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February 17, 2017 - 12:01pm
posted by Howard B. Owens in crime, byron, bergen, news.
      Scott Lamagna

Calling Scott Lamagna's participation in an attack on a patron of Playmates in Byron "brutal" and "senseless," County Court Judge Charles Zambito rejected the idea of a probationary sentence and sent him to state prison for three and a half years.

"I can't put you on probation or give you a community-based sentence and be confident the community will be safe," Zambito said. "I don't know what will set you off."

Lamagna and his brother Jonathon attacked a patron in the parking lot of the strip club. The attack stemmed from a barroom disagreement. After beating the victim, the owner of Playmates tried to assist the man, whom she found in the parking lot lying in a pool of his own blood, by dragging him onto the porch. Zambito noted that Scott and Jonathan then renewed their attack. Jonathan kicked the victim in the ribs and Scott kicked him in the head, both kicks caused serious injuries.

The brothers then left the scene, stopped at the 7-Eleven in Bergen, where they attacked two other people.

"Mr. Burns (defense attorney Thomas Burns) did his best to try and convince me I should give you a chance out in the community, but I'm not convinced," Zambito said.

Burns argued that his client is remorseful for his actions and realizes he needs help for alcohol and drug abuse. He said Lamagna does have a record of being able to maintain a job and would be employable if released to probation. He also said Lamagna had strong support from his family. 

Scott is older than his brother and Burns said Scott understands that as the older brother it was his responsibility to society to set the mature example.

"He knows he dropped the ball on that one," Burns said.

Jonathan Lamagna was sentenced last week and Scott's sentencing was scheduled for the same day, immediately afterward, but Assistant District Attorney Kevin Finnell presented information obtained from wiretaps on jail phone calls between Scott and family members.

Burns objected to use of the recordings in evidence for the sentencing because he didn't even know about their existence before Finnell mentioned them in court, so the sentencing was adjourned to today, giving Burns time to review the recordings.

The recordings reveal a defendant who was scared and under stress and trying to deal with his immediate concerns, as any person would, Burns said, adding they didn't indicate Lamagna was any less concerned about the condition of his victim.

There was also evidence presented that indicated that before Lamagna was arrested, he made frantic calls to people trying to find somebody to take care of his dog.

Before sentencing, Lamagna addressed the court and said he was deeply sorry for hurting innocent people.

"I wish I could take it all back but I know I can't," Lamagna said.

He said he was prepared for the consequences of the judge's decision as a result of his own actions.

If sent to prison, he said, "I will come out a better person."

Zambito wasn't convinced as he looked at the violent nature of the attacks and Lamagna's seven prior charges of resisting arrest.

"It's sad that you didn't have the same concern that you had for your dog for human beings," Zambito said.

February 17, 2017 - 8:15am
posted by Howard B. Owens in Deal of the Day, advertisement.

Reminders of how the new Deal of the Day program works:

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February 16, 2017 - 11:22pm
posted by Howard B. Owens in pets, animals, Neptunes Gardens, batavia, news.

An employee of a local electric supply company, while cleaning out the basement of a former pet store in the same building, made a grisly discovery today  -- the bones of a dead dog in a box.

The box was reportedly stuck into some shelving in the basement.

Police were contacted immediately, according to John Booth, CEO of I.D. Booth, the company that owns the building on Ellicott Street in the City of Batavia.

Somebody who identified herself as an employee of I.D. Booth also posted the picture on social media and it was shared dozens and dozens of times today and became fodder on the radio talk show of Kimberly and Beck in Rochester.

Booth said he and his company are fully cooperating with the police on their inquiry into what might have happened.

Kathy LaFarnara, co-owner of Neptune's Gardens with her husband, Nicholas, told The Batavian today that neither she nor her husband knew anything about the dog prior to posts about it popping up on social media.  

They closed the location, which was behind the Pok-A-Dot, about five months ago and haven't been back inside since, she said. They were intending to open a smaller store on the other side of Ellicott Street, but with all the negative publicity on social media and Kimberly and Beck, she isn't sure what their future business plans are now.

