batavia

Photo by Howard Owens
Story by Amanda Dolasinski, The Fayetteville Observer
Story republished with permission

Less than four seconds after Sgt. Shaina Schmigel jumped from a C-17 as part of a nighttime airborne operation, she was being dragged behind the aircraft. She became entangled in the next jumper's suspension lines and died of severe neck injuries.

Schmigel, 21, was killed after she jumped with a T-11 parachute at Holland Drop Zone on May 30, 2014. An investigation into her death found the most glaring error was the jump master's failure to inspect the static lines of her parachute.

Schmigel was an intelligence analyst with the 37th Engineer Battalion, 2nd Brigade Combat Team. She joined the Army in 2010 and had been assigned to 2nd Brigade since June 2011.

Paratroopers administered first aid when they found her on the ground, but she was declared dead at the drop zone.

Changes in airborne operations were formed from recommendations made by investigators after Schmigel's death, said Master Sgt. Patrick Malone, a spokesman for the 82nd Airborne Division.

"This accident was thoroughly investigated, and the entire airborne community has implemented measures that will mitigate the probability of similar accidents happening in the future," he said. "Airborne operations are inherently high-risk, and we are committed to ensuring they are executed as safely and effectively as possible."

News of Schmigel's death has been hard to process for her mother, Karie. The two were close, and Karie had just left Fort Bragg after spending Mother's Day weekend with her daughter.

The day following Schmigel's fatal jump, Karie said she knew something wasn't right.

"I was trying to call her that day," Karie said from her home in New York. "I went to call Shaina. Voicemail, voicemail, voicemail."

Karie stepped outside her home to continue calling. That's when she said the men in uniforms pulled up.

"I'll never forget that," Karie said, sobbing. "I'm like, 'No, not my baby girl.' I knew right away."

Maj. Gen. John Nicholson, then-commanding general of the 82nd Airborne Division, ordered an investigation into Schmigel's death in June 2014.

The nearly 300-page investigation includes airborne operation briefings and manifests, interviews with witnesses and flight data.

Investigators said there is no evidence that the aircrew, aircraft or weather contributed to Schmigel's death, but there were several areas of negligence that needed to be addressed as safety factors, according to the report obtained by The Fayetteville Observer through the federal Freedom of Information Act.

The report found:

Following the death, the safety who failed to check Schmigel's static line was recommended to be permanently decertified from duties as a jump master. That person's name is redacted in the report.

The status of the safety was not current at the time of the airborne operation. The safety was out of compliance by five days for completing baseline certification, according to the report.

The safety also skipped the jump master briefing before the operation the day of Schmigel's death, according to the report.

Investigators made eight other recommendations to correct or improve operations and procedures surrounding airborne operations.

Investigators also found the airborne operations called for two safeties per door, but that's not what happened on Schmigel's flight. One "simply stood by" as the other worked, according to the report.

Another concern about the safeties was that all four safeties on the aircraft -- two on the right door, two on the left door -- were rookies, performing their first duties as safeties, according to the report.

Investigators recommended the Advanced Airborne School direct safeties be paired with a more advanced jump master. Also, no more than half of the safeties assigned to a flight can be on their first duty, according to the report.

Safeties also must inspect static lines all the way down to the curved pin protector flap, which protects the main curved pin until it is activated to release the parachute. One of the safeties told investigators that static lines were only inspected to the pack tray, not to the protector flap that covers the pin.

Investigators believe Schmigel's static line was loose and became caught under the protector flap. Since the flap did not open, the main curve pin could not deploy, therefore delaying the release from the pack tray.

A main curve pin's failure to deploy is "a single point of failure," meaning every action after the failure also will not occur, said Maj. Craig Arnold, commander of Fort Bragg's Advanced Airborne School.

After the pin deploys, the deployment bag is released, risers are stretched outward and the parachute inflates.

Jump masters had never seen a curve pin failure due to loose static lines before, and therefore didn't know it was a deficiency, Arnold said.

