NOTE: This story is a complete version of the breaking news item we posted earlier today.

The Le Roy resident charged with murder in the shooting death of Norman "Don" Ball during the early morning of Dec. 1 entered a plea in Genesee County Court this afternoon of not guilty by reason of mental disease or defect.

District Attorney Lawrence Friedman told Interim Judge Micheal Pietruszka that two psychologists examined the 53-year-old defendant, Kyle G. Johnson, and both found that Johnson is dangerously mentally ill. One expert was hired by the defense and one by the prosecution. If the case had gone to trial, both would have testified about Johnson's mental condition.

Defense Attorney Jerry Ader told Pietruszka that at trial he would mount what is called an "affirmative defense" that his client was affected by mental illness that time the crime was committed. With the prosecution's own expert witness agreeing with the diagnoses, Friedman said the people would accept the plea.

Johnson was facing an eight-count indictment that included charges of murder, burglary, arson and attempted murder. Johnson the suspect in the shooting death of Ball, accused of entering his Selden Road neighbor's home and shooting him in the head while he slept, and then returning to his own residence and setting it on fire and then firing a Le Roy fire chief and a Le Roy police officer when they responded to the fire alarm.

There was then an hours-long stand-off with Johnson while he wandered around the area of his burning home, reportedly asking officers to shoot him, and a couple of moving times toward officers with his rifle cradled in his arms.  Emergency response teams, with armored vehicles,  from Genesee County and Monroe County swarmed the scene and Johnson, surrounded, eventually agreed to peacefully surrender to authorities.

After accepting Johnson's plea, Pietruszka ordered Johnson transferred to a state-run, secure mental health facility where he must undergo further evaluation to confirm the diagnoses. He will be evaluated either by two psychologists or a psychologist and a psychiatrist. The results of those exams will determine whether Johnson remains in a secure mental health facility or is moved to an in-patient facility or released. That decision will be based on whether he is found dangerously mentally ill, mentally ill or not mentally ill.

"We fully expect they will find him dangerously mentally ill," Friedman said.

In court, Friedman said that Johnson's mental health history, stretching back 11 years, was 400 pages long. He did not reveal what sort of mental health issues that Johnson may have been treated for, or if any of that record indicated anything about being a threat to himself or others.

Today's plea ends all further criminal prosecution of Johnson these charges, Friedman said, even if at some later date -- next week, next month, next year, or years from now -- he is deemed mentally healthy enough to return to society.

Pietruszka asked Johnson during the hearing if he understood that his plea could mean he would spend the rest of his life in a mental institution, and Johnson said yes.

Throughout all of Pietruszka's questions, Johnson made no statement beyond answering yes or no.

Friedman said with the plea, it's quite possible that Johnson will spend more time in confinement than if he had gone to trial, been found guilty and sentenced to prison.

Johnson will be taken to the Rochester Psychiatric Center and held there while undergoing exams. The staff has 30 days to complete a report, but a 30-day extension could be requested. Pietruszka did not want to schedule Johnson's next court appearance until the report is completed.

If the case had gone to trial, Johnson would face multiple ranges of potential prison terms, including a max of 40 years to life.

Outside of court, the children of Don Ball were not entirely happy with Johnson's plea and the fact that he will avoid prison, as well as a belief that the system failed by allowing Johnson to be free, and own a weapon, even before Dec. 1.

"We're not very happy that he's not going to be incarcerated, but we will all work very hard to ensure things like this don't happen again, where somebody like this is let out of a secure facility and then be able to be unsupervised in society," said Ryan Ball, standing with his sister Cherie Wesser, Shawan Gell. Jeanette Keating,

Ball also said he saw some benefit to Johnson receiving mental health treatment. He just doesn't trust that Johnson won't be released at some point.

"He needs help like that," Ball said. "He needs to be in a secure place. He's a dangerous person and he has been in and out for the past 11 years. Even though that has happened, he was let out by those people. Now he's in another secure facility. What are the chances that he will be let out again? It's as if they waited for something to happen. Now that something did happen, they're saying, 'well, maybe, he will be in for the rest of his life.' That's very upsetting."

Keating questioned whether the government is really doing a good enough job protecting the public from dangerously mentally ill people. 

