notify

A Batavia man accused of threatening to shoot police officers and then of barricading himself inside of an apartment and setting it on fire has been charged with arson in the second degree and two counts of making terrorist threats.

Eddie "Pops" Miles Jr., is also charged with criminal contempt and aggravated criminal contempt.

The incident began Sunday morning just before 9 a.m. when police were dispatched to a report of a domestic at 207 Washington Ave., Batavia. 

When patrols arrived, Miles allegedly threatened to shoot police. That caused police to establish a perimeter, evacuate neighboring homes, and initiate a reverse 9-1-1 call to other residents with a shelter in place notice.

Then Miles allegedly started a fire inside the apartment where he was staying with his girlfriend.

His girlfriend managed to climb out on the roof of the front porch and escape with the assistance of police officers.

While the apartment burned, city firefighters could only shelter behind their trucks.

Eventually, Miles surrendered and climbed down a ladder at the back of the building.

There was also a warrant out for his arrest. He is charged with two counts of criminal sale of a controlled substance, 3rd, and two counts of criminal possession of a controlled substance, 3rd. 

He also still has charges pending from 2017. 

Miles was arrested in August for allegedly putting his arm around the neck of another person and injecting a dog with an unknown purple liquid.

In July, he allegedly took a car belonging to another person without permission.

He is being held in the Genesee County Jail without bail.

Recent rain has washed away whatever salt remained on roadways and with temperatures dropping to below freezing this afternoon, the wet roadways are likely to ice over.

That's the warning of the National Weather Service and the same message from County Highway Superintendent Tim Hens when we happened to speak last night about the coming storm.

The storm tonight and tomorrow will bring heavy, wet snow, making driving conditions difficult and very different from the drier snow of recent storms. Drivers need to slow down, Hens warned.

Temperatures will start dropping between 1 and 3 p.m. in Batavia, bringing freezing rain and sleet. Bridges and overpasses will likely freeze over first.

While plow trucks will be out spreading salt, drivers should use extra caution.

Areas of previous flooding could also freeze over.

The National Weather Services advises drivers to plan accordingly.

Between tonight and 4 p.m. tomorrow, from nine to 17 inches of snow is expected.

UPDATE 2:13 p.m.: Stegman Road in the Town of Batavia is closed due to high water.

Brian Thomas Resch, 30, of Buffalo Road, Bergen, is charged with promoting prison contraband. Resch is accused of possessing Suboxone while confined in the Genesee County Jail.

Stephen Everett Pike, 21, of Big Tree Road, Pavilion, is charged with harassment, 2nd. Pike is accused of grabbing another person by the arm and pushing that person during an argument, reported at 6:28 p.m. Wednesday at an address on Big Tree Road, Pavilion.

Jeffery S. Zymowski, 54, of Sandridge Road, Alden, is charged with DWI, driving with a BAC of .08 or greater, no seat belt, and driver's view obstructed. Zymowski was stopped at 4:35 p.m. Tuesday on Broadway Road, Darien, by Deputy Kyle Krzemien.

Gregory S. Mitchell, 19, of Clarence Center, was arrested on an arrest warrant and charged with unlawful possession of marijuana. Mitchell was arrested in Pembroke by State Police. No further details released.

Michael E. Welles, 20, of Holley, is charged with unlawful possession of marijuana. Welles was stopped by State Police at Bloomington Road and State Route 77, Alabama.

William D. Annis, 36, of Batavia, is charged with conspiracy, 6th, and petit larceny, and Jeanine D. Mercado, 31, of Batavia, is charged with conspiracy, 6th, possession of burglary instruments, and petit larceny. Annis and Mercado were arrested by State Police in relation to an incident reported at 10:27 a.m. Wednesday at Kohl's Department Store.

   Gerjuan Jackson    Kenley Campbell      Darril Rankin

Press release:

Polk County Sheriff's Office homicide detectives have arrested 22-year-old Kenley Campbell and 22-year-old Darril Lamar Rankin Jr. on Saturday, Jan. 6, and 18-year-old Gerjuan Demarcus Jackson all of Mobile, Ala., on Tuesday, Jan. 9. 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)

The Polk County Sheriff's Office alleges that: on Jan. 3, Campbell, Rankin, and Jackson drove from Mobile to William Reiss’ residence in Polk City, Fla.; Jackson fired shots at William Reiss multiple times (who was found deceased in the home) and his roommate, Kenneth Maier, who is fighting for his life. Maier is still in critical/stable condition at a local hospital.

According to the investigation and admissions made by the suspects:

Jackson met William Reiss while conducting a hurricane damage estimate in 2017, and he purchased two handguns from Reiss. Detectives located an official FEMA contractor identification for Jackson during the investigation. Upon returning to Alabama, Jackson was arrested for possession of cannabis and carrying a firearm without a permit.

Campbell drove his vehicle, a Chevrolet Sonic, with Gerjuan Jackson and Darril Rankin to Florida and arrived at 7462 Berkley Road in Polk City at between 1:30 – 1:40 p.m. on Wednesday, Jan. 3^rd. Jackson went inside the home while they (Campbell and Rankin) stayed inside the Chevrolet Sonic.

Jackson admitted he fired several gunshots at Reiss and at Maier.

Jackson exited the residence, at which point Campbell and Rankin assisted with loading the victim’s firearm collection and flat-screen television into Campbell's trunk and the victim’s Dodge pickup truck.

When they arrived in Alabama, Jackson took the victim’s truck to a wooded area and set the pickup truck on fire.

During the investigation, detectives found six firearms, an extensive amount of ammunition, electronic devices, and clothing believed to be worn by the suspects during the incident in Campbell and Rankin’s home. Three of these firearms are from the victim’s stolen collection. Detectives also found a box of latex gloves and apparent trace amounts of blood in the Chevrolet Sonic.

