notify

Police are searching areas west and north of UMMC for a man in a hospital gown and underwear who escaped custody while at UMMC.

The man is a suspect in an assault and was taken to UMMC for a mental health evaluation.

Search areas have included the area around Dwyer Stadium and behind the high school, North Side Apartments, Walden Estates and the general area.

The suspect is a male in his 30s.

If spotted, Emergency Dispatch can be reached at (585) 343-5000.

UPDATE 10:26 a.m.: The man remains at large and is not considered armed; he's wearing a hospital gown and boxer shorts. Police plan to charge him with third-degree assault, and other charges, stemming from a domestic incident in Elba last night. A State Police helicopter will soon be deployed -- an ETA of about 20 minutes -- and a DEC canine unit is on scene. The search area is Bank Street in the city, northwest between the Thruway and the high school. The command post is by Walden Estates apartment complex, where the suspect was last seen.

UPDATE 11:17 a.m.: The suspect has been spotted on State Street Road by the Thruway. He is only wearing blue underwear, having jettisoned the hospital gown.

UPDATE 11:20 a.m.: The suspect has been taken into custody in a field north of the Thruway.

The U.S. Marshals Service is asking for the public's assistance in locating a fugitive who is a suspect in the rape and murder of a 13-month-old girl.

The fugitive is traveling with an unknown male in a pickup truck with New York license plates, which has led them to suspect the two men may travel to or through Western New York.

The men were last seen Oct. 13, in Girard, Pa.

The suspect is Joshua Gurto. He is 37 years old, approximately 5'10" tall and 145 pounds. He may have a deformed right ear, misaligned jaw and tattoos on his right forearm.

A reward is offered for information that leads to his arrest.

He is wanted by the Conneaut Police Department in Northern Ohio 

The two men are traveling in a dark gray Ford F-150.

Anyone with any information that can help identify the unknown male in the photos is asked to call 1-866-4WANTED.

Tips can also be sent via text message by typing keyword WANTED and tip to 84711 (tip411).

People providing tips can remain anonymous. 

As County Manager Jay Gsell gets closer to pitching his proposed 2018 budget to county legislators, the focus in budget talks is on what staff positions will be created and which will be eliminated.

New positions might include a compliance officer, a first assistant district attorney, and a program coordinator in the Department of Mental Health.

On the way out are a child care worker in Social Services and a youth program specialist in the Youth Bureau.

Many of the positions being eliminated are reclassifications of jobs within the same department. For example, in Mental Health, two part-time clerk-typist positions become one full-time position. Public health is eliminating a principal financial support specialist but adding an administrative officer and part-time senior financial clerk-typist.

If a first assistant district attorney position is created in the District Attorney's Office, which is expected to go to Melissa Cianfrini at a salary of $111,783, an assistant district attorney position, with a salary of $91,915, will be eliminated.

The headline new position, however, is the compliance officer. The potential salary is $87,694 and the position will report to the county manager. The compliance officer will make sure the county is meeting all federal and state requirements for privacy, disability accessibility, health record privacy and other codes and regulations that are often tied to the grants the county receives from state and federal agencies.

“If Tim Yaeger or somebody wants to apply for a Federal grant, a Homeland Security grant, or some other kind of grant, they can the requirement of the grant, hand it to the compliance officer who can digest it and make sure we are currently meeting the requirements or what kind of changes do we need to make administratively to make sure we’re going to meet requirements,” said Matt Landers, assistant county manager.

There are millions of dollars in grants at stake in the county if the county fails to meet compliance requirements. 

The qualified job applicant will have a four-year degree and at least two years related work experience, or a master's degree and two years experience.

The Youth Bureau is eliminating a position because there's no guarantee the federal government is going to continue to fund Americorps. That program ends at the end of the year and the current director of the program will spend January and February winding down the program and then will be out of a job.

The Sheriff's Office is also asking to add two new positions, an assistant to the director of emergency communications, at a salary of $67,109, and an emergency services dispatcher, $43,128.

From the current budget draft, Gsell must trim $257,831 to arrive at a tax rate of $10.13, which keeps the tax levy increase within the tax cap limit. Without further cuts, the Legislature would need to approve a tax cap override. If the Legislature wants to get the tax rate down to this year's $10.07 per thousand of assessed value rate, Gsell will need to find $460,000 in additional spending cuts.

Gsell will present his draft budget and his annual budget message later this month.

A group of non-smoking residents at 400 Towers are demanding stronger enforcement of a no-smoking policy that was instituted in April and they've prepared a petition for the Housing Authority asking for sterner measures against rule violators.

Nathan Varland, executive director of the Housing Authority, said the agency is doing everything it can to enforce the ban on smoking in apartments, in the building and anywhere within 25 feet of the building.

"I'm also frustrated," Varland said. "We put a policy in place in order to help us go in a healthier direction and it's something I feel strongly about and something I want to move forward on."

