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September 26, 2015 - 1:19pm
posted by Howard B. Owens in hlom, history, batavia.

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Assemblyman Steve Hawley presents a proclamation today to Jeff Donahue, director of the Holland Land Office Museum, during a rededication ceremony on the 200th anniversary of the founding of the Holland Land Office. 

Dr. Roger Triftshauser, a retired Navy rear admiral and former chairman of the County Legislature, gave the keynote address.

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September 25, 2015 - 6:00pm

 **If accepted purchase offer occurs resulting from visit at open house by Oct. 10th 2015, seller will give $1000 gift card to store of your choice!!!** Don't miss this Open House on Saturday the 26Th from 11am-1pm at 218 Liberty Street, Batavia. Listed at $85,900. Solid and perfectly maintained 3 bedroom home in picture perfect condition with nothing to do! Everything updated and upgraded, from pretty hardwood laminate to pretty and plush carpeting throughout and all rooms freshly painted. Home features a fully remodeled kitchen with all new stainless appliances. Back mudroom leading to bright and airy first floor laundry! Great front enclosed porch to enjoy the nights and large back yard with patio for cooking out.  For all the extras or the person looking for a LARGE GARAGE this one is 2 plus and extra deep, plenty of room and then some! Don't pass this one by! Call Lynn Bezon at Reliant Real Estate today or visit us online by clicking here.

September 25, 2015 - 3:03pm
posted by Billie Owens in crime, batavia.

Toni M. Drake, 34, of Vine Street, Batavia was arrested on Sept. 21 at 7:18 p.m. and charged with allowing her dog to habitually bark for more than a half hour.

Drake is to be arraigned in City Court at 1 p.m. on Tuesday.

According to the Batavia PD report, her arrest came after she allegedly left her dog chained to a tree in the back yard unattended, allowing it to bark continuously for more than 30 minutes.

"Drake had been warned in the past not to allow her dog to bark continuously," says the report written by Sgt. Eric Bolles and released today.

September 25, 2015 - 2:53pm
posted by Billie Owens in crime, batavia, Le Roy.

Monta H. Little is indicted for the crime of criminal possession of a forged instrument in the second degree, a Class D felony. On April 3, in the Town of Batavia, Little allegedly knowingly used a Visa credit card that was not hers, thus intending to defraud, deceived or injure another. In 21 additional counts, Little is accused of the same crime, using various credit and debit cards of the same victim.

Nelson Grant Jr. is indicted for the crime of criminal possession of a forged instrument in the second degree, a Class D felony. On April 3, in the Town of Batavia, Grant allegedly knowingly used a MasterCard debit card that was not his, thus intending to defraud, deceive or injure another. In nine additional counts, the defendant is accused of the same crime using various credit cards.

Robert T. Assing Jr. is indicted for the crime of criminal possession of a forged instrument in the second degree, a Class D felony. On April 3, in the Town of Batavia, Assing allegedly knowlingly used a Visa debit card that was not his, thus intending to defraud, deceive or injure another. In six additional counts, he is accused of the same crime while using a different debit card in each instance.

Terrance L. Falk is indicted for the crime of criminal mischief in the third degree, a Class E felony. On Dec. 29, 2014, Falk allegedly intentionally damaged the property of another person in an amount exceeding $250, when he had no right to do so nor any reasonable grounds to believe he had such a right. It was a glass window on a door on West Main Street in the Village of Le Roy.

September 25, 2015 - 10:34am
posted by Howard B. Owens in Batavia Blue Devils Hall of Fame, Batavia HS, batavia, sports.

The Batavia Coaches Association hosts the 14th annual Batavia Blue Devil Athletic Hall of Fame Dinner tomorrow Terry Hills Restaurant and Banquet Facility.

Cost is $30 per person. Social hour begins at 5 p.m., followed by dinner at 6.

Tickets are available at the Athletic Director's Office at Batavia High School. For more information, call 343-2480, ext. 2003.

Below, reproductions of the plaques to be presented and hung at the school.

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September 25, 2015 - 10:13am
posted by Howard B. Owens in crime, pembroke, batavia.

