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Man who admitted to multiple burglaries in 2008 given chance to avoid prison term

By Howard B. Owens

A former Batavia resident accused of five burglaries locally has a chance to carry on his life without serving any time in prison.

Judge Robert C. Noonan ruled in County Court today that Samuel G. Malone, 27, can serve a year's interim probation before he is officially sentenced on his guilty pleas Aug. 12 to two counts of burglary, 3rd, and one count of attempted burglary, 3rd.

District Attorney Lawrence Friedman told Noonan he thought a prison term was the appropriate way to deal with Malone, who committed his local burglaries in 2008 and avoided detection until he was arrested in another county in January.

The arrest in another jurisdiction helped Batavia PD match Malone's DNA to blood found at three burglary scenes in the city.

Malone was later charged in another local residential burglary and admitted to burglarizing the former Clor's location on Pearl Street.

Noonan was apparently persuaded to give Malone another chance based on pre-sentence reports from the probation departments in Allegheny County, where Malone now lives, and Genesee County. Both reports recommended no prison time for Malone.

The maximum sentence available to Noonan was eight to 16 years in prison.

Malone is on probation on his conviction in another county, so he faces consequences there as well as Genesee County if he violates the terms of his release.

For previous coverage of the Samuel Malone case, click here.

One vote decides Le Roy justice race, DeJanerio holds onto county seat

By Howard B. Owens

A one-vote margin was all the difference needed to elect Michael Welsh town justice in Le Roy.

He beat Scott McCumskey 817-816, according to the Genesee County Elections Commission, which completed counting absentee ballots from last week's election.

In the other closely watched and tight race, incumbent Ed DeJanerio held onto his 21-vote margin over challenger Bob Bialkowski for a 405-372 victory.

Corfu trustees plan first step toward study of dissolving village government

By Howard B. Owens

There are some residents who have been pushing to dissolve the Village of Corfu for a decade, said Trustee Ken Lauer.

Depending on the outcome of a meeting early next month, they may get their chance to take a serious look of what the future would look like without a Corfu municipal government.

At its first meeting in December, the village trustees will hear from a grant writer who will explain what it takes to study whether to dissolve the village.

The cost of the study can be from $40,000 to $50,000, according to Deputy Mayor David Bielec.

While there's grant money available from the state, if the village accepts the grant and then doesn't complete dissolution, the local government will be on the hook for half the cost of the study.

"There's a very good possibility the village won't want to take that kind of chance," Blelec said.

The study will answer, or try to answer, all of the unknown questions of dissolution -- will elimination of the court and police department save money; who will plow sidewalks and pick up yard waste; what other services will be lost; how will it effect sewer payments; what happens to the current village department; and most importantly, can village residents realistically expect lower taxes?

"I think it's a good idea, but until you do the financials, you really don't know," Blelec said.

Lauer is also on the fence.

"Am I for it or against it? I want to see the study," Lauer said. "There's good points and there's bad points as far as I can see. As a citizen I've often said what am I paying for?  If I'm paying $300, $500 a year in taxes to the village, what do I get? The sidewalks plowed. Brush pick-up. That's really about it."

Both Lauer and Blelec said they don't believe the turmoil of the past two years -- from the theft of court funds to the behavior of Mayor Ralph Peterson -- are what's driving talk of dissolution. The idea was already in the air before those issues came up.

"It helped bring it to a fruition, but I don't think it was a cause, a direct cause," Lauer said.

No employees will be out of work in wake of devastating fire at Baskin Livestock

By Howard B. Owens

The Friday morning after a fire destroyed key components of the feed-making process at Baskin Livestock, one of Bill Baskin's newest hires walked into his office. He was certainly wondering if he still had a job starting Monday morning.

"I said, 'Joe,' " Baskin said, " 'Don't worry about it. Come here Monday. You've got a job.' "

Baskin hired two new workers last week and both, like his other 50 employees already on the Baskin payroll, all have jobs, he said. There will be no layoffs even though it will be months before the feed operation is fully operational again.

