Bella Wilder, and below, Wayne Bennet, perform during the "Bergen's Got Talent" competition at the annual Bergen community picnic today.

Here's something I hadn't seen before: Bergen has a "Library in the Woods" in its park.

Elba Central Schools parents and teachers organization hosted its first Muckers and Sons event -- with real Elba muck supplied by a local farmer -- at the school today.

(Apologies to the folks in Elba -- I only have one picture because I had an incorrect setting on my other camera, so all of the pictures on that camera were overexposed.)

Investigator Ron Wilson volunteered to be the guy who got tasered today to demonstrate the nonlethal method for subduing suspects for dozens of people who turned out today for the Troop A open house at the Batavia Barracks of the State Police.

The taser demonstration was one a of a dozen similar events staged by troopers during the open house, held to as part of the 100th Anniversary of the State Police.

Troop A is especially proud of the anniversary because it is one of the four original troops in the state, and it's always been based in Batavia, thanks to lobbying by the local Chamber of Commerce in 1917.

The garage at the barracks was also opened for historical displays, including classic and vintage patrol cars.

(This 1983 Dodge sedan brought back memories -- it's just like the patrol vehicles we had when I was a Law Enforcement Specialist in the Air Force.)

Karie Schmigel wipes a tear away during a ceremony dedicating a memorial bench for her daughter, Sgt. Shaina B. Schmigel, this afternoon at War Memorial at St. Jerome's in Batavia.

Sgt. Schmigel, a paratrooper, died in a training exercise at Fort Bragg, N.C., May 30, 2014.

During her military career, Schmigel served in Iraq in 2011 and earned the Army Commendation Medal, Army Achievement Medal, and Army Good Conduct Medal.

With a jump of 6' 8", Byron-Bergen's Brandon Burke became the New York State Class D2 champion in the high jump today. Burke also took second place in the triple jump and the long jump. 

Photo and info submitted by Patrick McGee.

• A $2 Million settlement was reached on behalf of a Local 22 Plumber who suffered a serious back injury. Our client was on a ladder installing cast iron pipe overhead when a length of pipe broke loose and struck him.
• A $1.2 Million settlement was reached on behalf of a Local 210 Laborer who suffered a serious back injury. While unloading a forklift, a section of drywall fell on our client, striking him in the back and knocking him to the ground.
• A $1.2 Million settlement was reached on behalf of a District Council 11 Painter who suffered serious back, neck, shoulder, and knee injuries. Our client was painting a bridge when a large cable fell from above striking him on the head, cracking his hardhat and knocking him onto his knees.
• A $1 Million settlement was reached on behalf of a Local 210 Laborer who suffered serious neck, back, and shoulder injuries. While performing demolition work, he slipped on a chunk of wet concrete and was injured.
• A $850,000 settlement was reached on behalf of a Local 210 Laborer who suffered a serious knee injury. Our client was part of a team working on the bed of a moving flatbed truck, removing traffic cones from the highway when a stack of cones on the truck tipped over and fell on him.
• A $800,000 settlement was reached on behalf of a construction worker who suffered a serious back injury. Our client was carrying a heavy piece of industrial equipment when he slipped on hazardous debris. 

Darien Lake Theme Park hosted the Color Me Rad 5K for this year today. The event is a fundraiser for Special Olympics.

More than 1,000 people participated in the 5K.

A motorcyclist is down in the area of 5050 Ellicott Street Road, Batavia. Minor injuries are reported. A vehicle may also be involved in the accident. Town of Batavia Fire Department and Mercy medics are responding. The location is between Sheppard Road and Bethany Center Road.

UPDATE 11:45 p.m.: The adult male motorcyclist is being evaluated; very minor, if any injuries. A small child, maybe about 5 years old, was a passenger on the bike and was not injured. A small pickup truck towing a trailer collided with the motorcycle, but the driver was not injured. There is minor damage to the motorcycle.

