The Genesee County Jail medical staff is being accused of mishandling the medical needs of an inmate going through narcotics withdrawal prior to his death while in custody in July.

Nikko C. Gambino, 42, was originally arrested for impersonating law enforcement officers. He was later accused of smuggling drugs into the jail while on weekend incarcerations.

The NYS Commission of Correction investigated Gambino's death and a report obtained by the Democrat and Chronicle through a FOIL request is critical of jail medical staff.

Specifically, nurses who allegedly missed “florid signs and symptoms of worsening acute withdrawal."

A nurse reportedly refused Gambino his prescribed medication during his weekend incarcerations.

According to the D&C story, Gambino, as a consequence, suffered tremors, sweats, hallucinations and delirium, but nursing staff allegedly failed to recognize the signs of withdrawal and the need for medical attention.

Gambino's family has reportedly filed a lawsuit against the county over his death.

The Batavian requested a statement from Sheriff Gary Maha about the report, but he has been in meetings all morning and has been unable to respond.

UPDATE 2 p.m.:  Here is a statement from Sheriff Gary Maha on the report:

Sorry for the delay in responding. I have been in meetings since early this morning. I really can't comment too much with regard to the Commission of Correction report as a lot of it deals with the medical condition of the inmate. However, we disagree with several portions of the report. It is easy to Monday morning quarterback situations such as this and the Commission is known for criticizing jails and jail staff whenever there is a death in a jail. We do not agree with Commission use of such verbiage as "gross incompetent" and "gross negligence" as they describe the actions of our medical staff. Our medical staff is not incompetent and did not act with gross negligence. This is the Commission's language and is not based upon any determination of fact. Mr. Gambino was a drug user and abuser which also, in my opinion, played a part in his death. The time period from when jail staff saw Mr. Gambino, where he appeared to be okay, to the time he was found unresponsive was only approximately twenty minutes.

We did receive the preliminary report from  the Commission back in December 2012 and shortly thereafter I met with my Jail Superintendent and Medical Staff to discuss the content of the report. We did implement some of the recommendations outlined in the report and are in the process of reviewing and upgrading all of our medical standards.

For previous stories about Gambino, click here.

Press release from Empire State Development:

Western New York Science, Technology and Advanced Manufacturing Park – Priority Project (Finger Lakes Region – Genesee County) – Grant - $500,000; Loan $1,100,000

Designated a Priority Project by the Finger Lakes Regional Economic Development Council, the Western New York Science, Technology and Advanced Manufacturing Park (STAMP) will create significant opportunities for semiconductor, flat panel display, photovoltaic, and bio-manufacturing projects.

The Genesee Gateway Local Development Corporation (GGLDC), which serves as the recipient of ESD’s grant and loan, was established in 2004 to handle industrial park development and serves as a conduit for assistance to private companies. Since its inception, GGLDC has completed five park developments across Upstate New York – each of which have infrastructure completed and are able to accommodate new business developments.

In 2005, GGLDC identified a market need to develop a much larger park than those previously developed. Such a mega site, of at least 1,000 acres, would seek to attract a large-scale advanced manufacturing project. GGDLC identified a site in the Town of Alabama, and since 2008 has expended several million dollars for preliminary multifaceted feasibility studies, completed an Environmental Impact Statement, and conducted community outreach and began to acquire property. In order to continue developing STAMP as New York State’s third mega site, ESD is providing a grant of up to $500,000 and a loan of $1.1 million to assist in the purchase of 364 acres of land at the site for the next phase of development.

GGDLC currently owns 143 acres with the option to purchase another 1,073. This real estate transaction will allow for design, engineering and construction for the initial infrastructure at the site, which will be completed by the end of 2014.

This project will position Western New York State as a hub for advanced technology manufacturing and spur significant regional economic growth. There is potential for up to 1,200 jobs at the STAMP site by 2016, and over 9,300 projected jobs at full build-out in 2032.

Juliette Anne Moore, 33, of Wayne Street, Lancaster, is charged with criminal use of drug paraphernalia, criminal possession of a weapon, 4th, and unlawful possession of marijuana. Moore was arrested on a warrant following her release from the Erie County Jail on a unrelated matter. Moore was arraigned in Town of Batavia Court and released under supervision of Genesee Justice.

Jamie Lynn Edenholm, 25, of Gabbey Road, Pembroke, is charged with unlawful possession of marijuana. Edenholm was arrested Wednesday. No further details were released.

Eldon Javier Ortiz, 18, Buell Street, Batavia, is charged with petit larceny. Ortiz is accused of shoplifting at Kmart. Arrested at the same time on the same charge was Phillip Matthew Boyd, 18, of Redfield Parkway, Batavia.

