A caller reports hearing four gunshots in the area of Myrtle Street in Le Roy. Police are responding.

UPDATE 7:33 p.m.: One person at a business told an officer he heard four sounds. Other people officers spoke with in the vicinity said they heard nothing unusual. Police are back in service.

Press release:

The Batavia Police Department is investigating a forcible entry burglary at the I.D. Booth, Plumbing, Heating and Electrical Supply at 60 Liberty St.

The crime took place between 9 p.m. Thursday, Oct. 17, and 3 a.m. this morning, Friday, Oct. 18.

Suspects made forcible entry into the business and committed the larceny of a large quantity of Milwaukee brand power and hand tools.

Anyone with information is requested to contact the Batavia Police Department at 585-345-6350. Persons may also provide information via the Batavia Police Department's Confidential Tip Line at 585-345-6370 or by accessing the Suspicious Activity link of the Web site of the Batavia Police Department.

A felony warrant has been issued for a suspect in the State Street shots-fired incident Sept. 27 as police continue their investigation of that matter as well as the report of shots fired on Jackson Street on Oct. 8.

Police are looking for information on the whereabouts of Batavia resident Dashawn Allen Butler, who is described as a black male, 34 years old, 6' 2" and 183 lbs.

Butler, who has prior arrests in the city, has resided at 101 Summit St.

According to a law enforcement source, Butler was questioned in connection with a shots-fired incident at Walmart on Jan. 22. The following month, the mechanic for a resident who had been at Walmart that evening discovered a bullet had hit the radiator of the car driven by the resident.

Batavia PD can be reached at (585) 345-6350, or the confidential tip line is (585) 345-6370.

Residents are cautioned not to try to apprehend or detain Butler. If seen, witnesses are asked to call 9-1-1 immediately.

According to a release from Batavia PD, investigators are continuing to follow and develop leads in the two recent incidents.

Physical evidence was recovered at the Jackson Street scene and was sent to the NYS Police Forensic Investigation Center in Albany for DNA and fingerprint analysis.

Investigators believe three people were involved in the Jackson Street incident. Two people were identified and questioned and one has been detained on an alleged parole violation and is being questioned further by Batavia PD.

The department is working with members of the Local Drug Enforcement Task Force (the local major crimes unit) and NYS Parole.

“Batavia is not going to tolerant this type of violence,” said Chief Shawn Heubusch in a statement. “We are committed to providing safe neighborhoods for our residents and Police Department and citizen collaboration is vital to maintaining a safe City.”    

Photo and information provided by Tracy Norway.

The seventh- and eighth-grade soccer team from Pavilion went undefeated in 2013, finishing with a record of 11-0-2.

From left, Josh O'Neill, Timmy Zipfel, Joe O'Neill, Zach Weidrich, Cody Penders, Ryan Moffatt, Brandon Wilson, Matt Bernard, Jason Normandin, Coach Hollinger.

Information and photo provided by John Borrelli.

The JV football squad for Notre Dame beat Alexander yesterday to finish out the season with a 7-0 record.

If the varsity beats Attica tonight, it will be the first time in school history that both JV and varsity went undefeated in the same year.

The team is comprised of the following players and coaches:  Peter Daversa, James Farmer, Larry Infantino, Connor Logsdon, Casey Midwick, Chris Morris, Michael Muehlig, Ethan Osborn, Charlie Stevens, Jack Sutherland, Robin Zhang, David Bohn, Freddie Cunningham, Carson Decarlo, Isaiah Flow, Jordan Lyons, Brad Misiak, Tyler Reese, Jake Weatherwax, Jordan Weatehrwax, Caleb Wolcott, Jimmy Zickl, Nico Zambito, Head Coach John Borrelli, Assitant Coaches Chuck Tomaszewski, Bill Sutherland, Bob Zickl, Otis Thomas and Mikey Rapone.

