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Travel advisory in effect for Genesee County

By Howard B. Owens

Sheriff William Sheron has issued a travel advisory for all of Genesee County because of current and forecasted weather conditions consisting of high winds and icy roads with possibly downed power lines and trees over the next 24 hours.

County highway superintendent advises residents to prepare for significant weather event

By Howard B. Owens

With as much as half an inch of ice accumulation in the storm the National Weather Service says is heading our way, County Highway Superintendent Tim Hens is recommending local residents treat this as a significant weather event and "stay put" for the night.

"Most of the area will be getting about half an inch of ice, which will be heavy enough to bring down trees and power lines," Hens said. "Combined with a strong northeast wind, which is opposite of our normal prevailing wind, there is likely to be major tree damage and sustained power outages.

"There is likely only a few hours left to gather last-minute supplies," he added. "After that, I would recommend staying put."

Unnecessary travel, he said, will only make matters worse for highway departments, emergency vehicles an utility crews.

He advises that those running generators use safe fueling and operating methods.

"Do not run a generator indoors under any circumstances," he said.

National Grid also sent out this advisory:

Storm Alert from the National Weather Service in Buffalo

In preparation for strong winds, freezing rain and ice accumulation across much of Upstate New York over the next 24 hours, National Grid has more than 2,000 line, service and tree workers on alert, including additional support from the company’s New England workforce and from neighboring New York utilities.

Crews are being deployed across upstate as needed, particularly in areas where the weather is expected to be the most severe. We urge customers to be prepared and remain safe.

Safety Tips:

  • Remember to never touch downed power lines; always assume they are carrying live electricity. Downed lines should be immediately reported to National Grid at 1-800-867-5222 or by calling 9-1-1.
  • Keep a number of working flashlights, at least one battery-operated radio and an extra supply of batteries in your home. Also, make sure to keep your mobile devices charged prior to an event.
  • Be sure to check on elderly family members, neighbors and others who may need assistance during an outage.
  • Customers who depend on electrically powered life support equipment, such as a respirator, should register as a life support customer by calling National Grid at -800-322-3223. (In a medical emergency, always dial 9-1-1.)

Stay Connected

  • Use your mobile device to track outage information, report outages and storm-related safety tips through National Grid's mobile site accessible at www.ngrid.com/mobile(m.nationalgrid.com).
  • To receive text message alerts and updates from National Grid, text the word STORM to NGRID (64743).

Convicted felon charged in Arby's armed robbery

By Howard B. Owens

Michael Piasta in  2010

More than seven years ago, Michael J. Piasta stood before Judge Robert C. Noonan and said he thought he could turn his life around.

"At this point, I just want to say I don’t feel that I’m hopeless," Piasta told Noonan before receiving a maximum state prison term of seven years for burglary. "Regardless of what happens today, I think I can make things better."

Piasta served the maximum term. He was released Oct. 24.

In March, he allegedly robbed the Arby's Resturant in Batavia. Today, he was arrested by Batavia PD with assistance from members of the Local Drug Task Force.

He is charged with robbery in the second degree, criminal possession of a weapon in the third degree, and grand larceny in the third degree.

He allegedly got away from the Arby's robbery March 23 with more than $6,000 in cash.

When he was arrested on West Main Street, three other individuals were in the truck with him. Batavia PD did not release any information on those individuals or whether they were charged with any crimes.

Piasta was jailed without bail following arraignment in City Court.

When he appeared before Noonan in 2010, Piasta already had a lengthy criminal record. 

On Nov. 5, 2010, Piasta entered a guilty plea to burglary, 3rd, and two counts of criminal possession of a forged instrument. Piasta also admitted that he broke into a business at 56 Harvester Ave., Batavia, and stole a credit card -- running up more than $500 in charges -- and checks. He attempted to forge the checks at two local banks.

That summer, Piasta was also accused of stealing DVDs from Pandora's Boxx and shoplifting from Wilson Farms.

BPD officer who shot robber in 1977 says 'don't let others second guess you'

By Howard B. Owens

The snowfall was pretty heavy just before midnight, Saturday, Dec. 10, 1977.  That hour was shift change for Batavia PD then and Officer Douglas D. Squires manned the only patrol car on the road in the city. He was parked at Main and Oak watching the green, yellow, and red lights change, swirls of big snowflakes fall, and any cars that might pass through the intersection.

Down the street, at Quik-N-EZ Food Mart, 40 Oak St., employees were about to close up for the night. The little shop had recently hired some new employees and Squires remembers that two or three times that week they had accidentally triggered the alarms while trying to get them set.

Carl Salway, the only law enforcement officer shot in the line of duty in Genesee County


A police-involved shooting is generally defined as a police officer discharging his weapon in the line of duty.