Arnold, who said he has reviewed the investigation into Schmigel's death, said jump masters took note of the deficiency and immediately began inspecting static lines all the way down to the curve pin protector flap.

Static lines can become loose as a jump master runs his or her fingers under them or, if paratroopers are sitting in a C-130, the paratrooper gets stuck in the netted seat, Arnold said. As a second line of defense, riggers are called to inspect the static lines after the jump master to ensure the lines are tight and not caught under the flap, Arnold said.

"Now that we have identified (the deficiency), we put proper measures in place to prevent it from happening again," Arnold said.

Another immediate change was an update by the Advanced Airborne School requiring jump masters to check the universal static lines modified three times. A memo released by the school in June 2014 includes a note in all capital letters: Do not rush the inspection of the universal static line modified in order to make time to exit paratroopers.

The airborne operation on May 30, 2014, was designed to increase jumper proficiency and increase proficiency in airfield clearance missions. The paratroopers were to be dropped onto Holland Drop Zone, practice seizing the airfield, conduct accountability of personnel and equipment, then redeploy to Fort Bragg.

The training mission began at 1 p.m. with the jump master briefing in the 37th Engineer Battalion conference room. Both safeties who worked on the right door -where Schmigel was positioned - missed the briefing, according to the report.

One of the safeties told investigators he missed the briefing because he was on a jump follow-on mission at the time and was back briefed by his commander. The other safety did not offer a reason for missing the briefing, according to the report.

Paratroopers conducted sustained airborne and mock door training at Green Ramp at 4:30 p.m. About two hours later, the paratroopers picked up their parachutes and were inspected by jump masters.

Paratroopers loaded the C-17 about 7:30 p.m. for the scheduled drop at 9:30 p.m., according to the report.

When the paratroopers stepped on the aircraft, the seat configuration didn't match the original plan, so four jumpers switched to be part of the plane's first pass rather than its second.

Schmigel was among those four.

She was initially supposed to be the 20th jumper but was moved to be the 16th jumper.

Photos taken as evidence show that Schmigel's combat equipment was rigged properly, according to the report.

When the appropriate commands were given, jumpers began to exit the aircraft. About halfway through, a gap opened, causing jumpers - including Schmigel - to "rush" the door, according to the report.

Because it was dark, the other jumpers didn't realize at the time that had been a problem.

In just two seconds from the time Schmigel jumped from the C-17, her static line became caught under the main curve pin protector flap, causing a delay in her T-11 parachute's deployment sequence. She became a towed jumper, meaning she was being dragged behind the aircraft.

Jump masters can typically tell if a paratrooper becomes towed based on the position of the static line after the jumper exits the aircraft. The static line should hit the middle of the door. If it hits near the bottom of the door, the paratrooper is likely being towed.

Once a paratrooper is towed, all jumps are ceased as safeties work to pull the jumper back into the aircraft, Arnold said. If that fails, the safeties will alert the Air Force's load master, who informs the pilots so they can move to a higher altitude and adjust their flying pattern to set up a retrieval system to pull the jumper inside the aircraft.

When Schmigel was being towed, her feet were pointing away from the aircraft and the top of her upper body was facing the direction of flight, according to the report. Her weight against the static line would have forced her to be generally facing the ground or rotating slightly to her right or left.

She would have been conscious at this time, according to the report.

About two seconds later, Schmigel became entangled in the suspension lines of the parachute of the 17th jumper.

While she was being towed, Schmigel may have been struck by the pack tray from the 17th jumper, according to the report. That jumper, whose name is redacted in the report, said he or she has no memory of colliding with Schmigel.

The suspension lines from that jumper's rear risers became wrapped across her throat, according to the report. The lines lacerated her neck.

The force pulled Schmigel's head back, causing her to rotate vertically around her center of gravity. As her head was pulled back over her feet, her static line was routed over her right shoulder, according to the report.

The rotation caused her static line to come free of the main curved pin protective flap and deploy as designed.