Kendra Lamb is passionate about dairy farming, so much so that she speaks at conferences, participates in education programs, serves industry groups and now she, and her family, are in a commercial promoting dairy. It started airing June 1 on the Food Network and the Cooking Channel.

The commercial was produced by Dairy Good, a national trade group that represents family-owned dairy farms, such as Oakfield-based Lamb Farms.

Leslie and Gordon Lamb started the farm in 1966 with 110 cows and it has since grown to 2,400 cows. Kendra’s husband, Matt, runs the home farm, but they have  expanded to five other locations.

Dairy Good contacted Kendra about the commercial two and a half months ago and said she was excited to do it.

“Since I became a mom, I’ve become passionate about talking about what we do,” Kendra said. “I think that as people get further removed from agriculture, there’s a distrust with what you don’t know.”

Kendra said she wanted to do the commercial because there is a lack of understanding.

“Farmers haven’t always been good at talking about what we do,” Kendra said. “That’s become my role on the farm.”

Kendra said she shares pictures on their Facebook page to show their values at the farm.

“That’s what people care about these days,” Kendra said. “They want to see the person behind the product. They want to know that you care, and we do.”

Kendra also guides free tours throughout the farm, showing the facilities and cows being milked, providing an educational experience for visitors to learn where their food comes from.

The farm is always improving sustainability, Kendra said.

A methane digester was installed in 2010 that powers the whole farm, creating green energy from cow waste.

“We’re always improving [sustainability] but we don’t do a good job talking about it,” Kendra said.

Kendra said 97 percent of the dairy farms in the United States are family-owned.

“Hopefully those that see our commercial see that we are family farms, even though we are bigger than what people picture when they picture a family farm,” Kendra said. “We care about taking care of the cows. We are proud to produce a high-quality product.”

Friday afternoon was member appreciation day at Copart in Le Roy and The Batavian was invited out for some BBQ and a tour.

I first became aware of Copart in the early morning of March 26, when a car caught on fire behind the electrified and locked gate, which made it difficult for firefighters to gain access, so the fire spread to other vehicles, so it was interesting to learn more about the facility.

One of the managers, Scott McCumiskey led the tour.

Copart specializes working with insurance companies to acquire and sell "total loss vehicles." That's the bulk of its business, but it also sells vehicles that have been donated to charity. 

All auctions are conducted online and buyers must be members, and either a licensed dealer or affiliated with a licensed dealer. Different condition cars tend to have different kind of buyers, buyers that specialize in each kind of vehicle, such as those that can be driven off the lot, those that can be repaired and resold, those good only for parts and those that are nothing but scrap metal.

An insurance loss car might sit on the lot for 30 to 90 days until the insurance company releases it for sale. Sometimes that release for sale might take months or years, depending on the legal case a vehicle might be involved in.

Cars donated to charity are usually sold within a week of arriving on the lot.

Copart has 190 locations worldwide, including in Canada and Europe, with 125 in the United States, including three in New York. The Le Roy location's territory stretches from Syracuse to Buffalo. The company was founded in 1982 in Vallejo, Calif., by Willis J. Johnson, who remains chairman of the board. It is now based in Dallas.

Vehicles involved in serious-injury or fatal accidents might sit in the lot for months or years while civil cases remain pending. The cars are sealed in plastic and tagged as a potential biohazard. Only insurance company or attorney representatives can then enter the vehicle.

Most of the vehicles involved in the March 26 fire have been sold, probably for scrap metal, but these few remain.

Copart also takes in and resells boats, as well as other vehicles, such as semi-trucks, trailers, RVs, and buses.

This bus was destroyed in a fire more than a decade ago and it's been sitting on the Copart lot ever since. The insurance company has not yet released it for sale, presumably because there is a civil case still pending.

A melee on Holland Avenue on Friday evening involved multiple underage youths and a BB gun, and when police arrived, two adults got involved, and then, there was a kitchen fire.

The result: Two adults and one juvenile arrested, at least one person taken to a hospital, and a ruined dinner.

