notify

The trails have not always been happy for "Cowboy," and now, the roads he's traveled have brought him back to the Genesee County Animal Shelter and into the care of Volunteers for Animals.

A couple of years ago, Cowboy was found abandoned in a field with a herd of cows. That's how he got his name. He had health issues, including a broken jaw that required his muzzle to be wired shut.

The volunteers nursed him back to health, but while he was still living at the shelter, a couple allegedly stole him. Cowboy was found with them after the duo allegedly robbed a store in Le Roy and then were involved in an accident on Keeney Road.

Cowboy was returned to the animal shelter. Eventually, he was adopted. His new owner seemed to be doing great with him. She was seen out regularly walking him and Cowboy seemed to be in great shape -- except for maybe wolfing down a few too many calories -- on home visits.

"It was a great adoption," said volunteer Gina Lippa, who was keeping tabs on Cowboy. "I actually went and did home visits for a while. Great adoption. The owner, well there were two owners, but the primary owner was doing wonderfully with him and multiple volunteers had seen her walking around town with him. When I did home visits his coat was clearing right up. She was doing great with him."

After about two months, Lippa lost contact with the owner.

Last week, by coincidence, Lippa found a picture of Cowboy on the adoption page of Fairport-based Lollipop Farm's website.

Arrangements were made to return Cowboy to Batavia and he arrived here at the shelter this afternoon.

It's not clear how Cowboy wound up at Lollypop. The adoptee owner was originally from New York City, so Lippa speculates that she returned to NYC, giving Cowboy to a new owner. At some point, Cowboy was delivered to Lollypop with all of his paperwork intact from the Genesee County Animal Shelter.

Lippa said he's available for adoption. He's a sweet and gentle boy and shows no signs of food aggression or other aggression, but he's not at all fond of cats. He gets along with other dogs.

      Bennie Wright

Bennie "Beans" Wright, 32, of Jay Street, Rochester, was arrested on a sealed indictment Wednesday night at a residence on Maple Street for allegedly selling drugs in the City of Batavia.

Wright was located and identified as a warrant suspect while police were looking for evidence in a shooting earlier in the day on Thorpe Street.

He is accused of selling crack cocaine to an agent of the Local Drug Task Force.

He is charged with criminal sale of a controlled substance and criminal possession of a controlled substance.

Wright was arraigned in Genesee County Court and jailed on $25,000 bail.

Kathleen Mary Barnes, 31, of Gaines Basin Road, Albion, is charged with petit larceny. Following a complaint of shoplifting at the Rite Aid on West Main Street, Batavia, at 12:39 p.m. Wednesday, the suspect vehicle was spotted passing the Sheriff's Office on Park Road and a traffic stop was initiated. It's alleged that Barnes stole $300 worth of dental and oral care merchandise. The driver, Shane Beardsley, was arrested on a warrant. The investigation was conducted by investigators Joseph Graff and Chad Minuto and deputies Chris Erion and Kevin McCarthy.

Elise Mikhalyla Ruckdeschel, 24, of Chestnut Ridge, Buffalo, is charged with DWI, driving with a BAC of .08 or greater and speeding. Ruckdeschel was stopped at 12:46 a.m. today (Sept. 22) in the area of 3194 Route 5, Batavia, by Deputy Howard Wilson.

Ballard Polk Maye, 31, of Maple Street, Batavia, is charged with criminal possession of marijuana, 4th, and headlight violation. Maye was stopped at 9:26 p.m. Tuesday on East Main Street, Batavia, by Richard Schildwaster.

Projects that have received assistance from the Genesee County Economic Development Center for more than a decade have added $4.85 million to local property tax revenue, Steve Hyde told members of the County Legislature yesterday during the Ways and Means Committee meeting.

Hyde, who is CEO of the GCEDC, made his presentation as part of the annual department review for the industrial development agency.

It has helped assist in a build-out of more than 2.5 million square feet of new manufacturing space around the county and another million square feet that have been renovated.

