Skip to main content

Route 20 closed for truck accident, downed wires

By Howard B. Owens

Route 20 in Darien is closed for an accident involving a tractor-trailer that hit at least one utility pole. 

A second truck apparently became entangled in low-hanging power lines following the initial accident. 

The driver of that truck has been instructed to stay in his cab pending arrival of National Grid. 

Two utility poles are down.

The first truck may be transporting some sort of radioactive material, perhaps used in X-rays. 

Darien Fire Department is on scene. 

Alexander fire has Route 20 shutdown at Route 98. 

UPDATE 12:39 a.m. : A chief informs dispatch, "we have power lines down on both sides of the road and a truck in the middle of the road that is energized. We're really not going to be able to do anything until National Grid gets here. No ETA for National Grid. 

UPDATE 5:41 a.m.: Route 20 is being reopened.

Man suspected of firing shots at patrol vehicles Monday morning arrested

By Howard B. Owens

A 49-year-old Alabama resident is being held without bail and facing two felony charges in connection with an alleged shots-fired incident at a residence on Bloomingdale Road early Monday morning.

Reuben Lay is charged with criminal possession of a weapon, 3rd, and reckless endangerment, 1st, both Class D felonies. He's also charged with misdemeanor counts of criminal obstruction of breathing or blood circulation and harassment, 2nd.

The incident began at 1:49 a.m. when dispatchers received a call from a woman on Bloomingdale Road saying she had been strangled.

As a deputy and trooper responded, she told dispatchers that her alleged assailant had gone into another room of the house and was trying to get his hands on a gun. She then reported he had the gun and had loaded it.

By the time law enforcement arrived, she was outside, in the driveway.

Shortly after the officers reported being on scene and speaking with the caller, a deputy told dispatchers, "Genesee, he just shot at my car. All units are backing out of the driveway. He just shot at the car."

A trooper then says, "We're out of there. Another gunshot."

An officer then said, "It sounds like a .22 rifle."

"They're close. They're close," said a deputy. "Wherever he's shooting from, get the --- out of there."

Minutes later, the Emergency Response Team was requested to the scene.

Because it was not a hostage situation and there was no signs of immediate danger, the ER team assembled at Batavia PD took some time making preparations to respond. About an hour later, the decision was made by the Sheriff's Office that ERT would not be needed.

We've requested more information from Chief Deputy Gordon Dibble about what happened next, but with the holiday, he has not responded to our request for more information.

Tonight, a press release about the arrest of Lay as the suspected shooter was issued by the Sheriff's Office.

Previously: Active shooter reported on Bloomingdale Road

Photos: First snow of the season

By Howard B. Owens

Linda Delecki, a Buffalo resident, came out from her job at Advanced Imaging in City Centre, and exclaimed, "Isn't the snow beautiful?" She then pulled out her camera phone and took a picture of her car before wiping away the snow with a friend's brush.

Just as the weatherman predicted, we're getting snow tonight and the roads are slick.

Below, a picture of St. James.

Box trailer on its side on Route 63, Pavilion

By Howard B. Owens

A tractor-trailer is on its side on Route 63 near Starr Road.

All traffic is being stopped at Starr Road.

Pavilion fire is on scene.

No word yet on injuries, if any.

UPDATE 9:37 p.m.: Fire chief, "Be advised, he's carrying turkeys." Dispatcher responds, "Copy. No potential hazard there."

UPDATE 9:43 p.m.: Responding Mercy medics advised they can take their time responding.

UPDATE 10:24 p.m.: Route 63 reopened. Pavilion back in service.

Slick road conditions possible overnight and into the morning

By Howard B. Owens

Rapidly dropping temperatures following rain could mean snow and black ice conditions on roadways tonight, the National Weather Service said in an advisory.

It's possible more than an inch of snow will fall on Batavia overnight.

Untreated roadways and sidewalks could be particularly slick during the night and into the morning. Bridges and overpasses could be susceptible to icing.

Caution is advised while driving.

Law and Order: Bail bondsman brings in suspect on warrant

By Howard B. Owens

Kenneth S. Lathrop Jr., 27, of 428 Garden City Drive, Syracuse, was arrested on a bench warrant. Lathrop was delivered to Batavia PD headquarters by a bail bondsman. Lathrop was arraigned in City Court and jailed on $5,000 bail or bond.

