October is Breast Cancer Awareness Month, and as city firefighters do annually, they are donning special T-shirts while on duty to recognize the fight against breast cancer.

Pictured with six firefighters today are Toni Funke and Kristen Gonter, breast cancer survivors.

From left are Capt. Mark Mikolajczyk, Chuck Hammon, Adam Polumbo, Nathan Kinne, Jeff Whitcomb and David Adams.

The IAFF Local 896 will make a donation to a breast cancer organization this month.

A two-car accident with minor injuries is reported in the parking lot of the Classt Chassis Car Wash on Veterans Memorial Drive. There may be a "medically induced" problem regarding one of the injuries. Town of Batavia and Mercy medics are responding.

A motor-vehicle accident with injuries is reported on the eastbound Thruway at mile marker 396.9. East Pembroke fire and Mercy medics are responding.

UPDATE 2:32 p.m.: One person has a broken ankle.

An accident with injuries is reported at 7666 Swamp Road, Bergen, near or at the intersection with Jerico Road. It's a small dump truck vs. car. Bergen fire and Mercy medics are responding

The Batavia High School band played, the franchise owner made a speech and a longtime local employee cut the ribbon to officially open the new McDonald's Restaurant on East Main Street, Batavia.

Batavia-native Holly Carney (in purple, top photo), who will manage the new store, told the story of how her career with McDonald's started. She was 16 and her parents picked up an application for her and made her fill it out and hand it in. Her mother drove her to the store and made her turn it in. With tears in her eyes, she handed her application to Kathy Eves (top photo getting a hug from Carney). Despite her misgivings, she got the job and worked her way up into management.  

Eves cut the red ribbon to officially open the store and received as a present a palm-sized glass sculpture of the original McDonald's Restaurant in Des Plaines, Ill.

This is the 10th location for franchise owner Harry Schatmeyer (in the white shirt), who also owns the McDonald's location on West Main.

The store made a $500 donation to the Batavia HS band.

Also pictured in the top photo, assistant manager Stephanie Bouter.

City Manager Jason Molino with the Hamburglar and Grimace.

Brian J. Sprague, 24, of Batavia, is charged with criminal mischief, 3rd. Sprague was arrested by State Police following an investigation. He is accused of breaking off the side mirror and heavily damaging the windshield of a vehicle in the Town of Batavia. Sprague was arrested last week on an attempted arson charge for allegedly trying to start a fire at an East Avenue residence.

Thomas Michael Pillo, 44, of Alexander Road, Batavia, is charged with menacing, 3rd, and harassment, 2nd. Pillo allegedly threatened physical harm to several people. He was jailed on $500 bail.

Nathen Edward Brege, 22, of South Main Street, Batavia, was arrested on a warrant. Brege allegedly failed to appear in Town of Oakfield Court on his scheduled court date. He was jailed on $1,000 cash bail or $3,000 bond.

These indictments were handed down from the Genesee County Grand Jury this week:

Joan A. Gliwski is accused of criminal possession of stolen property in the third degree, a Class D felony. It is alleged that between August 2013 and January 2014 in the Town of Bergen she knowingly possessed stolen property with the intent to benefit herself or another person other than an owner or to impede the recovery by an owner. Moreover, the value of the property exceeded $3,000. The property was various merchandise stolen from seven retail stores.

Maria A. Gardiner is accused of criminal possession of stolen property in the third degree, a Class D felony. It is alleged that between August 2013 and January 2014 in the Town of Bergen she knowingly possessed stolen property with the intent to benefit herself or another person other than an owner or to impede the recovery by an owner. Moreover, the value of the property exceeded $3,000. The property was various merchandise stolen from seven retail stores.

Brian R. Croakley is accused of driving while intoxicated, a Class E felony. It is alleged that on May 31, 2013, in the Town of Bergen, he operated a 2010 Dodge on Route 19 while in an intoxicated condition. In addition, he is indicted by way of Special Information of having been convicted in the Town of Bergen Court of driving while intoxicated as a misdemeanor on June 16, 2010. This conviction was within 10 years of the crime alleged in the indictment.

I came across these deer and wild turkeys feeding together along what was one of my favorite outdoor haunts in my teen years.

