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An out-of-control brush fire is reporred at 6925 Transit Road, north of Route 262. Byron and South Byron fire departments are responding.

An out-of-control brush fire is reported at 9309 Clipnock Road, Stafford. The location is between Sweetland and Torrey roads. Stafford Fire Department is responding.

This afternoon a Stafford family's chocolate Labrador retriever went missing. "Max" is 3 years old and his best friend is the family's 7-year-old child.

"Our family is devastated and we believe that he may have been stolen because he never leaves the yard ever," says Kevin Wolff. "We would give anything to have our Max back."

The dog is wearing a camouflage-colored collar and a Superman tag with his home address on it -- 5774 Sweetland Road, Stafford.

If you've seen Max or have helpful information, phone Kevin at 409-5599. NO QUESTIONS ASKED!

UPDATE 5:14 p.m.: Max has been found and is happily reunited with his family and his little BFF.

A four-wheeler accident in Bergen is reported somewhere near West Shore Trails, west of Route 19. Possible serious injuries. The caller is a "hysterical male" and the victim is a female who is unconscious. Mercy Flight is on ground standby. Bergen fire and Mercy medics are responding.

UPDATE 1:14 p.m.: The location "is believed to be on West Sweden" Road.

UPDATE 1:53 p.m.: The female was conscious by the time medics were on scene. She has some "road rash" and is being taken by ambulance to Strong Memorial Hospital for evaluation. A deputy on scene said the call sounded much worse than it turned out to be.

Top photo, sister and brother Heidi Richmond and Dale Banfield by their unique new sign, made with love in Elba. Above, a sampling of fare offered at a private party Friday at the new restaurant.

Authentic Texas-style barbecue is what you'll find at a new restaurant that officially opens at 11 a.m. Monday at 8282 Park Road in Batavia. If you've never had it, you're in for a treat. If you've had a hankerin' for it based on past experience, here's your chance to enjoy anew.

The Waggin Wheel Restaurant & Lounge is located where the former 10-Cent Millionaire Tavern used to be. (Yes Waggin, not Wagon.) It's been freshly painted throughout, and the kitchen expanded and upgraded with new equipment.

Beef is the key menu item here, not pork. Sliced BBQ beef sandwiches on fresh kaiser rolls, "no Walmart buns." Dry-rubbed ribs. And for steaks, that means Angus beef, a premium, buttery smooth variety cooked over charcoal on specially made outdoor grills (crafted at Tri-County Welding in Batavia).

General Manager Dale Banfield, who runs the new eatery along with his sister, Heidi Richmond, compared Angus vs. regular beef to car buying.

"You can't go out and buy a Scion and think it's a Cadillac," he said. "You can't find Angus beef around here. It's the best there is. They're going to be amazed."

Premium meat properly cooked equals delicious.

"We're going for the quality," Banfield said.

Brisket was among the items sampled Friday at a private party to kick off the "soft opening" next week (starting at 11 a.m. Monday). It was melt-in-your-mouth delicious, juicy and flavorful. It was smoked in a large two-door portable smoker on the premises (nothing artificial here).

Texans, of course, like their barbecue sauce red. At each table, diners can choose a style of homemade sauce to their liking -- Texas, St. Louis, South Carolina -- which are kept in small squirt bottles.

There will also be fresh Italian sausage smoked over cherrywood for just a touch of sweetness, and pork.

Smoked pork chops are sublime, according to Banfield.

Sides are Southern-style. That means slow-simmered beans, cornbread that tastes like cornbread and not cake, hot macaroni and cheese, and piquant cole slaw: "I don't like a sweet slaw," Banfield said earnestly. Plus, greens, corn on the cob, all as locally sourced as possible.

Fresh-cut Cajun fries, a tuna-macaroni salad, and a creamy potato salad with chunks of red and green bell pepper and onion were also menu items sampled yesterday.

"Y'all come on and line up," Banfield told the hungry crowd. "We're gonna be bringing out some steaks and brisket and wings..."

"Y'all?" someone piped up.