Jackson said the stolen property firearms and television had been sold on “the streets,” except for the three firearms that were recovered from Campbell and Rankin’s home. Jackson estimated that a total of 20 to 25 firearms were stolen from the victim’s residence.

“Three killers traveled to Polk City all the way from Mobile, Alabama to steal firearms. William Reiss was shot and murdered, and Kenneth Maier was shot and left for dead. Maier is currently in the hospital fighting for his life. I can’t begin to say how disgusted we are at the depravity displayed by these men.” -- Grady Judd, Polk County Sheriff 

All suspects were booked into the Mobile County Metro Jail without incident and will be extradited to Polk County at a later date. The investigation is ongoing and further charges may be filed.

All suspects have previous criminal histories.

The 25 projects vying for a piece of the $10 million prize awarded by the state to Batavia as part of the Downtown Revitalization Initiative are full of ideas for dining, entertainment and downtown living and this just what the committee considering the proposals should concentrate on, Steve Hyde said near the end of last night's review of the projects.

Hyde, CEO of the Genesee County Economic Development Center, is co-chair of the Local Planning Committee for the DRI.

Quoting from a book he's reading on planning, he said, " 'If a place lacks attractive shopping, dining, and entertainment options, it may struggle to attract and retain workers and employers as a result.'

"Keep that in mind as another piece of this," he added. "It really is embodied in our goals and strategies. Shopping, dining and entertainment are very important considerations as we try to move from that millennials' complex of Blahtavia."

The projects range from $39,000 to expand downtown's art canvas to $5 million for the Ellicott Street Corridor or $5 million for proposed Healthy Living Center.

Altogether, the 25 projects total more than $24 million in requested DRI funding.

The committee will need to whittle down the requests to $15 million total and state officials will make the final decision on which projects get funded for how much, to a total of $10 million.

Here's a summary of the projects:

• Theater 56:
  • Total project cost, $701,750. Funding request, $546,000. Location, in City Center at the former location of Dent Neurological. Proposed by Batavia Players. It would create a theater, offices and storage. 
• BOA/BP2 Strategic Site Advancement
  • Total project cost $30 million. Funding request, $3 million. This project involves rehabilitation and new development at the mall, including extending Jackson Street.
• BOA/BP2 Strategic Site Advancement
  • Total project costs, $15 million. Funding request, $1 million. This funding would assist construction of the Health Living Center proposed by the YMCA and UMMC.
• BOA/BP2 Strategic Site Advancement
  • Total project costs, $15 million. Funding request, $1 million. This is for construction of new residential apartments off Evans Street and by the Tonawanda Creek. There is reportedly a developer with ties to Genesee County who has experience with large BOA projects in cities such as Corning who is interested in this project.
• Batavia Innovation Zones
  • Project cost, $400,000. Funding request, $200,000. This is a request by the BDC to create more business incubator space similar to the current construction of freshLab in the former Newberry's building. The new incubators would be planned for the Carr's buidling, the public market, and GO Art!
• Newberry Place Lofts
  • Project cost, $350,000. Funding request, $150,000. This is to assist with the existing project, which includes completion of three market-rate apartments in the building and the addition of a beer garden in Jackson Square.
• Ellicott Place
  • Project cost, $2.5 million. Funding request, $1.15 million. This project would create retail spaces on the Ellicott Street side of the current Sav-A-Lot building (currently vacant space in the building), the addition of apartments on the second floor, and the creation of interior parking for new apartments.
• Healthy Living Campus
  • Project cost, $22.5 million. Funding request, $5 million. This is a joint project of the YMCA and UMMC for new construction on the site of the current Y, the Cary Building and the vacant lot once occupied by the Elks Lodge. It would be an 85,000-square-foot building with more than 140 full-time equivilant employees. 
• Downtown Public Market
  • Project cost, $2 million to $3 million. Funding request, $1 million. This would create a permanent structure for the public market at Bank Street and Alva Place.
• 214 & 216 E. Main St.
  • Project cost, $150,000. Funding request, $90,000. This project would restore the facade to its vintage look of 216 E. Main, the former Montgomery Ward and upgrade the facade of 214 E. Main St.
•  Jackson Square
  • Project cost, $750,000. Funding request, $500,000. This would complete the Jackson Square project started in 2004 by removing the concrete in Jackson Square and replacing it with brick, including the entryways off Jackson and Center streets.
• GO Art! Arts & Cultural Center
  • Project cost, $2.2 million. Funding request, $1.98 million. This project would include upkeep and upgrades to Seymore Place at Main and Bank, including the addition of an elevator and performance space on the second floor.
• Ellicott Station
  • Project cost, $23 million. Funding request, $425,000. The money is requested to cover an unexpected environmental remediation expense -- the removal of an old drainage canal under the property.
• Ellicott Street Corridor
  • Project cost, $5 million. Funding request, $5 million. To help tie together two sections of the Ellicott Trail and to make Ellicott Street more attractive and safer for pedestrians and bike riders, this would add a median to the street and create a barrier between bike lanes and vehicle traffic.
• Batavia City Art Canvas
  • Project cost, $39,000. Funding requests, $39,000. A project championed by local artist Brian Kemp that is already underway, the money would be used to buy supplies for artists to create more murals downtown and create material for a walking tour of Downtown Batavia's outdoor art.
• Downtown Marketing/Branding
  • Project cost, $250,000. Funding request, $200,000. A request by the Business Improvement District for new marketing material and branding approach for Downtown.
• Carr's Reborn
  • Project cost, $7.1 million. Funding request, $1.5 million. A request to complete restoration of the Carr's building and the former Genesee Bank. These would be mixed-use developments with retail, a cafe and apartments.
• Batavia Showtime
  • Project cost, $250,000. Funding request, $250,000. The proposal is for a new marquee on the theater, lounge seating, and a 3D-movie system.
• Historic Masonic Temple 
  • Project cost, $750,000. Funding request, $290,000. This project includes adding an elevator to make the third and fourth floors more accessible. The owner, Dave Howe, could then potentially convert those floors to apartments.
• 206 E. Main St.
  • Project cost, $674,000. Funding request, $404,000. Rehabilitation of the second floor of the building, adding a banquet facility and bar for Main St. Pizza Company, and market-rate apartments.
• 315 and 327 Ellicott St.
  • Project cost, $120,000. Funding request, $80,000. Improvements to commercial and residential units.
• Waggoner Building
  • Project cost, $77,000. Funding request, $38,500. Renovations to second-floor office space. Location is School and Jackson streets.
• Game On
  • Project cost, $150,000. Funding request, $150,000. Owner is requesting funding for new equipment, marketing and working capital.
• Borrell's Gym
  • Project cost, $100,000. Funding request, $80,000. Improvements to the gym.
• Vance Group
  • Project cost $70,000. Funding request, $40,000. Improvements to the facade and residential units at corner of Liberty and Ellicott streets.

