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Bethany

Serious injury accident involving ambulance on Ellicott Street Road, Bethany

By Howard B. Owens

A serious injury accident involving a car and an ambulance is reported in the area of 5566 Ellicott Street Road, Bethany.

Bethany fire, Stafford fire, and Mercy EMS dispatched.

UPDATE 1:30 a.m.: Route 63 is closed between Bethany Center Road and Paul Road. It will likely remain closed for a couple of more hours. 

UPDATE 3:35 a.m.: We can now confirm this is a fatal accident. The victim was the driver of a sedan, heading northbound on Route 63, that crossed the center line in heavy rain and struck a southbound Bethany Volunteer Fire Department ambulance. The driver of the sedan was pronounced dead at the scene by Coronor Don Coleman. The ambulance was returning to the Bethany Fire Hall after responding to an earlier call and was not carrying a patient. A three-person crew was aboard the ambulance. All three were taken to UMMC for evaluation of non-serious injuries. The accident remains under investigation by the Sheriff's Crash Management Team. The Sheriff's Office will release the name of the victim later this morning. We are withholding publication of photos from the scene until after the name is released.

Shed fire reported on Route 20, Bethany

By Howard B. Owens

A shed fire is reported at 5222 Broadway, Bethany.

Bethany fire dispatched.

Mutual aid requested from Pavilion, Le Roy, Town of Batavia, and City Fire's FAST Team.

Rollover accident reported on Creek Road, Bethany

By Billie Owens

A one-vehicle rollover accident is reported at 9647 Creek  Road, between Putnam and Old Creek roads, Bethany. A first responder on scene says the 34-year-old male driver is out of the vehicle, which landed off the roadway in a cornfield.

He is standing up because he says "it hurts too much to lay down." He is complaining of right shoulder pain. Bethany Fire Department and fire police are responding; Mercy medics just arrived.

Ten firefighters from six local departments complete basic rope rescue course

By Billie Owens

Press release from the Genesee County Office of Emergency Management:

Ten area firefighers from six fire departments successfully completed the Rope Rescue Basic course held at the Genesee County Fire Training Center on Sept. 17.

This 24-hour course prepares students for a wide variety of possible rescue scenarios.

Specialized rescue, search, technical rescue management, risk and priorities, use of ropes, knots and rope systems in a low angle environment as well as establishment of landing zones for helicopter operations were addressed. The program involved demonstrations as well as practice sessions.  

Congratulations to the following personnel:

City of Batavia FD

  • Stefano Napolitano

Town of Batavia FD

  • Joshua K. Boyle
  • Clayton A. Gorski

Bethany FD

  • Richard J. Klunder III

Corfu FD

  • Glenn J. Eck
  • Daniel Smith
  • Jacob D. Stiles

Elba FD

  • Michael Pfendler

Stafford FD

  • Dean A. Brooks
  • Randal J. Henning

Visit your local fire department to find out more about volunteer opportunities.

Residents in Bethany given info on new public water district

By Howard B. Owens

The decision on creating a new water district for public water in Bethany is really up to residents of the proposed district, Eric Wies told about 300 people at a meeting at Bethany Town Hall on Monday evening.

Wies is a senior associate with Clark Patterson, the consultant on the proposed project.

The Town of Bethany has created prior water districts but this would be the largest one, as District #5, so far, with 28 miles of pipe installed to deliver water to the equivalent of 500 water customers.

The estimated total cost of the project is more than $13 million. The direct cost to residents in the proposed district can be reduced if the USDA determines the median income in the district is low enough, which would enable the district to qualify for a low-interest loan and about a $2 million grant.

Breaking down the cost per water customer, Weis said the calculation begins with determining an "equivalent dwelling unit" (EDU). An EDU is one household with one family. There is a usage formula to determine costs for commercial users.

Multi-family units are calculated based on one EDU for the first family and a half an EDU for each additional family.

There are approximately 500 EDUs in the proposed district.

Customers who hook into the public water will pay a quarterly fee to the Monroe County Water Authority, plus their share of the debt for installation of the infrastructure.