Based on a search of historical records and conversations with law enforcement professionals in the county who have worked locally for decades, it appears that Officer Doug Squires and Deputy Ryan Young are the only LEOs in Genesee County history to be involved in an officer-involved shooting.

It also appears that only once in Genesee County history has a police officer been shot.

In August 1921, Officer Carl Salway, Batavia PD, came within an inch of his life, literally.

That night, shortly after 10 p.m., he stumbled upon a burglary in progress of an auto storage warehouse owned by Raymond M. Walker at 241 West Main St., Batavia. 

Inside were Harold W. Pratt, 27, of 128 South Main St., Batavia, who owned a cider mill, and Earl Lee Smith, of Law St., Batavia, 27. 

Pratt shot Salway with a .45-caliber automatic pistol. The bullet passed through Salway's chest, just missing his heart.

Salway would eventually retire from the police department, but not before serving a suspension in 1931 for insubordination.

Squires, now 64, grew up in Batavia but graduated from Byron-Bergen High School. That night in 1977, he was more than a year into his five-year stint with the Batavia Police Department. He would go on to work security for Kodak before moving into sales and marketing with the company. As he moved up, Kodak moved him, first to Orlando, then Birmingham, then Atlanta, and eventually Charlotte, N.C., in 1989, where he lives in with his wife. 

He didn't realize until told today that what would transpire just before midnight that Saturday night in 1977 would stand as the only officer-involved shooting in Genesee County history until two nights ago.

As the minutes drew tighter toward midnight that night, a Batavia dispatcher informed Squires the alarm at the Quik-N-EZ Food Mart had gone off again.

Squires put his patrol car in drive and drove down Oak. As he approached, he turned off his lights. The store lights were on and the parking lot was empty.

As he pulled up, he remembered a news story out of Buffalo from a couple of days before. Two police officers had been shot and killed responding to a robbery alarm at the Holiday Inn by the airport.

"I remembered that when that alarm came in for that store, that incident came to mind and I thought I’m not going to just wheel in there and think they made a mistake and set off the alarm again," Squires said.

As he approached, he unholstered his revolver.

Peering in, he saw two female employees, Edwina Heschke, of Batavia, and Debbie Maskell, of Indian Falls, lying face down on the floor. Behind the counter, pulling money out of the cash register was a male in a ski mask.

The man in the ski mask turned out to be William M. Timoney, who was 34 at the time, recently released from Attica on parole, and a resident of Dewey Avenue. 

Squires pushed the door open, identified himself and yelled, "freeze."

Timoney looked at Squires, pointed his 14 shot .22 long rifle calibre handgun with a full magazine, at the back of one of the clerks and told Squires, "Pig, you get out of here or they’re both as good as dead."

"At that point," Squires said, "the gloves were off. He's threatening a third party with physical harm and possibly their lives."

Squires fired at Timoney and missed. Timoney ducked behind a counter, popped up again and Squires fired again, missing again.  

As the gun battle ensued, another Batavia officer, D.G. Kopper, arrived as back up.

When the perp's head popped up from behind the counter again, between the cash register and orange drink dispenser, Squires fired again. This time he caught Timoney in the face, the bullet hitting his cheek and ear.

"He was quite a mess," Squires said. "He lost his right ear. The shot picked him right up off the floor. The money went one way and the gun went another."

As Sheriff William Sheron noted today, police officers go to work every shift knowing this may be the eight hours where they get shot at or they may have to shoot another person.

Just because there have only been two incidents in Genesee County history, and now three, where an officer either shot someone or has been shot himself, doesn't mean it isn't an ever-present danger. Every chance encounter, when you're in law enforcement, can turn deadly with very little warning.

“Law enforcement officers go to work every day knowing that they may be required to sacrifice their own lives, or take the life of another human being in order to fulfill their obligation of protecting the citizens of our communities," Sheron said.

Two nights ago, Deputy Ryan Young faced the challenging decision of whether to fire his weapon after responding to a report of a disturbance and shots fired at the Log Cabin Restaurant in Indian Falls. As Young and other officers pulled into the parking lot, Keith Kent, 61, of Albion, fired another shot. Young and his colleagues yelled at Kent to drop his weapon. He didn't. Rather, Kent turned -- according to information available so far -- toward Young and pointed his pistol at him.

As Undersheriff Gregory Walker put it describing the incident while talking with reporters on Gilmore Road early Thursday morning, "Our officer did take the shot and the suspect was killed."

Timoney, the 1977 robber, was lucky. He lived. After he was shot, Squires and Kopper rushed to his side and cuffed him.

Timoney, who used a gun stolen from a home in Alexander, was treated at St. Jerome Hospital then hauled before County Court Judge Glenn R. Morton, charged with robbery in the first degree along with several other charges, then jailed without bail.

