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Jacquelyn Deats

The Batavia woman who at one time thought she was the grandmother of a baby who died while reportedly in her son's care should have the criminal charge against her dismissed, her attorney will argue in a series of motions that will be filed March 3.

Jacquelyn Deats is charged with endangering the welfare of a child, under the theory that she took no action to seek medical attention for 6-month-old Chandler Zuchs before he died Dec. 10.

Court documents that were available at the time -- and have since been sealed -- contained statements by Jacquelyn Deats and her son Jeffrey Deats that seem to indicate the once-presumed grandmother was alone with Baby Chandler and noticed something wrong, but didn't call for an ambulance.

When Jeffrey Deats came downstairs that morning, he found Baby Chandler unresponsive. It was then that 9-1-1 was called.

Baby Chandler, according to later medical examiner reports, died of brain injuries.

Jeffrey Deats, who seems to have believed he fathered Chandler with Michelle Zuchs (aka Michelle Denise), was charged with manslaughter.

In Facebook and Twitter posts, prior to Chandler's death, he displayed a good deal of pride and affection for little Chandler.

While confined to the Genesee County Jail, Deats learned he wasn't Chandler's father.

A week after Chandler's death, Deats attempted to hang himself in his cell with bedsheets. He later died at ECMC.

Jacquelyn Deats appeared in court today with her attorney Thomas Burns and entered a not guilty plea to the charge of endangering the welfare of a child.

Burns, always aggressive on behalf of his clients, plans to file several motions aimed at either getting the charges dismissed or his client's statements surpressed.

Outside of court, Burns said he plans to challenge the legal sufficiency of the charge as well as bring a motion to dismiss the charge in the interest of justice.

A dismissal in the interest of justice has legal precedent and is predicated on a series of legal tests the judge must consider. 

"The case meets all the criteria for dismissal," Burns said. "(The motion) doesn't necessarily look at the merits of the case, but at the person's background, culpability, lack of criminal record, lack of a drug problem, factors such as no need for rehabilitation, no protection of the community issues. You put it all together and argue that the charge should be dismissed."

Burns has yet to see any evidence in the case, which could also be a factor in his series of motions.

With the Jeffrey Deats case sealed, it's unclear if Burns will have access to the medical records and police reports.

The case was sealed by Judge Robert Balbick under New York Law that requires cases to be sealed when a criminal case is resolved in the defendant's favor. With the death of Jeffrey Deats, the charges against him were dismissed.

The City of Batavia has realized a 500-percent return on its $360,000 investment in community development, Julie Pacatte, economic development coordinator, told the City Council on Monday night.

The Council has authorized $90,000 a year over four years to the Batavia Development Corporation- that's $360,000. In return, the BDC has generated more than $2.1 million in public-private investment in Downtown.

Several of the projects managed by BDC were building owners constructing renovated apartments, all of which rented immediately.

But perhaps the biggest win is the renovation of the old Carr's Warehouse in Jackson Square.

The property sat vacant and deteriorating for three years. The city marketed the building as a revitalization project and eventually found a developer.

With the help of a $115,000 state grant, Paul Thompson and his partners invested more than $500,000 in constructing four apartments and a first-floor office area.

The vacancies were filled as soon as construction was completed.

The property was assessed at $30,000, but since it was a city-foreclosed property, it was generating zero tax revenue. Now it's assessed at more than $200,000 and on the tax roles. (The developer has the option to apply for a tax abatement by March under a municipal program that works like a PILOT, offering tax relief on the increase in assessed value).

The nine new residential units, using current economic models, are worth about $5,000 each in extra consumer buying power Downtown, Pacatte said.

Pacatte's job has been funded in the past through the use of revenue generated by Batavia Downs and transferred by the state to the city on an annual basis.

Since this is not general fund revenue, it doesn't have any impact on local property taxes. Even so, there is some question as to whether the current council is willing to once again use city money to fund the development coordinator's position.

Pacatte's Monday presentation could be seen as a pitch to save her job, but that didn't stop her from getting a little feisty. She was full of energy during her presentation, and when she spoke about negative attitudes, Councilwoman Rose Mary Christian challenged the remark and Pacatte shot right back with her own view.

The topic of the exchange was the mall, which Pacatte had already called a travesty and an embarrassment and one of the factors weighing down economic development in the city.

"I think maybe people have a negative attitude because they have heard the same old thing year after year," Christian said. "How many years have we heard we're going to do something with the mall. I've sat on this board for 24 years and I've heard year after year we're going to do something with the mall."

Pacatte responded that she didn't say the BDC was going to do something with the mall, just that the issue needed to be resolved.

The negative attitude discussion harkens back to a consultant report from three years ago, which Pacatte referenced, that said one of the things hurting Batavia is a persistent, nagging culture of antagonism to new proposals.