Paul Joseph Zicari, 59, of Candy Lane, Rochester, is charged with: aggravated unlicensed operation, 2nd; operating a motor vehicle without a license; disposing of refuse on a highway; and driving a vehicle with broken glass. Zicari was stopped at 4:51 p.m. Thursday on Route 77, Pembroke, by Deputy Joseph Corona. He was jailed on $1,000 bail.

Jaylyn Shayquawn Strong, 20, of Porter Avenue, Batavia, is charged with: unlawful possession of marijuana; display of forged certificate without inspection; operation of uninspected motor vehicle; operation by unlicensed driver; unsafe turn. Strong was stopped at 8:40 p.m. Monday on East Main Street by Deputy Joseph Corona. Also charged with unlawful possession of marijuana was Labue Dean Jonathan Wimbush, 24, of Cherry Street, Batavia.

September 24, 2015 - 7:11pm
posted by Howard B. Owens in fire, batavia.

City fire is on scene of a smoke-in-the-residence call at 634 E. Main St., Batavia.

A Mercy ambulance is requested to the scene to evaluate a person with possible smoke inhalation.

UPDATE 7:26 p.m.: A second ambulance is on scene. Engine 15 is going back in service.

September 24, 2015 - 1:29pm
posted by Howard B. Owens in batavia, Batavia PD.

A retired Batavia police officer is in critical but stable condition in a hospital in Homer after being involved in a motorcycle accident.

Dennis Rider, 62, was reportedly trying to pass a dump truck that was making a left-hand turn on Route 90 when it wrecked.

The accident occurred Monday afternoon.

(Source: CNYCentral.com)

September 24, 2015 - 12:17pm
posted by Howard B. Owens in crime, batavia, Alabama, pembroke, Le Roy.
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    Jenea Macleod

Jenea M. Macleod, 31, of Akron, is charged with petit larceny, harassment, 2nd, two counts of criminal possession of a controlled substance, two counts of criminal use of drug paraphernalia and controlled substance not in original container. Macleod was arrested by State Police after a shoplifting complaint at the Shoe Dept. Store in Batavia. Macleod is accused of stealing a $90 pair of boots. When Macleod attempted to leave the store, she allegedly struck an employee. Once stopped, a trooper allegedly observed in plain view on the floorboard some unused needles. Upon further investigation, she was allegedly found in possession of four 10 mg. oxycodone pills, a plastic baggie containing .4 grams of heroin, bath salts, a green scale and 20 small pink plastic baggies. She was jailed on $3,000 bail.

Alexander D. Koloko, 19, of Burlington, Ontario, Canada, is charged with petit larceny. Koloko allegedly stole a pack of $0.97 cigars from a local store.

Kasey Jame Wagner, 33, of Fletcher Chapel Road, Shelby, is charged with possession of a hypodermic instrument, criminal impersonation, 2nd, aggravated unlicensed operation, 3rd, and speeding. Wagner was stopped at 1:11 a.m. Wednesday on Clinton Street Road, Stafford, by Deputy Joseph Corona.

Ronald Joseph Riley, 37, of South Avenue, Medina, is charged with unlawful possession of marijuana and speeding. Riley was stopped at 4:61 p.m. Wednesday on Route 77, Alabama, by Deputy Joseph Corona.

Joel Lawrence Curts, 31, of East Main Road, Le Roy, is charged with abandonment of animal and aggravated unlicensed operation. Curts is accused of abandoning a cat by the side of the road in the Linwood Road area of Le Roy. A witness called in a complaint, leading to the arrest of Curts. The case was investigated by deputies Chad Cummings and Michael Lute.

A 17-year-old resident of South Street, Le Roy, is charged with harassment, 2nd. The youth is accused of striking another person following a verbal argument.

Eric Lee Jamalkowski, 31, of Maple Center Road, Hilton, is charged with aggravated unlicensed operation, 1st, and bail jumping, 2nd. Jamalkowski was being held in the Monroe County Jail on unrelated charges and was turned over to the Genesee County Sheriff's Office on a warrant. He was jailed on $10,000 bail.