For a fraction of a second, Schmigel was pulled toward the aircraft by her static line and away from the aircraft by the 17th jumper's suspension lines, according to the report.

Investigators used the blood patterns on Schmigel's clothing and equipment, as well as the suspension lines of the 17th jumper, to determine her laceration was caused by the jumper's suspension lines, not Schmigel's static line.

The force of the suspension lines from the jumper broke Schmigel's neck in three places and dislodged her jaw on both sides, according to the report.

Because there was no blood or abrasions on Schmigel's hands, investigators said the ordeal happened so fast she didn't have time to reach up to yank at the lines caught around her neck.

Once the jumpers landed on the drop zone, two soldiers checked each other for injuries.

"Mainly, 'Are you OK?' 'You good?,' " according to a statement from the soldier. "I was extremely tangled up in my chute and began trying to get everything off."

Simultaneously, the second soldier walked over to Schmigel. That soldier, who is only identified as a male, shook Schmigel's shoulder and noticed the injury to her neck.

He screamed for a medic, according to the report.

"I vigorously tried getting everything off so I could help with whatever was going on," according to the first soldier's statement. "I then saw an unconscious soldier laying on the ground, got close enough to see there was a serious injury on the neck of the soldier."

The second soldier said there was no pulse and it seemed the neck was broken, according to the report.

"I ran to the top of the hill we were close to and began spinning a chem light and was screaming for a medic," said the first soldier.

Schmigel's decision to join the Army surprised her mother, but nonetheless, Karie said she was supportive.

Schmigel was an intelligence analyst with the 37th Engineer Battalion, 2nd Brigade Combat Team, according to officials. She joined the Army in 2010 and had been assigned to 2nd Brigade since June 2011.

Later that year, Schmigel deployed to Iraq with the brigade.

Karie said she didn't know her daughter was in Iraq until she called from the country. Schmigel said she didn't want to worry her mother, so she waited until she arrived safely to share the news of her six-month deployment.

The women would video chat regularly, but it was difficult for Karie.

"I'd see missiles. I'd see huge jets flying over," Karie said. "She'd say, 'Mom, relax.' I'd say, 'I love you, but I gotta go. I don't like this.' "

During her daughter's deployment, Karie mailed numerous care packages filled with treats from home. The beef jerky was usually a greasy mess by the time it arrived in Iraq, but Karie said her daughter enjoyed canned soup and gummy worms. She also sent paper, pens, envelopes and stamps to write home, Karie said.

Two weeks before Schmigel's death, Karie said she debated making the nearly 650-mile drive to Fort Bragg from her home in New York. She wasn't going to make the trip but decided to since she would be able to spend Mother's Day with her daughter.

"We weren't going to go see her," Karie said, remembering the plans. "But she was like, 'Mom, it's Mother's Day. I have time for leave.' "

It was the last time Karie would hold her daughter.

"I'm glad I got to see her," Karie said. "Two weeks later, I lost my daughter."

The next time Karie visited Fort Bragg was for All American Week in May 2015. A group of officers arranged to drive Karie and her family to Holland Drop Zone, where they laid yellow flowers in memory of Schmigel.

"They took us to the drop zone where they said they found her body," Karie said.

During the week, Karie said she met with some of her daughter's friends to share their memories of her. The group went to Schmigel's favorite bar, Cadillac Ranch, to line dance.

Karie danced with the friends but felt an emptiness.

"I think my daughter should have been next to me," she said. "I just miss her."

See also: Paratrooper's death prompts 82nd to implement changes to airborne operations

Previously on The Batavian:

• Former Batavia resident, Iraq War veteran dies during training at Fort Bragg
• Body of fallen Iraq War vet returning home today
• Sgt. Shaina Schmigel receives patriotic escort through Genesee and Orleans counties
• Community honors, family mourns, an 'American Soldier'
• Photos: Patriot Guard delivers portrait of Sgt. Schmigel to her mother

On a cool Friday night under a full moon in Vandetta Stadium the Batavia Blue Devils played against the Edison Tech Inventors.

