A man accused of forcibly stealing a cell phone and beating and strangling a woman's beagle will get a thorough mental health exam to determine his fitness for court proceedings, Judge Charles Zambito ordered today in Genesee County Court.

Shawn Michael Twardowski is charged with one count of third-degree robbery, a Class D felony, for allegedly taking a cell phone from a woman on Jan. 26 on Bank Street in the City of Batavia; and one count of cruelty to animals, a Class A misdemeanor.

A possible plea deal was withdrawn, for now at least.

His attorney, Michael Locicero, told Judge Zambito that his client "displayed competency issues in his last court appearance" in August. Today, Locicero reiterated his concerns, saying a recent "mental forensic evaluation" does not address Twardowski's "competency per se" and he again expressed reservations about his client's "fitness to proceed," and comprehend a plea bargain.

Locicero said his client told him that at some point he was diagnosed with schizophrenia, but nothing in his file confirms that diagnosis. He described his client as "non-responsive" in face-to-face dealings with him. Indeed throughout his brief appearance in County Court this morning, the tall, lanky Twardowski, handcuffed and wearing inmate orange, sat or stood slope-shouldered, staring vacantly at the table. 

The defense attorney once more asked for a "730 Exam" -- a comprehensive mental health evaluation of his client.

Last month, Assistant District Attorney Robert Zickl objected to that request and noted that no comprehension issue was raised when the defendant sought a judicial diversion. Zambito, who subsequently called for more information and specifics to be gathered in the intervening weeks, seemed reluctant to grant the 730 Exam request.

"I've reviewed the records," Zambito said. "There's nothing to indicate he's incompetent, but I have not dealt with him personally."

Zickl again objected to the request, adding that the plea offer would be withdrawn and if he is found competent, the case would go to trial.

"If he's (found) not competent to stand trial, he's not competent to consider a plea offer," Zambito said, making Zickl's point moot.

Zambito ordered a 730 Exam for Twardowski.

The case is on the docket again at 10 a.m. Friday, Oct. 13.

Several high school football mergers have hit the area over the past several years. But, remaining as one of the few holdouts, Le Roy has been holding on to a tradition they’ve built over many years and is anticipating a return to glory sooner rather than later.

Season Outlook

Following a 3-4 finish a season ago, Le Roy is looking to a new cast of characters in order to restore this program as a championship contender. Equipped with 13 seniors, the Knights should have little trouble equaling their opponents experience level each week during the regular season.

What remains to be seen in LR is whether or not this new crop of seniors has what it takes to lead their team on a Section V Playoff run.

It’s tough for me to nail down exactly what to expect from this group, but with Week 1 just one day away – judgement day is coming.

The Knights will benefit from a much-lighter schedule than they had in 2016, with Livonia remaining as the one true Titan on their 2017 slate. The other six games sitting in front of Le Roy are all winnable – giving them a chance to put their best foot forward during the regular season.

As is the case with many local teams.

The merger between the LCAA and GRAA has made things much simpler for the teams in the surrounding regions, making this season one of the most-highly anticipated campaigns in recent memory.

Key Matchups

Week 3 – Cal-Mum/Byron-Bergen

The Knights and Raiders endured an overtime battle for the ages last season, with the Raiders turning out the victor. Will this year be different?

Week 4 – Avon

Avon is historically tough and will likely present a difficult challenge for Le Roy in the middle of their schedule. 

Week 5 – Notre Dame

An old-time rivalry returns to the fold in 2017.

Week 6 – Livonia

Livonia has finished within the top-4 in Section V Class B for several seasons in a row. This is going to be a tough matchup for Le Roy. 

Key Players

Bryce Bordonaro (OL/DL)

Bryce is a strong force inside for the Le Roy offensive line, and also serves as one of the team’s leaders. 

Tyler Rider (OL/DL)

Tyler is another big man in the middle for the Knights, and another team leader. 

Luke Stella (RB/LB)

Luke will play a major role in the team’s success this season as a well-sized running back and linebacker. 

Cole Biggins (WR/DB)

Cole has flown under the radar in the past, but his performance this season might be too much to ignore for future opponents. 

