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     Marlek Holmes

Unless sexual predator Marlek Holmes violates the deal he made today, we shouldn't see him in Genesee County for a long time.

Holmes, who missed the start of a trial date earlier this week after corrections officers wouldn't transport him from Auburn to Batavia, agreed today to drop all his appeals in exchange for consecutive five-year prison terms on his assault convictions and the potential dismissal of his indictments on charges of 2016 of failure to register a change of address as a sex offender.

We also learned today why prison officials wouldn't transport Holmes from Auburn to Batavia until Monday, Tuesday or Wednesday. In preparation for his transport, he was placed in a chair that is also a metal detector. It's capable of detecting a metal object inside a human body up to six inches deep. If such an object is detected, District Attorney Lawrence Friedman said, the inmate is placed in solitary confinement and monitored to see what, if anything, comes out.

"Today they would have run him through that process again, and obviously the fact that he was here meant that he cleared the test," Friedman said. "But that's why he wasn't here for the trial because they are they are not able to transport somebody until they resolve the situation because obviously, it could be could be drugs, could be a weapon, could be a key, and they can't, for safety, they just absolutely cannot transport the person."

With Holmes cleared for transport today, Judge Charles Zambito scheduled a hearing on whether Holmes qualifies as a persistent violent felony offender, which, if Zambito made that finding, Holmes could have faced longer consecutive prison sentences on his assault convictions.

Before the start of the hearing, Fred Rarick, attorney for Holmes, asked to approach the bench. He informed Zambito his client was ready to accept a deal previously offered by Friedman.

After the hearing, Friedman talked about the need to secure a long sentence for Holmes.

"He has an unbelievably extensive criminal history involving a lot of serious crimes and that's why we took this all very seriously," Friedman said. "That's why he's now serving 25 years."

Finalizing the details of the agreement was a long process for Zambito to wade through -- the legal language and process and paperwork -- but Holmes, who a week ago used foul language in court, was in seeming good spirits and smiled and nodded a few times as he spoke quietly with his attorney.

In the 20-year period from 1995 to 2015, Holmes, now 43, spent most of his adult life -- 15 years -- in state prison. His 1995 conviction was for criminal possession of stolen property, 4th. Then in 2001, he was convicted of sexual abuse. In 2011, he was accused of sending sexually explicit photos to a girl.

Back in Batavia in 2015, he was soon charged with failure to register a change of address as a sex offender. He was charged again in 2016.

In 2016, he was also charged with sexual abuse, a charge that eventually led to a guilty plea (he was facing a possible life sentence) and a 15-year prison term.

In 2017, he was tried on two counts of assault in the second degree for assaults of fellow inmates in the Genesee County Jail and on criminal mischief for damaging jail property. A jury convicted Holmes on all counts.

It was those convictions that prompted the need for a hearing on his persistent violent felony offender status.

Friedman agreed that Holmes is one of the most hardened criminals he's prosecuted during his career.

"I would say, yes," Friedman said. "Not only because of the number of crimes he has been convicted of and the number of state prison sentences he has served, but also because of the nature of some of these crimes, the sex offenses."

Today, Holmes stipulated that he would drop his pending appeal on his sexual abuse conviction and not appeal his assault conviction or sentence. Legally, he can still proceed with appeals, but if he does, Friedman will be able to bring him back to court and start again on a trial on the failure-to-register charges.

Holmes also stipulated that he is second violent felony offender.

The agreement could also mean the dismissal of a pending misdemeanor indictment on a count of criminal contempt.

Near the end of the proceedings, as Zambito proceeded with the standard language that Holmes has 30 days to file a notice of appeal, Rarick was clear with his client and the court that if he files a notice of appeal, or anybody does it on his behalf, the deal falls apart and Holmes will be back in court facing the pending indictments on failure to register and criminal contempt.

With a total of 25 years in prison terms, Holmes could be eligible for parole after 2038. When he is paroled, either in 2038 or later, he will be on parole for 10 years.

      Marlek Holmes

Whatever kept Marlek Holmes at the Auburn Correctional Facility on Monday, also kept him there on Tuesday and again today, so there will be no trial of Holmes this week on charges that he failed to register a change of address as a sex offender in 2016.

District Attorney Lawrence Friedman said he won't comment on whatever it is that is keeping Holmes on Auburn until after the issue of his pending jury trial is resolved one way or the other.