From the report (pdf; page 29):

... many residents and business leaders alike are quick to say what is right about the place, but only after they or others have said how it is not the community it used to be. This habit goes to the core of the challenge for Batavia. Regardless of how effective the city government is, or how successful the schools are, or how homeowners keep up beautiful homes, there is always the perception that things used to be better. This sets up an impossible goal: Batavia needs to be as good as its finest past features, but without any of its previous problems, and certainly without any of yesterday’s resources. It allows critics to say, “see, I told you so.” It lives on phrases like “that can’t be done,” and “we tried that,” and “here’s why that won’t work.” Until the community addresses this problem, Batavia won’t achieve its full and substantial potential.

Pacatte has succeeded in helping to bring new development to Downtown Batavia despite the naysayers. Each new apartment development was met by a wave of criticism and endless predictions that nobody would rent such high-priced units.

Yet, there are no vacancies. Landlords rent the apartments as quickly as they become available.

The Carr's project was roundly criticized, yet it's successful.

The negative attitudes are just something to try and work though as a professional, Pacatte said after the meeting.

"I think it's important to listen to what the community is saying, but we also have access and in our profession we understand that these projects do happen and happen a lot in other communities and there's no reason it shouldn't happen in Batavia," Pacatte said. "We bring the folks to the table who can make it happen.

"It's important to hear some of the negativity at the time to maybe rethink how we approach a project," Pacatte added, "but it's important to be a professional and understand that it is possible and persevere to that end. I was hired to impact the economic community in Batavia and I believe that's what I'm doing when I push those projects forward."

In 2015, the BDC will look to advance the Batavia Opportunity Areas, such as the Della Penna property on Ellicott Street, and right next to it, the Santy Tires property.

The mall fits in there somewhere, as well, though that is a much stickier problem with all of the competing interests and ancient animosities. Pacatte believes there might be an opportunity to apply for funding in 2015 through the Finger Lakes Regional Economic Development Council to pursue some sort of long-term solution.

She also sees as her job in 2015 an effort to foster a greater entrepreneurial spirit in Batavia, to coordinate and implement a new micro-enterprise grant program, and support an industry-specific incubator.

The BDC will also apply for more redevelopment grant money from the state.

Between the public comments section at the top of the agenda and a presentation by folks with Vibrant Batavia, the City Council heard more than an hour of reasons to keep the city-created community promotion group.

Some on council sounded a skeptical tone about continued funding.

Vibrant Batavia is seeking $50,000 for 2015. City Manager Jason Molino is recommending $45,000, which is in line with the commitment the council made to Vibrant Batavia two years ago.

"I would be very disappointed and embarrassed if you were pulling back on your financial commitment to Vibrant Batavia, putting your reputations on the line," said Mary Valle, a local business owner and active member of the Vibrant Batavia Board.

The community's business owners donated their money for Batavia's centennial, committed to our community. How could things continue without a leader for Vibrant Batavia? If you do pull back, our business leaders, I believe, every one of them, would be very hesitant to donate and support projects in the future."

Councilman John Deleo said he's having a hard time justifying to himself and his constituents the expenditure of $45,000 or $50,000 on Vibrant Batavia when the city is talking about a tax increase.

"I did run as a fiscal conservative," Deleo said. "In fact, I may be downright stingy with taxpayer money and this is what I'm obliged to."

Last year, Vibrant Batavia was funded to the tune of $45,000 through unspent contingency funds from the previous budget year. Whether it's funded -- if it's funded -- through the same process this year, or from reserves, or through the general fund, or perhaps with video lottery money from Batavia Downs, is something for the City Council to discuss.

Funding or no, Vibrant Batavia won't necessarily have any impact on the tax rate.

Vibrant Batavia Director Leanna DiRisio (pictured) provided the council with an overview of what Vibrant Batavia has accomplished in its first two years.

• Hosted coffee talks
• Conducted neighborhood surveys
• Hosted a fall frolic
• Hosted home tours
• Published the Vibrant Times
• Organized neighborhood meetings
• Sponsored beautification projects
• Set up a community art project
• Organized the city's ongoing centennial celebration.

One of the big accomplishments for Vibrant Batavia in 2014 was raising $124,000 to fund this year's Batavia centennial celebrations -- an ongoing series of events that started with New Year's Eve fireworks and parties in City Hall and on Evans Street.

Valle noted that Vibrant Batavia, by raising so much money, exceeded council expectations, and that Deleo in particular expressed skepticism that the group could meet its fundraising goals

Those funds can only be used for the centennial and can't be used for Vibrant Batavia operations. 

In year three, Vibrant Batavia, if funded, will focus on neighborhoods, particularly along the lines of forming three block clubs, DiRisio said. One on the Southside, one on the East End and one in the Central Park District.