The feed portion of Baskin's business involves collecting waste from large bakeries operating throughout the Northeast, drying it (if it's not dry), separating it from packaging (if it's packaged) and grinding it into grain that can be used as feed for cows.

Baskin Livestock processes 1,500 tons of feed each week.

The company has hardly missed a beat since Thursday night's fire. Trucks keep bringing in waste product and Baskin has lined up agreements with three other similar operations to buy the waste Baskin collects and sell him back the finished feed, which he can then sell to his customers.

There's been some lost sales in the immediate aftermath of the fire, Baskin said, but the procurement side of the business has continued nonstop.

"Procurement is important because a place that is making cookies or donuts or cakes, if they can't get rid of their waste, they have to shut the plant down," Baskin said.

We may never know how the fire started.

The ignition point was somewhere in the area of the equipment that screens and separates material for feed.

"Was it in the fan, was it in the cyclone, was it in the compactor motor? I can't tell you, but that's where the fire started," Baskin said.

Ironically, Baskin was just four weeks from finishing the installation of new equipment that would have pretty muck taken the equipment where the fire started out of production.

"If that was the case (the new equipment in place), the part that failed, whatever part it was that failed, would not be in use," Baskin said.

Baskin hasn't sat down and totaled up the cost of the damage yet, he said, but it's probably approaching seven figures and could exceed a million dollars.

That doesn't count temporary lost sales and the big cut into profit margins while his feed is being processed in out-of-state plants.

The big unknown is how much damage the main building, the warehouse, sustained. It will take a battery of structural tests on the I-beams and foundation to determine if the building is still structurally sound.

"Our structural engineer who designed the building said it's all a function of how hot it got and how fast it cooled," Baskin said.

"You don't want to have a two-foot snowstorm," he added, "and have your roof sitting on your equipment."

The other irony of the fire, Baskin said, is it started in the screening area of the process, not with the burners.

The fire that severally damaged Baskin Livestock five years ago started in the burner and the current system is built with state-of-the-art fire-suppression technology.

If the burner detects even an errant spark it ejects the product being dryed onto a cement pad outside the building and the system is deluged with water.

"We've got so many safety features built in on the drying end because you figure you're running 1,400 or 1,500 degree burner to dry this feed, 25 million BTUs, with all kinds of opportunities for failure there, so everything is designed around that," Baskin said. "Then we've been running this (the screening area) for years without a problem and that's where the failure was."

Baskin had just climbed into bed when he got the call from an employee that there was a fire and when he and Susan looked out their window, they could see the glow.

Baskin jumped in his car and rushed to the plant. He immediately got an a skip loader and created a fire break in the warehouse, moving product on the floor away from the burners and the north side of the building to slow the opportunity for the fire to spread to those pieces of critical and expensive equipment.

When firefighters were on scene and had sufficient water supply, he implored them to fight an interior fight in the warehouse to keep the fire from spreading north, and the strategy appears to have worked.

Baskin is grateful for the support of so many people in the community, the close friends he and his wife, Susan Blackburn, have made in the 21 years they've lived here. He also praised the Bethany Fire Department in particular, but all of the departments that responded to the fire, for their hard work and dedication to their jobs.

Even his customers have set aside hard-nosed business negotiation to offer their support and express their desire to keep doing business with Baskin Livestock.

"The bakery people say we're glad you're OK because you're really important to us," Baskin said. "I've had customers say we can cut back a little bit but we really want to keep your product in our product flow. What can you so to help us get through until you're back full steam? It's gratifying that at the end, after you're done fighting over price, fighting over product, there's that kind of concern."

He's told his employees not to worry about their jobs, that Baskin Livestock will be a bigger and better company once the plant is fully functional again.

Baskin estimates the plant will be 75 percent operational by Christmas and up to 100 percent by March 1.

In an interview Monday, Bill Baskin was all business talking about his business, but when asked what was different or what was the same about this fire and the fire five years ago, Baskin said there was a key similarity between the two fires -- and this is when he got a tad emotional -- that nobody was hurt.