There were also requests for projects outside the DRI boundary, including upgrades to Faletti Ice Arena, two buildings on South Swan, and improvements to Austin Park. The committee seemed to not favor considering these projects.

Consultant Ed Flynn will need to work with some of the projects to get more details for the proposal and the committee will try to pick several of the most viable projects and perhaps ask the owners or project leaders to make a presentation to the committee.

Top photo: Consultant Ed Flynn.

Eric Fix and Craig Yunker

Tom Turnbull

Marianne Clattenburg, Susie Ott, Tammy Hathaway

Though there was no announcement to the media that she was coming, Sen. Kirsten Gillibrand spent about an hour in Batavia this morning meeting with constituents at the Richmond Memorial Library.

A camera crew from CBS's 60 Minutes accompanied her.

After the meeting, she agreed to a two-minute interview with The Batavian.

The meeting, she said, was arranged by her staff, who reached out to local agencies that provide assistance to area residents and those agencies selected attendees to the discussion.

"I wanted to hear directly from my constituents about their lives and what's going on and what challenges they have because I often find that people in Washington are so disconnected from reality and the people we represent," Gillibrand said. "I think Washington is pretty much broken so I like to come into my communities and listen to their stories directly and hear exactly what their challenges are."

She said the conversation was productive.

"What we heard was really interesting," she said "There is a lot of strain on costs of child care, access to affordable quality daycare, lots of strain on just putting food on the table and having health care they can afford. There is a real need for higher wages or more job opportunities and then lowering costs for both child care and health care."

While this was not a campaign stop, we asked about the 2018 campaign when she's up for reelection.

"I just want to make sure I'm fighting for the right things, and what these listening opportunities do for me is let me hear directly from people about what really is troubling them," she said.

We asked her about the potential for an infrastructure bill in 2018 and what it might mean for Genesee County.

"I want to be optimistic about that because the one thing we all agree on is we really need to rebuild our state and rebuild our country," Gillibrand said. "There's such an eagerness for better roads, bridges, sewers, electric grid, high-speed rail, better rail. I mean it's an unlimited need in our state. We have, I think, the last number I heard was $70 billion of unmet sewer needs. We had over 2,000 bridges that needed some kind of structural repair. I'm hoping that this can be the one really good bipartisan things we can work on."

There is often speculation that Gillibrand is thinking about a run for president in 2020.

She said, "I'm focused entirely on 2018 and I really want to serve in the Senate. I feel privileged and honored to serve."

All the talk in political circles this morning was about Oprah Winfrey speech last night at the Golden Globes and whether she might be thinking of a run for president in 2020. 

With the mention of Oprah's name, Gillibrand said, "She did a great speech, inspiring and important." Asked if Oprah should run, Gillibrand said, "Whatever she wants to do. She's awesome."

Photos: Before Gillibrand entered the library this morning, she noticed a mother and her two children watching her enter, so she went over and greeted them and asked if they wanted to pose for a picture. They left before I could get their names.

Legal troubles are mounting for Eddie Lee "Pops" Miles after he was arrested on a warrant for allegedly selling crack cocaine on two occasions to an agent of the Local Drug Task Force.

Yesterday morning the 46-year-old Miles was arrested following a domestic incident at 207 Washington Ave., Batavia, where he allegedly tried to barricade himself in an apartment with a couch and then set it on fire.

After a standoff, because Miles had allegedly threatened to shoot police officers, Miles exited the burning apartment through a back window and refused to come down from a roof, before agreeing to climb down a ladder.

The District Attorney's Office is reviewing the case and has yet to recommend charges against Miles.

Meanwhile, the Sheriff's Office announced that Miles is being charged with two counts of criminal sale of a controlled substance, 3rd, and two counts of criminal possession of a controlled substance, 3rd. 

Cases against Miles are still open from 2017 when he was charged with criminal obstruction of breathing, torturing or injuring animals, unauthorized use of a vehicle, and criminal contempt.

Miles was arrested in August for allegedly putting his arm around the neck of another person and injecting a dog with an unknown purple liquid.

In July, he allegedly took a car belonging to another person without permission.

Following arraignment on the drug charges, Miles was returned to the Genesee County Jail without bail.

Dalton Chadwick Kelley, 20, of Chase Park, Batavia, is charged with attempted assault, 3rd, and harassment, 2nd. Kelley is accused of hitting another person in the forehead and of hitting a police officer during an incident at 11:03 p.m. Jan. 3 on Chase Park, Batavia. Kelley was jailed on $2,500 bail. Kelley is also accused of keying two vehicles at 6:25 p.m. the same day and was charged with two counts of criminal mischief, 4th.

Austin L. Wester, 23, of Pratt Road, Batavia, is charged with four counts of possession of a forged instrument, 2nd. Wester is accused of forging four checks belonging to another person in order to cash them.

Devon Devonanir Rodgers, 30, of Pearl Street, Batavia, was arrested on a warrant out of City Court for alleged violations of the terms of his conditional release.