The district attorney in 1977 was Ronald L. Fancher. He settled on a plea agreement for Timoney, attempted robbery.  Timoney entered a  guilty plea and was sent to state prison for less than four years. He was released in 1982. By 1984, he was back in prison for an armed robbery in Queens, serving a maximum 15-year sentence. He was released in 2000.  In 2000, his name pops up in a couple of stories in the New York Daily News about homeless people in the city.

Squires described shooting Timoney as "a surreal experience." He was put on paid leave and he had to turn over his revolver for ballistic testing. 

"I had a lot of sleepless nights," he said. "It was quite an experience. Most police officers never even draw their weapons or let alone fire their weapons over a 20 or 30-year career. Here, I'm on the job for at most a couple of years and I run into something like this."

Eugene Jankowski, who served Batavia PD for more than 35 years, starting in 1978, was a corrections officer in the Genesee County Jail the night Squires shot Timoney.  He remembers Timoney coming into the jail with a big bandage on his ear.

Now City Council president, Jankowski is a firearms expert and led in the creation of the county's Emergency Response Team.

Even though Jankowski never encountered a situation that escalated into the need to shoot somebody, he faced many life-and-death decisions during his career. Training and experience are critical to helping officers handle the unexpected, he said.

"I’ve found scenario-based firearms and defensive tactics training, combined with state law and department policy, was the most beneficial to me," Jankowski said. "That, along with real-life experience helped me to physically and mentally prepare for many types of use-of-force encounters."

Squires said he thinks about Dec. 10, 1977, every time another police shooting hits the news.  

"Until you're a police officer and you go through it, there's really not much you can think about to know what it's like," he said.

His advice for Young or other officers who must fire their weapon at suspects: Don't second guess yourself.

"And don't let others second guess you. Just know that it's your job and you have to do what you have to do to defend yourself or innocent bystanders. You have to know what you did is right."

Deputy Ryan Young is identified as officer involved in Wednesday night's shooting at Log Cabin Restaurant

By Billie Owens

Press release:

Deputy Ryan W. Young has been identified by Genesee County Sheriff William A. Sheron Jr. as the officer involved in Wednesday night's shooting at the Indian Falls Log Cabin Restaurant.

Deputy Young is a six-year law enforcement officer who joined the Genesee County Sheriff’s Office in 2016.

Sheriff Sheron said: “Law enforcement officers go to work every day knowing that they may be required to sacrifice their own lives, or take the life of another human being, in order to fulfill their obligation of protecting the citizens of our communities. Deputy Young’s actions on Wednesday night did just that.”

ADDITIONAL INFO: Deputy Young was with the Le Roy Police Department prior to joining the Sheriff's Office. On Dec. 1, 2015, he distinguished himself at a crime scene on Seldon Road, Le Roy, where Kyle G. Johnson had already killed a neighbor and set his own house on fire as Young arrived on scene. After he arrived, Johnson fired in his direction toward a fire chief. Young immediately took command of the situation, took cover, instructed neighbors to seek shelter in their basement, and kept other responding units informed of Johnson's movements and whereabouts, even, while at times, under the threat of being fired upon. He received a Distinguished Service Award from Le Roy Chief Chris Hayward for his valor. Johnson was eventually taken into custody without further shots fired.

After the duty-related death of Deputy Frank Bordonaro in 2014, Young made rope bracelets with brass plates honoring Bordonaro and sold them to others in the law enforcement community to help raise funds to donate to Bordonaro's sons.

Earlier this year, Young received his first Commendation from the Sheriff's Office.

City's economic development director resigns to take new job

By Howard B. Owens

Press release:

The Batavia Development Corporation accepted the resignation of Julie Pacatte, economic development director in charge of economic development for the City of Batavia. Pacatte has accepted a position for a private-sector employer located in New York’s Capital District Region. 

“To say that she will be missed is an understatement, Ms. Pacatte was instrumental in a number of initiatives to improve the economic environment in Batavia,” said Pierluigi Cipollone, president of the Batavia Development Corporation. “She has advanced economic development in the city to new levels and facilitated more than $30 million in pledged investment into the city."

Pacatte was successful in leading the way to develop the Batavia Pathway to Prosperity (BP2), a first in the state PILOT Increment Financing (PIF) district that diverts new PILOT payments from three tax jurisdictions (City, School, and County) to develop the most blighted and impoverished areas of the city.

The program was developed following the city’s success in creating the Brownfield Opportunity Area and identifying sites primed for investment. These efforts lead to the attraction of $20 million investment pledge by Savarino Companies at the Ellicott Station brownfield site. 

Pacatte led efforts to craft the successful $10 million Downtown Redevelopment Initiative (DRI) application, was the driving force behind the BDC’s Public-Private Partnership, the freshLab restaurant incubator, as well as an administrator for loans and grants to aid new and existing businesses in the city.

