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Law and Order: Albion man accused of driving more than 111 mph, fleeing from police, with three children in his car

By Howard B. Owens

Clarence J. Carithers, 32, of West Academy Street, Albion, is charged with: unlawful fleeing a police officer; three counts of endangering the welfare of a child; reckless driving- speeding (86 in 55-mph zone); failure to stop at blinking red light; unsafe turn without signaling, speed in excess of 55 mph (111 mph); and inadequate lights. Carithers allegedly drove his vehicle past a Sheriff's patrol at an excessive speed on Lewiston Road, Alabama, at 12:44 a.m. and then failed to stop at a blinking red light at the intersection of Lewiston and Alleghany roads, continuing southbound on Route 77 at a high rate of speed. Carithers then allegedly turned onto Bloomingdale Road and failed to signal. He is accused of driving in excess of 55 mph on Bloomingdale before stopping at a gas mart located on the Tonawanda Indian Reservation. He was arrested by Deputy Eric Meyer, arraigned in Town of Alabama Court and jailed without bail. Assisting were Sgt. John Baiocco, Sgt. Jason Saile, Deputy Ryan Young, and Deputy Howard Wilson.

Devan Dashaun Hazel, 23, of St. Mary's Street, NYC, is charged with criminal possession of marijuana, 5th. He was arrested on a warrant out of Town of Stafford Court and jailed on $250 bail.

Kalil T. Walker, 23, of Isabelle Street, Rochester, was arrested on a warrant for alleged failure to appear in City Court. Walker posted bail and was released.

Timothy J. Wood, 28, no permanent address, was arrested on a warrant upon release from the Niagara County Correctional Facility. He was turned over to Batavia PD, arraigned in City Court and sentenced to 15 days in jail.

Nicholas D. Martino, 37, of Main Street, Alexander, was arrested on a warrant for alleged failure to appear. 

Darryl Robinson, 53, of East Main Street, Batavia, was arrested on a warrant. Robinson was taken into custody during an investigation into an unrelated incident. Robinson allegedly failed to appear in City Court on charges of harassment, 2nd, and unnecessary noise.

Robin A. Pickering, 33, of Electric Avenue, Lackawanna, was arrested on a warrant. Pickering allegedly failed to comply with terms of DWI conviction in 2015. She was jailed on $2,500 bail.

Shuvon J. Williams, 41, of Walnut Street, Batavia, is charged with harassment, 2nd. Williams was allegedly involved in an altercation in the Dollar General parking lot on East Main Street, Batavia, at 6:10 p.m. Friday.

Kelly A. Morrison, 44, of Skyline Drive, Lady Lake, Fla., is charged with menacing, 2nd, endangering the welfare of a child, and criminal possession of a weapon (prior conviction). Morrison allegedly brandished a large pocket knife during an altercation at 6:10 p.m. Friday in the parking lot of Dollar General in Batavia. Morrison was jailed without bail.

A 17-year-old resident of Edward Street, Batavia, is charged with criminal mischief, 2nd, resisting arrest, and unlawful possession of marijuana. The youth allegedly damaged a parked vehicle in the area of Bank Street and Washington Avenue, Batavia, and then resisted when officers attempted to place him under arrest. He was jailed on $2,500 bail.

Maria Katriliotis, 35, of North Spruce Street, Batavia, is charged with harassment, 2nd. Katriliotis allegedly kicked another person at 3:40 p.m. Saturday.

Brandon C. Smart, 40, of Hutchins Street, Batavia, was arrested on a warrant. Smart was arrested after police responded to a location on Hutchins Street to investigate a noise complaint.

A 17-year-old resident of Batavia Stafford Townline Road, Batavia, is charged with unlawful possession of marijuana. The youth was allegedly found in possession of marijuana at a location on Cedar Street, Batavia.

Dora L. Poodry, 23, of West Main Street, Batavia, is charged with failure to appear on a petit larceny charge. Poodry is in custody on an unrelated charge.

Meredith H. Cutro, 40, of Tracy Avenue, Batavia, is charged with harassment, 2nd, and criminal trespass. Cutro allegedly entered the home of another person at 4:44 p.m. Aug. 22and refused to leave when told to leave. Cutro allegedly pushed another person when that person was trying to get her to leave.

Dustin L. Landin, 38, of James Street, Batavia, was arrested on a warrant for an alleged violation of his release under supervision contract. He was jailed on $2,500 bail.

Traci Lynn Abrams, 19, of Skye Road, Alabama, is charged with possession of a loaded firearm in a motor vehicle. Abrams was arrested by Batavia PD and turned over to the Sheriff's Office on a warrant.

Rudy P. Bail, 23, of Batavia, is charged with DWI and driving with a BAC of .08 or greater. Bail was charged by State Police at 8:36 a.m. Thursday in the Town of Bethany.

Collins quick to turn news of ethics investigation into fundraising drive

By Howard B. Owens

It took Rep. Chris Collins little time to turn news of a House Ethics Committee investigation into his financial dealings, and his continued involvement with the biotech firm at the center of the investigation, into a fundraising opportunity.