The adults charged were Jaequele M. Tomlin, 22, of East Main Street, Batavia, and Lionel J. Anderson Sr., 45, of Oak Street, Batavia.

Tomlin is charged with disorderly conduct, attempted assault, 2nd, obstructing governmental administration and resisting arrest.

Anderson was charged with disorderly conduct.

Batavia PD, along with troopers and deputies, responded to a report of multiple individuals involved in a fight with at least one weapon involved at 4:37 p.m.

Once police arrived, another fight broke out.

That fight allegedly involved the adults, and Tomlin allegedly then fought with officers on scene.

A 16-year-old is also charged with criminally using drug paraphernalia.

A witness said the fight started on Holland Avenue, with several youths taking off their shirts and engaging each other in a physical fight.

One youth reportedly shot another youth with a BB gun.

The person shot was a juvenile and his name has not been released.  

Police said there was one injury as a result of the shots, but did not specify who was shot. The victim was treated and released at UMMC.

As police were attempting to sort out the incident, a kitchen fire broke out at 23 Holland Ave. and a woman came out of the house complaining that with all the commotion, she wasn't able to pay attention to cooking dinner.

City fire was already on scene to assist with medical issues and firefighters quickly dealt with the fire and kept it from spreading.

The fire seems to have started with a pot on the stove and spread to the wall behind a microwave.

Tomlin was ordered held without bail.

Police say the investigation is ongoing and they don't anticipate releasing more information until the coming week.

(Initial Report)

The Batavia Downtown Public Market season has started and the market will be open three days a week this year, Tuesday, Thursday and Friday, from 9 a.m. to 4 p.m.

Above, one of the vendors, Charleen Satkowski, of Harper Hill Farm, of Darien.

Creek Road near Lehigh Avenue, Batavia, is closed for culvert replacement.

Even though signs warn of the closure as far back and East Road, people are still driving all the way down to the barriers, even semi-trucks, according to a Creek Road resident, who thought it might be a good idea to remind residents of the closure.

The closure started Wednesday and is expected to last for seven to 10 days.

It would mean a lot to Frank Panepento if you would come out to the VA Center in Batavia at 1 p.m. on Sunday to celebrate Flag Day with our veterans.

It will mean a lot to him because it means a lot to the veterans living at the center.

Panepento helped organize the event, which will include a motorcycle procession from Stan's Harley-Davidson and a presentation by students from Batavia Middle School, who wrote essays on what the flag means to them. 

The BMS Art Department also created flags for the veterans.

"For the residents in the hospital, just to know that someone cares about them is huge," Panepento said.

St. Joe's Brass Ensemble, which Penepento leads, will also play.

Nicholas A. Cianciosi, 68, of 400 E. Main St., Apt. #429, Batavia, is charged with second-degree criminal mischief -- property damage greater than $1,500. The defendant is accused of intentionally knocking over a 2003 Harley-Davidson motorcycle that was parked in the 400 Towers apartment complex parking lot, causing $5,014.78 in damage to the motorcycle. The incident allegedly occurred at 6:15 p.m. on May 23. Cianciosi is due in Batavia City Court on June 21 to answer the charge. The case was handled by Batavia Police Officer Frank Klimjack.

Karissa K. Sardina, 34, of Needham Street, Perry, is charged with endangering the welfare of a child and having an unattended motor vehicle. It is alleged that at 11:55 a.m. on June 1 on Main Street in Batavia that Sardina parked her vheicle in the parking lot of a local bank and left the vehicle running and unattended. She is accused of leaving her 3-year-old daughter in the car to go inside the bank and conduct personal banking business. She was due in City Court June 6 to answer the charges. The case was handled by Batavia Police Officer Frank Klimjack, assisted by Officer Kevin DeFelice.

Marshall R. Steffans, 38, of Condon Avenue, Buffalo, is charged with two counts of endangering the welfare of a child -- acting in a manner injurious to a child under age 17, criminal mischief -- intentionally damaging property, and third-degree criminal assault -- acting with intent to cause physical injury. Steffans was arrested on June 2 on an arrest warrant out of City Court on the charges, which followed his arrest on April 18 on Liberty Street in the city following a domestic incident. The case was handled by Batavia Police Officer Nicole McGinnis, assisted by Officer Arick Perkins.