"Yea, y'all," he replied jokingly. "And if y'all don't like it -- there's 'the doh' or as they say in Texas, 'the der.' "

A big grand opening with lots of fanfare will take place sometime in the next couple of weeks.

They plan to offer live entertainment on weekends. Eventually, they want to have live outdoor music on the property, which has a huge open area on one side of the 2,800-square-foot restaurant.

Inside, the 43-foot loooong, curved bar has been redone with raw pallet wood thickly coated in shiny resin. The full-liquor license should be in place anyday now, but until then there's soda pop ("...and the dancin's free..."). Eight large flat-screen TVs hang on the walls. Seating consists of small tables, upholstered fold-up chairs and plastic red-and-white gingham tablecloths.

Kids will feel at home in the family-friendly atmosphere.

Banfield was in the restaurant business in the Lone Star State for years (Dallas) before relocating to the Empire State for a job in 2004; some family members live here, too.

He likes what he does for a living and missed it when he was away from it.

"I like meeting the people and seeing the smiles on their faces from (eating) good food," he said.

Lunch 11 a.m. to 2 p.m. / Dinner 4 to 10 p.m. -- Monday through Saturday. Closed Sundays. Off-site catering is available.

Phone is 201-7680. E-mail:   opbminc@gmail.com

The city would like to remind residents that the house at 109 Walnut St. will be auctioned off tomorrow, April 16. The previous start time provided by the city of 10 a.m. is NOT correct.

The auction starts at 9 a.m.

The property will be open one hour prior to auction for walk-through.   

If you have any questions or need additional information, please contact:

Office of the City Clerk

One Batavia City Centre

Batavia, New York 14020

Phone:   (585) 345-6305, option 5, option 1

Fax:     (585) 343-9221

E-mail:   hparker@batavianewyork.com

Joseph M. Dispenza is indicted for the crime of driving while intoxicated as a Class E felony. It is alleged that on Oct. 17 in the Town of Batavia that Dispenza drove a 2006 Pontiac on Route 63 while in an intoxicated condition. In count two, he is accused of the crime of aggravated driving while intoxicated, per se, as a Class E felony. It is alleged that he had a BAC of .18 percent at the time. In count three, he is accused of aggravated unlicensed operation in the first degree, a Class E felony, for driving while knowing, or having reason to know, that his license was suspended, revoked or otherwise withdrawn by authorities, and doing so while under the influence of alcohol or a drug.

Cordell E. Libbett is indicted for the crime of aggravated unlicensed operation in the first degree, a Class E felony. It is alleged that on Oct. 4 in the Town of Stafford that Libbett drove a 2015 Dodge with Mississippi plates on Route 33 in the Town of Stafford while knowing, or having reason to know, that his license to operate a motor vehicle in this state was suspended, revoked or otherwise withdrawn by authorities. It is further alleged that he had in effect 10 or more suspensions, imposed on at least 10 separate dates for failure to answer or pay a fine. These are cited as having occurred in the following places on these dates: Dec. 25, 2008, Town of Wayland, Steuben County; Oct. 11, 2013, Town of Irondequoit, Monroe County; and in the City of Rochester, Monroe County, on Aug. 31 and Nov. 22, 2006; and Jan. 29. and March 19, 2007; Jan. 22, March 7, March 28, May 6, Sept. 27, Oct. 10, Oct. 18, and Nov. 20, 2008; April 24, June 26, Dec. 29, 2012; March 5, Oct. 1 and Dec. 3, 2013; and March 19, 2014.

Amelia Rose Witkowski, 30, of Angling Road, Pembroke, is charged with second-degree burglary, making a punishable false written statement and petit larceny. She was arrested for allegedly entering a resident on Main Road in Pembroke at 6:30 p.m. on Jan. 29 and stealing property from within. She also allegedly provided a written deposition to a Sheriff's deputy which contained false information. The case was handled by Sheriff's Deputy Joseph Graff, assisted by Deputy Christopher Erion.

