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

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

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

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

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

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

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

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

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

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

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

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

The agreement was finalized last month, Zickl said.

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

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

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

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

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

Previously:

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

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

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

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

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

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

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

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

And perhaps show up with an attorney.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 Thank you Nancy Baker!

On Monday, Sept. 15, city maintenance workers will be milling a portion of the mall parking lot, weather permitting, between Dan's Tire and Auto and Genesee-Lawley Insurance. That's from Alva Place to the main driving lane. The area will be closed from 7 a.m. to 5 p.m.

On Tuesday and Wednesday, Sept. 16 and 17, weather permitting, a city crew will pave this area and the parking lot will be closed from 7 a.m. to 5 p.m.

A motor-vehicle accident with injuries is reported at West Main and Clay streets in Le Roy. Law enforcement is on scene. Le Roy fire and EMS are responding.

UPDATE 11:57 a.m.: The assignment is back in service.

A car has struck a house in Alabama, but no injuries are reported.

The location was originally given on Route 77, but deputies on scene say it is actually on Bloomingdale Road.

Alabama fire is responding.

Gov. Andrew Cuomo and former Genesee County congressional representative Kathy Hochul have been declared the winners of the Democratic Primary race.

They also were the top choice of local Democrats.

According to Genesee County unofficial results, Cuomo beat Zephyr Teachout 427-187, with Randy A. Credico receiving 45 votes.

Hochul topped Tim Wu 505 to 156.

In the Republican Primary for supervisor in Bethany, Carl L. Hyde Jr. beat Edward F. Pietrzykowski Jr. 74 to 26.

In the primary for Independence Party delegates to the 8th Judicial District convention of the 139 Assembly District, Debra M. Buck-Leaton beat Carol A. Sheehan 14-7.

Press release:

Congressman Chris Collins (NY-27) released the following statement today on the passage of H.R. 5078, the Waters of the United States Regulatory Overreach Protection Act, which would prevent the EPA and the Army Corp of Engineers from implementing the proposed rule that would redefine “waters of the United States” under the Clean Water Act.

“Redefining the scope of ‘waters of the United States’ is a dangerous expansion of government authority,” Congressman Collins said. “I have heard from many farmers and small business owners in my district who believe the EPA and Army Corp of Engineers rule will have a devastating effect on their productivity and ability to stay in business. In May, I led a bipartisan letter with Rep. Schrader of Oregon, signed by a majority of the House, asking the EPA and the Army Corps of Engineers to withdraw this overreaching rule. The passage of today’s legislation will ensure that this rule is withdrawn and our farmers and small business owners will be protected.”

Here's what residents living in flood-prone areas in Batavia need to know: The city can help lower the cost of flood insurance, but nothing can stop it from going up.

Assistant City Manager Gretchen DiFante, hired primarily to help the city get a comprehensive flood insurance program going, said the cap on annual insurance-rate increases is 18 percent (it used to be 25 percent). If the city's program works as intended, the best result would be 15-percent lower premiums for local homeowners.

Rates will rise, she explained after the Monday City Council meeting, until an insurance company reaches 100-percent coverage for an individual property according to its actuarial tables.

"Not everybody is going to go up and not everybody will go up at the same rate," DiFante told the council.

This is an important issue, she said, because the rising cost of flood insurance will make it harder and harder for property owners to sell their homes. That leads to more sub-par rentals, more abandoned houses, higher crime and less tax money for local schools.

"When you look at the map, you have to realize, this is more than a thousand homeowners who are not going to be able to sell their homes if something doesn't change," DiFante said.

"I don't care where you live, it ought to be a concern," she added. "If it's not, it should be."

DiFante's job is to work with FEMA to get the city into community rating system (CRS) of the National Flood Insurance Program (NFIP).

Cities accepted into the program get class ratings. A Class 7 community gets a 5-percent reduction in flood insurance rates, and a Class 9 community gets 15 percent.

There are two main components to the ratings:

• Reduce a community's flood exposure through mitigation activities;
• Obtain individual flood insurance reductions for residents in flood map areas.

But the process is far more complex than those two simple points, DiFante said.

"It is a daunting process, which is why I think there's only 27 communities in New York who have taken this on," DiFante said. "There's so much information you have to put together and in such a specific way you have to do it. Then every time you've got different reps from ISO who come in, everybody's kind of got their own way interpreting what you've done."

On a broad scale, the city will need to review zoning and building codes and make adjustments to mitigating flooding issues.

On an individual homeowner basis, the city can provide guidance and perhaps secure grants for elevation certificates that could lift some homes out of the flood map, or improve an individual property's rating.

The elevation certificate process can also provide property owners with guidance on improving their property from a flood exposure perspective.

It will be at least 16 months before the city realizes any benefits from its flood insurance efforts.