Vibrant Batavia would also look pursue leadership development for community leaders and deliver programs that engage residents and build pride in the community.

All Vibrant Batavia is trying accomplish comes right out of a plan developed for the city three years ago by consultants with czb.

The consultants found that with greater civic engagement, Batavia could improve itself both economical and socially, spurring revenue growth and decreasing crime.

It all begins, the report said, in fostering a greater sense of community pride and more community engagement.

Those who spoke during public comments, such as Lisa Barrett and Paula Miller, said Vibrant Batavia has certainly hit that target.

After one neighborhood event, children who live near Barrett were asking her when they could have another block party. Next week, maybe? Not that soon, said Barrett, but soon.

"I think when youth see adults caring about their neighborhood, then as adults they will care about their neighborhood," said Barrett, not in person but on a video screened for the council, as was a video from City Church Pastor Marty McDonald, who is very active in Vibrant Batavia.

Miller said before their neighborhood gathering, she and some of her neighbors were concerned about one house on their block that seemed to be a source of ongoing issues with the tenants.

The opportunity to come together as neighbors with city officials, including police and code enforcement, helped lead to an eventual resolution of that issue, she said.

"We felt it was a unique opportunity to bring our concerns to them and through that developed a request with City PD and city administration to come around and hear our complaints," Miller said. "It wouldn't have happened if we each felt we were the only ones hanging out there. We came together as a united effort to resolve our issue."

Deleo said there has been a lot of good work by Vibrant Batavia that he supports, but his constituents aren't seeing the value, not when faced with a 1.7-percent property tax increase.

"If we had a flat tax rate, I think it would be great," Deleo said. "Voters are pounding on me. They understand the water rates, but they can't understand the 1.7."

Councilman Eugene Jankowski, who used a post on Facebook yesterday to generate feedback from local residents, said everybody seems to believe Vibrant Batavia does good work. Where opinions diverge is on whether it should receive city funding.

"If we fund it completely, then we're not listening to half the people who don't want it funded by the city," Jankowski said. "If we don't fund it, then we're not listening to the other half. I don't know if we could fund it to a different degree to please both sides."

Press release:

With the recent arrest of Assembly Speaker Sheldon Silver on alleged federal corruption charges, the culture of deceit, lies and bribery in Albany has been brought further into the public spotlight. It is unfortunate that a few members of the legislature refuse to follow the rules and fall victim to money and power. Scandals such as these bring a pejorative perception to the already tainted Albany culture and make it difficult for the rest of us who truly want to do what is best for all New Yorkers.

If the recent news regarding Speaker Silver has demonstrated anything, it is that we need ethics reforms in Albany now more than ever. It goes against the very function of our government to have a single person hold as much power as Sheldon Silver. Silver has omnipotent control over which bills come before the Assembly for a vote and how taxpayer funds are used. The length of time Silver has been in office, more than 20 years, has allowed him to accumulate significant wealth and power. Now we have discovered that much of his wealth and power allegedly was either illegally obtained or used to promote his own private interests.  

If we are to truly reform Albany’s culture of corruption, we need to pass the Public Officers Accountability Act. I sponsored this legislation last legislative term, along with almost all of my Assembly Minority colleagues, because I know that abuses of power such as these should be handled proactively. This legislation: limits the time a member of the legislature can serve as a committee chair or legislative leader to eight years; bans elected officials from future employment for certain felony convictions; and requires the return of campaign funds to donors or charities upon certain felony convictions. Furthermore, I sponsored Assembly Bill 4935 of 2014 that proposes stripping pension and retirement benefits from public officials convicted of certain felonies.  

Until these bills are taken up for a vote, we are leaving the door open for further abuses of power and theft from the public coffers. The last thing we need is career politicians who have lost interest in benefiting their constituencies in exchange for padding their own pockets and ensuring their own reelection. The only way to handle serious ethics violations is with a serious ethics reform bill, and the Public Officers Accountability Act provides a plethora of reforms that will prevent these abuses before they happen again.

They call it "the Lt. Whitcomb incident," Assistant City Manager Gretchen DiFante told the City Council Monday night.

Jeff Whitcomb, a city fire officer, was leading a group of firefighters into a burning building at Ellicott and Swan streets Sept. 18 when he tried to radio critical information to his scene commander, Chief Jim Maxwell.

Whitcomb couldn't get a "grant tone."

That radio message comes from the dispatch center and signals the radio channel is clear and the responder in the field can transmit. Without it, the radio in the responder's hand is not much more than a brick.

After the meeting, Maxwell confirmed there was an issue with Whitcomb's attempt to transmit that day.