Kimberly M. Zeiner, 48, of Caroline Street, Albion, was charged with aggravated unlicensed operation, 2nd, and driving without headlights following a traffic stop at 3 p.m. April 6 on West Main Street, Batavia. Zeiner was subsequently arrested on April 14 on an outstanding bench warrant on those charges issued out of City of Batavia Court. The defendant was jailed in lieu of $250 bail. The case was handled by Sheriff's Deputy Richard Schildwaster.

Nicholas Adam Dubois, 18, of Shady Lane, Batavia, is charged with two counts of petit larceny. Dubois was arrested following an investigation of theft of stone from two locations in the Town of Byron. He was released with appearance tickets. The case was handled by Sheriff's Deputy Matthew Fleming, assisted by Deputy Michael Lute.

A 17-year-old is charged with two counts of petit larceny. The youth was arrested following an investigation of theft of stone from two locations in the Town of Byron. The subject was released with appearance tickets. The case was handled by Sheriff's Deputy Matthew Fleming, assisted by Deputy Michael Lute.

A four-car accident with unknown injuries is reported on the westbound Thruway at mile marker 379.8. Le Roy fire and ambulance service are responding.

The smell of natural gas inside the City Centre has prompted the building to be evacuated. City firefighters are on scene investigating.

UPDATE 9:38 a.m.: City command reports the odor is not natural gas, but there is a smell and they are investigating.

UPDATE 9:43 p.m.: The assignment is back in service.

Photo by Howard Owens.

WBTA provided the interview on which this story is based.

Verizon workers were out protesting on Lewiston Road this afternoon. They are members of Communication Workers of American Local 1117.

Spokesman Phil Rudnick, executive vice president of the union, said a middle-class way of life here and in other states is at stake as the group battles against jobs being shipped overseas and major cuts in pay, benefits and security. They have been in contract negotiations with Verizon since June 2015.

"Corporate greed is the biggest complaint," Rudnick said, "and the retrogressive demands they are looking for are astronomical."

All the while, profits have never been healthier.

He said Verizon made $1.5 billion in profits each month last year; they are beating those figures so far this year, with monthly profits of $1.8 billion for January, February and March.

Verizon wants to send call center jobs overseas, and force outdoor technicians to work a couple of hundred miles away from home for months at a time, plus cut pay and benefits, and obliterate job security.

The workers with the most skin in the game to lose are the ones who built the money-making behemoth one landline at a time.

"We built the infrastructure that gave them the profitability to go into the wireless department," Rudnick said, "and they're making billions of dollars on wireless as well."

The work done by those represented by CWA 1117 feeds all the cell towers the phones work off of, the data networks and DSL files. Now Verizon wants to lay off landline techs and bring in contractors.

"We're just looking for fair, middle-class, stable jobs that we've had not to be taken away," Rudnick said.

The union's concession in millions of dollars in health-care costs was deemed "not good enough" in recent negotiations.

On the line are jobs here, in Buffalo, Syracuse and Albany, as well as other states.

Local politicians have been supportive of the union's plight, the union leader said.

Suzanne Corona admitted to a violation of her probation in Genesee County Court on Wednesday afternoon and therefore Acting Judge Michael F. Pietruszka allowed her to continue serving probation without any additional penalty.

"I put Amaretto in my coffee," she told the judge, explaining why a urine sample taken from her on March 21 tested positive for alcohol, which she is forbidden from imbibing under the terms of her probation.

The terms were set forth last year after she admitted selling $60 worth of suboxone, a controlled substance, to an undercover agent of the Local Drug Enforcement Task Force.

By pleading guilty on Aug. 3, she avoided serving up to one and a half years in prison and one year of post-release supervision and got probation instead, without objection from the DA's Office.

Although she got into trouble with the law several times during the period of 2010 and 2014, she had never faced a felony charge until then. As a first-time felony offender, the judge in the case, Robert C. Noonan, now retired, had leeway to give her jail time instead or probation.