There are currently about 80 projects still within their 10-year PILOT (Payments In Lieu Of Taxes) cycle making payments to local taxing jurisdictions.

"Then there are 64 PILOTS that have actually graduated, so to speak," Hyde said (meaning, they're beyond the 10-year lifespan of their PILOTS). "They've expired and they're back paying full taxes. That aggregate (PILOTS and projects that have graduated) is paying almost five million dollars a year in tax payments to county schools and municipalities."

Hyde said as a return on investment for the county's portion of GCEDC's operating budget, that's about a 22-1 return.

"What's happened really is is that even though our total number of PILOTS have gone down, a lot them have graduated and are paying full taxes," Hyde said. "We're also doing larger projects these days. The shovel-ready strategy has made us more of an ecosystem that is attractive to bigger investment."

The biggest project in the pipeline is WNY STAMP (Science and Technology Advanced Manufacturing Park), which contractors starting working on this past month, bringing in water lines and grading for roads and other infrastructure.

STAMP is expected to be the future home of the solar wafer manufacturing plant of 1366 Technologies, but Hyde said there is a lot of interest in the project.

"We're seeing a lot of conversation about STAMP and it's readiness to market," Hyde said. "We actually have a sales funnel with 10 projects in it right now. These are one- and two-year deals but the promise is there for continued growth."

The challenge for business development in New York, as always, Hyde said, is the reputation the state has for being a poor place to do business. That hasn't changed, but Hyde said there is improvement.

"To the credit of the state and the governor, they've done a lot over the past few budget years," Hyde said. "They've moved income taxes for manufacturing down to zero, so that's really helpful because most of our strategies are around shovel-ready sites. That's about bringing advanced manufacturing back and we've got a much better tax climate in New York to help us be successful."

Photo credit: Alecia Kaus/Video News Service

A Corfu man died this morning as a result of injuries suffered during a vehicle accident at the intersection of West Middlebury and East Bethany roads, Middlebury.

The collision occurred around 8:30 when the driver of a 2013 Toyota Tacoma failed to yield to a 2014 International tractor-trailer.

The driver of the Tacoma, Dean M. Dale, 54, of Corfu, was traveling eastbound on West Middlebury Road when he struck the tractor-trailer traveling northbound on East Bethany Road.

Lifesaving measures performed by New York State troopers and Genesee County Sheriff’s deputies were unsuccessful and the man was pronounced dead at the scene.

The State Police collision reconstruction unit assisted in the investigation however, officials say it is still an ongoing investigation.

UPDATE 4:37 p.m.: Dean Dale was an employee of UMMC. UMMC released this statement:

We are deeply saddened to learn of Dean’s passing. He was a valued member of our Radiology team since 2012 and a dear friend that will be sadly missed by many.

Dean’s family, friends and UMMC team are in our thoughts during this difficult time.

A suspect has been arrested and charged with attempted murder in the shooting yesterday on Thorpe Street in Batavia.

Being held without bail is Tyshawn King 24, of Maple Street, Batavia.

King is also charged with assault in the first degree.

The shooting was discovered by Batavia police officers after receiving a complaint around 4:50 p.m. of a fight on Thorpe Street.

Upon arrival, officers learned that there had been a shooting and the victim had gone to a house on Evans Street to seek medical attention.

Assistant Chief Todd Crossett said investigators still don't know what started the fight.

Two other people were detained yesterday and after being questioned were released.

The victim, who was shot in the hand and abdomen, is in stable condition at ECMC after surgery last night and is alert and able to talk, Crossett said.

Batavia PD thanked community members for assisting in the investigation.

People in the area of Thorpe and Maple pointed police to the residence where the suspect fled, at the corner of Thorpe and Maple, and shared information about what they saw.

"To them, it is very generic information, but in the big scope of things, when we put the pieces together, it really helps us," Crossett said.