For the first three days of the week, the status of the trial was day-to-day, but once it was determined Holmes wouldn't be in Batavia today, the jury pool for this week was released from duty.

Holmes is serving a 15-year prison term on an attempted criminal sexual act in the first-degree conviction. 

He has yet to be sentenced on a jury trial conviction on charges of two counts of assault in the second degree and criminal mischief.

As a prelude to his sentencing on that conviction, there needs to be a hearing on whether Holmes qualifies as a persistent felony offender. If Judge Charles Zambito rules he meets the criteria, it could mean a longer prison term on the assault convictions. 

"Whenever we get him here, we will proceed with the persistent felony offender hearing and then determine what we are going to do regarding the case that was supposed to be tried this week," Friedman said. "We have no idea whether we will have him here this week, next week, or sometime later."

Genesee County is not immune from one of the worst outbreaks of flu in New York on record.

Health Department Director Paul Pettit said there have been 149 confirmed cases of flu in Genesee County so far this season, compared to just 38 at this point last year.

"This type of increase has been seen across the state and country," Pettit said.

Across the state, there were 6,083 flu cases reported according to the state's Department of Health. There were 1,606 people hospitalized with confirmed cases of the flu in New York. That's the highest number recorded since the state started tracking flu cases in 2004.

There have been no flu-related deaths reported in Genesee County, Pettit said.

Across the nation, 30 children have died as a result of the flu, and the majority of those children were probably not vaccinated, the CDC reports. Adult flu-related deaths are generally not reported and tracked.

Dr. Dan Jernigan, director of the influenza division at the Centers for Disease Control and Prevention, said he's concerned that early reports that the current vaccine is only 10 percent effective may have misled people into thinking they shouldn't bother with the vaccine. 

Even if the vaccine doesn't prevent a person from contracting a specific flu strain, it does lessen the severity of the symptoms and can help avoid hospitalization. The current vaccine does protect against multiple strains of flu. Flu shots also helps prevent the spread of the flu, especially to vulnerable people such as children and the elderly.

Pettit encouraged local residents to get vaccinated soon.

"The season typically peaks by the end of February, so we are still strongly encouraging folks to get the flu shot," Pettit said. "It remains the best protection for yourself and others and getting the shot often helps reduce the severity and duration of the flu if you do get it."

      Anthony Miraglia

Anthony L. Miraglia, 18, of Byron, is charged with sexual abuse, 3rd, unlawful imprisonment, 2nd, forcible touching, and endangering the welfare of a child. State Police Bureau of Criminal Investigations investigated multiple reported incidents in Genesee County from May 2016 to July 2017. The victims ranged in age from 15 to 17 at the time of the alleged incidents. Miraglia was released on his own recognizance. Investigators believe there may be other possible victims. Anybody with information is asked to contact the State Police at (585) 344-6200.

Winston Ashton Lockhart Sr., 22, of Hutchins Street, Batavia, is charged with assault, 3rd, aggravated criminal contempt, criminal mischief, burglary, and strangulation, 2nd. At 1:39 p.m., Jan. 16, officers were dispatched to a residence no Holland Avenue to investigating a complaint that Lockhart had violated an order of protection. Upon further investigation, officers determined Lockhart allegedly committed numerous crimes and had left the scene. Lockhart was located at the Genesee County Courthouse and placed under arrest. He was jailed without bail.

Matthew Wesolowski, 23, of Burrough Road, Cowlesville, is charged with aggravated unlicensed operation, unregistered motor vehicle, and unlawful possession of marijuana. Wesolowski was stopped at 9:17 a.m. Thursday on Liberty Street by Officer James Prusak.

Michael D. Smith, 18, of Pearl Street, Batavia, is charged with DWI, driving with a BAC of .08 or greater, and inadequate headlights. Smith was stopped at 9:01 p.m. Jan. 16 on West Main Street, Batavia, by Sgt. Chris Camp.

Jaequele M. Tomlin, 23, of Central Avenue, Batavia, is charged with criminal mischief, 4th, and assault, 3rd. Jaequele allegedly attacked another person and damaged property belonging to that person in an incident reported at 11:14 a.m. Saturday. Tomlin is being held in the Genesee County Jail.

Kurt M. Golata, 37, of Oakfield, is charged with harassment, 2nd. Golata was arrested by State Police in relation to an incident reported at 5:50 p.m. Monday in Oakfield. No further details released.

Marlek Holmes

County Court should have been filled with prospective jurors this morning, ready to be considered for a seat in the jury box in the trial of the People vs. Marlek Holmes on a charge that he failed to register a change of change of address in 2016.

