batavia

If you've driven down West Main Street Road, Town of Batavia, recently you might have seen this peacock off the side of the road.

It's the creation of Mike Cleveland, town justice. He's started decorating his yard for fall. The idea was inspired by a trip he and his wife made to Maine last year where they saw several yards creatively decorated using bales of straw. He said that since farmers are often willing to loan out straw, he's hoping other residents will catch onto the idea.

It took nearly three hours for Benjamin Muntz to find out that Judge Robert C. Noonan would be tacking another two to four years onto his prison term.

In the arcane labyrinth of our judicial system's sentencing guidelines, there was no clear cut answer on what to do with Muntz's case.

It's that complicated.

In January, Muntz entered guilty pleas to counts of burglary, 3rd, and grand larceny, 4th. Rather than show up for his sentencing in March, he flew south. He also became a suspect in another burglary and was charged with another felony.

Eventually, he was caught and returned to Genesee County.

He was sentenced in April by Noonan to three and a half to seven years in state prison and charged with bail jumping.

If the only charges against Muntz were those earlier felonies and the bail jumping, the sentencing guidelines are clear: Any sentence Muntz received on bail jumping would need to be served consecutively (not at the same time, or concurrently) with his other sentence.

As part of a plea deal, Muntz had received a one and a third to three year sentence cap on the bail jumping charge.

The curve for Noonan was that newer burglary, 3rd, charge.

If Noonan gave Muntz another three and a half to seven on that charge, could the bail jumping sentence be concurrent with that sentence, or would it need to be served consecutively?

Noonan didn't have the answer. The attorneys for the prosecution and the defense didn't have the answer. The prison guards who transported Muntz in his DOCs green jumpsuit to County Court today certainly didn't have the answer.

After consulting his law books and case law in chambers and conferring with attorneys -- in between hearing other cases -- Noonan concluded that if the second burglary sentence was consecutive then the bail jumping sentence would be consecutive to that.

In other words, Muntz would be looking at more than eight years and up to 17 years in prison.

Through his attorney, Thomas Burns, Noonan offered Muntz a deal: waive his sentence cap on the bail jumping conviction so Noonan could sentence him at two to four years and Noonan would make his other burglary charge, at three and a half to seven, concurrent with his prior sentence.

Once Burns got it all thoroughly explained to Muntz, with a little assistance from one of the prison guards, Muntz agreed to the arrangement.

For prior coverage on Muntz, click here.

Honor, duty, country. For Jason M. Jewett, those words were more than platitudes, said family and friends following his funeral today in North Pembroke.

His coffin was draped in stars and stripes when it arrived at the cemetery after a procession of more than 100 cars through Batavia and East Pembroke. Two honor guards, with white cotton gloves and golden aiguillettes, removed the flag from the casket and with solemn precision folded it into a razor-sharp triangle.

A guard raised his white-gloved hand toward the deep blue sky. Honor, duty, country, he pronounced loudly enough for God to hear.

"For a young man, he was very patriotic," said his mother, Joyce Jewett, after the service. "He loved his country. He loved his fellow man. He helped people in need everywhere he saw people in need. For a young man with a short career, he accomplished a lot in a short time."

Jewett was an agent with ICE and helped train the agency's Special Response Team.

Team members traveled from as far away as Texas to honor their comrade, who died Friday in a traffic accident on East Eden Road, Eden, in Erie County.

More than 250 people attended his funeral.

The Oakfield native touched many lives, making friends instantly with everybody he met, regardless of race or background or means, said longtime friend Nathan Fix.

"He could walk into a room and, even though you never met him, you would smile," Fix said. "He would smile. He had no enemies."

Deputy Joseph Corona counted Jewett as his best friend.

It was Jewett who lured Corona into law enforcement.

"Law enforcement is a path we both enjoyed," Corona said. "He made me passionate about it and made me want to strive for more. He opened doors for me when I had turmoil in my life and uncertainty, and he always led me on the right path."

The outpouring of love for Jewett following his death came from all quarters and from around the country. It showed, said Corona, what a special man he was.

"I'm happy that he was so loved," Corona said. "Everything that he represented was represented here today."

Joyce Jewett said the funeral was not an end, but a transition.

"Right now, we don't consider him gone," Joyce said. "We consider him onto the next mission. God has a mission for him."

Jewett received a 21-gun salute, taps on a trumpet and "Amazing Grace" on bagpipes. His perfectly folded American flag was presented by a member of the SRT to Joyce and his father Joe. The gloves that folded the flag were laid to rest on the casket.

