A Batavia man who was originally charged with rape for his attack on a woman on South Main Street, Batavia, has chosen a plea deal over the uncertainty of a trial, entering a guilty plea this morning in Genesee County Court to one count of assault in the second degree.

The plea comes with an agreed upon sentence of five years in state prison for Jason Armstrong Sr.

District Attorney Lawrence Friedman said after the plea that deals like this often benefit both the prosecution and the defense. For the prosecution, jury trials can be unpredictable, no matter how certain you are of the case against the defendant. For the defendant, the plea means a shorter jail term than would be the likely result if found guilty at trial of all charges.

"We can never predict what the outcome of a jury trial is going to be and both sides believe they receive some benefit from this," Friedman said.

Armstrong remains free on $100,000 or $200,000 bond.

Sentencing is set for 9:45 a.m., July 6.

Armstrong was indicted in January and accused of anally raping a woman at a residence on South Main Street, Batavia, sometime between Nov. 6 and 10.

Armstrong was also indicted on counts of assault in the second degree for allegedly causing physical injury.

He's also indicted on a count of third-degree assault for allegedly causing physical injury to another person on or about Dec. 5 while at the same address as the alleged rape.

On or about Dec. 22, Armstrong allegedly tried to strangle another person, leading to a charge of second-degree strangulation. That incident also led to a charge of assault, 2nd.

The plea satisfies all criminal charges against him.

News partner WBTA contributed to this story.

Press release:

Tonawanda Valley Federal Credit Union is hosting its inaugural 5K/10K on Saturday, June 11th, to benefit the TVFCU Jr. Banking Scholarship. TVFCU will be awarding deserving high school seniors scholarships to put toward furthering their post-secondary education. 

Local runners, walkers, and those who love to be involved in 5K/10Kraces please contact the credit union. It is looking for race participants and those who want to volunteer to work on the day of the race.

All participants can visit this Web site: www.tvfcubatavia.com click on the 5K/10L logo on the left hand side and then follow the instructions on the landing page to register to participate.

Both runs begin at 9 a.m. at the credit union. The routes are available to view on the TVFCU Web site.

Race fee is $25 from now until May 25th and a race T-shirt is guaranteed. After May 25th, race fee is $30 and a T-shirt is not guaranteed. 

Tonawanda Valley Federal Credit Union
10 Jefferson Square
Batavia, NY 14020

Kristine B. Duran, CEO
kduran@tvfcubatavia.com

Phone (585) 343-5627
Fax (585) 344-2383

Submitted photo and press release:

Assemblyman Steve Hawley (R,C,I-Batavia) today honored members of the U.S. Military Academy during West Point Day in Albany.

Cadets from all across New York State as well as many officers joined legislators in the Assembly Chamber for passage of a resolution honoring the institution, which has guarded New York and the valuable Hudson River from invasion for more than 200 years.

“The U.S. Military Academy at West Point has a tremendous tradition and was critical in protecting our state during the American Revolution,” Hawley said. “As a veteran and son of a veteran, I can relate to the extraordinary sacrifices made by West Point Cadets. I want to thank all the members of West Point for enriching the heritage of New York State and their role in protecting our great nation.”

Hawley currently serves as Ranking Republican Member of the Assembly’s Veterans’ Affairs Committee and sponsors a plethora of legislation which would increase services and free programs for veterans. He delivered an impassioned speech during today’s ceremony praising West Point.

“Tens of thousands of brave souls have graduated from the U.S. Military Academy, and today is a day to recognize the courageous contributions they made so we may all sleep safely at night,” Hawley said.

“Four years of molding, intense physical and mental training, academically rigorous coursework, and military expertise help shape cadets into some of the best and brightest soldiers in the U.S. military. As you leave West Point and enter the Armed Forces, I, along with my colleagues, thank you for your service and for enriching this prestigious academic and military institution.”

A five-car pileup is reported at 41 W. Main St. in the city. That's in front of Napa Auto Parts. City fire, police and Mercy medics are responding.

UPDATE 2:16 p.m.: There were four vehicles involved. All occupants were sign-offs, no injuries. A police officer at the scene said traffic starting backing up and someone slammed on their brakes, causing a chain reaction of rear-end collisions.

Press release:

The Pembroke Music Department will be hosting the first ever Pembroke Music Alumni Concert on Memorial Day Weekend!