Alicia Michelle Gomez, 42, of South Main Street, Batavia, is charged with violation of probation. Gomez was released on a warrant stemming from a complaint in February. Gomez was jailed on $2,500 or $5,000 bond.

Frankie J. McQueen, 26, of Snipery Road, Corfu, is charged with DWI, driving with a BAC of .08 or greater, illegal signal, and aggravated unlicensed operation, 3rd. Officer Chad Richards was dispatched at 6:51 p.m. Dec. 27 to the area of Thomas Avenue for a report of a red Chevrolet Cobalt being driven erratically and at a high rate of speed. The vehicle was located and stopped at McQueen was identified as the operator.

Samuel A. Torrelli, 24, of Stage Road, Albion, is charged with unlawful possession of marijuana and inadequate headlights. Torrelli was stopped at 10:30 p.m. Dec. 28 on East Main Street, Batavia, by Officer Mitchell Cowen.

Winston A. Lockhart, 22, of Holland Avenue, Batavia, is charged with two counts of harassment, 2nd. Lockhart was arrested on a City Court warrant after police were dispatched to 29 Holland Ave., Batavia, to investigate an unrelated disturbance. 

Zachary J. Marrow, 26, of Seven Springs Road, Batavia, was arrested on two warrants for alleged failure to appear in City Court after being served subpoenas. Marrow was located by Deputy Mathew Clor and turned over to Sgt. Eric Bolles and arraigned in City Court.

Levi Spikes Jr., 44, of Lewis Place, Batavia, is charged with unauthorized use of a motor vehicle, 3rd, speed not reasonable and prudent, leaving the scene of a property damage accident, unlicensed operator, driving without insurance. Spikes was allegedly involved in a motor-vehicle accident at 9 a.m. Jan. 1 at 56 Harvester Ave., Batavia.

 Jacob J. Sponaugle, 18, of Liberty Street, Batavia, is charged with driving while impaired by a combination of alcohol and drugs, aggravated unlicensed operation, 3rd, driving a vehicle without an inspection sticker, failure to keep right, and unlawful possession of marijuana. Sponaugle was stopped at 9:46 p.m. Dec. 29 on East Main Street, Batavia, by Officer James Prusak.

Joseph Michael. Smith, 41, of State Street, Batavia, is charged with petit larceny. Smith is accused of stealing from his employer, a gas station and convenience store at 629 East Main Street, Batavia, in November. Smith was also charged with petit larceny for allegedly shoplifting from Dick's Sporting Goods.

Justin T. Gladney, 28, no permanent address, is charged with unlawful possession of marijuana and criminal trespassing, 3rd.

James Derek Wert, 36, of Tracy Avenue, Batavia, is charged with criminal contempt, 2nd, and harassment, 2nd. Wert was allegedly involved in an incident at T.F. Brown's on New Year's Eve where he violated an order of protection and struck another person in the face. 

Jonathan R. Hyman, 45, of Drake Street, Oakfield, is charged with unlawful possession of marijuana, driving a vehicle without an inspection sticker, and criminal possession of a weapon, 3rd. Hyman was stopped at 4:08 p.m. Saturday on Main Street Road, Batavia, by Deputy Kyle Krzemien.

Christopher Patino, 23, of Eagan Boulevard, Henrietta, is charged with DWI, driving with a BAC of .08 or greater, unlawful possession of marijuana, and following too closely. Patino was stopped at 7:11 p.m. Friday on Route 77, Pembroke, by Deputy Micheal Lute.

Kenneth Joseph Rumble, 28, of Maple Road, Alabama, is charged with possession of a hypodermic instrument. Rumble was allegedly found in possession of a needle during a search by a probation officer.

Michael A. Shetler, 27, of Stafford, is charged with menacing, 2nd, unlawful imprisonment, criminal mischief, criminal mischief, 4th, acting in a manner injurious to a child. Shetler was arrested by State Police in relation to an incident reported at 9:29 p.m. Saturday in Stafford. No further details released.

Ricky O. Cooper, 40, of Le Roy, is charged with harassment, 2nd. Cooper was arrested by State Police in relation to an incident in Pavilion reported at 11:20 p.m., Nov. 21. No further details released.

James M. Caccamise, 29, of Byron, is charged with forgery of a deed or will. Caccamise was arrested by State Police. No further details released.

A Washington Avenue resident with a criminal history and wanted on a warrant was taken into custody this morning after police were called to a domestic incident where he allegedly threatened to shoot police and later set fire to his own apartment.

Eddie Miles eventually came down a ladder from the back of the apartment on his own, which allowed firefighters to begin attacking the fire in the second floor and attic of 207 Washington Ave., Batavia.

He was taken to the hospital for evaluation of injuries sustained in the domestic incident and the subsequent blaze.

Batavia Police Officer Marc Lawrence said the dispatch center received a call about a domestic incident at the upper apartment at 8:55 this morning. Two officers quickly responded and Miles allegedly smashed a window and threatened to use a firearm against them.

At that point, a perimeter was established in the neighborhood with the aid of the Sheriff's Office and State Troopers. There was a reverse 9-1-1 call placed to neighbors near the scene, telling them to lockdown, shelter in place. 

Police grabbed a ladder from neighbors at the scene, though the woman jump from the stoop roof into the arms of police officers. She was taken to the hospital for the evaluation of injuries sustained in the domestic incident, Lawrence said.

A fire, believed to have been intentionally set by Miles, broke out in the rear of the upper apartment. Miles refused to leave and kept calling 9-1-1, demanding to speak with the female, who had by then been transported to the hospital.

As smoke poured from the house, police were concerned for the safety of firefighters with a potentially armed suspect still at large. The firefighters could not approach the house. An unarmed Miles came out on the roof. Between the very cold weather and the house fire, Lawrence said the bare-footed Miles had some incentive to climb down the ladder unaided. 