In effort to keep pace with increased expense demands, the County Legislature may need to pass a budget resolution overriding the state's cap of a 2-percent increase on the tax levy, according to County Manager Jay Gsell.

Gsell is recommending an increase to $10.11 per thousand of assessed value, up from the current $9.89 and increasing the total levy by $527,000.

A property tax increase that keeps levy below the cap level would add only $353,000 in revenue.

The total county spending plan, including local and mandated expenses is $149,100,167.

Even though all county departments turned in discretionary budgets that hold the line on local spending, state mandates expenses continue to test the county's ability to generate sufficient revenue to balance the budget.

The big budget issues are the Genesee County Jail, with a state-mandated increase in corrections officers, and the County Nursing Home, with $18.5 million in "heavily mandated" expenses that continue to drain the county's general fund.

Since the state refuses to provide mandate relief or pay the expense of its mandates, a full 71 percent of the county's tax levy goes to these mandated programs.

One of the largest expenses is the $9.96 million in local share of Medicaid.

The county's revenue projections for 2014 includes an anticipated 9-percent increase in sales tax revenue.

To read the full budget message, click here.

Shoplifting at Walmart usually results in a petit larceny charge, but three men from Rochester yesterday allegedly tried to make off with so much loot they were arrested on felony grand larceny charges.

All three were arraigned in Batavia Town Court and ordered held without bail.

Chief Deputy Jerome Brewster said store security informed the Sheriff's Office some time before noon that the three men had entered the store and had been identified as possible thieves at other Walmart locations.

Patrol cars pulled into the Walmart parking lot and waited.

"We waited to see if they were going to pay, or walk out without paying," Brewster said. "They decided they were going to walk out without paying."

The men allegedly pushed out a single shopping cart filled with totes that were filled with merchandise. The men were also accused of having stolen merchandise on them.

The total value of the merchandise was placed at $1,900.

Charged with grand larceny in the fourth degree, a Class E felony, were Keith Lamar Brantley, 43, of Adams Street, Rochester; Michael Joseph Dawson, 49, of Forbes Street Rochester; and Eric Lee Strong, 53, of Wellington Avenue, Rochester.

As brazen as the alleged theft attempt seems to be, Brewster said he believes this sort of crime is common. We just never hear about it.

"I believe this type of retail theft activity is pretty much going on all the time," Brewster said. "The amount of inventory going out of these stores without being paid for is unbelievable."

Robert Daniel Nowakowski, 38, of Bonnie Brae Drive, Darien, is charged with DWI, driving with a BAC of .08 or greater and failure to keep right. Nowakowski was arrested following an investigation into a traffic accident on Route 20, Darien, at 6:39 p.m., Thursday. Nowakowski stated he swerved to avoid a deer and reportedly overcompensated. His car struck a National Grid utility pole, shearing the pole near ground level. The accident was investigated by Deputy Patrick Reeves. (Initial Report)

Richard Matthew Godlove, 35, of Main Street, Oakfield, is charged with DWI, driving with a BAC of .08 or higher, failure to obey traffic control device, moving from lane unsafely and failure to notify DMV of address change. Godlove was involved in a motor vehicle accident at 7:03 a.m., Sept. 14 on Route 237, Byron. Godlove reportedly drove his vehicle on a closed portion of Route 237 and struck a concrete barrier. Godlove was arrested following completion of a toxicology test.

Ellen Marie Martinez, 26, of Main Street, Batavia, is charged with falsifying business records, 1st, and grand larceny, 3rd. Martinez is accused of falsifying Section 8 records while receiving benefits through Pathstone, resulting in $10,054 in wrongfuly obtained benefits.

This afternoon, Batavia Downs hosted a ribbon-cutting and grand reopening of its casino room expansion on the first floor of the historic facility.

The new gaming area has been open for a week and that first week of revenue exceeded by 20 percent the previous record week for Batavia Downs, said Ryan Hasenauer, marketing director for Batavia Downs.

