have the policies and I know you have the policies from the other school districts as well."

When The Batavian pointed out such a policy negates dissent or individual views, Huber responded, "It's in keeping with our policy. An important thing to keep in mind, too, is that one of the central jobs of a Board of Education is that they get to approve a policy. So Boards of Education approve the policy that talks about things like who is the spokesperson for the board."

When The Batavian tried to talk with Alexander board members after an April 23 meeting, Huber stepped in, and board members reiterated, that only she could speak to reporters, a communication transaction Huber confirmed during Wednesday's interview.

After that encounter and subsequent communications with the district, The Batavian decided to survey the seven other school district's in the county expecting to find Alexander's policy was an anomaly. What we found is, it is not. While the policies of Batavia, Pembroke, and Elba are, arguably, the anomaly, there are five districts willing to openly state board members can't speak freely.

There does seem to be some confusion in Elba about the policy. While Superintendent Keith Palmer said, "Board members should emphasize to the media when asked to speak as a board member that they can only speak as a private citizen," which is in keeping with NYSSBA guidelines. When, however, The Batavian attempted to send interview questions to Elba's lone school board candidate, Candy Bezon, she declined to answer citing board policy.

The story about board member speech restrictions seemed to surprise NYSSBA's Worona. He indicated he didn't know such policies existed at school districts in New York.

The NYSSBA serves 660 school boards in New York and provides information, training and advice on matters affecting school boards to its members.

Worona said if there is a lack of clarity among school boards, it something NYSSBA should address.

"We want to make sure our school boards are judged by what they do not how they do it," Worona said.

It's reasonable for school boards to have a designated spokesperson, whether that's the board president or the superintendent, because a spokesperson is likely to be the person with the most knowledge and information about a particular topic, but a board designating a spokesperson should not be confused with the right of individual board members to answer questions, or for reporters to ask them.

Board members, of course, have a right to decline interview requests for their own personal reasons.

“Some board member who wishes not to speak the press may not do so, not to be difficult, but because they don’t feel comfortable with that media," Worona said.

Some school district and board policies may not necessarily reflect that nuance, Worona said.

There's no nuance, however, in the decisions issued by NYS Board of Education commissioners going back to 1978 when a commissioner ruled on the appeal of Rita Wolfe. 

Wolfe was a Cold Spring Harbor School Board member who sent letters to residents of Cold Spring Harbor encouraging them to vote against a proposed school budget, an action the commissioner ruled was not illegal since Wolfe lobbied residents at her own expense.

"Although an individual board member or those members holding a minority view are not entitled to have their opinions published at the district's expense in board publications, this does not mean that the individual board member may not communicate his views at his own expense."

The Wolfe decision (which, given it is from 1978, is not available online) is cited in several subsequent commissioner decisions. Decisions that either site Wolfe or state the same principle include the application of Katrina Dinan, application of Rhea Vogel, the appeal of Kevin R. Allen, the appeal of Jeremy J. Krantz (which also notes that school district employees enjoy the same right to publicly express their personal views), the appeal of Guilaine Leger-Vargas, the appeal of Dione Goldin (which involves comments Goldin made to a newspaper reporter), the application of Kaila Eisenkraft, the appeal of Glen W. Johnson, the appeal of Vincent Wallace, and the application of Julianne C. Gabryel.

What an individual reporter can do about government policies that prohibit free speech by elected officials may be limited; though courts have found, such as in Chicago Reader v. Sheahan that government agencies can't argue that alternative newsgathering resources are available as an excuse for refusing direct access to a primary source. Yet this is what Attorney Jennifer Schwartzott -- who represents Alexander, Byron-Bergen, and Pembroke -- suggested when defending school districts' speech policies.

"Community members who are interested in what the local board members have to say can attend board meetings when the members discuss issues, share their opinions, and make decisions," Schwartzott said in response to questions emailed to her last week about individual board member rights.

Speech restrictions, however, abridge the rights most directly of school board members.

David C. Bloomfield, J.D., professor of Education Law at Brooklyn College and The CUNY Grad Center, and author of a book on education law written for community members who wish to better keep tabs on their local school boards, said board members who wish to challenge the speech restrictions might best be served by going to the NYSSBA to get information to bring back to their fellow board members. If necessary, however, they might need to file an application or appeal with the education commissioner.

"The new information (the decisions mentioned above that we found since the last story, with the help of Bloomfield) seals the deal," Bloomfield said. "Rather than speculating, it’s right there, spelled out in black and white. A district shouldn’t even discourage board members from speaking out. The First Amendment should be exercised."

There is no specific state law, such as the Freedom of Information Law or the Open Meetings Law, that addresses directly a board member's right to speak freely but such a law shouldn't be necessary, said Robert Freeman, director of the state's Committee On Open Government. "We have the First Amendment.

“If a board member is speaking out, it’s up to the board to take action, and I don’t think a board would, if they thought about this, because I think a board would recognize the right of a board member to speak out, absent not representing himself or herself, as speaking for the board,” Freeman said.