"If there were better policies and procedures in place for the mentally ill, then maybe our dad would still be here," Keating said. "The revolving door is upsetting -- to see somebody released, still having a mental defect, with just the hope that they will continue with their medication when there is no supervision."

Asked if they were concerned that Johnson had been able to obtain a firearm, Keating said, "absolutely."

"That was one of our first questions," she said. "How is it that he had a firearm?"

Ask if he felt the judicial system had let the Ball family down, Ryan didn't go that far.

"It's a failure at some point," Ball said. "I'm not sure what that point is, but I'm going to work hard to find out exactly where this failed. This guy has been known to be a dangerous and mentally ill person for a long time."

Friedman also seems to express some doubts about how Johnson obtained a firearm and was not better supervised.

"This (Johnson obtaining a firearm) is a very big concern, obviously," Friedman said. "Unfortunately, that is something that was not prevented in this case. We can talk about the possible failings of the system in the past that this happened, but this is just a tragedy."

Press release:

Mr. Collins’ appearance today on MSNBC was insensitive to the Khan family and self-serving. As the representative of the people of NY-27 and a so-called advocate for Veterans it was even more thoughtless and uncaring.

Diana Kastenbaum said, “Collins continued to be Trump’s surrogate by reiterating the insults to the Khan family in his interview. To have a talking point, which he used not once but twice, saying that it happened 12 years ago made it seem somehow irrelevant. My response to Mr. Collins is - the loss of a child has no expiration date for one’s grief. Collins also stated that Mr. Khan is not immune from anything as he has entered the political fray; therefore he leaves himself open to condemnation and criticism. I would ask Mr. Collins, is that how we treat the memory of our heroes and Gold Star Mothers among us?”

Mr. Collin’s defense of the Trump attacks on the Khan family was another opportunity for him to stand by the Republican nominee and the divisiveness that he is inflicting on our country. 

UPDATE: Democratic leaders from the 27th District have also put out a statement:

The Democratic chairs of the eight counties that comprise New York's 27th District condemn in the strongest terms Rep. Chris Collin's outrageous statement on MSNBC this afternoon. As he desperately attempted to defend his chosen candidate's criticism of the Kahns, the Gold Star family who criticized Donald Trump's proposal to ban Muslim immigrants since it would have prevented their son who died heroically in the service of our nation from even entering the United States, Rep. Collins went way over the line.

Incredibly, he accused Mr. Kahn of using his dead son as a "shield" from criticism and suggested he deserved anything he got, since he had dared to enter the fray.

Veterans and their families make up a proud part of this congressional district. All of them understand better than Mr. Trump or Rep. Collins what sacrifice actually means. Capt. Khan died defending his men and our nation. His family deserves our thanks and our compassion.

Rep. Collins brags about his role as a surrogate for Mr. Trump, even saying a few weeks ago that he had appeared on cable television for Mr. Trump's campaign over 100 times. We have to wonder how much he is even concerned with New York's 27th district, in the midst of this whirlwind of activity. We understand that Rep. Collins desperately wants his candidate to become president, since, as he admits, he hopes to be named

Secretary of Commerce. Today's comments prove there are no depths to which Mr. Trump can sink that he will not gladly follow. The voters of NY 27 deserve a representative who has as his priority the people of the district, not his own advancement. The many veterans and service families of NY 27 also deserve someone who understands and appreciates the sacrifices they made and continue to make. Rep. Collins clearly does not. 

Jeremy Zellner, Erie County Democratic Chair
Nick Forster, Niagara County Democratic Chair
Jeanne Crane, Orleans County Chair
Lorie Longhany, Genesee County Democratic Chair
Harold Bush, Wyoming County Democratic Chair
Judith Hunter, Livingston County Democratic Chair
Jamie Romeo, Monroe County Democratic Chair
John Hurley, Ontario County Democratic Chair

Lorie Longhany, the Genesee County chair, when sending over the press release, also included two relevant links:

• MSNBC video
• Talking Points Memo

Carrie Almond says she is "as stubborn as a Missouri mule" and it is that tenacity that has put "Rosie," the red, white and blue 2015 Thor Palazzo motorcoach, on an ambitious nationwide tour to elect a Republican president by registering GOP-leaning women to vote.