The expanded casino area also includes a new sports bar called Rush 34, officially hosted by former Bills great Thurman Thomas.

Ribbon cutton: Assemblyman Steve Hawley, State Sen. Patrick Gallivan, State Sen. Mike Ranzenhofer and Maurice Gardner, representing the City of Buffalo.

Speaking is State Sen. Patrick Patrick Gallivan, who represents Erie and Wyoming counties, which are counties that also benefit from revenue generated by Batavia Downs.

Speaking, Assemblyman Steve Hawley.

Among the amenities in the expansion is a water fountain that drops water in sculpted form, be it letters spelling out Batavia Downs, symbols from slot machines or geometic patterns. Here's a video of the fountain:

A car accident with minor injuries is reported at Route 33 and Lyman Road in Bergen. Bergen fire and medics are responding. The vehicle is said to be about 20 feet off the roadway into some small trees.

UPDATE 7:35 p.m.: Bergen is back in service.

UPDATE 7:50 p.m.: An 18-year-old male is being taken to UMMC with complaints of left-side pain in his hip, back and ribs.

A car rammed into a power pole at 2510 Broadway Road (Route 20), west of Darien Alexander Townline Road. Live wires are down, a transformer is also down and leaking fluid. "The road is smoldering from arcing wires." Darien fire is responding and Mercy medics.

UPDATE 6:48 p.m.: Alexander Fire Police are called to stop all westbound traffic on Route 20 at Route 98. National Grid has been notified; no ETA given. A responder says a live line is down across the car. The driver is out and denies any injuries.

UPDATE 7:05 p.m.: Attica Fire Police are responding to shut down eastbound traffic on Route 20 at Route 238.

UPDATE 7:54 p.m.: The power for the lines has been shut off.

UPDATE 8:07 p.m.: Route 20 is reopened. Darien, Attica and Alexander are back in service.

A two-car accident is reported at Walkers Corners Road and Byron Road. A 62-year-old subject complains of chest pain. The vehicles are leaking fluid. Byron medics, Byron and South Byron fire personnel are responding.

UPDATE 6:03 p.m.: One of the vehicles is blocking the intersection.

UPDATE 6:42 p.m.: One person was transported to UMMC. Responders are back in service.

Press release:

Last night Congress passed a Continuing Resolution for Fiscal Year 2014, which included funding for the Natural Resources Conservation Service and various other federal agencies.

With the reopening of the Federal Government, each agency has been working diligently to open offices and start addressing the backlog created by the temporary lapse in service.

Here is the status for the Natural Resources Conservation Field Office, Batavia:

1. Field Office reopened Oct. 17th;  procedures for an orderly start-up have commenced.

2. The Genesee County Soil & Water Conservation District has begun moving its temporary quarters back to the USDA Service Center.

3. Web sites and other Web resources are coming back online for conducting daily tasks/operations.

4. Program deadlines will likely be extended – more guidance will be forthcoming.

5. Priority over the next couple weeks will be to insure USDA eligibility issues are being addressed, conservation practices are installed, certified and paid, and processing of new applications.

6. Designs, conservation planning, and HEL/WC requests are currently on hold.

Thank you for your patience during the government shutdown and if you have any questions about the status of your project, application or contract, please feel free to contact Heath Eisele, District conservationist USDA-NRCS Batavia Field Office.
 
Phone: 585-343-9167, ext. 115
Fax: 585-345-1815
Cell: 585-490-9365

A group of at least 12 people who finished touring a local farm returned to the bus only to find it gone. The full-size passenger bus, all their belongings, and the driver -- gone.

One of them called dispatch about their predicament and Sheriff's deputies are going to their location. We're not sure, but believe it is in the Elba area. The dispatcher said there is a language barrier.

UPDATE 5:31 p.m.: The location is on Watson Road, Elba.

