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Photo: Child car seat event sponsored by Tompkins Insurance

By Howard B. Owens

City Firefighter Mike Dorgan helps Reese Koukides, 3 1/2, into her new car seat at a child car seat safety inspection and installation event in the City Centre Parking lot this morning. The event was sponsored by Tompkins Insurance.

Buffalo 716ers stop by T.F. Brown's to meet local hoops fans

By Howard B. Owens

Members of the Buffalo 716ers, a professional basketball team in the American Basketball Association, made a personal appearance at T.F. Brown's tonight. Jerry Smith, proprietor of the Showtime Sports Academy in Batavia, organized the event. Smith is taking on several projects to promote basketball locally and throughout the region.

From left are, Darnell Boswell, Devon Dawson, Anthony Hodge, Tawan Slaughter (the team's owner and coach), Jerry Smith Donald Felice (media agent) and Mario Williams.

Man indicted on four felony counts after allegedly putting Deputy Brian Thompson at 'grave risk of death'

By Billie Owens

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

Scott A. Kopper is indicted on first-degree assault, a Class B violent felony. It is alleged that on Jan. 8 in the Town of Pembroke, with intent to cause serious injury to another person, he caused injury to such person or to a third person, in this case Sheriff's Deputy Brian Thompson, by means of a dangerous instrument -- a vehicle. In count two, Kopper is accused of the crime of reckless endangerment, 1st, a Class D felony. It is alleged that on the same day, "under circumstances evincing a depraved indifference to human life," he recklessly engaged in conduct which created a grave risk of death to another person by closing the window of his vehicle thereby trapping Deputy Thompson's arm, and started to drive away, dragging Deputy Thompson with him. In count three, Kopper is accused of second-degree assault, also a Class D felony, for acting with intent to prevent a police officer from performing a lawful duty, causing physical injury to such person, Deputy Thompson. In count four, Kopper is accused of second-degree assault, another Class D felony, for allegedly intending to cause physical injury to another person, and causing injury to such person, Deputy Thompson, by means of a dangerous vehicle -- a vehicle.

Antonio A. Ayala and Ashley L. Alvord are indicted on drug-related charges stemming from contact with law enforcement on Nov. 19 in the Town of Bergen. Ayala is indicated for the crime of criminal possession of a controlled substance, 3rd, a Class B felony, for allegedly knowingly and unlawfully possessing a narcotic drug, cocaine, with intent to sell it. In count two, Alvord is indicated for the crime of criminal possession of a controlled substance, 4th, a Class C felony, for allegedly knowingly and unlawfully possessing one or more preparations, compounds, mixtures or substances with an aggregate weight of one-eighth ounce or more. In count three, both Ayala and Alvord, are accused of endangering the welfare of a child, a Class A misdemeanor, for allegedly knowingly acting in a manner likely to be injurious to the physical, mental or moral welfare of child less than 17 years old, in this case a 4-year-old child.

Alissa A. Fodge is indicted for third-degree grand larceny, a Class D felony, for allegedly stealing property valued in excess of $3,000 from a convenience store in the Town of Bergen between Aug. 19 and Oct. 16. The value of the property is about $7,040.

Aaron M. Zastrocky is indicated for driving while intoxicated, a Class E felony, for allegedly driving a 1998 Jeep on South Lake Road in the Town of Le Roy on Dec. 20 while intoxicated. In count two, he is accused of aggrevated driving while intoxicated, also a Class E felony, for having a BAC of .18 or more at the time.

GCC trail plan for Batavia wins Spirit Award in business plan competition

By Howard B. Owens

Press release:

The "Spirit Award" in the Social Entrepreneurship / Nonprofit category was awarded to five Genesee Community College students after they presented their "Batavia Loop Trail and Bordering Business Development" plan to a team of judges at the fifth annual New York Business Plan Competition in Albany last Friday, April 25, 2014. The annual competition invites students from colleges around the state to submit innovative ideas designed to address a currently unmet need in one of six categories.

The GCC students presenting the Batavia Loop Trail (BLT) included Tara Beckens of Clifton Springs, Danielle Cannella, Richard DelPlato, and Maryssa Peirick, all from Batavia, and Adrienne Payne, of Byron. As members of GCC's CEO or Earth Clubs, they envision developing an 11-mile loop trail that skirts around the edge of the City and Town of Batavia connecting a wide array of businesses and regional resources -- from ice cream shops and restaurants to Batavia's treasure trove of city and county parks.The BLT maximizes the idyllic views of Tonawanda Creek and would provide safer walking and bicycling pathways to GCC, College Village, as well as Batavia High School and Genesee Valley Educational Partnership/BOCES on State Street.