Varland has been the director since 2015 and he said work on the policy began under the previous housing director. It took a long time to implement because the authority wanted to make sure it was rolled out to residents in a way that gave them time to adjust their living arrangments if necessary.

There was a 60-day notice prior to the policy becoming official. That gave residents who wanted to continue smoking in their apartments time to move and while some people did move during that 60-day period, Varland couldn't say whether they left 400 Towers specifically because of the new policy.

There have been five residents who quit smoking as a result of the new policy, however, Varland said.

According to the non-smoking residents, many who gathered in a meeting Friday night led by resident Beverly Morgan, most of the residents who smoke are complying with the rules, but there are about 20 residents who continue to either smoke in their rooms, in hallways and stairwells or in the front of the building.

"There's no place you can go outside and not smell smoke," Morgan said.

Residents expressed concerns about the dangers of secondhand smoke, especially for vulnerable people, such as seniors and those with related medical issues. It's not just an issue with smelling smoke, they said, but a real health concern.

Under the new policy, smokers who violate the rules get three chances to comply. First, there is a written warning, then a fine, and then eviction.

"I know for a fact there are some people who should have been evicted already," said one resident at Friday's meeting.

That isn't accurate, Varland said. There are a few residents who are on the cusp of a third violation, but they haven't crossed the line yet.

"There are certainly not people who have three strikes right now," Varland said. "We go by our own policies as much as we try to enforce our policies fairly. If we have evidence we move ahead with eviction."

Getting evidence can be difficult, however. During non-office hours, the only people around to file complaints about smokers are other residents. There is a group of volunteers who are empowered to patrol the building and grounds and turn in complaints, but those complaints must still be substantiated in order for the housing authority to take action.

While the Batavia Housing Authority developed its own policy, during the period of implementation, the Housing and Urban Development Department issued its own policy banning smoking at HUD-funded facilities.

"A few tenants have been slower to realize that it's time to change their habits or move," Varland said. "That's up to them. We can only enforce our policy the way it is intended and we're going to enforce it."

The authority also recently received a grant from the Greater Rochester Health Foundation to build amenities, outdoor spaces, for non-smokers and those projects should be completed by late spring or early summer, Varland said.

Cigarettes aren't the only smoking issue Varland is dealing with. Residents said, and Varland confirmed, there is also some marijuana use at 400 Towers. 

Varland said the housing authority is bound by federal law to treat smoking marijuana like any other illicit drug use. It's a crime and Batavia PD has been cooperative in trying to investigate these crimes, he said.

"We are forced to take it very, very seriously," Varland said.

Tatiana C. Lugo, 22, no permanent address, Batavia, is charged with: second-degree harassment;third-degree robbery; endangering the welfare of a child; tampering with physical evidence; and criminal mischief, 4th. Lugo was allegedly involved in a fight with a male on Bank Street at 1:02 p.m. Sunday in the presence of two young children. During the course of the investigation by officers Kevin DeFelice and James Prusak, Lugo allegedly stole property from the victim. Lugo was ordered held without bail.

Patrick Ervin Say, 57, of Nesbitt Road, Attica, is charged with DWI, driving left of pavement markings, and failure to keep right. Say was allegedly involved in a single-car accident on Molasses Hill Road, Bethany, at 5:43 p.m. Sunday. The accident was investigated by Deputy Ryan Delong and Sgt. Jason Saile. (Initial Report)

Shane Lee Hoehn, 43, of Seven Springs Road, Batavia, is charged with DWI, driving with a BAC of .08 or higher, failure to notify DMV of address change, and driving over the divide on a divided highway. Hoehn was stopped at 2:16 a.m. Sunday on East Main Street, Batavia, by Deputy Eric Meyer.

Clifford W. Matthews, 43, of Batavia Stafford Townline Road, Stafford, is charged with DWI, driving with a BAC of .08 or greater, moving from lane unsafely, drinking alcohol in a motor vehicle, and leaving the scene of a property damage accident. Matthews was allegedly involved in an accident on Batavia Stafford Townline Road, Stafford, at 4:43 p.m. Friday. The accident was investigated by Deputy Jenna Ferrando and Sgt. Eric Seppala.

Shawn Micheal Koegl, 30, of Alleghany Road, Attica, is charged with: DWI; driver view obstructed; possession of an open container; failure to keep right; and uninspected motor vehicle. Koegle was arrested following an investigation by deputies Mathew Clor and Eric Meyer into an accident at 2:02 a.m. Saturday on Route 77, Darien.

Passiona C. McConnell, 39, of Bank Street, Batavia, is charged with a curfew violation under the Batavia Municipal Code. McConnell was charged after her underage son was located in public after curfew. The youth was located at 12:59 a.m., Oct. 7, in the area of 20 Main St., Batavia, by Officer Peter Flanagan.

Michael J. Henry, 50, of Ellicott Street, Batavia, is charged with disorderly conduct. Henry allegedly refused a lawful order by police to disperse at 10:45 p.m. Saturday while at Van Detta Stadium. Henry was arrested by officers Frank Klimjack and Stephen Cronmiller.

