Bianca Hervey, a 20-year-old student at GCC and former Batavia resident, was put in an awkward, and potentially dangerous, situation by the Attica Police Department recently, according to the Buffalo News.

Hervey, who's only apparent criminal record is a traffic ticket or two, and who was not known to police as a drug user, was apparently coerced into becoming a snitch -- going undercover to help catch drug dealers.

Now, there is little disagreement that illegal drug dealing is a bad thing, but the News rightly editorializes against the Village of Attica Police Department for employing tactics that sound much like those used by the Stasi, the East German Secret Police.

... the apparent drafting of a neophyte drug informant is not only cruel behavior, it is astoundingly bad police work. If the relevant officials are unwilling to strongly renounce what could have been an anomalous misstep in an otherwise professionally run operation, then their own professional judgment must be called into serious question.

The idea that law enforcement officers chasing drug dealers can do absolutely anything they want is itself a kind of drug, one that is as addictive and as destructive of society as any amount of heroin or cocaine.

Hervey was saved the fate of entering an underground world she knows nothing about because her attorney father was able to intervene, but the News reports an unnamed young man was not so fortunate, and now he fears for his safety.

Officer Christopher Graham, who is also the officer accused of trying to recruit Hervey into undercover work, reportedly told the young man that the minor charges against him could keep him out of the military. He offered the youth a way out -- help catch a drug dealer. The young man followed through, according to the News, but when the police asked him to get involved in a second drug deal, the informant refused to cooperate. A short time later, he was arrested for failure to appear on the original charges.

Informants are used by law enforcement all the time. It was an informant that helped local law enforcement break up an apparent meth ring here in Genesee County last week. But reliable informants are usually people who step forward on their own because they know something, or are people recruited from the drug world they already know. 

It seems to smack of incredibly poor judgment and an abuse of power to try and recruit informants from among young people who have little experience either in the drug world or in dealing with the criminal justice system. We trust our local law enforcement officers use better judgment.

There is a accident, forgot where, will update when I hear it again on the scanner. Initial reports said there was only 1 car, however I believe it is actually 2 cars. There are 5 injuries. 3 are adults (1 is pregnant), and 2 are children. No poles or wires are down, Niagara Mohawk does not need to respond immediately.

***NOTICE OF PUBLIC EVENT***

HAWLEY TO HOST FREE CAR SEAT SAFETY CHECK ON JULY 11

Assemblyman Steve Hawley (R, I, C – Batavia) will be hosting a free car seat safety check on Saturday, July 11, from 10 am to 1 pm, at the Albion Fire Hall.  All are invited to attend this important public safety event.

“Despite parents’ best intentions, statistics show that 70 percent of car seats are installed improperly.  I would like to encourage all parents to attend this important event and would like to thank the New York State Police for coming to make sure car seats are properly installed,” said Hawley.

Assemblyman Steve Hawley’s Car Seat Safety Check

Hosted in conjunction with the New York State Police

Saturday, July 11, 2009

10 a.m. to 1 p.m. 

Albion Fire Hall

108 North Platt Street

Albion, NY 

RSVP by calling Assemblyman Hawley’s office at 585-589-5780

###

Contrary to the perception that crime is on the rise because of the recession, in the City of Batavia, crime actually went down in 2008 versus 2007.

Calls for service in the city dropped from 17,707 to 15,854; however, serious crime reports were virtually unchanged, with 502 reported cases in 2008 versus 509 in 2007

Motor vehicle accidents involving personal injury increased from 89 in 2007 to 103 in 2008. There were no fatal accidents in 2008.

You can read the full press release (PDF) by clicking here.

After some discussion of whether the City of Batavia should apply to hire one or two new police officers through a Federal grant program, the City Council unanimously approved a resolution Monday night to seek funding for one position.

The new position, if the grant is approved, would create an entry-level police officer to participate in a community-oriented policing program, and it would replace a position eliminated in the 2008-2009 budget.

The funding comes from U.S. Governments COPS Hiring Recovery Program and covers the first three years of salary and benefits for a new hire.