Carl T. Amesbury, 25, of Jerico Road, Bethany, is charged with petit larceny, criminal possession of stolen property, 5th, driver's view obstructed. Following a complaint of a shoplifter from Rite Aid on West Main Street Road, Batavia, Amesbury's vehicle was located and stopped by Deputy Kyle Krzemien and taken into custody for allegedly stealing and possessing $201.99 in men's fragrances. (Previously: Tall man wearing Adidas flip-flops and tan summer clothes reportedly flees Rite Aid with cologne)

Triton A. Drock, 23, of Buell Street, Batavia, is charged with unlawful possession of marijuana and uninspected motor vehicle. Drock was stopped at 6:20 p.m. Sept. 14 on Cedar Street by Officer Mitchell Cowen.

Devin P. Hofert, 21, of Hutchins Street, Batavia, is charged with DWI, running a red light, driving in the wrong direction, and refusal to take breath test. Hofert was stopped at 2:25 a.m. Saturday on School Street, Batavia, by Officer Mitchell Cowen.

Micheal Stephen Ryan, 58, of Bank Street, Batavia, is charged with grand larceny, 4th. Ryan allegedly stole a credit card and used it to make several snack purchases from a vending machine.

Geoffrey M. Anderson, 52, of Wood Street, Batavia, was arrested on a warrant, arraigned in City Court, and released on time served.

Carlton L. Beardsley, 22, of Walnut Street, Batavia, is charged with harassment, 2nd. Beardsley was charged following a report of a domestic incident at 11:49 on Tuesday.

One person is in surgery at ECMC and three other people are being detained following a shooting near Watson and Evans streets, City of Batavia, shortly after 4:30 p.m.

Chief Shawn Heubusch said one of the three people detained is a possible suspect and the other two potential witnesses.

The victim was shot in the wrist and belly. The victim was flown by Mercy Flight to ECMC.

The three people of interest reportedly fled to a house on Maple Street, which was surrounded by police and the three eventually surrendered.  

Police were initially dispatched to a report of several people fighting on Thorpe Street. When they arrived on scene, officers learned of a shooting victim in a nearby house who was seeking medical treatment. Mercy EMS was called to the scene.

Heubusch said more information will be released when it becomes available.

As of this morning, Dennis Kenney is the new interim principal at Batavia High School.

Kenney fills the vacancy left when Scott Wilson accepted a position in Churchville.

The school district reviewed several candidates to replace Wilson on a permanent basis but has decided to extend the search.

Kenney will serve as principal until Dec. 22.  

The school board approved his contract in executive session at the start of last night's meeting.

A resident of Warsaw, Kenney has 40 years in education and recently retired as a principal at Iroquois Central Schools, where he worked for 12 years.

His first 18 years in education was with the New York State Division Youth, which is now Child and Family Services, working in residential facilities with kids who had serious emotional issues and learning disabilities.

He's also been a principal at Barker, an assistant in Albion and Canandaigua and served for two-and-a-half years as superintended in Perry.

He has three sons and was on vacation in Virginia Beach with eight of his grandchildren when he got the call from Superintendent Chris Dailey asking if he would be interested in interviewing for the interim position.

"They'll find me a very visible high school principal and very approachable," Kenney said. "I'd like the parents to know that my door is always open, and staff, to come and see me on anything. The students, too. I think we have a great school district here and the high school has a great faculty, good assistant principals, and we're going to work together and keep moving forward."

When district officials asked voters to approve a $27 million capital improvement project they promised the tax levy would go up "0.00 percent" and with the approval of the annual tax warrants tonight, Batavia School District trustees kept the promise.

In fact, because assessed values have gone up about 3 percent for properties in the school district, the 2017-18 tax rate for property owners will go down 79 cents, or 3.54 percent.

The new rate will be $21.46 per thousand of assessed value, Business Manager Scott Rozanski told the board.

It's the second year in a row the district has lowered the tax rate by more than 3 percent.