She has helped bring the BDC to solid ground and advance our mission of new economic opportunities in the city of Batavia. The BDC still has much to do and will continue to work in the city helping small businesses, ensuring that the Savarino project can break ground this summer, working to advance development at Creek Park, assisting DRI project winners and working with all economic development partners in county and across the region. 

“Thank you, Ms. Pacatte for your passionate efforts to make Batavia a better place to work, live and play and I wish you continued success in your future pursuits,” Cipollone said.

Man shot at Indian Falls had history of feeling wronged by authorities but it's unclear if that contributed to incident

By Howard B. Owens

With police sharing few details, it's still not clear what led to a deadly confrontation between a 61-year-old Albion man and a Sheriff's deputy outside of the Log Cabin Restaurant last night.

According to sources, Keith Kent may have gotten into some type of argument after stopping at the restaurant for dinner while on his way home. The argument may have become physical and he may have been hit.

It's unclear what happened next, but a source said employees ushered themselves and customers into the basement once the disturbance started.

According to Undersheriff Gregory Walker, Kent was confronted by officers outside the restaurant at about 11 p.m. after receiving reports of shots fired. Walker said when officers first arrived on scene, Kent fired a shot. It's unknown what if anything he was aiming at. Officers, according to Walker, shouted commands at Kent but he did not obey them. When he turned toward a deputy and appeared to point his handgun at the deputy; the deputy fired at least one round that struck Kent and killed him.

Kent owned a logging business in Albion, Jordan River Logging, on Route 31A. According to news reports going back to the early 2000s, Kent was involved in disputes related to his business.

Orleans Hub reported today that Kent had complained in the past about how authorities handled his cases, including one where he was charged with felonies but a grand jury did not indict him following a hearing.

He was accused of taking far more trees than he was supposed to from a Barre woman. In an agreement, Kent was to take 40 trees but was accused of taking close to 200.

Kent, 61, complained to friends and neighbors, and in letters sent to newspapers, that he was wrongly prosecuted with the charges, hurting his reputation and business.

Kent also said his business was destroyed by the “Rutherford-Cain gang” from Niagara County, who were rival loggers. Kent in an email to the Orleans Hub on June 29, 2017, saying the two from Niagara County caused him “eight years of hell on earth, including vandalisms, thefts, arson and attempts on my life.”

According to a 2007 article in the Buffalo News, David Cain, then 38, was convicted in Federal Court of 17 felony charges, including racketeering, racketeering conspiracy, three extortions, two mail frauds, five arsons, three tamperings with witnesses, conspiracy to tamper with witnesses, and evidence tampering.

His brother, Christopher, and cousin, James Soha, were convicted of five felonies each, including racketeering.

David Cain was eventually sentenced to 55 years in federal prison.

In 2011, Kent sent a letter to several publications, including the Medina Journal-Register, accusing Orleans County District Attorney Joseph Cardone of using incidents stemming from the Cain criminal activity to "create" a crime against him, even though Kent has assisted in the prosecution of Cain.

He wrote:

Although the Grand Jury soundly rejected issuing an indictment for “timber theft,” through highly suspect means, a lesser indictment was obtained against me. Judge Punch swiftly ruled to dismiss all charges, stating, “... the evidence before the Grand Jury was legally insufficient.”

Adding,

What was your true motive, Cardone, had I not just handed you the key witnesses that gave you no alternative but to indict David Cain Jr., who was later sent to federal prison for 55 years? I had essentially rid Western New York of the worst gang of criminals in the last century after enduring a living hell at their hands. Until I brought you the witnesses and gave you no choice, I received no help at all from you. Was my arrest your attempt to destroy my name and all I’ve worked for because I embarrassed you into doing your job?

Kent sued Cardone and lost, with a court ruling that Cardone had "absolute immunity."

For Kent, the dispute seems to have remained unresolved, according to Orleans Hub:

Kent in his email to the Orleans Hub said he was terrorized for eight years while law enforcement did nothing to protect him or his family. He said he was treated “shamefully” by District Attorney Joe Cardone, the U.S. Attorney’s Office and the U.S. Marshals.

The Batavian's news partner 13WHAM was able to conduct a short phone interview with Keith Kent's older brother, Gary, who described Keith as a family man who loved his children. He had a wife, two adult children, and four grandchildren.

Previously:

Oak Street teen accepts plea deal in Highland Park assault case, faces up to four years in prison

By Billie Owens

A 16-year-old resident of Oak Street in Batavia accepted a plea deal this afternoon that could result in a term of one-and-a-third to four years in prison.