The final score is a little misleading because even with a 42-point win it failed to show just how dominant undefeated Batavia was in the first half of the game. 

The offensive scoring in the first half was impressive. The Batavia defense also shined with stop after stop and, thanks to an interception, had more offensive yards in the first quarter than Edison Tech.

The second half of the game was a stalemate with Batavia resting many players and giving time and experience to the bench. Pictured left, a game official in a pose those in attendance saw him in for most of the first half. 

 

More pictures http://jimburns.org/p846436851#h598db131

Greg -- 7-13 for 102 yards and three TDs

Ray Leach -- 10 carries 149 yards, three TDs

Malachi -- three receptions for 60 yards and one TD and one INT

Ryan Hogan -- one TD

Andrew Mruczek -- one TD

Terren Lovria -- seven tackles, three for loss

Dom Mogavero -- six tackles

Adonis Davis -- INT

Assemblyman Steve Hawley presents a proclamation today to Jeff Donahue, director of the Holland Land Office Museum, during a rededication ceremony on the 200th anniversary of the founding of the Holland Land Office. 

Dr. Roger Triftshauser, a retired Navy rear admiral and former chairman of the County Legislature, gave the keynote address.

 **If accepted purchase offer occurs resulting from visit at open house by Oct. 10th 2015, seller will give $1000 gift card to store of your choice!!!** Don't miss this Open House on Saturday the 26Th from 11am-1pm at 218 Liberty Street, Batavia. Listed at $85,900. Solid and perfectly maintained 3 bedroom home in picture perfect condition with nothing to do! Everything updated and upgraded, from pretty hardwood laminate to pretty and plush carpeting throughout and all rooms freshly painted. Home features a fully remodeled kitchen with all new stainless appliances. Back mudroom leading to bright and airy first floor laundry! Great front enclosed porch to enjoy the nights and large back yard with patio for cooking out.  For all the extras or the person looking for a LARGE GARAGE this one is 2 plus and extra deep, plenty of room and then some! Don't pass this one by! Call Lynn Bezon at Reliant Real Estate today or visit us online by clicking here.

Toni M. Drake, 34, of Vine Street, Batavia was arrested on Sept. 21 at 7:18 p.m. and charged with allowing her dog to habitually bark for more than a half hour.

Drake is to be arraigned in City Court at 1 p.m. on Tuesday.

According to the Batavia PD report, her arrest came after she allegedly left her dog chained to a tree in the back yard unattended, allowing it to bark continuously for more than 30 minutes.

"Drake had been warned in the past not to allow her dog to bark continuously," says the report written by Sgt. Eric Bolles and released today.

Monta H. Little is indicted for the crime of criminal possession of a forged instrument in the second degree, a Class D felony. On April 3, in the Town of Batavia, Little allegedly knowingly used a Visa credit card that was not hers, thus intending to defraud, deceived or injure another. In 21 additional counts, Little is accused of the same crime, using various credit and debit cards of the same victim.

Nelson Grant Jr. is indicted for the crime of criminal possession of a forged instrument in the second degree, a Class D felony. On April 3, in the Town of Batavia, Grant allegedly knowingly used a MasterCard debit card that was not his, thus intending to defraud, deceive or injure another. In nine additional counts, the defendant is accused of the same crime using various credit cards.

Robert T. Assing Jr. is indicted for the crime of criminal possession of a forged instrument in the second degree, a Class D felony. On April 3, in the Town of Batavia, Assing allegedly knowlingly used a Visa debit card that was not his, thus intending to defraud, deceive or injure another. In six additional counts, he is accused of the same crime while using a different debit card in each instance.

Terrance L. Falk is indicted for the crime of criminal mischief in the third degree, a Class E felony. On Dec. 29, 2014, Falk allegedly intentionally damaged the property of another person in an amount exceeding $250, when he had no right to do so nor any reasonable grounds to believe he had such a right. It was a glass window on a door on West Main Street in the Village of Le Roy.