Michael T. Coffey, 48, of South Main Street, Albion, is charged with third-degree burglary, criminal mischief -- intentionally damaging property, and petit larceny. Coffey was arrested at 6 p.m. on June 5 on East Main Street in Batavia after police responded to a reported burglary in progress. While officers were en route, the suspect was located in the area and detained. Coffey is accused of breaking a window and stealing property from inside the building. He was due in Batavia City Court on June 6. The case was handled by Batavia Police Officer Stephen Cronmiller, assisted by Officer Nicole McGinnis.

Brandon James March, 32, of South Main Street, Batavia, is charged with disabling equipment -- preventing communication with emergency services, and fourth-degree grand larceny -- taking property from another person. March was arrested on Cone Street in Batavia at 10:05 p.m. on June 2 following a domestic incident. March is accused of taking a cell phone belonging to another person while that person was attempting to call 9-1-1. He was jailed without bail and was due in City 
Court June 5. The case was handled by Batavia Police Officer Jason Ivison.

Andrew Charles Maier, 30, of Main Road, Corfu, is charged with aggravated DWI with a BAC of .18 percent or more with one prior conviction, DWI with a previous conviction within the last 10 years, and speeding over 55 mph. He was arrested at 8:29 p.m. on June 3 on Colby Road in Pembroke following a traffic stop. He was issued an appearance ticket for Town of Pembroke Court on July 18. The case was handled by Genesee County Sheriff's Deputy Jeremy McClellan, assisted by Deputy Eric Seppala.

Patrick D. Moore, 39, of Strouts Road, Elba, is charged with third-degree criminal mischief -- intentionally damaging another person's property in an amount greater than $250. Moore was arrested June 4 on an arrest warrant out of City Court. Batavia police were dispatched on March 1 to 13 Holland Ave., Batavia, for a disturbance. After an investigation, charges were levied and an arrest warrant was issued for Moore. He was due back in City Court on June 5. The case was handled by Batavia Nicole McGinnis, assisted by Officer Chad Richards.

Bennie Wright, 32, of Jay Street, Rochester, is charged with fourth-degree grand larceny and unlawful possession of marijuana. At 5 p.m. on June 3, Wright allegedly stole money from another person on Central Avenue in Batavia by taking the money out of the person's hand. Wright was allegedly found to possess marijuana during his arrest. The case has handled by Batavia Police Officer Jamie Givens, assisted by Officer Jason Davis.

Nichol L. Schutt, 29, of West Crest Drive, Gates, is charged with second-degree harassment. On June 3, Batavia police arrested Schutt on an arrest warrant -- stemming from an unspecified incident at 1:50 a.m. on June 1 on West Main Street in Batavia -- after Gates police detained her for a traffic stop. She posted $500 bail and was released. She is due in City Court on June 14. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Matthew Wojtaszczyk.

Morgan L. Cox Jr., 25, of Xavier Street, Clarence, is charged with DWI, unlicensed operation of a motor vehicle, and refusal to take a breath test. Cox was arrested after an investigation into a fight that occurred on Trumbull Parkway, Batavia, at 11:05 p.m. on June 3. Witnesses allegedly identified Cox as being involved in the fight and claimed he drove away from the scene. He was located in the area and subsequently arrested. He was jailed on $1,000 bail. The case was handled by Batavia Police Officer Jason Ivison, assisted by Officer Felicia DeGroot.

Travis Martin Klotzbach, 26, of Elm Street, Batavia, is charged with: moving from lane unsafely; drinking alcohol in a motor vehicle on a highway; DWI -- common law; and aggravated DWI -- per se -- with a BAC of .18 percent or more. Klotzbach was arrested following a traffic stop at 10:02 p.m. on June 3 on Pearl Street. Police pulled over his 1997 blue Ford Expedition after a complaint of erratic driving. He was allegedly found to be operating the vehicle while intoxicated with a BAC of .23 percent. He was issued traffic tickets and released. He is due in City Court on June 14. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Eric Bolles.