This morning, the Buffalo News reported that Collins has been re-elected to the board of Innate Immunotherapeutic and within hours Collins delivered a fundraising email to his supporters (and others on the list, including news media) into a request for a $12 donation (the price, he said, of a month's digital subscription to the Buffalo News) to his reelection campaign.

He didn't explicitly ask people to drop their subscriptions to the online version of the newspaper.

"Join us today and tell them we won't stand for their fake news," Collins wrote.

Controversy about Innate Immunotherapeutic and Collins involvement with the company have been swirling around the Congressman for months, including allegations that he bragged about making a lot of people in Buffalo rich on stock deals with the company, accusations that he steered other members of Congress to the stock, and speculation about whether he used his position in Congress to help pass key legislation that could have helped the firm.

When a clinical trial for drug developed by Innate showed negative results, the stock price plummeted and Collins reportedly suffered a paper loss of $17 million.

News broke two days ago that the House Ethics Committee was opening a probe into the stock deals. The Buffalo News followed up this morning with stories about the congressman's reelection to Innate's board and a story yesterday taking a closer look at what the probe means.

The term "fake news" grew out of a trend during the presidential campaign of completely fictional stories getting repeatedly passed around social media, no matter how outlandish and clearly false the stories were. The stories were generated by websites created with the sole purpose of making up fictitious stories in order to drive clicks and then generate revenue from ad networks.

President Donald Trump adopted the term to attack the legitimate media's truthful and generally accurate reporting of his administration. 

This isn't the first time Collins has referred to the Buffalo News, also a legitimate news outlet, with the false claim of publishing "fake news." Collins has offered no factual refutation of any reporting by the Buffalo News or other news outlets' reporting on the Innate dealings and ethical probe.

Collins’ Spokeswoman Sarah Minkel has told news outlets that the ethics announcement had been expected and denied Collins had engaged in any wrongdoing.

“Congressman Collins has followed all ethical and legal guidelines when it comes to his personal investments and he looks forward to their review," Minkel said.

Law and Order: Canadian accused of stealing golf cart, getting into accident at Darien Lake

By Howard B. Owens

Hofford Lindsay Ian, 53, of Bluff Trail, Nobleton, Ontario, Canada, is charged with: DWI; unauthorized use of a vehicle; leaving scene of an accident; refusal to take breath test; and moving from lane unsafely. Ian allegedly drove a golf cart without the owner's permission while at Darien Lake. While operating the golf car, Ian allegedly struck another vehicle and left the scene of the accident. He was jailed on $5,000 cash bail or $10,000 bond. 

Melissa R. Reinard, 24, of Pine Ridge Road, Cheektowaga, is charged with DWI, driving with a BAC of .08 or greater, and speeding. Reinard was stopped for allegedly driving 53 in a 35-mph zone in Corfu by Officer Richard Retzlaff.

Galen Bena Sundown, 24, of Council House Road, Tonawanda Indian Reservation, is charged with: DWI; driving with a BAC of .18 or greater; unreasonable speed; drinking alcohol in a motor vehicle; and driving on public highway while using a mobile phone. Sundown was reportedly involved in a personal-injury accident at 2:34 a.m. Sunday on Council House Road, Alabama. The accident was investigated by Deputy Howard Wilson and Deputy Howard Carlson.

Sandra J. Kessler, 45, of Lewiston Road, Batavia, is charged with DWI and driving while impaired by drugs. Kessler was arrested following an investigation of a reported suspicious condition on Ellicott Street, Batavia, by Deputy Howard Wilson, at 11:12 p.m. on Friday.

Anthony Professor Blackwell, 39, of George Urban Boulevard, Cheektowaga, is charged with criminal mischief, 3rd. Blackwell turned himself in on a warrant. He was jailed on $5,000 bail.

Pedestrian hit in front of Flying J, Pembroke

By Howard B. Owens

A car vs. pedestrian accident is reported on Route 77 in front of the Flying J Travel Plaza, Pembroke. 

Pembroke fire and Indian Falls fire along with Mercy EMS are responding. 

Mercy Flight also dispatched. 

Corfu fire requested to shutdown all northbound traffic at Route 5.

UPDATE 8:26 p.m.: Southbound traffic shutdown at the interchange. 

UPDATE 8:30 p.m.: ETA for Mercy Flight #5 out of Batavia is six to eight minutes. Landing zone at the Town Hall. 

UPDATE 8:36 p.m.: Mercy Flight on the ground. 

UPDATE 8:58 p.m.: Mercy Flight in the air. Flying to Women and Children's Hospital in Buffalo. Road reopened. Pembroke and Indian Falls back in service. 

Man accused of setting box on fire in attempt to steal Apple ear buds from Walmart

By Howard B. Owens

A 19-year-old Batavia man has been charged with arson and petit larceny after allegedly setting a box on fire that contained Apple ear buds in an attempt to steal them.