Gaven Cassidy (WR/DB)

Gaven provides the Le Roy offense with solid athleticism along the outside of an offense which features a sophomore quarterback. 

Coach’s Quote

“We expect to be competitive in every game we play this season,” said Le Roy Head Coach Brian Herdlein. “Our team speed should be a strength for us this season.

"Our newcomers with the help of the returning players are filling the positions open from graduation last season nicely. We hope to be more of a factor in the postseason this year.”

Oakfield-Alabama/Elba is in its second season as a merged program and has a load of senior leadership, which they hope will carry them to a resurgent season in 2017.

Season Outlook

Although I have placed O-A/E at the bottom of my Preseason Power Rankings, the potential of this team to rise in the ranks, and finish the season in contention – is strong. They finished 1-7 a year ago and anticipate a better finish this year.

OA/E not only returns their starting quarterback, but also have numerous names coming back along the line of scrimmage, and a strong stable of backs – who served as backups last season. This year, it will be the O-A/E skill players’ time to shine and lead their team out of the depths of despair.

It can take a few years for a newly merged program to come together and reach their full potential. This year, in my mind, will serve as a stepping stone toward that end.

Key Matchups

Week 2 – Notre Dame

The Irish are an old-time rival of both Oakfield and Elba. Both sides will get up for this game. 

Week 5 – Cal-Mum/Byron-Bergen

Byron-Bergen was previously merged with Elba before the Lancers began their relationship with Oakfield. Does any bad blood remain between the two sides?

Week 6 – Holley

Another winnable game for O-A/E.

Key Players

Colton Dillon (QB)

Colton is going into his second year under center for O-A/E, but has been learning a new system as he prepares for Week 1. He will be important for this team if they hope to achieve success.

Gage Dieterle (RB/LB)

Gage has been given a more important role this season as the team’s starting RB.

John Igoe (OL/DL)

John will help anchor a senior-laden line.

Cam Smith (OL/DL)

Cam will also help anchor the defensive and offensive trenches for O-A/E. 

Coach’s Quote

“The O-A/E Football Team looks to make vast improvements in their second year of the new merger,” said Head Coach Mike Cintorino. “With new systems being installed on both sides of the ball and significant buy in from the athletes, the program looks to once again compete for a league title and find their way back to sectionals.

"Although this is a very young team, many of the players have varsity experience and will look to utilize that throughout the season. Now being part of the Livingston-Genesee Region Conference will provide a good test for the O-A/E Football team while holding on to the many rivarlies of the old Genesee Region.”

Last season, the Irish suffered their first losing campaign in 11 years, and return in 2017 hoping for more out of their new leadership class.

Season Outlook

It’s no secret that ND Football took a major step back last season, and it would be incredibly disappointing for fans of the Fighting Irish to be forced to watch their team go through yet another dismal campaign. For, the ND Faithful is not used to watching its football team struggle through Divisional and even non-Divisional matchups.

In 2017, however, the Irish are hoping to ‘Wake Up the Echoes’ and restore the winning tradition of ND Football.

They feature a returning starting quarterback but welcome a load of talent coming up from the JV squad, which leaves this new-look squad with the expectation of making progress and climbing the ladder – beginning with the first step on Opening Night vs Canisteo-Greenwood.

Aside from C-G, all of ND’s 2017 opponents are from the newly-merged LCAA/GRAA League, with Le Roy serving as the only other non-Divisional matchup on their schedule. This merger has been a win for all involved, including the Irish who I believe will benefit from a more-familiar slate.

Key Matchups

Week 2 – Oakfield-Alabama/Elba

Notre Dame is ranked above O-A/E in my Preseason Power Rankings. If they hope to gain any traction within their Division, they must win this game. 

Week 4 – Holley

The Irish will be out for revenge in this game. 

Week 5 – Le Roy

This old-school rivalry comes back in 2017 with each side matching up well with one another.

Key Players

Brendin Klotzbach (QB/LB)

Brendin returns to lead the Irish offense during his senior season. He has the athleticism and arm strength to get the job done.