"I came up with the idea and we will keep going until November 7th or until the money runs out," said Almond, president of the National Federation of Republican Women.

She and other members of the NFRW parked the bus at the Old County Courthouse on Monday afternoon in an effort to rally the troops -- women who are leaning toward casting their ballot for Donald Trump.

She was welcomed by Rachael Tabelski, of Batavia, president of the Genesee County Women's Republican Club, and Genesee County Legislator John Deleo, among others.

Almond, an executive vice president of Citizens Bank & Trust, a northern Missouri financial institution, sees 2016 as a "critical election cycle, not only for the nation's highest office but for Republican political leaders down the line. And, during the "Destination: White House" tour that began on Mother's Day and already has hit 24 states, she said she likes what she has been hearing from the public.

"Women that I have heard from believe that this election is bigger than gender," she said. "They are telling me we can't afford a third term of Barack Obama's policies by putting Hillary Clinton in. They are concerned about the Supreme Court, national security, the economy and jobs."

Almond said "Rosie," which is named after Almond's grandmother, has logged 14,000 miles thus far, and will put on at least that many more as a swing to the West Coast is on the itinerary. During a stop in Ohio, Almond said she had the privilege of addressing the National Republican Convention in Cleveland.

"I spoke about the fact that we passed a unity resolution iln March calling for women to get behind our presumptive nominee (Trump) and that we will are traveling by bus to motivate our club members to get the vote out," she said, noting that around 23 million women in the United States are not registered to vote.

Founded in 1938, the NFRW lists a membership of 65,000 women who "do the work," Almond said, tasks such as coordinating voter registration rallies, making phone calls, and working during election days. She said her group has been fundraising continuously in an effort to keep the bus in gear.

"We're dialing for dollars and begging for money every day to keep Rosie on the road," she said. 

For more information about the NFRW or to donate to the cause, go to www.rosie16.com.

Daniel Dioguardi was sentenced in Genesee County Court today to a prison term of two to four years on his conviction for third-degree burglary.

The Le Roy resident was arrested in May, 2015, in connection with a break-in on Columbia Avenue that resulted in the theft of some PlayStation4 games, which were traded in at a local game store. That helped police identify Dioguardi, Det. Eric Hill said, and Dioguardi was also known to the victim.

Dioguardi apologized to the people he hurt, his family, and the court "for taking up everybody's time."

He thanked Interim Judge Michael Pietruszka for giving him a shot a substance-abuse rehabilitation, which his attorney Jamie Welch said had gone well for Dioguardi.

Dioguardi said getting clean allowed him to reconnect with his family, especially his 4-year-old son, whom he called his "little angel."

The sentence was enhanced because Dioguardi has a prior felony conviction. He was on probation at the time of this arrest, and under terms of the plea deal, Pietruszka gave Dioguardi one-and-a-third to four years in prison, to be served concurrently with the prison term for burglary.

A car vs. motorcycle accident is reported in the area of Ellicott Street Road near Shepard Road. Town of Batavia fire command asks for traffic to be shut down at Ellicott Street Road and Batavia Stafford Townline Road. Mercy medics are also responding. No word on injuries.

UPDATE 5:38 p.m.: Eastbound traffic on Ellicott Street Road is being diverted at Cedar Street.

UPDATE 6:15 p.m.: This accident did not involve a motorcycle. According to Town of Batavia Fire Chief Dan Coffey, it was a collision between a car and a "dump-style" agricultural vehicle and there were serious injuries. One person was transported via ambulance to UMMC. A small amount of hydraulic fluid was spilled as a result of the accident; thus it included a haz-mat incidence response.

UPDATE 6:44 p.m.: According to a just-issued press release from the State Police, this was a fatal accident. There were no other injuries. Route 63 between Shepard Road and Batavia Stafford Townline Road will be closed till 8 p.m. The investigation is ongoing.

UPDATE 8:28 p.m.: State Police just notified local media that family notifications have been completed; however, the name of the deceased has not yet been released. Route 63 is still closed.

Submitted photos and information:

Lost Dog. Found today on East Main Street in Batavia. Female, approximately 30 pounds. Very friendly, at some point had puppies. No tags so she is at the Genesee County Animal Shelter.