Instead, the courtroom was empty while County Court Judge Charles Zambito, District Attorney Lawrence Friedman, and Fred Rarick, representing Holmes, met in chambers.

When they came out, all Friedman said he could say was that the jury selection would not start today because Holmes was not transported from Wende Auburn Correctional Facility where he is currently being held. Friedman said he could not discuss why Holmes was not transported.

The court will try to start the trial tomorrow, and if it doesn't, officials will try again on Wednesday.

Friedman said that if the trial doesn't start by Wednesday, it's too late for this week.

There is also a hearing scheduled for tomorrow on whether Holmes qualifies as a persistent violent felony offender for the purpose of sentencing on his jury trial conviction on two counts of assault in the second degree and criminal mischief. Holmes assaulted a fellow inmate at the Genesee County Jail.

For that hearing to proceed, Holmes will need to be present.

Holmes, 43, is already serving a 15-year prison term on an attempted criminal sexual act in the first-degree conviction. 

He was already a registered Level 3 sex offender.

Last week, Holmes was in court and reportedly used profanity during the proceedings. 

In his appearance before that, Holmes sought a delay in his trial, because, he said, being in transit between prisons meant he didn't have access to all of his paperwork and to a law library. Zambito denied the request.

CORRECTION: Holmes is currently being held at Auburn. He was scheduled to be transferred to Wende during the trial.

  Quamane Santiago     Jaequele Tomlin

An ad posted to Craigslist of a car for sale in Batavia was really just a scam to rob potential buyers, police alleged, and two local men have been arrested and charged with conspiracy in the fourth degree.

In custody are Jaequele M. Tomlin, 23, of Central Avenue, Batavia, and Quamane J. Santiago, 19, of Main Road, Stafford. 

They were arrested on Sumner Street in Batavia following an investigation by Batavia PD and the Local Drug Task Force.

When they were taken into custody, both reportedly possessed replica firearms.

The alleged scam came to light after concerned citizens alerted police to the post and the suspicious behavior of the sellers.

Tomlin and Santiago were arraigned in City Court and jailed without bail.

Tomlin was also arrested on a warrant for criminal mischief and assault. 

Additional charges are pending for both suspects.

Police ask that anybody who responded to a suspicious vehicle for sale ad in the City of Batavia to contact Det. Sgt. Kevin Czora at (585) 345-6311.

"The public should be aware of these types of scams, and report any suspicious activity to their local authorities," Police said in a statement. "When making transactions of these types, it is encouraged that you meet in a very public location, including local police departments."

As the County wraps up expenses related to the sale of the Genesee County Nursing Home, officials expect to have about $17 million available for funds dedicated to infrastructure, including roads and bridges.

"That's what we said we would do with the money and that's what we're doing," said Marianne Clattenburg, chair of the Ways and Means Committee at yesterday's meeting.

It looks like the proceeds of the $15.2 million sale of the nursing home to Premier Healthcare Management LLC is $10,033,000.

The county is also collecting $7 million in unpaid intergovernmental transfers (federal reimbursement for medical expenses for nursing home patients). This money will also be set aside for infrastructure.

There is still some wrangling with insurance companies, said Treasure Scott German, over money the companies think they are owned and money the county think it is due. There may be additional minor expenses to close out, but those payments will be handled through the general fund.

In other words, the budget line for the nursing home in the county's expense ledger is now officially closed.

Of the 25 taxing jurisdictions in Genesee County -- not counting the ones in other counties with some local overlap -- only nine have adopted a property tax exemption for Cold War veterans.

The tax exemption is one of the few available to veterans who served during the Cold War but not during Vietnam or some other armed conflict.

Veterans Services Officer William Joyce said he's working to get more jurisdictions to get it passed but it isn't easy.

One school district -- he didn't say which one -- flat turned him down.

"A vet is a vet," Joyce said. "It’s a benefit they earn. It’s not a privilege. It’s time served."

Veterans who served in armed conflicts or used military benefits to purchase their homes are eligible for benefits under other programs.

The initial Cold War exemption was capped at 10 years but the State Legislature last year approved an indefinite extension that each local jurisdiction must pass even if they have an exemption already in place.

Joyce is working on that now.

The county is adopting the extension.

Jurisdictions that provide the exemption, besides the county, are the Town of Alexander, The Village of Alexander, the Town of Bergen, the Town of Elba, the Town of Oakfield, the Town of Pavilion, and the Town of Stafford.