He was taken into custody.

Fire scene commander Lt. Greg Ireland said it goes against a firefighter's nature to sit back and watch a house burn but until the suspect was in custody that was all city crews could do. They were initially called to the scene to assist with rescuing the woman from the house, which was not yet on fire when they were called. Once they were cleared to attack the fire, firefighters made quick work of it and contained the fire to the second floor and attack.

Lawrence said police are not certain Miles actually had a firearm; none was found.

At about 1 p.m., City Fire cleared the scene, but police and code enforcement remain on Washington Avenue and the duty sergeant has informed dispatch, this incident will tie up the officers who responded for much of the rest of the day. Additional patrols are on duty.

In addition to other arrests over the past few years, Miles was a suspect in a choking incident and the injection of a purple liquid into a dog in August.

UPDATE 7 p.m.: In response to rumors being spread on social media, we asked if the police used tear gas. Chief Shawn Heubusch said there was no tear gas used. Further, police believe evidence points to Miles starting the fire, not the police.

Photos by Howard Owens. Howard Owens contributed to the reporting of this story.

Video submitted by Jim Horncastle.

UPDATE: Photo submitted by Jim Horncastle.

A reader provided these photos of a police barricade on Washington Avenue that is apparently in progress now.

For the past 30 minutes or so there has been a lot of encrypted/scrambled communication on the scanner. 

We have no further information at this time on the incident.

UPDATE(S) (By Billie) 9:50 a.m.: There's a structure fire here. Black smoke is billowing from the attic of a house. City fire and Mercy medics are responding, The location is between Tracy Avenue and Bank Street.

UPDATE 9:56 a.m.: One person is in custody. There are no life-threatening injuries. The address is 207 Washington Ave. Elba Fire Department is called to provide city firefighters with mutual aid. Sgt. Dan Coffey said this started as a domestic incident and that the subject in custody is suspected of starting the house fire.

UPDATE 10:13 a.m.: Officer Marc Lawrence said a female was rescued from the house fire; she did not have life-threatening injuries.

Gov. Andrew Cuomo is pursuing ethics reform that would bar state legislators from holding jobs or owning businesses and would establish the expectation -- though not necessarily the pay -- that they are full-time elected officials.

It's the kind of reform that could potentially force Assemblyman Steve Hawley and State Sen. Michael Ranzenhofer to either quit the Legislature or give up their outside business interests.

During her visit to Batavia yesterday, Lt. Gov. Kathy Hochul said the proposal isn't specifically directed at any current elected officials, including Hawley and Ranzenhofer, but she supports the reform.

When elected officials earn income from sources other than their government jobs, it creates an inherent conflict of interest, she said.

"If you want to serve the people of your state, and this is the highest privilege there is no matter what your level of elective office, you need to respect it and not try to serve two masters," Hochul said. 

"We want legislators focused on them (their constituents) and not their outside income," Hochul added.

These proposals have come along before, Hawley said, and he thinks the idea of a full-time legislature misses the advantages of elected officials living a life outside of politics.

He said one of the problems in this country is we've gotten away from the idea of citizen legislators.

"When a representative's only source of income is being an elected official they lose touch with the reality of everyday life and what real people go through," Hawley said. "No outside income diminishes their grasp on reality.

"When being an elected official is your only source of income, you look at it as an occupation and not an avocation," Hawley said. "That means more conflicts of interest and you need to keep your jobs no matter the legislation and the conflict is greater 100 times over because when that's all you do and it's your only source of income, you will say or do anything to keep that job."

Ranzenhofer, an attorney, agreed with Hawley's main objection to the proposed reform.

"Having outside business interests, whether it's insurance, or being an attorney, or a doctor, or whatever, brings a much more diverse Legislature," Ranzenhofer said. "It means people with real-world experience are serving. I cannot imagine a world where every single member of the legislature is a professional legislator, where that's all they did is legislation and politics."

Hochul said the reform isn't aimed specifically at Hawley or Ranzenhofer, and perhaps for existing members of the Legislature, there could be some sort of grandfather clause that would allow current members to continue to serve.

"I'm not talking about them individually," Hochul said. "I'm talking about the system as a whole. The people of the state deserve to have full-time (legislators)."

Ranzenhofer served on the Senate's judiciary committee and he said his up-to-date, real-work experience working in courts helps inform the debates.

"It's helpful to have people who are engaged in these issues in the real world so we can advise people on how legislation could affect people," Ranzenhofer said.

Hawley has been both an elected official and an insurance company owner, going back to his days on the County Legislature, for 39 years. He said he has consistently handled potential conflicts this way for four decades: he seeks the advice of legal counsel for the elected body.

"There have been a number of occasions where I've asked legal counsel about something we were voting on, whether there was an issue," Hawley said. "There has never been any finding of a conflict that has come to the fore."

If the insurance industry has ever thought they had it in the bag with Hawley, that simply hasn't been the case, he said. He has on several occasions, he said, voted against the lobbying requests of the insurance industry. One example he raised was legislation that would have required agents to disclose to new clients that they were earning a commission from the sale of a policy. The agents' association opposed the legislation and Hawley voted in favor of the reform.

"I think probably 99 percent of the people understand that, but even if just 1 percent don't understand it, then I don't have a problem (with the disclosure)," Hawley said.

Though he keeps busy with attending public events and meeting with constituents, Hawley said he isn't convinced there is enough work in Albany to sustain a full-time Legislature.

If you found an intruder in your house, would you know what to do?

Even if you were armed, would you know what to do?

Or would you panic?

Training in advance of stressful situations is key to surviving potentially hazardous conflicts and defusing them safely for yourself, your family members and even the intruder.

M&S Tactical Solutions in Batavia has set up an Active Home Invasion System at its facility in the Harvester Center in Batavia.

It's designed to provide training for the company's primary clients, local residents who want to improve security in their home, especially if they keep a firearm.