The most optimistic calculation is $1,000 per EDU per year. The most conservative estimate, Wies said, is a bit more than $1,100 per year.

A typical EDU in Genesee County uses 63,000 gallons of water a year. The current Monroe rate is $2.43 per gallon, plus a base charge of 21 cents per gallon. There is a Genesee County surcharge of 60 cents per gallon but the rate will go up to $1.20 per gallon.

At those rates, the average EDU will pay to MCWA a total of $386.34 per year. (NOTE: See clarification below)

"You've really got to do the math and your own evaluation," Weis said.

Only those residents and businesses that connect to public water will pay for water.

But all property owners in the district will be in debt necessary to build the infrastructure.

Currently, residents in the proposed district are being asked to complete an income survey. If the district qualifies as low income, the USDA will provide the district with a low-interest loan and a $2 million grant. Genesee County will also pay $4.5 million of the cost.

The balance of the $13 million cost will need to be financed.

The estimated debt service under this scenario is $519,910.

The loan would take 30 years to pay off but the responsibility for repayment is attached to the property not the property owner.

Each EDU's share of the annual debt payment would be $631.87.

These numbers are just estimates and if the USDA doesn't provide a low-interest loan and grant, the costs would go up slightly.

Given the topography of the district, the infrastructure requirements include two water storage tanks and two pumps.

Residents with well water would either need to cap off those wells or install a backflow system to block backflow of well water into the public water lines. The cost of backflow blocks and connection to the public water line are the responsibility of the property owner.

UPDATE: After comments about the rate calculation, we contacted Eric Wies and asked him for clarification.  Here is what he provided:

MCWA

  • $0.21 per day x 365 days = $76.65
  • $3.43 per 1,000 gallons x 63,000 gallons = $216.09

Genesee County

  • $1.20 per 1,000 gallons x 63,000 gallons = $75.60

Total Annual Water Cost = $368.34

Photo: Sunset in Bethany

By Howard B. Owens

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The sky was beautiful yesterday evening in Genesee County. I was in Bethany but without my camera. I ran into Patrick Reynolds who was out with his Nikon taking pictures so I asked him to send us something.

Reconstructed Bethany Center Bridge now open to traffic

By Howard B. Owens

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A dispatcher just notified the Bethany Volunteer Fire Department that the Bethany Center Bridge has reopened.

The old bridge was built in the 1930s and in recent years had eroded into a crumbling, rusting eyesore. It was replaced this summer with a new $1.4 million span by the Department of Transportation.

Photo: From Aug. 17, when a construction foreman told The Batavian work would be completed by the first week of September.

Photos: Work continues on new bridge over Route 20 in Bethany

By Howard B. Owens

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These are pictures from this morning of the ongoing work on the new Bethany Center Road Bridge over Route 20 in Bethany.

A foreman said the work is on schedule and they expect the bridge to be ready for traffic the first week of September.

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Law and Order: Driver charged with DWI after accident on Lewiston Road

By Howard B. Owens

Antonio Diego Dames, 42, of Knowlesville Road, Oakfield, is charged with: DWI; driving with a BAC of .18 or greater; aggravated unlicensed operation, 1st; driving without an interlock device; and moving from lane unsafely. Dames was arrested following an investigation by Deputy Travis DeMuth into a one-car accident reported at 4:28 p.m. Thursday on Lewiston Road in Alabama.

Yahaira Ann-Marie Brown-Diaz, 19, of Bethany Center Road, Bethany, is charged with driving while ability impaired by drugs, unlawful possession of marijuana, and speeding. Brown-Diaz was stopped at 8:28 a.m. Friday on Maple Avenue, Bergen, by Deputy Ryan DeLong. Brown-Diaz was transported to the Sheriff's Office where she was evaluated by a Drug Recognition Expert.

Genna Lynn Miller, 33, of Center Street, East Aurora, is charged with DWI, driving with a BAC of .18 or greater, failure to comply with traffic control officer, and failure to keep right. Miller was stopped at 12:16 a.m. Saturday on Alleghany Road, Darien, by Deputy Patrick Reeves after her vehicle's mirror allegedly struck a traffic control officer in the arm.