The suspect then disposed of the burnt box under a metal display rack and attempted to leave the store before being intercepted by store security officers.

Arrested was John Rai Delara, 19, of MacArthur Drive, Batavia. He was charged with petit larceny, fifth-degree arson, and criminal mischief, 4th.

He was released on an appearance ticket.

Man accused of attempted murder agrees to plea deal that includes 15-year prison term

By Howard B. Owens
   Jeremy Armstrong

A man charged with attempted murder accepted a plea deal in County Court today that guarantees a 15-year prison term.

Jeremy R. "Boog" Armstrong, 27, faced a six-account indictment for the shooting of a victim on Jackson Street, Batavia, on Dec. 2. Today was his plea cut-off date and if the case had gone to trial and he was convicted, the maximum available sentence could have locked him away for 37 years.

Armstrong hesitated when first asked by Judge Charles Zambito if he was ready to agree to the terms of the plea. His attorney asked for a recess to confer with his client.

Because there was also a jury trial scheduled for the morning, the recess lasted two-and-half-hours while the attorneys in that case delivered their closing statements.

The plea deal satisfied two indictments, with the one that included the attempted murder charge being reduced to a lesser included offense under count two of attempted assault in the first degree. The second indictment included a count from a separate incident of criminal possession of a controlled substance in the third degree.

When Zambito read the supporting circumstances for attempted assault, his attorney, Mark Foti, objected to "knowingly caused serious physical injury," and with the suggestion of District Attorney Lawrence Friedman, the language was changed to "intent to cause serious physical injury."

Again, Armstrong Hesitated, but after conferring with Foti entered his guilty plea.

He didn't hesitate when pleading guilty to the drug dealing charge.

Friedman said the agreement to nine years for criminal possession and the 15 years for attempted assault were "no more and no less," meaning Armstrong agreed to exactly that time in prison. The sentences would be served concurrently. His term of parole will be decided at the time of his sentence but will be between two-and-a-half and five years.

Sentencing is scheduled for 1:30 p.m., Oct. 6.

Batavians come together to answer hate and bigotry with calls for peace and unity

By Howard B. Owens

More than 200 local residents came together Thursday night at the YWCA on North Street, Batavia, to share words of peace and unity in response to the message of hate and bigotry in Charlottesville, Va., two weeks ago.

Speakers expressed both hope that our society can learn to live in harmony, and anger at chanted slogans and actions of the white supremacists who descended on Charlottesville.

Rev. Sheila Campbell recalled the murder of Heather Heyer, a counter-protester who was killed when a car allegedly driven by a white supremacist drove into a crowd of people, whom she celebrated as a hero who confronted the reality of injustice and inhumanity.

The last social media post by Heyer, Campbell said, was, "If you're not outraged, you're not paying attention."

Heyer, she said, was paying attention.

"The call for the removal of the Confederate statue was a cry for help and she responded in love by standing on the line of justice and equality," Campbell said. "Heather chose to stand on the side of that which unites humanity, which is encased in compassion and empathy. She made the ultimate sacrifice and her name will be forever etched in the annals which recall the blood of the slaughtered voices of justice."

Diana Kastenbaum, a Batavia resident and local business owner, openly confronted her own fear and anger sparked by what she saw on TV in Charlottesville and what she judged to be an inadequate response from some elected leaders and some in the media.

"Don't kid yourself," Kastenbaum said. "This march was not about statues and permits. It was about a group of people marching for equality and another group marching for superiority. There is no moral equivalency."

There were those, she said, who were slow to denounce the bigotry and hate, and even those who did denounce racism while glossing over the overt anti-Semitism, such as the neo-Nazis marching with tiki torches chanting, "Jews will not replace us."

She recalled driving to work the Monday after the protests and seeing two different pickup trucks driving in Batavia flying the Confederate flag from poles in the beds of their trucks.

"One pickup truck was parked in the same driveway of the house where three men on a darkened porch Heil Hitlered my family and I as we left Rosh Hashanah services last year," Kastenbaum said. "From that incident, I knew they were anti-Semitic. Now I know they are also racists. I wondered how many more Confederate flags I would see that day."

Brandon Armstrong, a local business owner, said he came to say a few words about racism.

"I can live my life and not worry about someone who hates me, but I need to know if I go to apply for a job am I going to get the same treatment as everyone else?" Armstrong said. "And if I do get the job, am I going to be treated fair or am I going to get the loan from the bank? See, it's not all about hate."

He said there needs to be a better understanding, and a better response, to what it is that holds poor minorities back from greater achievement, whether it's what they can and should do for themselves, or what needs to be done to help those who can't help themselves.

Other speakers included Father Ivan Trujillo, Dr. Mohammed Rumi, Pastor Jim Renfew, Pastor Ruth Warner (who also played a rendition of "What a friend I have in Jesus" on her oboe), Stan Schumann, president of Temple Emanu-El, and Jeannie Walton, director of the YWCA.