In six of the past 10 years, the school district property tax rate has gone down from the previous year. Accounting for those years the rate has gone up, the average annual increase is .07 .70 percent.

UPDATE: Scott Rozanski provided these PDFs:

• The 15-year history of the tax levy.
• The 15-year history of the tax rate.

He also told us:

The only thing in the District's control is the levy.  The tax rate is determined by a number of factors outside our control (assessments, equalization rate and county adjustments from prior year such as omitted taxes and exemption removals) 
Also, this will be the fourth consecutive year that taxpayers will receive a rebate check from NYS as a result of our compliance with controlling the taxes (tax freeze).

Just one clarification, the ten-year tax levy increase is 0.70 percent (not 0.07 percent) - as written online.

A delay in securing financing through the New Market Tax Credit program for developer Savarino Companies has held up the state of the Ellicott Station project, which is the $18 million redevelopment of the former Della Penna property on Ellicott Street in Batavia.

Julie Pacatte, economic development coordinator for the Batavia Development Corp., said today that Savarino expects to close financing on the project in November.

The original target date was August. (For an explanation of financing for the project, click here.)

This week, survey crews are on site so preliminary engineering work can begin. The surveys will help with floodplain-related design work.

Once financing is done, environmental remediation work can begin. 

"Hopefully, we'll get some favorable days and favorable weather during the winter," Pacatte said. "There's also some work to do inside on Resurgence Brewery. By spring, we should be in full construction mode."

There will also be a workforce recruitment project beginning in the fall, in cooperation with PUSH Buffalo and the Genesee County Work Center aimed at finding jobs for hard-to-place workers.

Savarino, Pacatte​ said, is also inviting local contractors to bid on subcontracts. Bid specs will be available on the Savarino website once the purchase of the property is completed.

The Batavia City Schools community is mourning the loss of Lorne Brudz, a student at Batavia High School, who passed away this morning.

The death was announced today on the school district's homepage and Superintendent Chris Dailey sent a letter to parents.

"Our entire school community is mourning the loss of this wonderful young man," Dailey wrote in the letter.

Dailey informed parents that counselors, teachers and support staff are available to assist students, teachers, and parents. He suggested parents talk with their children about the death as it affects people in different ways.

The school district was not informed of the cause of death.

Local officials are being invited to Batavia City Hall at 1:30 p.m. Thursday where Gov. Andrew Cuomo is expected to make an announcement.

What Cuomo will announce is not revealed in the invitation, but the City of Batavia did submit an application to Cuomo's office for the Downtown Revitalization Initiative contest, which carries a $10 million award for one municipality in each of the state's economic development regions.

While winners have been announced in other regions, the winner of the contest in the Finger Lakes region has not yet been announced.

Local officials cannot discuss the reason for Cuomo's visit.

Robert E. Wright, 35, no permanent address, is charged with resisting arrest, obstruction of governmental administration, criminal possession of a narcotic/drug with intent to sell, criminal possession of a narcotic/drug, unregistered motor vehicle, driving without insurance, aggravated unlicensed operation and two counts of unsafe tires.  Wright was arrested following a complaint at 8:46 a.m. Saturday in the area of 563 E. Main St., Batavia, of a man slumped over the steering wheel of a car. At the scene, Wright led officers on a brief foot pursuit. He was also wanted by the Department of Corrections. Wright was ordered held without bail.

Tonya M. Cragg, 38, of Church Street, Tioga, Pa., is charged with criminal use of drug paraphernalia, 2nd, and criminal possession of a controlled substance, 7th. Cragg was allegedly found in possession of a controlled substance at 8:46 a.m. Saturday in the area of 563 E. Main St., Batavia. She was released on an appearance ticket.

Carla Faye Ewell, 59, of Oak Orchard Road, Elba, is charged with DWI, driving with a BAC of .08 or greater and inadequate headlamps. Ewell was stopped at 12:40 a.m. Sept. 9 on East Main Street, Batavia, by Officer Felicia DeGroot.