"I couldn't have been through it once, much less twice if anybody got hurt," Baskin said. "The rest of it can be replaced. It can be rebuilt and be bigger and better or whatever, but for me, that's the take home. Nobody got hurt."

Top photo: Bill Baskin, right, meeting with an insurance adjuster Monday afternoon.

Here's the slide show we published Friday morning of Thursday's fire:

Minor injury accident reported on Thruway in Pembroke

By Howard B. Owens

A car has reportedly traveled well of the roadway on the Thruway in the area of mile marker 403 in the west bound lane.

Pembroke and Indian Falls fire departments along with Mercy EMS are dispatch for what is reportedly a minor injury accident.

UPDATE 1:06 p.m.: One person transported to UMMC with minor injuries.

Fire on Davis Avenue claims life of 87-year-old resident

By Howard B. Owens

Davis Avenue is a quiet street tucked in a corner of Batavia between Franklin Avenue and Williams Park.

The residents tend to be homeowners who have lived on Davis as neighbors for many years. They all know each other, said Officer Darryl Streeter.

As word spread early this morning that 87-year-old George A. McConnell did not make it out of his house at 10 Davis Ave. before the back of the structure became engulfed in flames, the shock and grief was apparent among the neighbors who watched the scene on a cold and snowy night.

"It's a very tough situation," Streeter said moments after comforting a neighbor.

Streeter was the first emergency responder on scene. He found George's wife, Candace, on the back porch trying to get out.

"I made entry into the house and got to the main kitchen, living room area and tried to make it upstairs but the smoke was too intense," Streeter said. "I stepped out, tried it a second time, but I just couldn't get any further than the kitchen itself."

At that point firefighters arrived and the back area of the second floor -- where George's bedroom was located -- was fully engulfed in flames.

The fire was knocked down in less than 20 minutes but firefighters found it difficult to make entry into the house because of what Chief Jim Maxwell characterized as "clutter." 

"It was quite a chore getting through everything," Maxwell said.

The cause or origin of the fire has not yet been determined.

Candace McConnell, who is 61, was uninjured and was taken in and being assisted by a neighbor.

George McConnell was born Dec. 25, 1925.

Route 20 closed for truck accident, downed wires

By Howard B. Owens

Route 20 in Darien is closed for an accident involving a tractor-trailer that hit at least one utility pole. 

A second truck apparently became entangled in low-hanging power lines following the initial accident. 

The driver of that truck has been instructed to stay in his cab pending arrival of National Grid. 

Two utility poles are down.

The first truck may be transporting some sort of radioactive material, perhaps used in X-rays. 

Darien Fire Department is on scene. 

Alexander fire has Route 20 shutdown at Route 98. 

UPDATE 12:39 a.m. : A chief informs dispatch, "we have power lines down on both sides of the road and a truck in the middle of the road that is energized. We're really not going to be able to do anything until National Grid gets here. No ETA for National Grid. 

UPDATE 5:41 a.m.: Route 20 is being reopened.

Man suspected of firing shots at patrol vehicles Monday morning arrested

By Howard B. Owens

A 49-year-old Alabama resident is being held without bail and facing two felony charges in connection with an alleged shots-fired incident at a residence on Bloomingdale Road early Monday morning.

Reuben Lay is charged with criminal possession of a weapon, 3rd, and reckless endangerment, 1st, both Class D felonies. He's also charged with misdemeanor counts of criminal obstruction of breathing or blood circulation and harassment, 2nd.

The incident began at 1:49 a.m. when dispatchers received a call from a woman on Bloomingdale Road saying she had been strangled.

As a deputy and trooper responded, she told dispatchers that her alleged assailant had gone into another room of the house and was trying to get his hands on a gun. She then reported he had the gun and had loaded it.

By the time law enforcement arrived, she was outside, in the driveway.

Shortly after the officers reported being on scene and speaking with the caller, a deputy told dispatchers, "Genesee, he just shot at my car. All units are backing out of the driveway. He just shot at the car."

