Just three weeks after being released from state prison, John J. Saddler, 26, has been accused of attempting to rape a young woman while in a motel room on West Main Street Road, Batavia.

According to state police, the young woman had been hanging out at the motel with friends and relatives Saturday evening when she joined a group of other women who were talking with Saddler in his room.

After awhile, the other women left, leaving the alleged victim alone with Saddler. He allegedly locked the door and tried to force himself on her.

Saddler is charged with attempted rape, 1st, criminal obstruction of breathing, forcible touching and unlawful imprisonment.

While Saddler was allegedly trying to rape the young woman, a group of people who had been with her and Saddler returned to the room and found the door locked.

That was apparently a violation of the motel's rules, according state police, so Saddler opened the door and "acted nonchalant."

The alleged victim later told another woman what happened, but didn't go to the State Police barracks on West Saile Drive until the next day.

According to state police, the woman was hesitant to come forward for fear of reprisals from Saddler's family.

Saddler is being held on bail in the Genesee County Jail.

On Aug. 11, Saddler was released from the Collins Correctional Facility after serving nearly six years on a pair of felony assault charges.

One of the assault charges stemmed from an incident in October 2006. Saddler was accused of assaulting a Batavia police officer and damaging a police vehicle by jumping on top of it after an officer found he possessed marijuana.

Criminal investigators want to know more about this cigar box.

Obviously, it once held 25 Arturo Fuente Flor Fina 858 cigars, but what interests investigators is how it wound up yesterday morning at a location in the Village of Oakfield.

It's location has investigators in the Sheriff's Office thinking it may be related to a recent rash of burglaries in the area.

The box was found shortly after at least three burglaries in the village two nights ago.

The recent series of burglaries have been "pretty nervy," said Investigator Kris Kautz.

The burglars are entering homes when people are home and likely to be awake, such as later afternoon and evening hours, and grabbing anything of value that can be snatched quickly, such as a purse, wallet or a box of potential valuables.

"They're going in when people are home and that's scary stuff," Kautz said. "We don't want something ugly to happen."

The same M.O. has been reported with a series of burglaries in Albion and in one case there, two unidentified young white males were spotted at a time that have investigators thinking they may be involved.

If you are the owner of the box, or if you're the person who placed it where it was found (or know who did place it there), or have other information about the recent burglaries, contact the Sheriff's Office, Investigator Kris Kautz, at (585) 343-5000.

Inside your home - Kitchen

• Dishwasher – Periodically check for leaks under the sink where the hose connects to the water supply. Look around the base of the dishwasher for evidence of leaks, such as discolored, warped, or soft flooring materials, or water damage to nearby cabinets.
• Refrigerator – If your refrigerator has an icemaker, make sure the hose connection is securely attached to the water supply line. Also, a wet spot on the floor may be a sign of a crimped icemaker line about to burst.
• Sink – Replace deteriorated caulk around sinks, and check the pipes under the sink for leaks. A slow-draining pipe may indicate a partially blocked drain that needs cleaning.

Click headline to read more after the jump:

Bathroom

• Showers and bathtubs – Remove and replace deteriorated or cracked caulk and grout. Water can leak through these damaged sealants, causing stains or soft areas around nearby walls and floors.
• Sinks – Check under the sink for leaks from water supply lines or drainpipes.
• Toilets – Clogs can result from too much toilet paper or objects such as hanging bowl deodorants. Also, some chlorine tablet cleaners may corrode internal plastic or rubber parts, leading to a leak.

Basement, Laundry or Utility room

• Washing machine – Check hoses regularly for bulging, cracking, fraying, and leaks around hose ends. Replace the hose if a problem is found or every three to five years as part of a proactive maintenance program. To help make sure the hose doesn’t kink, leave at least four inches (or 11 centimeters) between the water connection and the back of the washing machine.
• Water heater – Most water heaters last eight to 15 years. Wet spots on the floor or a rusted tank may signal a leak. Water heaters should be installed on the lowest level of the home, next to a floor drain, or inside a drain pan piped to the floor drain.
• Sump pump – Battery-operated back-up sump pumps can help protect against power failure or failure of the primary pump. Test the sump pump before the start of each wet season. Sump pumps are not intended to last more than 10 years and must have some components replaced or serviced within those 10 years.

Since water may still come through an overflowing drain or cracks in the foundation walls, make sure items stored in the basement are kept off the floor. Furniture should be on casters or shims and arranged away from floor drains.

Stopping leaks at the source

• Check for hidden leaks. First, turn off faucets and all water-using appliances, and don’t flush toilets for one hour. Then, record the water meter reading. If the flow indicator (triangular or diamond-shaped rotating button) is spinning or the meter reading has changed while no water is being used, a leaking pipe may exist.
• Make sure everyone in your household knows where the water shutoff valve is and how to open and close it. Check it frequently for problems, and shut off the water if you will be away from your home for several days or longer.