Earl R. Benson, 51, of South Main Street, Batavia, is charged with DWI, driving with a BAC of .08 or greater, and driving on the wrong side of the median. Benson was stopped at 9:56 p.m. Sept. 8 on East Main Street, Batavia, by Officer Christopher Lindsay.

Madison Alyssa Scheurlein, 19, of Overlook Drive, Batavia, is charged with petit larceny. Scheurlein allegedly stole two items from Kohl's valued at $72.

A former Batavia High School student is in her third day of a hunger strike to protest the way the University of Rochester has handled sexual harassment complaints against a professor in UR's Department of Brain and Cognitive Sciences.

Lindsay Wrobel says she won't eat until Dr. Florian Jaeger is removed from the faculty.

Wrobel is not claiming that she was sexually harassed.

Jaeger is at the center of an EEOC complaint filed against the university. 

"Until Professor Jaeger is removed from the university, there’s going to be no trust among the student body," Wrobel said. 

Wrobel graduated from BHS in 2013 and was a Top 10 member of the class.

The sexual harassment allegations have roiled the campus for more than a year but became national news after a long story in Mother Jones. There's also been coverage in The New York Times and Nature.

The university conducted an investigation into the allegations and found no evidence that Jaeger violated its policy. After complaints that the investigation failed to consider all of the evidence or interview all witnesses, the findings were appealed and a dean in another department at UR investigated the appeal and upheld the findings of the original investigation. 

At least one faculty member has resigned in response to UR's handling of the case and others have alleged retaliation for their part in the accusations. The university also investigated these complaints and found no evidence of retaliation.

After seeing Wrobel not looking well, an anonymous person called 9-1-1 on her behalf, but Wrobel reportedly declined medical treatment.

Wrobel said her hunger strike is painful and scary but she intends to persist.

"I fully intend to do this until I’m hospitalized. I think what’s of primary importance is the students on this campus feeling safe. And as of right now, they don’t, and they won’t until Professor Jaeger is removed," Wrobel said. 

Our news partner 13WHAM has been following the story:

• U of R's Seligman responds as student vows hunger strike over harassment case
• Online petition calling for resignation of ill-reputed U of R professor
• Three days into hunger strike, student isn't giving in until professor is gone

The man who robbed the Key Bank branch in Batavia at the end of last year and got away with $10,275 isn't expected to get out of prison before 2025.

Joel Zsebehazy, 33, an Iraq War veteran from Niagara Falls, was sentenced to three to six years in prison by Judge Charles Zambito in County Court this morning.

Attorney Lisa Kroemer, from the Public Defender's Office, requested a two-to-four-year prison term for her client after noting that Zsebehazy was on parole at the time of the robbery, so he now owes the state prison time before he can start serving a sentence on the Key Bank robbery. 

"Given that fact, he's going to be serving a lot of time anyway," Kroemer said.

Zsebehazy apologized for his actions.

"I realize there is no excuse to justify what I did," Zsebehazy said. "I know what I did was wrong. I knew when I went into the situation it was wrong. I know it negatively impacted more people than just myself."

He then apologized to the teller and the court for his crime.

After the robbery, Zsebehazy fled the state. He was eventually located in Lousiana and brought back to Batavia on the bank robbery charge. During his travels, Zsebehazy said, he started attending AA meetings and going to church and felt like he was getting his life back on track.

"I've been making progress in my life," Zsebehazy said. "I know that in no way excuses myself and I stand here ready to make amends in any way I can."

Zambito said he wasn't moved by either the fact that Zsebehazy will spend an even longer time in prison because he was on parole at the time of the robbery or that he was getting his life together. The fact is, Zambito said, he robbed a bank and had to be chased down in order to be brought to justice.

"To say that this has been an opportunity to start a new life by robbing a bank is something I find incredible," Zambito said.