Lionel J. Anderson Jr. was facing a Class D violent felony count of second-degree assault stemming from an altercation on Highland Park, Batavia, during the evening of Nov. 28. The charge was downgraded today under a plea agreement, offered for Judge Charles Zambito's consideration, to a non-violent Class E felony of attempted second-degree assault.

The Oklahoma native, who finished the 10th grade of high school, accepted responsibility in Genesee County Court this afternoon for injuring a 13-year-old victim who 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."

Zambito ordered a pre-sentencing investigation, and sentencing is scheduled for 9:15 a.m. on May 21. Meanwhile, Lionel remains in custody on $25,000 bail.

It was unclear if other charges initially filed in the case are still pending in Batavia City Court -- one count of harassment and two counts of endangering the welfare of a child.

Lionel's attorney, Michael Locicero, asked if the plea agreement would resolve any pending charges.

District Attorney Lawrence Friedman said he could not agree "sight unseen" that additional charges pending for Locicero's client would be satisfied by the plea agreement at hand. But the DA did pledge that the plea satisfies all charges for the defendant in this case, involving this victim, pertaining to the Nov. 28 incident.

Lionel -- handcuffed, wearing faded orangish sweat pants, a bright orange jail shirt, long-sleeved thermal undershirt, white socks and tan slides -- fidgeted as Zambito explained what the plea meant. Slightly built and about 5'7", he answered "yes," softly, when asked if he understood the terms.

Man shot by deputy at Log Cabin was looking for a fight according to early reports from the scene

By Howard B. Owens

UPDATE 11:40 a.m.: The name of the man shot is Keith A. Kent, 61, of Albion.

A man who was shot and killed outside the Log Cabin Restaurant late last night was causing a disturbance inside the establishment, according to Undersheriff Gregory Walker, and said at one point, "where are the police?"

The man was challenging people inside the restaurant to a fight, trying to convince them to meet him outside, Walker said.

Deputies were dispatched to the restaurant a little before 11 p.m. for the disturbance and while in route were informed of the reports that shots where fired.

“The officers were given a description of the subject who had the handgun," Walker said during a press conference this morning at the Sheriff's Office on Park Road. "When they arrived in the parking lot they saw a subject who matched the description and also when they arrived there was a shot that was fired as officers arrived on scene.”

Officers shouted numerous commands for the subject to drop the weapon, Walker said.

"He did not comply and the officers had to shoot and did kill the subject," Walker said.

The name of the deceased has not been released yet pending notification of his family.

Walker said the man did turn and point his gun at a deputy.

Walker confirmed that deputies were wearing body cams and body cams were recording at the time of the events. That video footage is still under review.

He couldn't say, with the limited information still available, how many officers -- including state troopers and possibly Batavia PD -- were on scene at the time of the shooting.

While it appears there were shots fired inside and outside the restaurant that hasn't been confirmed yet through the investigation. 

Walker said he could not say yet how many shots were fired, either by the subject or by police.

The type of handgun used by the subject was not released nor was information released about whether it was legally owned, by whom and whether the subject had a permit. 

Since the shooting involves a member of the Sheriff's force, there will be an independent investigation of the shooting.

While the name of the deputy involved hasn't been released, Walker said, “He’s doing OK considering the circumstances. We will be spending a lot more time with him and helping him out to get through this circumstance.”

Major Edward Kennedy, State Police, Troop A, said the investigation will be conducted just like any other investigation -- the forensic evidence will be gathered, evidence reviewed and witnesses interviewed.

“I understand your questions," Kennedy said. "They’re relevant. They are absolutely understandable but they are things we cannot comment on. This is currently an active crime scene. We are in the very early stages of an investigation. This is a tragedy for everyone. That is the best we can give you right now.”

Previously: Man shot and killed after pointing handgun at deputy outside Log Cabin Restaurant

UPDATE: Deputy shoots and kills armed suspect at Log Cabin Restaurant

By Billie Owens

Local law enforcement and county coroners are on scene at the Log Cabin Restaurant in Indian Falls.

A report of shots fired there was dispatched at about 11 p.m.

The road is blocked and no one is being admitted. The location is 1227 Gilmore Road.

As of 11:50 p.m., a county coroner was allowed in and other responding medical personnel were told to leave.

At about 11:58 p.m. a second county coroner arrived.

UPDATE 12:07 a.m.: First District Attorney Melissa Cianfrini just arrived on scene.

UPDATE (By Howard) 1:24 a.m.: Undersheriff Greg Walker has confirmed that a deputy shot and killed an armed suspect after the man turned and pointed his gun at him outside the Log Cabin Restaurant. (Story)

Law and Order: Man jailed on bail after allowing protected person to stay at his residence

By Howard B. Owens

Jordan S. Thomas, 19, of Elm Street, Batavia, is charged with criminal contempt, 2nd. Thomas allegedly violated an order of protection by allowing the protected party to stay at his residence for several hours on Monday. Thomas was jailed on $1,000 bail.