Aisha I. Culver, 18, of Willow Street, Batavia, is charged with second-degree harassment -- physical contact, and endangering the welfare of a child -- acting in a manner injurious to a child under age 17. She was arresred on May 26 on Willow Street. The charges are linked to a disturbance that police responded to at 8:05 p.m. on May 20 on Maple Street. She was released with an appearance ticket and was due in City Court on May 30. The case was handled by Batavia Police Officer Nicole McGinnis, assisted by Officer Arick Perkins.

David P. Grossman Sr., 34, of West Main Street Road, Batavia, is charged with obstructing governmental administration and unlawful possession of marijuana. The charges stem from an incident at 5:44 p.m. on March 1 on State Street, Batavia. Officers responded to a distrubance and it is alleged that Grossman Sr. was resistant with officers and tried to prevent the officers from taking him into custody. After his arrest, he was allegedly found to possess marijuana. He was due in City Court June 6. The case was handled by Batavia Police Officer Chad Richards, assisted by Officer Frank Klimjack.

Dora L. Poodry, 23, of East Main Street, Batavia, is charged with petit larceny. She was arrested on May 28 on East Main Street in Batavia after allegedly stealing multiple items from a convenience store. She was issused an appearance ticket and was due in City Court on June 6. The case was handled by Batavia Police Officer Stephen Cronmiller, assisted by Officer Lindsay Christopher.

Thomas A. Carson, 41, of Wood Street, Batavia, was arrested on June 5 on a Batavia City Court bench warrant issued May 5. He was jailed on $2,500 bail and was due back in court the same day as his arrest, June 5. The case was handled by Batavia Police Officer Jason Ivison, assisted by Officer Matthew Wojtaszczyk.

Patrick J. Dickinson, 48, of East Henrietta Road, Henrietta, is charged with second-degree harassment and unlawful possession of marijuana. He was arrested following the investigation into a road rage incident which occurred at 10:05 a.m. on June 3 on Main Street in Batavia. Dickinson is accused of chasing down the occupants of another vehicle and shoving one of them. At the time of his arrest, marijuana was allegedly located inside his vehicle. He was released on an appearance ticket was due in City Court on June 6. The case was handled by Batavia Police Officer Jason Ivison, assisted by Sgt. Dan Coffey.

Christopher M. Grant, 28, of Schaefer Drive, West Seneca, was arrested June 3 on a bench warrant out of City Court. The warrant was issued after Grant failed to appear on a misdemeanor traffic ticket. He posted $250 bail and was released. He is due back in City Court on June 20. The case was handled by Batavia Police Officer Christopher Lindsay.

This home has loads of possibilities and plenty of spread-out room for its size! Hardwood floors throughout and mechanically up to date with newer furnace and metal roof. Downstairs features awesome walkout basement with great hobby shop and three additional rooms currently used as bedrooms and or playrooms...come check it out!

Call Lynn Bezon at Reliant Real Estate today to see this listing or stop by the open house this Saturday from 11 a.m - 1 p.m. Click here to see the full listing.

One of New England's largest dairy producers, HP Hood, with an increasing reach into New York, is acquiring the former Muller Quaker Dairy plant in the Genesee Valley Agri-Business Park in Batavia.

The plant has been vacant, except for a few maintenance workers, since Theo Muller Group and PepsiCo dissolved their yogurt-making partnership in December 2015. A month later, Dairy Farmers of America, a dairy farmers cooperative, purchased the 363,000-square-foot, state-of-the-art milk processing facility for $60 million.

Since then, DFA has been mum about its plans for the plant, and for 2017, the company wound up paying all of the property taxes due on the two parcels, more than $650,000, because they were not meeting the employment obligations of the PILOT (Payment In Lieu Of Taxes) agreement Muller Quaker received for the project.