Route 20 was shut down for a time early this morning after a DOT truck driver reportedly fell asleep at the wheel and his truck collided with a tree near Brookville Road, Alexander.

The accident was reported at 2:06 a.m.

The driver, Thomas D. Drumstra, of Brookville Road, Alexander, was not injured and no other vehicles were involved.

Alexander Fire Department responded to the accident.

Drumstra was driving at 2003 International dump truck registered to the NYS Department of Transportation, according to a Sheriff's Office accident report.

No citations were issued.

The accident was investigated by Deputy James Diehl.

While the month of March has hardly been spring-like, Tuesday's weather brought forth an abundance of woodpeckers, songbirds and bushytails in the small woodlot that borders our property. And with the emergence of foliage yet a long way off, conditions were ideal for taking their picture.

First on the scene was this female cardinal. In the soft light of early morning and still plenty of chill in the air, she forages along the ground and spots remnants of last year's seed. 

As the sun climbed higher more birds arrived, like the downy woodpecker pictured above and in the top photo. The "downies" were difficult to capture with the camera, as they kept rapidly flitting about, from tree to tree and branch to branch.

It was only a matter of time before the red squirrel population was heard from. On this day there were several working the same area. This one stopped briefly on the trunk of an aged cottonwood.

From an adjacent walnut tree, this red-bellied woodpecker seems to be sizing up the main trunk of the cottonwood and, with the red squirrel present, weighing its options.......

and then deciding to go for it.

A lone gray squirrel showed up -- even with the red squirrels in close proximity.

Despite the chill in the air and patches of snow on the ground, between the blue sky and the arrival of some furred and feathered friends, it was a good day.

Emergency dispatchers helped Lt. Greg Steele celebrate his retirement from the Batavia Police Department overnight with a cake.

Submitted photo.

New York Times: U.S. Sends Stealth Bombers Over South Korea in Practice Run

Periods of heavy snowfall hit Batavia this afternoon, and though the flakes were big and wet, not much stuck anywhere.

More cold, snow and rain is in the forecast through Friday night, but we should see some sun on Saturday. Sunday's forecast -- for Easter -- is cold with a 50-percent chance of rain.

The cold and wet start to spring is expected to continue for another week or so.

This week at the Yngodess shop we are featuring Fetzer Gewurtztraminer for $8.99! It pairs well with your ham dinner. Stop in today and pick up a bottle! Like us on Facebook to stay up to date on current specials! The Yngodess is located at 73 Main St., Batavia. (585) 343-3170. We'll be open 12 to 4 p.m. on Sunday. From our family to yours, have a blessed Easter holiday!

Press release:

This year’s Super Mammoth Sale at St. Joe's is expected to be the largest event to date and will also be the last sale organized by longtime volunteer Kathy Stefani. The event, dubbed WNY’s largest indoor garage sale, is in its 9th year and has raised more than $100,000 for Catholic education. Earlier this year, a tearful Stefani told officials at St. Joseph School that she will retire at the conclusion of this year’s sale saying she had been “Called to spend more time with her family.”

In John 6:12, disciples were told to “Gather up the leftover fragments, that nothing may be lost,” and in that fashion, Stefani has turned others’ junk into treasure for the school. Her yearly work includes collecting, storing, cleaning and selling hundreds of thousands of donated items that are stored at seven different sites. Nearly 150 volunteers are utilized, including two dozen cashiers for the one-day sale.

The event has grown from humble roots when Stefani held a community garage sale to benefit St. Anthony’s Church in Batavia in 2005. It has grown every year since and last year raised more than $29,000, with all proceeds benefiting St. Joe’s.

This year’s event will, of course, include stalwart items like antiques, books, artwork, furniture and household goods but in addition, there will be over 250 die-cast cars and trucks for sale, many of them still in their original boxes. The donation that came from a parishioner who had lost her husband and wanted to the see the collection sold for a good cause.

“Kathy does a remarkable job and is irreplaceable,” said Karen Green, the school’s principal. “She has poured her heart and soul into this event and writes personal thank you notes to everyone that donates an item. She has made Mammoth one of our top fund-raisers and we will be hard-pressed to find a successor.”

The Super Mammoth will be held from 9 a.m. – 4 p.m. on Saturday, April 6th at the school located at the corner of Main and Summit streets in Batavia. The doors will be closed from 12:30-12:45 p.m. and the shelves will be restocked. There will also be a chicken BBQ or BBQ ribs available for purchase. For more information call 585.343.6154.