Octavio Michael Tardy, 52, of Walnut Street, Batavia, is charged with harassment, 2nd. Tardy allegedly shoved another person during an argument at 1:22 p.m. March 25 at a location on Main Street, Batavia.

Amy M. Gasper, 45, of Webster, is charged with petit larceny. Gasper is accused of a theft in the Town of Batavia at 9:53 a.m. on April 4. She was arrested by State Police on Tuesday. No further details released.

Grand Jury: Woman allegedly jumped bail, failed to appear in county court on felony charge

By Billie Owens

Serena L. Snyder is indicted for the crime of bail jumping in the second degree, a Class E felony. It is alleged that she did not appear personally on Sept. 26 in Genesee County Court as ordered after having been released from custody on the condition she would do so, nor did she voluntarily appear in court within 30 days thereafter. She was to appear in court in connection with an unspecified felony charge against her.

Steven Obara is indicted for the crime of driving while intoxicated as a Class E felony. It is alleged that on Oct. 8 in the Town of Pembroke that Obara drove a 2007 Jeep on Route 33 while he was intoxicated. In Special Information filed by the District Attorney's Office, Obara is accused of having been convicted of driving while intoxicated, as a misdemeanor, on Feb. 1, 2011 in the Town of Elma in Erie County. That conviction was within 10 of the commission of the crime alleged in the current indictment.

One of county's new fees for weights and measures blocked by state regs

By Howard B. Owens

An effort to reduce the cost of the county's Weights and Measures program and generate new fees to help cover the costs of an inspector's duties got sidetracked last month when county officials found out state law wouldn't allow them to charge one of the fees on the new fee schedule.

It's called a "witnessing fee." It is charged when an inspector works at a facility with a third-party to certify the scales of a company that uses large equipment. The third-party calibrates the large scale when the county doesn't have its own equipment to calibrate large scales. The inspector must witness the work and place the seal on the equipment once it is certified as accurate.

Under Article 16 of the Ag and Markets Law, the county can charge this fee but another section says they can only charge a witnessing fee if it owns the calibration equipment.

Genesee County does not own this equipment and works with a company from Rochester to perform the inspections.

The County Legislature approved a plan at the beginning of the year to eliminate Weights and Measures as its own county department with its sole employee, the director of weights and measures. The division is now part of the County Health Department, under Director Paul Pettit, and the county's weight and measures "director" is a director in title only.  He is the inspector.

In January, the county hired an inspector and teamed him with a trainer from weights and measures. At his first large job, a firm in Genesee County that asked not to be identified, the inspector informed the owner he was going to charge the witnessing fee. The new inspector was told by both a rep from the Rochester firm and the owner of the local company that the fee wasn't legal.

That evening, the new inspector told his local supervisor that he couldn't charge the fee. The following day, a Friday, there was a snowstorm and the inspector says he was told he could stay home with his kids.

On Monday, the inspector was dismissed from his job. He said he believes it was because he refused to charge the witnessing fee. He said the official reason was he was given was an "attendance problem" but he doesn't believe he had an attendance problem.

Pettit said he can't discuss personnel issues.

He did acknowledge that it was through the inspection at the local company that the county was made aware of the contradiction in state law over the witnessing fee.

Pettit said the county has not charged the fee nor has it collected the fee. The dismissed inspector said he handed a bill with the witnessing fee to the local business owner. The owner said he refused the bill.

Pettit said the county and its attorneys are working with state officials to try and resolve the issue over witnessing fees, which a spokesperson for Ag and Markets confirmed, but Pettit thinks it will take a change in the state regulations in order for Genesee County (and Orleans County) to be able to charge a witnessing fee without owning its own equipment.

"This witnessing fee allows us to recoup some of the time spent out on the site by our director," Pettit said. "He might be out there two, four, six hours, depending on the intricacies of the test. If we're not able to collect the fee, the full cost of that test is being borne by the taxpayer."

Genesee County catches second wave of flu season

By Howard B. Owens

As County Health Director Paul Pettit anticipated, there are a few more cases of flu reported locally after a sharp decline from the peak of the season in February.

It's too soon to tell, Petit said, how strong this second wave of cases will be.

"Until we get the next report, we're not sure if it's going to go back down or back up," Petit said.

For the week ending March 31, there were 23 reported flu cases in Genesee County, up from just 13 the week before.

Statewide, the trend is also toward a second wave of flu cases.

"It’s very typical in most seasons, have a peak and then numbers will tail off but then usually there is a second wave," Petit said. "It's usually not expected to be as prevalent."

In total for Genesee County, there have been 683 flu cases reported this season. Petit said typically we would have from 150 to 200 flu cases.