As I took these photos I thought back to the very first time I came across deer and wild turkeys together. At the time I thought it merely happenstance and simply savored the moment. After a second occurrence I chalked it up to coincidence. Today, several years later, gatherings between whitetails and wild turkeys may cause me to raise an eyebrow. But am I surprised? No way!

You see, in the time since my first deer/turkey encounter, I've heard it said that, "if the wild turkey, with its keen eyesight............

possessed the scenting ability of the whitetail deer...........

it would be nearly impossible to get close enough for a shot"....

A bit of an exaggeration perhaps? Maybe. While it may sound like a stretch of the imagination, it's a statement that attests to the keen senses of both species.

By definition, symbiosis isn't what we might label the relationship between deer and turkeys. Yet the wild turkey and the whitetail deer are two of North America's most sought after creatures, with pursuit being from man and natural predators alike. That being said, I find it not only interesting, but understandable as to why the high strung whitetail and the skittish wild turkey oftentimes work together. It's a relationship that benefits both species.

I got there too late, but Dan Fischer, WBTA, confirms there was quite a crowd lined up for the opening of the new McDonald's on East Main Street, Batavia. He said people were lined up before 6 a.m. The opening was at 8 a.m. He said at one point there were at least 100 people in line.

There is an official ribbon cutting at 10 a.m.

Washington Post: Jimmy Carter turns 90

(Chief Shawn Heubusch explaining safety and security issues with the current building)

Police Chief Shawn Heubusch along with Assistant Chief Robb Yaeger and City Manager Jason Molino made a legitimate case for a better working and functioning police headquarters building during a two hour tour of Batavia Police Headquarters at 10 W. Main St. today.

Chief Heubusch says there are major safety concerns daily.

A comingled entrance at the back of the building is a big issue.

Suspects, police and the general public all come and go in that one entrance at the rear of the building.

Assistant Chief Yaeger says there have been incidents where suspects have not been cooperative when being brought into headquarters in handcuffs. Getting an uncooperative suspect up the stairs can be difficult for officers.

Also the public waiting area is located in the same entryway where suspects are brought in.

Security is also an issue.

The City Youth Officer's office is located in the same area where adult suspects and criminals are brought in for questioning. This area does not comply with NYS law that says the two areas must be separate.

The parking area for police vehicles is also not secure. A secure, fenced-in parking lot is needed.

"The most important thing is safety and security, not only for the officers but the community," Heubusch says. "We have to be able to provide safety and security for the community. If we can't provide it for ourselves, it is difficult to provide it for the public."

(City Manager Jason Molino discusses the older model boiler that heats the building)

City Manager Jason Molino says the discussion about improvements and or a new police headquarters is 25 years overdue.

Improvements have been discussed at length, but no action has been taken.

In the meantime, the 150-year-old building, originally the Brisbane Mansion, is in need of repairs.

.

Crumbling cement, leaking bricks, rotting wood, leaking ceilings and a whole basement that cannot be used due to asbestos contamination are emergency issues that cannot be ignored any longer.

(Rotting wood below windows on the west side of the building)

(Water damage to drop ceiling in basement)

(What is left of a ceiling in the basement area when the building was used as a home, between 1855 and 1917)

According Molino, consultants who have been working on the project for the last 10 months have come up with four alternate locations for police headquarters and two renovation schemes for the existing building.

Site 1 is listed as 56 Ellicott St. and is located at the former Santy's Tires shop. It will cost between $11.1 - 11.9 million to construct.

Site 2 is listed as 96 Jackson St., which is currently the location of the Salvation Army Thrift Store. Cost is between $11.6-12.5 million.

Site 3 is located at 26 Evans St. and is located next to the Falletti Ice Arena. It would include the current ice rink parking area. Cost at this site is between $11.4-12.3 million.

Site 4 is located at 165 Park Road and is located next to the Genesee County Sheriff's Office. Cost to build at this site is between $9.9-10.6 million.

Renovation scheme A for 10 W. Main St. will cost between $15.9-17.2 million and includes the demolition of an area of the building built in 1963.

Renovation scheme B for 10 W. Main St. will cost between $11.3-12.2 million and does not include the demolition of the area of the building from 1963.

Site options 1-4 also include improvements to the current building for resale.

The project will be paid for by reserve funds, bonding and grants, Molino says.

A Citizen Task Force Advisory Board made up of citizens, business owners, education and health care leaders will be created next. 

City council will meet Oct. 14 and decide if it wants to move forward with the task force and, if so, appoint one in November.