Press release:

National Night Out will be held from 6 to 8 p.m. on Tuesday, Aug. 2, at the Birchwood Village Apartments in Batavia.

The City of Batavia Police Department along with other police agencies nationwide will take time to celebrate positive community relations with neighbors and citizens during this event.

Locally, it is being coordinated by the city's Youth Bureau, with donations provided by Target, BJ's Wholesale Club, and the Batavia Police Benevolent Association.

Everyone is welcome. The complex is located at Pearl Street and Dewey Avenue in the City.

"The Batavia Police are fortunate to serve a community that strongly supports the mission of safety and well-being of all citizens," says the press release.

Press release from the Genesee County Sheriff's Office, approved by Sgt. John L. Baiocco:

A 17-year-old female who lives on South Street in Le Roy was arrested July 29 for allegedly possessing marijuana while at the Darius Rucker concert at Darien Lake Performing Arts Center. She is due in Darien Town Court on Aug. 16 to answer the charge.

Ricky On Lei, 27, of South Clinton Avenue, Rochester, is charged with possession of 10,000-plus unstamped cigarettes, third-degree aggravated unlicensed operation of a motor vehicle, and failure to stop at a stop sign. Lei was arrested at 7:34 p.m. on July 31 at 7238 Alleghany Road, Alabama, after a traffic stop. Lei allegedly was in possession of more than 10,000 untaxed cigarettes at the time. Allegedly, he was also operating the vehicle with a suspended driver's license and failed to stop at a stop sign. He was arraigned in Town of Alabama Court and put in jail in lieu of $2,500 cash or $5,000 bond. He is due in Alabama court on Aug. 11. The case was handled by Genesee County Sheriff's Deputy Michael Lute.

Summer Anne Bliss, 22, of Overlook Drive, Batavia, is charged with second-degree harassment. She was arrested at 10:30 a.m. on July 28 on Overlook Drive for allegedly punching a person in the head during a verbal altercation that turned physical. Bliss was arraigned in Town of Batavia Court and released. She is due in Town of Batavia Court at a later date. The case was handled by Genesee County Sheriff's Deputy Andrew Hale.

Mark Christopher Hanna, 36, of Lenox Street, Rochester, is charged with unlawful possession of marijuana and speeding. Hanna was stopped at 9:06 a.m. on July 30 on Route 33 in the Town of Stafford for a speeding violation. It was determined after an interview that Hanna was allegedly in possession of a quantity of marijuana. He was arrested on the charge, processed and released on an appearance ticket for Aug. 18 in Town of Stafford Court. The case was handled by Genesee County Sheriff's Deputy Richard Schildwaster, assisted by Deputy Andrew Hale.

The Genesee County Sheriff's Office announced 10 more arrests -- all for marijuana possession -- at the G-Eazy concert at Darien Lake Performing Art Center July 29. All were issued appearance tickets for Aug. 16 in Darien Town Court.

• Casie Nuernberger, 22, of Fenton Street, Buffalo
• Brandon S. Konstanty, 23, of Burch Road, Ransomville
• Joshua W. Rodrigquez, 27, Todd Avenue, Jamestown
• Cody B. Hayes, 18, of Mason Avenue, Rochester
• Justin P. Rathbun, 19, of Willowood Drive, Rochester
• Joseph C. Stiglmeier, 24, of Harding Road, Williamsville
• Matthew J. Soos, 19, of Creekview Drive, Hamburg
• Christian M. Craven, 20, of Vliet Boulevard, Cohoes
• Fletcher J. Ace, 18, of County Road, 17, Belfast
• A 17-year-old of Hall Road in Elma

For the previous report on arrests at this G-Eazy concert click here.

The Le Roy resident charged with murder in the shooting death of Norman Ball during the early morning of Dec. 1 has entered a not guilty by reason of mental disease or defect.

District Attorney Lawrence Friedman told Interim Judge Micheal Pietruszka that two psychologists examined defendant Kyle Johnson and both found that Johnson was not guilty by reason of mental disease or defect. One expert was hired by the defense and one by the prosecution, and if the case had gone to trial, both would have testified about Johnson's mental condition.

Johnson was facing an eight-count indictment that included charges of murder, burglary, arson and attempted murder.