Joseph R. Paner, 37, of Cheekwood Drive, Cheektowaga, is charged with driving while ability impaired by drugs. Paner's vehicle was located after a complaint at 9:27 p.m. Saturday on Genesee Street, Pembroke, of a vehicle being operated erratically. Deputy Ryan DeLong initiated a traffic stop. Assisting in the investigation was Sgt. Thomas Sanfratello and Deputy Eric Meyer.

(name redacted upon request), 42, of Bethany, is charged with DWI. xxxx was stopped by State Police in the City of Batavia at 9 a.m. Friday. No further details released. 

Invictra, comprised of four young men from Le Roy, is the Battle of the Bands champion in the annual summer-long contest sponsored by Smokin' Eagle BBQ & Brew.

Invictra and The Travis Prinzi Band battled in the finals last night in a tent outside the tavern in Le Roy and the judges and audience picked the heavy metal quartet as the winner.

Invictra is Josh Zalar, vocals and guitar, Alex Dunn, guitar, Dylan Thompson, drums, and Steve Stephany, bass.

The band released a single in July, "A Cardinal Sin."  

The band was the first entry to perform this summer and the growth of the band from June to October was apparent in last night's performance. There's a real polish to their performance now. They are tighter, more confident, more polished and perform with greater energy.

In addition to the championship title and a chalice, the band received a $1,000 cash prize.

The Battle of the Bands raised $3,000 for Golisano Children's Hospital.

The Sheriff's Office has made an arrest in the stabbing of a man behind businesses on Veterans Memorial Drive, Batavia, on Friday night.

Jeffrey L. Barr, 18, no permanent address, was located by Batavia Police Officer Christopher Lindsay at State Street and Washington Avenue, Batavia, at 8:30 p.m. on Saturday.

Barr is charged with attempted murder in the second degree, a Class B felony. He was arraigned in Town of Batavia and jailed without bail.

Barr is accused of stabbing a man from Buffalo multiple times, including in the neck and chest, at 9:30 p.m., Friday, behind the mall at 4140 Veterans Memorial Drive, the location of Jagged Edges, Pawn King, Yume Asian Bistro and Peebles.

The victim stumbled to the parking lot of Batavia Downs where he was located by a good Samaritan who called 9-1-1. Deputies arrived on scene and provided first aid until Mercy medics arrived.

Barr was identified as the suspect early on and deputies and members of the Local Drug Task Force, working closely with Batavia PD, spent most of Saturday trying to locate him, based on tips that indicated he was in the Batavia area.

The name of the victim and his current medical condition has not been released.

The Sheriff's Office is investigating a stabbing that occurred about 9:30 p.m., Friday, behind a shopping mall on Veterans Memorial Drive.

A male victim was stabbed in the throat.

A good Samaritan found the victim in the parking lot of Batavia Downs and called for help. Deputies arrived on scene first and administered first aid until medics arrived.

The stabbing is believed to have occurred behind 4140 Veterans Memorial Drive, the location of Jagged Edges, Pawn King, Yume Asian Bistro and Peebles.

The victim was transported by Mercy EMS to ECMC for treatment of serious injuries.

The investigation is ongoing.

Deputies were assisted at the scene by Batavia PD, State Police, Mercy EMS, and security staff from Batavia Downs.

A motor-vehicle accident, possibly with multiple people trapped inside a vehicle, is reported in the area of 5955 Ellicott Street Road, Bethany.

The vehicle may have rolled over.

Bethany Fire, Stafford Fire and two ambulances from Mercy EMS requested to the scene.

Mercy Flight being put on ground standby.

Pavilion Fire requested to standby in quarters in case needed.

UPDATE 11:40 a.m.: Everyone got out of the vehicle. Stafford went back in service. At least one person was transported to Strong Memorial Hospital.

UPDATE 11:45 a.m.: There were never "mulitple people" involved in this accident, only the driver, who was taken to Strong. It was a rollover accident and State Police are investigating.

Joseph Lee Henry, 31, of Chaddock Avenue, Hornell, is charged with felony DWI, aggravated unlicensed operation first, unlicensed operation of a motor vehicle, drinking alcohol in a motor vehicle, and moved from lane unsafely. Henry was stopped at 11:47 p.m., Tuesday, on Tinkham Road, Darien, by Deputy Eric Meyer. Henry was also cited for inadequate exhaust and illegal stickers. He was jailed without bail.

Thomas A. Culver Jr., 38, of Wood Street, Batavia, was arrested on a warrant for alleged failure to appear for his intermittent jail sentence for several weekends. He was jailed on $2,500 bail.

Roseann Cooper, 48, of Pearl Street, Batavia, was arrested on a warrant for alleged failure to appear on a charge of second-degree aggravated unlicensed operation. Cooper posted $500 bail and was released.