The Batavia Coaches Association hosts the 14th annual Batavia Blue Devil Athletic Hall of Fame Dinner tomorrow Terry Hills Restaurant and Banquet Facility.

Cost is $30 per person. Social hour begins at 5 p.m., followed by dinner at 6.

Tickets are available at the Athletic Director's Office at Batavia High School. For more information, call 343-2480, ext. 2003.

Below, reproductions of the plaques to be presented and hung at the school.

Paul Joseph Zicari, 59, of Candy Lane, Rochester, is charged with: aggravated unlicensed operation, 2nd; operating a motor vehicle without a license; disposing of refuse on a highway; and driving a vehicle with broken glass. Zicari was stopped at 4:51 p.m. Thursday on Route 77, Pembroke, by Deputy Joseph Corona. He was jailed on $1,000 bail.

Jaylyn Shayquawn Strong, 20, of Porter Avenue, Batavia, is charged with: unlawful possession of marijuana; display of forged certificate without inspection; operation of uninspected motor vehicle; operation by unlicensed driver; unsafe turn. Strong was stopped at 8:40 p.m. Monday on East Main Street by Deputy Joseph Corona. Also charged with unlawful possession of marijuana was Labue Dean Jonathan Wimbush, 24, of Cherry Street, Batavia.

City fire is on scene of a smoke-in-the-residence call at 634 E. Main St., Batavia.

A Mercy ambulance is requested to the scene to evaluate a person with possible smoke inhalation.

UPDATE 7:26 p.m.: A second ambulance is on scene. Engine 15 is going back in service.

A retired Batavia police officer is in critical but stable condition in a hospital in Homer after being involved in a motorcycle accident.

Dennis Rider, 62, was reportedly trying to pass a dump truck that was making a left-hand turn on Route 90 when it wrecked.

The accident occurred Monday afternoon.

(Source: CNYCentral.com)

    Jenea Macleod

Jenea M. Macleod, 31, of Akron, is charged with petit larceny, harassment, 2nd, two counts of criminal possession of a controlled substance, two counts of criminal use of drug paraphernalia and controlled substance not in original container. Macleod was arrested by State Police after a shoplifting complaint at the Shoe Dept. Store in Batavia. Macleod is accused of stealing a $90 pair of boots. When Macleod attempted to leave the store, she allegedly struck an employee. Once stopped, a trooper allegedly observed in plain view on the floorboard some unused needles. Upon further investigation, she was allegedly found in possession of four 10 mg. oxycodone pills, a plastic baggie containing .4 grams of heroin, bath salts, a green scale and 20 small pink plastic baggies. She was jailed on $3,000 bail.

Alexander D. Koloko, 19, of Burlington, Ontario, Canada, is charged with petit larceny. Koloko allegedly stole a pack of $0.97 cigars from a local store.

Kasey Jame Wagner, 33, of Fletcher Chapel Road, Shelby, is charged with possession of a hypodermic instrument, criminal impersonation, 2nd, aggravated unlicensed operation, 3rd, and speeding. Wagner was stopped at 1:11 a.m. Wednesday on Clinton Street Road, Stafford, by Deputy Joseph Corona.

Ronald Joseph Riley, 37, of South Avenue, Medina, is charged with unlawful possession of marijuana and speeding. Riley was stopped at 4:61 p.m. Wednesday on Route 77, Alabama, by Deputy Joseph Corona.

Joel Lawrence Curts, 31, of East Main Road, Le Roy, is charged with abandonment of animal and aggravated unlicensed operation. Curts is accused of abandoning a cat by the side of the road in the Linwood Road area of Le Roy. A witness called in a complaint, leading to the arrest of Curts. The case was investigated by deputies Chad Cummings and Michael Lute.

A 17-year-old resident of South Street, Le Roy, is charged with harassment, 2nd. The youth is accused of striking another person following a verbal argument.