Steven E. Palmer, 28,of 361 Center St., Caledonia, is charged with felony DWI, felony driving with a BAC of .18 or greater and disobeyng traffic control device. Palmer was stopped by Le Roy PD on Friday. He was jailed on $1,500 bail.

LaShana Tonika Jones, 39, of Audubon Parkway, Syracuse, is charged with petit larceny. Jones is accused of shoplifting $119.84 in merchandise from Walmart.

Jeffrey Keith Wahr, 45, of Crittenden Road, Alden, is charged with DWI, driving with a BAC of .08 or greater and speeding. Wahr was stopped at 1:36 a.m. Sunday on Sumner Road, Darien, by Sgt. Brian Frieday.

Arthur Mack Osborne, 47, of West Main Street, Batavia, is charged with assault, 3rd, and endangering the welfare of a child. Osborne is accused of pulling another person to the floor by the person's hair and then hitting and kicking that person. A child was allegedly in the room. Osborne was jailed on $500 bail.

Zachary J. Ayres, 19, of 544 Bankside Drive, Hamlin, is accused of failure to appear on charges of petit larceny. Ayres was arrested by Officer Jason Ivison on the warrant, arraigned and jailed on $500 bail or $1,000 bond. Ayres was also charged with obstructing governmental information for allegedly providing a false name and information when previously arrested.

Katherine M. Luderman, 34, of 336 Ellicott St., lower, Batavia, was arrested on a bench warrant for disorderly conduct. Luderman was released after paying the remaining $50 of a fine.

A 17-year-old Hutchins Street resident is charged with falsely reporting to law enforcement an incident. The youth allegedly filed a false report of a residential burglary.

Kyle W. Nash, 26, of 219 N. Spruce Street, #76, Batavia, is charged with harassment, 2nd. No details released.

Andrew J. Duckworth, 34, of 128 Jackson St., Batavia, is charged with harassment, 2nd, endangering the welfare of a child and criminal mischief. Duckworth was arrested following an alleged domestic incident. He was jailed on $1,000 bail.

Daniel T. Henning, 33, of 120 S. Swan St., upper, Batavia, is charged with petit larceny. Henning is accused of shoplifting from Tops. He was jailed on $1,000 bail.

Tammy L. Schenck, 37, 20 N. Spruce St., A12, Batavia, is charged with acting in a manner injurious to a child less than 17 years old and harassment, 2nd. No details released.

Eric R. Kelm, 32, of 25 Union Square, Batavia, is charged with DWI, driving with a BAC of .08 or greater and failure to use headlights with windshield wipers. Kelm was stopped at 2:32 a.m. Saturday on Summit Street, Batavia, by Officer Arick Perkins.

Photos: Genesee County honors its veterans

By Howard B. Owens

Local veterans made the rounds this morning of Veterans Day services at locations throughout Genesee County. Starting at the Genesee County Park, they proceeded to the VA Medical Center, the NYS Vets Home, the Upton Monument, St. Jerome's and GCC.

Here are photos from the VA and from Upton.

Bottom photo is from GCC, where the college opened a lounge for student-veterans.

Governor signs legislation renaming portion of Route 98 to honor veterans

By Howard B. Owens

Assemblyman Steve Hawley said he's just received word that Gov. Andrew Cuomo signed today -- on Veterans Day -- a piece of legislation he sponsored to rename Route 98 from Attica to Lake Ontario "The Genesee-Orleans Veterans Memorial Highway."

Hawley said he was proud that the governor supported his request to rename the highway and that Cuomo signed the bill on Veterans Day.

"We should recognize veterans 365 days a year and this helps do that," Hawley said.

Senators Mike Ranzenhofer and George Maziarz sponsored the bill in the Senate.

"As a proud veteran myself and the son of a World War II veteran and the ranking minority member of the Veterans Affairs Committee in the Assembly, I thought it important to recognize what veterans have done for our country," Hawley said.

Grand Jury indicts convicted child molester on 11 new counts

By Billie Owens

These are the latest indictments issued by the Genesee County Grand Jury.