One-by-one, members of SRT placed their division patches on top of the casket. The INS guards filed through the tent where family sat and each gave each member of the family a hug. Then Jason's parents walked over to the line of SRT members and the line of Sheriff's deputies and officers and hugged each of them. Joe Jewett had a private word with each man. Men and women in the assembled gathering sniffled and cried.

 "Jason deserved this," Joyce said. "He worked hard and he loved his job."

Fix said in their long friendship, they never drifted apart even as their careers took different paths.

"No matter what Jason did, it was always the right thing," said Fix, who first met Jewett when they were security offices together at Darien Lake years and years ago. Jewett helped Fix when he needed it most and they were neighbors in Oakfield for awhile.

"It was an honor to be at the funeral today," Fix said. "He was like a true guardian angel."

Everything happens for a reason, Joyce said. God has a plan. He brought Corona and her son together and built a special bond between them. That friendship helped form new relationships between ICE and the Sheriff's Office, she said (and Fix, who is a dispatcher and volunteer firefighter agreed). Before, agents and deputies might talk on the phone, but now they know each other personally, Joyce said. That relationship will improve both agencies, she said.

Corona said will never forget his friend.

"He is buried here in a part of a town that I patrol and I'll be here every day that I can be to pay my respects," Corona said. "He'll always be remembered as my best friend."

Joyce Jewett found a few bullet hole stickers among her son's belongings, so she gave them to SRT members and Joseph Corona. Jewett like a good practical joke, she said, and putting the stickers on his casket is the kind of thing he'd appreciate, she said.

Press release:

The City of Batavia Fire Department will be flushing fire hydrants on Wednesday Sept. 4, and Thursday Sept. 5, from approximately 9 a.m. to 3 p.m. in the general area north of West Main Street and west of Bank Street.

Homes and businesses nearby will be affected. These tests may result in a temporary discoloration of water in that area. As in the past, please do not attempt to wash any clothing if your water appears discolored. If you do experience a discoloration of your water, run cold water for about five minutes or until clear.

Here are the results from the Batavia Area Jaycees 5K held on Labor Day.

• Overall male runner: Kevin Sheehan, 51, 18:24
• Overall female runner, Alexis Kindig, 16, 21:30

By age, female:

• 14 and under, Serena Strollo, 13, 26:46
• 15-19, Kerry Mills, 18, 21:56
• 20-29, Jenna Nichols, 26, 24:51
• 30-39, Melissa Demoy, 38, 22:41
• 40-49, Christine Klein, 49, 25:41
• 50-59, Toni Mills, 54, 29:16
• 60+, Kathy Jenson, 71, 44:25

By age, male:

• 14 and under, Campbell Anderson, 14,19:21
• 15-19, Ty Demmer, 17,17:44
• 20-29, Christian Caccamise, 23, 21:24
• 30-39, Dave Bateman, 30, 19:06
• 40-49, John Kirkwood, 42, 21:26
• 50-59, Ken Scott, 51, 22:37
• 60+, Bill McMullen, 60, 22:05

When you sit down for a meal at Pasquales, Mama Fasano wants it to be just like you're coming over to her house for dinner.

Every dish with be based on family recipes and the ambiance and decor will be designed to give diners an old-time, family Italian restaurant feel.

The Fasano family purchased the red brick, two-story building at the corner of Swan and Ellicott streets at the city's tax lien auction a couple of months ago with the specific intention to open a restaurant.

They've had to completely gut the place and entirely remodel it -- including putting in a new kitchen. The restaurant won't open until late fall, but they're ready to talk about their plans.

Joan Fasano has been in the restaurant and catering business for 40 years and at Pasquales the whole family is joining in.

"Many Batavians and Genesee County residents have been familiar with the Fasano name in conjunction with great food over the years," Maggie Fasano said. "Joan and her husband Jim catered many, many weddings, anniversaries, graduations and other events."

The menu will include homemade ravioli, chicken cacciatore, tripe, pasta fazool, along with other old-country recipes, and once every two weeks, a polish dish.

People go crazy over the polish dishes," Rachel Fasano said. "You can’t get them anywhere."

The kitchen is being designed and set up by Karl Klein, who recently closed his restaurant in Le Roy.

The Fasanos and Ganson have been close friends for 30 years.

Every once in awhile he'll work as a guest chef, making special dishes for the day.

Though the building was most recently a bar, the Fasanos are not setting up a tavern. It's an eatery. There will be beer and wine to go with dinner, but the bar won't be a place to come and sit and just drink.