Red areas are floodplain.

There's a selfish reason Charle Cook got behind the idea of his company donating money to help the Byron-Bergen School District buy 1,100 tablet computers for all of the district's children: He wants potential future employees to have the technical skills to work for the Liberty Pumps of tomorrow.

But the donation is also a good deed that will benefit his and his son's alma mater and perhaps encourage other rural companies to be as generous with their local school districts.

"We felt it's important as kids progress through school that they become knowledgable and comfortable with technology," said Charlie Cook, CEO of Liberty. "It's going to be part of their future employment. To have that as a kind of leg up to students who might not have access is an advantage.

"Somewhat from a selfish standpoint," he added, "we're going to need a certain segment of those graduates, and we're interested in keeping as many kids as we can in the community."

Superintendent Casey Kosiorek said the gift was timely. The district had recently cut a staff position from its library and New York's formula for aid to district continues to disportionately favor affluent suburban districts over rural districts.

"This allows us to do something that most of the school districts in the more affluent areas of the state are able to do," Kosiorek said. "We're very thankful for that."

That was part of what motivated Liberty to seek out a way to assist the district, said Jeff Cook, who initiated the talks with the district that led to the donation.

"The reason Liberty Pumps thought the Learn Pads were a good idea was that we hear a lot about how wealthier, suburban districts seem to have advantages over poorer, more rural districts in terms of course offerings and opportunities for their students," Jeff Cook said. "We were looking for a way to help give our students an edge while minimizing the overhead burden of the district and therefore the taxpayer."

Charlie Cook didn't want to reveal the total monetary amount of the donation, but it's roughly 30 percent of the cost of the 1,100 tablets, which cost a few hundred dollars each. That donation made Byron-Bergen eligible for a technology grant from the state education department that covered the remaining 70 percent of the cost.

There will be no new local spending as a result of the program.

The tablets are known as LearnPads. They are Droid-based tablets with modifications to suit the needs of an educational institution.  

First, there are limits on how students can use them. There's access to YouTube, for example, but they can only watch teacher-approved videos. They can only visit approved Web pages. They can only download and install teacher-approved apps.

Teachers control the entire LearnPad environment according to the education needs of the class.

From a desktop computer program, teachers can customize how the LearnPads can be used, develop each day's lesson plan, then provide a QR code that can be posted to a wall. As students enter the class that day or that hour, the student scans the QR code to receive the lesson plan. As class progresses, teachers can monitor student activity to ensure they're staying on task.

However, Kosiorek stressed, LearnPads don't replace lectures and class discussions.

"This is a great tool for students and for teachers, but it doesn't replace quality education," Kosiorek said. "It's a tool, it's a supplement, an addition to a teacher's toolbox."

There are educational books available on the LearnPad and Kosiorek said the district hopes to someday replace all of its text books with tablets. That would save the district money as well as end the days of one-ton backpacks and multiple trips to lockers for students.

And yes, there are games available to students. Math games and vocabulary games, for example.

"Many students have access to video games and those games are very engaging," Kosiorek said. "There are goals that are set and you work toward those goals, so whatever we can do to provide relevance and engagement for students (we will do)."

Every student, starting this week, gets a LearnPad, from kindergarten through 12th grade. The younger students don't get a keyboard and will just use the touch screen, but starting in about third grade, keyboards will be introduced.

At younger grades, the LearnPads stay in school -- at least until the summer, when they can go with the summer reading program already installed -- while older children can bring the LearnPads home for homework once permissions slips and guideline acknowledgments are signed.

"We're very excited to be doing it," Charlie Cook said. "I've got four grandkids in the system right now and when I come to an event, which I do as often as I can, it's amazing to me to watch these kids work with the technology, even what they have currently. I think even in preschool years, they were up operating the touch screen, so this is a natural progression for them."

Jeff Cook said he hopes other business owners will look at this initiative and contact their own school administrators and ask "How can we help?".

Education, after all, is everybody's business.

"My hope is that what Liberty Pumps is doing will gain traction in the business community and others will join in on supporting our schools," Jeff Cook said. "If you are a business that is passionate about something you would be willing to help fund or support, I would suggest talking to the school administration about your idea and see if it is feasible. 

"In the case of Byron-Bergen, they did all the leg work and presented us with their vision based on our ideas. This could be anything from supporting sport programs and class offerings, to equipment for the district. Anything that could enhance a student's learning opportunity."

Photo: Casey Kosiorek, left, and Charlie Cook.

Daniel C. Frey, 50, of Oakfield, is charged with unlawful growing of cannabis and criminal possession of marijuana, 4th. Frey was arrested by State Police at 12:57 p.m. Friday on Klossen Road, Alabama. No further details released.

Jason A. Perry-Murray, 20, of Jackson Street, Batavia, was arrested on warrant for an unpaid parking ticket.