Sean M. Vickers, a former Batavia resident and convicted child molester now living in Geneva, is indicted on 11 counts. The first accuses Vickers of a course of sexual conduct against a child in the first degree, a Class B violent felony. It is alleged that in Genesee County, over a period of time between Nov. 2, 2001 and Feb. 23, 2004, this adult male engaged in two or more acts of sexual conduct, which included at least one act of deviate sexual intercourse, with a child under 13 years old. In count two, Vickers is accused of predatory sexual assault against a child, a Class A-II felony, for allegedly engaging in two or more sexual acts, including at least one act of deviate sexual intercourse, with a child under 13. This allegedly occurred between the summer of 2012 and Nov. 8, 2012 in Genesee County. In counts three and four, he's accused of criminal sexual acts, 1st, Class B violent felonies, for allegedly engaging in oral sexual conduct between Nov. 9, 2012 and the spring of 2013. In count five, he's accused of allegedly engaging in anal sexual conduct, a Class B violent felony, also within the aforementioned time frame. In count six, Vickers is accused of predatory sexual assault against a child, a Class A-II felony, for engaging in two or more sex acts, including at least one act of deviate sexual intercourse, with a child under 13. These acts allegedly occurred between the summer of 2012 and Nov. 8, 2012. In counts seven and eight, he is accused of criminal sexual acts, 1st, Class B violent felonies, for allegedly engaging in oral sexual conduct with a child under 13, sometime between Nov. 9 and the spring of 2013. In count 10, he's accused of first-degree sexual abuse, a Class D violent felony, for allegedly subjecting a person under age 11 to sexual contact. In count 11, Vickers is accused of a misdemeanor -- endangering the welfare of a child -- for allegedly knowingly acting in a manner likely to injure the physical, mental or moral welfare of child under 17. This allegedly happened between June 2012 and March 2013.

Michael J. Elmore, Nicholas J. Adkins and Rebecca G. Morse are indicted for burglary in the third degree, a Class D felony, for allegedly entering or unlawfully remaining in a paint store on Liberty Street in the City of Batavia on June 1 with the intent of committing a crime. In count two, they are charged with petit larceny -- stealing cash, a Class A misdemeanor, in the same alleged incident.

Karen L. Jones is accused of driving while intoxicated, a Class E felony. It is alleged that on June 30 in the Town of Batavia she drove a 2008 GMC on Route 63 while intoxicated. In count two of the indictment, Jones is accused of aggrevated DWI by allegedly having a BAC of .18 or more at the time.

Jonathan E. Fox is indicted for driving while intoxicated, a Class E felony, for allegedly driving a 2005 Chevrolet on Route 19 in the Town of LE Roy while intoxicated. This allegedly occurred on May 23.

Patrick O. Spikes is indicted for the crime of third-degree criminal mischief, a Class E felony, for allegedly damaging another person's property -- a 2001 Nissan -- in an amount more than $250. This allegedly occured on Aug. 10 in the City of Batavia.

Active shooter reported on Bloomingdale Road

By Howard B. Owens

State Police and Sheriff's deputies are at a location on Bloomingdale Road where a person with a gun is apparently firing shots.

One officer said it sounded like a .22 rifle. Another said, "that last shot came from over by the woods, by the car."

The county's emergency response team (aka SWAT) is being dispatched.

UPDATE 2:39 a.m.: A reader who heard the start of the call said it began with the report of a domestic disturbance, with a female caller reporting the male half was threatening to kill her. A Mercy ambulance is dispatched, we believe as a precaution. Also Alabama fire is being assembled at its hall.

UPDATE 3:57 a.m. (by Billie): The ERT response is cancelled. Mercy medics and Alabama firefighters are back in service. No further information available at this time.

UPDATE 4:18 a.m.: At this point, we don't have any further information about what actually happened and how local law enforcment handled (or decided to handle) the situation. We will provide any updates that become available.

Detective worries there may be more victims locally of alleged child molester

By Howard B. Owens
Current booking photo Sex offender registry

It's not hard to imagine there are possibly more victims locally of Sean Vickers, who is facing multiple felony counts of alleged child sexual abuse in Genesee and Niagara counties, said Det. Kevin Czora.

Vickers was indicted Friday on 10 more felony counts stemming for the alleged abuse of four victims from the 1990s to the 2000s in Batavia. The 44-year-old Geneva resident was originally arrested in May following an investigation by Batavia PD that started when Niagara County investigators brought information to local detectives about potential victims in the city.

Since Vickers lived in more than one residence in the county over the years, Czora said, it's possible -- if Vickers is the kind of monster the charges against him suggest -- that there are victims out there whom local investigators know nothing about.

"Currently, just by the numbers we're aware of, he's a serial abuser," Czora said.

That's why local investigators are asking anybody who knows anything about Vickers and possible victims to contact law enforcement.

To contact Batavia PD, call (585) 345-6350 or outside the city, contact your local law enforcement agency.