The project builds upon the growing international interest and economy of bicycling tourism, and also on Batavia's proximity to NYS Thruway providing a huge tourist market. BLT also links into the new Ellicott Trail, which was recently awarded $1.5 million through NYSDOT Transportation Enhancement Fund. Students researched state and federal funding resources and were delighted to learn that BLT potentially meets many of the criteria for funds from the Unified Planning Work Program (UPWP), Consolidated Funding Application (CFA), NYSERDA's Cleaner Greener Communities, and Transportation Alternatives Program (TAP).

Lastly, and most importantly to the students – the long-term vision poses excellent hands-on learning opportunities not only for GCC students but for the Genesee Valley Educational Partnership (GVEP/BOCES). Next year, students hope to present a plan to GCC's Board of Trustees sharing their idea of creating a small on-campus business, the Recreational Rental Center, giving both students and the general public the opportunity to rent bicycles for the trail and potentially other equipment such as tennis rackets or soccer balls. The new micro-business will provide future GCC students enrolled in Business Administration, Accounting, Sport Management, Travel & Tourism, Web Design, Digital Arts and Physical Education with excellent co-op, internship and work study opportunities. Equally dynamic is providing GVEP/BOCES students enrolled in Conservation, Welding and Automotive Technology programs the chance to help develop and maintain the trail.

The students say the BLT is a "transformative idea that extends out 11 years," but they divided the overall plan into five phases with the most easily implemented segments of the trail opening in 2018. Before heading off to Albany, they shared the BLT idea with local key officials, including New York State Assemblyman Stephen Hawley and City of Batavia Manager Jason Molino, and were delighted the concept was unanimously well received.

"When Jason Molino called the project a 'home run' and pointed out how it would enhance Batavia's quality of life, the students were smiling from ear to ear," said Donna Rae Sutherland, GCC's staff advisor for the project. "While they will probably no longer be GCC students when the project becomes a reality, they are excited to pass the torch along to their peers. And, they hope they will be able to use the trail in the future with their own children years down the road -- or perhaps I should say path!"

The New York Business Program Competition is hosted by the SUNY College of Nanoscale Science and Engineering (CNSE), University at Albany's School of Business and Syracuse University. It has become the premier collegiate contest encouraging innovation and entrepreneurship throughout New York's colleges and universities in the following 10 regional economic zones: Capital Region, Central New York, Finger Lakes, North Country, Mohawk Valley, Western New York, Southern Tier, Mid-Hudson, New York City and Long Island.

Investigation into police officer weapon discharge closed

By Howard B. Owens

While making further inquiries into the reported unintended discharge of a police officer firearm April 22, Chief Shawn Heubusch informed us that the investigation into the matter has been closed.

Heubusch:

I will not be releasing any further details other than to say that the investigation has been completed and that there was no criminal negligence in this matter. The matter has been dealt with as a personnel issue.

The Batavian has issued a FOIL request to the city for the incident documents. The City has five days to acknowledge the request.

Previously: Accidental weapon discharge leads to internal police investigation

Kiwanis honor members of criminal justice community at annual Law Day dinner

By Howard B. Owens

At the annual Kiwanis Club Law Day Dinner Thursday night at Terry Hills, Deputy Joseph Corona was among those in the local criminal justice community who were honored for their work. Corona received the Exceptional Service Award from GCASA. In 2013, Corona, who joined the Sheriff's Office in 2012, had the highest number of DWI arrests in the county. 

Also honored were Chief Deputy Jerome E. Brewster, Batavia Police Officer Kevin M. DeFelice, Theresa Asmus-Roth, Area Supervisor at RESTORE, the Justice for Children Advocacy Center (the first time an organization has been honored), District Attorney Lawrence Friedman, former Public Defender Gary Horton and the Byron-Bergen High School Mock Trial Team.

The keynote speaker (pictured below) was Michelle Y. Spahn, resident agent-in-charge for the federal Drug Enforcement Administration office in Buffalo.

Press release with details of the awards after the jump.

Press release:

Kiwanis Club President Pat Corona announced the awards during a dinner held at Terry Hills Restaurant on Thursday, May 1, 2014. The awards dinner was held in partnership with the Genesee County Bar Association during its observance of Law Day. The honored speaker at the dinner was Michelle Y. Spahn, Drug Enforcement Administration (DEA) resident agent-in-charge of the Buffalo office.

KIWANIS CRIMINAL JUSTICE AWARD
The Kiwanis Club of Batavia Criminal Justice Award is presented to a member or members of the community, law enforcement, or a criminal justice agency serving the citizens of Genesee County whose exceptional career achievements and conscientiousness of citizenship have demonstrated a spirit of selfless public service or demonstrated an act of exceptional valor or heroism.