Outside your home - Roof

• Keep the roof free from leaves, twigs, and other litter to allow for proper drainage. 
• Make sure air can flow freely through all soffit and roof vents. This will reduce the buildup of heat and moisture and help extend the life of the roof.
• Consult a professional on using a preservative or cleaner (depending on the type of roof you have) to help limit the weathering effects of moisture and retard growth of molds and mosses.
• Keep trees trimmed to prevent them from rubbing against the roof or providing excessive shade.
• Replace missing, curling, cupping, broken, or cracked shingles.
• Watch for damage in valley areas of the roof, and around the flashing at chimneys, vents, and other junctions.
• Check your attic around flues, plumbing vents, and chimneys for roof leaks, especially if you’ve noticed water stains on the ceiling.

From the gutters to the ground

• Clean debris from your gutters and downspouts, and inspect them regularly. Think about installing gutter shields if your gutters frequently fill with debris.
• Place splash blocks at the end of downspouts to carry water away from the foundation, or add an extra length of downspout if necessary.
• Every spring, have the air conditioning (A/C) system serviced by a qualified contractor. Make sure their service includes inspecting and cleaning the A/C condensation pan drain line. Change the air filters on a regular basis.
• Before winter starts, disconnect garden hoses from all spigots and turn off each spigot’s water supply.
• Replace any damaged caulk around windows or doors.
• Repaint wood siding as needed.
• Fill in any low spots next to the house to help water drain away from the foundation.

Hardware that can help

Even after taking the preventions we’ve discussed here, check frequently around the house for signs of leaks. It’s important to find them before they cause serious damage. Of course, it’s impossible to keep watch for signs of trouble 24 hours a day. Fortunately there are water leak detection systems that can help.

Water alarms

• These systems are usually battery-operated, stand-alone units. The moisture sensor on the device will sound an alarm when it senses moisture.
• Water alarms are inexpensive and easy to install. They can be placed on the floor or mounted on a wall. They should be located in high-risk areas such as under sinks and near appliances and equipment that use water. 
• This device can help only if someone is inside the home, hears the alarm, and takes action. 

Individual appliance systems

• These systems are installed on a specific appliance and will automatically shut off the water supply in case of a leak. 
• Depending on the type of device, you may be able to install this system without any special tools. However, in some cases, a qualified plumber may be needed.

Whole-house systems

• These systems feature a shut-off valve that is installed on the main water supply pipe. When a leak is detected, the system will automatically shut off the entire water supply.
• If you travel often, this type of system could help you rest assured while you are away from home.
• Whole-house systems typically take between four and six hours to install and a qualified plumber is normally required. For a product list, visit statefarm.com®

For more information on how to prevent water damage and improve home safety, please contact Mark Lewis at State Farm® at (585) 343-4959 or visit us online at: www.marklewisagency.com.

The air is getting cooler and the leaves will begin to change soon, which means it is once again football season. Several area teams are looking to have big seasons or build upon last year’s success. Here is a look at each local squad:

Batavia High School Blue Devils
2012 Record: 3-5
Head Coach: Brennan Briggs (2nd Season)

Second-year Head Coach Brennan Briggs is embracing a daunting task ahead of him and his football team. Batavia High is moving from an independent schedule back into the Monroe County League. Of their seven games, six will come against Class A schools.

“I truly believe Monroe County is the best league for speed, athleticism and talent in Section V, so it will be a tough task for us,” Briggs said. “We are a Class B school, with six of our seven games coming against Class A schools, which have a little bigger pool to choose from.”

Briggs and his coaching staff have been stressing mental toughness, and doing the little things to offset any physical disadvantages. The Blue Devils have also adopted a new motto, “keep chopping.”

“We have been stressing that there is only one speed. There is no practice speed or game speed, everything is done at full speed,” Briggs said. “We’ve been trying to instill that mental and physical toughness to try and limit any physical disadvantages we may face.” 

The Blue Devils will be led by Brandon Stevenson, a player who will see time at both quarterback and running back, as well as in the defensive backfield. Senior Nick Canzoneri, who was the team’s leading rusher a year ago at the fullback spot. Three-year varsity player Devon Koepp will lead an inexperienced offensive and defensive line.

Batavia will be inexperienced at certain positions this season but that doesn’t seem to concern Briggs.

“We will be relying on quite a few sophomores at a few spots on offense,” says Briggs. “I not only think that they are up to it now, but it will help them in the long run.”

The Blue Devils open up the season on the road with a matchup against Edison Tech on Saturday afternoon.