Vickers is accused of sexually molesting three boys in the Barker and Middleport areas last year. Last month he was indicated in Niagara County on six counts of predatory sexual assault against a child. He faces from 25 years to life in prison on the Genesee and Niagara counties charges.

At the time of his arrest, Vickers was already a registered Level 3 sex offender. He had a misdemeanor conviction for a sexual act in Monroe County and in 2009 he was convicted of a felony in New Hampshire for victimizing an underage boy there.

Last May, David A. Vickers, the 49-year-old brother of Sean, was arrested on a federal charge of transportation of a minor with intent to engage in sexual activity. The charge carries a maximum possible sentence of life in federal prison.

David Vickers is accused of molesting a boy from Buffalo over a 10-year period and a Batavia boy over a five-year period, according to the Buffalo News. The first case allegedly began in 1989 and the second in 1999.

Sean Vickers allegedly introduced his brother to the Batavia boy.

When news broke of Vicker's arrest in May, the media reports prompted some people who are now adults to come forward and report they were allegedly abused by Vickers.

In the cases of those adults, however, the alleged crimes happened at a time when the state's statute of limitations on child sexual abuse was five years.

That doesn't mean, however, knowing about those alleged acts and gathering that evidence is a waste in the Vicker's case, Czora said. The more evidence gathered, the more it will help in the prosecution of the alleged crimes that aren't covered by the statute of limitations.

"We've reached out as best we can and now it's a matter of them reaching out to us to let us know what they're aware of and if they've been abused," Czora said. "Some of them, depending on the time frame, we may not be able to do anything criminally, however, there's always counseling, which every victim is entitled to even if the case is prosecuted or not."

For the adults who did come forward after the news came out, there was a sense of closure, Czora said.

"Each case makes the other cases that much stronger and it shows the seriousness and how far Sean Vickers has gone and how he damaged so many different lives," Czora said. "All that can be used later through the courts."

VIckers is currently being held in the Genesee County Jail on $500,000 bail or $500,000 bond. The judge in Niagara County ordered Vickers held without bail.

Russ Romano, Italian-American of the Year, to be honored tonight at Batavia Downs

By Billie Owens

Press release:

Russ Romano has a long and impressive list accomplishments on his resume and he'll add another one Saturday night (Nov. 9) when Batavia Downs honors him as the "Italian-American" for 2013.

Romano will join past award winners including Joe Gerace, Chuck Zambito, Ray Cianfrini, Joe Teresi and Charles Ruffino. He'll be honored in the winner's circle after the seventh race tonight.

To say Romano his a diverse resume would be an understatement.

His athletic career included being a professional steer wrestler in the International Rodeo Association of Pauls Valley, Okla. He was a linebacker for the Hamilton Tiger Cats of the Canadian Football League (CFL) and also coached at Brockport State and Rochester Institute of Technology. Romano was also inducted Section 5 Football Hall of Fame in 2003.

Currently a realtor for Nothnagle in Batavia, Romano has held many titles in a vast array of organizations. He was the president of the Genesee Community College Foundation, president of the Genesee County Board of Realtors, director of the Greater Buffalo Realtors Association, director of the New York State Association of Realtors and the regional vice-president of the New York State Association of Realtors.

Romano also has served as past president of the Genesee County Chamber of Commerce, district chairman for the "Genishua District" of the Boy Scouts of America and the president of the Genesee Chapter of the National Wild Turkey Association.

As a volunteer, Romano's work includes being the chairman for the Genesee Cancer Assistance Program where he also coordinated the Annual Festival of Hope and Annual Golf Tournament. He also is the recipient of the "Teddy Award" for his work with Camp Good Days and Special Times.

Besides being an author of many professional and educational tools for the real estate industry, Romano is also on the list of "Who's Who in the Professional of Speakers" where he has given numerous workshops and seminars throughout the country since 1983.

Romano is married to his wife, Gillian, and they have two children, David and Stephanie. They are also grandparents to nine and great-grandparents to one.

Overnight robbery of convenience store in Bergen prompts Sheriff's Office to seek public's help

By Billie Owens

Press release:

The Genesee County Sheriff's Office is investigating a robbery that occurred early this morning at the Sugar Creek store on Route 33 in the Town of Bergen. At about 1:30 a.m. a white male entered the store and demanded cash from the clerk. He implied he had a weapon although none was displayed. The clerk complied with the demand and the suspect was able to flee with cash from the register. The suspect was last seen leaving the store on foot headed east. If anyone has any information regarding the incident please contact the Genesee County Sheriff's Office at (585) 343-5000.