Aisha I. Culver, 19, of Batavia, is charged with unlawful possession of marijuana. Culver was arrested in Le Roy by State Police. No further details released.

A Perry woman accused of recklessly causing serious physical injury to a male victim by means of a motor vehicle on Fargo Road, Stafford, in June 2016, entered a guilty plea in Genesee County Court today one count of attempted assault in the second degree.

Nicole Sullivan, 31, appeared in court today for an evidentiary hearing in advance of a criminal trial, but before the hearing agreed to the plea deal, which has no sentencing cap. Since she has no prior felonies, the Class E felony conviction carries of a possible prison sentence of one-and-a-half to four years, or one to three years with up to five years probation.

Sullivan was arrested 10 months after the June 10, 2016, accident in which she ran her car into a tree on Fargo Road with a disabled person as a passenger. She was also charged with endangering the welfare of an incompetent or physically disabled person.

While out of jail awaiting further legal proceedings Sullivan was arrested again and accused of taking part in a scheme to steal $700 in phone cases from Walmart.

Today's plea satisfies the charges from the 2016 crash and the theft from Walmart.

With her arrest, Sullivan's release status was revoked and she was ordered held on $5,000 bail or $10,000 bond. Judge Charles Zambito agreed to reduce her bond to $5,000, but not without a warning.

"I don't know if I'm going to sentence you to prison," Zambito said. "I have to read the pre-sentence report. If you make it out on bail and don't come back for your sentencing, you're going to get the maximum prison sentence."

Sullivan said she understood.

Jacob J. Camerera, 26, of Ross Street, Batavia, is charged with unlawful possession of marijuana and unlawfully growing cannabis. Camerera was arrested after police responded to a neighbor illegally burning garbage at 10:03 a.m., Sunday. While Officer Mark Lawrence and Sgt. Daniel Coffey were explaining the violation of the Batavia Municipal Code, they noticed marijuana plants growing on the roof of Camerera's residence. Camerera was issued an appearance ticket and released.

Guy J. Bontrager, 46, of Werner Road, Attica, is charged with trespass. Bontrager allegedly drove an ATV on leased property on Spring Road, Alexander, without permission at 5:48 p.m. Oct. 1 causing inconvenience to deer hunters in the area.

Woodrow C. Horseman, 41, of Porter Avenue, Batavia, is charged with harassment, 2nd, and criminal mischief, 4th. Horseman allegedly pushed another person against a wall and then threw that person's phone in the road when the person tried to call the police. The incident was reported at 3:17 p.m., Thursday.

Jeffrey D. Freeman, 37, of South Spruce Street, Batavia, is charged with harassment, 2nd. Freeman was allegedly involved in a domestic incident at 9:50 a.m. Thursday on South Spruce Street, Batavia.

Sy Jesman T. Brown, 32, of Rochester, is charged with criminal impersonation. Brown was arrested by State Police following a traffic stop on the I-490 in Le Roy at 9:15 a.m., Sunday. Also arrested and charged with criminal impersonation, 31-year-old Natassia V. Travis, of Rochester. Karaya D. Cummings, 28, of Rochester, was charged with criminal possession of a controlled substance and aggravated unlicensed operation. All were ordered held on bail. No further details released.

Tyshawn K. King (AKA "Bullet," AKA "Jodeci" or "Jodecee") is indicted for the crime of second-degree attempted murder, a Class B violent felony. It is alleged that on Sept. 20 in the area of Thorpe Street, near Maple Street, in the City of Batavia, that King -- with intent to commit second-degree murder, specifically with intent to cause the death of another person -- engaged in conduct "which tended to effect the commission of such crime" by shooting the intended murder victim with a gun. In count two, the defendant is accused of the crime of first-degree assault, also a Class B violent felony. It is alleged in count two that with intent to cause serious physical injury to another person, King caused such injury by means of a deadly weapon or dangerous instrument, a gun. In count three, King is accused of the crime of criminal use of a firearm in the first degree, another Class B felony, for allegedly commiting a violent felony offense and possessing a deadly weapon, in this case a loaded gun, and/or displaying what appeared to be a pistol, revolver or other firearm.