Later he added, “If a board member wants to speak out then I think he or she should and challenge the policy.”

If board members won't protect themselves, it will be up to voters to make changes, said the Reporters Committee policy Director Blum.

"I think the public is going to have to elect people who are going to change school board policy," Blum said.

Jennifer Urvizu-Hanlon   Samuel Blackshear

The Central Avenue murder and attempted murder investigation stemming from last night's melee on Central Avenue in the city took an unexpected turn today.

A 48-year-old local businesswoman and a 17-year-old boy, who was found this afternoon at her residence on West Main Street Road in the Town of Batavia, were arrested in connection with the shooting of Nathaniel D. Wilson Jr.

Jennifer K. Urvizu-Hanlon, owner of La Mexicana store in Valu Home Plaza, is accused of providing a gun to Samuel R. Blackshear during the confrontation on Central Avenue last night; and Blackshear allegedly shot Wilson in the leg with that gun.

Urvizu-Hanlon is charged with criminal liability for conduct of another/criminal possession of a weapon, 2nd.

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

Additional charges are possible.

According to Batavia Police Chief Shawn Heubusch, police were able to charge Urvizu-Hanlon based on video evidence. A video camera installed on Central Avenue earlier this week captured the entire incident. Urvizu-Hanlon, Heubusch  said, was on Central Avenue at the time of the incident.

"Her activities at the scene were she provided the weapon that was used in the shooting," Heubusch said.

Asked if the video showed her physically transferring the weapon from her possession to Blackshear's, Heubusch said, "I can't disclose that information as that's probably going to be part of the legal process." 

Urvizu-Hanlon was the registered owner of the gun and permitted bearer of the weapon, Heubusch said. He did not say whether the weapon was recovered during searches today but did say evidence was recovered from the searched locations.

Heubusch said investigators have yet to discern the nature of the relationship between Urvizu-Hanlon and Blackshear.  

Blackshear and another unidentified male were located at Urvizu-Hanlon's residence this afternoon.

That residence is a small yellow house on property owned by Upstate Toyota and next door to the dealership. Urvizu-Hanlon is a rental tenant.

Heubusch said, however, that investigators have not established that Blackshear was living there. He is officially listed as "no permanent address" and Heubusch said he tended to stay with other members of the community, as well.

Wilson, the man injured by the gunshot, was arrested after being released from the hospital and charged with murder in the stabbing death of Terry J. Toote, a 41-year-old Batavia resident whose last known residence was on West Main Street.

Urvizu-Hanlon, Blackshear, and Wilson are all being held without bail.

Batavia PD was able to bring all three into custody in less than 17 hours after the stabbing and shooting.

"Our guys did phenomenal police work," Heubusch said. "We had a lot of a lot of evidence to go through. They had a lot of witnesses to talk to. And it's still not done. But I'll tell you that they did a tremendous job overnight, and taking care of all of the issues that were at hand, and handling the other calls for service."

Heubusch also credited the assistance of the Sheriff's Office, State Police, the Orleans County SWAT (which assisted the Genesee County ERT), the Department of Environmental Conservation, and city fire for assisting at the scene last night and throughout the investigation.

"I can't speak highly enough about the cooperation in this county," Heubusch said. "Any time you need something, you give the sheriff or somebody else a call and they're going to send some people your way."

Another subject who was found at the West Main Street Road residence was released after questioning and is not a suspect, Heubusch said, though he may be a witness.

There is still investigative work to be done and Heubusch is asking witnesses to come forward and residents in the area who have video of the incident to supply it to investigators.

That said, it is likely that the primary suspects from Thursday night have all been arrested.

"The video evidence that we received and that we viewed was pretty clear," Heubusch said. "We do not believe that there are any outstanding suspects in this case."

Whether the incident last night is related to prior incidents on Central Avenue over the past few weeks is still unclear. There may be some connection, Heubusch said, but it's not clear which prior incident threads to a connection with this incident.

"We're still investigating as to what was the motive leading up to it," Heubusch said. "There was a large disturbance that took place down there. There was a fight between several individuals -- the deceased, the suspect that was arrested for that crime, as well as a suspect that was arrested for the shooting. There were other individuals involved in punching and kicking and that sort of thing. But it looks like there was a large fight."

Heubusch agreed it's striking that of all four individuals police have connected to this incident -- Toote, Wilson, Blackshear, and Urvizu-Hanlon -- none are residents of the Central Avenue/Pringle Avenue area of Batavia, though all four have long-standing ties to the community.

Why Central Avenue has become a flashpoint in the past several weeks is hard to pinpoint, but Heubusch said police are doing what the can to address the issues.