Rev. Roula Alkhouri, of First Presbyterian Church of Batavia, one of the event's organizers, helped open and close the vigil.

She said she was stunned about the news coming out of Charlottesville two weeks ago.

"I didn't know how to respond," Alkhouri said. "I was afraid. A part of me was afraid. As a woman. As an Arab-American. I thought of the fear that people like me experienced because of the hate of others. So I didn't know what to say, what to do. How do I respond? Do I even dare speak up? But then my faith, the example of Jesus in my life led me to say you have to speak up. You have to say something, you have to stand up for what is right.

"And these words from Romans 12:21 came to me. 'Do not overcome evil by evil but with good.' And so I thought what is good in this moment? I thought of the good that comes from us coming together, our standing and say we can love across the boundaries that separate us or seem to separate us, of race, of religion, of different wants or thoughts or political persuasions. We can come and say hate has no place in our country."

Rev. Sheila Campbell

 Rev. Roula Alkhouri

Pastor Ruth Warner

Father Ivan Trujillo

Brandon Armstrong

Stan Schumann

City Schools shows improvement in Common Core test results for 2017

By Howard B. Owens

Common Core spring results show improvement for Batavia City School Students, a point Superintendent Christopher Dailey emphasized during a conversation today, but that isn't the most important stat he looks at in evaluating student proficiency.

The most important number to him, he said, is the district's 95-percent graduation rate.

"The tests are supposed to be an indicator of graduation readiness and I've yet to see that kind of link because we graduate a lot of kids who go on to do great things," Dailey said.

In English Language Arts, the district improved from a 34-percent pass rate last year to 36 this spring. The statewide pass rate is 40 percent, but Dailey noted that in both ELA and Math, City Schools perform on par with other small city school districts.

In Math, the district improved from 36 percent to 38 percent with a 40-percent statewide rate.

In ELA, 40 percent of the girls passed and 29 percent of the boys. The pass rate for girls in Math was 35 percent and 40 percent for boys.

The test was given to students this spring in grades three through eight.

Dailey said Common Core provides more data points to measure how the district is doing and what it might need to address to meet the educational needs of students, but it isn't the only data point.

"If you look at like schools, we're doing OK, but not good enough," Dailey said. "We still need to improve and we will."

Other Genesee County districts:

  • Byron-Bergen, from 42 to 49 percent in ELA, and 49 to 48 percent in Math;
  • Le Roy, from 39 to 43 percent in ELA, and 45 to 50 percent in Math;
  • Pavilion, from 30 to 34 percent in ELA, and 45 to 42 percent in Math;
  • Alexander, from 34 to 33 percent in ELA, and 47 to 43 percent in Math;
  • Oakfield-Alabama, from 33 to 41 percent in ELA, and 50 to 49 percent in Math;
  • Elba, from 30 to 27 percent in ELA, and 36 to 41 percent in Math;
  • Pembroke, from 39 to 36 percent in ELA, and 50 to 45 percent in Math.

For complete countywide results, click here.

Though not in path of totality, eclipse captures attention of Batavia

By Howard B. Owens

For a couple of hours this afternoon, the whole nation, it seemed, was thinking about only one thing: the eclipse -- the first total solar eclipse viewable for any portion of the continental United States in 40 years, and pretty much, you weren't seeing that one unless you were in the Southwest.

Batavia was no exception to the eclipse mania that swept the nation with the Richmond Memorial Library handing out 1,000 eclipse viewing glasses and several hundred people sticking around the library for the viewing party. There was a long line for glasses at the library before the eclipse even started. 

The common comment among eclipse viewers, "I'll probably never see another one in my lifetime," even from people clearly young enough to look forward to the 2024 total eclipse when WNY will be directly in the path of totality.

Today, in Batavia, we only got to see about 76 percent of the sun blocked by the moon.

In 2024, it will be 100 percent, and because it's an early spring eclipse with the Earth closer to the sun, it will last twice as long.

There was a great community spirit at the library today, which people commented on.

"With everything going on in the world today, I thought it was kind of nice that people are getting together for something positive and fun," said Greg Ireland, who was sat on the grass outside the library with his family, including his two young children, whom he gave a small lesson in how the solar system works.

"I think it's very nice," Ireland said. "There's a lot of people having fun, families, activities for the kids. It's a good, positive thing for Batavia."

Debbie Wynn-Dunn said she came out because it was a chance to enjoy an extraordinary event with her family.

The rareness of the event also brought out Kathy Starkweather.

"I think anything that happens in our lifetime, that is unusual or not a very common event, is worth seeing," Starkweather said. "I love seeing all the families out here, parents with their kids experiencing something rare."

Nancy Gerspacher praised the library for putting the event together.

"It’s just something that happens that is phenomenal that you want to see, and it was very good of them to bring glasses and let people do this here," Gerspacher said.  "The library is a very good format to help everybody."

The path of totality for the eclipse in April 2024.