Matthew Paul Sunseri, 33, of Harlem Road, Rochester, is charged with DWI and driving with a BAC of .08 or greater. Sunseri was charged following an investigation by Deputy Mathew Clor into a disturbance reported at 10:50 p.m. Sunday in the parking lot of Darien Lake Theme Park.

A 17-year-old resident of Buffalo is charged with unlawful possession of marijuana. The youth was allegedly found in possession of marijuana by State Police in the Village of Corfu at 11:05 a.m. on Aug. 5.

Walter B. Hale, 65, of Oakfield, is charged with: felony DWI; felony driving with a BAC of .08 or greater; failure to keep right; and moving from lane unsafely. Hale was stopped by State Police at 1:40 a.m. Sunday on Route 98 in Elba.

Casandra E. Holloway, 25, of Newfane, is charged with: DWI; driving with a BAC of .08 or greater; no headlights; failure to keep right; moving from lane unsafely and drinking alcohol in a motor vehicle. Holloway was stopped by State Police at 11:01 p.m. Friday on Colby Road, Darien.

Scott P. Rammacher, 42, of Lockport, is charged with DWI and impeding traffic. Rammacher was stopped by State Police at 6:35 p.m. Thursday on Route 77, Darien, for allegedly driving too slow.

Christian A. Dangelo, 28, of Rochester, is charged with unlawful possession of marijuana. Dangelo was stopped by State Police at 9:44 p.m. Thursday on Route 33, Bergen.

Kyle J. Howard, 29, of Basom, is charged with criminal trespass. Howard was arrested by State Police for an alleged incident reported at 1:30 p.m., Aug. 6.  No further details released.

Speed possible factor in accident on Fargo Road on Thursday

By Howard B. Owens

Speed may have been a factor in an accident at 2:08 p.m. Thursday, on Fargo Road, Bethany, according to an accident report released by the Sheriff's Office.

Ronald J. Maniace Jr., 24, the driver, suffered minor injuries and was transported to UMMC for evaluation.

No citations have been issued. The cause of the accident is still under investigation.

According to the report, Maniace was driving a 2007 Chevy sedan southbound on Fargo Road. He was unable to negotiate a curve in the roadway, perhaps due to speed, and the sedan went off the west shoulder. Maniace apparently overcorrected and steered into the northbound lane. As he attempted to move back into the southbound lane he lost control of the vehicle and he went off the south shoulder and struck a tree.

The accident report was prepared by Sgt. Andrew Hale.

Accident reported on Fargo Road, Bethany

By Howard B. Owens

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A car vs. tree accident is reported in the area of 9509 Fargo Road, Bethany.

Unknown injuries.

Bethany fire and Stafford and Mercy EMS dispatched.

UPDATE 4:15 p.m.: Units can respond non-emergency.

UPDATE 4:58 p.m.: The Fargo Road assignment is back in service. One person transported to UMMC.

Photos by Timothy Chugg.

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Law and Order: Man accused of attempting to pierce ear of child with hole punch

By Howard B. Owens

Jeffery David Torrey, 46, of McKenzie Street, Bergen, is charged with endangering the welfare of a child. Torrey is accused of attempting to use a hole punch to pierce the ear of a child at a residence on Ross Street, Batavia, at 7:30 p.m. July 5.

Kelvin B. Murphy, 45, of Batavia, is charged with DWI. Murphy was stopped at 2:18 a.m. Sunday on Route 98 in Batavia by State Police. He allegedly failed a field sobriety test and recorded a .10 BAC.

Temple Aubrielle Jacobs, 38, of Michigan Avenue, Buffalo, is charged with DWI, driving with a BAC of .08 or greater, driving without an inspection certificate, failure to keep right, and unsafe tires. Jacobs was stopped at 5:40 a.m. Sunday on Route 20, Bethany, by Deputy Eric Andre.

Shawn Joseph Scheg, 50, of Warboys Road, Byron, is charged with driving while ability impaired, aggravated unlicensed operation, failure to signal, misuse of dealer plate, no interlock device. Scheg was stopped at 1:55 a.m. Wednesday on Route 33, Stafford, by Deputy James Stack.