Eddy Skalny (OL/DL)

Eddy will provide leadership for a young ND offensive line.

Coach’s Quote

“This group of young men have been working very hard,” said Notre Dame Head Coach Rick Mancuso. ”And with the leadership of the senior class, we have progressed a little quicker than we anticipated.

"We have a good mix of seasoned players, plus talented newcomers. After enduring the programs first losing season last year in the last 11 years, this team has shown the work ethic it will take to get back on the competitive path.”

Clarence J. Carithers, 32, of West Academy Street, Albion, is charged with: unlawful fleeing a police officer; three counts of endangering the welfare of a child; reckless driving- speeding (86 in 55-mph zone); failure to stop at blinking red light; unsafe turn without signaling, speed in excess of 55 mph (111 mph); and inadequate lights. Carithers allegedly drove his vehicle past a Sheriff's patrol at an excessive speed on Lewiston Road, Alabama, at 12:44 a.m. and then failed to stop at a blinking red light at the intersection of Lewiston and Alleghany roads, continuing southbound on Route 77 at a high rate of speed. Carithers then allegedly turned onto Bloomingdale Road and failed to signal. He is accused of driving in excess of 55 mph on Bloomingdale before stopping at a gas mart located on the Tonawanda Indian Reservation. He was arrested by Deputy Eric Meyer, arraigned in Town of Alabama Court and jailed without bail. Assisting were Sgt. John Baiocco, Sgt. Jason Saile, Deputy Ryan Young, and Deputy Howard Wilson.

Devan Dashaun Hazel, 23, of St. Mary's Street, NYC, is charged with criminal possession of marijuana, 5th. He was arrested on a warrant out of Town of Stafford Court and jailed on $250 bail.

Kalil T. Walker, 23, of Isabelle Street, Rochester, was arrested on a warrant for alleged failure to appear in City Court. Walker posted bail and was released.

Timothy J. Wood, 28, no permanent address, was arrested on a warrant upon release from the Niagara County Correctional Facility. He was turned over to Batavia PD, arraigned in City Court and sentenced to 15 days in jail.

Nicholas D. Martino, 37, of Main Street, Alexander, was arrested on a warrant for alleged failure to appear. 

Darryl Robinson, 53, of East Main Street, Batavia, was arrested on a warrant. Robinson was taken into custody during an investigation into an unrelated incident. Robinson allegedly failed to appear in City Court on charges of harassment, 2nd, and unnecessary noise.

Robin A. Pickering, 33, of Electric Avenue, Lackawanna, was arrested on a warrant. Pickering allegedly failed to comply with terms of DWI conviction in 2015. She was jailed on $2,500 bail.

Shuvon J. Williams, 41, of Walnut Street, Batavia, is charged with harassment, 2nd. Williams was allegedly involved in an altercation in the Dollar General parking lot on East Main Street, Batavia, at 6:10 p.m. Friday.

Kelly A. Morrison, 44, of Skyline Drive, Lady Lake, Fla., is charged with menacing, 2nd, endangering the welfare of a child, and criminal possession of a weapon (prior conviction). Morrison allegedly brandished a large pocket knife during an altercation at 6:10 p.m. Friday in the parking lot of Dollar General in Batavia. Morrison was jailed without bail.

A 17-year-old resident of Edward Street, Batavia, is charged with criminal mischief, 2nd, resisting arrest, and unlawful possession of marijuana. The youth allegedly damaged a parked vehicle in the area of Bank Street and Washington Avenue, Batavia, and then resisted when officers attempted to place him under arrest. He was jailed on $2,500 bail.

Maria Katriliotis, 35, of North Spruce Street, Batavia, is charged with harassment, 2nd. Katriliotis allegedly kicked another person at 3:40 p.m. Saturday.

Brandon C. Smart, 40, of Hutchins Street, Batavia, was arrested on a warrant. Smart was arrested after police responded to a location on Hutchins Street to investigate a noise complaint.

A 17-year-old resident of Batavia Stafford Townline Road, Batavia, is charged with unlawful possession of marijuana. The youth was allegedly found in possession of marijuana at a location on Cedar Street, Batavia.