Driver killed Saturday night in crash on Bovee Road in Bergen's fire district

By Howard B. Owens

A one-car accident Saturday night in the Bergen fire district took the life of the car's sole occupant, according to the Monroe County Sheriff's Office.

The accident was reported at 8:05 p.m. at 321 Bovee Road, Riga.

Bergen fire and Mercy EMS were dispatched. The driver of the vehicle was deceased when first responders arrived on scene.

The female driver has yet to be positively identified by the medical examiner.

Investigators say the vehicle was eastbound on Bovee Road when the driver lost control. The vehicle spun sideways, crossed the south shoulder and struck a tree on the driver's side.

The stretch of roadway is flat and straight.

The investigation is ongoing.

(Initial Report)

The Batavian's news partner 13WHAM assisted in obtaining information for this story.

Law and Order: Suspect tracked by K-9 in swamp area near Walnut Street, Batavia

By Howard B. Owens

Billy Brown Sr., 34, of Walnut Street, Batavia, is charged with two counts of harassment, 1st, criminal contempt, 1st, criminal mischief, 4th, criminal contempt, 2nd, and coercion, 2nd. Brown was charged following a report of a domestic incident at 9:14 p.m. Aug. 14 on Walnut Street. Brown allegedly fled into the swamp area near Walnut and was tracked by Deputy Chris Erion and K-9 Destro. Brown was located and taken into custody without incident. He was jailed without bail.

Brian K. Dyer, 50 of North Street, Batavia, is charged with menacing, 3rd, and harassment, 2nd. At 8:49 p.m. on Aug. 14, Batavia PD responded to a location on North Street for a report of a landlord-tenant dispute. Dyer was arrested for allegedly threatening a tenant with a wood dowel and attempting to strike the tenant with the dowel.

Dashawn A. Suber, 24, of East Main Street, Batavia, was arrested on a warrant for alleged failure to appear for a court appearance.

Katelyn C. Kubala, 28, of Meadow Lane, Attica, was arrested on a warrant for alleged failure to appear for a court appearance. Kubala posted bail and was released.

Kodey R. Mills, 24, of Myrtle Street, Le Roy, is charged with criminal mischief, 4th. Mills is accused of damaging a sign on the side of the road in front of a business on West Main Street, Batavia.

Christopher P. Sullivan, 37, of South Main Street, Batavia, was arrested on a warrant for alleged failure to appear for court. 

Grayson J. Finnin, 21, of Old Buffalo Road, Warsaw, was arrested on a warrant for alleged failure to appear for a court appearance.

Keyanna L. Gibson, 19, of Watson Street, Batavia, is charged with harassment, 2nd, and endangering the welfare of a child. Gibson is accused of scratching another person during a dispute on Maple Street, Batavia. That person is under 17 years of age.

Barbara E. Ferrando, 45, of Summit Street, Batavia, is charged with unlawful possession of marijuana and criminally using drug paraphernalia, 2nd. Ferrando was allegedly found in possession of marijuana and drug paraphernalia at 12:25 p.m. on Aug. 13 at a location on Summit Street, Batavia.

Steffon G. Philip, 31, of Lyell Avenue, Rochester, was arrested on a warrant for alleged failure to appear for court. He was jailed on $5,000 bail.

Maurillio Osorio-Carreno, 33, of South Main Street, Batavia, was arrested on a warrant for alleged failure to appear for court.

Travis A. Weatherbee, 30, of West Main Street, Batavia, was arrested on a warrant for alleged failure to appear in court.

Terry Lee Lamere, 52, of Buffalo Road, Bergen, was arrested on a warrant for alleged failure to appear for court.

Ernest D. Lane, 59, of Ellicott Street, Batavia, is charged with strangulation, 2nd, and aggravated family offense. Lane was allegedly involved in a domestic incident at 1 p.m., Friday. He was jailed without bail.

Lee A. Baxter, 33, of West Main Street Road, Batavia, is charged with criminal contempt, 2nd. Baxter is accused of sending text messages to a person in violation of a court order. He was jailed on $1,000 bail.

Olivia Marie Lyons, 24, of Judge Road, Alabama, is charged with petit larceny. Lyons is accused of shoplifting from Walmart.

Possible serious injury accident on Bovee Road, Bergen

By Howard B. Owens

A car has reportedly stuck a tree and at least one person is entrapped with possible serious injuries in the area of 321 Bovee Road, Bergen.

Begen fire and Mercy EMS responding.

UPDATE: We heard no more traffic on this call. It was actually in Monroe County (though still Bergen's district). It's not likely we'll have any further updates.

Bicyclist seriously hurt in accident on Route 5, Le Roy

By Howard B. Owens

A bicyclist was seriously injured this morning in an accident on Route 5 in Le Roy after the cyclist allegedly failed to yield the right-of-way to oncoming traffic.

The cyclist was struck by a vehicle at 8:17 a.m.

Darwin G. Matthews, 73, of Le Roy, was transported to Strong Memorial Hospital by Le Roy Ambulance with serious physical injuries. 