Eric Lee Jamalkowski, 31, of Maple Center Road, Hilton, is charged with aggravated unlicensed operation, 1st, and bail jumping, 2nd. Jamalkowski was being held in the Monroe County Jail on unrelated charges and was turned over to the Genesee County Sheriff's Office on a warrant. He was jailed on $10,000 bail.

Morgan Lee Cox, 47, of Scribner Road, Pembroke, is charged with criminal obstruction of breathing or blood circulation and harassment, 2nd. Cox allegedly grabbed a woman around her neck and obstructed her breathing. He also allegedly punched and kicked her.

A convoy of fire trucks and police cars has converged at United Memorial Medical Center in the aftermath of the death of a Bergen ambulance volunteer crew member who died this morning in a head-on collision with a backhoe in Riga. The man, whose identity has not been released, was part of a three-member team responding to a mutual aid request for emergency medical aid.

Batavia police and fire and Sheriff's deputies will lead the convoy of Bergen fire trucks to the county line as it escorts the body of their fallen comrade to the Monroe County Medical Examiner's Office.

UPDATE 11:47 a.m.: Photos of the escort. An H.E. Turner van transported the deceased to Monroe County.

UPDATE 12:32 p.m.: The Batavian's news partner, 13WHAM has confirmed through sources in Monroe County that the deceased is Barry Miller, who was not only a multi-decade volunteer with the Bergen department and chief of EMS, but a county coroner. Below are photos from 13WHAM of the procession passing through the Rochester area.

UPDATE 1:24 p.m.: 

A video report from 13WHAM:

UPDATE 3 p.m.:  News release from the Monroe County Sheriff's Office:

Around 7:30 this morning deputies responded to a crash between an ambulance and a backhoe on Bovee Road, just west of Brew Road, in the Town of Riga.

On arrival deputies found a Bergen Fire Department ambulance with severe front-end damage and a Town of Riga Caterpillar backhoe in front of the ambulance. The driver of the ambulance, Zackery W. Czudak, DOB 1985, of Bergen, said they had been dispatched to a Johnson Road, Riga, residence for a medical call. While traveling east on Bovee Road he struck a backhoe which was also travelling east. Czudak said he had reduced his speed because of sun glare and patches of fog in the area.

The front passenger, EMT Barry G. Miller, DOB 1965, of Bergen, was transported to United Memorial Medical Center in Batavia where he was pronounced dead. EMT Gina B. Bliss, DOB 1963, of Bergen, who was in the rear cabin of the ambulance, was transported to the hospital with minor injuries. Zackery W. Czudak was not injured but transported to the hospital as a precaution. The driver of the backhoe was not injured.

UPDATE 4:55 p.m.: There will be a candlelight vigil in memory and honor of EMT Barry Miller tonight at 8 at the Bergen Fire Department, 10 Hunter St., in Bergen.

Deputies Michael Lute and Chad Cummings.

The two deputies who put themselves in harm's way to crawl down 300 feet of dark, damp, mud-filled corrugated metal to pull Wayne Rinker to safety on Friday hope the shoplifting suspect sees the video of his rescue, sees himself dropping like a gelatinous blob to the asphalt of the Batavia Towne Center parking lot, shivering in a fetal position, covered from head-to-toe in slime, and that in seeing himself so close to death, that it makes a difference in his life.

"I hope he decides to make a change," said Deputy Michael Lute.

Lute and Deputy Chad Cummings volunteered to rescue Rinker after it seemed pretty certain he was still in the storm drain, nearly five hours after he ran from a loss prevention officer at Kmart where he allegedly helped an accomplice steal Legos. The two men have been charged with petit larceny and conspiracy and additional charges are still pending.

Rinker's companion, 21-year-old Michael Delvalle, had already told Lute during a post-arrest interview that Rinker probably shot up heroin earlier, so when it came time to go into the hole, Lute knew he was volunteering for duty to find a guy who might have needles on him, might be uncooperative in a confined space, or could be in mortal danger.