"I certainly can't deny that there are problem areas," Heubusch said. "That is something that we have been anxiously working on to try to solve the issues in that particular neighborhood. When it came to our attention that there were several instances of disturbances down there we took measures to increase the lighting in that area. We took measures to put up a street camera down there, which was essential in capturing the evidence that led us to the conclusions here. So you know we did as much as we possibly could."

Ultimately, brighter lights, cameras, and more patrols won't solve neighborhood problems without the cooperation of the residents who live on problem streets, Heubusch acknowledged.

"We would like to see is more community interaction," Heubusch said. "If you see something you need to give us a call. Don't be afraid to take back your neighborhood, so to speak. That's what we need. We need people to be proactive. We need neighbors to take care of neighbors and not hide from things like this. We will do whatever we can to protect you but come forward; otherwise, we can't charge these folks and get them out of your neighborhood."

Top photo and second photo, from a vigil on Central Avenue, by Howard Owens. The next photos of the vigil courtesy our news partner 13 WHAM.

A person of interest from last night's crime scene at Pringle and Central avenues has been detained.

He was located in a little yellow house next to the Batavia Toyota dealership on West Main Street Road earlier this afternoon.

Law enforcement closed the road and surrounded the house.

Traffic on Route 5 in the Town of Batavia near the Batavia Toyota dealership was blocked in both directions for at least a half hour due to the law enforcement action.

UPDATE (By Howard) 5:04 p.m.: Photos added. Top photo: the house where we believe the person of interest was found and detained. Below, La Mexicana store, located at 4152 W. Main Street Road in Valu Home Plaza. We have few confirmed details, but the store is part of the investigation. This afternoon, the Emergency Response Team entered the store to search it. Batavia Police Chief Shawn Heubusch said use of ERT was merely a precaution since there was at least one weapon used in last night's incident.

Nathanial D. Wilson Jr., 30, with a last known address on Chestnut Street, Batavia, has been charged with murder in the second degree in the stabbing death last night of Terry J. Toote, 41, of West Main Street, Batavia.

Toote suffered a knife wound to the center of his chest. Wilson suffered a gunshot wound to his leg.

Police are looking for the suspected shooter. There is a person of interest police would like to interview.

Det. Eric Hill said he couldn't comment on whether any weapons were recovered.

After Toote was stabbed, other people in the area came to his aid. People were yelling "call 9-1-1, call 9-1-1" and a citizen started performing CPR and continued CPR until Mercy EMS arrived on scene.

Police have not said what precipitated the confrontation last night but don't believe it is connected to an incident a couple of nights earlier where a group of people were jumped by a number of other people, at least two with baseball bats and one person with a gun.

Toote has a criminal record. He was recently released from state prison on a conviction for attempted sale of a controlled substance. He was charged in Orleans County. That was a second felony offense for Toote, according to Orleans Hub. He was arrested in Batavia in 2014 on a harassment charge.

We haven't been able to confirm yet whether Wilson had any prior arrests.

The incident started some time before 11:30 p.m., Thursday. A witness who lives on Pringle Avenue said she heard people walking down Pringle talking loudly. One said, "I apologized. I apologized." When the group reached Pringle and Central, she said it sounded like the argument escalated, then she heard three gunshots. She said when she looked down the street she saw an SUV leaving the scene quickly.

Another witness said there was a car parked on Highland and the driver yelled, "They shot my boy. They shot my boy." And then that vehicle left.

Toote was pronounced dead at UMMC by County Coroner Donald Coleman.

While Wilson was being treated at UMMC, investigators developed information that indicated Wilson was allegedly responsible for stabbing Toote. Once he was released from medical care, he was taken into custody and then arraigned this morning in City Court on the murder charge.

Shortly after midnight, there was a disturbance at the hospital. Family and friends of Wilson and Toote were involved, according to police. The hospital went on lockdown as a precaution. There were no weapons displayed or threatened. The parties were separated. No charges have been filed.

Central Avenue has been a hotspot of disturbances recently so just about 24 hours before the stabbing and shooting, police activated a recently installed camera, which became critical in gathering evidence for this case.

"Due to these issues, the Department installed a video surveillance camera in the area and had the street lighting enhanced," Batavia PD said in a statement. "The street surveillance camera was instrumental in this investigation. The Department has also received several other videos showing the incident from witnesses who will remain anonymous. These, too, were instrumental in aiding in this investigation."

The case is under active investigation and Hill said police have been busy following up on leads.

From the press release:

The Department would like to thank the New York State Police, Genesee County Sheriff’s Office, the Genesee County Local Drug Task Force, New York State Department of Environmental Conservation (ENCON), City of Batavia Fire Department, Mercy Medics and Genesee County District’s Attorney’s Office.

Anyone with information in reference to the case may contact Detective Thad Mart at 585-345-6372 or the Batavia Police Department at 585-345-6350, the confidential tip line at 585-345-6370 or online at http://www.batavianewyork.com/police-department/webforms/report-suspicious-drug-or-criminal-activity.

More information will be released at the conclusion of the investigation.