The driver of the vehicle, a 2003 PT Cruiser, Megan L. Furr, was treated at the scene and released.

The accident is being investigated by Sgt. Jason Saile, Investigator Chad Minuto, Deputy Andrew Hale, Deputy Lonnie Nati, Le Roy PD Officer Emily McNamara. 

Le Roy Fire Department also responded.

Concern raised about mental health of defendant accused of attacking dog

By Howard B. Owens

A potential plea deal for a man accused of taking a woman's mobile phone and punching a beagle was put on hold in County Court this morning after his attorney expressed reservations about his client's ability to comprehend the court proceedings.

Attorney Micheal Locicero said that based on a recent mental health evaluation and his own conversation with his client this morning, he's concerned that Shawn M. Twardowski is confused by the proposed plea deal.

Assistant District Attorney Robert Zickl objected to a request for a detailed mental health examination.

"There didn't appear to be an issue when the defendant was seeking a judicial diversion," Zickl said. 

After a sidebar with the two attorneys, County Court Judge Charles Zambito said he would like more information from the counselors at the Mental Health Association who examined Twardowski.

Zambito did not grant what's known as a 730 exam, which is a mental health exam aimed at determining a defendant's mental fitness to proceed with a legal case. 

"I want more information, more specifics," Zambito said.

Twardowski, 34, was arrested Jan. 26 following an incident on Bank Street where Twardowski allegedly strangled and punched a beagle and stole a woman's mobile phone, then when police arrived, barricaded himself in a bedroom. He allegedly struggled with officers once they gained access to the room.

A follow-up hearing is scheduled for 10:30 a.m., Sept. 1.

Muslim turned atheist settles in Batavia while seeking asylum in United States

By Maria Pericozzi

Zerin Firoze grew up in Bangladesh in a secular family with a well-educated father, where 90 percent of the people in the country are Muslims.

She wanted to be like any other kid and use YouTube to listen to music, watch tutorials and study for school. But in 2013, YouTube was banned in her home country after an anti-Islam video was posted.

Firoze said something special happened to her that day. Shortly after it was banned, she watched an anti-Islam film, “Innocence of Muslim” after some of her Muslim friends were sharing the video, asking for everyone to report it.

“After having a few conversations back and forth, I went back and read the Qur’an again,” Firoze said. “I used an adult mind this time and I was shocked. Something happened to me that day.”

Her new attitude toward Islam and problems at home set her on a path that brought her to Batavia for college and she hopes will eventually lead to Harvard Medical School.

Firoze was a high school student who started questioning Islam on social media.

“I sat up straight and thought, ‘What is happening in my country?’ ” Firoze said. “2013 was a turning point in my life. I understood that everything I learned about religions is false and man-made.”

She said she knew it was dangerous to question Islam on social media, but she did not stop. Overnight, she lost her Muslim friends.

“I did not know that my own Muslim friends and family that I have grown up with would try to kill me or harm me, just because I chose to question Islam,” Firoze said. “There are several passages in the Qur’an that instruct Muslims to kill non-Muslims. I didn’t want to kill Christians or non-Muslims because I have loving non-Muslim friends and they’re amazing.”

It's been a year since Firoze came to the United States and settled in Batavia.

She has applied for asylum in the United States because she would be killed by Islamic extremists or jailed by the government for speaking out against Islamic extremism.

“I would love to go back to my home country, but I would be killed,” Firoze said. “I don’t think it will change in the next 10 years. It will not get better. It will get worse.”

After speaking out, Firoze received death threats from multiple terrorist groups in Bangladesh. Her name was on a death-threat list from one of the terrorist groups.

“My country is supposed to be a secular country,” Firoze said. “It’s still secular in the Constitution, but a majority of the people happen to be Muslims.”

Firoze said they don’t understand free speech or secular values.

 “You cannot call a country secular, then have a state religion,” Firoze said. “It makes no sense.”

When Firoze’s father found out she received death threats from terrorist groups, he told her to get out.

 “I fought with my parents a lot and I could no longer take the abuse at home,” Firoze said. “I got in touch with more secular friends from Western countries. I started documenting my miserable condition.”

Firoze received a head injury from her father, which gave her a speech impediment. She told her friends she was forced to drop out of school and was locked in her room. She was not allowed to go out or do anything.

“My mom and dad said they could not keep an outspoken atheist at my house,” Firoze said. “My dad threw me out many times for me wanting an education.”

Her dad was highly educated, so Firoze never understood why her dad denied her education.

“I expected a lot more from my family,” Firoze said. 

After her condition continued to get worse, her friends in the United Kingdom set up a GoFundMe to try to rescue Firoze from Bangladesh, after she began receiving daily threats from Islamist terror groups.

“At the time, it became too dangerous for me to stay in Bangladesh,” Firoze said. “I had started receiving rape threats and death threats just for saying something on my own Facebook page.”