Kevin Watson, 58, of West Main Street, Batavia, was arrested on a warrant for petit larceny. Watson was turned over to Batavia PD after being released by the Monroe County Jail on an unrelated charged. He was jailed on $1,000 bail.

Dina Mercado, 37, of Old Falls Boulevard, North Tonawanda, was arrested on a warrant for alleged failure to appear on traffic tickets from January 2017. She was jailed on $500 bail.

Jason R. Duffina, 41, of Porter Avenue, Batavia, is charged with petit larceny. Duffina is accused of shoplifting at Tops Friendly Market.

Kevin Wayne Howard, 18, of Bank Street, Batavia, is charged with DWAI, unsafe tires, unlicensed operator, and failure to obey traffic control device. Howard was stopped at 8:20 a.m. Thursday on Main Street, Batavia, by Sgt. Daniel Coffey.

John Joseph Caez-Gonzalez, 31, no permanent address, is charged with criminal contempt, 1st, aggravated family offense, and criminal possession of a controlled substance, 7th. Caez-Gonzalez is accused of violating a stay away order. At the time of his arrest, he was allegedly found in possession of heroin. He was jailed without bail.

Anthony K. Wolcott, 32, of Willow Street, Batavia, was arrested on a warrant for alleged failure to appear on a traffic charge.

James Haynes, 31, of Taylor Terrace, Chester, Pa., was arrested on two warrants after being extradited from Pennsylvania. The underlying charges of the warrants were not released. He was ordered held without bail.

Cynthia D. Gause, 47, of Eaton Street, Buffalo, is charged with DWI. Grause was arrested at a location on Bank Street after police received a complaint about an employee arriving at work intoxicated.

Joseph D. Berry, 32, of Bank Street, Batavia, is charged with assault, 3rd.  Berry is accused of assaulting an employee of a business on West Main Street, Batavia, at 4:04 p.m. Sunday.

Accident with minor injury on East Road, Bethany

By Howard B. Owens

An accident with at least one minor neck injury is reported at 10033 East Road, by Holland Hi-Lift, in Bethany.

Bethany fire, Stafford fire, and Mercy EMS dispatched.

Law and Order: Elba man charged with rape of young teen

By Howard B. Owens

Jason F. Cole, 44, of Quaker Hill Road, Elba, is charged with rape (intercourse by forcible compulsion), second-degree rape, second-degree criminal sexual act, and second-degree strangulation. Cole is accused of engaging in sexual intercourse and oral intercourse with a person less than 15 years old on numerous occasions. He was jailed on $50,000 bail. The investigation was conducted by Investigator Joseph Loftus and Deputy Howard Carlson.

Joseph Michael Tornabene, 26, of Dellinger Avenue, Batavia, is charged with criminal contempt, 2nd, and criminal mischief, 4th. Tornabene is accused of violation of a no-offensive conduct order of protection. He was allegedly involved in an incident where he damaged property in the presence of the protected person. He was jailed on $2,500 bail.

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The arrest of White and Wozniak by Batavia PD officers Klimjack and Catherine Mucha on Friday. (Photo by Howard Owens.)

Keith R. White, 46, of Oliver Street, North Tonawanda, and Jeffery P. Wozniak, 49, of 79th Street, Niagara Falls, are charged with petit larceny, conspiracy, 6th, and criminal possession of stolen property, 5th. White and Wozniak are accused of stealing $985.27 in merchandise from Tops Friendly Market at 11:54 a.m. Friday, including steaks, lobster, shrimp, a roast, and several household items. They are also accused of stealing merchandise from Walmart in Batavia. Both suspects were issued appearance tickets. The case was investigated by Officer Catherine Mucha and Officer Frank Klimjack. White is also charged with third-degree burglary and fourth-degree grand larceny. White was arrested by Deputy Travis DeMuth in connection with the alleged Walmart theft. On that charged, he was arraigned and ordered held without bail. (see previous)

Juaquin Enriquo Davis, 23, of Milton Street, Rochester, is charged with violating an order of protection, obstruction of governmental administration, and resisting arrest. Davis was arrested following an investigation into a dispute reported at 12:25 a.m. Thursday on Thomas Avenue, Batavia, by Officer Peter Flanagan. He was jailed on $5,000 bail or $10,000 bond.