New charges filed against former Batavia resident accused of child sexual abuse

By Howard B. Owens
Current booking photo Sex offender registry

A former Batavia resident arrested in May for allegedly sexually abusing children in Batavia decades ago was indicted yesterday on 10 more felony sexual abuse charges.

The indictment is the result of an ongoing Batavia PD investigation that has uncovered four more alleged victims.

Vickers is accused of sexually abusing the children over a 12-year period starting in the 1990s.

He was indicted on one count of a course of sexual conduct against a child, a Class B felony, two counts of predatory sexual assault against a child, a Class A-II felony, six counts of criminal sexual act first, a Class B violent felony, one count of sexual abuse, 1st, a Class B felony, and one count of endangering the welfare of a child, a misdemeanor.

The 44-year-old Vickers was a resident of Geneva at the time of his arrest in May.

He was indicted later that month on a count of course of sexual conduct against a child in the first degree, a Class B felony. He was accused of engaging in two or more acts of sexual conduct, which allegedly included at least one act of deviate sexual intercourse with a child less than 13 years old. The alleged incidents occurred between Nov. 2, 2001 and April 16, 2002.

Vickers is being held in the Genesee County Jail on $500,000 bond or cash bail.

The investigation is being lead by Det. Kevin Czora.

The police remain concerned that there could possibly be more alleged victims in the community. To contact Batavia PD, call (585) 345-6350 or outside the city, contact your local law enforcement agency.

Photo: Hometown Spirit

By Howard B. Owens

Trisha Riggi sent in this picture of Le Roy elementary school students who lined Wolcott Street in Le Roy to give the Oatkan-Knights a hometown send off for their big game in Rochester.

The Knights lost to Wayland Cohocton, but the whole community is proud of what they accomplished in 2013.

Le Roy suffers OT loss in Class C championship game

By Nick Sabato

Le Roy’s football team came up just short as they fell in overtime to Wayland-Cohocton in the Class C championship, 14 to 8.

Head Coach Brian Moran was in search of his 14th sectional championship in 25 years, and a Section V record, 15th in school history, but it was not to be for the Oatkan Knights.

“They really worked hard and both teams were well prepared,” Moran said. “That led to a defensive struggle all day.”

The game was the definition of a defensive struggle for the majority of the game, as the game headed into the fourth quarter with a scoreless tie.

Class C Offensive Player of the Year Devon Harris entered the game averaging over 170 rushing yards per game and yet to be held under 100 all season long for Wayland-Cohocton. However, the Oatkan Knights managed to bottle him up for most of the game, holding him to 98 yards on 18 carries.

“I thought we played very well defensively against a young man who is an extremely talented athlete,” Moran said. “I thought we shut him down pretty well, but we just didn’t make plays when we needed to.”

The Eagles struck first, as quarterback C.J. Ellis found tight end Darren Becker for a 40-yard gain down to the Le Roy 15-yard line. Two plays later, Ellis found Reece Chapman for a 13-yard score. Harris would punch in the two-point conversion to give Way-Co the lead two minutes into the fourth quarter.

Le Roy wouldn’t need long to respond, as quarterback Mike McMullen found Ryan McQuillen two plays later, and he sprinted 70 yards down the sideline to put the Knights on the scoreboard. McMullen then found Nick Egeling for the two-point conversion to knot the game at eight apiece with nine minutes to play.

The Eagles appeared to be driving again, but Egeling managed to step in front of an Ellis pass to halt the drive at Le Roy’s 30-yard line.

After failing to move the ball, Way-Co drove the ball again deep into Le Roy territory, but it was the Knights’ defense who came up big again, stopping the Eagles inches short of a first down late in the ball game.

Le Roy took possession and marched onto Wayland-Cohocton’s side of the 50-yard line, but a rare Knight turnover halted a chance at a go-ahead score as McMullen and running back Peter Privitera were unable to complete at handoff late in the game.

“It happens, it's high school football,” Moran said. “It's 16-, 17-, 18-year-old kids, and you can’t worry about it. You just have to pick yourself up and keep playing.”

The Eagles would take the first offensive possession on overtime and marched inside the Le Roy 10-yard line, but the defense would initially hold strong.

Zach Fitzsimmons came up with a big sack on third down to knock Way-Co back to the 12-yard line, but Ellis would find Chapman on the exact same play as the first touchdown to put the Eagles in front 14-8.