Batavia City Schools adopted the exemption just last week. City Schools is the only district in the county to adopt the exemption.

Some of the jurisdictions that chose not to adopt the exemption include the City of Batavia, the Village of Bergen, the Village of Elba, the Village of Le Roy, the Village of Oakfield, and the Village of Corfu.

Alexander, town and village, are the only jurisdictions that have adopted the higher tier exemption, which is a formula that calculates an exemption of 15 percent off of assessed value or a maximum exemption of $12,000.

All other jurisdictions with the exemption adopted the first tier, which is 10 percent off of the assessed value or a maximum of $6,000.

Press release:

Today recipients of the 46th annual Genesee County Chamber of Commerce awards for 2017 were announced.

The event to honor them will be held Saturday, March 3, at the Quality Inn & Suites on Park Road in Batavia.

This is the county's premier event honoring businesses and individuals for their achievement in business, community service and volunteerism.

Tickets are $50 per person or a table of 10 for $450. The event begins at 5:30 p.m. with hors d'oeuvres, entree tables and a cash bar. (No formal sit-down dinner is served.)

The Award Program starts at 7 o'clock, at which time coffee and dessert will be served.

The 2017 honorees are:

• Business of the Year -- Baltz Concrete Construction, Pavilion
• Innovative Enterprise of the Year -- Firing Pin, Bergen
• Agricultural Organization of the Year -- Cornell Cooperative Extension of Genesee County, Batavia
• Special Service Recognition of the Year -- Batavia Cross Training, Batavia
• Geneseeans of the Year -- The Family of William Kent Inc., Stafford

Call Kelly J. Bermingham at 343-7440, ext. 1026, to make your reservations.

A 17-year-old Basom resident has lost his sentencing cap on his conviction of making a terrorist threat and reckless endangerment after allegedly testing positive for marijuana while out of jail awaiting sentencing.

Judge Charles Zambito told Isaac Abrams that he violated the terms of his release, which could mean his sentence on the two counts could run consecutively instead of concurrently. He faces up to seven years in prison on each count.

Abrams nor his attorney disputed the positive test.

Attorney Vanessa Guite characterized the marijuana use as a one-off incident.

"Someone handed him what they said was a 'black and mild' and he took a puff," she said. "He didn't understand what it was but he realizes he needs to change his behavior." 

The toxicology came back "mild positive," which indicates Guite said, that Abrams is not a habitual user.

First Assistant District Attorney Melissa Cianfrini confirmed with Zambito that Abrams had lost his sentencing cap.

"I don't know if you can get a mild positive test from one puff on a blunt but he has violated the terms of his release under supervision," Cianfrini said.

A month ago, Abrams admitted to threatening to shoot troopers and deputies during an incident on the Tonawanda Indian Reservation on Sept. 30, and of trying to seriously hurt or kill a person with a motor vehicle in the City of Batavia on Aug. 28.

He pled guilty to making a terrorist threat, a Class D felony, and reckless endangerment in the first degree, also a Class D felony.

While out of jail awaiting his sentencing, Abrams is on a curfew and can't leave his house between 7 p.m. and 7 a.m.

Zambito didn't order him back to jail today but warned him not to violate the terms of his release again.

"If there is any violation, there will be no notice to appear," Zambito said. "I will issue an order for your arrest and hold you until your sentencing."

Sentencing is scheduled for Feb. 9.

      Jarvis Seymore

Jarvis D. "D" Seymore, 34, of Carthage Street, Rochester, is charged with two counts of criminal possession of a controlled substance, 3rd, and unlawful possession of marijuana.

On Wednesday evening, Seymore's vehicle was located in the parking lot of a business on Park Road, Batavia, by the Local Drug Task Force and Seymore was served with a search warrant that had already been obtained by agents of the task force.

During the search, agents allegedly found a quantity of cocaine, fentanyl, marijuana and cash.

Following arraignment in Town of Batavia Court, Seymore was jailed without bail.

The arrest was the result of an investigation into the sale of cocaine, heroin and fentanyl in and around Batavia.

Assisting in the investigation, State Police, uniformed deputies and the District Attorney's Office.

Thomas Allen Culver Jr., 39, of Wood Street, Batavia, is charged with petit larceny. Culver is accused of stealing and selling scrap metal from a location on Alexander Road, Batavia.

