Earlier today, we told you about Schoen LaBombard, the former Batavia resident who bilked several local businesses out of more than $27,000 with a phony story about a chance to drive a bobsled in the Olympics.

This afternoon, we learned that LaBombard still owes more than $15,000 in restitution from the 1994 conviction.

Because of the outstanding restitution, Judge Eric Adams signed a warrant for LaBombard's arrest April 21.

Adams, normally a Family Court judge, is handling the case because Robert C. Noonan was the county prosecutor in 1994.

The warrant may be the one a Florida TV station said is the reason LaBombard is being held by authorities in Daytona Beach after he allegedly pulled a scam to get free food, a free hotel room and $500 by impersonating a Navy Seal.

The ruse was uncovered after LaBombard, who was going by the name Alex Seppi, broke his leg and hotel employees found his correct ID in his hotel room.

No word on when LaBombard might be returned to Genesee County custody. He allegedly hasn't made a restitution payment since 2007.

Sean Vickers, convicted at trial of molesting five children in Batavia, was sentenced today by Judge Robert C. Noonan to 107 years in state prison.

"I agree with the prosecution in this case," Noonan said. "I see no reason to impose anything less than the maximum available terms under the law."

Vickers received 25 years each on his conviction of the first four counts of the indictment against him and a seven-year sentence on count five, plus a couple of decades of post-release supervision (at which point he would be 152 years old if still alive).

On July 31, a jury found Vickers guilty of two counts of sodomy in the first degree, two counts of criminal sexual act in the first degree and sexual abuse in the first degree.

One of the child victims, who was in court today for the sentencing, had Det. Kevin Czora read a statement for him prior to sentencing.

"Sean came to my house and took me to fun places and bought us candy," read the boy's statement. "I called him Uncle Sean. He hurt me. I want him to go to prison for a lifetime."

The mother of a victim also had a statement read by Erin Martin of the Child Advocacy Center.

She said that Vickers hurt her family and her children tremendously.

"Sean did not take into account what he was doing or how it would effect the kids," read the statement. "I don't think you should take into account Sean's feeling in his sentence, because he was only thinking of himself when he hurt my son."

In August, Vickers accepted a plea deal in Niagara County for molesting the same three boys. He entered a guilty plea to three felonies in exchange for a 20-year sentencing cap.

The 20 years, once imposed at a Sept. 26 hearing, and will be served concurrently with the Genesee County sentence. It will also stand even if the Genesee County conviction is overturned on appeal.

Public Defender Jerry Ader indicated in court today that an appeal will be filed and did not make a statement regarding sentencing on his client's behalf.

Vickers also made no statement.

District Attorney Lawrence Friedman noted that the plea offer extended to Vickers in Genesee County before the trial would have offered a 40-year prison term, but Vickers turned it down.

"If the crimes he's convicted of are not horrific enough, we know he sexually assaulted at least five other boys," Friedman said. "We know that's not all. We know that he has a history of pedophilia that goes back decades, literally decades. There are victims of his crimes who have come forward that occurred so far back that they can't be prosecuted under the statute of limitations."

Noonan said the mother of one of his victims from Monroe County was in the courtroom today because she's been tracking Vickers for 24 years.

"She's here to see the justice is finally done," Friedman said.

Noonan opened his brief statement about the 107-year sentence he was about to impose by saying, "This case is the worst one I've ever had. I've been in the criminal justice system for 40 years both as a prosecutor and a judge and I've never had anybody who has been prolific a predator as you have been Mr. Vickers."

Tickets can be purchased from any Rotarian or by stopping at Dr. Michael Kubiniec’s dental office at 180 Washington Ave, Batavia. $20 pre-sale cash or checks made payable to Batavia Rotary. Any questions, call 585-356-2771.

The Batavia PTSD Peer Support Volunteers led a 9/11 remembrance ceremony at the VA Center this morning.

Participating were local veterans and the Batavia police and fire departments.

The event honored those who lost their lives on Sept. 11, 2001, and those who have died or gone missing in action in American wars.

Michael Robert Sigl, 22, of Pratt Road, Batavia, is charged with five counts of criminal possession of a forged instrument, 2nd. Sigl allegedly stole some of a neighbor's checks, forged them and cashed them at banks in the City of Batavia. He was jailed on $10,000 bail.

Jamie Renae Wilkins, 37, of Route 31, Holley, is charged with unlicensed operation of a motor vehicle, 3rd, and driving a vehicle with a suspended registration. Wilkins was stopped for an alleged traffic violation at 5:08 p.m. Monday on Route 77 in Alabama by Deputy Joseph Corona. Wilkins was jailed on $250 cash bail or $500 bond.

The alleged scam enabled Schoen LaBombard to enjoy free meals, a free hotel room and a $500 loan.