Marie L. Gardner and Jason A. Shaffer are indicted by the Grand Jury of Genesee County. In count one, Gardner is accused of the crime of first-degree burglary, a Class B violent felony. It is alleged that between Jan. 28 and 29 Gardner entered or remained unlawfully in a dwelling on West Main Street Road in the Town of Batavia, with the intent to commit a crime. In so doing, at some point she or another participant in the crime caused physical injury to a person who was not a participant in the crime. In count two, Shaffer is accused of the crime of second-degree burglary, a Class C violent felony. It is alleged in count two, that between Jan. 28 and 29, he entered or remained unlawfully in a dwelling on West Main Street Road in the Town of Batavia, with the intent to commit a crime. In count three, Gardner is accused of the crime of second-degree burglary, a Class C violent felony, for entering or remaining unlawfully inside the same dwelling during the same time period on a second occasion with the intent to commit a crime. In count four, Shaffer is accused of first-degree burglary, a Class B violent felony, for entering or remaining unlawfully inside the same dwelling during the same time period on a second occasion with the intent to commit a crime. In so doing, at some point he or another participant in the crime caused physical injury to a person who was not a participant in the crime. In count five, Shaffer is accused of the crime of second-degree strangulation, a Class D felony. It is alleged in count five, that at the same time and place, he acted with intent to impede the normal breathing or circulation of blood of another person by applying pressure on the throat or neck of the victim, thereby causing stupor, loss of consciousness and/or other physical injury or impairment. In count six, Shaffer is accused of the crime of third-degree attempted assault, a Class B misdemeanor, for intentionally attempting to cause injury to a person. In count eight, Gardner is accused of the crime of third-degree menacing, a Class B misdemeanor. It is alleged in count eight that Gardner used physical menace to intentionally place another person in fear of death, imminent serious physical injury or physical injury, or attempting to do so. In count nine, Shaffer is likewise accused of third-degree menacing for allegedly using physical menace to intentionally place another person in fear of death, imminent serious physical injury or physical injury, or attempting to do so.

Jacob J. Russell is indicted for the crime of criminal possession of a controlled substance in the fifth degree, a Class D felony. It is alleged that on March 31 in the Town of Byron that Russell knowingly and unlawfully possessed a controlled substance -- lysergic acid diethylamide -- more commonly known as the hallucinogen LSD, with intent to sell it. In count two, the defendant is accused of the same crime on the same day for allegedly knowingly and unlawfully possessing another controlled substance with intent to sell it, psilocybin mushrooms (sometimes called 'shrooms, or "magic mushrooms"), also a hallucinogen. In count three, he is accused of the same crime as in count two, but on a different day, April 7. In counts four and five, the defendant is indicted for the crime of criminal possession of a weapon in the fourth degree, a Class A misdemeanor, for allegedly possessing "a firearm, electonic dart gun, electronic stun gun, gravity knife, pilum ballistic knife (which has a detachable blade that can be ejected to a distance of several yards by pressing a trigger or operating a lever or switch), metal knuckle knife, cane sword, billy, blackjack, bludgeon, metal knuckles, chukka stick, sand bag, sand club, wrist-brace type sling or slingshot, shirken or "kung fu star," to wit, respectively: a gravity knife and a switchblade knife. In counts seven, eight and nine, he is accused of criminal possession of a controlled substance in the seventh degree, Class A misdemeanors, for allegedly knowingly and unlawfully possessing a controlled substance, psilocybin mushrooms, on March 31, and on two occasions April 7. In count 10, he is accused of another count of criminal possession of a controlled substance in the seventh degree, but this time it's for LSD. In counts 11, 12, 13 the defendant is accused of unlawful possession of marijuana ("contrary to Penal Law Section 221.05") for allegedly knowingly and unlawfully possessing marijuana on March 31 and twice on April 7, respectively, in the Town of Byron. In count 14, Russell is indicted for the crime of growing, by unlicensed persons, the plant known as cannabis (marijuana), which is a Class A misdemeanor. It is alleged in count 14, that on April 7 in the Town of Byron that Russell grew the plant of the genus Cannabis, or knowingly allowed it to grow on his land without destroying it; he allegedly grew it in his residence.

Randy K. Wilmet is accused by the Grand Jury of the offense of third-degree assault, based on Prosecutor's Information (#2017-01), which is a Class A misdemeanor. It is alleged that on July 21 in the City of Batavia that Wilmet intended to cause physical injury to another person and did so. In count two of the indictment, again based on Prosecutor's Information, Wilmet is accused of third-degree menacing, a Class B misdemeanor. It is alleged in count two that Wilmet on the same day, by means of physical menace, intentionally placed another person in fear of death, imminent serious physical injury or physical injury, or attempted to do so. On Sept. 29, Genesee County Court Judge Charles N. Zambito approved an order authorizing the filing of the Prosecutor's Information charging the defendant with the offenses, which were subsequently filed with City of Batavia Court.

Meghan K. Gould is indicted for the crime of fourth-degree grand larceny, a Class E felony. It is alleged on between Oct. 5 and Oct. 19, 2016, that she stole U.S. currency in excess of $1,000.

Matthew H. Delosh is accused of the crime of aggravated unlicensed operation in the first degree, a Class E felony. It is alleged in the indictment that on May 8 in the City of Batavia that Delosh drove a 2003 Saturn on Evans Street, Ellicott Street and South Swan Street while knowing, or having reason to know, that his driver's license was suspended or revoked by authorities and that at the time he was under the influence of alcohol or a drug. In count two, he is accused of the crime of driving while intoxicated, as a misdemeanor, on the same day and in the same places. In Special Information, the District Attorney accuses the defendant of having been convicted of driving while ability impaired by alcohol on April 19, 2012 in the Town of Salina Court, County of Onondaga, and that conviction forms the basis for the suspension or revocation referred to in count one of the indictment. Furthermore, the DA accuses Delosh of knowing, or having reason to know, that the prior conviction existed and that his driving privilege was therefore suspended or revoked because of that prior conviction.