Treyvaun T. Filbert, 23, of Walnut Street, Batavia, is charged with DWI, driving with a BAC of .08 or greater, and following too closely. Filbert was stopped at 1:05 p.m. June 29 on West Main Street, Batavia, by Officer Matthew Wojtaszczyk.

Nicole L. Matia, 43, of Liberty Street, Batavia, is charged with trespass. Matia allegedly entered a neighbor's home and refused to leave when asked.

Bleyke Z. Culver, 21, of Batavia, is charged with criminal contempt, 2nd. Culver allegedly violated a stay away order of protection during a disturbance on Maple Street at 9:34 p.m. on July 5.

Ronnie Joe Flinchum, 59, of East Main Street, Batavia, is charged with assault, 3rd. Flinchum was allegedly involved in an incident at his residence on East Main Street at 3:45 a.m. on July 1. He was ordered held on $1,000 bail.

Pavel V. Yefremenko, 30, of Walnut Street, Batavia, is charged with criminal mischief, 4th. Yefremenko allegedly damaged property belonging to a woman he knew at 7:47 a.m. on July 4.

Erica M. Raphael, 33, of Pratt Road, Batavia, is charged trespass. Raphael allegedly entered a local business on East Main Street, Batavia, after being previously banned.

Sath Paul Dhanda, 38, of Clapsaddle Road, Bethany, is charged with criminal trespass and endangering the welfare of a child. Dhanda allegedly entered the residence of a person he did not know on Swan Street at 6:08 p.m. on July 2. He was jailed on $5,000 bail. Dhanda is also charged with second-degree harassment for allegedly spitting on another person at 7:24 p.m., July 2.

Iszon C. Richardson, 18, of Lewis Place, Batavia, is charged with harassment, 2nd. Richardson was arrested on a warrant by members of the Local Drug Task Force and jailed without bail. 

Michael Alan Shetler, 28, of Judge Road, Oakfield, is charged with criminal contempt, 2nd. Shetler allegedly violated a stay away order of protection at 10:41 p.m. Sunday in Oakfield. He was jailed on $2,500 bail.

Kelly Patrick DiMatteo, 34, of Byron Holley Road, Byron, is charged with felony DWI, refusal to take a breath test, failure to keep right, and moving from lane unsafely. DiMatteo was reportedly involved in a single-vehicle accident on Lyman Road, Byron, at 8:14 p.m. on July 4. He was jailed on $10,000 bail or $20,000 bond. The accident was investigated by Deputy Andrew Mullen.

Ronald G. Metz, 69, of Lewis Avenue, Batavia, is charged with DWI, driving with a BAC of .08 or greater, failure to signal, and failure to keep right. Metz was arrested following a complaint of an erratic driver at 4:51 p.m., June 29, by Investigator Christopher Parker.

Becky L. Frens, 56, of Batavia, is charged with torture to an animal (not feeding). Frens was arrested by State Police in relation to an incident reported at 3 p.m., Tuesday, in the Town of Batavia. Frens was issued an appearance ticket. No further details released.

Frank R. Cratsenberg, 57, of Akron, is charged with trespass and petit larceny. Cratsenberg was arrested in connection with an incident reported at 3:26 p.m., June 11, in the Town of Alabama. He was arraigned and ordered held in jail. He was arrested by State Police. No further details released.

Ryan Bartholomew, 24, of Batavia, is charged with unlawful possession of marijuana. Bartholomew was stopped by State Police at 10:25 p.m. Sunday by State Police at the Batavia Thruway interchange.

Black bear spotted in Bethany

By Howard B. Owens

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The Genesee County Sheriff's Office reports that at 2:45 p.m. a black bear was spotted in the area of Putnam Road and Francis Road, Bethany.

Last week a bear was reported around the Village of Attica.

UPDATE 4:52 p.m.: Photo of the bear provided by the Sheriff's Office.