2014 AWARD RECIPIENTS:
Chief Deputy Jerome E. Brewster, Genesee County Sheriff’s Office
Chief Deputy Jerome E. Brewster has been a member of the Genesee County Sheriff’s Office for more than 39 years.  
He started his law enforcement career as a dispatcher in 1975 and was appointed a Deputy Sheriff (Jail) in 1977. In 1979, he was assigned to road patrol and in 1982 he was promoted to road patrol sergeant. However, his true talent and heart was in criminal investigations, and in 1988, he was appointed an investigator. In 1994, Jerry was promoted to Chief Deputy in charge of the Sheriff’s Office Criminal Investigation Division, a position he holds today. As Chief Deputy, he oversees not only the Criminal Investigation Division, but also the Youth Officers, Evidence Room, Pistol License Investigations and the Local Law Enforcement Drug Task Force. Chief Deputy Brewster has supervised several “high profile” criminal investigations for the Sheriff’s Office during his tenure and has represented the Sheriff’s Office on several matters related to criminal justice. He is the recipient of five Commendation awards, two Meritorious Service awards and was the Genesee County Sheriff’s Officer of the Year in 1993. Chief Deputy Brewster was nominated for this award by Sheriff Gary T. Maha.

Police Officer Kevin M. DeFelice, City of Batavia Police Department
Police Officer Kevin DeFelice is a six-year veteran of the City of Batavia Police Department. He is one of the most dedicated, conscientious, professional and community-relations-oriented officers of the Batavia Police Department. Kevin put forth great effort toward the establishment of a bicycle patrol, much on his own time and at his own expense. Officer DeFelice has provided Honor Guard duties for the Batavia Police Department at ceremonies and flag-raising events and again incurring personal expense. Kevin’s investigations are always thorough and complete, and he has successfully completed many complex and serious cases. He is always willing to put in the extra time and effort required to complete an investigation. Officer DeFelice is a Field Training Officer and is very fair and thorough with training new recruits. Kevin is a good example of what a police officer should be and sets a fine example for others to follow. Officer Kevin DeFelice was nominated for this award by Detective Sergeant Pat Corona and Detective Charles Dudek of the Batavia Police Department.

Theresa Asmus-Roth, Area Supervisor at RESTORE
Theresa Asmus-Roth started her distinguished service in Genesee County as an employee of Regional Action Phone (RAP). In 2001, she accepted a position as the Rape Crisis coordinator for Genesee County and was promoted to the position of coordinator for the GLOW region. Rape Crisis, now renamed RESTORE, provides various services to victims of sexual assaults. Theresa trains and mentors volunteers to cover a 24-hour hotline and was the catalyst for developing protocols with law enforcement on handling sexual assault cases. She has served as co-facilitator in working with male batterers and is one of the lead facilitators in training people in the “Darkness to Light” model to help keep children safe. Theresa is a passionate advocate for the Justice for Children Advocacy Center and has been the coordinator of the annual Genesee County Crime Victim’s Rights Week for several years. She has served as president of the Western New York Coalition for Crime Victims, was board member with the NYS Office of Victim Services and is current president of the Genesee County Inter-Agency Council. Theresa is the recipient of the 2012 NYS Mental Health Association Volunteer of the Year Award and will be the incoming president of the Kiwanis Club of Batavia. Theresa Asmus-Roth was nominated for this award by former Genesee County Jail Superintendent Ed Minardo.

Justice for Children Advocacy Center
The Genesee County Justice for Children Advocacy Center and its staff are being recognized by the Kiwanis Club of Batavia for the great work they do with providing services to children who have been physically or sexually abused. Not only are services provided to the child victim, but also to the victim’s family. Services such as counseling, emotional support and assistance with the legal process are provided on a daily basis. Forensic interviews and medical examinations provided at the Child Advocacy Center are invaluable during the prosecution of a sexual abuser, along with the expert testimony offered by the forensic interviewer. Justice for Children Advocacy Center team members Shannon Ford, director of Genesee Justice; Anne Bezon, CAC supervisor; Erin Martin, victim advocate; Jack Coyne, M.D.; Cecelia Lyons, P.N.P; Amy Hayward, nurse; Donna Harris, financial management assistant/victim advocate; Julie Walsh, therapist; and forensic interviewers Kathy Colgan and Laura Keleman are to be commended. This nomination was made by District Attorney Lawrence Friedman.