A trooper then says, "We're out of there. Another gunshot."

An officer then said, "It sounds like a .22 rifle."

"They're close. They're close," said a deputy. "Wherever he's shooting from, get the --- out of there."

Minutes later, the Emergency Response Team was requested to the scene.

Because it was not a hostage situation and there was no signs of immediate danger, the ER team assembled at Batavia PD took some time making preparations to respond. About an hour later, the decision was made by the Sheriff's Office that ERT would not be needed.

We've requested more information from Chief Deputy Gordon Dibble about what happened next, but with the holiday, he has not responded to our request for more information.

Tonight, a press release about the arrest of Lay as the suspected shooter was issued by the Sheriff's Office.

Previously: Active shooter reported on Bloomingdale Road

Photos: First snow of the season

By Howard B. Owens

Linda Delecki, a Buffalo resident, came out from her job at Advanced Imaging in City Centre, and exclaimed, "Isn't the snow beautiful?" She then pulled out her camera phone and took a picture of her car before wiping away the snow with a friend's brush.

Just as the weatherman predicted, we're getting snow tonight and the roads are slick.

Below, a picture of St. James.

Box trailer on its side on Route 63, Pavilion

By Howard B. Owens

A tractor-trailer is on its side on Route 63 near Starr Road.

All traffic is being stopped at Starr Road.

Pavilion fire is on scene.

No word yet on injuries, if any.

UPDATE 9:37 p.m.: Fire chief, "Be advised, he's carrying turkeys." Dispatcher responds, "Copy. No potential hazard there."

UPDATE 9:43 p.m.: Responding Mercy medics advised they can take their time responding.

UPDATE 10:24 p.m.: Route 63 reopened. Pavilion back in service.

Slick road conditions possible overnight and into the morning

By Howard B. Owens

Rapidly dropping temperatures following rain could mean snow and black ice conditions on roadways tonight, the National Weather Service said in an advisory.

It's possible more than an inch of snow will fall on Batavia overnight.

Untreated roadways and sidewalks could be particularly slick during the night and into the morning. Bridges and overpasses could be susceptible to icing.

Caution is advised while driving.

Law and Order: Bail bondsman brings in suspect on warrant

By Howard B. Owens

Kenneth S. Lathrop Jr., 27, of 428 Garden City Drive, Syracuse, was arrested on a bench warrant. Lathrop was delivered to Batavia PD headquarters by a bail bondsman. Lathrop was arraigned in City Court and jailed on $5,000 bail or bond.

Steven E. Palmer, 28,of 361 Center St., Caledonia, is charged with felony DWI, felony driving with a BAC of .18 or greater and disobeyng traffic control device. Palmer was stopped by Le Roy PD on Friday. He was jailed on $1,500 bail.

LaShana Tonika Jones, 39, of Audubon Parkway, Syracuse, is charged with petit larceny. Jones is accused of shoplifting $119.84 in merchandise from Walmart.

Jeffrey Keith Wahr, 45, of Crittenden Road, Alden, is charged with DWI, driving with a BAC of .08 or greater and speeding. Wahr was stopped at 1:36 a.m. Sunday on Sumner Road, Darien, by Sgt. Brian Frieday.

Arthur Mack Osborne, 47, of West Main Street, Batavia, is charged with assault, 3rd, and endangering the welfare of a child. Osborne is accused of pulling another person to the floor by the person's hair and then hitting and kicking that person. A child was allegedly in the room. Osborne was jailed on $500 bail.

Zachary J. Ayres, 19, of 544 Bankside Drive, Hamlin, is accused of failure to appear on charges of petit larceny. Ayres was arrested by Officer Jason Ivison on the warrant, arraigned and jailed on $500 bail or $1,000 bond. Ayres was also charged with obstructing governmental information for allegedly providing a false name and information when previously arrested.