Alexander Trojans
2012 Record: 2-6
Head Coach: Tim Sawyer (10th Season)

Alexander has not reached the sectional playoffs since 2009, but they look to bounce back this year under Head Coach Tim Sawyer, who has spent 10 years overall as head coach, this being the second season after a hiatus.

One of the players that Sawyer will lean on heavily will be 2012 Genesee Region League All-Star Zach Laird, who finished the season with 24 receptions, 351 yards and three touchdowns, including a 10-catch, 141-yard outing against Holley last fall. 

Another returning G-R All-Star is senior lineman John George, who should anchor the line. Quarterback Nelson Burke returns from a year ago, as well as running back/linebacker Dylan Scharlau to help guide the Trojans to success.

Alexander opens the season at home on Saturday against Elba/Byron-Bergen.

Elba/Byron-Bergen Lancers
2012 Record: 6-2
Head Coach: Michael Cintorino (3rd Season)

Elba/Byron-Bergen had a disappointing end to their 2012 season after being upset at home to Bath in the first round of Class C playoffs. The Lancers also have a great deal of offensive firepower to replace from a year ago, including the Genesee Region League’s leading rusher, Zack DuBois (1,632 yards and 16 touchdowns), as well as the league’s second-ranked passer, Zac Gillard (921 yards and 12 scores). However, the Lancers do return a trio of players from a year ago that helped them to a share of the league crown.

One of those returning players is the 2012 Class C Defensive Player of the Year, Andy Underhill. Underhill racked up an astounding 154 tackles, including 27 for a loss. He should also see more time on offense this year, where when called upon, he was effective (8.2 yards per carry on 31 touches). 

Another G-R League All-Star returning for Elba/B-B is senior Brandon Naylor, who will make the transition from offensive line to running back this fall. Naylor made a name for himself on defense last year, finishing second on the team with 87 tackles, 28 for a loss. 

The third returning G-R League All-Star is defensive back Austin Yockel, who will be looked at to be the receiving threat for quarterback Garrett Chapell. Yockel was second on the team in receiving a year ago with 287 yards and three touchdowns.

Reigning G-R League Coach of the Year, Michael Cintorino’s Lancers open the season on Saturday with a trip to Alexander. 

Le Roy Oatkan Knights
2012 Record: 8-2
Head Coach: Brian Moran (25th Season)

Le Roy has a New York State record 14 sectional championships in school history, 13 under Head Coach Brian Moran, but they have not managed raise a banner since 2008.

This year could be different for the Knights. After reaching the sectional finals, only to lose to Hornell in the midst of their 51-game winning streak, Moran’s squad returns with a host of weapons this fall. The arsenal includes senior running back Peter Privitera, who rushed for 962 yards and 12 touchdowns in only eight games due to injuries toward the end of the season. Privitera will be joined in the backfield by junior Tom Kelso, who proved himself highly valuable in Privitera’s absence toward the end of the season. Kelso was second on the team in rushing last year with 485 yards and eight scores.

The key to the success of the offense this season could be the play of strong-armed junior quarterback Mike McMullen, who threw for 655 yards and nine touchdowns a season ago. McMullen showed capabilities of igniting the offensive attack last year with a 7-of-10, 150-yard performance against Bath in the Class C semifinals in 2012. It will also help to have his top target from last year back in junior Ryan McQuillen, who accounted for half of McMullen’s yards last year (323 on 12 receptions) and also reached the end zone six times. 

The defense will be led by Kelso, the team’s leading tackler a year ago, at linebacker. The defensive front should be solid also with the return of junior Kody Lamkin, senior Brian Van Grol and Anthony Paladino, who transferred from Notre Dame. 

The Oatkan Knights will begin the pursuit of Coach Moran’s 14th sectional title on Friday night at Hartwood Park, ironically against Hornell, whose 51-game winning streak was snapped in the State championship game. But if Le Roy aims to hoist another trophy, it would be fitting to start their quest against the Red Raiders.

Notre Dame Fighting Irish
2012 Record: 8-2
Head Coach: Rick Mancuso (9th Season)

The 2012 season was one for the record books for Coach Rick Mancuso’s Notre Dame squad. Not only did they grab a share of the Genesee Region League title, but they were the only team from Genesee County to win a sectional championship; the school’s first since 2006 after narrowly missing several times, where they defeated Clyde-Savannah, 26 to 6. 

One of the big reasons for last season’s success was the play of quarterback Tim McCulley, who is back as a third-year starter at quarterback. McCulley set several school passing records, including 1,127 yards and 18 touchdowns, including a 270-yard, three-touchdown performance against Attica. He is also a dual-threat, picking up over 300 yards on the ground and scored on a punt return and an interception last year. 