CHARLES L. MANCUSO MOCK TRIAL AWARD
The “Charles L. Mancuso Award” was presented to the members of the Byron-Bergen High School Mock Trial Team as winners of the 2014 GLOWS (Genesee, Livingston, Orleans, Wyoming and Steuben counties) District Competition in the New York State Bar Association High School Mock Trial Tournament. The award reads “Dedicated to the Memory of an Outstanding Attorney-Citizen”, Mr. Mancuso, a Batavia lawyer, served as coordinator of the local competition until his untimely death seven years ago. The Byron-Bergen High School team members honored at the dinner include:  Kaleb Bobzien, Christine Burke, A.J. DiQuattro, Bethany Ezard, Noelle Ferris, Milton Griffin, Meghan Johnson, Ashley Montgomery, Laura Redinger, Amanda Streeter and Dakota Zambito. Genesee County District Attorney Lawrence Friedman, who serves as coordinator of the local Mock Trial Program, and Genesee County Bar Association president Mary Kay Yanik presented the award.

GENESEE COUNTY BAR ASSOCIATION AWARDS
Appreciation Award - District Attorney Lawrence Friedman, Esq.
Mary Kay Yanik, president of the Genesee County Bar Association presented the Appreciation Award to District Attorney Lawrence Friedman, Esq., in grateful appreciation for his years of outstanding dedication and commitment as Genesee County Mock Trial coordinator. The Mock Trial Program is sponsored by the New York Bar Association and is a statewide program. Under Mr. Friedman's tenure, Genesee County joined with Livingston, Orleans and Wyoming counties in competitions so that the students would be able to have additional teams to compete against. Mr. Friedman is retiring from this role as coordinator and Kristie DeFreze, Esq., an associate at the Bonarigo & McCutcheon, L.L.P., law firm will now take over that role.

Unsung Hero Award - Gary Horton, Esq.
Mary Kay Yanik, president of the Genesee County Bar Association, presented the Unsung Hero Award to Gary Horton, Esq., for his tireless dedication in providing quality, professional legal services to the indigent people of Genesee County. This award was last given in 2009. Mr. Horton has spent the majority of his career in working as a public defender eventually being named as the head of the Genesee County Public Defender's Office, which provides services to indigent criminal defendants as well as litigants in Family Court. Mr. Horton has retired from the Genesee County Public Defender's Office and will now be working as head of a legal services organization, here in Batavia, representing veterans.

GENESEE/ORLEANS COUNCIL ON SUBSTANCE ABUSE (GCASA) AWARD
Exceptional Service Award - Deputy Sheriff Joseph A. Corona. Bethany Iacucci, prevention educator for GCASA, presented the Exceptional Service Award to Deputy Sheriff Joseph A. Corona from the Genesee County Sheriff’s Office. Deputy Corona started his career here in Genesee County on July 20, 2012, right out of the academy. He had the highest number of DWI arrests for 2013 and continues to lead again this year. He was instrumental in implementing the use of the Alco-Sensor for GCASA’s DWI Victim Impact Panel in January of this year. Deputy Corona not only assisted in creating the procedure but also went above and beyond to assure that every panel assignee was treated equally and with respect. When there were disruptive attendees, he assisted with defusing the situation. He demonstrates respect toward participants and GCASA staff, and goes out of his way to insure that our speakers feel comfortable and safe.

Law and Order: South Lyon Street resident accused of resisting arrest

By Howard B. Owens

Richard Scott Ishmael, 49, of South Lyon Street, Batavia, is charged with endangering the welfare of a child and resisting arrest. Ishmael allegedly ignored Police Officer Peter Flanagan's commands and made lewd comments to the officer in front of his daughter, who is under age 17. While Ishmael was being placed in custody, he allegedly resisted arrest and continued to ignore officer commands.

A 17-year-old resident of Niver Road, Conesus, is charged with criminal possession of a controlled substance. The youth was allegedly found at 9:10 p.m. on April 26 at 127 North St. in possession of heroin.

A 17-year-old resident of Wood Street, Batavia, is charged with endangering the welfare of a minor. The youth is accused of knowingly hiding a juvenile runaway who had been reported missing for more than a week.

Eric M. Malecki, 33, of Prune Street, Batavia, was arrested on warrants for alleged parking on city streets between 2 and 6 a.m. Malecki was arrested following a traffic stop. He posted $200 bail and was released.

Harvey A. McMurray, 46, of Ellicott Street, Batavia, is charged with unlawful possession of marijuana. McMurray was arrested following a law enforcement and ambulance response to a medical call T.F. Brown's at 1:50 a.m., Sunday.