It was only after LaBombard broke his leg while frolicking with his new friends that the scam was uncovered by hotel employees.  

The folks in Daytona Beach knew him as Alex Seppi, but while he was in the hospital, employees entered his hotel room to secure personal items on his behalf and found an identification with his real name.

There was apparently another person assisting LaBombard in the alleged scam. At one point, a manager spoke with a person who identified himself as Seppi's Navy Seal commander.

At this point, LaBombard is not facing charges in Daytona Beach, but he is in custody on a warrant out of New York (the jurisdiction is not specified in this WESH story). 

For the 1994-era scam in Batavia, LaBombard was required to pay restitution. According to news reports in 2004, he paid about $7,000, but there was still $20,000 outstanding. It's unclear if he ever completed payments.

In that case, LaBombard represented himself as a promising bobsled driver with Olympic dreams and convinced local business owners to donate money to help him pursue his dream. It turned out, he was not on the Olympic bobsled team, though he was a member of the federation.

His criminal history includes stints in prison for forgery and grand larceny, with convictions in Essex County and Albany County.

In Albany, he was once accused of impersonating a police officer to scam a prostitute out of money. According to another news report on that arrest (no link available), he was also accused of stealing more than $8,000 from business partners in the Albany area. He also accused of burglarizing his grandmother's house and stealing checks.

In 2012, the Albany Times Union ran a laudatory story about LaBombard about how he was turning his life around, getting off drugs, and leading a casting call for a reality TV series called "The Comebacks."

To help restore depleted funds in the Reis Memorial Scholarship, community volunteers hosted a casino night fundraiser at the South Byron Fire Hall this past weekend.

Members of the Reis family lost their lives in a fire in Byron on May 19, 2008.

The night's live auction included selling an apple pie made by Jean Allyn, grandmother of the three Reis children, Ginny, Emily and Tim, and mother to Cheryl Reis, who died in the fire.

The fundraiser included a basket auction with 32 baskets available.

The scholarship was formed in 2013 to reestablish a fund that was depleted in 2012. The annual scholarship awards $1,000 to a graduating senior from Byron-Bergen who demonstrates both academic merit and the admired characteristics of the Reis children. The 2013 recipient of the award was Kim Lovett, who is attending Nazareth College to pursue a degree in Physical Therapy. 

The success of successive fundraisers by the foundation enabled the group to provide financial assistance to former community members whose home was destroyed in a fire this year.

Sponsors this year included: Dewey Produce, Stafford Painters. Ray and Jean Allen, Kircher Construction, Inc., Roberts Accounting, Ernie and Wendy Haywood, Crazy Cheap Cars, NAPA Auto Parts - Bergen , WNY Concerete, Pudgie’s Lawn and Landscape.

Info and photo submitted by Jon Flannery.

City firefighters rescued three people trapped in an apartment during an early morning fire at 2 Lewis Place.

The fire was put out quickly, but upon arriving at scene at 1:30 a.m., firefighters had to first use a ladder to a second-floor window to rescue two adults and one child.

City police officers got two other adults out of the lower apartment.

The cause of the fire is still under investigation.

The fire was in the second-floor apartment.

The fire went to a second alarm because of the potential for the fire to spread into the attic of the row of apartments on Lewis Place. Town of Batavia fire was put on standby. Alexander's FAST team was requested to the scene. Darien fire was requested for their air bottle refill capabilities. Mercy EMS was on scene on standby.

Before other units arrived, they were told to back down from an emergency response because the fire was knocked down.

Four adults and one child were provided temporary housing by Red Cross.

City fire was back in service at 3:45 a.m.

Photo: Photo submitted by Kameko Barlog.

(Initial Post)

The Batavia High School Cheerleaders are having an Alumni Fundraiser to help their program. There will be a special routine for 1-minute 30-seconds choreographed by alumna cheerleading coach Krista Shamp.

The routine will be performed by alumni cheerleaders at half-time at the varsity football game on Oct. 3.

Any alumni who would like to take part is asked to pay $20. For that, the participant will get a T-shirt and "time to have one last shining moment under the lights," according to JV Head Coach Jamie L. Turman, who is an alumna cheerleader of BHS, Class of '09.

She adds that alumni who would like to help boost the program can still pay $20, get a T-shirt, and skip the performance if they don't want to do it or don't have the time to practice.

Practices are held from 6-7:30 p.m. on Wednesdays at John Kennedy School.

Turman would like more participants to join in the fun.

If interested, contact her at the high school at 343-2480 or e-mail  <turm4722@fredonia.edu>

Washington Post: Roger Goodell said to be adamant he won’t resign in wake of Ray Rice video firestorm

A car accident with injuries is reported at Bethany Center Road just south of Ellicott Street Road. Bethany fire is responding and medics just arrived.