UPDATE 5:51 p.m.: The bus driver left apparently over a dispute about payment. The bus that allegedly left the group stranded is described as a white bus with black trim, not as large as a Trailways bus. It has rear doors that swing open and it bears a New Jersey license plate. The male driver is wearing a tan jacket. People are trying to get another bus to the location, but the passports and other personal items are, of course, still on the bus that disappeared.

UPDATE (by Howard): The driver returned of his own volition. He said he felt bad and came back. His name is Hector and he's an independent operator out of New Jersey. He was hired by a company based in Staten Island. He was given a $1,000 up front, but was supposed to have already been paid another $7,800, he said. He showed me a text message from the person he claimed was the owner of the transportation company promising him $5,000 on Saturday. Of course, the tour is over by then so Hector wasn't impressed with promise. Hector agreed to take the tour members back to their hotel in Geneseo. He isn't, at this point, promising to continue with the tour. The tourists are from the Czech Republic on an agriculture tour of WNY.

A driver's alleged attempt to avoid a traffic control device at Route 33 and Batavia Stafford Townline Road drew the attention of a trooper this morning and led to a short pursuit that ended when the car struck a mobile home.

The driver of the car and her passenger where both arrested.

Cailee A. Neiss, 19, of Byron, was charged with several traffic violations including reckless driving and avoiding a traffic control device.

Nickolas Sutherland, 23, of Byron, was charged with criminal possession of a controlled substance, 7th, and unlawful possession of marijuana.

Neiss allegedly drove through the Arrowmart parking lot in an effort to avoid the stoplight at the intersection.

According to State Police, "the operator, upon seeing the flashing lights of the patrol car, attempted to avoid being stopped, drove recklessly turned onto Gaslite Lane and subsequently struck a mobile home causing minor damage."

Nobody was home at the time and there were no injuries reported in the accident.

Neiss was issued a summons; Sutherland was issued an appearance ticket.

Today the New York State Court of Appeals unanimously upheld the murder conviction of Scott Doll.

A jury found him guilty on May 20, 2010 of killing Joseph Benaquist, a fellow former corrections officer and business partner.

The main consideration of the appellate judges was whether the police took appropriate action under what's known as the emergency doctrine in detaining Doll without reading him his Miranda warnings and initially interviewing him without an attorney present. Law enforcement's response "to a serious and ongoing exigent situation under the emergency doctrine" was deemed reasonable.

In the ruling by the seven justices, the circumstances of the case were recapped:

On Feb. 16, 2009, Genesee County Sheriff's Deputy James Diehl responded to a report of a suspicious person walking on Lake Road in Pembroke and he found a man wearing a camouflage hunting outfit and a white hood. The man dropped a metal object and pulled a lug wrench from his pocket and the officer saw what appeared to be wet blood stains on the man's knees, thighs, hands and shoes.

When asked, the man produced a correction officer identity card with his name on it -- Scott Doll, who proceeded to say he was out walking to lower his blood pressure because he had a doctor's appointment the next day. He asked for a ride to his van at a car lot and the deputy agreed to take him there.

Once inside the patrol car, the firefighter who initially placed the 9-1-1 call came to the scene and told the officer that he'd noticed the defendant at the lot and the guy turned away and crouched between two cars to try and hide. Based on this information, the deputy told the defendant he was being detained until the situation was assessed. Doll was frisked and handcuffed.

When asked about the blood on his clothes, Doll said his was wearing his camouflage outfit because it was cold, but didn't explain why the clothes had wet blood on them. The deputy drove Doll to his van and discovered blood in several places inside and outside the van and bloody gloves nearby.

Soon other police officers arrived and noticed blood on Doll's face and noticed he left bloody footprints in the snow. Around this time Doll asked to speak to his divorce attorney. He was then questioned about whether the blood was from a deer or a human, Doll declined to explain the source of the blood or to take the officers to an alleged butchered deer.

Judge J. Gaffeo wrote: "These unusual circumstances caused the deputies to believe that a person may have been injured in an accident or assault so they continued to question (the) defendant despite his request for legal assistance."