Morgan Lee Cox, 47, of Scribner Road, Pembroke, is charged with criminal obstruction of breathing or blood circulation and harassment, 2nd. Cox allegedly grabbed a woman around her neck and obstructed her breathing. He also allegedly punched and kicked her.

September 23, 2015 - 11:17am
posted by Billie Owens in bergen, batavia, genesee county.

A convoy of fire trucks and police cars has converged at United Memorial Medical Center in the aftermath of the death of a Bergen ambulance volunteer crew member who died this morning in a head-on collision with a backhoe in Riga. The man, whose identity has not been released, was part of a three-member team responding to a mutual aid request for emergency medical aid.

Batavia police and fire and Sheriff's deputies will lead the convoy of Bergen fire trucks to the county line as it escorts the body of their fallen comrade to the Monroe County Medical Examiner's Office.

UPDATE 11:47 a.m.: Photos of the escort. An H.E. Turner van transported the deceased to Monroe County.

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UPDATE 12:32 p.m.: The Batavian's news partner, 13WHAM has confirmed through sources in Monroe County that the deceased is Barry Miller, who was not only a multi-decade volunteer with the Bergen department and chief of EMS, but a county coroner. Below are photos from 13WHAM of the procession passing through the Rochester area.

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UPDATE 1:24 p.m.: 

A video report from 13WHAM:

UPDATE 3 p.m.:  News release from the Monroe County Sheriff's Office:

Around 7:30 this morning deputies responded to a crash between an ambulance and a backhoe on Bovee Road, just west of Brew Road, in the Town of Riga.

On arrival deputies found a Bergen Fire Department ambulance with severe front-end damage and a Town of Riga Caterpillar backhoe in front of the ambulance. The driver of the ambulance, Zackery W. Czudak, DOB 1985, of Bergen, said they had been dispatched to a Johnson Road, Riga, residence for a medical call. While traveling east on Bovee Road he struck a backhoe which was also travelling east. Czudak said he had reduced his speed because of sun glare and patches of fog in the area.

The front passenger, EMT Barry G. Miller, DOB 1965, of Bergen, was transported to United Memorial Medical Center in Batavia where he was pronounced dead. EMT Gina B. Bliss, DOB 1963, of Bergen, who was in the rear cabin of the ambulance, was transported to the hospital with minor injuries. Zackery W. Czudak was not injured but transported to the hospital as a precaution. The driver of the backhoe was not injured.

UPDATE 4:55 p.m.: There will be a candlelight vigil in memory and honor of EMT Barry Miller tonight at 8 at the Bergen Fire Department, 10 Hunter St., in Bergen.

September 23, 2015 - 8:00am
posted by Howard B. Owens in batavia, crime.

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Deputies Michael Lute and Chad Cummings.

The two deputies who put themselves in harm's way to crawl down 300 feet of dark, damp, mud-filled corrugated metal to pull Wayne Rinker to safety on Friday hope the shoplifting suspect sees the video of his rescue, sees himself dropping like a gelatinous blob to the asphalt of the Batavia Towne Center parking lot, shivering in a fetal position, covered from head-to-toe in slime, and that in seeing himself so close to death, that it makes a difference in his life.

"I hope he decides to make a change," said Deputy Michael Lute.

Lute and Deputy Chad Cummings volunteered to rescue Rinker after it seemed pretty certain he was still in the storm drain, nearly five hours after he ran from a loss prevention officer at Kmart where he allegedly helped an accomplice steal Legos. The two men have been charged with petit larceny and conspiracy and additional charges are still pending.

Rinker's companion, 21-year-old Michael Delvalle, had already told Lute during a post-arrest interview that Rinker probably shot up heroin earlier, so when it came time to go into the hole, Lute knew he was volunteering for duty to find a guy who might have needles on him, might be uncooperative in a confined space, or could be in mortal danger.

He also knew he would be going down in the hole with the backing of a group of professionals in his department, State Police and Town of Batavia fire, as well as a man in Chad Cummings whom he considers one of the finest officers in the department.

"I knew I had the best backup in the world right behind me," Lute said.