"In 31 years of business, we always disposed of animals properly, even the rabbits," LaFarnara said.

Asked if an employee might have put the box in the basement, LaFarnara said their only employee was Nick's daughter.

"And she didn't like to go down in the basement," she said. "I didn't either. It was creepy down there. The stairway was open and you always felt like somebody might reach up and grab your legs.

"Right now, I have no idea where the dog came from," she added.

Det. Eric Hill this afternoon could not confirm anything other than that police had been called and asked to look into the matter.

Booth issued the following statement this evening:

I.D. Booth, Inc. learned of a tragic and disturbing situation on February 16, 2017. While an I.D. Booth employee was cleaning out property that is presently owned by I.D. Booth, but had been leased to former tenant Neptunes Gardens, the I.D. Booth employee discovered what appears to be the remains of an animal. The remains appear to not have been handled properly.

I.D. Booth has never occupied the Neptunes Gardens property, and has no information about the condition of remains, or the treatment or condition of any animals that were housed at the facility. I.D. Booth is horrified about this alarming discovery, and does not condone the unethical treatment of animals.

Upon discovering the remains, I.D. Booth immediately reported the discovery to the police, who have opened an investigation. I.D. Booth takes this situation very seriously, and is cooperating fully with the Batavia Police Department. Anyone with any information about this situation is encouraged to pass such information to the Batavia Police Department.

February 16, 2017 - 10:15pm
posted by Howard B. Owens in Old Courthouse, batavia, news.

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The folks at Lighting Design Innovations want to give something back to their community, so they are offering to donate hardware, software, lights and wiring to illuminate the cupola atop the Old Courthouse 365 days a year.

Paul Mercier, a partner in the company, told members of the County Legislature about the proposed donation at a meeting of the Public Service Committee earlier this week. The committee voted to accept the donation, which is valued at $7,500.

"For us, the significant aspect of being here is we believe in community," Mercier said.

LDI is a multinational corporation with headquarters in Batavia and an office in Western Canada and clients spread throughout North America, Mercier said. They chose to base the company in Batavia because his partner is from Batavia and they like it here and think it's geographically well placed for their business.

"People often ask why we’re in Batavia and I always say, it’s the best place to be," Mercier said. "It’s the best place to be for business. If you take a string on a map and go 500 miles we hit a great deal of the population and I can tell you that within that 500-mile string, we are working in all of it right now."

Mercier shared a few slides of municipal lighting projects installed by LDI.

Then he presented mock-ups of what the Old Courthouse might look like with illuminated decorative lights.

While LDI is donating just enough equipment to illuminate the copula, it's Mercier's hope that other people in the community will step forward with donations sufficient enough to enable the entire building to be illuminated. As part of his presentation, Mercier showed Photoshopped mock-ups of what the courthouse might look like when fully illuminated.

The lighting system consists of LED lights that can display millions of colors that shine on an object, such as the cupola, with color designs being made by software attached to the lighting system.

Assistant County Manager Matt Landers said the new system will replace a conventional lighting system that is used on special occasions. The electricity cost between the less-efficient system and the new LED system used more frequently will be about the same, Landers said.

Mercier, Landers and county staff did meet one evening recently for a demo lighting of the cupola. 

“What I was surprised by that night is how from how far away you can see the cupola," Mercier said. "It is truly a beacon from all directions.”

Once the lighting is installed, which Mercier said is an easy process, he thinks legislators will be eager to see the entire building illuminated.

"You’ll love the way it is, we have no doubt about that, but we think you’ll want to consider a second and third phase that you can celebrate all over again that you’ve illuminated something else on the courthouse," he said.

February 16, 2017 - 9:17pm
posted by Howard B. Owens in fire, pembroke, indian falls, news.

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The cause of a fire that destroyed a house in Alabama where an elderly man was living has yet to be determined.

The fire at 8006 Alleghany Road, Indian Falls, was called in shortly after 5 p.m. with smoke and flames showing from the back of the residence.