Anthony M. Quinn, 28, of 67th Street, Niagara Falls, is charged with unlawful possession of marijuana and muffler exhaust system violation. Quinn's vehicle was stopped for alleged traffic violations at 6:29 p.m. Wednesday on Route 77, Pembroke, by Deputy Andrew Mullen.

Alisa M. Schenk, 47, of Rochester, is charged with petit larceny. Schenk is accused of a theft at a location on the Tonawanda Indian Reservation at 10:42 a.m. Dec. 29. Schenk was arrested by State Police. No further details released.

Justin J. Bily, 21, of Cheektowaga, is charged with unlawful possession of marijuana. Bily was stopped by State Police at 5:34 a.m. Tuesday on the I-490 in Bergen.

Keith M. Hennard, 34, of Fillmore, is charged with driving while impaired by drugs, unsafe tires, moving from lane unsafely, and speeding. Hennard was charged by State Police following a motor vehicle accident at 5:26 p.m. Tuesday on Route 77, Pembroke. There were no injuries reported in the accident.

       Brianna Smith

A State Trooper has been arrested and charged with offering a false instrument for filing and falsely reporting an incident after allegedly claiming she was menaced by a person with a weapon while in Batavia.

Investigators say Brianna J. Smith, 25, was off duty at the time of the incident.

The location in Batavia of the report was not released nor were other details of the incident.

The State Police Bureau of Criminal Investigation conducted the investigation. In a release, State Police say that investigators determined a weapon was never displayed nor used in the incident.

She was arrested and processed at the Batavia Barracks. Smith was attached to Troop T in Syracuse.

She was issued an appearance ticket in Town of Batavia Court for a date this month.

An inter-municipal agreement that allows Batavia PD and the Le Roy PD to work with the Sheriff's Office outside of city and village limits is being updated to include Corfu PD.

The impetus behind the update is the addition of a K-9 officer to the Corfu force.

Sheriff William Sheron told the Public Safety Committee yesterday that an additional K-9 officer is a good resource for the county.

Officer Anthony Bartucca joined the Corfu PD after his prior department in Lyons was disbanded when the village was dissolved. He came with two dogs; one who specializes in drugs and tracking and another who specializes in explosives. Because he was already trained and had two dogs there was no additional cost to the Village of Corfu to hire him as another part-time officer on the force.

"(The updated agreement) is more for them to respond out in our jurisdiction than for us to respond to Corfu, since we already have jurisdiction throughout the county," Sheron told the committee.

Genesee County has become well covered by K-9s in recent years. Besides Deputy Chris Erion and "Destro" with the Sheriff's Office, DEC and State Police K-9 officers are regularly in Genesee County.

That's a great capability to have locally, Sheron said.

"In today's day and age when you're dealing with narcotic detection, tracking, explosives, you know, explosives is a very unfortunate thing these days, so I think we’re not overly staffed with K-9s by any means," Sheron said.

The addition of Bartucca with "King" and "Rocco" will also help reduce response times when Erion isn't available.

"I don’t want to rely on just Monroe or Erie County to bring out a K-9," Sheron said. "If we can have one local when time is critical, that’s the best you can do."

Pierre Mahon Humphrey, 27, of Michigan Street, Batavia, is charged with criminal possession of a controlled substance, 3rd, criminal possession of a controlled substance, 4th, criminal possession of a controlled substance, 7th, and unlawful possession of marijuana. Humphrey was allegedly found in possession of marijuana and narcotics during a traffic stop on Park Road, Batavia, by Deputy Travis DeMuth at 4 p.m. Tuesday. Humphrey was jailed on $25,000 bail or $50,000 bond.

Lucas T. Shafer, 20, of State Route 96A, Romulus, is charged with unlawful possession of marijuana. Shafer was charged after Officer Arick Perkins located a vehicle parked behind the Harvester Center and stopped to investigate at 12:45 a.m., Tuesday. Also charged, Aaron C. Cuyler, 19, of Batavia Stafford Townline Road, Batavia.

Sath Paul Dhanda, 37, of Clapsaddle Road, Bethany, is charged with criminal contempt, 2nd. Dhanda was arrested following a complaint of a person banging on the back door of a residence on Ellicott Street, Batavia, at 3:08 p.m. Monday. There was an order of protection in place that Dhanda allegedly violated. Dhanda was jailed on an unspecified amount of bail.