Zambito said Zsebehazy had already received a substantial break on potential prison time when he was offered a plea deal that capped his sentence at three to six years.  To cut it any further wouldn't fit the crime, he said.

Zsebehazy was ordered to start making payments toward restitution while he's incarcerated. Kroemer tried to convince Zambito to delay restitution payments until Zsebehazy is out of prison because Zsebehazy will receive such a minimal allowance for toiletries, writing paper, and other personal items while in prison that any restitution payment would make it difficult for him to obtain necessities. 

She suggested that lack of money for these items is why some prisoners turn to "less than legal activity" in prison.

District Attorney Lawerence Friedman said Zsebehazy should start paying restitution immediately and that prison officials have a formula to take only a portion of a prisoner's money for restitution payments so they still can buy necessities from the prison store.

Zambito agreed.

Photo: file photo

The executive director of the Genesee/Orleans Council on Alcoholism and Substance Abuse said a proposed 2,700-square foot addition to the agency's campus at 424 E. Main St. in Batavia is on a fast track to completion pending approval by the City Planning & Development Committee next week.

Speaking after Thursday night's Genesee County Planning Board meeting, where the site plan was recommended for approval without stipulations, John Bennett said the clinic could be "up and running in 14 months" and will be funded by an $820,000 Rapid Treament Expansion Grant from New York State.

Bennett attended the meeting with Raymond Murphy, project manager for Fontanese, Folts, Aubrecht, Ernst architects of Orchard Park. Murphy said they will take the plan before the City Planning & Development Committee on Sept. 19 and then prepare drawings for the building permit.

"We've talked to City Council and the Genesee County Legislature about this, expressing our view that it is much needed for the community," Bennett said, noting that the clinic would be open from 6 a.m. to 9 p.m.. Monday through Saturday to dispense the medication to people battling opioid addiction. "And it is very private; that's one thing I like."

According to the American Addiction Centers website, a methadone clinic is a place where a person who is addicted to opioid-based drugs, such as heroin or prescription painkillers, can receive medication-based therapy. Patients receive methadone, or the brand name version known as Dolophine, which is an opioid analgesic. This treatment is often referred to as replacement therapy.

Bennett said the methadone is dispensed in liquid form, with each visit averaging about five minutes. He said it is a long-acting, safe medication that produces "little or no cravings."

Other drugs used to treat this type of addiction include suboxone, vivitrol and naltrexone.

The new clinic, which will be attached to the back of the existing treatment/prevention facility, will be able to provide services for up to 150 people at any given time, Bennett said. It also will result in the hiring of 10 to 12 more employees, including nurses, medical director, counselors and support staff.

GCASA has treated more than 1,200 people for opioid addiction since 2006, Bennett said, adding that the Centers for Disease Control estimates that 65,000 people will die due to opioids in the coming year.

At top, architect's renderings showing the GCASA campus, with the proposed addition in red in lower drawing.

It didn't take long for a jury, after a weeklong trial, to deliberate and find Charles Schilling, of Pembroke, guilty of counts of second-degree burglary and second-degree criminal trespass.

The charges stem from an incident Thanksgiving Day 2015 when Schilling broke into a house where his girlfriend was living, got into an altercation, and she grabbed a .357-Magnum to defend herself, fired three times, striking him at least once in the leg.

In closing arguments, Public Defender Jerry Ader tried to convince the jury that there was ample reason for a not-guilty verdict based on reasonable doubt.

"What really happened?" Ader told the jury. "Since yesterday, those words keep coming back to me. What really happened?"

He said the only version of events the jury had to go on was the testimony of Schilling's girlfriend, who admitted to being confused on some points.

"She is admittedly not sure about what happened," Ader said. "Anything is possible, she said. When she was asked, she said, 'Anything is possible.' She could remember certain things and she couldn't remember certain things."