Gregory Seppe, 55, no permanent address, Batavia, is charged with appearance in public under the influence of drugs. Seppe was arrested following a request to check the welfare of a person on Ganson Avenue at 11:02 p.m., Sunday.

Lawrence E. Hanley, 63, of Walnut Street, Batavia, is charged with DWI, driving with a BAC of .08, failure to keep right, leaving the scene of a property damage accident and improper right turn.  Hanley was allegedly involved in a property damage accident at 7:57 p.m., April 20, on Walnut Street. The accident was investigated by Officer Stephen Cronmiller.

Landrea D. Ames, 41, of West Main Street, Batavia, is charged with petit larceny. Ames allegedly stole $142.65 worth of meat from Tops.

Fabian Vazquez, 34, of Harvester Avenue, Batavia, is charged with failing to signal a turn and aggravated unlicensed operation, three or more suspensions on three or more dates. Vazquez was stopped at 8:54 p.m., April 26, on East Main Street, Batavia, by Officer Chad Richards.

Adam D. Jett, 21, of Church Street, Le Roy, is charged with DWI, driving with a BAC of .08 or greater and failure to keep right. Jett was stopped by Officer Darryle Streeter at 3:14 a.m., April 24, on East Main Street, following a report of an intoxicated male getting into a car and leaving the parking lot of a convenience store.

Lisa Marie Vega, 45, of East Main Street, Batavia, is charged with petit larceny. Vega allegedly stole a jacket from the lobby of the Genesee County Mental Health Office.

Local photographer launches exhibit to underscore plight of refugees at The Gallery at Blue Pearl Yoga

By Patricia Hawley

The work of Pamela Dayton, a local artist who chronicled daily life through a series of photographs in a Syrian refugee camp, can be seen at The Gallery at Blue Pearl Yoga beginning today. The exhibit will be on display through June during normal gallery hours. The public is invited to a free opening reception on May 9.

Dayton traveled to Lebanon in 2013 with a short-term mission group from the Wesleyan Church of Hamburg. She became involved with a compassionate ministry to Syrian refugees while spending three weeks in a tented settlement in the Bekaa Valley, Beirut. Embedded with a team of doctors and nurses, she chronicled a “day-in-the-life” of a refugee in an attempt “to validate their existence and document their experiences for the wider world,” she explains. “My photographs illuminate the life of war refugees: the tragedy, sorrow, and tedium of living within a refugee settlement, as well as the beauty and strength of the Syrian people.”

Using a Sony a300 camera, Dayton took nearly 16,000 photographs -- or about 2,000 per day. Choosing which images make the cut has been “difficult” but Dayton hopes that people who visit the gallery will be able to identify with her subjects.

“There is one photograph of a mama holding a toddler that wanted no part of sitting on her lap. People are so similar, whether you’re in a makeshift tent in a Third-World nation or having coffee in my living room,” she says.

Pamela, who lives in Batavia with her husband Jon and their four children, plans to return to Lebanon this summer with the mission group. Then she will begin studying at Kilns College in Bend, Ore., to obtain a graduate degree in Social Justice and Theology in September.

“My heart is broken for refugees and families stuck in the cycle of poverty. There is an enormous refugee community in Buffalo, and poverty is a big problem in Genesee County and the Western New York area,” she says, “so I feel confident that I can make an impact here.”

An opening reception is planned for 6 to 8 p.m. on Friday, May 9, on the third floor of Blue Pearl Yoga, 200 E. Main St., Batavia. Gallery hours are Monday, Thursday, and Saturday from 9 a.m. to 11 a.m.; Monday through Thursday from 5 p.m. to 7 p.m. For more information, call Blue Pearl Yoga at 585.230.5430 or contact Ms. Dayton at thedaytontime@gmail.com.

GCEDC board approves Liberty Pumps expansion project

By Howard B. Owens

Press release:

The Board of Directors of the Genesee County Economic Development Center (GCEDC) approved a final resolution for the Liberty Pumps project at its May 1 board meeting.

Liberty Pumps is planning a 100,000-square-foot expansion of its existing facility at Apple Tree Acres in Bergen. The renovation will include new spaces for production, warehouse, research and development, as well as an office, auditorium and training center. The capital investment for the expansion project is $9.8 million and will create 27 new jobs while retaining 124 employees.

In 2000, Liberty Pumps invested $3.7 million for the acquisition of the land and construction of a 60,000-square-foot manufacturing facility. It underwent another expansion project in 2008, which entailed the investment of an additional $4 million for the construction of a 64,000-square-foot addition to the existing facility.