Pembroke Chief Jamie Waff said dispatchers received several calls reporting flames showing, so the fire immediately went to a second alarm with Town of Batavia, Darien, Corfu and Alabama joining Pembroke, Indian Falls and the Town of Batavia's Fast Team joining the initial response. East Pembroke, Akron, Newstead and Oakfield were also toned out later.

"With manpower issues during the day, right at five, along with the fire, we went right to a second alarm for manpower," Waff said.

The wind from the southwest quickly pushed the fire from the rear of the house to the front.

The resident reportedly kept a lot of items in the house and the first firefighters in found the back of the second floor piled with garbage bags filled with stuff, so the firefighters were initially pulled out until the situation could be better assessed for their safety.

The resident, who was outside when firefighters arrived, was placed in a patrol vehicle after deputies arrived on scene so he could stay warm. The deputy requested a medic to check him for possible smoke inhalation. 

There was a dog and some cats inside the residence, but Waff didn't know the status of the animals at the time we talked.

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February 16, 2017 - 8:41pm
posted by Howard B. Owens in Deal of the Day, advertisement.

Reminders of how the new Deal of the Day program works:

  • To make purchases, you must be registered. This is its own registration system, separate from the main registration for The Batavian.
  • Once registered you must be logged in.
  • You click on the orange button, if the item is not sold out, and it takes you to a PayPal button. This allows you to pay either with your PayPal account or with a credit card/debit card. The login for PayPal is completely separate from our accounts.
  • The first person to successfully complete the PayPal transaction wins the gift certificate.
  • You are eligible to buy the same item only once in a four-month period. We use the registration system to track this for you so you don't have to.
February 16, 2017 - 5:11pm
posted by Howard B. Owens in fire, pembroke, news.

A house fire, with flames showing in the rear, is reported at 8006 Alleghany Road, Pembroke.

Pembroke and Indian Falls dispatched along with the City of Batavia Fast Team.

UPDATE 5:17 p.m.: Working structure fire. Additional response from Town of Batavia, Darien, Corfu and Alabama.

UPDATE 7:15 p.m.: I just returned from the scene of the fire. At the time I left, smoke and a small bit of flame were still showing, but firefighters seemed to have things under control, though it was looking like the fire could continue in that condition for some time. An older man lived in the house and was placed in a deputy's car for warmth until an ambulance arrived to check him for possible smoke inhalation. The fire spread from the back of the house to the front and got into the attic. A dog escaped the fire, we're told, but the status of cats living in the house is unknown. More later tonight with photos, probably in a separate post from this one.

UPDATE: Reader submitted photos.

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February 16, 2017 - 2:25pm
posted by Howard B. Owens in crime, batavia, news.

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.

February 16, 2017 - 1:37pm
posted by Howard B. Owens in crime, batavia, Stafford, Darien, Le Roy, alexander.

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.

February 15, 2017 - 3:31pm

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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.

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February 15, 2017 - 3:17pm
posted by Howard B. Owens in crime, Le Roy, Attica, news.
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      Leonard Hahn

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.

February 15, 2017 - 2:29pm
posted by Howard B. Owens in Bethany, news.

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.

February 15, 2017 - 11:44am
posted by Howard B. Owens in accident, batavia, news.

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.

February 15, 2017 - 10:24am
posted by Howard B. Owens in Le Roy, basketball, sports.

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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.

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February 15, 2017 - 8:56am
posted by Howard B. Owens in sports, scoreboard.

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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
February 15, 2017 - 8:51am
posted by Howard B. Owens in Deal of the Day, advertisement.

Reminders of how the new Deal of the Day program works:

  • To make purchases, you must be registered. This is its own registration system, separate from the main registration for The Batavian.
  • Once registered you must be logged in.
  • You click on the orange button, if the item is not sold out, and it takes you to a PayPal button. This allows you to pay either with your PayPal account or with a credit card/debit card. The login for PayPal is completely separate from our accounts.
  • The first person to successfully complete the PayPal transaction wins the gift certificate.
  • You are eligible to buy the same item only once in a four-month period. We use the registration system to track this for you so you don't have to.
February 15, 2017 - 8:17am
posted by Howard B. Owens in Stafford, news.