Juan A. Roman, 36, of Portland Avenue, Rochester, is charged with criminal contempt. Roman is accused of violating a stay away order of protection.

Caitlin A. Hayes, 26, of Dellinger Avenue, Batavia, was arrested on a warrant for failure to appear on a parking ticket. Hayes was arrested following police contact on an unrelated incident.

Elliot R. Sandoval, 38, of Spencer Court, Batavia, is charged with harassment, 2nd. Sandoval is accused of kicking another person in the back while that person was walking down a flight of stairs.

Joseph J. Kostanciak, 24, of unspecified address, is charged with petit larceny. Kostanciak is accused of shoplifting at Walmart.

Sanders A. Kelsey, 27, of Batavia, and Michelle L. Franks, 33, of Batavia, are charged with petit larceny. Kelsey and Franks are accused of shoplifting at Walmart.

Carol A. Bartucca, 55, of Stafford, is charged with DWI and driving with a BAC of .08 or greater. Bartucca was stopped at 10:16 p.m. Saturday on Horseshoe Lake Road by a trooper.

Jeremy D. Eck, 27, of Hornell, is charged with DWI, driving while impaired by drugs and unlawful possession of marijuana. Eck was stopped by State Police at 10:27 p.m. Sunday on Route 20 and Browns Mill Road, Alexander.

Lawrence E. Rutkowski, 50, of Orchard Park, is charged with DWI and driving with a BAC of .08 or greater. Rutkowski was stopped at 12:11 a.m. Monday on Route 20, Alexander, by State Police.

Brett F. Dieter, 36, of Basom, is charged with criminal obstruction of breathing. Dieter was arrested following an investigation of an alleged incident at 8:10 p.m. Sept. 1 on Lewiston Road, Alabama.

Michael R. Sigl, 21, of Batavia, is charged with petit larceny and possession of a hypodermic instrument. Sigl was arrested by State Police following an incident report at 3:32 p.m. Sunday. No further details released. 

Tyler E. Deleys, 20, of Corfu, is charged with criminal mischief, 4th, petit larceny and possession of a hypodermic instrument. Deleys was arrested on Hartshorn Road, Pembroke, by State Police following a report of an incident at 3:32 p.m. Sunday. No further details released.

Steven R. Ryan, 36, of unspecified address, is charged with DWI and refusal to take breath test. Ryan was stopped by State Police at 10:10 p.m. Sunday on Route 77, Pembroke.

Lindsey N. Burdick, 32, of Pavilion, is charged with DWI and driving with a BAC of .08 or greater. Burdick was stopped by State Police at 11:29 p.m. Sunday on Route 20, Alexander.

Todd L. Frocione, 50, of Syracuse, is charged with DWI and driving with a BAC of .08 or greater. Frocione was stopped by State Police at 11:51 p.m. Sunday on Route 20, Alexander.

It's Primary Day in New York.

Here's what you can vote on at your local polling place.

Countywide Democratic Primary, Governor (vote for one)

• Zephyr R. Teachout
• Andrew M. Cuomo
• Randy A. Credico

Lt. Governor (vote for one)

• Kathy C. Hochul
• Timothy Wu

Countywide Independence Party Primary

8th Judicial District Delegate (vote for one)

• Carol A. Sheehan
• Debra M. Buck-Leaton

Town of Bethany (Republican), Supervisor (unexpired term) (vote for one)

• Carl L. Hyde Jr.
• Edward F. Pietrzykowski Jr.

This afternoon, I headed out to Le Roy by way of Pavilion and came back to Batavia through Stafford.

Above, a barn at Linwood and Black Street Road.

Below, two shots of a tree on Linwood, and finally, the hedgerow along Route 5 at the Hanson property.

A two-car accident with minor injuries is reported at Keeney and Quinlan roads. Le Roy fire and ambulance responding.

Here are the latest indictments issued by the Genesee County Grand Jury>

Jeffrey M. Black is accused of driving while intoxicated as a Class E felony. It is alleged that on May 25, 2013, hedrove a 2000 Harley-Davidson motorcycle in the Town of Byron while intoxicated. In count two of the indictment, he is accused of driving while intoxicated, per se, as a Class E felony for allegedly having a BAC of .08 or more.

John J. Saddler is accused of criminal mischief in the second degree, a Class D felony. It is alleged that on Aug. 16 in the City of Batavia he acted with intent to damage the property of another person and, having no right to do so nor any reasonable ground to believe that he had such right, damaged the property of another person in an amount greater that $1,500. The damaged property was a glass door at the Genesee County Jail.

A single-car accident is reported at 206 E. Main St. in the city. Unknown injuries. Mercy medics are on scene and Engine #11 is responding. The vehicle is smoking.