Despite losing leading rusher Nick Taylor and top receiver Jared Thornton to graduation, McCulley will have a number of weapons due back at his disposal including 6-foot-4-inch tight end Charlie Herbert, running back Andrew Mullen, as well as receivers Jason Hart and Josh Johnson. So, Mancuso doesn’t believe that the offense will miss a beat.

“We have seven players who saw time returning on both sides of the ball,” Mancuso said. “We are very pleased with the way that the new additions to our program have stepped up and we expect big things from them this year.”

Notre Dame has also lost a number of key players along the offensive and defensive line, including John Lapple (graduation), Anthony Paladino (transfer to Le Roy) and Brenden Von Kramer (transfer to Pembroke). The Irish do return a few big bodies such as senior Tim Taylor, who will anchor the front for the Irish.

Losing so many big bodies and having a roster of just 18 players also doesn’t seem to concern Mancuso and his staff.

“We’ve got size, but we are a spread team,” Mancuso said. “So, we don’t necessarily need size to compete. Our talent and our numbers dictate that we are a spread team so we will be just fine.”

The Fighting Irish begin defense of their Class D crown with a home game against Holley on Saturday afternoon.

Oakfield-Alabama Hornets
2012 Record: 5-4
Head Coach: Brian Palone (5th Season)

After finishing the 2011 season winless, and being outscored 84-0 in the first two games of 2012, Brian Palone’s Oakfield-Alabama squad finished the season 5-2. It was the Hornets’ first winning season since 2008 under Jon Dowd, but Palone will look to continue to push Oakfield back to the powerhouse it once was. 

The Hornets return four-year starter Chris Nanni, who was a standout on both sides of the ball a year ago, registering 75 tackles while punching in 10 rushing touchdowns. 

Chase Manzella also returns after being a do-it-all player last year. Manzella split time between running back and quarterback last year, but with the emergence of Allen Chatt at quarterback last season, Palone should be able to keep him in the backfield alongside Nanni. 

Oakfield-Alabama will open up their season at home with a tough test against Attica on Saturday night.

Pembroke Dragons
2012 Record: 1-7
Head Coach: Justin Loeber (2nd Season)

The 2012 season was a forgettable one in several aspects for Pembroke. Low numbers and an 0-7 start, including a game that was forfeited due to being unable to field enough players for that week, led to a poor start to the head coaching career for Justin Loeber.

However, the Dragons finished strong, shutting out Geneseo in the Connors and Ferris Bowl to end the season. Now, Loeber is looking to build off of the momentum started at the end of last season.

“Our biggest weapon is that we that confidence now,” Loeber said. “We have players who played a lot as sophomores, have a year under their belt and know the system and have confidence in the system.”

Pembroke returns all but three players from a season ago that saw them play several underclassmen. They also return to key players, quarterback/safety Tyler Bruning and running back/linebacker Pete Thomas.

“Tyler is our general on the field,” Loeber said of Bruning. “Football is his sport, he loves it. He knows the offense and he can direct anyone on where to go.”

Thomas was the team’s lone G-R League All-Star from 2012, and the Dragons will lean on him heavily after compiling 250 yards and four touchdowns on offense, while leading the team with 75 tackles on defense.

“Pete is a three-year varsity player,” Loeber said. “We called him up as a sophomore and he knows what it takes to be successful. The other players really look up to him and he is becoming a solid leader for us.”

Pembroke will open up the season at home against C.G. Finney on Friday night.

Schedule for Genesee County Football Teams on Opening Weekend

Friday, September 6

• 7:00 p.m. – C.G. Finney at Pembroke
• 7:30 p.m. – Hornell at Le Roy

Saturday, September 7

• 1:30 p.m. – Batavia at Eidson Tech
• 1:30 p.m. – Elba/Byron-Bergen at Alexander
• 1:30 p.m. – Holley at Notre Dame
• 7:00 p.m. – Attica at Oakfield-Alabama

Press release and photos submitted by Douglas R Mellentine:

The "Ghost Riders Drum & Bugle Corps" based in Batavia, NY, took home the coveted "1st Place World Title" in the "Mini Corps" competition. The Drum Corps Associates World Championships were held at the Navy-Marine Corps Memorial Stadium this past Labor Day weekend in Annapolis, Md.    

The "Ghost Riders" were formed in 1996 to compete in the "DCA World Championships." This is the 18th consecutive appearance for the "Ghost Riders" -- a record that may never be broken by anyone else. They own two 1st Place titles, the first in 2000 and now again 2013.  

Many hours of preparation went into achieving this goal. They defeated the reigning Champion "Star United" from Indianapolis, an undefeated corps, who has held the title for the past six years. This year was no exception for them, "Star United" was on their game as well.

Special mention must go to the following for their contributions to this achievement. 

First, a Huge Thank You to the membership who have worked so hard to make this a reality.