Alexander J. Schultz, 18, of Ross Street, Batavia, is charged with obstructing governmental administration and disorderly conduct. Schultz and a 17-year-old, who was also charged, were allegedly involved in a fight on Ross Street, Batavia, at 4:34 p.m. Jan. 11.

Ryan N. Bartholomew, 23, of Adams Street, Batavia, is charged with making terrorist threats and aggravated harassment, 2nd. Bartholomew allegedly made threats against police officers on social media. He was jailed without bail.

Desiree M. Sumeriski, 34, of South Main Street, Batavia, is charged with endangering the welfare of a child. Sumeriski allegedly failed to seek medical care for a child after observing injuries sustained by the child.

Camon T. Wyatt, of Pardee Street, Rochester, was arrested on a warrant for alleged failure to appear as ordered in court. Wyatt was released on bail.

David L Andrews, 30, of Lewis Place, Batavia, is charged with criminal impersonation and conspiracy 6th. Andrews is accused of conspiring with another person not to pay a bill at a local person by pretending to be another person.

Preston Randall Herbst, 21, of Hamlin Drive, Canandaigua, is charged with DWI, driving with a BAC of .08 or greater, and moving from lane unsafely. Herbst was stopped at 2:51 a.m. today on Telephone Road, Pavilion, by Deputy Mathew Clor.

Joseph Thomas Misiak Jr., 62, of Pratt Road, Batavia, is charged with making terrorist threats. Misiak allegedly called a supervisor at the Sheriff's Office and threatened to damage the property of the subject as well as physical harm the subject. Misiak was arraigned and released under supervision of Genesee Justice.

Anna Marie Howard, 32, of Ivison Road, Byron, is charged with driving while ability impaired by drugs, aggravated unlicensed operation, 2nd, and registration display violation. Deputy Ryan DeLong and Deputy Andrew Mullen responded to a complaint of a person driving erratically in the parking lot of the 7-Eleven in Bergen at 4:05 p.m. Sunday. 

Jordan R. Mock, 23, of Pavilion, is charged with a false written statement and falsely reporting an incident. Jordan J. Schilling, 30, of Silver Springs, is charged with criminal mischief, 3rd, false written statement, and falsely reporting an incident. Mock and Schilling were arrested in relation to a burglary investigation by State Police reported at 4:10 p.m. Saturday on Perry Road, Pavilion. Schilling was also charged in Wyoming County with false written statement in relation to a fraud investigation. No further details were released.

Timothy A. Frenchy, 24, of Bronx, is charged with unlawful possession of marijuana. Frenchy was charged while at College Village at 9:03 p.m. Monday by State Police.

      Marlek Holmes

There will apparently be no contempt charge against Marlek Holmes after the convicted sexual predator used profanity and hurled insults at the District Attorney today in County Court.

Judge Charles Zambito apparently did not hear the most profane statement by Holmes, when he told District Attorney Lawrence Friedman he could go eff himself while the DA was using a copy machine near the defense table.

Defense Attorney Fred Rarick put his hand on his client's shoulder and advised him to be careful about what he said in court. 

Zambito did hear Holmes say, “I don’t understand anything that stupid ass says," after Zambito asked if he understood the plea offer presented by the district attorney.

Zambito pressed on without acknowledging the remark and clarified that Holmes was declining a plea offer that would have capped his potential prison sentence on his latest conviction and avoid a trial on a charge of failure to register a new address as a registered sex offender.

In May, Holmes, already a convicted sex offender, entered a guilty plea to guilty to a Class C violent felony, attempted criminal sexual act in the first degree. Later that month, he was sentenced to 15 years in prison while proclaiming his innocence. 

In October, Holmes was convicted following a jury trial on two counts of assault in the second degree and criminal mischief for assaulting a fellow inmate at the Genesee County Jail. 

On that conviction, he could be sentenced up to seven years each, for a total of 14 years, on top of the 15 years he's currently serving.

The plea offer from Friedman would have capped the sentence at five years, consecutive to his current 15 years, for a total of 25 years in prison, and satisfied the pending charges against Holmes related to his alleged failure to register a change of address as a sex offender (the oldest of the group of charges that has tied him up in County Court for more than a year).

As part of the deal, Holmes would be required to drop his current appeal on his sexual abuse conviction and not pursue appeals on his other cases.

The deal would have saved the people the expense of another trial.

Holmes refused the deal.

Earlier this month, Holmes sought to have his new trial delayed because he's being shuttled between prisons and doesn't have all of his paperwork and access to the prison law library. Friedman argued against a delay and Zambito agreed a delay was not necessary.