Law and Order: Man reportedly found lying in roadway at 3 a.m. charged with DWAI

By Howard B. Owens

Joshua David Sumeriski, 33, of Buffalo Street, Alexander, is charged with driving while ability impaired by drugs, uninspected motor vehicle, driver's view obstructed, and disorderly conduct. Sumeriski was charged after Deputy Mathew Clor responded at 3:21 a.m. Thursday to Transit Road, Bethany, to investigate a complaint of a man lying in the roadway.

Carrie A. Poray, 40, of Oatka Trail, Le Roy, was arrested on a warrant for alleged failure to appear. Poray was located by the Monroe County Sheriff's Office and taken into custody for failure to appear on two traffic tickets in City Court. Poray was ordered to pay a fine before her next court appearance and released.

Jordan S. Thomas, 19, of East Avenue, Batavia, was arrested on a warrant. Thomas is accused of failing to comply with conditions of supervised release. Thomas was arraigned and jailed.

Joseph D. Berry, 32, of Bank Street, Batavia, is charged with menacing, 2nd, and harassment, 2nd. Berry allegedly held a large rock and threatened to inflict bodily harm to a store clerk at 7-Eleven in Batavia at 8:15 p.m. on June 6. He was jailed on $2,500 bail.

Maya Samanta Wright, 23, of East Ridge Road, Rochester, is charged with harassment, 2nd. Wright allegedly struck a patron of a business on Park Road, Batavia.

Chelsea Lorraine McEwen, 19, of Fleetwood Drive, Brockport, is charged with harassment, 2nd. McEwen is accused of punching another person in the face during an argument reported at 8:53 p.m. Sunday at a location on Bloomingdale Road, Tonawanda Indian Reservation.

Laura Jean Santiago, 55, of Hundredmark Road, Elba, is charged with DWI and driving with a BAC of .08 or greater. Santiago was stopped at 8:56 p.m. Friday on Main Street Road, Batavia, by Deputy Mathew Clor.

William George Horner, 67, of Bank Street Road, Batavia, is charged with criminal obstruction of breathing and harassment, 2nd. Horner is accused of grabbing another person by the throat and applying pressure and pushing that person during an incident reported at 10 p.m. Friday on Bank Street Road, Batavia.

Todd A. Rich, 47, of Webster, and Justin T. Rich, 24, of Webster, are charged with unlawful possession of marijuana. The two men were stopped by State Police at 1:15 a.m. this morning on Route 19 in Le Roy.

Photos: First 'Paws Park' in Genesee County Park

By Howard B. Owens

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Genesee County Park hosted its inaugural Park Paws dog walk event today and only three canines participated, though several more dog owners signed up who didn't show up.

While in the park, we also came across a group of riders on horseback (photos below).

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Town of Bethany Republican Committee seeks candidates to endorse for Highway Superintendent

By Billie Owens

Press release:

Town of Bethany Republican Committee seeks Highway Superintendent candidates for consideration of endorsement on the Election Ballot this Fall.

The committee will hold its Endorsement Meeting at 7 p.m. on Tuesday, June 5, at Bethany Town Hall, located at 10510 Bethany Center Road, East Bethany.

Interested candidates please contact Thomas J. Douglas, chairman, via email: tdgoldenrod@yahoo.com or call 585-356-0824 on or before Tuesday, June 5th.

Child molester given Level 3 risk status at hearing Monday

By Billie Owens

A man convicted of two counts of first-degree child sex abuse and one count of second-degree child sex abuse is counting down the days until his release after three years of incarceration.

Storm U. Lang, now 21, was sexually involved with three different victims on multiple separate occasions in 2014 when he was 17 years old.

He subjected a 7-year-old to sexual contact in the Town of Alabama; a 12-year-old to sexual contact in the Town of Alabama; and a 5-year-old to sexual contact in the Town of Bethany.

The child molester was back in Genesee County Court on Monday for a Sex Offender Registration Act (SORA) hearing to determine his threat level, which must be made within 30 days prior to his release.

Where he plans to live when he gets out was not discussed yesterday. He will have to register as a sex offender for the rest of his life and will be under post-release supervision for a decade.