Yesterday, Sheriff William Sheron and members of his command staff -- Greg Walker, Jerry Brewster, Bill Zipfel, and Joe Graff -- toured the new facility (along with Mercy medic Wade Schwab) and Zipfel and Graff both went through simulated home invasion scenarios to experience how the training works.

"I like it because it’s realistic," Zipfel said. "It's not like our tower. There’s actual furniture. It’s really nice."

While the AHIS is set up to train civilians, it's also used by local police officers to get extra training and practice in detecting and reacting to threats in real-life scenarios.

Participants, if armed, are armed with realistic-looking airsoft pistols and wear face masks.

When it's civilians going through, they are given a basic firearm safety course, even if previously trained, just to make sure everybody is on the same page, said M&S owner Jeff McIntire. Then they're put in a scenario to see how they handle it. McIntire and his staff monitor the home invasion scenario thorugh closed circuit video so they can review how things played out with the participants.

"We don’t give them anything at first," McIntire said. "We put them over there because we want to see what your natural reaction is. I want to see what you naturally do. Then we come back here and debrief. Now we can start actually talking about what to do."

One recent participant fired first and asked questions later. That's a measure, McIntire said, of how realistic and stressful the scenarios can be. The adrenaline pumps and your autonomic systems take over and pushes your mind into "fight or flight" mode.

Getting past those automatic responses is what training is about. Repetition helps build up a kind of muscle memory that helps you stay calm and make better decisions.

To help teach the importance of good decision making, not all of the "intruders" are hostile. They might be an Alzheimer patient who is convinced he's in his own home, or a neighbor just knocking on your door. The intruder might even be your wife home early from work. In other words, not every scenario is hostile but could end in tragedy without proper training.

And not every intruder deserves to be shot. A TV, McIntire noted, is not worth a person's life. Participants are taught to better recognize which intruders pose a real life or limb threat to themselves or a family member.

The scenario yesterday for Graff involved the chief deputy just returning home from work. There is an intruder going through his belongings in his bedroom. At some point, the intruder comes out of the room and Graff became aware he was there. In this case, Graff drew his pistol and shouted for the intruder to put his hands where he could see them and get on the ground. As the intruder went down, he was instructed to reach for his mobile phone in his pocket. Graff yelled for him to put his hands back up and the intruder fumbled with his phone and drop it. Graff did not fire.

In the other scenario, Zipfel came home, grabbed a beer and went in the bedroom to ly down. Then two intruders entered. They began searching the living room for items and Zipfel heard the noise. He crouched down, entered the room, spotted the intruder and ordered him to the ground. As he approached the intruder, the second intruder started to enter the room from the kitchen, gun pointed at Zipfel. Zipfel shot him.

In both cases, with their boss Sheriff Sheron watching, they made the right decision.

While officers who use the facility for training aren't earning any sort of certification, McIntire said he recognizes the need for officers to get numerous repetitions of potentially dangerous situations to help improve their decision making.

Whether civilian or officer, repetition and review are key training tools for improved performance.

Without training, McIntire, people often revert to what they've seen on TV or in a movie, and that's not a good place to be.

McIntire said, "We stress getting people to that point with muscle memory where they say, 'I don't have think. I just know what to do.' "

Top photo: The tour in the living room apartment. Next two photos, Graff during his scenario. Fourth photo, monitors showing Zipfel's scenario. Bottom, McIntire and Walker in the facility's firing range (where airsoft guns are used). 

It's not the 107-year sentence former County Court Judge Robert C. Noonan handed down to convicted child molester Sean Vickers, but Vickers will still serve many decades in prison. 

Earlier this year, the jury trial conviction of Vickers was overturned on appeal because the appeals court found he wasn't properly tried under the same counts in the original indictment against him. 

It looked like a new trial for Vickers, but in October, Vickers agreed to a plea agreement. While that means Vickers might avoid a similar 100-year sentence, it also means his victims won't be required to testify again.  

On that guilty plea, today Judge Charles Zambito sentenced Vickers to the agreed-upon 40-year prison term.

He was already serving a 20-year term on a similar conviction in Niagara County.

Nicholas G. Williams, 41, of West Main Street Road, Batavia, is charged with criminal contempt, 2nd, and burglary, 2nd. Williams is accused of unlawfully entering a dwelling in Le Roy with the intent to commit a crime, thereby violating a court order to stay away from the resident. He was also charged with resisting arrest. He allegedly resisted officers when they attempted to place handcuffs on his wrists. He was jailed on $10,000 bail.

Christina M. Sanchez-Anderson, 29, and Kodey R. Mills, 24, both of Church Street, Le Roy, were charged with criminal possession of a controlled substance, 7th. Sanchez-Anderson and Mills were arrested after Le Roy PD responded to a report of a domestic disturbance at 9:30 a.m., Sunday. During the investigation police allegedly observed a crack pipe in plain view in the living room. Mills was released on an appearance ticket. There was a warrant for the arrest of Sanchez-Anderson on an unrelated charge. She was jailed on $1,000 bail.

Lori A. Say, 50, of Roanoke Road, Stafford, is charged with petit larceny. Say is accused of shoplifting from a business on West Avenue in the Village of Le Roy.

James M. Tinker, 25, of Fowler Road, Linwood, is charged with criminal mischief, 4th. Tinker is accused of punching and breaking the window of another person in the Village of Le Roy during a dispute. Tinker was treated for cuts on his hand an issued an appearance ticket.

Chazmar T. Walters, 25, of Myrtle Street, Le Roy, was arrested on a warrant for alleged failure to appear. 

Brian Gilbert Keller, 22, of Sumner Road, Darien, is charged with criminal contempt, 1st, and harassment, 2nd. Keller allegedly spit in the face of another person, a violation of a refrain from offensive conduct order of protection. He was jailed on $10,000 bail, $15,000 bond.