"It's never too late to get a (flu) shot," Petit said; however, he urged people who start to have flu-like symptoms to try and avoid contact with other people and if they take an antiviral medication such as Tamiflu, that will help.

Law and Order: For third time, man accused of pulling fire alarm at DePaul

By Howard B. Owens
      Jonathan Balaz

Jonathan P. Balaz, 41, of East Main Street, Batavia, is charged with falsely reporting an incident, 2nd. Balaz is accused of pulling the fire alarm at DePaul Properties, 555 E. Main St., Batavia, at 4:37 p.m. Friday when there was no fire or another emergency. (Balaz was recently arrested on two similar accusations.)

Rachael Marie Lochner, 23, of Janice Drive, Rochester, is charged with: felony DWI (driving drunk with a child less than 16 in the vehicle); driving with a BAC of .18 or greater; failure to keep right; and moving from lane unsafely. Lochner was involved in an accident on South Street Road, Pavilion, at 1:41 p.m., April 4. Her vehicle reportedly left the roadway and struck two fences, causing property damage, to two other vehicles and a building. The accident was investigated by deputies Andrew Mullen and Kevin McCarthy.

Rueben O. Walker, 33, of Ellicott Street, Rochester, is accused of criminal possession of stolen property, 4th, and criminal impersonation, 2nd. Walker is accused of using a debit card belonging to another person, claiming he knew the person but did not have permission to possess or use the card. He was jailed without bail.

Shaquille Levon Davis, 25, of Main Road, Stafford, is charged with criminal mischief, 4th. Davis allegedly damaged a door during an argument at a residence on Highland Park at 2:45 p.m., Thursday. He was ordered held on bail.

Robert D. Griffin Sr., 39, no listed address, is charged with criminal contempt, 2nd. Griffin is accused of violating an order of protection at a location on Manhattan Avenue at 7:50 p.m. Saturday.

Antonio M. McKinney, 43, of Gibson Street, Buffalo, is charged with DWI. McKinney was arrested after Officer Christopher Lindsay responded to Speedway at 4:24 p.m. Saturday to investigate a report of a larceny. Upon investigation, it was determined that McKinney allegedly drove to Speedway in an intoxicated condition. He was jailed without bail.

Kevin Angel Rivera, 23, of Richmond Terrace, Staten Island, is charged with harassment, 2nd. Rivera is accused of pushing another person and punching that person in the face during an argument at College Village at 4 p.m. Sunday.

Multi-agency training allows officers to practice active threat scenarios together

By Howard B. Owens

Dealing with active threats is the focus of two weeks of training hosted by Batavia PD in a vacant building at the NYS School for the Blind.

Officers from Batavia PD, the Sheriff's Office, State Police, and Probation are participating.

It's unfortunate, said Chief Shawn Heubusch, that these days, officers have to be ever ready, either on their own or as part of a team, to deal with somebody who is threatening the lives of other people.

"We learned a lot from the situation at Columbine," Heubusch said. "It used to be, surround, create a perimeter, wait for the cavalry to arrive, and then go in. That is no longer the norm. If there is an active shooter or active threat going on, you may be the first officer there, you may be the only officer there, but you’re going in and you’re going to take care of that threat to the best of your ability.

"That thinking has changed dramatically from the early or late '90s when these situations, unfortunately, became more prevalent."

The purpose of multi-agency training is to ensure all officers who respond to an active threat situation have gone through the same training because in a small county where law enforcement resources are limited, officers from agencies will be working together.

"We’re not a big huge department," Heubusch said. "We don’t have a 100 cops on the force. We don’t have 50 cops on the street at any given time. There may not be even 50 officers in the county, or less than that, at any given time, so you’re going to get what shows up."

In the training scenarios, officers from different agencies are working side by side as much as possible so they're learning the same tactics at the same pace.

"You just never know who is going to be available in a given situation and you’ve got to be familiar with tactics and on the same page," said Officer Marc Lawrence.

The training consists of classroom instruction followed by walk-throughs of techniques using simulated weapons and then "force-on-force" training, where offices are using weapons with clips filled with paintballs.

That's perhaps the most valuable training both Heubusch and Lawrence said and something officers don't get often through the normal course of training.

"When you go through the academy or you go to the range, it’s kind of a static environment," Heubusch said. "You’re shooting for the seven-yard line or the 15-yard line or something like that. This puts you in a real-life scenario situation where your energy is up, your adrenaline might be pumping a little bit. (Force-on-force) gives you more of a real-life look at things."

There's a price to pay, which keeps you on an edge, when there are real projectiles flying, Lawrence said.

"You may get shot with a simulation round," Lawrence said. "They hurt. They leave welts. And you get shot if you don’t do your job as a police officer. If you don’t clear a room properly, you may get shot."