"What happened there was the lieutenant was inside and he was trying to radio out and he couldn't, so we thought it was a system failure because he couldn't get the grant tone," Maxwell said. "After we submitted the problem report we got a response back from Harris that the system worked the way it was supposed (to). We were operating at the fire ground on the same channel they dispatch on and dispatch has priority."

The inability for a firefighter in a burning building to transmit, even if only delayed by seconds, can mean the difference between life and death.

"This was a major turning point for us," DiFante said. "That's when I went to my boss and said, 'oh, boy, Mr. Molino, we've got to do something about this.' "

DiFante recognized immediately that not only were lives at stake, but as a matter of her fiduciary responsibility to taxpayers, the city faced a potentially monstrous liability issue if police officers and firefighters were saddled with a communication system that made them vulnerable in moments of crisis.

A year ago, the county switched communication systems for police and fire to a $10 million digital system designed and built by Rochester-based Harris RF.

The need for the new system was largely driven by the FCC and Homeland Security, with a goal of freeing up the frequencies used by the old system and improving interoperability between local departments on a nationwide basis.

The grant money available for the new system came with a hard deadline for launching the Harris system.

Typically, a new communications system can be tested and refined over an 18-month period, which is what Ontario County did, DiFante said.

Genesee County got no time to test its new system before the old system was shut down.

When DiFante researched the issue, she found other jurisdictions facing similar issues with the Harris system. Miami-Dade County had to buy a new system. Las Vegas is tied up in a lawsuit with Harris. Oakland PD has had trouble, including 35 minutes of downtime when President Obama was in town.

The issue, however, she said, isn't with Harris. It's the nature of digital technology. Anybody with cable TV, she said, understands that digital technology is subject to disruption.

"Digital technology is great when it works, but when it doesn't, it causes things to happen," DiFante said.

So DiFante asked her contact at Harris which agency was doing the best with the new system, and she was told, without a doubt, Ontario County.

In her first contact with a communications director in Ontario County, he had a reaction she found common during her research -- those poor people in Genesee County.

"You know what he said -- everybody says the same thing when you tell them you're from Genesee County, 'you know what Gretchen, those poor people over in Genesee County and what they had to do,' " DiFante said.

From Ontario County, she was given the name of a consultant whom Harris is now paying to help the county resolve some of the issues facing the system.

This research, she said, led to the City Fire Department changing its communication protocol.

The volunteer departments in the county are going to the same procedure.

It won't be until March, DiFante said, before all the radios are reprogrammed.

The new system will require scene commanders to carry two radios. One will be used for communicating with dispatch. The other will be tuned to an analog tactical channel, which will be the channel used by firefighters use to communicate with each other while at a fire scene.

There will no longer be an issue with dispatch communications taking priority on the same channel with firefighter-to-firefighter communication.

There remain issues with the system DiFante said, though things have improved dramatically for both the police department and fire department over the past several months.

"We're very close to resolution," DiFante said. "What's happened since October is exciting. I can sleep better at night. This is the only thing that has kept me awake at night since I started my job."

Chief Shawn Heubusch agreed that when the new radio system was first introduced, he was troubled by the communications issues and concerned about the safety of his officers.

"There are some issues, as with any new product that is out there," Heubusch said. "It's constantly being tweaked. As she mentioned, it takes 18 months to vet these things. We didn't have that kind of time, so to put one consultant's words out there, 'we watched sausage being made.' Nobody wants to see sausage being made."

While DiFante held up folders full of trouble reports filed by the city with the county about the radio system, Heubusch said most of those trouble reports were filed months ago.

"They've made great strides in correcting the issues," Heubusch said.

Sheriff Gary Maha confirmed this morning that the county has not received a trouble report from the city since November.

Every radio system has its own issues, Heubusch said. The old system had dead spots in the city, and going back even further, when dispatch was handled by City PD, officers knew there were certain buildings -- such as the Harvester complex -- where they would be out of radio contact while inside.

"There are certain inherent dangers to public safety work that we kind of just take for granted, that we understand are out there," Heubusch said. "Digital technology has come a long way since it was implemented and again we are working on the issues that are in play with this system now and they've made great strides in making our officers and fire officers much safer."

There are issues, DiFante said, with gain control and voice fluctuations.

She also said there are still significant issues with coverage areas in Le Roy, but declined during her presentation to go into detail.

We spoke with Chief Chris Hayward, Le Roy PD, this morning and he confirmed there are ongoing issues that the county and Harris are working diligently to try and resolve.

There's one section of the village and some sections of the Town of Le Roy where the radios don't work well.

With the old system, the county had three antenna towers. The new system has six. One is on Cedar Street in Batavia, three are on the west end of the county, and there is one in Bergen and another in Pavilion.

There isn't a tower in the middle of the east side of the county.