A 64-year-old Elba resident died yesterday following a traffic accident on the Thruway at mile marker 417.2, in Depew, when he was unable to stop in time to avoid rear-ending a tractor-trailer that stopped quickly to avoid another collision.

Edward Torres was transported by ground ambulance following the accident at 1:54 p.m. to Erie County Medical Center where he was pronounced dead.

State Police say Torres was eastbound behind a tractor-trailer that was also eastbound. There was an accident ahead of the truck and the truck came to an abrupt stop. Torres was unable to stop in time to avoid a crash.

There were other people injured and one person remains in serious condition.

The accident remains under investigation.

A skidster is reportedly on fire inside a barn at 7116 Norton Road, Elba. The barn is 75 feet from a house. Elba Fire Department is responding along with Byron. Stafford is requested to stand by in quarters. The location is between Ford and Edgerton roads.

UPDATE 5:08 p.m.: Fire police are requested to shut down traffic at Route 262 and Edgerton Road. Command at the scene tells responders to "take it easy coming in," due to road conditions.

UPDATE 5:23 p.m.: City Engine 11 and Town of Batavia Engine 24 are on scene, too. This is now a working barn fire.

UPDATE 5:28 p.m.: Fire police also requested for traffic control at the intersection of Edgerton and Norton roads, and at Batavia Elba Townline Road and Norton Road.

UPDATE 6:15 p.m.: This occurred at barns owned by Torrey Farms. The fire did not cause structural damage to the barn. Some hay spread through the barn did catch on fire. But there were 120 cows inside and all of them were unharmed and safely evacuated. Cow trailers are being deployed to shuttle the cows to CY Farms' Heifer Farm, where they will be kept temporarily. It is estimated that it will take about 10 trips to transport the cows for safekeeping.

UPDATE 6:24  p.m.: Elba Fire Chief Mike Heale said the skidster fire sparked some hay but there's no significant structural damage to the barn; some top beams may be singed in places -- a later inspection can confirm that. Heale said there was no extension of the blaze.

UPDATE 6:57 p.m.: Town of Batavia back in service, returning.

UPDATE 7:05 p.m.: Elba back in service. Roads reopened.

UPDATE 7:27 p.m.: Correction, the road is still closed. It is closed until the cows have been moved so the trucks can more safely back in. There is at least one more round trip for the trucks.

      Benito Gay

Benito A. "Red" Gay, 29, of Vine Street, Batavia, is charged with two counts of criminal sale of a controlled substance, 3rd, and criminal possession of a controlled substance, 3rd.

Gay is accused of selling crack cocaine to an agent of the Local Drug Task Force on two occasions.

He was indicted by a Genesee County Grand Jury on a sealed indictment.

On Dec. 28, Deputy Ryan DeLong identified Gay as the operator of a vehicle in the Town of Batavia. Following a traffic stop, he was charged with DUI - Drugs, unlawful possession of marijuana, unlicensed operation, and registration plate display violation.

He was issued tickets and released.

Later that evening, deputies learned that Gay was wanted on a sealed grand jury indictment. They proceeded to Gay's residence on Vine Street and took him into custody on the warrant.

He was jailed pending further court proceedings.

Michael A. Shetler is indicted for crimes which allegedly occured in the Town of Oakfield in November. In count one, he is accused of third-degree assault, a Class A misdemeanor. It is alleged that on Nov. 4 Shetler intentionally caused physical injury to another person. In count two, he is accused of fourth-degree criminal mischief, also a Class A misdemeanor, for allegedly intentionally damaging the property of another person -- a cell phone -- on Nov. 4. In count three the defendant is accused of the crime of endangering the welfare of a child, another Class A misdemeanor. It is alleged in count three that on Nov. 5 Shetler knowingly acted in a manner likely to be injurious to the physical, mental or moral welfare of a child less than 17 years old. In count four, the defendant is accused of criminal obstruction of breathing or blood circulation, a Class A misdemeanor, for allegedly applying presuure on the throat or neck of a person "while in the kitchen near the door to the residence." In count five, Shetler is accused of criminal obstruction of breathing or blood circulation on a second occasion on Nov. 5. In count six, the defendant is accused of unlawful imprisonment in the second degree, a Class A misdemeanor, for allegedly restraining a person on Nov. 5. In counts seven and eight, Shetler is accused of second-degree strangulation, a Class D violent felony. It is alleged in counts seven and eight, respectively, that on Nov. 7 Shetler intentionally impeded the normal breathing or blood circulation of another person by applying pressure to the throat or neck of the person, thereby causing stupor, loss of consciousness for any period of time, and/or any other physical injury or impairment while in the bedroom and again while in the bathroom of the residence. In count nine, he is accused of another count of unlawful imprisonment in the second degree for allegedly restraining a person on Nov. 7. In count 10, this man is indicted on another count of third-degree assault for allegedly intentionally injuring a person on Nov. 7. In count 11, he is accused of criminal obstruction of breathing or blood circulation of a person on Nov. 11. In count 12, Shetler is accused of fourth-degree criminal mischief for a second time for allegedly intentionally damaging a person's cell phone on Nov. 11.

James J. Spivey is indicted for the crime of second-degree robbery, a Class C violent felony. It is alleged that on Oct. 25 in the City of Batavia that Spivey forcibly stole property when he was aided by another person who was present. In count two, he is accused of attempted second-degree assault. It is alleged in count two that in the commission, or attempted commission of a felony -- second-degree robbery -- that he or another participant attempted to cause physical injury to a person not involved in the commission of the crime. In count three the defendant is accused of second-degree attempted assault. It is alleged in count three that on Nov. 28 in the City of Batavia that with intent to injure another person, he did so by means of a dangerous instrument -- his footwear.

Lionel J. Anderson Jr. / AKA "PJ" is indicted for the crime of second-degree assault, a Class D violent felony. It is alleged that on Nov. 28 in the City of Batavia that the defendant intentionally caused physical injury to another person by means of a dangerous instrument -- "a street curb and/or a belt."