Meals will be affordable.

"We want people to be able come and enjoy dinner and not empty their pockets, so to speak," Dave Fasno said. "Our menu will be based on good Italian food, what Mom likes to call peasant food."

Family photos and old photos of Italian immigrants will hang on the walls.

"We want people, when they walk in, to feel like the restaurant's been here forever," Joan said.

Photo: Rachel, Joan, Maggie in the front and David and Jimmy John behind the bar.

Press release from Batavia PD:

Due to the malfunctioning traffic light at Richmond Avenue and State Street, the Batavia Police Department will be assigning an officer for traffic control at that intersection on Friday, Sept. 6 during school morning admission and afternoon dismissal periods.

This will be to alleviate traffic congestion and assist with students crossing at that intersection. If you are traveling in the area please be aware and use caution during these times.

Local business adding new services!

Local businessman Eric von Kramer is adding new services to complement his low-pressure roof cleaning business. We will now be offering low pressure house washing, gutter clean-out and gutter whitening.Our main business remains low-pressure roof cleaning to safely melt away the black streaks, algae and moss, that is often seen on area roofs.

This problem is caused by a hearty form of airborne algae that actually feeds off the limestone in shingles. We use the low-pressure process recommended by the shingle manufacturers. The results are immediate and stunning and all work is guaranteed.

It is seldom necessary to use a high pressure washer to clean vinyl, aluminum or painted wood siding, von Kramer states. Our low pressure cleaning is designed to gently clean without damaging your roof or siding. Our patented gutter whitening will bring your gutters back to the "like new" look! We can also clean out the tennis balls, Frisbees, and little maple trees to keep your gutters and downspouts operating properly. All services are offered separately, but as I have seen on TV, it is usually better to "bundle."

Call for an onsite inspection and price. All work is guaranteed to please. Visit our Web site for more information. www.roofcleaningbatavia.com or call (585) 762-9075 or (716) 474-0938.

More than 300 people showed up this evening for calling hours at the Gilmartin Funeral Home on West Main Street, Batavia, to pay respects to the memory and the family of Jason M. Jewett.

Among the mourners were about three dozen members of a nationwide car club that was proud to include Jason among its members.

Jewett, 31, of South Byron and originally from Oakfield, died Friday in a car crash in Erie County.

The car club members who attended tonight came from throughout the Northeast, but the majority were from Rochester. They represented three teams within the club: Style by Choice, Sunworks and Street Kings.

Any hardcore car enthusiast, regardless of make or model the member owns, is welcome into the club.

Jewett was all in once he became passionate about cars, according to Kyle McGuckin, team leader of Style by Choice.

His car was a black and yellow Mitsubishi Evolution club members called Pikachu.

"Jay loved his car and everybody knew his car," McGuckin said. "It was bright yellow. You could not miss it."

There's a tight bond between club members, McGuckin said. It just happens to bring them together.

"We wouldn't have known any of these guys without cars," McGuckin said. "We're definitely more about family than just a car crew."

Also honoring Jewett tonight were several members of the local law enforcement community, where Jewett had many friends. He was an agent at the Immigration Customs Enforcement & Deportation facility in Batavia along with being one of 13 instructors for the Special Response Team.

He had worked in and around law enforcement in Genesee County much of his adult life.

Calling hours will continue tomorrow from 3 to 8 p.m.

A Mass of Christian Burial will be held at 9:30 a.m., Wednesday, at Resurrection Parish, 303 East Main St., Batavia. Interment will be in North Pembroke Cemetery.

Click here for Jewett's obituary.

Jason's nephew Nate Jewett, also a car club member, with his BMW. Nate is active duty Navy currently stationed at Port Hueneme in Ventura County, California.

Besides his car, Jason owned a gray Dodge Ram 1500 that he was proud of. A friend brought it to the wake. With it are Nate Jewett, Zach Hallatt and Huseyin Damlar.

Two females and one male are reportedly brawling in front of 121 Liberty St. Police are now on scene.

UPDATE 2:48 p.m.: The parties involved say it was only a verbal altercation.

UPDATE 2:49 p.m.: The police say they are being uncooperative.

Jason Daniel Lang, 29, of Liberty Street, Batavia, is charged with grand larceny, 4th. Lang is accused of stealing merchandise from Walmart during two separate visits. Lang was jailed on $2,500 bail. (For previous coverage of Jason Lang, click here).