Dora L. Poodry, 23, of West Main Street, Batavia, is charged with failure to appear on a petit larceny charge. Poodry is in custody on an unrelated charge.

Meredith H. Cutro, 40, of Tracy Avenue, Batavia, is charged with harassment, 2nd, and criminal trespass. Cutro allegedly entered the home of another person at 4:44 p.m. Aug. 22and refused to leave when told to leave. Cutro allegedly pushed another person when that person was trying to get her to leave.

Dustin L. Landin, 38, of James Street, Batavia, was arrested on a warrant for an alleged violation of his release under supervision contract. He was jailed on $2,500 bail.

Traci Lynn Abrams, 19, of Skye Road, Alabama, is charged with possession of a loaded firearm in a motor vehicle. Abrams was arrested by Batavia PD and turned over to the Sheriff's Office on a warrant.

Rudy P. Bail, 23, of Batavia, is charged with DWI and driving with a BAC of .08 or greater. Bail was charged by State Police at 8:36 a.m. Thursday in the Town of Bethany.

An accident is reported in the area of mile marker 379.8 on the Thruway in Le Roy. 

A person may have been ejected. 

Mercy Flight is on ground standby. 

Le Roy fire, and ambulances from Le Roy, Caledonia, and Mercy EMS dispatched. 

UPDATE 9:37 p.m.: Mercy Flight was dispatched and is circling the scene pending further instructions. 

UPDATE 9:39 p.m.: Le Roy is all set with the ambulances they have on the ground and Mercy Flight can go back in service. 

UPDATE 10:32 p.m.: The person ejected was transported to Strong Memorial Hospital by Le Roy Ambulance. All other patients were sign-offs. 

Press release:

Alzheimer’s disease is not a normal part of aging. It is a progressive and fatal brain disease that is the most common form of dementia.

“The Basics: Memory Loss, Dementia and Alzheimer’s Disease” is a free class presented by the Alzheimer’s Association Western New York Chapter for anyone who would like to know more about the disease and related dementias.

The program will be offered in Le Roy at 6 p.m. on Thursday, Sept. 14 at Woodward Memorial Library at 7 Wolcott St.

Attendees will learn:  

• Symptoms and effects of Alzheimer’s disease and other types of dementia
• How Alzheimer’s affects the brain
• Causes and risk factors
• How to find out if it’s Alzheimer’s disease
• The benefits of early detection
• Treatment
• Resources in your community, including the Alzheimer’s Association WNY Chapter  

There is no cost to attend this public presentation, but reservations are encouraged by calling 1.800.272.3900.

A car reportedly struck a building at Byron-Bergen Central School, 6917 W. Bergen Road. Byron Fire Department and medics are responding.

Press release:

To all residents: Please be aware that the spray pad at Austin Park will be closing for the end of the summer season on Sept. 5.

Thank you for a wonderful year.

The spray pad is scheduled open again next Memorial Day.

Pictured from left are: Melissa Keller, Benjamin Kron, Becky Kron and Katelynn Rumsey.

Submitted photo and press release:

Youth from the Genesee County 4-H program represented their local 4-H Swine Club while at the Great New York State Fair.

Genesee County swine club members competed against youth from across the state in the Youth Swine Shows held on Aug. 30. Local participants were: Melissa Keller, Becky Kron, Benjamin Kron and Katelynn Rumsey.

Local 4-H swine club members also competed in the Empire Swine Youth Scholarship contest. Participants of the contest compete in several different categories including: Showmanship, Pork Quality Assurance Plus, Skillathon, Interviews and more.

Melissa Keller won the contest for the second year in a row. Becky Kron placed 11^th as a first-year participant and Benjamin Kron placed 15^th.

We would like to congratulate these youth for their participation at the New York State Fair and for representing Genesee County 4-H!

Off Gorton Road, Alabama.

A motor-vehicle accident with injuries is reported in the Village of Elba at 95 S. Main St. Elba fire and Mercy medics are responding.

UPDATE 12:36 p.m.: A second ambulance is requested. Mutual aid from Byron's ambulance is called to the scene.

Passing through Oakfield yesterday evening, the classic cars were just starting to arrive at the Oak Grill & Cafe for their Wednesday night rally.

All summer, classic car owners have been bringing their cherry machines to the Oak Grill on Wednesdays, and will continue to rally there until the first snow of the season.

SEASONED ENTREPRENEUR TO BE YOUR KITCHEN GUIDE -- Proceeds benefit Batavia CTE Center Culinary Arts Club. 
The Batavia Career and Technical Education (CTE) Center is hosting the freshLAB Foodie Challenge competition on Saturday, September 23 beginning at 8:00 a.m. Competitor registration fee of $25 will cover all-day kitchen access and chef mentoring by Chef Tracy Burgio. Chef Burgio is a French Culinary Institute graduate, successful bakery entrepreneur and now the certified Culinary Arts Instructor at the Batavia CTE Center. Proceeds from this challenge will benefit the Batavia CTE Center Culinary Arts Club.

The Batavia CTE Center added Chef Burgio to its teaching staff in 2016. Now, this upcoming community collaboration enables Chef Burgio to share her education, skills and storied travels with freshLAB Foodie Challenge participants. Upon decades of managing some of Rochester’s finest restaurants, Chef Tracy pursued a Pastry Arts degree from New York City’s French Culinary Institute. Upon graduation, Chef Tracy landed in Chicago to work at the famed Bleeding Heart Bakery but soon after followed her heart to Italy. Chef Tracy was selected for an internship to learn from the esteemed Chef Malu Simoes da Cunha.

"My career has taken me all around the world where I have studied with culinary masters. I'm so pleased to be able to share my knowledge with my students at the Batavia Career and Technical Education Center. The freshLAB Foodie Challenge is an excellent opportunity for anyone who is a budding culinary artist who wishes to experience the world of food service,” said Chef Burgio. “I look forward to hosting the challenge and encourage people to enter this contest." 

Leaning on Chef Tracy’s expertise, Batavia is hosting its first creative cook challenge. This one-day contest is open to seasoned cooks to homemakers and is limited to 25 participants. Each contestant will navigate the Batavia CTE Center teaching kitchen with chef leadership and student porter assistance for the Foodie Challenge.

“Tracy is certainly vivacious. We are fortunate to have her leading this challenge,” commented Mary Valle, Batavia Development Corporation Board member and freshLAB volunteer. “It’s worth $25 just to spend a day in the kitchen with her!”

Space is limited. Register online at www.freshLABBatavia.com. The deadline to enter is Sept. 9.

More than a decade of planning, preparation, promotion, lobbying, public hearings, and approvals have finally culminated in the first shovel in the ground for the Western New York Science and Technology Advanced Manufacturing Park (STAMP) in the northwest corner of Genesee County.

Contractors are making room for roads along with water, sewer, and electrical transmission lines, clearing brush and trees and grading the ground to specifications.

"We're pretty excited to be moving forward on infrastructure and breaking ground and turning it into a modern business park," said Mark Masse, VP of operations for Genesee County Economic Development Corporation.

The infrastructure project, which includes a new water main being installed down Judge Road in Oakfield to Route 77 and then out to STAMP, is covered by a $33 million budget appropriations in New York's 2014 state budget. 

The new sewer system is still in the design and approval process and electrical won't be completed until the first tenant -- probably 1366 Technologies -- designs its project and specifies its electrical needs, but all of that infrastructure will be covered by the 2014 budget appropriations.

The new Oakfield-Alabama water line will carry 200,000 gallons of water a day to the Town of Alabama and STAMP. A second water line will also be installed from Pembroke to STAMP, which will provide 600,000 to 800,000 gallons per day of capacity, giving STAMP access to nearly one million gallons of water a day.

As for 1366, the company continues to be engaged with GCEDC in preparations for construction of its solar wafer manufacturing plant, but is still awaiting final approval of a loan guarantee by the Department of Energy. The Trump Administration has yet to fill vacancies on the DoE's board, which must authorize final approval.