On Le Roy’s first offensive play of overtime, McMullen found Egeling for a gain of nine yards, but the Knights were never able to pick up that final yard as McMullen was unable to connect with Pierce in the end zone on second down, and Privitera was stopped short on the final two plays of the game to give Wayland-Cohocton their first sectional championship in school history.

“We just tried to get the first down,” Moran said. “We just tried to score and hopefully get a chance to kick an extra point to win, but today it just didn’t happen.”

The Le Roy trademark rushing attack was held in check all game, as the Eagles held them to a season-low 76 yards. Privitera finished with just 30 yards on 11 carries in the final game of his superb high school career.

McMullen finished the game 10-of-22 for 165 yards and a touchdown. McQuillen caught five of those passes for 108 yards.

Le Roy’s defense played well, holding the Eagles to under 200 yards of total offense, registering four sacks and forcing three turnovers.

Ellis entered the game having thrown only one interception all game, but the Knights managed to intercept him twice on the game, and he finished 5-of-12 for 73 yards to go along with his two touchdowns and two interceptions.

Wayland-Cohocton (9-1) will go on to face the winner of the Section VI championship game next week in the Far West Regionals.

Le Roy will finish their season at 8-2 as they fell in the Class C final for the second consecutive season.

“They had a great game plan defensively,” Moran said. “We played well, but obviously they made one more play than us and congratulations to them.”

Top Photo: Reece Chapman, Wayland-Cohocton's running back, crosses the goal line for the game's first points in the fourth quarter after catching a 13-yard pass from C.J. Ellis.

Ryan McQuillen outruns the Wayland-Cohocton defense after grabbing a swing pass from QB Mike McCullen for an 80-yard TD reception to tie the score in the fourth quarter.

To purchase prints of photos, click here.

Car vs. deer accident results in injuries to 4-year-old girl

By Billie Owens

A car vs. deer accident resulted in minor injuries to a 4-year-old girl. It occurred about 15 minutes ago at Pratt and Indian Falls roads in East Pembroke. A responder says the deer crashed through the vehicle's window, shattering glass which cut the child's face. Her hair is also full of pieces of broken glass. Mercy medics and East Pembroke and Indian Falls fire departments are on scene.

UPDATE 6:19 p.m.: The assignment is back in service.

Key to Lawson case is one of intent in the single-punch altercation after July's Kid Rock concert

By Billie Owens

Most of the information in this post was provided by WBTA.

The first oral arguments of the defense, lasting about seven minutes, were heard in the case of Craig Lawson, who is accused of hitting Jason McNeil after the Kid Rock concert at Darien Lake this summer.

Lawson was not present in Genesee County Court today. He lives in Canada, more than three and a half hours from here, and this absence was excused by the court. (He did appear when he pled not guilty.)

He is charged with a single count of second-degree assault. To win a conviction on that in New York, a prosecutor must prove that the defendant intended to cause serious physical injury.

His defense co-counsel, Buffalo-based Joel Daniels, says it was a one-punch fight, not a brawl, and there aren't many examples of how those have been prosecuted. Lawson is also represented by Michael Ranzenhofer.

They looked through hospital records which said the victim has no facial broken bones or really any indication on his face of a fight. He was hurt, rather, when he fell down and hit his head.

Obviously, there's the question of intent. With a single punch, was Lawson trying to inflict the serious injuries which McNeil sustained? The defense maintains that was not Lawson's intention.

According to court documents, McNeil's head hit the ground and he was in a coma for more than a week. Records show the victim underwent a surgical procedure to have part of his skull removed.

Daniels says he understands that his client the alleged victim -- a former WNY resident who currently lives in Alabama -- is doing better now.

Alcohol was a factor in the incident and hospital records indicate the victim could have had a BAC of .19 at the time.

Initially, Lawson was charged with a misdemeanor, assault 3rd, and bail was set at a $1,000. Once it became apparent that McNeil's injuries were serious, the charge was upgraded and a grand jury indicted Lawson on a single felony count of second-degree assault.

The defense team will review the grand jury transcripts. They believe there is insufficient evidence to support the assault, 2nd, charge. They want the court look at all of the circumstances, including the way in which the punch was delivered and the likelihood that its impact was made worse by running (which was not clearly explained).

The DA's Office said that of course the prosecution can get a conviction on the crime as charged.

Top Items on Batavia's List

Authentically Local