Rumors have started circulating weeks ago that DFA planned to sell the plant to a large dairy producer.

Public documents released by the Genesee County Economic Development Center in advance of a meeting next week where new tax incentives will be considered indicate that Hood is the buyer. It is a 170-year-old company that does more than $2 billion in business annually, and is based in Lynnfield, Mass..

Hood is a subsidiary of Catamount Companies. The owner and CEO is John A. Kaneb, who is also a part-owner of the Boston Red Sox.

News of Hood's purchase is good news to local dairy farmers. Both Shelly Stein of Stein Farms and Dean Norton, former NY Farm Bureau president and owner of a dairy farm in Elba, said anything that creates more demand for local milk helps all farmers.

"Anything that can go into that plant and help with the oversupply of raw milk that we have in the Northeast right now, that would be good," Norton said.

Norton said he has met Kaneb a couple of times.

"He's a good guy and it's a pretty solid company," Norton said.

Bill Baskin, owner of Baskin Livestock in Bethany, got his start in the dairy business in Massachusetts, so he is very familiar with Hood and said it's a good, old, old, old company with deep roots in Boston.

The funny story, he said, is that his great uncles had a 700- or 800-cow dairy farm back in the 1940s and they didn't like the price they were getting from Hood for milk, so they started their own bottling plant, which years later they sold.

Both Stein and Norton are DFA members. Norton said he doesn't know, but he would expect that DFA will become the supplier of milk for Hood's operations.

Monica Massey, senior vice president and chief of staff for DFA, said she could not confirm the transaction with Hood.

"We are getting close to finalizing an agreement," she said.

Massey said DFA acquired the plant as a "strategic opportunity" because the region is an important and underserved milk shed.

Asked if DFA would supply milk to Hood, Massey said, "We acquired the facility because we thought it would benefit our member-owners." That is still the goal, she added.

Hood's purchase price for the former Muller Quaker plant has not been released, but GCEDC documents indicate that Hood plans to add another 100,000 square feet to the plant, which is already considered the largest in the United States, for a warehouse.

How much that additional investment will cost is not disclosed in the documents.

While Muller Quaker topped out at 162 jobs created, Hood promises 250 jobs at the plant, with an average annual salary of $47,000.

Hood plans to begin construction this summer and be operational by the first quarter of 2019.

Construction will create 524 jobs with a payroll of nearly $26 million.

The original cost of construction for the plant was $206 million, which is the cost of capital investment still tracked by GCEDC for its accounting purposes.

The GCEDC board will be asked to consider reinstating the PILOT, which will provide Hood with more than $7 million in tax abatements over 10 years, with an anticipated total economic benefit to the region of more than $330 million.

Hood has been expanding into New York and other parts of the United States over the past few years. In 2004, the company acquired Crowley Foods, based in Binghamton. It's also acquired dairy companies in Minnesota and Sacramento, Calif.

Eric Zuber, a local dairy farmer and VP of Upstate Niagara Milk Cooperative, said he hasn't heard what Hood plans to do with the plant, but like Stein and Norton, he believes anything that will "soak up some of the milk supply" is a good thing.

"There sure is a lot of milk around right now," he said. "A little more capacity with the right thing is a good thing. We need more processing capacity. I don't care where it comes from."

Hood and Kaneb, he said, have a good reputation in the dairy industry.

"He’s done a fantastic job with (Hood)," Zuber said. "They know how to manage a milk plant. Whatever they decided to do, I'm sure it's going to be first class."

Several city police units are responding to Holland Avenue for a reported fight outside involving several people. The call was then switched to a secure communications channel.

UPDATE 4:45 p.m.: There was Taser deployment.

UPDATE 4:47 pm.: Mercy medics are en route to 1 Holland Ave.

UPDATE 4:48 p.m.; A male subject suffered a BB shot to the chest.

UPDATE 4:53 p.m.: An ambulance from Alexander is called to respond to the city's incident involving "several victims of assault."