Second, special thanks to The Salvation Army of Batavia, who allow us to use their facility for winter rehearsals. 

Third, Thank You to Donny Allen our music arranger and instructor, who painstakingly gets us to a level we need to be, in order to achieve such a lofty goal. 

And finally, thanks to the neighborhood near Clinton Street and Grandview Terrace, who through the summer months, hear the sounds of music coming from GRC (Ghost Riders Central) in the backyard at 63 Clinton St.

As director and founder of "Ghost Riders Drum & Bugle Corps," I could not be happier.  Not only to win this title, but to observe the friendships and camaraderie this fine group of individuals has developed throughout the years. As we always say "GO GHOST"!!!

Bonnie S. Olsandi, 44, of 31 Montclair Ave., Batavia, is charged with falsely reporting information about an actual offense/incident. Olsandi is accused of providing false information to police about an actual incident in an attempt to have the wrong person arrested for the alleged crime.

Haley H. Humphrey, 19, of 21 Wood St., Batavia, is charged with offering a false instrument for filing and falsely reporting an emergency. Humphrey is accused of falsely reporting a domestic incident.

Melissa A. Broadbent, 35, of 52 Walnut St., Batavia, is charged with obligation of a parent or guardian. Broadbent was arrested because of alleged curfew violations after her 15-year-old son was apprehended following an investigation of a report that two males were attempting to break into cars near the fire hall. The alleged incident was reported at 11:26 p.m., Sunday. Also charged was Priscilla M. Aiken, 40, of 2 Miller Ave., Batavia.

Joshua R. Hofer, 17, of 67 Mechanic St., Elba, is charged with unlawful possession of marijuana and unlawful possession of alcohol under age 21. Hofer was arrested following an investigation by Batavia PD into a reported disabled vehicle on Walnut Street at 4:07 a.m., Saturday.

Lena M. Evans, 26, of 46 Washington Ave., upper, is charged with petit larceny. Evans is accused of shoplifting at Tops.

Micahel L. Kennedy, 26, of 45 Prospect Ave., Batavia, is charged with felony DWI, felony driving with a BAC of .08 or greater, aggravated unlicensed operation and driving a vehicle without an interlock device. Kennedy was stopped at 1:05 a.m. Saturday on West Main Street by Officer Felicia Degroot.

Ted E. Kingsley, 40, of 119 State St., upper, Batavia, is charged with petit larceny. Kingsley is accused of stealing an 18-pack of beer from Tops.

Douglas A. Porter, 43, of Basom, is charged with DWI, driving with a BAC of .08 or greater and consumption of alcohol in a motor vehicle. Porter was stopped by Deputy A.J. Previty of the Wyoming County Sheriff's Office at 1:15 a.m. Tuesday on Route 354, Town of Bennington. Previty responded to a report of an erratic driver coming into Wyoming County from Erie County. Porter was jailed on $500 bail.

Elan B. Pire, 24, of Elba, is charged with criminal obstruction of breathing and unlawful imprisonment, 2nd. Pire was arrested by State Police for an alleged incident reported at 8:51 p.m. Saturday in the Town of Byron. No further details released.

The following people were arrested during the  Maroon 5 Concert at Darien Lake Performing Arts Center on Wednesday.

Emily L Simmons, 21, North Central Avenue, Springville, is charged with two counts of second-degree harassment after allegedly grabbing a security guard by the head and then kicking several deputies and security guards. Simmons was jailed on $250 bail.

Patrick P. Sheridan, 45, Via Cimato Drive, Clarence Center, is charged with second-degree harassment and resisting arrest after allegedly pushing a security guard and then resisting arrest by refusing to be taken into custody.

David J. Irwin, 49, Pinyon Court, Clarence Center, is charged with two counts of second-degree harassment after allegedly pushing a security guard and then pushing and hitting another security guard in the face.

Joseph M. Ciliberto, 42, Pine Terrace, Orchard Park, is charged with second-degree harassment after allegedly striking a deputy during an investigation. Ciliberto was jailed on $250 bail.

Kara M. Balog, 22, Cochran Avenue, Springville, is charged with second-degree harassment after allegedly pushing a deputy after repeatedly being told to leave the venue. Balog was jailed on $200 bail.

Amanda N. Hayden, 21, Hefner Drive, Webster, is charged with disorderly conduct and second-degree harassment after allegedly causing a disturbance in the venue and then punching a deputy in the chest after being instructed to leave the concert venue. Hayden was jailed on $300 bail.

Amanda C. Snyder, 20, Woodhaven Circle, Hamburg, issued a citation for using another’s license.