UPDATE 6:52 a.m.: The driver was transported to UMMC. The assignment is back in service.

A structure fire is reported at 2 Lewis Place in the city. The third platoon is called to the scene along with Alexander's fast team and Emergency Services Unit #2. Town of Batavia is asked to stand by in its quarters.

UPDATE 1:48 a.m.: Fire is knocked down. Those en route are told they can respond non-emergency.

Press release:

Congressman Chris Collins (NY-27) released the following statement after the President’s address laying out his strategy to eliminate the ISIS threat.

“It is clear, we cannot allow for the same mistakes that have gotten us into this situation,” Congressman Collins said. “The current events in Iraq and Syria prove the absence of American leadership enables and emboldens our enemies, and puts our country and citizens at risk. I fully support actions to eliminate the threat posed by ISIS and protect our citizens at home and abroad.”

Press release:

The National Weather Service in Buffalo has issued a Special Weather Statement saying there's the potential for strong, gusty winds and heavy rainfall tonight.

A strong cold front will push across the Western New York and Finer Lakes Retions very late tonight through early Thursday morning.

Occasional showers and possible thunderstorms will occur well ahead of and along the approaching boundary.

Winds will increase out of the southwest to 20 to 30 mph later this evening, well ahead of the front.

Stronger winds just a few thousand feet off the deck will overspread the area late this evening through the overnight as well.

Stronger convective elements such as a heavy shower or thunderstorms may be able to transport some of these stronger winds down to the surface, which would result in at least a chance of some localized strong to borderline severe wind gusts.

The best time frame for this to occur appears to be during the very late evening into the overnight hours. In addition, high moisture content will pose the threat of locally heavy rainfall with any stronger cells.

It looks like Dashawn Butler will get his day in court.

So far, Butler has turned down a plea offer to reduce the top charge against him from a Class C violent felony to a Class D violent felony, so today, Judge Robert C. Noonan set a trial date for Butler of Nov. 17.

Butler still has until Oct. 8 to accept the plea, under Noonan's plea-cut off rules.

The Batavia resident is charged with criminal use of a firearm, 2nd, a Class C violent felony, criminal possession of a weapon, 2nd, a Class C violent felony, and attempted assault, 1st, also a Class C violent felony. He's also accused of firing a weapon at another person Sept. 27 on State Street.

Noonan ruled against the defense on a motion to have the charges dismissed. Defense attorney Thomas Burns argued in a hearing two weeks ago that Batavia PD didn't exercise due diligence in trying to locate Butler after a warrant was issued for his arrest in October. That lack of due diligence violated Butler's right to a speedy trial, Burns said. Noonan found that there was not enough evidence that BPD did not try to locate Butler in a timely manner.

The plea offer from District Attorney Lawrence Friedman was unconditional, meaning Noonan would have all the sentencing options available for a person convicted of a Class D violent felony, including a lengthy prison term.

Le Roy's town supervisor, arrested a little more than a year ago on a harassment charge stemming from a dispute with a neighboring property owner, has been granted an opportunity to have the criminal charges dismissed.

Known as "adjudication in contemplation of dismissal" (commonly, ACD), the determination does not include a guilty plea, but does require Supervisor Steve Barbeau to avoid criminal contact with the police for six months.

Barbeau's case was prosecuted by Assistant District Attorney Will Zickl in Bethany Town Court.

While Barbeau was originally arrested on a charge of harassment, the criminal charge was later upgraded to include third-degree assault because of the extent of the injuries suffered by the victim, Peter McQuillen.

ACDs are common in misdemeanor cases involving defendants with a long history of avoiding trouble with the law.

As part of the plea deal, Barbeau was required to pay restitution to McQuillen in advance for medical expenses and lost wages.

The agreement was finalized last month, Zickl said.

The confrontation 13 months ago on McQuillen's property behind Barbeau's residence in the Village of Le Roy stemmed from a long-standing feud related to McQuillen trying to develop the 13-acre parcel.  

Barbeau was part of a successful lawsuit that killed McQuillen's "Robbins Nest" development.

At the time of the confrontation, McQuillen was constructing a red storage shed as close to Barbeau's property line as possible.

The construction of the shed, as well as McQuillen's construction and planned construction of duplexes in the subdivision known as Presidential Acres, are the subject of a second lawsuit that is still pending.

Barbeau is not a party to the second lawsuit, though most of his neighbors are.

Previously:

• Town of Le Roy supervisor arrested following alleged incident with neighbor
• Barbeau and McQuillen feud building for months
• McQuillen plans to build house on 13-acre lot off Robbins Road, so barn stays
• Residents of Presidential Acres in Le Roy pursuing new suit to stop duplex development

The skeletal remains from a residence on Seneca Avenue, Batavia, have been identified as male, 17 to 25 years of age and of Native American ancestry, Batavia PD said in a statement today.