According to City Manager Jason Molino, the grant cannot be used to replace a retiring officer or to hire a new detective. It can only be used to back fill a position previously eliminated.

Community-oriented policing is a program developed in New York City in 1990s, and used with some success in San Diego. It involves officers being more involved in the community, developing relationships with people in local neighborhoods to solve problems and prevent crimes.

Councilman Bob Bialkowski suggested the city apply for two such positions, and made a motion to amend the resolution, but most of the rest of the council disagreed and voted it down.

In arguing against the motion, Councilman Tim Buckley said, "Let's apply for this one and be happy we get it," stating a concern that applying for two when the city may only qualify for one could cause the entire application to be denied.

The subsequent motion supporting the original resolution for one position was approved unanimously.
 

Is the City of Batavia ready to pony up $288,000 in back pay to Batavia's police officers?

That could be the price tag on an expected arbitrator's ruling this summer.

Or the amount of back pay could be zero, or somewhere in between. Nobody really knows at this point.

In an e-mail request for comment, City Manager Jason Molino said, "Yes the arbitration decision will most likely come out this summer or fall.  There is no way of determining what the settlement may be.  This makes budgeting extremely difficult and no money has been budgeted for retroactive payments.  Any substantial retroactive payment would severely set back the City's attempt to minimize future costs."

Molino addressed the back pay issue earlier this year in his annual budget message, when he said that no money had been budgeted to cover retroactive pay.

Other city unions have given at least one year of zero-percent adjustments over the past four fiscal years (including 2009-2010), with other annual increases ranging from 1.5 percent to 2.85 percent.

If the the arbitrator finds in favor of the police union, the city could be on the hook for five years of back pay. It could be less, and it may not be as high as 3 percent.

But if the officers are awarded a 3-percent increase, it would be compounded for two years. That second-year rate would also apply to any additional annual pay increases for three years.

Frank Klimjack, president of the Batavia Police Benevolent Association, e-mailed us this explanation:

As per the Taylor law, an arbitrator can only impose an award for two years, therefore, that would only get the contract situation to an expiration date of March 31st, 2007.  Whatever award is imposed, a ?% for March 1st, 2005 and ?% for April 1st, 2006 would be granted to the PBA membership. Then you would have to readjust the amount of earnings beginning April 1st, 2005 through the present day 2009 based upon those percentages to determine back pay due the PBA membership. Then it's back to the negotiating table.

That's a big question mark in Klimjack's statement -- we don't know if it is 1 percent, 2 percent or 3 percent or more.  If the arbitrator imposes a rate as high as 4 percent, and five years of back pay, the total would be $317,800.  Two percent would be $258,000.

The BPA has been without a contract, and its members have not received a raise since 2005. Batavia police officers earn from $32,942 to $48,406 (most officers make $48,406), with detectives earning $53,164, sergeants $55,552 and lieutenants $63,775.  Two years of consecutive 3-percent raises for police officers earning $48,406 would bring their annual salaries to $51,354.

By comparison, the starting pay for a Genesee County Sheriff's Deputy is $47,798, and a typical deputy with three years on the force is earning about $52,832, according to Sheriff Gary Maha.

Unsure if the Batavia officers could really get a full five-years worth of back pay, I asked Klimjack to clarify and he replied: "Five years of back pay is correct.  Then beginning April 1st, 2007 through the present is negotiable."

I take that to mean that any additional annual increases from 2007 would be negotiable.  While, a total of five years of back pay for PBA members could still be award at whatever rate the arbitrator sets, per the Taylor law for the covered two years.

For a cash-strapped city, six-figures in back pay is a significant chunk of change. Asked where that money would come from, City Council President Charlie Mallow said, "I’m going to wait for the arbitration to be completed before I speculate on what steps the city will need to take to lesson the impact on our future tax burden. It is clear to me that it would be impossible to pass on a substantial tax increase to city residents at this point. I am confident Council as a whole will take whatever steps are necessary to ensure a stable tax rate."

You may remember that earlier this year the city decided to use $425,000 in Video Lottery Terminal to help land $4.5 million in Federal stimulus funds. Could that money have been better spent on police officer back pay?