Corona made headlines worldwide when she was arrested on an adultery charge in 2010 after being observed in an apparent sexual act with a man not her husband on a picnic table in Farrall Park. Then came accusations of shoplifting from a local restaurant, which led to a disturbance there and Corona being wheeled away on a gurney into a waiting ambulance, and various other shoplifting charges, including an arrest at Target on a day when a Sheriff's deputy was there doing a K-9 demonstration.

The Ousterhout Avenue resident avoided getting into trouble for a long time and then came the arrest for selling suboxone.

After testing positive for alcohol last month, she initially denied violating the conditions of her probation, then on the advice of her attorney, Brian Degnan, she reversed course. Even in court yesterday, after having conferred with her attorney, she at first refused to admit guilt.

Pietruszka asked if she was on medication and she said is prescribed medication for "mental health, pain, anxiety and thyroid." When asked, she said she has never been in treatment for drug addiction but she has, and continues, treatment for alcoholism.

Asked if she was satisfied with her attorney, she said yes, and acknowleged that her admission of guilt was being made without coercion or under any threat, and with the understanding that admitting the violation was the same as being convicted after a hearing in court.

The judge said in reviewing her file, he saw nothing to indicate an extra penalty would be imposed if she failed supervision. He said the interim supervision of probation imposed last summer would continue.

Corona, in her mid-40s, was easily the best-dressed person in the gallery of the courtroom Wednesday, admittedly not a high bar. She wore a short, navy blue, knit panel skirt and matching jacket, with buff-colored pumps, nude hose, a cloth shoulder bag with a long strap that had wide, bold navy and white stripes. Her chunky silver wristwatch was encrusted with crystals. French manicured nails, one fingertip painted navy; silver thumb ring and thin silver bangle earrings. Her perfume? "Juicy Couture."

After she left the courtroom by herself, she seemed relieved, the nervousness she conceded earlier abated. Asked how she ended up where she is, she sadly and briefly articulated the "rough road" of her upbringing and said she is working hard on her issues.

And Degnan couldn't help but note that for someone like his client to have only slipped up once in nearly a year is in itself an accomplishment.

"I pay $105 out of my own pocket for counseling, (I go) three times a week," she said proudly. "I don't get public assistance."

A car smashed into a tree and the driver is unconscious at 4000 S. Main Street Road. The vehicle is locked. Town of Batavia Fire Department and Mercy medics are responding. The location is between South Main Street and Fairway Drive.

UPDATE 7 p.m.: The driver came to after medics arrived and complained of chest pain. The patient was transported via ambulance to Strong Memorial Hospital. The person may have suffered a medical condition, but that's not certain, said Sheriff's Sgt. Ron Meides. The cause of the accident is under investigation.

A former crack cocaine dealer who lived on Summit Street in the City of Batavia and is now serving eight years in prison appeared in Genesee County Court today to have a court date set on new drug charges.

Philip R. Ayala, about 30, was indicted by a Grand Jury in January for the crime of criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on July 9 in the City of Batavia that Ayala knowingly and unlawfully possessed a narcotic drug -- crack cocaine -- with intent to sell it. In count two, the defendant is accused of criminal possession of a controlled substance in the fourth degree, a Class C felony, for allegedly knowingly and unlawfully possessing one or more preparations, compounds, mixtures or substances containing a narcotic drug and these preparations, compounds, mixtures or substances are of an aggregate weight of one-eighth ounce or more.

As a prisoner in the state Department of Corrections, he was in shackles and wore a forest green jumpsuit, shadowed by an armed prison guard wearing a bulletproof vest.

Ayala has until 9:30 a.m. on June 8 to accept a plea offer from the DA's Office on a single Class B felony charge of criminal possession of a controlled substance in the third degree. Otherwise, the case will go to trial on July 25.

According to assistant DA William Zickl, Ayala faces a maximum of up to 12 more years in prison.

"I would offer a plea to expose the defendant to additional incarceration," Zickl said after the court proceedings, adding that it is up to the judge to decide the length of the sentence under the provisions of the law and whether it would be concurrent or consecutive to the existing prison term.

Ayala has a criminal history.