The findings are consistent with what police were originally told by the resident who contacted BPD, that a relative had located the remains in Letchworth State Park in the 1950s while hunting for arrowheads.

The Tonawanda Seneca Nation has been contacted. The remains will receive a proper burial by the tribe.

Det. Kevin Czora led the investigation into the remains, which included numerous interviews and an examination of the remains by anthropological scientists. 

There is no evidence of injury to the individual and the remains were likely buried in the park for an extended period of time.

On a follow up to her request for smaller monthly restitution payments, Jacquetta Simmons showed up without the two things Judge Robert C. Noonan said she needed today: An attorney and a certified financial statement.

Noonan lectured her briefly on the need to have a proper financial statement, said that he wants to get restitution payments started in this case, and then gave her until Sept. 16 to get her documents together.

And perhaps show up with an attorney.

What Simmons arrived with in court today was a handwritten statement on a blue-lined piece of notebook paper.

"Ms. Simmons, what we need from you is a sworn statement of income and expenses for you and each person in your household," Noonan said. "We need an itemization of all the things you've done while looking for work, not just your conclusionary statement saying you can't find work."

When her case was called, Simmons ambled to the defense table dressed in faded blue jeans and a white T-shirt holding her piece of paper.

Asked about her attorney, Simmons told Noonan that she was under the impression that Key would be in court with her today, and that she spoke with Key after her Aug. 26 court appearance.

In June, the Buffalo News published a report about Key moving from the Buffalo area. His Web site says his office is located in Buffalo.

So when Simmons said she had spoke with him since August, Noonan expressed some surprise.

"Really?" Noonan said. "I thought he left town before that. Perhaps he kept the same cell phone."

Noonan told Simmons she could appear Sept. 16 with or without an attorney. "It's your choice," he said.

Simmons is under court order to make $100 monthly payments in restitution for $2,000 in medical expenses to Grace Souzzi, whom she punched in the face Christmas Eve 2011 after Souzzi asked for a receipt for items Simmons and her brother had purchased earlier at Walmart.

Because she's not working, Simmons has asked that the amount of monthly payments be reduced.

After the brief hearing, Simmons turned from the bench and walked away, mumbling something under her breath.

The Le Roy American Legion Botts Fiorito Post 576 is honoring Nancy Baker as the 46^th Le Royan of the Year. Nancy is the wife of Bruce Baker, the mother of Tom, Bill, Patti, Bob, John and Cindi. She has 21 grandchildren and two great-grandchildren.

Nancy received her RN and bachelor's degree from the University of Rochester School of Nursing. The Bakers moved to Le Roy in 1963.

Nancy is a “people person,” genuinely interested in and concerned for her family, friends and anyone who might need a helping hand. One of the amazing things about Nancy is her energy. When she commits to something, you can rest assure she will give it her all.

Nancy served on the Le Roy School Board for 18 years including eight year as president of the Board. She is currently a member of the Woodward Memorial Library Board. She was one of the originators of the School Backpack Program.

Nancy has an extensive history of voluntarism and community involvement including the start up of FISH, Friends In Service Here, providing transportation for shopping and appointments; PTSO, Parent Teacher Service Organization to arrange for volunteers to help in the classroom; Community Intervention to assist teachers and parents to understand and help children suffering from alcohol and drug abuse. As a member of the Genesee County Medical Society Auxiliary she brought “Smoking Sam” to the classroom to make children aware of the perils of smoking.

She has served on numerous village, town and county committees including; The Le Roy Recreation Committee; the original Le Roy Community Pool Committee; the Screening Committee to hire a village administrator; The Countywide Stop DWI committee; and as a County Court observer.

For many years Nancy was on stage with the Le Roy Rotary Club musicals to raise money for the Milne Scholarships. As a member of the Le Roy Town and Country Garden Club she helps to maintain the plantings around the village welcome signs and Uptown plantings.

Her commitment as a member of St Mark’s Church reflects Nancy’s volunteerism and reliability. She has been a member of the Church Vestry; representative from St Mark's when LCCP was formed; representative from St Mark's to the Diocese; participant in the Mill Street Breakfast and Lunch programs; advisor to the Sunshine Nursery School; Sunday School teacher; numerous fund drives; and currently is a Lay Eucharist Minister bringing monthly communion to the Le Roy Village Green.

Honors Nancy Baker has received: Genesee County Woman of the Year (1988); Le Roy Woman’s Club Woman of the Month (1966); and Le Roy Rotary Club Paul Harris Award for her many years of community service.

Nancy Baker loves our town and is a very good friend to many. Her 51 years of selfless efforts on behalf of our community and the people in it are remarkable.

 Thank you Nancy Baker!