CORRECTION: We initially pubished the suspect's name incorrectly. The correct last name is Wilson. The story has been corrected.

A victim of a gunshot wound is reported at Central and Pringle avenues in the city. CPR is in progress. City police and fire responding.

UPDATE 11:37 p.m.: The gunshot is unconfirmed. A victim of a stabbing is transported to UMMC. City and state police have Pringle Avenue and Central Avenue cordoned off.

UPDATE 12:05 a.m.: Several witnesses at the scene say they heard at least three gunshots. A witness on Pringle Avenue says she heard people arguing; one person said she heard "I apologized; I apologized." When the subjects got to Pringle and Central Avenue, a witness reports hearing the argument escalate. Then she heard three gunshots. Then she saw an SUV peel off. Another witness said she heard a group of people on Pringle Avenue and they were screaming "Call 9-1-1; call 9-1-1." Another witness says there was a car parked in a driveway on Highland and the driver yelled: "They've shot my boy, they've shot my boy!" before peeling off in a vehicle. Yet another witness says he saw a shirtless white male running from the area. We've only confirmed with law enforcement that there is a stabbing victim; it is not confirmed there is a shooting victim."

UPDATE 12:10 a.m.: The state Department of Environmental Conservation is on scene with personnel and a canine capable of detecting gunpowder residue. A press conference is imminent.

UPDATE(S) (By Howard) 12:49 a.m.: We'll have a little more information in a bit, but two things: There are two victims. The gunshot victim was transported to UMMC by private vehicle. At about 12:30 a.m.; UMMC was placed on lockdown.

UPDATE 1 a.m.: Assistant Chief Todd Crossett briefed reporters at the scene on what police know at this time. Police were dispatched to Central and Pringle for a report of a man down in the street. They located a man who was the apparent victim of a stabbing. A second victim was transported to UMMC by private vehicle.

"Anyone with information is asked to call 9-1-1 and then we will get an officer out to talk with you as soon as we can," Crossett said.

Crossett said there is no information at this time to indicate this incident is associated with the one at Jackson and Central a couple of nights ago where four people were assaulted with baseball bats and a pistol.

"But obviously, it's still really early (in the investigation)," Crossett said.

In recent weeks, Batavia PD has given Central Avenue more attention, Crossett said, with increased patrols during the day and patrols stationed on the street when available at night.

"We've done some different things with increasing the street lights, making them brighter," Crossett said. "We've just recently moved our street camera down here. So we've done some things to try to get a handle on this to see what's going on down here."

There's no information yet available on the victims as far as description, age, race, gender. They are both in serious condition. 

Given the early nature of the investigation, Crossett was not able yet to provide descriptions of other people who may have been involved or how many people were involved.

UPDATED 5 a.m.: One victim has died, according to Crossett. He didn't say which victim.

Darcia M. Golda is indicted for the crime of third-degree grand larceny, a Class D felony. It is alleged that on Oct. 26 in the Town of Batavia that Golda stole property with a value of more than $3,000 -- in this case, U.S. currency. In count two, she is accused of the crime of falsifying business records in the first degree, a Class E felony. It is alleged in count two that on Sept. 6 in the Town of Batavia that Golda, with intent to defraud, made a false entry in the business records of an enterprise. She allegedly did so by making a fraudulent return slip for $20 for the purposes of stealing from a store. In count three, the defendant is accused of the same crime as in count two, but it allegedly occurred on Sept. 19 for $99.87. In count four, the defendant is accused of the same crime as in count two, but it allegedly occurred on Sept. 11 for $150.37. In count five, the defendant is accused of the same crime as in count two, but it allegedly the fraudulent return slip was undated; the amount was for $125.03. In count six, the defendant is accused of the same crime as in count two, but it allegedly occurred on June 22, 2016 for $79.45. In count seven, the defendant is accused of the same crime as in count two, but it allegedly occurred on June 26 for $60.20. In count eight, the defendant is accused of the same crime as in count two, but it allegedly occurred on June 27 for $81.25. In count nine, the defendant is accused of the same crime as in count two, but it allegedly occurred on June 29, 2016, for $74.65. In count 10, the defendant is accused of the same crime as in count two, but it allegedly occurred on June 15, 2016, for $140.30. In count 11, the defendant is accused of the same crime as in count two, but it allegedly occurred on June 15, 2016, for $85.74. In counts 12, 13, 14 Golda is accused of third-degree forgery, a Class D felony. It is alleged that on Sept. 6, Sept. 19, Sept. 11, respectively, she falsely made, completed or altered a written instrument -- store return slips. In count 15, she is also accused of third-degree forgery for allegedly falsely completing an undated store return slip, sometime between Oct. 26, 2016 and Sept. 27, 2017. In counts 16, 17, 18 and 19, Golda is again accused of third-degree forgery for allegedly falsifying a return slip, respectively on: June 22, 2016; June 26; June 27; and, lastly, on June 15, 2016.