Press release:

In response to widespread correspondence from his constituents, Assemblyman Steve Hawley (R,I,C-Batavia) recently shed light on changes to the Basic STAR program in this year’s state budget.

Many property owners have expressed concern that their benefits will be revoked due to changes to the program in this year’s budget. However, the alterations merely call for those currently enrolled to register with the Commissioner of Tax and Finance through a yet-to-be-created form by April 1, 2014.

The purpose of the registration program is to verify a recipient’s eligibility and to determine if a homeowner is receiving more than one Basic STAR exemption.

“As the economy continues to struggle and property taxes become more of a burden for our families and businesses, it is critical that we ensure those who need and deserve relief are receiving it,” Hawley said.

“The changes to the Basic STAR program are meant to enforce the current requirements for eligibility and will not affect any property owner who currently qualifies. This measure will help protect funding for those who truly need it and deliver sorely needed relief to our families and businesses.”

Press release:

New York State Department of Environmental Conservation reminds residents of the annual burning ban from March 14 through May 15.

During this time period, no open burning shall be allowed. Violators of the open burning regulation are subject to both criminal and civil enforcement actions, with a minimum fine of $500 for a first offense. To report a violation call 1-800-TIPP DEC (1-800-847-7332), or report online on DEC's Web site.

Additional information from DEC: http://www.dec.ny.gov/press/80920.html

 
 

Press release:

Assemblyman Steve Hawley (R,I,C–Batavia) is preempting his regular outreach office hours for Genesee County residents this week in observance of Good Friday. The weekly Friday meeting at Genesee Community College will resume as scheduled next week.

Press release:

Batavia resident Jenna Hubbard may have just gotten her big break to become a star. Hubbard, who uses the stage name Jenna Vera, has been selected along with boyfriend/manager Timothy Walton to be two cast members on a new upcoming national television reality show series. It's set to begin filming in September on a premier national station (can't yet be disclosed due to release agreements).

The show, which will be filmed at a large mansion in Hollywood, California, is hoped to be one of the next hottest fashion and modeling television shows. The show will feature eight models who, along with their managers, will all live in one house and be given the opportunity to shape the pathway to success using the guidance of Hollywood's most experienced talent agents, models and actors.

Overview: 
Throughout the United States, thousands of models, actors and actresses push themselves to make it big. Many with goals to be the next big thing. Some have the connections to make it happen, others have the talent, and even fewer just get lucky. "Making a Marilyn" takes eight models and eight managers and puts them in one huge mansion where they will live together for two months and give them all the tools to make it big. 

The house: 
A 10-bedroom, 10,900-square-foot house located in Hollywood. The house contains a party balcony, movie theater, bowling ally, party, walk-in in-ground pool, waterfall hot tub, full outdoor kitchen and patio, and outdoor party games. Each casting couple will have their own room, where they can bring personal belongings to the house and will be the only ones that have access to the room, with the exception of the house maid if you choose. Similar layout to the Playboy Mansion. 

The catch: 
All the aspiring talent will be faced with challenges to see how bad they want to make it. With all the tools in front of them, they will also have all the tools to set them up for failure. Free access to all the hottest party spots, weekly spending and shopping privileges as well as multiple options that the talent will have to choose which path to take to success. 

The drama: 
With all the models living in the same house, there is sure to be some drama. Models will have the opportunities to work together, or not work together, and to make the best decisions as they learn and shape their career path to success or party to disaster. To spice up the action, not only will the gorgeous females share the house with the handsome male talents, but the husbands, wives and boyfriends/girlfriends will be there as well, who have been managers to the talent as they grew their careers to the current point.

Lawrence Bruce Cawker, 80, of Main Road, Corfu, is charged with stalking in the 4th degree. He allegedly followed a female victim around her workplace, sent numerous cards to her, left packages at her residence, and made numerous inappropriate comments to her. According to the Sheriff's Office report, this persistent conduct continued after the defendant was repeatedly told to cease such conduct and has placed the victim in fear of her and her family's safety. He is to be arraigned at 1 p.m. on Thursday, March 25, in Le Roy Town Court.

Darcy Lynn Booth, 19, of Hill Street, Hornell, is charged with unlawful possession of alcohol and fraudulent procurement of alcohol by means of a fake ID, following a physical confrontation that reportedly occurred while at Walmart in Batavia. It is alleged that Booth was in possession of a bottle of liquor and the ID of a person over the age of 21. She was issued an appearance ticket and is to be arraigned at 1 p.m. April 29 in Batavia Town Court.