John P. Daley is accused of the crime of driving while intoxicated, as a Class E felony. It is alleged in the indictment that on May 21 in the Town of Alabama, Daley drove a 1998 Honda on Route 77 while in an intoxicated condition. In Special Information filed with the indictment, District Attorney Lawrence Friedman accused Daley of having been convicted of the crime of aggravated driving while intoxicated, per se, as a Class D felony. The DA accuses Daley of being so convicted on June 19, 2008 in Erie County Court, and the conviction was within 10 years of the crimes alleged in this indictment.

District Attorney Lawrence Friedman thought for sure he was going to have to retry the local case against convicted child molester Sean Vickers after an appeals court overturned four of his jury trial convictions from 2014.

Vickers was back in Genesee County Court today. He was originally scheduled for a hearing on who his trial attorney would be and to clarify whether Vickers would testify before a grand jury presentment on the evidence against him this coming Tuesday.

Instead, Vickers surprised Friedman by agreeing to a plea deal that would cap his potential prison term on the charges to 40 years.

In 2014, Judge Robert C. Noonan handed down a 107-year sentence after Vickers was convicted at trial on similar charges.

The plea deal Vickers accepted today is the same one he turned down before that trial.

Since then, he's been convicted of one count in Genesee County that carried a seven-year prison sentence and of sexual abuse charges in Niagara County that resulted in a 20-year sentence.

This afternoon, Vickers was arraigned on four counts of course of sexual conduct in the first degree. He entered a guilty to plea to two counts in satisfaction of all four charges.

The four charges covered acts against two different victims, and the two counts admitted to were for sexual acts against a child under age 13 in 2001 through 2002 in the City of Batavia.

If the case had been presented to a grand jury, Friedman would have asked the grand jury to return an indictment that included two counts of predatory sexual assault against a child in the first degree, a Class A2 felony, which would have carried a mandatory sentence of 15 to life or 25 to life.

The plea deal means the victims won't have to testify in a second Genesee County trial and the 48-year-old Vickers won't likely get out of prison before the start of the second half of the century.

The City of Batavia will receive a $10 million award from the State of New York as a regional winner in the 2017 Downtown Revitalization Initiative Contest.

Gov. Andrew Cuomo made the announcement moments ago at City Centre.

Batavia is one of 10 regional winners around the state, beating out other applicants in the Finger Lakes region.

MORE T/K

The conviction and 20-year prison term for Akeem Simmons, the then 23-year-old man who, with a partner, burglarized a home on Park Avenue, Batavia, in January 2014 will stand an appeals court has ruled.

An attorney for Simmons appealed both the conviction on a claim of an undisclosed deal with a witness and the sentence as too harsh.

The Appellate Division, Fourth Judicial Department, ruled against both motions.

Simmons and Nathaniel Davis burglarized the occupied home and Simmons was accused of carrying a gun during the commission of the crime. Davis testified against Simmons and after his testimony, Davis was sentenced to five years in prison after pleading guilty to burglary.

At trial, Attorney Thomas Burns, representing Simmons, argued that it seemed clear to him that there was an undisclosed deal between Davis and the District Attorney's Office.

At trial Davis, under oath, denied there was any deal in exchange for his testimony. District Attorney Lawrence Friedman said no deal was made in order to get Davis to testify.

A request by Burns for a separate hearing was denied by Judge Robert C. Noonan.

The appellate judges found there was no evidence to support the claim of an undisclosed deal.

The judges also ruled that because of the prior criminal record of Simmons, which included two prior burglary convictions, the 20-year prison sentence was neither harsh nor severe.

A Batavia man is facing Federal charges for allegedly viewing child pornography while using a computer in the Richmond Memorial Library in Batavia.

Robert Roy Richmond is being charged under a Federal statute that prohibits viewing child pornography that has been transmitted across state lines.

According to an affidavit filed in U.S. District Court, FBI agent Jennifer Amo opened the investigation after the bureau was notified by Batavia PD in January of an investigation into a computer being used to view child pornography at the library.

The case started when a library employee who was working in the DVD section saw a man at a computer looking at a pornographic picture of a child in fishnet stockings.

As soon as the man left, the employee shut down the computer and put an out-of-order sign on it in order to preserve any potential evidence until police arrived.

Library employees told Amo that Richmond came to the library every morning and used a computer.

Richmond was identified as the suspected computer user because he had to input his library card number to access the system. He was also identified as a suspect by the employee through a photo lineup.

Another library employee told Amo that Richmond may have been coming into the library since 2014 to view adult pornography and had been confronted four or five times by the employee about it.

Upon questioning, Richmond allegedly admitted he's been viewing child pornography since 2009.