The following people were cited for alleged consumption or posession of alcohol under age 21:

Brandi L. Hartman, 19, Railroad Avenue, Arcade
Emily M. Nichol, 20, Celtic Lane, Rochester
Marissa J. Lake, 19, Chesterton Road Rochester
Amber M. Adolf, 19, French Lea Road, West Seneca

Times-Union: Cuomo: Sheriffs don't choose laws to enforce

A passerby reports seeing a resident at 693 E. Main St., Batavia, trying to put out a porch fire with either a garden hose or a pan of water.

City fire responding.

The location is just within city limits. A first responder reports the fire is out, but smoldering.

UPDATE 11:31 p.m.: Fire is out. Ventilating.

View Larger Map

If you've driven down West Main Street Road, Town of Batavia, recently you might have seen this peacock off the side of the road.

It's the creation of Mike Cleveland, town justice. He's started decorating his yard for fall. The idea was inspired by a trip he and his wife made to Maine last year where they saw several yards creatively decorated using bales of straw. He said that since farmers are often willing to loan out straw, he's hoping other residents will catch onto the idea.

The most significant news out of County Court today is that Craig Lawson showed up.

Lawson is accused of hitting Jason McNeil, a former WNY resident living in Alabama, following the Kid Rock Concert at Darien Lake in July.

Following the punch, according to court documents, McNeil's head hit the ground. He was in a coma for more than a week and has been hospitalized since.

Initially, Lawson, who lives in Canada, was charged with a misdemeanor, assault 3rd, and bail was set at a mere $1,000.

Once it became apparent that McNeil's injuries were serious and McNeil might face an upgraded charge, there was concern in the community that Lawson would just skip his next scheduled court appearance.

Last month, a grand jury indicted Lawson on a single felony count of second-degree assault.

Today, Lawson appeared before Judge Robert C. Noonan and pled not guilty.

To win a conviction on an assault, 2nd, charge in New York, a prosecutor must prove that the defendant intended to cause serious physical injury.

Noonan dismissed a similar charge against Jacquetta Simmons in the Walmart case, ruling that the grand jury had not received enough evidence to sustain the assault, 2nd, count (Simmons was convicted by a jury on a subsection of assault in the second degree dealing with hitting and injuring an elderly person).

Mike Ranzenhofer, co-counsel with Buffalo attorney Joel Daniels, for Lawson, said it's hard to compare different cases and until the defense has received all of the supporting documents from the DA's office, it's hard to say if the charge can be supported.

But he expressed skepticism that his client is guilty as charged.

"This is a one-punch situation," Ranzenhofer said. "I don't think anything was intended here. That's pretty clear. But we'll have look at the documents once we get them."

The DA's office is dealing with another reportedly one-punch assault case right now, as well.  Last month, Batavia resident Scott Baker suffered a fractured skull when he was punched on Harvester Avenue. In that case, Shane Bell is accused of delivering a single punch that was the direct cause of Baker's injury.

Baker remains in critical condition and in a coma at ECMC.

Lawson is accused of delivering a hit that caused the victim to fall to the ground and hit his head.

Assistant District Attorney Robert Zickl said that of course the DA's office believes it can get a conviction on the crime as charged.

"We're very confident presenting that to the court and ultimately to a jury," Zickl said.

Last week, a page that had been set up by Pam McNeil to supply followers with status updates about her husband's medical condition, reported that McNeil was improving and that she was hopeful he would soon return home to Alabama.

Two nights ago, McNeil complained in a status update that the media was using the page to "harass" her and announced she would be removing the page from Facebook. As of today, the page no longer exists. She offered no details on what she considered harassment.

It took nearly three hours for Benjamin Muntz to find out that Judge Robert C. Noonan would be tacking another two to four years onto his prison term.

In the arcane labyrinth of our judicial system's sentencing guidelines, there was no clear cut answer on what to do with Muntz's case.

It's that complicated.

In January, Muntz entered guilty pleas to counts of burglary, 3rd, and grand larceny, 4th. Rather than show up for his sentencing in March, he flew south. He also became a suspect in another burglary and was charged with another felony.

Eventually, he was caught and returned to Genesee County.

He was sentenced in April by Noonan to three and a half to seven years in state prison and charged with bail jumping.

If the only charges against Muntz were those earlier felonies and the bail jumping, the sentencing guidelines are clear: Any sentence Muntz received on bail jumping would need to be served consecutively (not at the same time, or concurrently) with his other sentence.

As part of a plea deal, Muntz had received a one and a third to three year sentence cap on the bail jumping charge.

The curve for Noonan was that newer burglary, 3rd, charge.

If Noonan gave Muntz another three and a half to seven on that charge, could the bail jumping sentence be concurrent with that sentence, or would it need to be served consecutively?

Noonan didn't have the answer. The attorneys for the prosecution and the defense didn't have the answer. The prison guards who transported Muntz in his DOCs green jumpsuit to County Court today certainly didn't have the answer.