Donald William Schulz, 34, of Garden Springs Drive, Mount Sterling, Ky., was arrested on a bench warrant for alleged failure to pay fine. Schulz is accused of failing to pay a fine or restitution on a manslaughter charge. Schulz was extradited and returned to Genesee County and is being held in Genesee County Jail pending arraignment in County Court.

Daniel Johnston Duryea, 32, of Grant Avenue, Humbolt, Neb., is charged with felony DWI, felony driving with a BAC of .08 or higher, moving from lane unsafely, failure to keep right and driving left of pavement markings in no passing zone. Duryea was stopped at 12:33 a.m., Sunday, on Route 238 in Alexander by Deputy Jason Saile.

Marc Harry Rice, 35, of Judith Drive, Cheektowaga, is charged with DWI, driving with a BAC of .18 or higher and failure to keep right. Rice was stopped at 8:13 p.m. Saturday on South Alleghany Road, Corfu, by Deputy Patrick Reeves.

MacKenzie Douglas Barrett, 17, of Eagle St., Medina, is charged with grand larceny, 4th. Barrett is accused of stealing about $2,000 in cash since June while employed at Darien Lake Theme Park.

Wesley C. Burgess, 29, of Jefferson Street, Attica, is charged with unlawful possession of marijuana. Burgess allegedly possessed a bag of marijuana and a pipe with marijuana residue while passing through a checkpoint at 12:08 a.m. Saturday on West Main Street Road, Batavia.

Area 51 on Harloff Road, Batavia, hosted hundreds of racers from throughout the Northeast and Canada this weekend for the track's 7th Annual Can Am A.I.R. races.

A Batavia boy was seriously injured this morning when the car he was riding in left the roadway on Ledge Road and struck a utility pole.

The car snapped in half with the rear passenger area skidding to the south shoulder near the pole and the front end of the car spinning about 30 yards ahead and stopping in the south shoulder just short of a corn field.

Shawn P. Wolcott, 10, was taken by Mercy Flight to Womens and Children's Hospital by Mercy Flight.

Shawn's condition reportedly improved after arriving at the hospital.

His father, Shawn P. Wolcott Sr., a resident of Maple Street, Batavia, was also seriously injured and transported by Mercy EMS to ECMC.

Wolcott told investigators that his car jerked for an unknown reason to the right before exiting the roadway.

Chief Deputy Gordon Dibble said at the scene during a preliminary part of the investigation that there are no markings in the roadway prior to the car's impact with the pole to indicate any kind of emergency or evasive action, including braking.

Speed is not considered a factor in the accident.

Because of the serious nature of the injuries, the Crash Management Team was dispatched to the scene to conduct an investigation and accident reconstruction. Typically, Crash Management investigations take weeks if not months to complete.

Alabama fire responded to the scene along with firefighters from Pembroke and Indian Falls.

They're not exactly Starsky and Hutch, but they are quite a duo. Crime fighters, even.

Nicole Johnson and Jennifer Hodgins work the breakfast shift at the Pok-A-Dot most mornings. They pretty much know all the customers and the customers know them. A morning at the Dot when both are working is, well, entertaining.

That's one reason Jen was more than a little perturbed when a customer -- not a regular, but not a first-timer either -- stole Jen's iPhone.

The phone cost Jen $700 cold hard cash because she's not on a contract.

"My boyfriend, John, was using the phone and he set it down," Jen said. "I went to the bathroom and came back five minutes later. The phone was gone."

Jen tried calling the phone and found it was turned off.

"Our customers like to play pranks on us all the time, so at first we were thinking that was what was going on," Johnson said.

Niki and Jen have their phones set up so each can use the iPhone app "Find My Phone" to find each other's phones.

When Niki arrived at work, Niki used "Find My Phone" to lock Jen's phone and alert her if it was turned back on.

They also filed a police report.

About an hour later, the phone came on. It was on North Spruce Street.

Jen and a customer headed over to North Spruce and found the car they believed had been driven by the customer who stole it. They followed the car, but the driver sped away.

The information was given to police and an officer warned Jen about trying to chase down criminals. He also said the police would follow up.

"The phone was locked up and he couldn't do anything with it," Johnson said. "All this kid could do was turn off and on."

By the next evening, no word from the police and with the phone off, Niki couldn't track it.

Then it popped back on.

The phone was moving down Route 33 and Jen and Niki feared it was headed toward Rochester never to be seen again.

John hopped in his car and started down Route 33.

Niki started pinging the phone -- making it sound a tone repeatedly -- and sending it messages.

"We kept saying, 'we want the phone back no questions asked. Just leave the phone some place where we can find it. We won't pursue you. We just want the phone back."