A solution to Le Roy's dead-spot issue might be constructing a tower on Asbury Road.

Putting in a repeater at that location was the solution in the 1990s when Le Roy PD and Fire had reception issues with the old system.

Harris is running tests this week to try and identify any technology in the area that might be creating interference. At one time, there was concern that the LED lights on police cars were causing interference, but that has been ruled out, Hayward said.

As for using a tac channel for firefighters, he said the Le Roy Fire Department came upon that solution to its communication issues soon after the new radios were operational.

Hayward said he understands the county was put in this situation through no fault of its own and believes all involved are working to make things right.

"Hindsight is 20/20 and you can always ask, 'Why didn't think of this or why didn't think of that?' but I think they did a pretty good job of thinking ahead," Hayward said.

Heubusch also expressed confidence that everything possible is being done to ensure the county has a safe and reliable communications system for its emergency responders.

"It's the number-one priority with the county," Heubusch said. "It's the number-one priority with the city. It's the number-one priority with Harris -- keep everybody out there safe."

DiFante's presentation was only a portion of her 40-minute talk in front of City Council, which was really about all of the work she's done since becoming assistant city manager.

Her overall responsibilities include overseeing administrative services, including finance, the clerk-treasure, personnel, information technology, the youth bureau and assessment; as well as programs such as the community rating system and insurance, with additional projects such as how to handle a burgeoning population of feral cats, the Redfield gateway and strategic planning.

Bill Cultrara and Larry Reisdorf are eager for the snow to clear from the smoker so they can get busy again with some serious BBQ.

Reisdorf has owned and operated Duke's Smokin' Bone, a catering service, for about a decade, and with business growing, he thought Cultrara's experience and expertise could help kick things up a notch.

Cultrara is a chef and former owner of Delavan's.

"With his experience, I thought it would be great if we could team up and work together," Reisdorf said.

Fans of Delavan's will be glad to see Cultrara cooking again, and happy to know Duke's will start offering his secret-recipe Italian sausage.

"I saw this as a different opportunity, nothing I've ever done before, and I like to learn," Cultrura said.

The new menu will include spatchcocked chicken and beer can chicken along with beef brisket and ziti and sausage (smoked or grilled). Duke's longtime favorites, quarter chicken, pulled pork and ribs, along with a several other meats, will also be available.

Duke's is available for private parties, corporate events and graduations.

For more information, visit Duke's Web site.

Jim Bonacquisti roasted retiring Le Roy football coaches Andrew Paladino and Brian Moran at the team's annual post-season dinner Sunday at the Stafford Fire Hall.

Paladino spent 30 years as the Oatkan Knights' defensive coordinator. Moran was the head coach for 26 seasons and retired with 203 wins, a state championship and 14 sectional titles.

The other coaches presented Paladino and Moran with rocking chairs.

JV Assistant Coach Jeff Condidorio was presented with a signed football by Moran. Condidorio is retiring after nearly 40 years with the football program.

Moran called each player to the podium and spoke briefly about their season and their career with the team. The seniors each received a miniature, mounted football helmet with their numbers on it. Here he's with QB Mike McMullen.

A slide show of more pictures will be posted later.

The now-defunct Moreland Commission took three months to review Assemblyman Steve Hawley's financial and business records and found nothing amiss, Hawley told a luncheon in Orleans County on Friday.

“There’s an old adage: ‘If you have nothing to hide, comply,’ ” Hawley said.

Orleans Hub reports that Hawley turned over a list of clients, employees, family members, advertisements, political materials, income taxes and property taxes. It was an exhaustive collection of documents.

Besides sitting in the Assembly, Hawley owns an insurance business based in Batavia.

The three-month review to see if Hawley was making money in kickbacks or abusing his public office for financial gain found Hawley was not misusing his office. Everything was clear.

Hawley's remarks came shortly after Assembly Speaker Sheldon Silver was arrested on federal charges for allegedly taking kickbacks. Silver has temporarily stepped down from his leadership position.

The Moreland Commission was disbanded by Gov. Andrew Cuomo before its work was seemingly complete, a decision that was controversial at the time and has been reexamined in light of the charges against Silver.

For more on the story, visit Orleans Hub.

Julian Munoz, 63, of Transit Road, Elba, and Carmelina Chavez, 47, of Drake Street, Oakfield, are charged with criminal obstruction of breathing or blood circulation and harassment, 2nd. Munoz and Chavez, brother and sister, allegedly choked and pushed a victim down a flight of stairs. 

Heather Jaye Interlicchia, 55, of Ramona Street, Rochester, is charged with possession of more than 400 untaxed cigarettes. Interlicchia was stopped for an alleged traffic violation at 12:08 p.m. Sunday on Route 77, Pembroke, by Deputy Patrick Reeves.