After consulting his law books and case law in chambers and conferring with attorneys -- in between hearing other cases -- Noonan concluded that if the second burglary sentence was consecutive then the bail jumping sentence would be consecutive to that.

In other words, Muntz would be looking at more than eight years and up to 17 years in prison.

Through his attorney, Thomas Burns, Noonan offered Muntz a deal: waive his sentence cap on the bail jumping conviction so Noonan could sentence him at two to four years and Noonan would make his other burglary charge, at three and a half to seven, concurrent with his prior sentence.

Once Burns got it all thoroughly explained to Muntz, with a little assistance from one of the prison guards, Muntz agreed to the arrangement.

For prior coverage on Muntz, click here.

Honor, duty, country. For Jason M. Jewett, those words were more than platitudes, said family and friends following his funeral today in North Pembroke.

His coffin was draped in stars and stripes when it arrived at the cemetery after a procession of more than 100 cars through Batavia and East Pembroke. Two honor guards, with white cotton gloves and golden aiguillettes, removed the flag from the casket and with solemn precision folded it into a razor-sharp triangle.

A guard raised his white-gloved hand toward the deep blue sky. Honor, duty, country, he pronounced loudly enough for God to hear.

"For a young man, he was very patriotic," said his mother, Joyce Jewett, after the service. "He loved his country. He loved his fellow man. He helped people in need everywhere he saw people in need. For a young man with a short career, he accomplished a lot in a short time."

Jewett was an agent with ICE and helped train the agency's Special Response Team.

Team members traveled from as far away as Texas to honor their comrade, who died Friday in a traffic accident on East Eden Road, Eden, in Erie County.

More than 250 people attended his funeral.

The Oakfield native touched many lives, making friends instantly with everybody he met, regardless of race or background or means, said longtime friend Nathan Fix.

"He could walk into a room and, even though you never met him, you would smile," Fix said. "He would smile. He had no enemies."

Deputy Joseph Corona counted Jewett as his best friend.

It was Jewett who lured Corona into law enforcement.

"Law enforcement is a path we both enjoyed," Corona said. "He made me passionate about it and made me want to strive for more. He opened doors for me when I had turmoil in my life and uncertainty, and he always led me on the right path."

The outpouring of love for Jewett following his death came from all quarters and from around the country. It showed, said Corona, what a special man he was.

"I'm happy that he was so loved," Corona said. "Everything that he represented was represented here today."

Joyce Jewett said the funeral was not an end, but a transition.

"Right now, we don't consider him gone," Joyce said. "We consider him onto the next mission. God has a mission for him."

Jewett received a 21-gun salute, taps on a trumpet and "Amazing Grace" on bagpipes. His perfectly folded American flag was presented by a member of the SRT to Joyce and his father Joe. The gloves that folded the flag were laid to rest on the casket.

One-by-one, members of SRT placed their division patches on top of the casket. The INS guards filed through the tent where family sat and each gave each member of the family a hug. Then Jason's parents walked over to the line of SRT members and the line of Sheriff's deputies and officers and hugged each of them. Joe Jewett had a private word with each man. Men and women in the assembled gathering sniffled and cried.

 "Jason deserved this," Joyce said. "He worked hard and he loved his job."

Fix said in their long friendship, they never drifted apart even as their careers took different paths.

"No matter what Jason did, it was always the right thing," said Fix, who first met Jewett when they were security offices together at Darien Lake years and years ago. Jewett helped Fix when he needed it most and they were neighbors in Oakfield for awhile.

"It was an honor to be at the funeral today," Fix said. "He was like a true guardian angel."

Everything happens for a reason, Joyce said. God has a plan. He brought Corona and her son together and built a special bond between them. That friendship helped form new relationships between ICE and the Sheriff's Office, she said (and Fix, who is a dispatcher and volunteer firefighter agreed). Before, agents and deputies might talk on the phone, but now they know each other personally, Joyce said. That relationship will improve both agencies, she said.

Corona said will never forget his friend.

"He is buried here in a part of a town that I patrol and I'll be here every day that I can be to pay my respects," Corona said. "He'll always be remembered as my best friend."

Joyce Jewett found a few bullet hole stickers among her son's belongings, so she gave them to SRT members and Joseph Corona. Jewett like a good practical joke, she said, and putting the stickers on his casket is the kind of thing he'd appreciate, she said.

Press release:

The City of Batavia Fire Department will be flushing fire hydrants on Wednesday Sept. 4, and Thursday Sept. 5, from approximately 9 a.m. to 3 p.m. in the general area north of West Main Street and west of Bank Street.

Homes and businesses nearby will be affected. These tests may result in a temporary discoloration of water in that area. As in the past, please do not attempt to wash any clothing if your water appears discolored. If you do experience a discoloration of your water, run cold water for about five minutes or until clear.