He also knew he would be going down in the hole with the backing of a group of professionals in his department, State Police and Town of Batavia fire, as well as a man in Chad Cummings whom he considers one of the finest officers in the department.

"I knew I had the best backup in the world right behind me," Lute said.

For Cummings, crawling toward the unknown in darkened tunnels, that's just one of the things he does.

Tracking down a suspected criminal in a storm drain is comparable to looking for enemy combatants or their weapons hidden in the undergound passageways of Iraq, which is what he did during the war.

"I used some of that experience I had, and knowing we had the resources from here and from the other departments, from the camera and the robot, that I felt safe going down," Cummings said.

Confined spaces can easily fill with dangerous and noxious gases as well as provide an unexpected drop in oxygen supply, but the fire department strapped monitors to Cummings to keep tabs on the breathable air.

The two men moved slowly through the ooze, Cummings said. It would have been a lot harder on their hands and knees getting through the rippled pipe if not the bit of cushion two or three inches of mud provided.

At first, they weren't even sure the lump in the middle of the tunnel was Rinker. It even crossed the mind of Cummings that it could be some homeless guy who crawled into the drain at another time, and Lute thought of a racoon's nest.

Or Rinker could be playing possum.

"Once Deputy Lute started to see an object in the tunnel, we kind of stopped, assessed and we were giving information back to the outside, letting them know that we did see the suspect," Cumming said. "Then Deputy Lute and I approached cautiously, and once we were there, Deputy Lute was trying to communicate with him. The suspect wasn't communicating back. At that point, we knew we had to pull him out."

There was a moment where Lute and Cummings didn't think Rinker was even breathing, but then Lute caught the slight movement of Rinker's chest heaving under the light of his helmet and they knew he was still alive, though obviously in bad shape.

"Once we realized he was hypothermic and on the verge of dying, we knew we had to get a harness around this guy and drag him out, so we just went to work and got it done," Lute said.

Both Lute and Cummings are fairly new to the Sheriff's Office. Cummings, originally from Massachusetts and married to a Batavia girl, joined a year ago after 13 years in the Army and six as a corrections officer at the Federal Detention Facility in Batavia. Lute pinned on his star-shaped shield for the first time in January. He's originally from Niagara County and spent more than two years working part time for both the Akron and Corfu police departments.

Though they're new guys, they volunteered to crawl into the storm drain. This wasn't a case of dirty, undesirable duty just rolling down hill.

For the first several hours of the operation, authorities couldn't even be sure Rinker was in the storm-drain system. It was only after surveillance video from Kohl's was finally made available and a camera-equipped robot had been in the tunnels that Sheriff's personnel felt certain Rinker was still in that dank space.

"We knew he was down there and we were going to have to go in and find him because if he was unconscious, hurt, we weren't sure what the drugs, what kind of effect it had on him after a big adrenaline rush to now laying down in the cold, wet mud, so we couldn't just leave the scene without clearing and verifying that he is no longer down there," Cummings said.

At some point, the operation ceased to be purely a law enforcement mission for the deputies. There was a human being down there who probably needed their help.

"Once we rescued him out of the tunnel," Cummings said, "then we can pursue and follow up with the charges, but at that point it just became more of a rescue operation vs. we were just looking for a suspect. We knew there was a person down there who needed help. Obviously, he wasn't responding to us to help himself to come out. He was determined to stay down there, and at some point, I believe he didn't have the option of moving to get himself out."

That tunnel was a miserable place to be, Lute said.

"Dark and dingy and cold and wet," Lute said. "Not a nice place to be for anyone, I don't care who you are."

When Lute later walked into Rinker's room at UMMC, the trooper guarding him told Rinker, "this is the guy."

"He looked at me," Lute said, "and he said, 'Thanks, man. Thanks for saving my life.' "

Previously:

• Police looking for fleeing subject near Office Max, Batavia Downs
• Man pulled from storm drain told authorities he used heroin prior to arrest

I took Rocky out for a nightime walk and came across Alex Asselin and Brian Wowk having a catch on Jackson Street.