Law and Order: Batavia resident charged with harassment, unlawful imprisonment

By Howard B. Owens

Patrick S. Rumble, 31, of Hutchins Place, Batavia, is charged with harassmen,t 2nd, unlawful imprisonment, 2nd, and criminal mischief, 4th. Rumble allegedly pushed another person multiple times and prevented that person from leaving a residence and from contacting emergency dispatch during an incident at 4:11 p.m. Wednesday at a location on Hutchins Place, Batavia.

A 17-year-old resident of Hutchins Place is charged with trespass. The youth allegedly entered a residence on Hutchins Place at about 4 p.m. Wednesday after being told to stay away from that residence.

Arnold John Oberlander Jr., 54, of South Pearl Street, Oakfield, is charged with unlawful possession of marijuana and aggravated unlicensed operation, 3rd. Oberlander was stopped at 8:29 a.m. Thursday on the I-490 in Le Roy by Deputy Matthew Bailey.

UPDATED: Two men who reportedly fled police get to meet K-9 'Destro'

By Howard B. Owens

Two men who reportedly led law enforcement in Livingston County on a chase and were later spotted by a deputy in Genesee County allegedly tried to flee on foot after a one-vehicle car crash at Route 262 and Bank Street Road in Byron at 4 a.m.

Their effort led to a manhunt, joined by Deputy Chris Erion and K-9 "Destro." As a result, both men required treatment at UMMC for dog bites, according to Chief Deputy Joseph Graff.

One of the men apparently had a prior stomach injury and was reportedly throwing up blood at the scene. As of this afternoon, he was still a patient at UMMC. The other man, Michael Collier, 45, of Rochester, was arraigned this morning on charges of criminal possession of stolen property, fleeing a police officer, 3rd, reckless driving, and aggravated unlicensed operation, 3rd.

Charges are pending against the man still in the hospital.

Graff said the incident started after Sheriff's dispatch was notified of a chase in Livingston County.  

A deputy spotted a vehicle matching the description of the Livingston County vehicle but did not initiate a chase. Instead, the deputy followed the vehicle.

It crashed at Bank Street Road and Route 262 in Byron and the occupants tried to flee. 

Erion and Destro were dispatched to the scene. One subject was captured quickly and the other remained on the loose for a little while. When each of the subjects was found, Destro initiated a bite and hold to help incapacitate them so they could be taken into custody.

Graff said the bite injuries were not serious.

UPDATE Friday, 10 a.m.: Additional information has been released by the Sheriff's Office. The suspects were pursued in Livingston County after a report that they were involved in a theft of merchandise from a department store in Geneseo. It was Deputy Jeremy McClellan who first observed their vehicle on Route 5 in the Town of Batavia. The suspects fled and crashed at Route 262 and Bank Street Road. State Police and Batavia PD assisted in the search of the area. Collier's passenger has been identified as Gary L. Weese, 44, of West Avenue, Medina. He is being charged with criminal possession of stolen property in the 5th degree. He remains hospitalized for health issues unrelated to the incident. Bail for Collier was set at $50,000.

(Initial Report)

YWCA's daycare program will reopen Monday with all the same services at the same locations

By Howard B. Owens

Good news for parents who have depended on the YWCA for after-school child care -- the YW's program will be running as normal at all locations starting Monday.

The Children's Center at the County Courthouse will also remain open.

Earlier this week, the YW announced that because of financial difficulties, all programs and services were being terminated immediately.

Executive Director Millie Tomidy-Pepper has been working the phones to find ways to keep vital community programs going and staff from the YWCA in Niagara County rode to the rescue yesterday.

According to board members Roula Alkhouri and Patti Michalak, staff from the YW in Niagara visited 301 North St., Batavia, yesterday and provided the help needed to get the necessary vouchers filled out to keep the funds flowing from the state to pay for the daycare program.

Parents can expect that by Monday everything with YWCA-provided daycare will be back to normal.

The Batavian was speaking with Alkhouri and Michalak at the YW's office while Tomidy-Pepper was in a meeting with a staff member when a pair of parents walked in to confirm the news, which was sent out this afternoon to parents in the program in an email, that the daycare program was saved.

They said all of the current board members and Tomidy-Pepper have been working hard to save YW programs and bring the 108-year-old Genesee County chapter of the YWCA back from near extinction.

"We don't want this to go under and it's not going to go under," said Michalak, who became a board member two weeks ago.

She said Tomidy-Pepper has been putting in 12 hour days both to save programs and to save the YW.

There has been a tremendous outpouring of support from the community, they said.

The Crisis Care Hotline will also continue but outside of the YWCA. The Crisis Care Hotline call center in Niagara County started today receiving calls to the Genesee County number.

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