For Cummings, crawling toward the unknown in darkened tunnels, that's just one of the things he does.

Tracking down a suspected criminal in a storm drain is comparable to looking for enemy combatants or their weapons hidden in the undergound passageways of Iraq, which is what he did during the war.

"I used some of that experience I had, and knowing we had the resources from here and from the other departments, from the camera and the robot, that I felt safe going down," Cummings said.

Confined spaces can easily fill with dangerous and noxious gases as well as provide an unexpected drop in oxygen supply, but the fire department strapped monitors to Cummings to keep tabs on the breathable air.

The two men moved slowly through the ooze, Cummings said. It would have been a lot harder on their hands and knees getting through the rippled pipe if not the bit of cushion two or three inches of mud provided.

At first, they weren't even sure the lump in the middle of the tunnel was Rinker. It even crossed the mind of Cummings that it could be some homeless guy who crawled into the drain at another time, and Lute thought of a racoon's nest.

Or Rinker could be playing possum.

"Once Deputy Lute started to see an object in the tunnel, we kind of stopped, assessed and we were giving information back to the outside, letting them know that we did see the suspect," Cumming said. "Then Deputy Lute and I approached cautiously, and once we were there, Deputy Lute was trying to communicate with him. The suspect wasn't communicating back. At that point, we knew we had to pull him out."

There was a moment where Lute and Cummings didn't think Rinker was even breathing, but then Lute caught the slight movement of Rinker's chest heaving under the light of his helmet and they knew he was still alive, though obviously in bad shape.

"Once we realized he was hypothermic and on the verge of dying, we knew we had to get a harness around this guy and drag him out, so we just went to work and got it done," Lute said.

Both Lute and Cummings are fairly new to the Sheriff's Office. Cummings, originally from Massachusetts and married to a Batavia girl, joined a year ago after 13 years in the Army and six as a corrections officer at the Federal Detention Facility in Batavia. Lute pinned on his star-shaped shield for the first time in January. He's originally from Niagara County and spent more than two years working part time for both the Akron and Corfu police departments.

Though they're new guys, they volunteered to crawl into the storm drain. This wasn't a case of dirty, undesirable duty just rolling down hill.

For the first several hours of the operation, authorities couldn't even be sure Rinker was in the storm-drain system. It was only after surveillance video from Kohl's was finally made available and a camera-equipped robot had been in the tunnels that Sheriff's personnel felt certain Rinker was still in that dank space.

"We knew he was down there and we were going to have to go in and find him because if he was unconscious, hurt, we weren't sure what the drugs, what kind of effect it had on him after a big adrenaline rush to now laying down in the cold, wet mud, so we couldn't just leave the scene without clearing and verifying that he is no longer down there," Cummings said.

At some point, the operation ceased to be purely a law enforcement mission for the deputies. There was a human being down there who probably needed their help.

"Once we rescued him out of the tunnel," Cummings said, "then we can pursue and follow up with the charges, but at that point it just became more of a rescue operation vs. we were just looking for a suspect. We knew there was a person down there who needed help. Obviously, he wasn't responding to us to help himself to come out. He was determined to stay down there, and at some point, I believe he didn't have the option of moving to get himself out."

That tunnel was a miserable place to be, Lute said.

"Dark and dingy and cold and wet," Lute said. "Not a nice place to be for anyone, I don't care who you are."

When Lute later walked into Rinker's room at UMMC, the trooper guarding him told Rinker, "this is the guy."

"He looked at me," Lute said, "and he said, 'Thanks, man. Thanks for saving my life.' "

Previously:

September 22, 2015 - 10:17pm
posted by Howard B. Owens in sports, baseball, Jackson Street, batavia.

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I took Rocky out for a nightime walk and came across Alex Asselin and Brian Wowk having a catch on Jackson Street.

"Can you even see the ball?" I asked.

"Oh, yeah," Brian said.

Alex asked if I had ever seen them out before. Only during the day, I replied.

"We're out here nearly every night," he said.