It took Firoze almost two years to obtain her five-year visa to the United States, after being denied by the United Kingdom and Sweden for her single marital status, lack of ties to her home country and lack of funding.

Once in America, Firoze began to adjust to the American life. For the first time, she used public transportation by herself, wearing a short skirt.

In Bangladesh, Firoze said women could not take the bus or train alone because they would be harassed, kidnapped and raped. Women are also expected to follow conservative Islamic dress codes, wearing a burka and veil.

“My mom and my aunt started taunting me to be more modest,” Firoze said. “All my high school friends started wearing burka and hijab. I was expected to dress like them and be like them to fit in. I never cared about fitting in.”

The malls in Bangladesh stopped selling jeans, skirts and Western outfits. Firoze was told she should wear the hijab, but she said she finds the concept degrading and insulting.

“So many of my friends and girls in my country are burned and beaten to death, for not wearing the head scarf,” Firoze said. “The hijab is a symbol of oppression.”

One of her best friends in high school was forced into an arranged marriage, which is common in Bangladesh. According to UNICEF, 66 percent of girls are married before the age of 18, and one-third of girls are married before the age of 15. The legal minimum age for marriage is 21 for boys and 18 for girls.

“I raised questions about her marriage,” Firoze said. “I said let her study. Allow her to complete her high school at least. I was the only one brave enough to stand up for her.”

At that point, Firoze was struggling to complete her own education. She was told that because she was a girl, she did not need to study.

“That gave me the courage to speak against Islam, to speak against child marriage, to speak against terrible things happening in my country,” Firoze said. “In 2013, two famous atheists were killed in my country; my country was becoming more Islamic.”

One of her online Bengali atheist friends survived an attack with long-lasting neck injuries after being known an atheist blogger, while another atheist did not.

“In my home country, you can get jailed just for saying something on your Facebook page,” Firoze said. “Ordinary people like you and me have said something on their Facebook page about the government or Islam and they got jailed for it -- or for sharing a cartoon or meme.”

Firoze said there are more important issues that should be dealt with.

“People in my country don’t have access to healthcare or food,” Firoze said. “People are living in the streets. There are so many bigger issues in my country, and the government is after YouTube and Facebook.”

Terrorism has something to do with Islam, Firoze said.

“I have seen this with my own eyes,” Firoze said. “My classmates, friends, they became more radical. They became extremists after going to the mosque regularly. I have seen this in my own family and community.”

Firoze attended a secular school from 7 a.m. until 2 p.m., would have lunch at home, then have Islamic classes from 4 until 6 p.m. She said her mom sent her to Islamic classes to “receive her moral values.”

“I started disliking Islamic school from a young age,” Firoze said. “It was horrible.”

While atheists in Bangladesh have used pseudo names, Firoze has not.

“I am different,” Firoze said. “I have used my real name and my real face. I have spoken against Islamic extreme groups for the last three years with my real name and picture on social media.”

Firoze hopes to be a U.S. citizen in the near future and to attend Harvard Medical School to be a doctor. She started a Skeptics and Secular Humanists Club at college and hopes to spread secularism in the world.

“We must criticize and reform Islam,” Firoze said. “We must protect the rights of Muslims, especially under the Trump Administration. Books and ideas do not have rights. Humans have rights. We must fight Islamic extremism from a place of moral strength and unity, instead of using far-right xenophobia, racism, and bigotry.”

Firoze would like to start a secular club in Batavia if she finds enough like-minded secular or agnostic, atheist people in Batavia. If you would like to collaborate with Firoze, contact her via Facebook.

If you would like to support her efforts, click here.

Law and Order: Friend picking up friend at jail accused of driving drunk to get there

By Howard B. Owens

Nicholas Edmund Kaiser, 26, of Westbourne Drive, Tonawanda, is charged with felony DWI and felony driving with a BAC of .08 or greater. Kaiser was arrested after arriving at the Genesee County Jail at 1:35 a.m., Sunday, to pick up a friend who had been arrested for DWI earlier in the night. Upon Kaiser's arrive, officers suspected Kaiser of being intoxicated. He submitted to a field sobriety test. 

Jamie Ann Dorazio, 24, of Broad Street, Tonawanda, is charged with DWI, driving with a BAC of .08 or greater and failure to obey police officer. Dorazio was stopped at 11:44 p.m., Saturday, following a traffic stop on Sumner Road, Darien, by Deputy Eric Meyer.

Jeffrey Alexander Cardenas II, 26, of Lake Street, Le Roy, is charged with driving while impaired by drugs and failure to keep right. Cardenas was arrested after Deputy Mathew Clor responded to a complaint of a vehicle off the road on Lake Street Road, Le Roy, at 12:18 a.m., Saturday.

David James Leroy, 25, of Sumner Road, Darien, is charged with obstructing governmental administration, 2nd. Leroy was arrested after deputies and troopers responded to a check-the-welfare call at a location on Sumner Road, Darien. Leroy allegedly interfered with the deputies and troopers.