A power outage affecting 471 National Grid customers is reported along Clinton Street Road in Stafford and is also, we are told, causing a power outage at Genesee Community College.

The outage was reported at about 4:30 a.m.

A repair crew has been assigned, according to National Grid. The estimated time of power restoration is 8:30 a.m.

The area affected runs along Route 33 from about Seven Springs Road to nearly Route 237 and includes parts of Horseshoe Lake and up to Byron Road.

UPDATE 8:40 a.m.: The ETA for repairs has been revised to "assessing conditions."

UPDATE 8:57 a.m.: The size of the outage area has been reduced to 137 customers, between Clinton Street Road and Byron Road. The college is no longer included in the outage area.

UPDATE 10 a.m.: Not sure when power was restored to the entire area, but power has been restored.

February 14, 2017 - 4:10pm
posted by Howard B. Owens in Batavia Rotary Club, batavia, news.

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Members of the Batavia Rotary Club were introduced to a new fundraising concept at their lunch meeting today that as far as anybody knows hasn't been tried in Genesee County before.

It's called a meat raffle and Andrea Aldinger, pictured, has participated in such raffles in Wyoming County.

She demonstrated the raffle for members today because the club will be hosting one April 7 at the Sacred Heart Social Center.

How a meat raffle works is, people pay to attend, in this case $5, and then they can buy raffle tickets for each item as it becomes available. For example, the person running the raffle holds up five pounds of bacon and says the bacon will go to the next auction winners.  Participants then have five minutes to buy raffle tickets, each numbered from 1-7, for $1 each. Then the person spins the raffle wheel and each person with the winning number (yes, there can be more than one winner) wins five pounds of bacon.  

There will be 20 such raffles, including not just bacon, but steaks, chickens, turkey, roasts and ribs.

Aldinger said participants need to bring a cooler to hold their meat, because they will win meat.

She also recommended making it a social event, getting a table of 10 as a group and bringing your own snacks and food dishes to eat during the three-hour raffle. The club will provide two kegs of beer, free until it runs out, and sodas will be free. There will also be a hosted bar, hosted by the church.

Raffle tickets will only be sold at the event, but there are separate prizes, including a wheelbarrow of booze and a freezer filled with meat, that people enter to win. See a local Rotarian for tickets.

February 14, 2017 - 2:37pm
posted by Howard B. Owens in crime, byron, news.

Two brothers from Rochester involved in the beating of a patron of the Playmates strip club in Byron were scheduled for sentencing in County Court today, but after the attorney for one objected to new evidence brought to the hearing, that sentencing was delayed.

In the first case, Jonathon Lamagna, 19, who previously entered a guilty plea on second-degree assault and second-degree coercion, was sentenced to five years in prison and three years parole.

Scott Lamagna will be back in court Feb. 17 after defense attorney Thomas Burns said he felt "ambushed" by the presentation of recordings of phone calls in jail between Scott Lamagna and family members that Assistant District Attorney Kevin Finnell said showed that Scott Lamagna showed no remorse for his actions, that he was more interested in minimizing his jail time.

The brothers were arrested after a patron suffered serious injuries when they attacked him in the parking lot of Playmates.

Finnell provided a written deposition from the owner of Playmates who said she tried to assist the bloodied and beaten victim by dragging him back into the club and the brothers then continued their assault, kicking him as she tried to pull him away from them.

According to the statement, Scott Lamagna grabbed the victim from by the shirt and punched him repeatedly in the face as the owner tried to pull him onto the establishment's porch. She said she screamed, "Stop, stop, you're going to kill him."

Then Jonathon kicked the victim in the head and ribs, she said.

The victim was described by Finnell as a liver transplant recipient and short in stature and slight in build.  

Before sentencing, Jonathon read a statement, saying, "I feel drugs and alcohol played a part in my actions. I accept full responsibility for what I did."

Via our news partner, WBTA.

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