About five minutes later, the phone stopped moving. The person who had it ditched it by the side of the road and John found it.

The women were elated.

"We were literally two 30-year-old women who kind of went back to our 14-year-old selves," Johnson said. "We had a major happy dance. It went on for about five minutes."

Johnson said they were so excited because, "I don't know one person who's had a phone stolen, literally, actually stolen, and gotten their phone back."

Interestingly, the feature Johnson and Hodgins used to get the phone back is under attack.

Apple is being sued by a group of lawyers who claim their client owns the patent for the feature that allows a computer to track a phone.

The patent was filed in 1995.

According to the Gigaom article, there are people known as patent trolls who buy patents that never made it from the drawing board to an actual product and then look for products that appear to infringe on the patent. Then, they sue. That appears to be the case with the "Find My Phone" lawsuit, but if the suit prevails it could spell the end for a very useful feature for recovering lost or stolen phones.

There are an estimated 1.8 million smartphones stolen every year. Thieves can use the phones for identity theft or sell the phones overseas for good money.

Other smartphone makers are looking into creating "kill switches" similar to what Apple provides its customers with iPhones.

Here's an article on how to use "Find My Phone." If you have a Droid, there are apps available to help protect your device against theft.

Ricky A. Leach Jr. Jessica M. Ring

Ricky A. Leach Jr., 33, and Jessica M. Ring, 28, both of 1605 Green Circle, Goodletsville, Tenn., are charged with criminal possession of the precursors for methamphetamine and making methamphetamine. State Police responded to the wooded area near Target after receiving a report of suspicious activity. Leach and Ring were allegedly caught in the act of making meth. Both were jailed on $10,000 bail each.

Kiernan William Kinney, 24, of Woodstock Gardens, Batavia, is charged with sexual abuse, 1st. Kinney is accused of subjecting a 21-year-old woman to forced sexual contact.

Juan A. Roman, 36, of 17 Elm St., Batavia, is charged with harassment, 2nd, and unlawful possession of marijuana. Roman is accused of head butting another person during an alleged incident at 2 p.m. Wednesday on Walnut Street, Batavia.

Michael D. Snyder, 41, of 13 1/2 Union St., Le Roy, is charged with petit larceny. Also charged, Edward T. Lette Jr., 43, of 3827 W. Main St., Batavia. Snyder and Lette are accused of stealing two 30-packs of beer from Tops. The suspects reportedly fled the store on bicycles and were apprehended minutes later by state troopers and Batavia PD officers.

Rachell Onie Soggs, 25, of West Main Road, Batavia, is charged with petit larceny. Soggs is accused of stealing $28.74 in merchandise from Walmart on Aug. 17. Soggs reportedly left the store before she could be located by authorities. Soggs was also arrested on charges of falsifying business records and criminal possession of stolen property. Soggs allegedly tried to sell stolen property at a local business.

Harold Laverne Howard, 41, of Alleghany Road, Basom, is charged with DWI, refusal to take breath test, speeding (73 mph in a 45 mph zone), failure to stop for stop sign and no plate lamp. Howard was stopped at 2:37 a.m. on Route 77, Basom, by Deputy Joseph Corona.

Latoya D. Jackson, 27, of 209 Liberty St., Batavia, is charged with criminal possession of a weapon with intent to use a weapon and harassment, 2nd. These are additional charges stemming from an alleged incident Aug. 19 in which Jackson allegedly cut two people with a knife.

A car vs. motocycle accident is reported on the westbound Thruway by mile marker 386.4. The motorcycle rider and his passenger are injured. Both are conscious and alert. One has a back injury and the other is reportedly bleeding from the mouth. Two Mercy rigs are going to the scene along with Town of Batavia Fire Department. The location is between the CSX railroad crossing and Route 33.

UPDATE 3:11 p.m.: Mercy medics are transporting two patients to Strong Memorial Hospital.

UPDATE 3:14 p.m.: State Police have released Town of Batavia responders from the scene.

Kevin E. Conners

He was allegedly drunk, in a big truck and packing a hand gun.

Now he's in trouble with the law.

Police arrested 49-year-old Kevin E. Conners, of 206 Richmond Ave., Batavia, after initially receiving a report of an erratic driver in the city at 11:30 p.m., Tuesday.

A witness told police they saw a black Chevrolet Silverado heading north on Oak Street and then turn east onto Richmond Avenue.

The truck proceeded east driving over the grass parkway on the south side of Richmond and just as it tried to pull back into the roadway, it struck a parked car.