UPDATE 5:16 p.m.: City fire is responding to a reported cooking fire on the stove at 23 Holland Ave., which is also one of the places involving people in the police incident.

UPDATE 5:22 p.m.: The fire appears to be out, according to a dispatcher.

UPDATE 5:30 p.m.: Medics are transporting to UMMC a 45-year-old male who was pepper sprayed in the face and a 16 50-year-old male who was shot in the chest with a BB gun. 

UPDATE 6:44 p.m.: Batavia Police Chief Shawn Heubusch at the scene said the call that came in was for a fight involving about 30 people, including the possible use of weapons. Police responded and the incident involved a number of mostly juveniles. Some adults, possibly parents, were also at the scene. At least one adult male was Tazed and another adult male -- or possibly even the same one -- was pepper sprayed by police. A witness said initially, before officers arrived, there was shouting, some individuals took their shirts off, then fighting ensued. Police arrived shortly thereafter, along with medics, and the city fire department responded to a cooking incident -- stove fire that spread to a wall -- that occurred during the ruckus. Heubusch said a press release is being prepared and will be released later.

Joseph B. James is indicted for the crime of second-degree assault, a Class D violent felony. It is alleged that on May 7 in the City of Batavia that James, with intent to prevent a police officer from performing a lawful duty, caused physical injury to a police officer. In count two, James is accused of the crime of third-degree criminal mischeif, a Class E felony. It is alleged in count two that James damaged another person's property in an amount exceeding $250 -- a surveillance camera and housing in the holding room at the BPD on West Main Street in the City of Batavia.

Shawn M. Twardowski is indicted for the crime of third-degree robbery, a Class D felony. It is alleged that on Jan. 26 in the City of Batavia that the defendant forcibly stole property -- a cell phone. In count, Twardowski is accused of the crime of cruelty to animals, a Class A misdemeanor, according to the state Agriculture and Markets Law Section 353, and it is alleged that he cruelly beat and strangled a dog belonging to a female.

Darrell Smith is indicted for the crime of first-degree coercion, a Class D felony, for allegedly threatening to kill three people on May 6 in the City of Batavia. Smith is accused of compelling or inducing a male to abstain from engaging in conduct in which he had a legal right to engage. Smith allegedly held a knife in his hand and a glass bottle in another as a means of instilling fear in the victim that, if his demand was not complied with, the defendant would cause him physical injury. Smith allegedly threatened the victim with physical injury if the victim were to try and leave the residence before "he produced property demanded by the defendant." In counts two and three, Smith is accused of the same crime on the same day involving another male victim and a female victim, respectively. In count four, Smith is accused of criminal obstruction of breathing or blood circulation, a Class A misdemeanor, by applying pressure on the throat or neck of a male victim. In count five, Smith is accused of fourth-degree criminal mischief, also a Class A misdemeanor, for allegedly intentionally damaging another person's property -- a shelving/stereo unit and items displayed or stored on the unit. In count six, Smith is accused of second-degree menacing, another Class A misdemeanor, for allegedly intentionally placing or attempting to place a male victim in reasonable fear of physical injury, serious physical injury or death by displaying a deadly weapon -- a knife.

Public Health Column from the Genesee County Health Department:

Do you know that mammals, including humans, can contract rabies? Bats, raccoons, foxes and skunks are assumed to be infected with this deadly virus and must be avoided. In any case with animals, it is better to love your own and leave others alone!

What is rabies? How is it transmitted? What are Signs & Symptoms?

Rabies is a virus that attacks the nervous system of mammals, ultimately causing disease in the brain and death. There are more than 4,000 different species of mammals, all of which are vertebrates (they have a backbone or spine), are endothermic (“warm-blooded”), have hair on their bodies, and produce milk to feed their babies.

Transmission of the rabies virus usually begins when the saliva of an infected host is passed to an uninfected mammal. The most common way rabies is transmitted is through the bite and virus-containing saliva of an infected host. Other routes include contamination of mucous membranes (i.e., eyes, nose, mouth), aerosol transmission, and organ transplantations.