Molino says he expects a task force recommendation by July of 2015. Construction could possibly begin in 2016 or 2017.

Heavy black, stinky smoke is reported at 1641 Indian Falls Road. It is said to be caused by burning tires. Indian Falls Fire Department is responding.

UPDATE Thursday: The resident called and said this was a false report by another resident in the area. There were no tires burning.  It was just brush.

A Sheriff's Office youth officer involved in an accident on Route 33 in Stafford on Tuesday has been cited for alleged failure to yield the right of way, according to an accident report released by the department.

John Dehm, driving a county-owned 2009 Chevy sedan, was southbound on Mill Road at 4:55 p.m., when he approached a yield sign at Route 33. He said he stopped and checked both ways but did not see a vehicle on Route 33.

His car struck the passenger's side front tire of a 2011 Lincoln SUV, which skidded off the south shoulder and struck a concrete foundation of a demolished building.

The report says that a utility pole near the intersection may have obstructed Dehm's view.

Vicki J. McKeirnan, 62, of Batavia, suffered minor injuries and was transported by private vehicle to UMMC.

The accident was investigated by Sgt. Ron Meides.

Previously: Sheriff's car involved in accident at Route 33 and Mill Road, Stafford

A Brockport man who claims he had a shotgun pointed at his head by a local resident testified today that he couldn't get State Police to even consider his side of the story before he was arrested on a charge of criminal mischief.

After the charge against Micheal Crooks was dismissed (under what's called an ACD -- adjudication in contemplation of dismissal), he did what a trooper and attorney labeled "cop shopping." 

Crooks went to the Sheriff's Office and found that Sgt. Ron Meides was willing to listen to his side of the story. As a result, John Robinson, of North Lake Road, Bergen, was arrested by Deputy Matthew Butler and charged with menacing, 2nd.

The attorney for Robinson, Kevin DeCarolis, has requested Justice Donald Kunego dismiss the charge against his client "in the interest of justice."

Kunego held the hearing today as part of the motion process. He will issue a written ruling at a later date.

He's already received written arguments from both DeCarolis and Assistant District Attorney Kevin Finnell on the motion.

The case stems from a confrontation Jan. 13, 2013. Crooks contacted both the State Police and the Sheriff's Office about pursuing charges against Robinson in November 2013. Robinson was arrested in April of this year.

Trooper Eric Daigler, who arrested Crooks based on a complaint by Robinson that Crooks damaged his screen door while trying to get into his house, testified today that he was confused and angry when he learned Butler was about to arrest Robinson.

He said typically, law enforcement officers don't involve themselves in cases that have been handled by other agencies.

He felt the case had been closed in January 2013 with the arrest of Crooks.

"I was dumbfounded," Daigler said. "First and foremost, it's common practice not to take on other agencies cases. We refer to it as 'cop shopping.' It happens. Usually, we are pretty good at stopping people who are just trying to get the right answer. They are looking for the answer they want. That's usually the Sheriff's Office policy."

Daigler said it was his position at the time of the incident that Robinson was doing exactly what he's allowed to do under the law -- protect his property and himself. 

"He didn't conduct himself in a manner that he should be arrested," Daigler said. "He was in his home. He armed himself and he called 9-1-1 and informed dispatchers he had armed himself. He was well within his rights in his own home when a man he never met came to his door and was yelling and screaming."

Daigler consulted with his supervisor, Sgt. Ron Lobur, and other troopers, who all concurred, arrest Crooks, but not Robinson.

Since the arrest of Robinson, Daigler said, everybody he's spoken to in the local law enforcement community, with the exception of Meides, are bothered that Robinson was arrested.

"I've had 10 members of the Sheriff's Office come to me independently and voice their displeasure with the case," Daigler said.

Crooks testified that Daigler never even asked for his version of events before telling him he would be arrested.

Contrary to prior reports, Crooks said he didn't try to hide from troopers before being contacted. He said he didn't even know that in his "assertive" knocking he damaged the door, and to this day, he isn't convinced that he did.

After the confrontation, he said he went to a job site in Brighton -- he's a construction manager -- and then went home and discovered he had a message from Daigler that evening. He immediately returned the call, and when he didn't get a call back after an hour, he called again.