The two young men are freshmen at GCC and part of the baseball program. Asselin is a third baseman and catcher from Gatineau, Quebec, Canada, and Wowk is a shortstop and second baseman from Toronto.

The night catches have "definitely helped my eye-hand coordination," Asselin said.

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Alex Asselin

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Brian Wowk

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September 22, 2015 - 5:25pm
posted by Howard B. Owens in kathy hochul, batavia.

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Lt. Gov. Kathy Hochul visited Batavia's Farmer's Market at Batavia Downs today and purchased some fresh produce following a short chat with Dean Norton, president of the New York Farm Bureau.

Earlier, Hochul visited the Holland Land Office Museum to help draw attention to this weekend's celebration of the 200th anniversary of the Holland Land Office. There is a rededication ceremony planned for 11 a.m., Saturday.

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September 22, 2015 - 2:18pm
posted by Howard B. Owens in crime, batavia.

A Sheriff's deputy thought he spotted a warrant suspect along the bank of the Tonawanda Creek behind the old water plant this afternoon, and because this individual is considered a flight risk, multiple patrol units responded to assist in the suspect's apprehension.

On scene were patrols from the Sheriff's Office, State Police and Batavia PD.

"With him being on the creek bank, he's got multiple options of which way to go, so we tried to get some people in the area in case he took off on us," said Sgt. Dan Coffey, Batavia PD.

It turned out the person the deputy spotted wasn't the suspect. It was his brother.

With that man were two other individuals. They had tucked themselves away in a wooded area.  

When patrols responded the three individuals were found in possession of a substance that is being sent to the crime lab for analysis. They were also allegedly in possession of needles; they are being charged with criminal possession of a hypodermic instrument, Coffey said. 

Additional charges may be pending, depending on the outcome of the lab tests.

The names of the three men arrested will likely be released later today.

The original warrant suspect has not yet been located.

September 22, 2015 - 10:17am
posted by Howard B. Owens in crime, batavia.
Brandon Maldonado

The Batavia man accused of scalding his girlfriend's dog with boiling hot water would not admit in court today to the crime, but he did plead guilty to a cruelty to animal charge.

Brandon Maldonado, 26, entered his plea under what's known as an Alford basis.

That means he doesn't admit to actually committing the crime, but recognizes that a jury would most likely weigh the facts of the case and find him guilty.

The Class E felony, under New York's agriculture and markets law, carries a maximum prison term of two years. The plea deal caps Maldonado's sentence at 18 months.

Maldonado and his girlfriend, Melissa Broadbent, were arrested a month ago.

According to statements provided by police from Broadbent's daughters, a month before that, Maldonado poured boiling water in a cup and then dumped it on the family's dog, Rocky.

Broadbent is accused of assisting Maldonado in trying to cover up the crime. Her case is still pending.

Once police became aware of the abuse of Rocky, the dog was taken to State Street Animal Hospital. Veterinarian Fran Woodworth reported that Rocky suffered serious burns and had been in significant pain. He will have some scars for the rest of his life.

Within days of her arrest, Broadbent appeared in City Court and willingly surrendered ownership of Rocky, who was staying at the county's animal shelter. More than a week ago, Rocky was adopted by a local resident.

Maldonado's bail of $10,000 cash or $20,000 bond was continued pending his sentencing in two weeks; however, he is also being held on no bail pending a parole violation review.

Previously:

September 21, 2015 - 9:27pm
posted by Howard B. Owens in crime, batavia.

Sometime around 5 p.m., a person walked into Plaza Spirits and started talking with the clerk. Somehow, the man distracted the clerk and when the clerk wasn't looking, the man reached into the cash drawer and grabbed money.

He then ran out of the store, located at 563 E. Main St. in Eastown Plaza.

It's not known how much cash was taken.

The suspect is described as a heavy-set black male. 

A detective responded and processed the crime scene.

No further information is available at this time.

September 21, 2015 - 5:59pm
posted by Howard B. Owens in crime, batavia.
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Kenneth Tidd

A 33-year-old Holland Avenue resident has been arrested, accused of oral sexual contact with a female less than 11 years old.