Margaret Isabel Clancy, 19, of Meadowbrook Road, Arkport, is charged with driving while intoxicated, driving with a BAC of .08 Percent or higher, and consumption of alcohol in a motor vehicle. On March 27, following the investigation of a harassment complaint that happened on Veterans Memorial Drive in the Town of Batavia, Clancy was arrested on the charges after she was allegedly involved in a physical altercation with another person while operating a motor vehicle in an allegedly intoxicated condition. She was issued an appearance ticket for Batavia Town Court and is to appear there at 1:30 p.m. on April 18.

Press release:

The New York State Senate has completed passage of the 2013-14 State Budget. State Senator Michael H. Ranzenhofer (R, C, I – Amherst) has issued the following statement:

“The State Senate has finished passage of an early State Budget for the third year in a row – a first in over 30 years. The 2013-14 State Budget is a balanced, fiscally responsible plan that closes a billion dollar budget gap without tax increases.

For middle-class families, the budget provides over $1 billion in tax relief over three years to make up for the value of child tax credits eroded by inflation and ensures the continuation of the lowest personal income tax rates in 60 years.

For senior citizens, the budget fully funds the EPIC prescription drug program, providing 270,000 seniors with help in affording their prescription drugs, and delivers $912 million in property tax relief to senior homeowners as part of the Enhanced STAR program.

For every person with a utility bill – both residents and businesses – the budget will phase out the energy tax surcharge over three years, rejecting the Executive Budget proposal to extend the tax for five more years.   

Under the fiscal plan, businesses will be in a better position than last year to grow our economy and create jobs. In addition to relief from the phase out of the energy tax surcharge, the budget saves businesses almost $1 billion by reforming workers’ compensation and unemployment insurance programs. Hundreds of thousands of small businesses and manufacturers will get a reduction in taxes, too.

While I am disappointed that tax relief – for small businesses, homeowners, seniors, and middle-class families – couldn’t be greater, the budget continues to move our State in the right direction by easing the tax burden for all Western New Yorkers.”

March Madness isn’t just for basketball lovers. DIRECTV is granting football fans' wishes everywhere and offering the NFL Sunday Ticket FREE for NEW customers that sign up with the Choice Package and above. Are you in a Fantasy Football League? NFL Sunday Ticket makes it easy to track your players.

Call us and set up an appointment or stop down and let us help you make the switch today!! IR Systems, 309 W. Main St., Batavia, NY. Call 1-800-319-2129 or visit us online at www.wnydtv.com

A one-vehicle rollover accident with injuries has been reported on Route 262 at Chapel Road.

A person may be entrapped and is reportedly unresponsive.

Byron and South Byron fire along with Mercy EMS responding.

UPDATE 9:05 a.m. (by Billie): The victim is trapped beneath the vehicle. Mercy Flight was called, then cancelled. Fire police are shutting down traffic at routes 262 and 237. Pembroke is called to provide mutual aid, along with Elba, which is asked to bring air equipment to jack up the vehicle.

UPDATE 9:16 a.m.: Bergen is called to stand by in Byron's fire hall and Oakfield is called to stand by in Elba's.

UPDATE 9:23 a.m.: Mercy medics are back in service.

UPDATE 9:34 p.m.: Responders say they will be at the scene for quite awhile and that it "looks pretty bad" there. Bergen's standby in Byron is cancelled and South Byron will return to stand by in their own quarters.

UPDATE 9:53 a.m.: A coroner is at the scene.

UPDATE 10:02 a.m.: Fire police are shutting down traffic at Transit Road and Chapel Road.

UPDATE 11:53 a.m. (by Howard): Correction: This was a two-car accident.

An SUV southbound on Chapel T-boned a westbound pickup truck. The pickup truck rolled and the driver was ejected and became trapped under his vehicle. The IDs of the drivers have not yet been released. The driver of the SUV was not seriously injured, or not injured at all. He declined transport to a hospital. The driver of the truck was pronounced dead at the scene.

We'll add pictures from the accident scene to this post later.

UPDATE 12:15 p.m.: Route 262 is reopened. Byron and South Byron back in service.

UPDATE 3:29 p.m.: The deceased is Jeremy C. Murray, 28, originally from Hamlin, was living in Clarendon and is the father of a small boy. The name of the other driver is Terry A. Boyce, 57, lives on Lewiston Road in Alabama. Boyce was cited for failure to yield and an additional citation may be pending. Investigators do not think drugs or alcohol were factors.

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Heading back to Batavia from the fire in Darien yesterday, I passed this barn I've passed many times, but this time it seemed like a good time for a picture. This seems like a very well-preserved barn. The location is just east of Smithley Road on Route 20.