“We are pleased to see Liberty Pumps continue expanding its operations in our region, adding to the growth of employment opportunities in Genesee County,” said Wally Hinchey, GCEDC board chairman.

Conversion of former Carr's Warehouse into apartments nearly completed

By Howard B. Owens

By the end of the month, 14 Jackson Square -- an address that never existed until recently -- will come to life in a new, and reinvented way.

The former Carr's Department Store Warehouse will contain three two-bedroom apartments (a fourth should be ready by the end of June) and a downstairs office space.

Paul Thompson and his partners will have invested more than $500,000 in the project, with the help of a state grant of $115,000, to convert the three-story structure into a mixed-use space.

The project fits a few of the city's goals to reinvigorate Downtown, said City Manager Jason Molino. It creates more residential space Downtown, more new office space and it converts a building that was doing nothing for the city into something vibrant.

"It takes a building that was always a warehouse and turns it into a useful and meaningful space Downtown," Molino said.

Thompson said his Byron-based company was interested in the project because they have some experience in redeveloping mixed-use spaces. It was a way to provide employment for his workers during the winter, and based on his experience with rental properties in the city, there's a strong demand for apartments designed to appeal to young professionals.

Study after study shows, young professionals want to live in environments where nightlife and shopping are in walking distance and there's a sense of urban life to the neighborhood (related story from USAToday).

This project brings the total of new apartments Downtown to nine, said Julie Pacette, coordinator for the Batavia Development Corp. All of the previous apartments rented to young professionals within days of becoming available.

By assisting Thompson and his partners, Pacette said, a property that was off the tax roles for a few years is now in private, property-tax-paying hands.

Thompson said the project has helped him expand his company. His staff of 14 is now a staff of 20, though not all of the new hires are directly related to this project.

Related: For those interested in new urbanism, the Congress for New Urbanism meets in Buffalo, June 4 though 7.

Paul Thompson

Accidental weapon discharge leads to internal police investigation

By Howard B. Owens

While on a check-the-welfare call April 22, the handgun of a Batavia police officer discharged unexpectedly, Chief Shawn Heubusch confirmed today.

The accidental discharged is being investigated, but the good news, the chief said, is nobody was hurt.

Officers responded to a check-the-welfare call in the Grandview Terrace complex and the chief said the officers were either concerned the person they were checking on was in danger or could be a danger to others.

An officer for this reason drew his or her weapon and when the officer went to return his weapon to its holster, the Glock .40 caliber fired.

The investigation so far has not ruled out a mistaken discharge or a gun malfunction. What has been ruled out is defect with the holster.

Heubusch confirmed that buttons on the sides of officers' jackets have been known to catch on the triggers of guns, but the officer in this case was not wearing a jacket and the officer had on no other clothing that might have caught on the trigger.

The officer's name is not being released. Outside of acknowledging that the incident took place, the case is being handled as a personnel matter, which requires confidentiality for the officer involved.

This is the first accidental discharge of a weapon in the department since Heubusch became chief and he said in "just asking the guys" nobody can remember a similar prior incident.

Asked if the officers were surprised when the weapon fired, he said the officers remained calm and in control. 

"They maintained their composure," Heubusch said. "If you think about their training, they're trained to maintain their composure in an actual live fire situation. They're trained to stick with the mission until the mission is accomplished and they did a great job of ensuring the scene was secured.

"Again," he added, "we're lucky nobody was injured and the floor suffered minimal damage."

Sponsored Post: Regular workouts at Oakfield Fitness deliver more energy, better endurance

By Howard B. Owens

At 42 years old, Bill Taylor thinks its important to stay in shape as he gets older. He needs more energy in his physically demanding job and just generally wants to feel better.

Oakfield Fitness and Cross-Training Center, with its full range of newer equipment and 24/7 availability does the trick for him, he said.

"Everybody feels different at different parts of the day," Taylor said.

As he's gotten more serious about physical fitness, he said he has more energy and improved endurance.

"It's just all around feeling better physically, mentally, too," he said.

For anybody who doesn't have a workout routine, Taylor's advice is simple: "Get off your butt and do it. That's the best way."

Oakfield Fitness moved just a few weeks ago, going from 1,800 square feet and multiple small rooms, to three logically organized rooms in 3,600 square feet. There's a room for weight machines, a cardio room and a cross-training room.

All of the equipment is quality Life Fitness machines.

A basic gym membership is $30 a month with no other fees and no annual contract. Cross-training members pay $80 per month and have access to the cross-training room and a cross-training coach during scheduled times.

For more information, visit OakfieldFitness.com.

Film crew in Batavia for documentary on the 'Queen of Modern Libraries in China'

By Howard B. Owens

Unless you're a serious local history buff, the name Miss Mary Elizabeth Wood may be unfamiliar.