Kenneth J. Tidd II is charged with two counts of predatory sexual assault against a child, two counts of first-degree criminal sexual act and second-degree course of sexual conduct against a child.

He was jailed without bail following arraignment in City Court.

The investigation opened over the weekend following a complaint to police. The child was seen by personnel at the Child Advocacy Center.

Tidd is accused of sexual contact with the child at times between 2013 and present.

Tidd is scheduled to next appear in court Thursday.

September 21, 2015 - 5:47pm
posted by Howard B. Owens in crime, batavia.
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Wayne Rinker Michael Delvalle

The man pulled from a storm drain in the parking lot in front of Kohl's Department Store on Friday told a deputy while at the hospital later the he had shot up all of the $100 in heroin he purchased that morning in Rochester, according to a court document.

Wayne L. Rinker, 30, of Webster, was barely breathing -- in fact, at one point when he was first discovered a deputy had a hard time detecting a pulse -- when he was found by deputies lying in inches-deep water and mud in the storm drain.

When first located, deputies said it just looked like a hump in the middle of the pipe. They didn't confirm it was a person until they reached him.

The heroin may have contributed to his medical condition, according to sources. He was transported to UMMC some five hours after a deputy saw him enter the storm-drain system through a drainage ditch behind Office Max on Veterans Memorial Drive.

While deputies felt confident Rinker was in the storm drain, there was no certainty until he was actually located.

At least one deputy expressed concern during the search that if they walked away without confirming his location, he could be trapped underground, so the search pressed on with lights, binoculars and sewer pipe cameras.

He was located once deputies Michael Lute and Chad Cummings agreed to enter the drain and crawl from end to end if they had to to reach him or confirm the drain was vacant.

Rinker was suffering from mild hypothermia when he was pulled from the drain.

Sheriff Gary Maha said Rinker would have died in that storm drain if deputies hadn't located him.

He's now in jail on $5,000 bail or $10,000 bond, charged with petit larceny and conspiracy. Other charges may be pending.

His alleged partner in crime, Michael Delvalle, 21, of Rochester, was also charged.

According to a court document, Rinker told a deputy that he bought $100 in heroin and Delvalle purchased $40 in cocaine. Statements in Devalle's court file indicate deputies found a quantity of cocaine in Delvalle's vehicle, which he admitted was his.

The two men allegedly loaded up a shopping cart with Legos and dog food, using the dog food to cover the Legos.  

"I didn't intend on stealing anything, but was with someone who was," Rinker reportedly said.

Delvalle reportedly told a deputy that Rinker acted as a lookout while he gathered the toys.

"I don't have any money," Delvalle reportedly said. "I lost my job recently at Autozone in Greece," and, "My kids gave me a list of toys they wanted," and "I came into Kmart to steal toys for my kids," and "I wanted to watch my kids enjoy the Legos."

Rinker was an active conspirator in the thefts, Delvalle reportedly told the deputy.

For Rinker's part, he didn't admit to much more than, "I was walking around the store with him. He was pushing the cart."

A loss prevention officer gave a statement to authorities saying she saw Rinker place the dog food on top of the toys.

When Rinker and Delvalle were stopped by security, the two briefly spoke with the store employee before Rinker fled.

"I took off from him so I wouldn't get in trouble," Rinker reportedly told a deputy; and, "I'll be honest with you, I gave the security guy an ID that wasn't me and then took off so I wouldn't get caught."

Previously: Police looking for fleeing subject near Office Max, Batavia Downs

Video by Dan Fischer, WBTA:

September 21, 2015 - 10:31am
posted by Howard B. Owens in crime, batavia.

A second autopsy to try and determine when and how a baby died has been ordered for the infant found in the Liberty Street apartment of 28-year-old Christina Colontino.

Colontino was arrested in late August on a charge of second-degree murder.

The first autopsy was unable to establish with scientific certainty whether the baby was born alive, so Colontino, who had been held without bail, was released from jail. 

Judge Robert C. Noonan signed the order.

The next scheduled court appearance for Colontino, who is still facing a murder charge, is Thursday.

(via The Batavian's news partner, WBTA)

Previously:

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