The FBI conducted a forensic examination of the computer and the affidavit contains a description of two the images allegedly found on the hard drive. Both are sexually explicit, of girls who are about 6 or 7 years old.

No information has been released yet on the status of the pending legal case.

Anthony J. Nobile, 28, of New York Place, Batavia, is charged with trespass. Batavia PD was dispatched to 18 Evans St., Batavia, which is the City of Batavia Fire Hall, to investigate a complaint of a male subject who would not leave. Nobile was arrested and released on an appearance ticket.

Kiha Samuel McNear, 19, of Walnut Street, Batavia, was arrested on a warrant for alleged failure to appear. McNear was located by Officer Frank Klimjack and taken into custody. He was arraigned and jailed on $1,000 bail.

Tyrone N. Thigpen Sr., 40, of Jackson Street, Batavia, is charged with criminal contempt, 2nd. Thigpen allegedly violated a stay away order of protection at 7:50 a.m., Monday.

Jordan B. Abrams, 25, of Alabama, is charged with harassment, 2nd. Abrams was arrested by State Police in connection with an incident reported at 10:24 p.m. Sept. 24 in the Town of Alabama. No further details released.

Felicia A. Dumar, 27, of Byron, is charged with endangering the welfare of a child. Dumar was arrested by State Police in connection with an incident reported at 10:07 a.m. Tuesday on Swamp Road, Byron. No further details released.

Russell S. Almeter, 63, of East Aurora, is charged with DWI and driving with a BAC of .08 or greater. Almeter was stopped by State Police at 12:14 a.m. Wednesday on the Thruway exit ramp in Pembroke. He was also charged with unlawful possession of marijuana.

If the current administration in the White House was successful in closing the southern border and deporting all migrant farm workers, it would be devastating to Upstate's economy according to a report prepared earlier this year by Farm Credit East.

Libby Eiholzer, a bilingual dairy specialist with Cornell Cooperative Extension, shared the finding of the report during a presentation Tuesday to the County Legislature's Human Services Committee.

"What they found was there are at least a thousand farmers in the state that are at a higher risk, that they are highly dependent on immigrant labor," Eiholzer said. "If they lost their employees they could potentially go out of business. It would reduce the ag production by over $1 billion. There would be 900,000 fewer acres in production. On-farm jobs would be reduced by 20,000 and then there would be another 23,000 fewer off-jobs in the industry. The total economic impact would be $7.2 billion."

Farmers are so dependent on immigrant labor that they feel caught between INS enforcement and farm labor advocacy groups, Eiholzer said. Both the agency and the labor groups, farmers fear, are a threat to their ability to stay in business. That makes them hesitant to raise their concerns publicly about immigrant labor or work with the advocacy groups to ensure farm workers receive adequate care and protection.

What Eiholzer and a colleague did earlier this year was convene a focus group of dairy farmers from Genesee, Orleans and Wyoming counties in Batavia, which allowed farmers to speak out anonymously so Cornell could complete a study on the status of immigrant labor.

"This was the largest number of farms that we surveyed," Eilholzer said. "We also talked to 200 workers on those farms. What we found is that these farms, that are really representatives of other farms of similar size in the state, are very reliant on a Hispanic workforce. Seventy percent of the farms that we surveyed had at least half, if not all, of their workforce comprised of Hispanic individuals, and another quarter had a portion of their employees comprised of Hispanic individuals."

The farmers do all they can to ensure their workers have the proper documentation to allow them to work in this country, but they don't have the resources or the authority to dig too deeply. If they ask for paperwork beyond what they would as an Anglo worker, they risk accusations of discrimination.

"The only way to know the I-9 forms are not accurate is if the INS comes to your farm and does an I-9 audit and they tell you somebody is not allowed to work here," Eiholzer said. "Farmers do their due diligence to make sure people are eligible to work here but at the same time, you know that at least half of the immigrant farm workers here in the country (are undocumented)."

The full report (pdf) outlines what Eiholzer and researcher Thomas R. Maloney found.

Among the findings, it's very hard to find native-born New Yorkers to take manual labor farm jobs.

The managers also looked locally to recruit American workers through local high schools or BOCES programs, but with very little success. American workers often require a lot of social services support, which adds additional time and burden on the employer through additional paperwork requirements imposed by the social services programs and often resulting in a failed employment scenario.

Advocacy groups are pushing for higher wages, overtime pay, better housing conditions, and the right of workers to form labor unions. While farmers acknowledge there are things that could be done to make life better for workers, they don't feel the advocacy groups understand the farm business and are really out to destroy them. That distrust prevents them from bringing leaders from these groups to the farms to work with them on improving conditions.

From the report:

Their concern stems from their belief that these groups have an agenda to ultimately harm their farms, rather than actually to help farm workers. ... The advocacy groups have referred to farm employment practices as a form of “modern-day slavery,” which underscores the tone of animosity that these groups have toward the employers. 