Melissa R. Rosenberg is indicted for the crime of aggravated driving while intoxicated, a Class E felony. It is alleged that on Nov. 27 in the Town of Batavia that Rosenberg drove a 2001 Acura on Route 5 while intoxicated and while a child under age 15 was a passenger in the vehicle. In count two, she is accused of aggravated DWI, also a Class E felony, for DWI while a second child age 15 or under was a passenger in the vehicle. In count three, the defendant is accused of DWI as a misdemeanor. In count four, she is accused for DWI, per se, for having a BAC of .18 or more at the time. In counts five, six and seven, she is accused of endangering the welfare of a child, a Class A misdemeanor, for allegedly 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 counts eight, nine, 10 and 11, Rosenberg is accused of vehicle and traffic law violations. Respectively, these are: driving left of pavement markings; moving from lane unsafely; failure to use designated lane; and moving across hazard lines.

Gioacchino F. Aquino is indicted for the crime of third-degree burglary, a Class E felony, for allegedly knowingly entering a building unlawfully with the intent to commit crime -- in a convenience store on Broadway Road in the Town of Darien on Jan. 10. He is accused of criminal mischief in the third degree, a Class E felony, for allegedly intentionally damaging the property of another person -- a glass door -- in an amount exceeding $250.

Joshua Francis Zalar, 20, of School Street, Le Roy, and Alexander R. Dunn, 22, of Warsaw Road, Le Roy, are charged with trespass. Zalar and Dunn are accused of trespassing on Hanson Aggregates property in the area of Circular Hill Road, Le Roy. Zalar fell off a cliff and required rescue by the Le Roy Fire Department. He reportedly suffered a foot injury. No information has yet been released on why Zalar and Dunn were in the area of the gravel pits at 12:18 a.m. (Initial Report)

Michael Joseph Mawn, 55, of Roosevelt Highway, Hamlin, is charged with DWI, driving while ability impaired by alcohol, speeding, and aggravated unlicensed operation, 1st. Mawn was stopped at 5:57 a.m. Monday on Route 33, Stafford, by Deputy Joshua Brabon.

Paula Deborah Bennett, 34, of Myrtle Street, Le Roy, is charged with DWI, driving with a BAC of .08 or greater, leaving the scene of a property damage accident, and moving from lane unsafely. Bennett was stopped at 2:32 a.m. Wednesday on Lake Street Road, Le Roy, by Deputy Mathew Clor.

Christina R. Armstrong, 32, of Main Road, Pembroke, is charged with petit larceny. Armstrong is accused of stealing from her employer, an undisclosed business at 412 E. Main St., Batavia (the Masse Plaza).

Rae C. Cook, 29, of Central Avenue, Batavia, is charged with criminal possession of stolen property, 5th, conspiracy, 6th, and resisting arrest. Cook was arrested following an investigation into the theft of items from a residence on East Main Street, Batavia.

Booker T. Ricks, 46, of Prune Street, Batavia, is charged with dog running at large. Ricks' dog allegedly attacked a dog in another yard that was properly leashed.

Sean M. Keem, 37, of Joseph Street, Cheektowaga, is charged with DWI, driving with a BAC of .08 or greater, and moving from lane unsafely. Keem was stopped at 8:19 p.m. May 9 on Ross Street, Batavia, by Officer Darryle Streeter.

Tyshon L. Taylor, of Morse Place, Batavia, is charged with menacing, 3rd. Taylor allegedly made comments to a person that he intended to kill that person. He then allegedly made a motion like he was going to hit that person but was stopped by a bystander. He was jailed on $2,500 bail.

Nicholas D. Culver, 22, of Batavia Stafford Townline Road, is charged with petit larceny. An 18-year-old (name not released) resident of Batavia Stafford Townline Road was charged with conspiracy, 4th. The two men were arrested by State Police for an incident reported at 11 a.m. Wednesday. No further details released.

There are few firefighters at age 23 who come into City Fire with a resume to match Ryan Hinz.

He's been a volunteer in Alexander since he was 16. He twice won Firefighter of the Year. He rose to the rank of EMS captain and won awards for his EMS work. He also won a chief's award.

Fire Chief Steve Napolitano said Hinz scored high on his civil service exam and his agility test and excelled at the fire academy.

Perhaps this isn't a surprise. He's the son of career firefighter Marty Hinz, currently a captain with City Fire, and the grandson of a firefighter who also served for several years as Genesee County's emergency coordinator.

Marty Hinz said he almost sees Ryan through his father's eyes.

"I remember when I joined the Alexander Fire Department and became chief down there and how proud my father was," Marty said. "And now I can empathize with his feelings, you know, just the look on his face -- now I understand where he was coming from and now I understand how proud he was. Now I'm just as proud of Ryan."

Napolitano was quick to emphasize that Ryan -- who is assigned to the First Platoon with Marty is assigned to the Third Platoon -- wasn't hired because he was Marty's son. He earned it.