There is still time to register to perform if you haven’t already! The cost per performer is $35, and includes a shirt, folder, music, lanyard, and lunches for Friday and Saturday.

There are currently more than 40 people registered from the classes of 1960 - 2015, from Tennessee to Florida, and from Connecticut to Corfu!

The choral selections include: The National Anthem, Pembroke Alma Mater, Handel's "Hallelujah Chorus," "Corner of the Sky" from Pippin, "O Sifuni Mungu," and "Rhythm of Life" from "Sweet Charity."

Rehearsals are:

Friday, May 27

9 a.m. to noon – Chorus Rehearsal

1 to 3 p.m. – Band Rehearsal

Saturday May 28

10 a.m. to noon – Band Rehearsal

1 to 3 p.m. – Chorus Rehearsal

The public concert is 4 p.m. on Saturday, May 28, at Pembroke High School, located at 2486 Main Road, Corfu. General Admission is a suggested donation of $10 at the door to help support the school's Music Department.

Please e-mail Dan Reisdorf for more information! dreisdorf@pembrokecsd.org

Press release:

Suzi Parron, author of the newly released book “Following the Barn Quilt Trail” will speak at 7 p.m. on Wednesday, May 11, at Le Roy House, located at 23 E. Main St., Le Roy.

Colorful barn quilts dot the landscape across the United States. Le Roy has one of New York’s largest barn quilt trails, with nearly 100 painted designs. For nearly seven years, Parron has been traveling the back roads of the country photographing and collecting the stories of the quilts, the barns and the people.  

She will be sharing those stories on when she visits Le Roy House. This program is free and open to the public. She will be selling and signing her newest book, recently published by Ohio University Press.

The barn quilt movement started in Southern Ohio in 2001. It was the idea of Donna Sue Groves, who wanted to acknowledge her agricultural heritage and her mother’s love for quilts. She envisioned a “clothesline of quilts” across the country. Since that time, thousands of painted barn quilts have appeared on barns, sheds, fences, and buildings in almost every state and a few provinces of Canada.

Parron, a former English teacher, quilter, backwoods traveler, avid kayaker and folk art collector began chronicling the barn quilt stories and published her first book, “Barn Quilts and the American Quilt Trail Movement” in 2012. She first visited Le Roy in the summer of 2013, a year after Le Roy had dedicated its barn quilts to the 200^th anniversary of the town.

Since that time, Parron, her husband Glen and their dog, Gracie, have traveled 13,000 miles in their converted bus, “Ruby” collecting stories for Parron's second book. Included in it is the story of Le Roy’s McPherson family quilt, which inspired the McPherson Orchard’s pink quilt, “Lady of the Lake.” And the story of the Stein Farm’s two quilts, taken from two family quilts – both included with photographs and the introduction to the quilts found in New York State.

For more information, call Lynne Belluscio, 585-768-7433 at the Le Roy Historical Society.

Press release:

The impact of the U.S. Supreme Court decision Olmstead v. L.C. continues to generate concerns from family members, caregivers, community organizations and individuals with developmental disabilities throughout the transition process into more integrated work settings.

As a result, the Assembly Minority Task Force on Protecting the Rights of People with Developmental Disabilities has been created to evaluate the effectiveness of current transition plans for those in sheltered workshops, developmental centers, and community homes and to ensure that the input and desires of people with developmental disabilities are being considered.

The task force will be hosting regional forums across the state in an effort to better address the current transition plans and other important issues facing individuals with disabilities and their families.

The ninth event will take place from 6 to 8 p.m. on Thursday, May 19, at the Genesee Community College, Best Center Room T-119, 1 College Road, Batavia.

“Individuals with developmental disabilities, their families and caregivers, and mental health professionals have expressed serious concerns with recent closures of sheltered workshops across the state. The feedback has highlighted the problem with the state’s ‘one-size fits all’ approach that has failed on many levels,” said Assemblyman Steve Hawley (R,C,I-Batavia).

“Listening to stakeholders’ experiences and stories at the forum will allow us as legislators to understand how we can better protect the rights of those with developmental disabilities.”

Representatives from non-profit organizations and facilities, community leaders and mental health experts have been invited to attend and provide testimony. The task force is also encouraging individuals with disabilities and their families to share their firsthand experiences as a result of the Olmstead Decision.

“A concerted, statewide effort to improve services for those with developmental disabilities is the only way to make certain every New Yorker is fairly represented,” said Assemblyman Clifford W. Crouch (R-Bainbridge), task force chairman.