When he spoke to Daigler, Daigler told him to meet him at the Batavia barracks. When he asked why, he said Daigler told him he was going to be arrested on a criminal mischief charge.

At that point, Crooks said, he decided he wouldn't make a statement without an attorney present.

On the advice of his attorney, he didn't pursue charges against Robinson until after the term of his ACD expired (six months).

Crooks was upset, he said, because he believed Robinson was involved in some sort of relationship with is wife.

He said he first became aware of the relationship some time around October of 2012.

He thought it had ended, but on Jan. 12, he said, his wife went to a party with their two daughters, ages 11 and 14.

His wife became drunk at the party, he testified this afternoon, and placed numerous calls to Robinson.

The girls became aware of what was going on and tried to get her to stop. That led to a physical confrontation between mother and daughters, he said.

That was what really upset him, he said, and convinced him he should talk with Robinson about not having further contact with Mrs. Crooks because of the stress it was causing for his daughters.

He testified that he didn't make any verbal threats to Robinson. That the only thing he yelled once he figured out Robinson was in fact at home Jan. 13, 2013, was "come out you coward."

He said after about two minutes, when it was clear Robinson wasn't going to come out, he decided to leave. 

He testified that as he walked down a sidewalk close to the house he caught some movement through a window and turned to look.

"There was Mr. Robinson," Crooks said. "He was holding a shotgun and he rushed right towards the window and screamed absolutely bloody murder that he was going to blow my fucking head off."

He said the barrel was only inches from the window.

"My heart stopped," Crooks said. "I've never looked down the barral of a gun that wasn't removed from a gun that closely in my life. I've been around guns my whole life. I own guns. I've owned guns since I was 19. I'm not afraid to be around guns."

Under questioning by DeCarolis, Crooks admitted that despite this mortal threat, he didn't call police.

When Finnell asked him about why he didn't call police, Crooks said he dialed 9-1-1 and had his finger on the button, but then changed his mind.

"I was exhausted," Crooks said. "I was emotionally drained. I wanted this to be over. I just wanted to go to work and do what I had to do."

In closing arguments, Finnell urged Kunego to take into the account of events provided by Crooks. He didn't fault Daigler for arresting Crooks. Since he didn't have a statement from Crooks, he could only go on the information available to him at the time of the arrest. But now, he said, Kunego has just as Medies had, Crooks' version of events. He said the case should proceed based on Crooks' account.

DeCarolis dismissed the testimony of Crooks as vindictive and self-serving.

Daigler, he said, did something very unusual -- he testified for the defense rather than the prosecution. That never happens and that should carry a lot of weight with court, he said. Daigler's testimony should weigh heavily in favor of Robinson because he has nothing to gain from his testimony.

The testimony of Crooks is another matter, however.

"His action, his tone, his disposition all show he has a very significant animus against Mr. Robinson," DeCarolis said. "It's very clear he was cop shopping. I would ask, your honor, that you evaluate his testimony in that light."

Kunego set a follow-up appearance for Nov. 19, but said he will likely issue a written decision on the motion to dismiss "in the interest of justice" before that date.

The Batavian's exclusive previous coverage:

• Alleged victim of shotgun menacing claims Bergen resident was communicating with his wife
• Attorney for Bergen man accused of pointing shotgun at person says charge should be dropped
• Dibble: Probable cause for arrest in Bergen shotgun case, now it's up to the courts
• Attorney for John Robinson asks for dismissal of charge 'in the interest of justice'

Two members of the Town of Batavia Planning Board said they were initially opposed to plans for an apartment complex in an area zoned commercial on West Main Street Road, but after study and consideration, decided to vote in favor of the project.

Those votes were essential last night to early-stage approvals for Big Tree Glen, a planned 136-unit complex from Rochester-based Conifer Developers.

The board approved the environmental review process, a zoning variance and a preliminary site plan.

The zoning variance is contingent on agreements in the final site plan that will prohibit Section 8 and HUD-subsidized rents in the complex, as well as continued on-site management.

Conifer is applying for a state grant aimed at encouraging "workforce housing," and that subsidy combined with putting the complex in a commercial zone were stumbling blocks for board members Paul Marchese and Lou Pagnello.

After Pagnello did some research, however, spoke with an attorney friend and thought about it some more, he decided he should support the project.

He said factors included the solid reputation of Conifer and the quality they're promising for the new complex. 