The truck then headed down Richmond at a high rate of speed, according to the witness statement, the truck blew through stop signs on North Street at Bank and at Summit. It turned right onto Ross and allegedly failed to stop at a stop sign at Ellsworth.

When the truck reached Washington, it turned right and proceeded west before the driver reportedly tried to pull into a driveway. It over shot the driveway so the driver reportedly backed up and tried again. It missed again.

The witness statement indicates the driver gunned it, jumped the curb and ran into the porch of a house at 303 Washington Ave. The truck's tires spun on the pavement and the truck ran further up the porch.

When Officer Arick Perkins arrived on scene, he approached the driver's side of the truck and said he saw the driver removing a gun from his waist area. More officers arrived on scene and Conners was ordered from the truck.

He was taken into custody without incident.

A gun was recovered from under the driver's seat. It was registered and legal, according to Officer Eric Hill.

Conners was transported to Batavia PD headquarters where he allegedly failed a field sobriety test and registered a .13 BAC on a breath test.

He was issued citations for DWI, driving with a BAC of .08 or higher, reckless driving, moving from the lane unsafely (three citations), failure to keep right, passed on right and following too closely. He was arraigned in City Court and remanded to jail.

Conners' vehicle was towed from the scene.

But the story doesn't end there.

At around noon, Wednesday, Conners was released from jail under supervision of Genesee Justice. He retrieved his truck from impound.

At 12:11 p.m., police received a report of a truck striking a telephone poll near 204 W. Main St.

Conners was reportedly the driver. He was injured and transported to UMMC.

No charges have been filed related to the second accident, but the investigation is continuing.

Shane M. Bell

Perhaps it was self-defense. That's the argument William Tedford tried to make in a felony hearing in City Court this morning on behalf of his client, Shane M. Bell.

Bell is accused of punching 52-year-old Scott Baker on Sunday night shortly after the two men left a party at The Harvester on Harvester Avenue.

The purpose of a felony hearing is to determine if there's enough evidence to sustain the key elements of the crime as charged.

Tedford tried hard to expand the scope of the hearing to draw out more possible facts of the case, but Judge Robert Balbick sustained each of District Attorney Lawrence Friedman's objections as Tedford asked questions about Baker's prior criminal history, who other witnesses may be and whether his client was properly given his Miranda warnings.

All of those issues are interesting, Balbick said, but not relevant to a felony hearing. The defense will have every opportunity to raise those and other issues as the case moves forward.

The only two issues before the court were whether Bell hit Baker -- and Tedford acknowleged there was contact -- and whether Bell intended to cause serious physical injury when he allegedly swung his fist at Baker's head.

Tedford aimed to base a self-defense claim on testimony by Det. Pat Corona that Bell said Baker followed Bell out of the bar and across the street, that on the way, Baker chest bumped Bell at least once and possibly twice, and then Baker tapped Bell on the neck just before the punch was thrown.

"I submit your honor that there is sufficient information before the court today that while certainly my client had alleged involvement, the individual Scott Baker also has a role in this matter and the court should revisit that issue," Tedford said. "With assault in the second degree it's necessary to prove intentional injury and in this case the intent element is not so clear."

Friedman quickly rose from his chair when it was his turn to refute Tedford's argument.

"Mr. Tedford is right that his client was involved," Friedman said. "He's the one responsible for the serious physical injuries to Scott Baker. He's right that Scott Baker had a role. His role is that of the victim of this assault ...

"He said he was chest bumped before he punched him and he was touched on the back of the neck," Friedman added. "Your honor, this would not be a reasonable response even if you believe that is what happened. It does not in any way justify what happened to Scott Baker. (Bell is) not claiming his life was threatened or that he feared serious physical injury or even injury. He was bumped by Scott Baker and he turned and punched him."

Balbick upheld the felony charge of assault in the second degree and ordered Hill's no-bail status be continued.

During the hearing, Tedford asked whether Corona knew that The Harvester had been serving free beer from 10 a.m. to 6 p.m. Corona did not.

Corona said that Bell told him Baker and Hill had been in the bar hours prior to the incident and that they had exchanged a number of "drunken hugs."

In the courtroom during the hearing were the families for both Baker and Bell.

Baker remains in the trauma unit at ECMC unconscious with a serious head injury. One reason Bell is held without bail is that there's concern Baker will not survive, in which case Bell will be facing upgraded charges. Bell also has a prior felony conviction and 18 prior arrests, according to Balbick.