Windfield L. Marshall, 44, of Lake Street, Le Roy, was arrested on a warrant for alleged failure to pay fine on a parking violation. Marshall turned himself in and posted $25 bail.

Khadijah Azizza Davis, 23, of Arnett Boulevard, Rochester, is charged with criminal possession of a controlled substance, 7th, aggravated unlicensed operation, 2nd, unlicensed driver and speeding in zone. Davis was stopped at 11:49 p.m. Wednesday on Clinton Street, Batavia, by Officer Jason Davis, for allegedly driving 47 in a 30 mph zone. Davis was jailed on $1,000 bail.

Kasean L. Shannon, 22, of Hutchins Street, Batavia, is charged with unlawful possession of marijuana. Shannon was allegedly found in possession of marijuana during police contact with Officer Marc Lawrence while on Washington Avenue at 1:37 p.m. Wednesday.

Chana J. Mitchell, 22, of Prospect Avenue, Batavia, was arrested on a warrant for alleged failure to appear on a aggravated unlicensed operation, 3rd, charge. Mitchell turned himself in and jailed on $200 bail.

Joseph Michael Marceill, 47, of Pringle Avenue, Batavia, was arrested on a warrant for alleged failure to appear on a driving while registration suspended or revoked charge. Marceill turned himself in, was arraigned and released on his own recognizance. 

Cynthia C. Richardson, 35, of Maple Street, Batavia, is charged with a curfew violation. Richardson was arrested after police responded to a report of a fight at 1:29 a.m. Saturday on Court Street. Richardson's 14-year-old son was allegedly located on Evans Street near Ellicott Street at 1:34 a.m.

Donna A. Cocoran, 41, of St. Mary's Street, Pavilion, is charged with DWI, aggravated DWI, aggravated unlicensed operation, 3rd, and suspended registration. Cocoran was stopped at 12:49 p.m. on Elm Street, Batavia, by Officer Eric Foels.

Samuel J. Barber, 20, of Bank Street, Batavia, is charged with unlawful possession of alcohol under age 21. Barber was arrested following a complaint of a party at 12:32 a.m. Sunday on Bank Street, Batavia. Barber was allegedly hosting the party along with two other individuals. Also charged were Abdullah B. Diallo, 19, of Bank Street, Batavia, and Seanmichael G. Kidder, 19, of Bank Street, Batavia.

Robert Jean Jackson, 38, of Albert Street, Oakfield, is charged with DWI, driving with a BAC of .08 or greater, speeding in zone and failure to change address on license. Jackson was stopped at 1:17 a.m., Saturday, on Main Street, Oakfield, by Deputy Joseph Corona.

Justin L. Sanders, 23, of Byron, is charged with grand larceny, 3rd. Sanders was arrested by State Police and jailed on an unspecified bail. No further information released.

Allison A. Sobczak, 23, of Batavia, is charged with DWI and aggravated DWI. Sobczak was stopped at 11:02 a.m. Friday in the Town of Batavia by State Police.

UPDATE: Later today, State Police put out a press release on Sobczak's arrest.  Here's a portion of it:

Sobczak arrived to the Batavia barracks to file a complaint when Troopers smelled an odor of alcoholic beverage coming from her. After her verbal admission that she drove to the barracks, she was detained for a DWI investigation. After Sobczak failed the Standardized Field Sobriety Tests, she was placed under arrest for DWI. 

Sobczak was arrested and escorted back to the patrol room where she registered a BAC of .24%. She was issued citations returnable to the Town of Batavia Court on January 29, 2015.

Katrina M. Jones, 46, of Buffalo, is charged with conspiracy, 5th, and grand larceny, 4th. Jones was arrested by State Police and held on an unspecified bail. No further information released.

Christopher F. Bragg, 29, of Corfu, is charged with grand larceny, 3rd, and scheme to defraud, 2nd. Bragg was arrested by State Police. No further information released.

A look at yesterday's Corfu-Pembroke Community Winterfest.

Jules Hoepting, a student at Oakfield-Alabama, warms up before her graded soloist performance at Batavia Middle School on Saturday.

Vocal soloists from throughout Genesee County converged on the school for a series of performances that could be part of their grade (depending on the school) and used to determine who will be part of an all-county music recital in March.

The program is organized by the Genesee-Wyoming Music Educators Association.

Sarah Wether, from Batavia, warms up with her instructor David Grillo.

The hallways were filled with students waiting their turn to perform, and parents.

As a 22-year-old single mother, Megan Curry never thought homeownership was a realistic goal, but then a coworker told her about Habitat for Humanity and how the organization helped her move into her own house.

Soon, Curry and her son Kayden will be living in their own home on Old Oak Orchard Road, Elba.