He said he also realized that as a businessman, if he were expanding or building a new business, he would apply for whatever government aid might be available. Any business owner would, he said.

"The more I think about it, the more I think this benefits the community as time goes on," Pagnello said. "I was totally against it, but after doing a little research on my own, that's how I feel about it now. We want development in Batavia and we want to work with developers who are top-notch, not like some of the others we've dealt with before."

The complex, he said, will actually help spur commercial development on West Main, which is a key development goal for the town.

Marchese said he was with Pagnello.

"I was really against it, too," he said.

Because the county planning board recommended disapproval of the project, the town board needed at least five affirmative votes to approve the zoning variance. The vote was 5-1.

Paul McCullough voted no on the zoning variance request. He didn't state a reason for his no vote.

The board will need to approve a final site plan at a later date that will include the covenants and restrictions it's looking for to ensure the complex remains a quality housing project.

The state grant Conifer is applying for requires that the apartment complex meets the residential needs of people earning 50 to 60 percent of the area's median income.

That's about $65,000 for a a family of four in Genesee County. For the Town of Batavia, the complex will actually be meeting the needs of a family of four earning about $54,000 a year in gross income.

"This is truly workforce housing for the Town of Batavia," said John F. Caruso, representing Conifer.

Previously:

• Developers make case for 136-unit apartment complex in Town of Batavia
• County planners reject proposed apartment complex on West Main Street Road, Batavia

Jamie Merica prides himself on being a good mechanic, and Bob Adams Automotive in Le Roy has a decades-long reputation for good service, so when Bob Adams decided to sell his business and retire, Merica said taking over the business seemed like the right opportunity.

After five years as an employee of Adams, Merica now owns the shop.

"As a lifelong resident of Le Roy, I know a lot of people," Merica said. "That will help. We offer honest repairs at a fair price and we try to take care of everybody we can."

Photo by Amanda Earl.

Charles Kenneth Kelly, 60, of Silver Street, Mars Hill, Maine, is charged with harassment, 2nd, disorderly conduct and failure to obey traffic control device. Kelly was stopped at 11:10 p.m. Tuesday on Route 20, Alexander, by deputy Lonnie Nati. During the stop for an alleged traffic violation, Kelly allegedly became verbally abusive and struck Nati in the chest several times in an apparent attempt to push him off the tractor-trailer he was driving. Kelly pled guilty to the charges in Alexander Town Court, paid a $440 fine, and was released.

Calvin Robert Rando, 56, of West Main Street, Batavia, is charged with attempted petit larceny. Rando was allegedly observed opening a car door without permission and attempting to steal cigarettes.

Myles D. MacLeod, 26, of Sliker Road, Corfu, is charged with felony DWI, aggravated unlicensed operation, 2nd, plate display violation, refusal to take breath test and driving without stop lamps.  MacLeod was stopped at 1:06 a.m. Tuesday on East Avenue, Batavia, by officer Devon Pahuta.

Cindy L. Bush, 52, of Oak Orchard Road, Batavia, is charged with criminal possession of a controlled substance, 7th, driving while ability impaired by drugs and controlled substance not in original container. Bush was stopped at 2:48 a.m. Sept. 19 on Lehigh Avenue, Batavia, by officer Marc Lawrence.

Dennis Joseph Pietrowski, 67, of Caledonia, is charged with DWI, driving with a BAC of .08 or grater, and speeding (73 mph in a 55 mph zone). Pietrowski was stopped at 3:20 p.m. Monday on Route 20, Pavilion, by deputy Joseph Corona.

Todd Lester Fairbanks, 32, of Pratt Road, Batavia, is charged with criminal contempt, 2nd. Fairbanks allegedly violated a stay away order of protection. He was jailed on $250 bail or $500 bond.

The Le Roy Moose Lodge #1132 celebrated its 100th Anniversary Tuesday night with fun, games and a few speeches.

Speakers included Stuart Erbelding, the lodge's current governor, and Sen. Mike Ranzenhofer and Assemblyman Steve Hawley.

Photos by Amanda Earl.

Hayden McCombs was co-winner, with Art Adner, of the shuffleboard contest.

Lodge Governor Stuart Erbelding.

Taylor Schneckenburger, 5, and sister Addy, 3, said they enjoyed the spaghetti dinner.

New York Times: Ebola Is Diagnosed in Texas, First Case Found in the U.S.