In China, however, especially among those who appreciate the country's public library system, Miss Wood is revered.

Her fame has brought a Chinese film crew to Batavia this week as part of their effort to create a documentary chronicling the life of the "Queen of Modern Libraries in China."

Born in Elba in 1861, Wood became the first librarian of the Richmond Memorial Library in 1889, a position she held for 10 years. The only daughter of Edward Farmer Wood and Mary Jane (Humphrey) Wood, who had seven boys, Miss Wood took a trip to China to visit her youngest brother Robert in 1899.

On that trip, she learned there was no public education system and residents had little access to all the wisdom contained in the world's books, even ones in their own language.

Wood decided to stay in Wuchang, where she eventually made 3,000 books available for borrowing at the building known as the Octagonal Pavilion.

Soon, she traveled back to the U.S. for a year of study, her first actual courses in library science, having gotten as far as she did before then on her strength as "a great reader."

While on the trip, she raised funds and secured book donations that enabled her to open in 1910 the Boone Library in Wuchang.

By the 1920s, Wood was lobbying Congress for funds to advance library science in China and through the grants received and with the help of two of her Chinese prodigies, Wood established the first school for library science in China.

Following her death of an illness in China in 1931, her body was returned to Batavia and she is buried in the Batavia Cemetery.

These pictures were taken while the film crew prepared to interview Kathy Facer, Richmond's reference and technology librarian.

Here's the Wikipedia entry on Mary Elizabeth Wood, which contains greater detail on her life and work.

Cheng Huanwen, professor and university librarian, School of Information Management, Sun Yat-sen University, Guangzhou, Guangdong, China.

Dibble: Probable cause for arrest in Bergen shotgun case, now it's up to the courts

By Howard B. Owens

There was probable cause to arrest John Laverne Robinson, Chief Deputy Gordon Dibble said about the case involving Robinson, a man from Brockport, and a shotgun pointed through a window on Jan. 13, 2013.

So Robinson was arrested and it's now up to the courts to determine the eventual outcome of the case.

It's been 15 months since the incident, and Robinson's arrest two weeks ago raised some interest locally about how a man some believed was just exercising his right to defend himself in his own house could be charged with a crime.

"There's no black and white on these things and there's a lot of gray area on how far you can go and whether your actions are justified," Dibble said. "The deputy looked at the circumstances and looked at the law and consulted with the District Attorney and felt there was probable cause to make an arrest and then let the courts handle it."

Police officers don't determine the guilt or innocence of a defendant, Dibble said. They make an arrest based on probable cause and then let the courts decide.

"There's always two or three sides to every story," Dibble said. "In this case, there's Mr. Crooks' account and then there is Mr. Robinson's account. In the business we're in, absent any other witnesses, it gets down to what one person says against the other and then let the courts sort it out."

Often, Dibble said, cases aren't as clear-cut as people imagine.

"In this system, some cases by their nature, are not always black and white and in the gray areas is where law enforcement and the courts often find themselves in the middle of controversy," Dibble said.

The incident last year was initially handled by the State Police, who arrested 46-year-old Michael S. Crooks, of Salmon Road, Brockport, on a charge of criminal mischief, 4th.

Last week, The Batavian reported that there was no confirmation of an arrest of Crooks because Trooper Victor Morales said there was "no record" of that arrest. Morales was not with Troop A -- he's now Troop A's spokesman -- at the time of the incident 15 months ago and because a judge ordered the criminal case against Crooks sealed, Morales could only respond that there was no record of his arrest.

After learning of the sealed case file, The Batavian confirmed the arrest and charge against Crooks by obtaining a copy of orders of protection he signed Jan. 13 and on Jan. 16, 2013. Crooks was barred for one year from contacting Robinson.

Eventually, Crooks obtained an adjudication in contemplation of a dismissal ruling from the Bergen Town Court, which is why his case is sealed.

The events leading up to the alleged gun-pointing incident began when Crooks became aware -- according to his sworn statement in the Robinson case -- that Robinson and Crooks' wife were communicating with each other. His statement doesn't say whether it was by phone calls or by text or how Robinson and Mrs. Crooks know each other.

Crooks said he told his wife to stop communicating with Robinson, but one afternoon while Mrs. Crooks was out shopping with their children, Michael Crooks went online and checked phone records and found evidence of further communication with Robinson, he wrote in his statement.

According to the statement, Crooks went over Robinson's home on North Lake Road and wanted to speak with him and ask him to stop communicating with his wife. He claimed he intended no harm to Robinson.