Here are the results from the Batavia Area Jaycees 5K held on Labor Day.

• Overall male runner: Kevin Sheehan, 51, 18:24
• Overall female runner, Alexis Kindig, 16, 21:30

By age, female:

• 14 and under, Serena Strollo, 13, 26:46
• 15-19, Kerry Mills, 18, 21:56
• 20-29, Jenna Nichols, 26, 24:51
• 30-39, Melissa Demoy, 38, 22:41
• 40-49, Christine Klein, 49, 25:41
• 50-59, Toni Mills, 54, 29:16
• 60+, Kathy Jenson, 71, 44:25

By age, male:

• 14 and under, Campbell Anderson, 14,19:21
• 15-19, Ty Demmer, 17,17:44
• 20-29, Christian Caccamise, 23, 21:24
• 30-39, Dave Bateman, 30, 19:06
• 40-49, John Kirkwood, 42, 21:26
• 50-59, Ken Scott, 51, 22:37
• 60+, Bill McMullen, 60, 22:05

To keep up on all the latest information about the upcoming Bidding on a Brighter Future Gala and Auction in support of the Child Advocacy Center, like the event's Facebook page. Like the page and complete the contest registration form and you will be eligible to win a $100 gift certificate from City Slickers. Click here to like the page and enter the contest.

Here are the awards that judges handed out following the Oakfield Labor Days Parade on Monday:

Veterans Color Guard

• 1st Prize: Vietnam Veteran’s Chapter #193
• 2nd Place: Oakfield-Alabama American Legion #626

Fire Departments

• 1st Prize Best Appearing: Stafford Volunteer Fire Department
• 2nd Prize Best Appearing: Alabama Volunteer Fire Department
• 3rd Prize Best Appearing: Oakfield Volunteer Fire Department
• Best Appearing Aerial: Town of Batavia Fire Department
• Best Appearing Pumper: Stafford Volunteer Fire Department
• Best Appearing Tanker: Byron Volunteer Fire Department
• Best Appearing Utility & Rescue Vehicle: Alabama Volunteer Fire Department
• Best Appearing Antique Hand Drawn Fire Apparatus: Attica Fire Company
• Best Appearing Antique Motorized Fire Equipment: Attica Fire Company

Marching Bands

• 1st Prize: Alexander Fireman's Marching Band
• 2nd Prize: Akron Tigers Marching Band
• 3rd Prize: Oakfield-Alabama Marching Band

Best Novelty Band, Act or Float

• Grand Prize: Alex’s Lemonade Stand Foundation
• 1st Prize: Crossroads House
• 2nd Prize: Genesee Country Church
• 3rd Prize: Batavia Silver Stars

Reason Magazine: School Choice Isn't About Fighting for Resources, It's About Choosing How To Learn

When you sit down for a meal at Pasquales, Mama Fasano wants it to be just like you're coming over to her house for dinner.

Every dish with be based on family recipes and the ambiance and decor will be designed to give diners an old-time, family Italian restaurant feel.

The Fasano family purchased the red brick, two-story building at the corner of Swan and Ellicott streets at the city's tax lien auction a couple of months ago with the specific intention to open a restaurant.

They've had to completely gut the place and entirely remodel it -- including putting in a new kitchen. The restaurant won't open until late fall, but they're ready to talk about their plans.

Joan Fasano has been in the restaurant and catering business for 40 years and at Pasquales the whole family is joining in.

"Many Batavians and Genesee County residents have been familiar with the Fasano name in conjunction with great food over the years," Maggie Fasano said. "Joan and her husband Jim catered many, many weddings, anniversaries, graduations and other events."

The menu will include homemade ravioli, chicken cacciatore, tripe, pasta fazool, along with other old-country recipes, and once every two weeks, a polish dish.

People go crazy over the polish dishes," Rachel Fasano said. "You can’t get them anywhere."

The kitchen is being designed and set up by Karl Klein, who recently closed his restaurant in Le Roy.

The Fasanos and Ganson have been close friends for 30 years.

Every once in awhile he'll work as a guest chef, making special dishes for the day.

Though the building was most recently a bar, the Fasanos are not setting up a tavern. It's an eatery. There will be beer and wine to go with dinner, but the bar won't be a place to come and sit and just drink.

Meals will be affordable.

"We want people to be able come and enjoy dinner and not empty their pockets, so to speak," Dave Fasno said. "Our menu will be based on good Italian food, what Mom likes to call peasant food."

Family photos and old photos of Italian immigrants will hang on the walls.

"We want people, when they walk in, to feel like the restaurant's been here forever," Joan said.

Photo: Rachel, Joan, Maggie in the front and David and Jimmy John behind the bar.