Doll repeatedly told officers he couldn't answer their questions and police tried contacting his family and acquaintances to determine whether anyone needed emergency aid. Officers also searched the area for an injured person. Eventually, they went to the defendant's business partner's house and discovered Benaquist bludgeoned to death in his driveway. In the meantime, police impounded Doll's van and took him to the Sheriff's Office, where he was photographed, DNA tested, and his clothes seized.

Hours later, a friend and former coworker asked to speak with Doll. An investigator, who was aware of the business partner's demise, initially rebuffed the visitor. Then the investigator relented and said he would be staying in the room and taking notes.

Doll told the woman that the case didn't involve an animal; he had been present but didn't do anything; the case was "open and shut"; he would be going to jail and probably get what he deserved.

The investigation, indictment for second-degree murder and prosecution followed.

Doll's attorney, Paul Cambria, moved to suppress statements made to police and to his female friend, as well as all the physical evidence, primarily claiming his client had been arrested without probable cause, interrogated in violation of his right to counsel and without receiving his Miranda warnings.

Genesee County Court conducted an evidentiary hearing and ruled the detention and questioning of the defendant were justified under the emergency doctrine. However, County Court did suppress the defendant's DNA test results because the police could've obtained a warrant.

A jury subsequently convicted Doll of second-degree murder and he was sentenced to a prison term of 15 years to life. That conviction was appealed and in 2012 the Appellate Division majority determined the police actions were reasonable in this emergency situation. Two justices dissented, saying the emergency doctrine was not applicable since the police didn't know whether an actual crime victim existed.

The dissension allowed Doll's attorney to then appeal to the New York Court of Appeals. The justices agreed that police properly relied on the emergency doctrine in light of the "peculiar circumstances" they were confronted with because "...the emergency doctrine is premised on reasonableness, not certitude."

As to the defense seeking to suppress statements Doll made to his friend at the Sheriff's Office, saying it amounted to the police using the woman to conduct the functional equivalent of a custodial interrogation, the Court of Appeals disagreed. Its ruling states the purpose of the Miranda rule is to prevent government officials from "using the coercive nature of confinement to extract confessions that would not be given in an unrestrained environment." As a matter of law, Doll's conversation with his friend did not constitute an interrogation.

Finally, as to Doll's challenge of the legality of his detention by police, the panel ruled it had no merit.

With the basketball season only six weeks out, some of the regions top hoops players have been heading over to the Batavia High School gym two days a week to drill on the game's fundamentals -- shooting and ball handling.

"It's a lot of skill work and a chance to get a ball in their hands," said Buddy Brasky, Batavia's boys varsity head coach and leader of the mini-camp, which he's been running for about six years.

Jeff Redband, a junior with Batavia, has been coming to the camp for five years, said his participation has definitely improved his game.

"This camp is based on the basics, so you don't learn new stuff, but it makes you better at the things you really need to know," Redband said.

Each session includes ball-handling exercises and shooting drills, but Brasky noted drilling just two days a week isn't going to cut it. The 45 players participating -- which range in age from eighth grade to high school seniors -- need to practice and play every day if they're going to improve.

"We tell them you can only do so much here," Brasky said. "You've got to take what we do here -- we're only here two days a week -- and go home and do it on your own at home."

One of the drills involves shooting 100 baskets from at least 12 feet out, but that's just a drop in the bucket for the amount of practice necessary to become a competent shooter.

"The games give them the opportunity transfer what they're learning in skills in a game situation," Brasky said.

"You've got to get a couple hundred shots in a day," Brasky said.

Following drills, the players break off into four-on-four games, which give the kids a chance to play against players from all over the region, not just Genesee County and not just their own schools.

All that drilling on fundamentals has really paid off for Elba's Haley Brown.

"It helps a lot," Brown said. "It's made me a lot better shooter and ball handler and it shows during the season."

To purchase prints of photos, click here.

Press release: