A Batavia resident accused of menacing a police officer with a knife nearly a year ago has until Tuesday to decide if he will withdraw his guilty plea on a weapons charge and take his case to trial.

Bill A. Thomas, 57, first entered a guilty plea to criminal possession of a weapon, 3rd, on July 21. When he was supposed to be sentenced in November, he tried to withdraw his guilty plea and asked for a new attorney.

While Thomas wasn't allowed then to change his plea, he was given time to find a new attorney.

Today, with Michael Mohun, normally the judge in Wyoming County, presiding in County Court for this case and one other, the case took another twist.

After hearing Officer Peter Flanigan read a victim's statement, District Attorney Lawrence Friedman argue for a harsh sentence and Jamie Welch, representing Thomas, advocate for a probationary sentence, Mohun summoned both attorneys to the bench.

There was a short conversation, then Mohun said he and the attorneys would meet in chambers to discuss a procedural issue.

Nearly two hours later, the attorneys, judge, defendant and his family members were all back in court after several private discussions involving all parties.

Mohun announced that when Thomas entered his guilty plea there was a procedural error related to what he admitted to and what was stated in the SCI (Special Court Information, a document used in lieu of a Grand Jury indictment). The procedural error could potentially invalidate the guilty plea, and that is why Thomas now has a chance to reconsider his plea.

Since Welch is new to the case, joining only after Thomas entered his guilty plea in July, Welch said he hasn't reviewed all of the evidence. Also, Thomas would like more time to think through his decision and confer with his family.

In his statement, Flanigan recalled a potentially catastrophic confrontation at 4 a.m., March 16, when he entered the Thomas home on State Street. He said Thomas moved aggressively toward him with a knife, and after Thomas failed to obey his verbal commands to drop the knife, Flanigan said he realized he would have to shoot Thomas to protect himself. As he reached for his pistol, the brother of Thomas entered the hallway in an attempt to leave the house, and he came between Flanigan and Thomas. Flanigan said he no longer had a clear shot at Thomas and the situation defused at that point.

The confrontation -- in which Flanigan said he both knew he might have to kill Thomas and that his own life was in danger, causing thoughts of his family and coworkers to flash through his mind -- left him shaken and he described having times of trouble sleeping and displaying other symptoms of stress, he said. 

Friedman spoke next and said that Thomas was prepared to go to trial until Interim Judge Micheal Pietruszka proposed a plea settlement, which both sides then accepted. Friedman said Thomas was a lucky man -- lucky to be alive, lucky that he wasn't charged with a more serious crime, lucky to get the plea offer he did and given his good fortune, but the serious nature of the crime, he should be given no leniency in sentencing.

Welch noted that his client never had a prior violent felony charge and it had been nearly two decades since his last criminal conviction, a misdemeanor, and it's been since 1996 that he was convicted of a felony, a DWI. Therefore, he said, he deserved a probationary sentence with credit for time served (he's been in jail for 11 months).  

While Flanigan noted that Thomas hasn't admitted to threatening the officer, Welch said when a blood sample was taken from Thomas at 8 a.m., four hours after the alleged confrontation, Thomas had a BAC of .22 and has said he doesn't remember much about that morning and doesn't believe he would have threatened a police officer with a knife.

The defense attorney also noted that even though police had control of the crime scene from the time they arrived until the investigation was completed, there was never a knife found on Thomas or at the scene.

Davon Shaquille St. John, 18, of Oak Street, Batavia, is charged with assault, 2nd. St. John is accused of assaulting somebody while confined at the Genesee County Jail at 8:49 p.m., Monday. He was jailed on $10,000 bail.

Wayne L. Pierce, 75, of Alexander, is charged with forcible touching. Pierce is accused of inappropriately grabbing a female employee at the Ben Go's gas station in Attica.

Bishop Williams, 23, of Genesee Street, Le Roy, is charged with criminal sale of a controlled substance, 4th, and criminal possession of a controlled substance, 4th. Williams is accused of selling Suboxone in May while in the Village of Wyoming. He was arrested by Wyoming County Drug Task Force following an investigation. He was jailed on $15,000 bail.

Odanis Betances, 21, of Morris Avenue, Bronx, is charged with petit larceny. Betances is accused of stealing $125.99 in merchandise from Kmart.

Brian James Lipinski, 33, of Richley Road, Darien, is charged with criminal possession of a forged instrument. Lipinski allegedly used a counterfeit bill to pay for food delivered to his residence.

Jarvis Davon Seymore, 33, of Michigan Street, Rochester, is charged with unlawful possession of marijuana, unlicensed driving, aggravated unlicensed driving, and speeding. Seymore was stopped at 1:51 p.m., Monday, on Clinton Street Road, Stafford, by Deputy Chad Cummings.

The Batavia Town Board took another step in the municipality’s drive to attain Clean Energy Communities status Wednesday night by approving two resolutions -- one to convert the town’s street lights to energy-saving LED lights and the other to apply for a Unified Solar Permit grant through the New York State Energy Research and Development Authority.

The board voted to utilize National Grid’s LED outdoor street lighting conversion program that enables communities to switch from high-pressure sodium to LED lighting. LED conversion is one of 10 “high-impact actions” listed on NYSERDA’s Clean Energy Communities checklist.

Town Engineer Steve Mountain said that the town will be converting 75 street lights via the National Grid plan at a minimal cost -- about a $9 increase per month in the town's electric bill over a 10-year period.

"There is an incentive from NYSERDA built into the program," Mountain said, "which translates to energy savings over time."

Mountain said that the National Grid program is much cheaper than contracting with a private enterprise, which could cost as much as $50,000. He said he expects the LED conversion to be completed by this summer.

The LED conversion is the last of four actions performed by the town as a requirement to apply for one of 14 Clean Energy Communities grants in the Genesee/Finger Lakes Region. NYSERDA is offering four $100,000 grants and 10 $50,000 grants to municipalities of up to 39,999 people.

Previously, the town implemented three other “high-impact actions” – Benchmarking, Unified Solar Permit and Energy Code Enforcement Training, Mountain said. 

The second resolution passed last night paves the way for the town to receive a $2,500 grant from NYSERDA as an incentive for adopting the NYS Unified Solar Permit. The Unified Solar Permit is a mechanism to help communities reduce costs and delays relating to solar installations.

In other action, the board:

-- Approved a resolution to operate and maintain the Edgerton Road Water District in the Town of Elba, which services two residences, at the current rate of $5.10 per 1,000 gallons of water for a regular customer and $3.73 per 1,000 gallons of water for an agricultural customer.

The privately funded water district that was added on to a previous water district in Elba consists of about 4,500 linear feet of 6-inch diameter water main and all related hydrants and other accessories.

-- Passed a resolution to appropriate $2,695 in 2017 to support the Genesee County Senior Center recreation program.

-- Voted to buy a new Toshiba printer for the Town Hall at a cost of $8,330, along with annual maintenance agreements at a cost of $1,458 plus overages. The building’s current copier will be transferred to the highway facility.

-- Announced that there will be a public meeting at 6:30 p.m. Wednesday, Feb. 22, to address questions about the Alexander Road/Pearl Street Road sewer extension.

Boys Basketball

• Batavia 57, Greece Odyssey 46 FINAL
• Oakfield 66, Attica 51 FINAL
• Byron-Bergen 58, Alexander 44 FINAL
• Cal-Mum 60, Letchworth 51 FINAL
• Le Roy 53, Warsaw 50 FINAL
• Kendall 50, Notre Dame 49 FINAL
• Pembroke 69, Holley 48 FINAL
• Lyndonville 60, Wheatland-Chili 34 FINAL
• Geneseo 66, Pavilion 48 FINAL

Byron Town Supervisor Peter Yasses said he respects the wishes of the municipality’s residents, who voted down a proposal to build a new highway garage on Wednesday, but he didn’t hold back expressing his disappointment with the decision.

“The people have spoken, and I’m OK with it,” Yasses said in reference to a 250-145 vote that shot down town leadership’s bid to construct a slightly expanded steel structure to replace the current 60-year-old, six-bay block building next to the Town Hall on Route 237.

The $1.895 million project would have been paid by town taxpayers over 30 years, Yasses said, with the increase in the taxes (possibly up to $90 per year on a home assessed at $88,000) dependent upon whether any grants could have been obtained.

Yasses and a committee of town council members and employees had worked with the town engineer and an architect to come up with a plan that they believed was the best solution to replace the garage, which they deemed as “cramped, inadequate and unsafe.”

The supervisor previously stated that the highway department’s four full-time employees and one part-time employee work in a building that isn’t big enough to properly park its three 10-wheelers and one single-axle vehicles and its loader, and is saddled with safety issues.

Specifically, Yasses said the narrow width and low height of the current bays have forced workers to park vehicles sideways and put holes in the walls to make room for the plows. He also reported that the building’s heating and ventilation systems were faulty, and that windows and doors were deteriorating.

Yasses blamed the proposal’s defeat, in part, to “lies and scare tactics” spread by two vocal opponents, John Sackett Jr. and (former highway superintendent) George Heins.  Sackett and Heins were instrumental in getting enough signatures on a petition to force Wednesday's referendum.

The supervisor also said that the two men sent out letters and went door-to-door to persuade residents to vote against it.

“They used scare tactics, stating that it would double the tax (rate) and they were quoting stuff that no one knows yet, things that haven’t been agreed upon,” Yasses said.

Yasses said more than $6,000 was spent to develop the plan – which would increase the current building’s size from 40 by 113 square feet to 63 by 152 square feet with seven bays – and to conduct the public vote.

“The problem won’t go away,” Yasses said. “It has to get solved, but we’re not going to spend any more money on it this year.”

Heins, a 25-year highway department employee and superintendent for 12 of those years, said he understands that another building is needed but not “a $2 million barn with interest.”

“They can put up another one behind the current building – a three-bay barn for the longer 10-wheel trucks,” Heins said. “They can use the $400,000 that is in the reserve account.”

He cited other factors such as the town’s decreasing unexpended fund balance, uncertainty surrounding Genesee County’s sales tax negotiations with other municipalities, and a proposed $22 million bond to renovate Byron-Bergen Central School as ample reasons for residents to be concerned over a tax increase for a new highway garage.

“We’ve been trying to do something about the garage for years, but tearing it down is not the answer,” he said.

Amelia R. Witkowski is indicted on the crime of second-degree burglary, a Class C violent felony. It is alleged that on Jan. 29, 2016, that Witkowski knowingly entered or remained unlawfully in a dwelling on Main Road in the Town of Pembroke with the intent to commit a crime. In count two, she is accused of the crime of making a punishable false written statement, a Class A misdemeanor. In count two, it is alleged that Witkowski knowingly made a false statement on Jan. 30, 2016, in the Town of Pembroke, which she did not believe to be true, in a legally authorized written instrument, which noted that false statements made therein are punishable.

Scott T. McCoy is indicted on the crime of criminal possession of marijuana in the second degree, a Class D felony. It is alleged that on July 27 in the Town of Pembroke that McCoy knowingly and unlawfully possessed one or more preparations, compounds, mixtures or substances containing marijuana and these were of an aggregate weight of more than 16 ounces (1 pound).

From left, Eva Rhoads, Karly Smith and Bekki Allen.

From left: Teagan Mathes, Bella Verratti, Elizabeth Verratti and Clare Mathes.

In foreground, Eva Rhoads showing Riley Smith the riding pattern.

(Submitted photos) Press release:

On Saturday, Jan. 21^st, the Genesee County 4-H Rustic Riders Club hosted a 4-H Pony Party for Genesee County 4-H members. The party was planned by 4-H Rustic Riders Club members Eva Rhoads, Karly Smith and Bekki Allen as a way to promote the 4-H Horse Program to other 4-H members.  

The party had a great turnout and featured a series of horse themed educational activities and games, including horse bingo, face painting, horse breed cookie decorating and even the snacks and water bottles were labeled with fun horse facts. Experienced members also taught riding patterns to new members by playing a stick horse game. 4-H members from both Genesee County horse clubs came together and helped lead all of the stations and activities throughout the event.

Genesee County 4-H Horse Program members are now busy preparing for the upcoming Regional 4-H Horse Extravaganza, which features Horse Bowl and Hippology Contests.  Both contests test the 4-H members’ knowledge of equine related topics. The Horse Bowl Contest is a Jeopardy-style quiz competition, while hippology is a hands-on test of identifying equipment, feeds and other equine facts.

For more information about the Genesee County 4-H Program, contact the 4-H Office at 585-343-3040, ext. 101.

Press release from Assemblyman Steve Hawley:

“I am deeply concerned that the package of criminal justice bills that were brought to the floor the past two days by New York City special interests are soft on crime and endanger our families across the state.

"By raising the age of criminal responsibility from 16 to 18 we are allowing violent felony offenders to be tried in our family court system and allowing them more lenient sentences. Individuals should be responsible for their own actions and we should never put the rights of criminals above the safety of law-abiding citizens.”

Press release:

Assemblyman Steve Hawley (R,C,I-Batavia) announced today that he has written a letter to the Speaker of the Assembly, Carl Heastie (D-Bronx), strongly encouraging the full funding of libraries in this year’s budget.

Gov. Cuomo has proposed to cut $4 million from library aid in his Executive Budget proposal. Sixty legislators from around the state, including Hawley, have signed onto the letter.

“…According to libraries in my district, New York State Education Law requires Library Aid for FY 2017-18 to be $102.6 million…the current level, a reduction of $4 million, at $91.6 million, places library aid at 2000 funding levels,” Hawley wrote.

“...Our constituents, who range from toddlers to the elderly, depend significantly on the services provided by our libraries. We are sure you would agree that each and every New Yorker should be afforded equal access to the internet, ESL courses, and literacy classes offered by our libraries.”

Hawley, a strong proponent of community libraries, argues that libraries are essential to providing students and adults, especially in rural areas, with access to broadband Internet and other educational resources and strengthen the communities in which they are based.

“Libraries are one of those unique public resources that can be used by everyone and offer a plethora of educational and leisure opportunities that help to enrich our society and create a stronger, more educated New York State,” Hawley said.

“Local libraries often serve as public meeting spaces for various local groups, provide classes, videos, books, high-speed Internet access and research materials for students. One of the cornerstones of our advanced society is the ability to explore through education, and we mustn’t hinder that ability.”

Press release:

Batavia Downs Gaming & Hotel is proud to announce that Runaway June, singers of the country hit single “Lipstick,” will be performing at Batavia Downs Gaming’s Paddock Room Events Center on Friday, April 21^st. Tickets will go on sale at their website, BataviaDownsGaming.com, at 10 a.m. on Friday, Feb. 17^th. 

“As the area’s premier entertainment destination we are committed to bringing exciting musical acts like Runaway June to entertain our loyal patrons,” said Ryan Hasenauer, director of Marketing at Batavia Downs Gaming. “We are looking forward to having Naomi, Hannah and Jennifer onsite for what is sure to be a fun and memorable experience for their fans and soon to be fans.”

All tickets are $10 General Admission plus facility and processing fees.

About Runaway June

Composed of the organic, three part harmonies of Naomi Cooke, Hannah Mulholland and Jennifer Wayne, Runaway June is Wheelhouse Records brand new vocal trio. With its debut single “Lipstick,” Runaway June is the first all-female trio to earn a Top 30 hit on the Billboard Mediabase Country charts in a decade.

About Batavia Downs/WROTB

Owned and operated by 15 Western New York counties and the cities of Rochester and Buffalo, Western Region Off-Track Betting Corporation is a public benefit corporation with headquarters in Batavia, NY. WROTB owns and operates 29 branches, as well as Batavia Downs Gaming, a standard bred racetrack and gaming facility. Since its inception, Western Region OTB has generated over $215 million in operating and surcharge revenues to the taxpayers of those participating municipalities. 

Press release:

Strength in Numbers Entertainment announced the 2017 dates for the annual American Warrior Concert sponsored by Red Osier Landmark Restaurant to be held June 2nd and 3rd at "The Ridge NY" on Conlon Road in Le Roy.

For the past four years the event was held in Southern California, but going into its fifth year Strength In Numbers Entertainment owner Dan Clor insisted on going back to his roots and producing the festival in his hometown.

The American Warrior Concert is known for serving as a tribute and to honor the military's active and retired personnel. The American Warrior Concert 2017 will be giving away up to 2,000 General Admission show tickets to veterans and active duty military alike.

This event also donates to a nonprofit veterans' organization of its choice. This year’s event beneficiary is Warrior House of WNY Inc., in Medina, an organization that uses the outdoors to help heal veterans mentally and spiritually. Rochester Vets Center and Honor Flight Rochester will also be in attendance to provide our veterans with additional beneficial information. If you are a veteran or are still active duty, and would like to see the show for free, please contact us and we will make sure that your name is included.

The American Warrior Concert headliner will be none other than Weapon-X, frontman Dan Clor's military inspired heavy band. All other acts scheduled to date include D-ZL, Audibull, Diana Zinni, James D Jackson, Jason Wallace, Ryan Whyman, Black Valentine, Invictra, Kenny Drury, Johnny Bauer, The Dirty Bourbon Blues Band, Delano Steele, 1916, Danny B, Le Roy High Marching Band/Chorus, Dave Riccione Blues Trio, Shawn T, Greg Chako Jazz Trio, Woody Dodge, Ball Cheeze Psychotics and Justin Williams. These acts represent a wide variety of music, something for everyone’s musical tastes.  More acts are being added to the bill.

Clor, a military man himself who is a Marine veteran having served overseas in Iraq sums up the benefit concert with, "American Warrior Concert 2017 -- A celebration of our troops, veterans, and American way of life." The concert is an all-ages event featuring one main stage, a side stage, an acoustic stage, VIP tent, music lesson tent, open jam tent, camping, craft beer, BBQ, vendor booths and is scheduled to have 20+ bands perform.

If you are a local business that would like to be involved with our American Warrior Concert as a sponsor, vendor or contributor please contact us at the number/e-mail above.

To purchase concert tickets click here.

To rent a campsite click here.

Press release:

To help reduce further transmission of influenza and/or other infectious diseases, Rochester Regional Health is instituting the following restrictions for hospital visitors at United Memorial Medical Center in Batavia.

• Visitors will be limited to no more than two people per patient at a time;
• All visitors must be at least 14 years old;
• Please do not visit a patient if you feel you are ill, including sore throat, fever, runny nose, coughing, sneezing, or other flu-like symptoms -- even if you have been vaccinated against the flu

Current status as of Feb.15:

• Rochester General Hospital (Rochester) – Visitor restrictions in place
• Unity Hospital (Greece) –  Visitor restrictions in place
• United Memorial Medical Center (Batavia) – Visitor restrictions in place
• Newark-Wayne Community Hospital (Newark) – No visitor restrictions
• Clifton Springs Hospital & Clinic (Clifton Springs) – No visitor restrictions

A teen from Le Roy has been charged with multiple counts of rape in the first degree following a joint investigation between Attica PD and the Genesee County Sheriff's Office.

The investigation began with a single complaint when a student revealed information about an alleged sexual encounter to a school official in Attica.

During the investigation, additional children came forward and made similar allegations. 

Leonard E. Hahn IV, was subsequently arrested by Attica PD.

Assisting in the investigation were investigators Tim Wescott and John Dehm of the Genesee County Sheriff's Office.

The victims are all under age 11.

The Justice for Children Advocacy Center in Batavia assisted in the investigation.

Hahn was jailed on $100,000 bail or $200,000 bond. He is being held in Genesee County pending further proceedings in Genesee County and Wyoming County.

Anyone with additional information is asked to contact his or her local law enforcement agency.

Statement from Bethany Town Supervisor Carl Hyde:

As a Veteran, a taxpayer and a lifetime resident of New York I find it very unsettling that Governor Cuomo wants to dissolve local municipalities into a single County government.

First off he (the Governor) would like to remove “Home Rule” from our communities.

For those that don’t know what “Home Rule” is, it is the right to local self-government including the powers to regulate for the protection of the public health, safety, morals and welfare, to license, tax and incur debt. The freedom of choice, non-interference, non-intervention, political independence, self-reliance and self-subsistence.

So ask yourself why does the Governor want to do this?

The Governor is also trying to extort our municipalities into consolidation by withholding $715,000,000.

In AIM (Aid & Incentives for Municipalities) funds unless the municipalities have a plan to consolidate services by August 1, 2017 or it goes to a voter referendum at November’s election. If it doesn’t pass the Governor wants Municipalities to try it again in 2018.

Can a Governor be so out of touch with the Municipalities in his State you may wonder? Yes he is. The Municipalities already have shared service agreements to help each other in times of need. These agreements have been in place for several decades! And there is NO duplication of services.

There are 58 Counties in the State of California (for example) and only 1 County (Colusa) has kept their “Home Rule.” All the other Counties have to ask permission from the Governor to do anything. See how that’s working for them or should I say NOT working for them.

The Constitution was written by the people for the people to eliminate Kings, Queens and Dictators.

Go to your Town Board meetings, your Board of Supervisor meetings and your County Legislature meetings. Call or visit your Assemblymen and women and your Senators.

Ask questions and get informed as to what is going on in New York State.

A property-damage accident is reported in the area of 5768 Clinton Street Road, Batavia.

A caller reports smelling smoke coming from one of the vehicles.

No injuries are reported.

Town of Batavia fire dispatched.

UPDATE Noon: Mercy EMS requested non-emergency.

Bryn Luckey once again came up with the winning shot, hitting a three-pointer at the close of the game to give Le Roy a 37-34 win over Warsaw.

Luckey finished with eight points, as did Libby Loftus. Lydia Borrelli and Ceci Tillson each had seven.

Girls Basketball

• Warsaw 34, Le Roy 37 – FINAL
• Odyssey 41, Batavia 30 FINAL
• Rochester Prep Kendall – not yet available
• Geneseo 47, Pavilion 40 FINAL
• Letchworth 35, Cal-Mum 33 FINAL

Hockey

• Churchville-Chili 6, Genesee Ice Devils 4 FINAL