Katherine M. Luderman, 34, of 336 Ellicott St., lower, Batavia, was arrested on a bench warrant for disorderly conduct. Luderman was released after paying the remaining $50 of a fine.

A 17-year-old Hutchins Street resident is charged with falsely reporting to law enforcement an incident. The youth allegedly filed a false report of a residential burglary.

Kyle W. Nash, 26, of 219 N. Spruce Street, #76, Batavia, is charged with harassment, 2nd. No details released.

Andrew J. Duckworth, 34, of 128 Jackson St., Batavia, is charged with harassment, 2nd, endangering the welfare of a child and criminal mischief. Duckworth was arrested following an alleged domestic incident. He was jailed on $1,000 bail.

Daniel T. Henning, 33, of 120 S. Swan St., upper, Batavia, is charged with petit larceny. Henning is accused of shoplifting from Tops. He was jailed on $1,000 bail.

Tammy L. Schenck, 37, 20 N. Spruce St., A12, Batavia, is charged with acting in a manner injurious to a child less than 17 years old and harassment, 2nd. No details released.

Eric R. Kelm, 32, of 25 Union Square, Batavia, is charged with DWI, driving with a BAC of .08 or greater and failure to use headlights with windshield wipers. Kelm was stopped at 2:32 a.m. Saturday on Summit Street, Batavia, by Officer Arick Perkins.

Photos: Genesee County honors its veterans

By Howard B. Owens

Local veterans made the rounds this morning of Veterans Day services at locations throughout Genesee County. Starting at the Genesee County Park, they proceeded to the VA Medical Center, the NYS Vets Home, the Upton Monument, St. Jerome's and GCC.

Here are photos from the VA and from Upton.

Bottom photo is from GCC, where the college opened a lounge for student-veterans.

Governor signs legislation renaming portion of Route 98 to honor veterans

By Howard B. Owens

Assemblyman Steve Hawley said he's just received word that Gov. Andrew Cuomo signed today -- on Veterans Day -- a piece of legislation he sponsored to rename Route 98 from Attica to Lake Ontario "The Genesee-Orleans Veterans Memorial Highway."

Hawley said he was proud that the governor supported his request to rename the highway and that Cuomo signed the bill on Veterans Day.

"We should recognize veterans 365 days a year and this helps do that," Hawley said.

Senators Mike Ranzenhofer and George Maziarz sponsored the bill in the Senate.

"As a proud veteran myself and the son of a World War II veteran and the ranking minority member of the Veterans Affairs Committee in the Assembly, I thought it important to recognize what veterans have done for our country," Hawley said.

Active shooter reported on Bloomingdale Road

By Howard B. Owens

State Police and Sheriff's deputies are at a location on Bloomingdale Road where a person with a gun is apparently firing shots.

One officer said it sounded like a .22 rifle. Another said, "that last shot came from over by the woods, by the car."

The county's emergency response team (aka SWAT) is being dispatched.

UPDATE 2:39 a.m.: A reader who heard the start of the call said it began with the report of a domestic disturbance, with a female caller reporting the male half was threatening to kill her. A Mercy ambulance is dispatched, we believe as a precaution. Also Alabama fire is being assembled at its hall.

UPDATE 3:57 a.m. (by Billie): The ERT response is cancelled. Mercy medics and Alabama firefighters are back in service. No further information available at this time.

UPDATE 4:18 a.m.: At this point, we don't have any further information about what actually happened and how local law enforcment handled (or decided to handle) the situation. We will provide any updates that become available.

Detective worries there may be more victims locally of alleged child molester

By Howard B. Owens
Current booking photo Sex offender registry

It's not hard to imagine there are possibly more victims locally of Sean Vickers, who is facing multiple felony counts of alleged child sexual abuse in Genesee and Niagara counties, said Det. Kevin Czora.

Vickers was indicted Friday on 10 more felony counts stemming for the alleged abuse of four victims from the 1990s to the 2000s in Batavia. The 44-year-old Geneva resident was originally arrested in May following an investigation by Batavia PD that started when Niagara County investigators brought information to local detectives about potential victims in the city.