Jury selection is scheduled to begin Monday with a hearing before the actual trial begins on Tuesday on whether Holmes qualifies as a persistent violent felony offender, which could mean an enhancement on his sentence on the jail assault conviction.

After court, Friedman said he wasn't sure what Zambito might have heard Holmes say, and he wasn't sure what was captured on the record.

"I decided at that point not to bother saying anything," Friedman said.

Alex Feig, from our news partner WBTA, contributed reporting to this story.

Raymond EJ Smith Jr., 43, of Lockport Road, Oakfield, is charged with operating a snowmobile while impaired by alcohol, operating a snowmobile on a street or highway, operating a snowmobile without liability insurance, operating an unregistered snowmobile, and refusal to take a breath test. Smith and his snowmobile were found by a passerby overturned in a ditch at 10:19 p.m. Saturday on Lockport Road, Oakfield. He was not injured. The accident was investigated by Deputy Jeremy McClellan. (Initial Report)

Katherine Marie Wilkinson, 21, of Buffalo Street Road, Alexander, is charged with falsely reporting an incident. Wilkinson is accused of falsely reporting that a person hit her in the face. When deputies arrived to investigate the complaint, Wilkinson allegedly told the deputies the incident did not happen.

Jeffrey D. Freeman, 37, of South Spruce Street, Batavia, is charged with harassment, 2nd. Freeman allegedly threw a plate at another person while at Denny's on West Main Street, Batavia.

Winston Ashton Lockhart Sr., 22, of Holland Avenue, Batavia, is charged with harassment, 2nd, and acting in a manner injurious to a child. Lockhart was charged following a report of a domestic incident on Holland Avenue at 11:55 a.m. Jan. 7.

Douglas A. Curry, 66, of Grand Avenue, Rochester, is charged with criminal contempt, 2nd. Curry was arrested on a warrant for allegedly violating an order of protection.

Franciso Martinez, 44, of Bridgeman Street, Buffalo, is charged with unlawful possession of marijuana, harassment, 2nd, endangering the welfare of a child, and robbery, 3rd. Martinez was allegedly in a fight with another person at a residence on Bank Street at 8:36 p.m. Thursday. During the domestic incident, he allegedly stole an item from the victim. He was jailed without bail.

Matthew J. Vickers, 38, of Court Road, Pavilion, is charged with DWI, driving with a BAC of .18 or greater, speed not reasonable and prudent, and failure to keep right. Vickers was reportedly involved in a motor-vehicle accident at 8:28 p.m Jan. 6 on West Main Street, Batavia.

Information provided by the Polk County Sheriff's Office in Florida:

A man who was shot -- twice in the head, once in the arm, and once in the shoulder -- at the home of a former Alexander resident who was murdered Jan. 3 in Florida died today.

Kenneth Maier, of 7462 Berkley Road, Polk City, Fla., succumbed to injuries around 1 p.m. (Jan. 12).

William Reiss, 68, formerly of Alexander, died at the scene after a man he had sold guns to previously, came to his home, was allowed in, and allegedly shot the two men before stealing guns and a pickup truck with the aid of two accomplices.

"We are heartbroken to hear that Kenneth passed away today. We are sending our thoughts and prayers to Kenneth's family and friends. This act of vicious murder should have never happened," said Polk County Sheriff Grady Judd.

"The three suspects from Mobile, Ala., will be pending additional murder charges in relation to Kenneth Maier's death. We will send another update when additional charges are placed. We appreciate the assistance of the Mobile Police Department in this investigation."

Some of the firearms were recovered, along with the victim’s stolen truck, which was torched. All three suspects will be extradited back to Polk County to face first-degree murder and other charges.

On Jan. 6, three suspects were arrested in the case: 22-year-old Kenley Campbell, 22-year-old Darril Lamar Rankin Jr., and 18-year-old Gerjuan Demarcus Jackson all of Mobile.

Thus far, they have all been charged with:

• First-degree murder (FC)
• Attempted first-degree murder (F1)
• Armed burglary with assault/battery (F1)
• 13 counts of grand theft of a firearm (F3)
• Robbery with a firearm/deadly weapon (FL)
• Conveyance burglary (F3)
• Grand theft of a motor vehicle (F3)

For previous coverage click here and here.