Robert C. Paris is indicted for the crime of driving while intoxicated as a Class E felony. It is alleged that on Oct. 7 Paris drove a 2000 Chevrolet on Route 63 in the Town of Batavia while in an intoxicated condition. In Special Information filed by the District Attorney, Paris is accused of having been convicted of DWI as a misdemeanor on April 27, 2016 in Batavia City Court and that conviction was within 10 years of the commission of the crime alleged in this indictment.

Robert R. Greiner III is indicted for the crime of driving while intoxicated as a misdemeanor. It is alleged that on June 3 in the Town of Darien that Greiner drove a 2015 Nissan while intoxicated. In count two he is indicted on DWI, per se, as a misdemeanor for allegedly having a BAC of .08 percent or more at the time. In count three the defendant is accused of the crime of unauthorized use of a vehicle in the third degree, a Class A misdemeanor. It is alleged in count three that on June 3 in the Town of Darien that Greiner drove the Nissan knowing that he did not have the owner's consent to do so.

John R. Clee is indicted for the crime of criminal possession of a forged instrument in the first degree, a Class C felony. It is alleged that on July 15 in the Town of Alabama that he intended to defraud, deceive or injure another party by knowingly possessing a forged instrument -- a counterfeit $50 bill in U.S. currency.

In the time the world has gone from rotary phones to smartphones, and the nation has gone from Nixon to Trump, and Adam-12 and Kojak on network TV to viewers streaming Fargo and True Detective, Gordon Dibble has lived out a career in law enforcement.

Not much has changed in 43 years, though.

Dibble said the thrill for cops is still in catching the bad guys.

"Well, you know, the best part about it, and it sounds funny, but we all get in this job to catch the bad guys," Dibble said during his retirement party Friday at the Sheriff's Office. "That's really what we're here for. So, so many times you know who's done the crime. You can't prove it. You can't get them. And that's the most frustrating part.

"But when you're actually involved in catching one of them, physically catching them, like you chase them and you know it is somebody who you know did something wrong, and you know you know, and you get to chase them and maybe physically catch them, I think that was one of the more rewarding things that a guy (in law enforcement) will do."

Dibble feels fortunate to spent his entire career with the Genesee County Sheriff's Office.

He was hired Jan. 6, 1973, by then-Sheriff Roy Wullich, who was six days into his new job, making Dibble his first hire. Dibble, who spent four years in Chicago going to college and getting a degree in corrections, was assigned -- like all new deputies then -- to the jail. After a year, he was transferred to road patrol. After five years on the road, he became the juvenile officer. Then, in 1996, he was put in charge of road patrol with the title of chief deputy.

For a lot of people who work in law enforcement, they call it a career after 21 years. That's how long Dibble headed up road patrol after already putting 22 years in the Sheriff's Office.

"I think that people in this line of work," Dibble said, "they're either the 20-and-out type of people and they're going to maybe go do something different or you're here, you know it, and maybe hopefully become the sheriff or the undersheriff or whatever. You know I think that those are pretty common tracks.

"I was lucky," Dibble added. "I mean, I got different things to do and not everybody gets to do that. There are a lot of great people here that don't get those opportunities because it's just a small department."

Dibble said he was also lucky to work in the kind of job where you never know what your workday is going to be like when you show up at the office. Every day is different and unpredictable. That made 43 years go by fast.

"I know when I worked in factories that clock never moved on a wall," Dibble said. "But this job, you know, days went by, weeks, and months went by, years went by like nothing," repeating with emphasis, "like nothing."

During his farewell speech, Dibble said he felt lucky to work with a lot of good people, not just in the Sheriff's Office, but with Batavia PD, Le Roy PD, State Police, the County Legislature, and other agencies that interact with local law enforcement, and even the local media.

"That's why small towns are great," Dibble said. "Everybody knows everybody and we all want to get the job done."

At the end of our interview, asked if there was anything else he wanted to add, Dibble came back to the theme that he shared during the interview and his farewell speech, how lucky he has been.

"I'm very lucky that I've worked for a great department," he said before taking a long pause, " ... with some really good people. Like I said, I'm a lucky guy. That's all."

Jail Superintendent William Zipfel, Undersheriff Gregory Walker, retired Chief Deputy Gordon Dibble, Sheriff William Sheron, Chief Deputy Jerome Brewster.

The incoming chief deputy of road patrol, Joseph Graff, and Gordan Dibble have fun changing name plates on Dibble's old office.

A deal to sell property on Ellicott Street to Savarino Companies for development of Ellicott Station, which includes a restaurant, office space, and apartments, was finalized in Buffalo today.

Pier Cipollone, president of the Batavia Development Corporation, and Julie Pacatte, economic development coordinator for the BDC, were authorized earlier this week by the BDC board to finalize the property transfer.

Technically, the BDC sold Ellicott Station LLC to Ellicott Station Development LLC/Savarino Companies. Ellicott Station LLC, not the BDC or the City, was the owner of the real estate.  

The sale needed to close by Jan. 31 because of changes in the tax law would have meant loss of a $200,000 tax credit for the new owners.

Savarino is still working with 16 different entities to finalize financing for the development and has some environmental investigations yet to complete. Officials expect financing to close by mid-February.

The Buffalo-based firm is making a direct investment of about $3.5 million and will borrow approximately another $10 million or more, and local, state, and federal programs will cover another $5 million or so of the more than $18 million in project expenses.

Some of the financing is coming through the New Market Tax Credit program, which is one factor in why the financing is complicated (see prior story).

Resurgence Brewery will be the anchor tenant for the development and BDC officials expect a 2018 opening for the new restaurant.

The approximate 64,000-square-foot development will include office space and a five-story apartment complex with 51 units.

The location is the former buildings of Santy's Tire Sales and Soccio & Della Penna Construction.