“No New Yorker should be marginalized, and it is our job to make sure that never happens. Together, we will address the concerns of those with developmental disabilities and aggressively tackle those concerns head on.”

For more information on the task force, please contact the Assembly Minority Office of Public Affairs at 518-455-5073.

The Hearts & Flowers Fundraiser to help support the homeless animals at the Genesee County Animal Shelter is under way now through June 8.

For $20 you can buy a beautiful 10-inch hanging flower basket with your choice of: begonia, lobelia, petunias, New Guinea impatiens, fuschia or geraniums.

Buy tickets at the Genesee County Animal Shelter, located at 3841 W. Main Street Road, Batavia, then pick up your basket of posies at Delre's Greenhouse & Garden Center, located nearby at 4062 W. Main Street Road, Batavia.

The animal shelter is open during these hours:

• Monday -- 1 to 3 p.m.
• Tuesday -- 1 to 3 p.m.
• Wednesday 1 to 3 p.m. / and 7 to 9 p.m.
• Thursday -- CLOSED
• Friday -- 1 to 3 p.m.
• Saturday -- 11 a.m. to 1 p.m.
• Sunday -- 1 to 3 p.m.

Pictured from left: Genesee County Sheriff Gary T. Maha, Undersheriff William A. Sheron Jr., Correction Officer Corey J. Cieszki, Correction Officer Jason M. Buck, and Jail Superintendent William A. Zipfel.

Submitted photo and press release:

The Genesee County Sheriff’s Office recently filled two vacant part-time Correction Officer positions with the hiring of Jason M. Buck and Corey J. Cieszki.

These Correction Officers graduated in a class of 15 on Monday, April 25 from the Livingston County Basic Corrections six-week Academy that was held at the Livingston County Sheriff’s Office.

Correction Officer Buck was captain of the class and Correction Officer Cieszki received the top academic award. The speaker at the graduation was Livingston County Sheriff Thomas J. Dougherty.  Training at the academy included instruction in the care and custody of inmates, inmate supervision, defensive tactics, firearms training, and other topics pertaining to corrections.

Sheriff Gary T. Maha said “Correction Officers Buck and Cieszki represented our Office well by excelling at the Corrections Academy."

Dakota Scott Pocock, 19, of Townline Road, Bergen, is charged with five counts of sexual misconduct following an investigation in the Village of Oakfield. The defendant allegedly had sexual intercourse with the victim without consent five times between August and December. He was issued an appearance ticket for Oakfield Town Court at 5 p.m. on May 16. The investigation was conducted by Sheriff's Deputy Kevin Forsyth and Investigator Bradley Mazur.

Duty E. Caswell, 24, of Hutchins Place, Batavia, was arrested for having a vicious dog. The arrest stems from an incident on March 7 wherein his dog, according to police, attacked two people and another dog. Caswell was issued an appearance ticket and released and is scheduled to appear in Batavia City Court at 10:30 a.m. on May 13. The case was investigated by Batavia Police Officer Stephen Cronmiller.

Devon Schulman, 20, of Liberty Street, Batavia, is charged with second-degree menacing and criminal possession of a weapon, 3rd. It is alleged that at 6:52 p.m. on May 5 Schulman displayed a knife to a subject at an apartment on Liberty Street and made comments that led the victim to believe Schulman intended to use the knife against the victim. Schulman was jailed without bail and was to be in City Court on May 6. The case was investigated by Batavia Police Officer Mitchell Cowen, assisted by Chad Richards.

Shawn C. Smith, 35, of East Main Street, Batavia, is charged with driving while intoxicated, aggravated unlicensed operation, first, and speeding. Smith was arrested at 6:24 p.m. on April 30 following a traffic stop on East Main Street, Batavia, and following arraignment was jailed without bail. He was to be in court May 2. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Sgt. Dan Coffey.

Shane Michael Green, 28, of Trapping Brook Road, Wellsville, is charged with driving while ability impaired by drugs and moving from lane unsafely. At 7:36 a.m. on May 6, Green was arrested on Batavia-Stafford Townline Road, Stafford, for allegedly driving while the ability to do so was impaired by drugs. The arrest was the result of a complaint for erratic operation of a motor vehicle. Green is to be in Town of Stafford Court on June 6. The case was handled by Sheriff's Deputy Kyle Krzemien, assisted by Deputy Christopher Parker.