Ader said the couple had been together for years with a well-established pattern in a dysfunctional relationship of fighting and talking, and texting, then fighting more, with verbal and physical abuse going both ways.

In order to convict Schilling of burglary, Ader said, the jury would have to find that Schilling went to the house, owned and occupied by the father of Schilling's girlfriend, with the intent to commit a crime once he got inside.

It seemed quite probable, Ader said, that Schilling went to the house on Thanksgiving only to talk, but as usual, the talk escalated into a fight.

If Schilling didn't intend to assault and menace the victim, then he couldn't be found guilty of burglary, Ader said.

"Based on the testimony you heard, reasonable doubt is clear," Ader said.

When Assistant District Attorney Robert Zickl stood to begin his closing arguments, he stepped to the lectern in front of the jury and for a few minutes, just stood there and looked at them.

His point was, he said, that when he approached the lectern, his intention was clear. His intention was to speak. The jury didn't expect him to remain silent. The context explains intent, he said. The jury knew that if he stood up and walked to the lectern, he intended to speak. They didn't really have to guess at his intention.

In the same way, Schilling's intention was clear. He had told a friend that he was angry with his girlfriend because he believed she had performed in a pornographic video that had been posted online. Schilling's intent was also clear because he had been at the house a few days earlier and gave his girlfriend "a stiff beating," Zickl said. Zickl said Schilling's intent was also clear because when he arrived at the house on Nov. 26, 2015, he tried to break down the front door, damaging it, and then gained access by kicking down another door.

"How can anyone say he did not have the intent to commit a crime when he got inside, when the first thing he did when he got inside was commit a crime?" Zickl said.

It was also clear that Schilling was guilty of criminal trespass because he well knew that his girlfriend's father had barred him from his property. Schilling's girlfriend had even warned him on prior occasions not to come over because her father wouldn't allow it.

Schilling will be sentenced at a later date.

There's no more benefit of the doubt for Nicole Kimberly Sullivan in Judge Charles Zambito's courtroom.

The 32-year-old Perry resident, already charged with assault, 2nd, and endangering the welfare of an incompetent or physically disabled person, was arrested on allegations this week that she and a partner concocted a scheme to steal more than $700 in phone cases from Walmart. She's also been accused of continuing to use drugs while in a residential treatment facility.

Zambito canceled her release under supervision contract Wednesday afternoon and ordered her held on $5,000 bail or $10,000 bond. 

While Assistant District Attorney Shirley Gorman argued that Sullivan should be considered a flight risk, her attorney, David Silverberg, argued that she wasn't a flight risk but clearly is having difficulty complying with her release terms pending her trial. He asked for reasonable bail.

Sullivan is accused of fleeing the scene of an accident on Fargo Road in the Town of Stafford on June 10, 2016, and leaving behind a seriously injured person who also had a disability.

      Adner Davila

A 62-year-old man facing multiple drug-dealing charges is being released from jail while awaiting further legal proceedings after a bail review hearing before Judge Charles Zambito in County Court this afternoon.

Adner P. Davila, of West Main Street Road, Batavia, scored well enough on a bail evaluation worksheet that he was deemed not a flight risk and eligible for release under supervision of Genesee Justice.

The bail evaluation is based on numerous factors such as ties to the community, potential jail term if convicted, appearance record on prior charges and prior charges, if any.

In Davila's case, he does have six prior felonies, including three violent felonies, in his past, as well as a failure to appear, but those charges were years ago and were not really a factor in his bail evaluation.

Davila is charged with two counts of criminal sale of a controlled substance, 3rd, five counts of criminal possession of a controlled substance, 3rd, one count of criminal possession of a controlled substance, 7th, and one count of criminally using drug paraphernalia. 

During his release under supervision, Davila is confined to his residence at a trailer park on West Main Street Road, except for doctor's appointments. Upon request, Zambito also granted him permission to visit DSS to recertify his Medicaid eligibility, with notification of the trip to Genesee Justice.