Press release:

On Friday Jan. 12, City of Batavia Manager Jason Molino delivered to the City Council a 2018/2019 Recommended City Budget. The budget supports quality City services; sustained investment in infrastructure; reasonable and reliable employee wages and benefits; and a budget that proposes a 3 percent tax rate decrease to $8.99 per $1,000 of assessed value.

The Proposed Budget supports total expenditures of $24.3 million (an increase of 1.9 percent). It meets the City Council’s budget goal of staying below the City’s tax cap. Due to a substantial 4.1 percent increase in the City’s tax base, half of which is due to the Genesee County nursing home becoming privately owned and taxable, the budget contains a property tax rate that will go down, to $8.99 per $1,000 -- a reduction of 3 percent.

This is the lowest City tax rate since 2006. Under the Proposed Budget, the City property tax bill for the owner of a home valued at $90,000 would decrease by $25.20.

“The Proposed Budget is a result of growth in our tax base,” said City Manager Molino. In his budget message to City Council he said, “We are committed to our focus to an unabashed “all in” approach to growth.”

Last year the City set a path to achieve $100 million of new investment through the efforts of four distinct priorities: FOCUS on growth, operational excellence, neighborhood investment and BIG Collaborative projects. While the City has made significant gains with all priorities, none are more noticeable than the City winning the Governor’s $10 million Downtown Revitalization Initiative.

“Through the Downtown Revitalization Initiative, the City of Batavia will accelerate the redevelopment of existing buildings, and create additional business and residential opportunities downtown,” the manager states.

“By investing in the entrepreneurial climate and downtown environmental qualities, and by encouraging ethnic diversity and active lifestyles, Batavia hopes to foster a creative class of workers who will spur continued job growth.”

Currently, the City has made significant movement towards our goal of $100 million. As of Dec. 31, the City’s “I’m All In!” Scoreboard revealed over $8.8 million in completed investments, $15.8 million in-progress for completion in the next two years and another $58.8 million planned by 2022. In total, after just one year of commitment, we have over $83.5 million on our horizon for completion by 2022, and more still to come.

The Recommended Budget includes:

  Completion of Healthy Schools Corridor sidewalk project, a $1 million federal grant for the construction of over 12,000 linear feet of new sidewalk;

  Completion of Highway PM grant, $2.55 million federal grant for the resurfacing of six streets;

  $256,000 of additional annual street resurfacing;

  $285,720 of additional annual sidewalk replacement;

  Resurfacing of the East Parking Lot at the City Centre;

  Supporting the Town of Batavia in the construction of the Ellicott Trail;

Sales Tax: The budget projects that sales tax collections will increase slightly, .4 percent for next year, a somewhat improvement from the past two years of decline.

Water & Sewer Rates: The proposed rate adjustment for FY18/19 includes a water rate increase of $.18 or 3.5 percent. In addition, the plan includes a capital improvement fee increase for all meter sizes. The impact to a typical residential customer with a 5/8-inch meter will be $.54 per quarter. The proposed water rate for a typical residential user is $5.30 per 1,000 gallons and the capital fee per typical residential user is $5.99 per quarter. The total impact to a typical residential customer (approximately 95 percent of customers) from the proposed rate and fee adjustments is approximately $4.49/quarter. There is no rate increase proposed for the sewer rate this year.

“I wish to thank City Department Heads and Bureau Chiefs, and their staff, for their professional approach to the challenges that mark every budget,” Molino said. “They continue to serve the community with highest standards, and it has been an absolute pleasure to work with them.”

The 2018/19 proposed Budget is posted on the City website at http://www.batavianewyork.com/office-of-the-city-manager/pages/city-budget.

Public copies of the Proposed Budget are available for review at the City Clerk’s office, One Batavia City Centre (1st Floor).

Press release from the Batavia Police Department:

The Batavia Police Department is investigating a car/pedestrian accident which occurred on West Main Street today.

The accident happened at approximately 2:10 p.m. on the area of Settler's.

The pedestrian was walking eastbound on the sidewalk on the north side of West Main Street. While crossing the street, a black Honda sedan struck the pedestrian and continued westbound on West Main Street.

The driver was described as a white female with curly hair.

The pedestrian is currently being treated at UMMC.

Anyone with information in reference to this case is asked to contact Officer Prusak or the Batavia Police Department at 585-345-6350, the confidential tip line at 585-345-6370 or online here.

UPDATE 5:14 p.m.: A caller reports seeing a vehicle that matches the description with front-end damage driving on Willow Street. No information on when the car was seen.

(Initial report)