"We're expecting big things from him," Napolitano said. "You know, he's got a good 30-year career out of here. We're expecting the same things that he's done from 16 to 23 to continue over the next 30 years."

Marty, understandably, but with good reason, thinks Ryan is qualified to be a career firefighter.

"Ryan has a certain pride, the intelligence, the humility that it takes to be a good firefighter," Marty said. "He's just a great kid."

Ryan said while he was inspired by his father to pursue a career in fire services, that isn't the only reason he took this career path.

"I like being able to help people," Ryan said. "I know that sounds like a cheesy response but it's just what I enjoy doing."

He said he is proud to follow in his father's footsteps and that serving an Alexander was a great experience that gave him a good idea what a career in firefighting might be like, plus, he said, he formed lasting friendships with his fellow volunteers.

Whatever inspired Ryan to become a career firefighter, Napolitano said it is what will make him an asset to the department.

"We're very fortunate in the fact that we have someone that has that internal desire to want to continue the family lineage and someone that it's not just a job for him," Napolitano said. "That is pretty much everyone in this department. It's a passion. It's not just a job. And that translates to the service delivery that we're able to provide. It's not just going through the motions. It's they live they breathe it and that they value the opportunity to work here. That translates to the service product that we're putting out there.

"To have Ryan, who, again, this is what he wants to do, this is where he comes from. It just enhances our service delivery."

Previously: 

• Photos: Alexander fire awards and officer installation​
• Alexander FD installs new officers, recognizes member accomplishments
• Photos: Alexander Fire's annual awards and installation dinner

Chief Steve Napolitano, Ryan Hinz, and Capt. Marty Hinz.

The first platoon: The new mentors for Ryan Hinz.

Jacqueline M. Saeli is indicted for the crime of third-degree arson. It is alleged that on Jan. 6 she intentionally damaged a building and a motor vehicle -- a shed on property on North Lake Road, in the Town of Pembroke, which contained a 2008 Harley-Davidson motorcycle. She allegedly did so by starting a fire or causing an explosion.

Nicholas G. Williams is indicted for the crime of burglary in the third degree, a Class D felony. It is alleged that on Dec. 30 he knowingly entered unlawfully into a building on Lake Street in the Town of Le Roy with the intent to commit a crime. In count two, he is accused of second-degree criminal content, a Class A misdemeanor, for allegedly intentionally disobeying or resisting the lawful process or other court mandate. In count three, Williams is indicted for the crime of resisting arrest, also a Class A misdemeanor, because he allegedly intentionally prevented or attempted to prevent an officer from arresting himself or another person.

Dartanyan A. Robinson is indicted for the crime of driving while ability impaired by drugs, as a Class D felony. It is alleged that on March 30 that he drove a 2004 Land Rover in the Town of Batavia on the eastbound state Thruway while his ability to do so was impaired by drugs. It count two, he is accused of the crime of driving while ability impaired by the combined influence of drugs or of alcohol and any drug or drugs, as a Class D felony. In count three, the defendant is indicted for the crime of aggravated unlicensed operation in the first degree, a Class E felony. It is alleged in count three that Robinson knew, or had reason to know, that his driver's license had been suspended or revoked for driving under the influence of alcohol or a drug when he drove the Land Rover on May 30. In count four, Robinson is accused again of first-degree aggravated unlicensed operation. It is alleged in count four that the defendant knew, or had reason to know, that his driving privilege had been suspended or revoked by the commissioner for refusals on multiple occasions to submit to a chemical test: on May 27, 1998; May 26, 2000; March 2, 2009; and Nov. 12, 2013. In count five, he is accused of speeding on March 30 in the Town of Batavia. In count six, the defendant is accused of the crime of circumvention of an ignition interlock device. It is alleged in count six that on March 30, the 2004 Land Rover he was driving was not equipped with an ignition interlock device, which he was required to have. In Special Information filed by the District Attorney, Robinson is accused of having been convicted: of the crime of DWI, as a Class E felony, on Oct. 31, 2000 in County of Niagara Court; of the crime of DWI as a misdemeanor on Feb. 21, 2013 in County of Niagara Court; and of DWI, as a Class E felony, on Dec. 15, 2014, in Monroe County Court. These three prior convictions form the basis for the suspensions or revocations referenced in count three of the current indictment; and the latter two convictions form the basis for the felony charges in counts one and two of the current indictment.

Jerome W. Amesbury is indicted for the crime of unauthorized use of a vehicle in the second degree, a Class E felony. It is alleged that on Jan. 26 in the Town of Bergen that Amesbury -- knowing he did not have the owner's consent -- took, operated, rode in or otherwise used a 2002 Buick Rendezvous.

Today is the day that residents of Genesee County are being asked to vote for school budgets and members of the board of education.

For the boards of education, we sent candidate questions to 17 school board candidates. Only four candidates answered the questions (noted below). For more information on rules aimed at silencing school board members see our story from yesterday Five school districts in Genesee County restrict speech for board members.