Robinson did not answer the door, but Crooks believed Robinson was in fact home.

Crooks said he yelled for Robinson to come out and called him a coward for not coming to the door, according to his own account of events.

Deputy Matthew Butler, in his charging document, says that Robinson told him he called 9-1-1. He said he had a shotgun. He said a dispatcher told him to yell out that he had a shotgun.

Still unsatisfied that Robinson hadn't answered the door, Crooks walked around the house and looked into a window. That's when he saw Robinson pointing a shotgun at him, he said.

He claims Robinson screamed, "get out of here or I'm going to you're (sic) your f---ing head off."

"When I saw that shotgun pointed at my face," he wrote, "I was scared to death that John was going to shoot me."

Robinson is charged with menacing in the second degree, a Class A misdemeanor.

During the course of the incident on North Lake Road, Robinson's front door was damaged, according to a family member, which is the apparent reason for the criminal mischief charge against Crooks.

Asked about the right in New York for residents to protect their home and themselves, Dibble said that's true, but the law has gray areas and that's where this case falls.

"The law also says you can walk up to anybody's door and knock on the door," Dibble said. "That's part of general business law."

Dibble said a deputy investigated the case because Crooks filed a complaint. It's not known why Crooks went to the Sheriff's Office rather than the NYSP with his complaint or why troopers didn't charge Robinson back in January 2013 after the initial investigation into the case.

District Attorney Lawrence Friedman said his office has yet to determine how it will proceed with the case.

"The best I can say is the Sheriff's Department did an investigation and made an arrest and that's what they do," Friedman said. "We haven't determined what the disposition might be. We didn't do the investigation. We don't do investigations. They came to the conclusion that the charge was appropriate and (Assistant DA) Kevin Finnell will look at the case. We have full discretion on what we feel is an appropriate disposition, whether not to prosecute it or to take it to trial or anything in between."

Robinson's next court appearance is 3 p.m., May 21, for arraignment on the charge.

Click here for an article about New York's "Castle Doctrine."

Artists, crafters, food vendors, nonprofits wanted for GO ART! Picnic in the Park on July 4

By Billie Owens

Press release:

The Genesee-Orleans Regional Arts Council (GO ART!) is issuing a call for artists and crafters, food vendors, and nonprofit organizations to participate in the 36th Annual Picnic in the Park celebration from noon to 5 p.m. on Friday, July 4. The event takes place in Centennial Park, Richmond and Ellicott avenues in Batavia.

Application forms can be downloaded from the GO ART! Web site at www.GOart.org <http://www.GOart.org>, by e-mailing us at info@GOart.org, or by stopping by GO ART!, Seymour Place, 201 E. Main St., Batavia.

Artists and Crafters are invited to exhibit and sell their work – which must be made by the artist/crafter – in the Arts and Crafts Show. The nonrefundable entry fee per space is $35 for non-members and $30 for members if paid by June 1st. After June 1st, the fee is $40 for non-members and $35 for members. If you refer a friend, and they participate as an artist or crafter in this year's show, you will be entered in a drawing to win a refund on your booth fee! The nonrefundable entry fee per booth for Food Vendors is $125 if paid by June 1st. After June 1st, the fee is $150.

As is tradition, nonprofit organizations in Genesee and Orleans counties may participate free of charge. All vendors must supply their own tables, chairs, signs, canopy, and extensions cords. The deadline to submit applications is no later than June 29.

Picnic in the Park is a free annual daylong event featuring activities for families and children, folk art events, entertainment and refreshment stands. Picnic in the Park is funded, in part, by the New York State Council on the Arts Folk Arts Program.

For additional information, call the GO ART! office at 585.343.9313 or e-mail info@GOart.org

The contact person is Robin Upson.

Top Items on Batavia's List

The Batavia Housing Authority is seeking a positive, hardworking teammate to perform a variety of outdoor landscaping tasks, primarily mowing, with some trimming and cleanup work. The Groundskeeper is independently responsible for outdoor landscaping tasks on a weekly basis with some flexibility. This job may require some weekend hours when necessary. Part-time position Pay Range: $19.00/hr - $22.00/hr Anticipated start date: May 2024 Application deadline: April 29, 2024 See full job description at: https://www.co.genesee.ny.us/Groundskeeper.pdf Complete Civil Service Application at: https://cms1files.revize.com/geneseecountynew/CivilServiceApplication2022Revision-09.22.22.pdf Contact Information Nathan Varland Executive Director Batavia Housing Authority 400 East Main Street, Batavia, NY 14020 (585) 344-1888 nvarland@bataviahousing.org Location: Batavia
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