The property was donated by MY-T Acres Farm and the Call family. Habitat volunteers, along with Curry, built the three bedroom house from the basement up.

"I never thought something like this would be possible, so the fact that I can be a homeowner and the fact that I helped build my own house is a big deal," Curry said. "It's really empowering."

Pictured are Stephen Curry, Megan's father, Kayden and Megan, her grandmother Phyllis Darling, sister Kayla Curry and her mother, Laura Curry.

A two-vehicle, injury accident is reported on Oak Orchard Road near Edgerton Road, Elba.

Elba fire and Mercy EMS responding.

A second ambulance is requested to the scene, non-emergency.

First responders report a slick roadway.

Route 98 is closed from Ford Road to Edgerton.

Weather forecast from Mark McLean, 13WHAM, our news partner:

On Ultimate Doppler HD we don’t see any widespread precipitation now, but a few flurries are showing up, especially west of Rochester and I wouldn’t be surprised if some light patchy freezing drizzle is mixing in as well. Right now we officially have gray skies with the temperature in the upper 20s near Rochester. Across WNY the temperature is in the upper 20s or lower 30s now and will likely stay in this range through midnight.

The hour by hour forecast shows the temperature falling sharply after midnight with a quick burst of snow likely. We expect the temperature will be in the upper teens by morning. Lake snow showers will continue for the morning. On the neighborhood forecast notice that the temperature doesn’t go up from there. We see the temperature staying in the mid to upper teens all afternoon with a few sunny breaks late in the afternoon.

On the futurecast we have several storm systems we’re watching for WNY. The first will impact the region Monday afternoon and evening. Light snow is likely with several inches of accumulation possible, especially south of Rochester. The snow futurecast shows the expected snow amounts nicely. Behind the system Monday, arctic air will continue to cross Lake Ontario creating additional lake snow showers Tuesday.

The weather forecast this evening will stay overcast with a few flurries and patches of freezing drizzle at 7 and 10 p.m. The temperature will hover in the upper 20s or low 30s during this time. arctic cold front will cross WNY overnight and drop the temperature into the upper teens by 8 a.m. A few lake effect snow showers will be possible in the morning.

The 7-day forecast shows Arctic chill sticking around for most of this week. Monday looks bitter cold with the morning starting in the single numbers. We expect light snow Monday afternoon with several inches of accumulation possible. Tuesday will also be frigid. A few passing snow showers are expected with the high once again in the upper teens. Wednesday will still be cold, but not as harsh. With a few sunny breaks the temperature will move into the mid-20s. Another area-wide snow will arrive Thursday with a high in the low 30s. Friday will turn blustery and colder again with lake snow showers, the early day high in the mid-20s. Saturday will be frigid with mostly cloudy skies and a high near 18.

A 15-point second quarter built on a foundation of pressure defense helped Le Roy pull away from Warsaw on Friday night in a girls hoops matchup.

The first quarter ended in a 9-9 tie, but a series of steals and pressured double-dribbles and travels gave the Knights extra scoring chances.

"That was probably the best defense we played all year," said Head Coach Brian Herdlein.

Herdlein added that his girls staying out of foul trouble also helped move the Knights to a 4-9 record.

The result was a 47-32 victory.

Erin Cappotelli and Kayla Heimlich scored 10 points each for Le Roy, Paige Biggins, nine, and Ava Vescovi, eight.

For Warsaw, Abbey Monahan had 10 points, Ashton Babbit had nine and Tammi Rutherford, six.

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A few of mornings ago, it was just a degree above zero. I wondered if Frank Panepento was really going to be outside by the giant old flag pole outside the Batavia VA Hospital, brass trumpet in hand, blowing out the National Anthem.

I heard he had been out to the VA every morning for the past several months, honoring the veterans and their caregivers with the Star Spangled Banner.

Panepento's tribute started over the summer, and except for missing a couple of days in August, he's been in a small parking lot near the illuminated flagpole every morning at 7, regardless of the rain, the wind, the cold or the snow.

"It's such a beautiful facility that does such beautiful things, every day, every single day," Panepento said. "I said, 'God give me the strength. Let me do this.' Once I did it one day, I said, 'why can't I do it two days?' Once I did it two days, 'why doesn't someone do it every day?' "

Panepento would like to see other horn players take up the cause, not just here, but throughout the nation.

Next month, he will need neck surgery, so he's been recruiting friends to fill in for him, as well as trying to work out something with Batavia High School to have students take turns with the patriotic wake-up call.

"If you're a horn player, why aren't you playing?" Panepento asked. "For me, if I see an opportunity to play, it doesn't get any better than this. It doesn't for me."

Panepento played for the St. Joe's Drum Corps when he was young, but then put his horn away in 1972. In 1991, he helped form the Mighty St. Joe's Alumni Corps and started playing again.