Rachael J. Tabelski, GCEDC's director of marketing and communications, said both Rep. Chris Collins and the office of Sen. Charles Schumer have been engaged in trying to help move the process along.

Tabelski also said tech companies looking for locations such at STAMP have shown a good deal of interest in the project. GCEDC has received 14 requests for information and hosted 10 site visits. The projects combined represent a total of $11.5 billion in investments.

"The sales funnel is full," Tabelski said. "There's a lot of interest in STAMP, so it's a matter of when not if."

When that when arrives, Genesee County and the entire region will be expected to provide the employees for these new companies, so GCEDC is also aggressively pursuing workforce development projects with area schools, colleges and universities, Tabelski said.

"There is going to be a need in mechatronics, nano technology, and STEM at all levels of these companies," Tabelski said. "We will have a need for all of these kinds of workers."

(STEM: Science, Technology, Engineering (and) Math.)

A car has struck a pole, with unknown injuries, on East Avenue near Route 63, Bethany.

Bethany fire and ambulance dispatched.

UPDATE: Photos by Doug Yeomans. After the initial dispatch, we heard no more about this accident.

A Sheriff's deputy is responding to a complaint of a vehicle "doing donuts" on East Shelby Road, Oakfield. The location is on federal land at the Oak Orchard/Tonawanda Wildlife Management Area.

It took Rep. Chris Collins little time to turn news of a House Ethics Committee investigation into his financial dealings, and his continued involvement with the biotech firm at the center of the investigation, into a fundraising opportunity.

This morning, the Buffalo News reported that Collins has been re-elected to the board of Innate Immunotherapeutic and within hours Collins delivered a fundraising email to his supporters (and others on the list, including news media) into a request for a $12 donation (the price, he said, of a month's digital subscription to the Buffalo News) to his reelection campaign.

He didn't explicitly ask people to drop their subscriptions to the online version of the newspaper.

"Join us today and tell them we won't stand for their fake news," Collins wrote.

Controversy about Innate Immunotherapeutic and Collins involvement with the company have been swirling around the Congressman for months, including allegations that he bragged about making a lot of people in Buffalo rich on stock deals with the company, accusations that he steered other members of Congress to the stock, and speculation about whether he used his position in Congress to help pass key legislation that could have helped the firm.

When a clinical trial for drug developed by Innate showed negative results, the stock price plummeted and Collins reportedly suffered a paper loss of $17 million.

News broke two days ago that the House Ethics Committee was opening a probe into the stock deals. The Buffalo News followed up this morning with stories about the congressman's reelection to Innate's board and a story yesterday taking a closer look at what the probe means.

The term "fake news" grew out of a trend during the presidential campaign of completely fictional stories getting repeatedly passed around social media, no matter how outlandish and clearly false the stories were. The stories were generated by websites created with the sole purpose of making up fictitious stories in order to drive clicks and then generate revenue from ad networks.

President Donald Trump adopted the term to attack the legitimate media's truthful and generally accurate reporting of his administration. 

This isn't the first time Collins has referred to the Buffalo News, also a legitimate news outlet, with the false claim of publishing "fake news." Collins has offered no factual refutation of any reporting by the Buffalo News or other news outlets' reporting on the Innate dealings and ethical probe.

Collins’ Spokeswoman Sarah Minkel has told news outlets that the ethics announcement had been expected and denied Collins had engaged in any wrongdoing.

“Congressman Collins has followed all ethical and legal guidelines when it comes to his personal investments and he looks forward to their review," Minkel said.

Smoke is reportedly coming from the garage at 8 Prospect Ave. in the city. City fire is responding.

UPDATE 5:06 p.m.: The address is approximate -- either 8 or 10 Prospect -- the house is yellow with a flagpole out front; caller is from adjacent street (Ellicott Avenue).

UPDATE 5:08 p.m.: Fire command says may be a grill fire in back of 4 Prospect.

UPDATE 5:10 p.m.: It's a grill that's smoking due to food cooking; fireman is going to caller's house to speak about the fire concern.

UPDATE 5:21 p.m.: The assignment is returning to service.