Since Vickers lived in more than one residence in the county over the years, Czora said, it's possible -- if Vickers is the kind of monster the charges against him suggest -- that there are victims out there whom local investigators know nothing about.

"Currently, just by the numbers we're aware of, he's a serial abuser," Czora said.

That's why local investigators are asking anybody who knows anything about Vickers and possible victims to contact law enforcement.

To contact Batavia PD, call (585) 345-6350 or outside the city, contact your local law enforcement agency.

Vickers is accused of sexually molesting three boys in the Barker and Middleport areas last year. Last month he was indicated in Niagara County on six counts of predatory sexual assault against a child. He faces from 25 years to life in prison on the Genesee and Niagara counties charges.

At the time of his arrest, Vickers was already a registered Level 3 sex offender. He had a misdemeanor conviction for a sexual act in Monroe County and in 2009 he was convicted of a felony in New Hampshire for victimizing an underage boy there.

Last May, David A. Vickers, the 49-year-old brother of Sean, was arrested on a federal charge of transportation of a minor with intent to engage in sexual activity. The charge carries a maximum possible sentence of life in federal prison.

David Vickers is accused of molesting a boy from Buffalo over a 10-year period and a Batavia boy over a five-year period, according to the Buffalo News. The first case allegedly began in 1989 and the second in 1999.

Sean Vickers allegedly introduced his brother to the Batavia boy.

When news broke of Vicker's arrest in May, the media reports prompted some people who are now adults to come forward and report they were allegedly abused by Vickers.

In the cases of those adults, however, the alleged crimes happened at a time when the state's statute of limitations on child sexual abuse was five years.

That doesn't mean, however, knowing about those alleged acts and gathering that evidence is a waste in the Vicker's case, Czora said. The more evidence gathered, the more it will help in the prosecution of the alleged crimes that aren't covered by the statute of limitations.

"We've reached out as best we can and now it's a matter of them reaching out to us to let us know what they're aware of and if they've been abused," Czora said. "Some of them, depending on the time frame, we may not be able to do anything criminally, however, there's always counseling, which every victim is entitled to even if the case is prosecuted or not."

For the adults who did come forward after the news came out, there was a sense of closure, Czora said.

"Each case makes the other cases that much stronger and it shows the seriousness and how far Sean Vickers has gone and how he damaged so many different lives," Czora said. "All that can be used later through the courts."

VIckers is currently being held in the Genesee County Jail on $500,000 bail or $500,000 bond. The judge in Niagara County ordered Vickers held without bail.

New charges filed against former Batavia resident accused of child sexual abuse

By Howard B. Owens
Current booking photo Sex offender registry

A former Batavia resident arrested in May for allegedly sexually abusing children in Batavia decades ago was indicted yesterday on 10 more felony sexual abuse charges.

The indictment is the result of an ongoing Batavia PD investigation that has uncovered four more alleged victims.

Vickers is accused of sexually abusing the children over a 12-year period starting in the 1990s.

He was indicted on one count of a course of sexual conduct against a child, a Class B felony, two counts of predatory sexual assault against a child, a Class A-II felony, six counts of criminal sexual act first, a Class B violent felony, one count of sexual abuse, 1st, a Class B felony, and one count of endangering the welfare of a child, a misdemeanor.

The 44-year-old Vickers was a resident of Geneva at the time of his arrest in May.

He was indicted later that month on a count of course of sexual conduct against a child in the first degree, a Class B felony. He was accused of engaging in two or more acts of sexual conduct, which allegedly included at least one act of deviate sexual intercourse with a child less than 13 years old. The alleged incidents occurred between Nov. 2, 2001 and April 16, 2002.

Vickers is being held in the Genesee County Jail on $500,000 bond or cash bail.

The investigation is being lead by Det. Kevin Czora.

The police remain concerned that there could possibly be more alleged victims in the community. To contact Batavia PD, call (585) 345-6350 or outside the city, contact your local law enforcement agency.

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