After accepting Johnson's plea, Pietruszka ordered Johnson transferred to a state-run, secure mental health facility where he must undergo further evaluation to confirm the diagnoses.

If the case had gone to trial, Johnson would face multiple ranges of potential prison terms, including a max of 40 years to life.

UPDATE: The final version of the story can be found by clicking here.

A 55-year-old Byron resident can expect to spend 12 and a half years in state prison after entering a guilty plea to attempted murder today in Genesee County Court.

David O'Connor entered his plea on an Alford basis, which means he isn't admitting to the factual claim underlying the attempted murder charge, but that he would likely have been found guilty at trial.

According to District Attorney Lawrence Friedman, O'Connor denies that he was firing his rifle from the second floor of the Byron Hotel at Deputy Andrew Hale, attempting to kill him, on March 7. O'Connor maintains that he was aiming at the tires of the deputy's patrol vehicle.

The shot blew out the back windows of Hale's SUV.

The plea was part of an agreement that will cap O'Connor's prison term to 12 and a half years and avoids a trial.

Sentencing is scheduled for Aug. 30.

O'Connor made no statements in court today.

Previously:

• Single gunshot in Byron highlights the dangers of modern law enforcement
• Upgraded charge for man accused of firing on deputy
• Plea offer pending for man accused of firing at deputy

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A reader found this dog wandering in the area of College Road near Bank Street at 10:30 p.m., Friday. They've looked for info on lost dogs and seen none reported in the area and there's been no such dog reported missing to the Animal Shelter, they said. "He's the sweetest dog." They will be giving the dog a temporary home hoping the owner will be found soon. If you think this dog is yours, please call 585-409-3383.

The National Federation of Republican Women are about to embark on a voter registration drive in swing states and the bus tour will stop in Batavia today.

Federation President Carrie Almond is expected at the stop along with federation officers, local elected officials and members of the Genesee County Women's Republican Club.

The purpose of the tour is to convince women in 11 swing states to register Republican and support the Republican's nominee for president, Donald Trump.

The event is at the Old Courthouse from 5:30 to 7:30 p.m. and the public is invited.

Shake on the Lake, Genesee Valley’s Shakespeare Festival, now in its fifth season, performed Saturday at Darien Lakes State Park, entertaining an audience with "Twelfth Night," co-produced by Arkansas Shakespeare Theatre.

The evening, which opened with plein air artists painting Darien Lakes landscapes, was sponsored by GO ART!

If you missed the performance, there are opportunities this week to see it in Attica and Silver Lake. For more information, visit the theater company's website.

A single-car accident with an individual complaining of neck pain is reported in the area of the Totem Pole on Ledge Road, Basom.

Alabama fire and Mercy EMS responding.

UPDATE 4:06 p.m.: Law enforcement requested to the scene. Alabama's responding units can stage in quarters.

UPDATE 4:10 p.m.: Mercy can go back in service. Patient is a sign-off.

Genesee County's unemployment rate remains at pre-recession levels, hitting 3.8 percent for the second month in a row, but there are still fewer people working locally than there were the last time it hit 3.8, in August 2007.

Then, according to NYS labor department statistics, there were 32,600 people with jobs in the county. In June 2016, the most current employment numbers, there were 29,700 people with jobs, a drop of more than 3,000 employed residents.

The labor force participation number has dropped over the same span from 33,900 to 30,800. The number in June 2015 was 31,200.

The labor force participation number reflects the total number of people either working or actively looking for employment. It does not include people who have stopped looking for work, nor does it include people who have voluntarily decided to retire (which as Baby Boomer age does account for at least some of decrease in workforce participation) or people who dropped out of the labor force because of disability.

From 2007 to 2015, Genesee County's population rose from 58,159 to 58,937.

The lowest number of employed local residents over the past 10 years was in January 2015, when 27,300 residents had jobs. The unemployment rate then was 6.8 percent.

Since 1990, the number of employed locally has hovered the range 27,000 and 31,000, and the labor force participation number has remained within a similar range.

These numbers reflect the job market for residents, as for the jobs currently filled within Genesee County, the June 2015 number is 24,000, which is exactly where it was a year ago for non-farm jobs.