Starting hourly pay for milkers is $9.34, with the highest rate going to $11.05. The highest rate for any Hispanic worker on average is $12.94. Farmers acknowledge, as a matter of being competitive for workers, the starting rate was low. Since the report was issued, the minimum wage rose to $9.70 and it will go over $10 an hour after the first of the year. Farmers have adjusted wages for all workers accordingly.

The farmers often provide free housing. They said the housing, especially group housing, is difficult and expensive to maintain, and this is an area where advocacy groups could actually help if they could be trusted to come onto dairy farms and not disrupt operations.

At the same time, if the state keeps increasing the minimum wage, and farmers are forced to pay overtime, and workers are allowed to form unions, housing is one area farmers could be forced to cut expenses, even charging rent to workers to offset higher labor costs.

Eighty percent of Hispanic dairy farm workers in the state receive free housing from their employers.

As financial pressures build on the farms, the result is to push some of the costs down to the employees. This phenomenon is commonly seen in other industry sectors when costs increase for the employer. This presents serious complications, as the Department of Labor has stringent compliance regulations regarding on-site housing for employees. There is a concern that employers may take advantage of their employees when there is a landlord/tenant relationship as part of employment. Focus group participants would prefer not to be in the landlord business. 

A change in overtime rules would also have a trickle-down effect that would hurt workers, the report found.

Their Hispanic workers who ask to work 60-70 hours per week and would seek other employment that would meet their income expectations. Those who do not leave likely will be upset, as their hours and overall pay will be cut drastically. These are the workers who most want to maximize their earnings but would end up earning less. Employers acknowledge that this move will force them to hire more people to work fewer hours or start to think about switching to robotic milking systems. 

The unpredictability of the Trump Administration on immigration and reports of greater enforcement and how these political factors have changed the perception of Hispanic workers in the communities where they live have caused fear and anxiety for farmers and workers.

This level of unpredictability is causing a sense of fear and nervousness for farm employers, workers, and the community at large. Interestingly, it was stated that the workers are not worried about crossing the border, but they are very concerned about being deported from Western New York. The most damaging and immediate impact of the recent Executive Order has been to instill a sense of fear in the community regarding these employees. Some Hispanic employees have stopped leaving the farm altogether since the order was announced. They will pay others to purchase their groceries for them, as they are afraid to be seen out in public. Farm employers are very concerned about the impact that this type of self-imposed isolation will have on their employees.

There is a perception among focus group participants that the Trump Administration is focused on jobs for Americans and does not comprehend the impact agriculture has on the U.S. economy. Agriculture is a $30 billion industry.

When this year's seniors at Batavia High School are handed their diplomas this spring, they will see a familiar face, a face they've known since they were kindergarteners in the City School District -- Paul Kesler.

This winter, Kesler will end a 13-year run as the principal of John Kennedy School and become principal of Batavia High School. He was appointed to the new position tonight by the school board. He begins his new position Dec. 22, the first day of Winter Break.

His 16-year-old daughter, now a sophomore at BHS, but also once a student at JK, also approved of the move.

"I wasn't sure how she would react but she got a big smile on her face and she said, 'Dad, kids that went to John Kennedy, they still talk about John Kennedy. They really respect you.' So when your own daughter feels like it's a good thing, that's pretty confirming."

Kesler also got a ringing endorsement from Superintendent Chris Dailey during the board meeting. 

"You have a lot of people behind you," Dailey said. "You’re going to do great things. Your dedication to your community and your school is outstanding. We can only expect great results, so no pressure. But, hey, you do the great things you do here at John Kennedy at the high school, the high school will have the same kind of results we’ve seen here."

Kesler, originally from Utica, started his teaching career in Rochester. He was a kindergarten teacher, a second-grade teacher, a reading specialist and an instructional coach for three years before moving to Batavia.

He has a daughter who is a junior at Boston University, two children attending BHS, and a child who is a student at JK.

Two weeks ago, after setting aside all the prior principal applicants, the district hired Dennis Kenney as interim principal. His contract runs through Dec. 21.

Dailey said when the initial search for a new principal didn't turn up the perfect match, he thought about the criteria the district sought in a candidate and realized they already had the perfect candidate in the district with Kesler.

One hallmark of Kesler's oversight of JK is his promotion of STEAM (Science, Technology, Engineering, Art and Math) and he's looking forward to continuing that effort at the high school level.

"I think you know we always have the instructional challenges of a small city district, especially in the performance of some economically disadvantaged students, particularly in the areas STEAM," Kesler said. "Those are some of the areas that are a challenge for any small city district. I'm excited about having that connection between what we do in the elementary school all the way up through high school."

There's really only one downside to moving to BHS, Kesler said -- leaving behind the staff and faculty at John Kennedy.

"I don't cry much but I was very close today as I told staff after school," Kesler said. These are just fantastic people. You know, they've been part of my family. My whole experience in 13 years in Batavia has been here. That's going to be the struggle, saying goodbye."