Ryan James Sundown, 35, of Meadville Road, Tonawanda Indian Reservation, is charged with second-degree criminal contempt. He allegedly violated a complete stay away order of protection at 6 p.m. on April 25 on Council House Road. He was arraigned on the charged on May 5 in Alabama Town Court. The case was handled by Sheriff's Deputyt Kevin McCarthy, assisted by Deputy Kyle Krzemien.

A 17-year-old female who lives in Batavia was arrested at 4:06 p.m. on May 2 and charged with fourth-degree criminal mischief. She allegedly broke a window during an argument. She was issued an appearance ticket for May 17 in City Court. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Arick Perkins.

Jany Girwath Jock, 20, of Batavia Stafford Townline Road, Batavia, is charged with identity theft, 3rd. The defendant was arrested following the investigation into the unlawful use of a credit card at 10:30 p.m. on May 3. Jock was issued an appearance ticket returnable to Batavia City Court at a later date. The case was handled by Sheriff's Deputy Ryan DeLong.

Mary Finnegan, 68, of Lake Street, Le Roy, was arrested on May 7 and charged with one count of criminal trespass in the second degree, a Class A misdemeanor. Le Roy Village Police Department responded to a local apartment house after receiving a complaint of a subject on the property trespassing. Upon arrival Finnegan was allegedly located on the property after she had previously been advised she was no longer allowed on the property. Finnegan was taken into custody and charged accordingly. Finnegan is to appear in the Le Roy Town Court on May 19 to answer to the charge.

It's been six years since we visited the garden of Dennis Wood on West Main Street, Batavia, but the forget-me-nots seem especially impressive this year.

This video is from Christopher Weicher at Batavia High School. He said each year the same mallard duck returns to the school to lay her eggs in the courtyard, where's sheltered from predators. The problem arises after the ducklings hatch and have no way on their own to get out of the courtyard for food and water, so staff gently nudges the family toward the doors and the great outdoors.

Saturday, Amy Scott sent in these pictures of city firefighters saving ducklings from a storm drain.

The Michael Napoleone Foundation hosted its annual Derby Day Fundraiser at Terry Hills yesterday.

To purchase prints, click here.

The Johnsons, residents of Naramore Drive, Batavia, have reported to police the theft of their riding mower that looks like this one, a John Deere D100.

The mower was taken off its trailer and removed from a storage shed.

Those who have information to share should contact Batavia PD.

Promote wellness in your community, attend the Wellness Fair on May 12th at the LeRoy Village Green, RHCF, located on 10 Munson St. in LeRoy from 2 p.m. to 5 p.m.
This event is open & free to community!
 
Participating Vendors:

• LeRoy Village Green Residential Healthcare Facility
• The Greens of LeRoy, Senior Independent Community
• Selby Davis
• LeRoy Physical Therapy & Village Fitness
• LeRoy Athletic Club/ Kettle’s Gym
• Alzheimer's Association of Western New York
• United Memorial Medical Center
• Main Street Fitness
• University of Rochester, LeRoy Medical Associates
• Catherine Rhoads, Licensed Massage Therapist
• LeRoy Central School
• GCASA
• American Cancer Society
• Ladies First Fitness
• Durable Medical Supply
• Cheryl Cowie, Norwex
• Walgreens
• Tracy’s Teas
• LeRoy Police Department
• Genesee County Office for the Aging

These photos are from game two of yesterday's Rotary Club Baseball Tournament, between Notre Dame and Attica.

Batavia beat Oakfield-Alabama in the first game, 6-2, then Attica beat ND 5-3.

Trevor Sherwood threw a no-hitter in the nightcap to give Batavia the championship with a 12-1 win over Attica.

Yesterday was the first day of another new season of fun at Darien Lake Theme Park.

While we didn't get out to Darien for photos until the afternoon, after the clouds arrived, the morning blue skies helped encourage a great first-day attendance, park officials said.

A motor-vehicle accident with multiple minor injuries is reported at the tollbooth for the Thruway in Pembroke.

Pembroke and Indian Falls fire departments responding.

Two Mercy EMS units responding.

UPDATE 10:43 a.m.: Law enforcement required at the scene to deal with an irate male.

UPDATE 11:11 a.m.: Units back in service. A 10-year-old transported with neck and back pain.

Reader-submitted photo.