Here's available information for each district in Genesee County:

Alexander: Voters are being asked to approve a $17,704,810 budget with a tax levy of 6,154,675. Besides the budget, there are four other propositions on the ballot. There is one candidate for school board, Sara Fernaays, who did not respond to questions about her positions.

Batavia: From the district website: "The Board of Education, at their meeting on April 10, adopted a 2018-2019 school budget proposal to be brought to the Batavia residents for vote next month. The proposed budget presents a spending plan of $52,189,152, an increase of 4.65% over 2017-2018, but with slightly more than $2.1 million attributable to State aid through the Smart School Bonds Act. The projected tax levy increase associated with the proposal is slightly less than 2.4%. According to New York State's formula, this year's allowable tax cap for a simple majority vote in our District is 7.17%; the projected levy is 4.77% less than that cap." The school board candidates are Patrick Burk, Zachary Korzelius, and Shawna Murphy. None of the three incumbents responded to candidate questions.

Byron-Bergen: From the Byron-Bergen Newsletter: 2018-19 Proposed Budget The $22,998,010 proposed budget projects a 1.01% increase. The budget was balanced utilizing Fund Balance, Reserves, and various reductions in spending. The tax levy is at Byron-Bergen’s “allowable” tax levy limit (cap) of 2.77%. This will enable us to go out under law with a simple majority vote. There are two open school board seats and three candidates: Amy Mathisen, who responded to candidate questions, Deb List (Did not respond) and Bill Forsyth (Did not respond).

Elba: We couldn't find the district's budget information on its website. We were provided a link this morning. Here is a statement from the district's budget newsletter: "The proposed school budget for 2018-19 is in the amount of $9,720,931, an increase of approximately $447,000 (4.82%) over last year’s budget. Most of our increase will be reimbursed through an increase in State Aid and a local levy increase of $59,244 (2% over last year’s levy). " There is one candidate for school board, Candy Bezon, who declined to answer candidate questions.

Le Roy: The budget is $25,199,228 which is an increase of 2.77% or $678,510. The levy will increase by 2 percent, which is below the tax cap formula, and the rate will be $24.54. School board candidates are: William MacKenzie, Lloyd Miller, and Lawrence Bonacquisti. None of the candidates responded to our candidate questions.

Oakfield-Alabama: The school budget for 2018-19 is $20,250,350. There was no further information we could find on the district's website. There are two seats open on the school board and candidates are: Tim Edgerton (Click here for response), Lorna Klotzbach (Click here for response), and Douglas Esten (Did not respond)

Pavilion: We couldn't find budget information on the district's website. School board candidates are: John Banister (Did not respond) and Christopher Jeffres (Did not respond). UPDATE: We were told this morning the total budget is $17,485,851 and the proposed tax levy is $5,517,797.

Pembroke: The general fund budget is $22,284,632, an increase of $698,530 over this year. The proposed tax levy is $8,101,329. There is one school board candidate, John Cima, who did respond to our candidate questions (Click here for response).

For times and locations of polls, check with your school district.

Press release:

The Batavia Police Department is investigating an assault which occurred on 05/13/2018 at approximately 11:30 p.m. Four victims were located at the scene with varying degrees of injury. Three were treated at the hospital and released. The fourth has been admitted with serious injuries. Batavia Police are looking for any witnesses to the event.

Anyone with information in reference to the case may contact Detective Matthew Wojtaszczyk at 585-345-6357 or the Batavia Police Department at 585-345-6350, the confidential tip line at 585-345-6370 or online at http://www.batavianewyork.com/police-department/webforms/report-suspicious-drug-or-criminal-activity.

Photo: File photo.

Previously: Assault victim reported at Central and Jackson, Batavia

        Edward Perdue

Edward F. Perdue, 57, of Rome, is charged with burglary, 3rd, conspiracy, 5th, and petit larceny in connection with his arrest as the suspected burglar of Plaza Spirits in November. He is also charged with identify theft, 3rd, and petit larceny because he is accused of using a using a stolen credit card. In a third set of charges, Perdue is charged with burglary, 3rd, grand larceny, 4th, conspiracy, 5th, and petit larceny for his suspected role in the burglary of Mr. Wine & Liquor in August. Perdue is currently confined to the Mohawk Correctional Facility and following arraignment was released back into the custody of DOCs. (Previously: Arrest made in thefts from two local liquor stores.)

Morgan L. Cox Jr., 26, of Central Avenue, was arrested on a warrant for alleged failure to appear on traffic tickets. He had been cited for alleged unlicensed operation involving alcohol and speeding and driving without a license. He was jailed on $1,000 bail.

Rae C. Cook, 29, of Central  Avenue, Batavia, was arrested on a warrant for alleged failure to appear in City Court. She was held on $250 bail.