His father had passed by then. He died while a cancer patient at the VA hospital.

A few months before the elder Panepento's death, he told Frank he was determined to beat cancer. He wanted to go up to the VA and walk on the grounds.

The two men parked in the same parking lot where Panepento plays every morning now, got out of the car and started to walk.

They walked shoulder to shoulder for a few feet toward the flag pole, then Frank's father sagged and Frank caught him. They were still at least 15 feet from the large, white cement base of the standard.

"I'm praying, 'God, please give me the strength to hold him,' " Panepento said. "I couldn't go left. I couldn't go right. I didn't want to drop him. I was able to get him to the flagpole and lean him on that flagpole. I said, 'Are you OK, you OK?' I ran back to the car, praying, 'Oh, dear God, please don't let him fall.' I drove over there and I was able to get him car. That was the last time Dad was out. That is when he came to the stark realization (of) what cancer was doing to him and all the implications of what it meant."

Not long after, Panepento's mother passed while staying at the state veterans home on the same grounds.

Frank's father died at a time when Panepento wasn't playing. Father never heard son play the National Anthem. At the funeral, Frank couldn't play taps for his dad. These are lost opportunities Penepento regrets.

"We forget our veterans," Panepento said. "What do we do? We just remember on Veterans Day, or we just remember them on a particular day, or the caregivers who take care of our veterans. It should be something, it's something I need to do. So when I come here, it's like 'Hello Dad, hi, Ma. Thank you God. Thank you for giving me the opportunity to just be here and play.' I'm just grateful to be able to play for him today. I'm just sorry I wasn't able to do it for him then."

NOTE About the video: I've been out to the VA center four straight mornings at 7. The first morning, I went to the wrong location (didn't miss by much) and didn't see Frank. The next morning, the bitter cold caused technical issues with my camera. The following morning, operator error meant the video was out of focus. Today, video in focus, but wind ruined the sound. So, the video is yesterday's audio with this morning's video. Perhaps only a musician would notice it's slightly out of sync, but as a matter of full disclosure, that's the explanation.

County government involves a $140 million budget, more than 700 employees in 27 departments, guided by a myriad of state and local laws, a tiered committee and commission structure and covering topics as diverse as criminal justice, mental health, roads and bridges and government assistance programs.

It would be impossible for any new member of the Genesee County Legislature to "hit the ground running."

The shared wisdom among local government observers is it takes at least a year to get even a basic knowledge of how the county operates.

With that in mind, the Legislature's newest member, Darien's Mike Davis, is taking a measured approach to learning his new job.

He's attending every committee meeting he can, making the rounds to various county departments and listening and reading.

"I need to learn what it's all about," Davis said. "I need to go to all of them (committee meetings) right now to understand the breadth of what's going on. Jay (Gsell, county manager) has taken me to on maybe a one-third tour of the county departments to meet the department heads and employees, and I'll continue to do that. We're going to schedule another one next week. I'll try to see who all these people are -- some 700 employees -- and figure out who does what and where."

Davis was a town justice in Darien and he said he's taking the same approach he did when first appointed to the bench: work hard and learn.

"I think I use common sense, and that's how I'm going to approach this," Davis said.

Davis's first committee assignment is Human Services, taking the slot once filled by Annie Lawrence, who is now supervisor in the Town of Pembroke.

Appointed to the office, he'll run for election in November.

Midmorning some time, agents of Homeland Security, Secret Service, ICE and State Police raided a residence at 3618 Batavia-Oakfield Townline Road, Batavia.

The agents arrived in multiple vehicles including two black vans.

While we were on scene, agents were pulling out large and small green branches. It looked for all the world like they had cut up the family Christmas tree and were stuffing it into large black bags.

An agent on scene said, "I can't tell you anything, except those are not Christmas tree branches."

Agents also carried out boxes.

When we asked a Homeland Security investigator if we could talk to the scene commander, he said we would need to contact the public information office for information. He provided a phone number. That number is nothing but an endless loop of voice prompts, making it impossible to speak to a real person or even leave a message.

We're are continuing to try and track down further information.  

UPDATE 11:02 a.m.: Reviewing my pictures from the scene at higher magnification on the computer, the branches appear to be marijuana plants stripped of leaves (one branch still has some leaves on it, and they look like marijuana leaves). Will have pictures posted shortly.

UPDATE noon: Karen Wisnowski, spokeswoman for Homeland Security in Buffalo, confirmed there is an ongoing investigation in a joint operation between Homeland Security, Secret Service and State Police, but could not comment further. She said the case is under a court-ordered seal at this time. More information will be released once the seal is lifted.

UPDATE 5:10 p.m.: We checked in with Karen Wisnowski. No new information available yet.