The state Board of Examiners of Sex Offenders evaluated this case and provided a risk-level recommendation to the court -- Level 3 -- which means there's a high risk of repeat offense and a threat to public safety exists.

There are also three designations that may be assigned to a Level 3 sex offender: sexual predator, sexually violent offender, or predicate sex offender.

After lengthy discussions in both the morning and afternoon sessions, Judge Charles Zambito determined Lang warranted a Level 3 designation and deemed he met the legal definition of a sexually violent offender.

In making a decision, a point-scoring mechanism known as Total Risk Factor Score is considered; there may also be a request by the defense for a "downward departure" of the overall "presumptive score," which seeks to reduce the designation level as recommended or assigned -- an "override."

The District Attorney's Office agreed with the Board of Examiners' recommendation, which considers such factors as to whether there was use of force, weapons, alcohol or drugs, victim's age, number of victims, assault upon or injury to a victim, and relationship to the victim.

Public defense attorney Lisa Kroemer took issue with the points accrued in scoring her client's risk level -- a "presumptive score of 125"; her aim was to reduce the point score and persuade the judge that Lang is a Level 2 sex offender.

In part, her argument hung on a typo brought to her attention by the people earlier that morning that cited a victim instead of the plural victims for one of the risk factors.

"I'm arguing that the concept of double counting applies; I don't think you can pick and choose," Kroemer said.

First Assistant District Attorney Melissa Cianfrini denied double counting, saying the score remains 125 even without the typo, because one victim -- a 12-year-old -- was asleep, and therefore defenseless, when the sexual conduct occurred.

Calling Kroemer's argument "baseless and unwarranted," Cianfrini further characterized her logic as "a distinction in search of a difference."

Zambito said no matter how you add it up, Lang earned a score of 125 by his counting, the Board of Examiner's counting, and that of the DA's Office.

The duration of Lang's admittedly ongoing behavior, though no physical violence was used, constitutes "a continuing course of sexual conduct," sexual contact -- over clothes in Lang's case, and the age of victims was factored, too. 

Moreover, the prisoner admitted to authorities in three different instances that he also had sexually abused a 4-year-old victim when he was a juvenile, which was not included in the accounting made in his risk assessment, according to the judge.

"He is a sexually violent offender, based on his conviction -- a risk Level 3," Zambito said.

The Board of Examiners report says Lang has pedophilia and an anxiety disorder.

In addition, a state clinician specializing in sex offenders reported: Lang's likelihood of sexual recidivism is (determined to be) moderate to high; he has multiple and enduring high-risk personality traits; emotional disorders; impaired judgment; and impulsivity, and an inability to control himself."

"He's a Level 3 all day long, whether by points, by upward departure or override," Zambito said.

The defense attorney cited case law (People v. Burgos) that states that psychological/organic abnormality and decreased ability to control sexual behavior must be demonstrated before an upward override -- from a Level 2 (sought by the defense) to a Level 3 (sought by the people) -- can be granted.

The judge asked, "Doesn't the evaluation say that?"

No, Kroemer argued, it assessed his sexual recidivism risk as moderate to high, but she said if her client received treatment, the recidivism risk "should go down."

Kroemer also questioned the credentials of the clinician who performed the mental health assessment.

Cianfrini assured the court that Forensic Mental Health Counseling of Western New York and its clinicians were skilled specialists in the area of evaluating sexual offenders.

Whether or not treatment might help Lang was not considered.

The clerk of the court read Lang the law pertaining to his SORA responsibilities. He has to provide a new photo every year, register wherever he lives within 10 days, and provide authorities with his email address(es), online screen names, etc.

Lang has 30 days to appeal Monday's court decision.

Dressed in a white shirt, tan pants, brown lace-up boots, a belt, Lang was shackled, hands and ankles; accompanied by two state guards wearing uniforms with light-blue shirts. He is about 5'11" and 200 pounds, pale skinned, with heavy brows and chin-length brown hair.

He said nothing until he blurted out before leaving court that he gets out in "40 days."

There are currently 46 Level 3 sex offenders living in Genesee County, and a total of 186 convicted sex offenders at all levels reside here.

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