Thomas E. Brenkus, 50, East Main Street, Batavia, is charged with DWI and driving with a BAC of .08 or greater. Brenkus was stopped at 7:20 p.m. Saturday on Clinton Street by Officer Arick Perkins.

Tatiana C. Lugo, 23, no permanent address, is charged with criminal trespass, 2nd, and resisting arrest. Lugo allegedly refused to leave a residence on North Spruce Street, Batavia, at 10:40 p.m. Friday. She was jailed on $2,000 bail or $4,000 bond.

Paul C. Ferro, 23, of South Pearl Street, Oakfield, is charged with criminal possession of a controlled substance, 7th, possession of a hypodermic instrument, and aggravated unlicensed operation. Ferro was located on Central Avenue at 1:37 p.m. May 3 and allegedly found in possession of heroin and a hypodermic needle.

Michelle L. Misiak, 52,  was arrested on a warrant out of City Court. She was jailed on $250 bail.

Carolann Hyde, 61, of Burke Drive, Batavia, is charged with petit larceny. Hyde is accused of stealing from her employer, a business on East Main Street, Batavia.

Brian Anthony Knox, 34, of Quaker Road, Scottsville, is charged with DWI, driving while impaired by drugs, possession of a hypodermic instrument, and inadequate plate lamp. Knox was stopped at 10:22 p.m. Thursday on Townline Road, Bergen, by Deputy Austin Heberlein.

James Carl Davis, 28, of Eagle Harbor Road, Albion, is charged with DWI, driving with a BAC of .18 or greater, improper right turn, failure to obey traffic control device, and speeding. Davis was stopped at 2:39 a.m. Sunday on Lewiston Road, Batavia, by Deputy Joshua Brabon.

Christopher James Doxy, 33, of East Center Street, Medina, is charged with criminal obstruction of breathing, criminal mischief, 4th (preventing an emergency call), harassment, 2nd, and unlawful imprisonment, 2nd. Doxy was arrested following an investigation by Deputy Erik Andre reported at 11 a.m. Thursday at a location on Lewiston Road, Alabama.

John Paul Emilio Dougherty, 23, of Tracy Avenue, Batavia, is charged with DWI, driving with a BAC of .08 or greater, speed unreasonable, moved from lane unsafely, and driving left of pavement markings. Dougherty was arrested following an investigation by Deputy Jeremy McClellan into a vehicle accident on West Sweden Road, Bergen, at 2:20 a.m. Friday.

Michael John Romanowski, 45, of Green Leaf Meadow, Rochester, is charged with DWI, driving with a BAC of .08 or greater, refusal to take a breath test, and open container. Romanowski was stopped at a checkpoint on Lewiston Road, Alabama, at 8:07 p.m. Thursday by Deputy Jeremy McClellan.

Lovelle William Ince, 20, of 106th Avenue, Queens Village, is charged with two counts of criminal mischief, 4th. Ince allegedly punched a large hole in a wall and damaged a door at College Village in an incident reported at 4:21 p.m. on May 6.

Joseph Jonathan Kuzma, 38, of Byron Holley Road, Byron, is charged with grand larceny, 3rd, trespass, and criminal possession of stolen property, 5th. Kuzma was arrested by Deputy Ryan DeLong following an investigation into stolen property on Byron Elba Road. He allegedly stole property valued at more than $3,000. He was previously charged with petit larceny. He was also charged with trespass for knowingly and unlawfully entering and remaining on the premises. He allegedly knowingly possessed stolen property with intent to benefit himself in June 2016.

David W. Hockenberry, 30, of Tonawanda, is charged with driving while impaired by drugs, license plate violation, and moving from lane unsafely. Hockenberry was stopped at 5:40 p.m. Nov. 30, in Darien by State Police. He was arrested Friday. No further details released.

Mark A. Stoneham, 57, of Elba, is charged with DWI, driving with a BAC of .08 or greater, leaving the scene of a property damage accident, and moving from the lane unsafely. Stoneman was stopped at 8 p.m. Thursday in the Town of Pembroke, by State Police.

Terrence S. Morgan, 23, of Rochester, is charged with DWI, driving while impaired by drugs, unlawful possession of marijuana, driving without a license, aggravated unlicensed operation, and speeding. Morgan was stopped at 2:30 a.m. Saturday on Route 33, Byron, by State Police. As part of the traffic stop, Asiana I. Wedlow, 21, of Rochester, was charged with criminal possession of a controlled substance, 7th.

Robert A. Boyce, age 51 and a resident of East Pembroke, who was involved in an ATV accident at 8:16 p.m. yesterday has succumbed to his injuries at ECMC.

The investigation is ongoing but the Sheriff's Office states that both alcohol and speed are being considered contributing factors in the crash.

Boyce was riding his ATV on a trail near National Grid transmission lines about 200 yards off Hartshorn Road when he apparently failed to negotiate a turn.

Previously: East Pembroke resident seriously injured in ATV accident