"Can you even see the ball?" I asked.

"Oh, yeah," Brian said.

Alex asked if I had ever seen them out before. Only during the day, I replied.

"We're out here nearly every night," he said.

The two young men are freshmen at GCC and part of the baseball program. Asselin is a third baseman and catcher from Gatineau, Quebec, Canada, and Wowk is a shortstop and second baseman from Toronto.

The night catches have "definitely helped my eye-hand coordination," Asselin said.

Alex Asselin

Brian Wowk

Lt. Gov. Kathy Hochul visited Batavia's Farmer's Market at Batavia Downs today and purchased some fresh produce following a short chat with Dean Norton, president of the New York Farm Bureau.

Earlier, Hochul visited the Holland Land Office Museum to help draw attention to this weekend's celebration of the 200th anniversary of the Holland Land Office. There is a rededication ceremony planned for 11 a.m., Saturday.

A Sheriff's deputy thought he spotted a warrant suspect along the bank of the Tonawanda Creek behind the old water plant this afternoon, and because this individual is considered a flight risk, multiple patrol units responded to assist in the suspect's apprehension.

On scene were patrols from the Sheriff's Office, State Police and Batavia PD.

"With him being on the creek bank, he's got multiple options of which way to go, so we tried to get some people in the area in case he took off on us," said Sgt. Dan Coffey, Batavia PD.

It turned out the person the deputy spotted wasn't the suspect. It was his brother.

With that man were two other individuals. They had tucked themselves away in a wooded area.  

When patrols responded the three individuals were found in possession of a substance that is being sent to the crime lab for analysis. They were also allegedly in possession of needles; they are being charged with criminal possession of a hypodermic instrument, Coffey said. 

Additional charges may be pending, depending on the outcome of the lab tests.

The names of the three men arrested will likely be released later today.

The original warrant suspect has not yet been located.

Brandon Maldonado

The Batavia man accused of scalding his girlfriend's dog with boiling hot water would not admit in court today to the crime, but he did plead guilty to a cruelty to animal charge.

Brandon Maldonado, 26, entered his plea under what's known as an Alford basis.

That means he doesn't admit to actually committing the crime, but recognizes that a jury would most likely weigh the facts of the case and find him guilty.

The Class E felony, under New York's agriculture and markets law, carries a maximum prison term of two years. The plea deal caps Maldonado's sentence at 18 months.

Maldonado and his girlfriend, Melissa Broadbent, were arrested a month ago.

According to statements provided by police from Broadbent's daughters, a month before that, Maldonado poured boiling water in a cup and then dumped it on the family's dog, Rocky.

Broadbent is accused of assisting Maldonado in trying to cover up the crime. Her case is still pending.

Once police became aware of the abuse of Rocky, the dog was taken to State Street Animal Hospital. Veterinarian Fran Woodworth reported that Rocky suffered serious burns and had been in significant pain. He will have some scars for the rest of his life.

Within days of her arrest, Broadbent appeared in City Court and willingly surrendered ownership of Rocky, who was staying at the county's animal shelter. More than a week ago, Rocky was adopted by a local resident.

Maldonado's bail of $10,000 cash or $20,000 bond was continued pending his sentencing in two weeks; however, he is also being held on no bail pending a parole violation review.

Previously:

• Rocky report
• Rocky has a new home -- ours
• Owner of scalded dog surrenders ownership during court appearance
• Dog burned by hot water in good spirits at Animal Shelter
• Batavia couple jailed without bail after young pit bull scalded with water

Sometime around 5 p.m., a person walked into Plaza Spirits and started talking with the clerk. Somehow, the man distracted the clerk and when the clerk wasn't looking, the man reached into the cash drawer and grabbed money.

He then ran out of the store, located at 563 E. Main St. in Eastown Plaza.

It's not known how much cash was taken.

The suspect is described as a heavy-set black male. 

A detective responded and processed the crime scene.

No further information is available at this time.