Ronald D. Ashton III, 24, of Bennett Street, Buffalo, is charged with aggravated unlicensed operation, suspended registration and driving to left on crest/grade curve. Ashton was arrested on a warrant for alleged failure to appear in Town of Bethany Court on charges stemming from 2016.

Kelly Ann Kasper, 47, of Judge Road, Alabama, is charged with criminal contempt, 2nd. Kasper allegedly struck a person who was the protected party in an order of protection.

Teshawn Anthony Lang-Smith, 21, of Dellinger Avenue, Batavia, is charged with criminal mischief, 3rd. Lang-Smith is accused of damaging property at a party at 3:15 a.m., Aug. 30, 2014.

Law and Order: Central Avenue man accused of hitting child with extension cord

By Howard B. Owens

 

Theodis Hill Jr., 48, of Central Avenue, Batavia, is charged with assault, 2nd, and endangering the welfare of a child. Hill allegedly struck a child with an extension cord, causing an injury. He was jailed without bail.

Jeffery Richard Lefort, 35, of Maxon Road, Attica, is charged with DWI, driving with a BAC of .08 or greater, and drinking alcohol in a motor vehicle. Lefort was located at 7:12 p.m. Tuesday on Ledge Road, Alabama, waiting for a tow truck with a flat tire when Deputy Jeremy McClellan stopped to check on his welfare.

Peter C. Ayala III, 33, of Walnut Street, Batavia, is charged with harassment, 2nd, and endangering the welfare of a child. Ayala was arrested following an investigation into a domestic dispute reported at 10:56 p.m. Tuesday.

Shuronda L. Rogers, 40, of Mohawk Street, Rochester, was arrested for alleged failure to appear. Rogers was located by Monroe County deputies during a traffic stop and turned over to Batavia PD.

Dakota O. Irvin, 25, of Main Road, Attica, was arrested for alleged failure to appear. Irvin allegedly failed to appear on a ticket for aggravated unlicensed operation. Irvin posted bail and was released.

Jon N. Roblee, 41, of Main Street, Batavia, was arrested on a warrant for alleged failure to obey terms of his sentencing on a resisting arrest conviction.

Law and Order: Batavia man accused of choking person, injecting dog with purple liquid

By Howard B. Owens

Eddie L. Miles Jr., 45, of Washington Avenue, Batavia, is charged with criminal obstruction of breathing, and torturing or injuring animals. Mile is accused of putting his arm around the neck of another person and obstructing that person's breathing. He is also accused of injecting an unknown purple liquid into a dog. He was jailed on $5,000 cash or $10,000 bond.

Ronald C. Palmer, 46, of Florida, was arrested as a fugitive from justice. Le Roy PD arrested Palmer with assistance from the Local Drug Task Force. He was located on East Main Street, Le Roy. He was wanted on a warrant out of Broward County for violation of pre-trial release terms. The original charge is grand theft, 3rd. He was jailed without bail pending extradition.

Matthew B. Hardesty, 24, Martin Avenue, Blasdell, is charged with grand larceny, 4th. Hardesty was wanted on a warrant for an alleged grand larceny in May 2016 on Narramore Drive. Hardesty was located by USAF Security Police at Niagara Falls Airbase and turned over to Batavia PD. He was jailed without bail.

Eloise A. Peart, 31, of Wilder Street, Rochester, was arrested on a warrant for alleged failure to appear. Peart was released on bail.

Jeffrey T. Garrett, 45, of East Main Street, Batavia, is charged with disobeying a mandate. Garrett allegedly failed to respond to a grand jury subpoena.

Sean P. Carney, 26, of Hickory Hill Drive, Mayfield Village, Ohio, is charged with petit larceny. Carney is accused of shoplifting at Tops Market. He was jailed on $1,000 bail, $2,500 bond.

Dexter L. Turner, 25, of Church Street, Medina, is charged with failure to appear. He was jailed on $1,000 bail. He was also arrested on another warrant and bail on that arrest was set at $10,000.

Head-on collision, believed with a serious injury, reported in Alabama

By Howard B. Owens

A head-on collision is reported on Ledge Road, just west of Maple Road, Alabama, with a possible serious injury.

Mercy Flight on ground standby.

One person believed injured.

Alabama fire and Mercy EMS dispatched.

UPDATE 1:13 p.m.: Two vehicles involved. One blocking, the other in the woods. Possible medical condition. 

UPDATE 1:20 p.m.: Mercy Flight requested to scene.

Severe thunderstorm warning until 2 p.m

By Howard B. Owens

A thunderstorm with 60-mph wind gusts is moving toward Genesee County at 45 mph and is expected to hit Batavia, Pembroke, Byron, Oakfield, Stafford, Alabama, Corfu and Elba.

The storm is currently over Clarence. 

A severe thunderstorm warning has been issued by the National Weather Service. 

The weather service says to expect damage to trees and powerlines.

The weather service urges people to seek protection in an interior room on the lowest floor of building.

Hail is also predicted.

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