The first symptoms of rabies may be very similar to those of the flu including general weakness or discomfort, fever or headache. These symptoms may last for days. There may also be discomfort or a prickling or itching sensation at the bite site, progressing within days to symptoms of cerebral (brain) dysfunction, anxiety, confusion, agitation.

As the disease progresses, the person may experience delirium, abnormal behavior, hallucinations and insomnia. Common signs of rabies in animals are; nocturnal (night) animals active during daylight, foaming of the mouth, overly aggressive, or uncoordinated. The acute period of disease typically ends after 2 to 10 days.  Once clinical signs of rabies appear, the disease is nearly always fatal, and treatment is typically supportive.

What to do if potentially exposed to rabies?

“If you are bitten, or if infectious material (such as saliva) from a wild or stray animal gets into your eyes, nose, mouth, or a cut, wash the area with soap/water and call your doctor or local County Health Department immediately. Please note that bats have very tiny, razor-sharp teeth so you may not feel or see a bite mark,” said Sarah Balduf, director of Environmental Health for Genesee & Orleans Counties.

IT IS EXTREMELY IMPORTANT to safely capture the suspect animal if it has or may have been in contact with people, pets or livestock so it can be tested for rabies. Capturing the suspect animal for testing is important because unnecessary medical treatment to people and confinement of pets or livestock may be avoidable.

“To diagnosis the rabies virus in animals testing the tissue of the brain is needed. Keep this in mind when capturing the animal because damage to the head/brain can cause it to be untestable. If treatment is recommended, it consists of a series of four shots, over a period of 14 days. An additional fifth dose of rabies vaccine is given on day 28 to immunocompromised patients (less capable of battling infections),” Balduf said.

*A link to a video on how to safely capture a bat is located below.

How do you to prevent rabies?

Rabies is 100-percent preventable! Here are some ways to protect your families and animals.

·      Don't feed, touch or adopt wild animals, stray dogs or cats, including the babies.

·      Be sure your pet dogs, cats and ferrets as well as horses and valuable livestock animals are up-to-date on their rabies vaccinations. Vaccination protects pets if they are exposed to rabid animals. Pets too young to be vaccinated (under 3 months old) should be kept indoors and allowed outside only under direct observation.  Keep family pets indoors at night. Do not leave them outside unattended or let them roam free.

·      Do not attract wild animals to your home or yard. Keep your property free of stored bird seed or other foods that may attract wild animals. Feed pets indoors.  Tightly cap or put away garbage cans. Board up any openings to your attic, basement, porch or garage. Cap your chimney with screens. Bats can get in spaces as small as the width of a pencil.

·      If nuisance wild animals are living in parts of your home, consult with a nuisance wildlife control expert about having them removed. You can find wildlife control experts, who work on a fee-for-service basis, in your telephone directory under pest control.

·      Teach children not to touch any animal they do not know and to tell an adult immediately if they are bitten by any animal.

·      If a wild animal is on your property, let it wander away. Bring children and pets indoors and alert neighbors who are outside. You may contact a nuisance wildlife control expert who will remove the animal for a fee.

Upcoming Dog, Cat and Ferret Anti-Rabies Vaccination Clinics:

Clinics are free to county residents -- charges may apply for out of county residents.

Donations are appreciated -- for complete details visit the county health department’s website.

Genesee County Clinics are held on Thursdays from 4 - 7 p.m.:

• Aug. 17^th, Genesee County Fairgrounds, 5031 E. Main St., Batavia
• Sept. 21^st, Pembroke Highway Department, 1145 Main Road (Route 5), Pembroke
• Oct. 19^th, Le Roy Village Highway Garage, 58 N. Main St., Le Roy

For more information on rabies, how to catch a bat safely, and much more visit, https://www.health.ny.gov/diseases/communicable/zoonoses/rabies/

For information about Health Department services contact,

• Genesee County Health Department at: 585-344-2580, ext. 5555, or visit its website at www.co.genesee.ny.us/departments/health/index.html.