After a raid by law enforcement in December 2014, Ayala pled guilty six months later to criminal possession of a controlled substance, 4th, a Class C felony. He was bailed out of jail and was scheduled to be sentenced last Aug. 4  to no more than five years in prison -- IF he didn't break the law prior to his sentencing.

But on July 9, while living on Vine Street in Batavia, he was arrested on a sealed warrant out of Orleans County. When he was arrested on that warrant, he allegedly had 62 bags of crack cocaine in his possession. Thus, January's Grand Jury indictment as noted above.

His attorney, then as now, is Jamie Welch, who maintained his client hadn't violated the plea offer because Ayala wasn't arrested specifically on the charges for allegedly possessing 62 bags of crack before the Aug. 4 sentencing date (technically, his arrest was due to charges contained in the sealed warrant), so the max prison time he should get is five years. Judge Robert C. Noonan, now retired, disagreed and determined Ayala indeed violated the plea offer, so the maximum eight years was imposed last summer.

At that time, Zickl told Noonan: "One thing that is clear is the defendant is deeply committed to drug dealing and undertakes it as a business venture. Ayala's criminal record and recent charges suggest he will never stop dealing drugs."

This afternoon, a dozen people, including an infant niece Ayala had never seen before, were in the gallery in support of Ayala.

When he stood to leave the courtroom with his guard, they shouted "We love you!" and "Keep your head up!"

A car vs. tree accident with injuries is reported at 6692 Randall Road, Stafford. Stafford Fire Department and Mercy medics are responding.

UPDATE 4:47 p.m.: Mercy Flight out of Batavia is requested to the scene.

UPDATE 4:59 p.m.: Mercy Flight has landed.

UPDATE 5:16 p.m.: Injuries appear to be non-life-threatening, according to a firefighter on scene. The patient is being flown to an area hospital primarily for evaluation. A trooper said speed may have been a factor.

A Walnut Street, Batavia, man who pled guilty to criminal possession of controlled substance, 4th, and criminal sale of a controlled substance, 4th, was sentenced today to five years in state prison.

Cody A. Bush, about 29, is a second felony offender. He admits that he sold a quantity of suboxone, a controlled substance, in and around the City of Batavia and the Town of Elba to an agent of the Local Drug Enforcement Task Force. He was already in jail on related charges with he was arrested in November on the Class C felonies.

His attorney, Thomas Burns, asked Acting Genesee County Court Judge Pietruszka to sentence him to two to two-and-a-half years in prison, with credit for time served, and the ability to avail himself to substance abuse treatment and other beneficial programs while incarcerated.

"He does suffer from a drug problem and an addiction," Burns said. "There is awareness that it is his responsbility...He admits he had no right to convey and sell the drug to another person."

Burns said his client struggles with "an inability to take himself away from controlled substances," and yet he is also responsible for parenting four children.

"I let drug addiction ruin most of my adult life," Bush told the judge when given a chance to speak before being sentenced. "For that I am ashamed and sorry."

In addition to a determinate prison sentence of five years and three years post-release supervision, Pietruszka sentenced him to 12 months in county jail, to run concurrently with the prison sentence, for criminal possession of a weapon, 4th.

A sedan vs. school bus accident is reported in the front of the Twilight Meadows Apartments in Alexander. Unknown injuries. The address is 11071 Alexander Road. Alexander Fire Department and medics are responding.

Press release:

 Assemblyman Steve Hawley (R,C,I-Batavia) today denounced Downstate members of the Assembly’s Committee on Corporations, Authorities and Commissions who blocked legislation Hawley authored to eliminate an expensive surcharge on electricity bills in New York State.

Hawley has championed an initiative to eliminate the 18-A energy surcharge placed on utility companies and passed down to consumers since 2010.

“It is very troubling that Downstate politicians once again blocked an initiative that would have saved New Yorkers millions of dollars on their electricity bills,” Hawley said.

“In a state where property and income taxes are through the roof and Upstate jobs are disappearing, the middle class deserves a break. This is another example of the ongoing war to oppressively tax successful businesses, seniors and all New Yorkers.”