"VLT aid was one-time revenues," Molino said. "Funding operational annual expenses with one time revenues would leave the City with significant shortfalls once the revenue stops."

Five people were arrested early Sunday morning for allegedly entering the United States illegally. The five people were found by police during an investigation into suspicious activity in Town of Bergen. Arrested were Efrain Jose Cruz-Hernandez, 22; Jose Morolas-Perez, 18; Hector Perez-Rameriz, 42; Mateo Torres-Ramos, 24; and, Valentin Campos-Baltazar, 32. All five individuals were handed over to the Border Patrol.

Christopher Ball, 26, of LeRoy, was arrested following a single-car traffic accident on Batavia-Stafford Townline Road on Sunday morning. Ball was charged with misdemeanor DWI, a violation for driving lef of pavement marker and speed not prudent, and aggravated DWI with BAC of .18 percent or higher. Police were called to the scene of the accident and discovered Ball was not in his vehicle. He was later found Ball at a nearby relatives house.

Joseph M. Armstrong, 51, of Medina, was arrested and charged with misdemeanor DWI following a two-vehicle accident at Route 5 and Route 63. The Sheriff's office reports that Armstrong was reportedly attempting to make a left-hand turn when his vehicle struck another car.

Mark E. Yasses, 48, of Bethany, was arrested early Sunday morning for harassment, 2nd degree, after allegedly getting into an fight with another individual.  Yasses allegedly pushed the other person to the ground. The incident occurred at Yasses' residence.

Brett Blair, 25, of Batavia, was charged with criminal possession of a controlled substance (hyrocordone) and aggravated unlicensed operation of a motor vehicle, alcohol related after being stopped on Oak St. Saturday afternoon after officers noticed his vehicle with a broken tail light and loud exhaust. Officers report that Blair was driving with a revoked drivers license because of a previous DWI conviction. Blair was arraigned and remanded to Gensee County Jail on $750 bail.

Robert W. Mitchell, 30, of Pittsford, was charged with unlawful possession of marijuna Friday. Police arrested Mitchell during an investigation into suspicious activity. After contacting Michell, police discovered he was wanted on an arrest warrant from the Rochester Police Department. During a search of Mitchell, Mitchell told police he had a small amount of marijuna on his person.

Arielle R. Orlikowski, 19, of Batavia, was charged with speeding and DWI on Saturday after being stopped for speeding on Pearl Street.

James D. Kavanaugh, 19, of Batavia, was charged with "driving while ability impaired by alcohol" after being stopped on E. Main Saturday for driving without headlights. Kavanaugh was also charged with failure to notify DMV of an address change.

Sara E. Schimley, 19, of LeRoy, was arrested for tresspass Thusday after a homeowner in Pavillon told Schimley to leave his or her residence and Schimley refused. Schimley was released on an appearance ticket.

Robert Cummings, 22, of Pembroke, was arrested in Corfu Friday and charged with unlawful possession of marijuna.

Ruben BeCoates, 55, of Rochester, was arrested Saturday after he was allegedly spotted driving erratically. BeCoates was charged with driving while impaired, unlawful lane change and consuming alcohol while in a motor vehicle.

Derek G. Thomas, 32, of 400 E. Main St., Batavia, was charged with a felony count of first-degree criminal contempt and a felony count of third-degree criminal possession of a weapon. Thomas is accused of striking a female acquaintance with his hands and hitting her in the head with a beer bottle. The victim had previously been granted an order of protection against Thomas. He was sent to Genesee County Jail without bail pending a court appearance later this morning.

Ronda M. Kern, 27, of Basom, was charged with felony driving while intoxicated Thursday, Genesee County sheriff's deputies said. Kern was located at the scene of a motor vehicle accident on Sandhill Road in Alabama. She was also ticketed with consumption of alcohol in a motor vehicle and moving from the lane unsafely.

Batavia city police issued the following press release and photographs:

The Batavia Police are asking for the public’s assistance in identifying the person pictured. This person used stolen checks to make purchases exceeding four thousand dollars at businesses in the surrounding area. Please contact Detective Richard Schauf at 585-345-6312 or call the confidential tip line at 345-6370.

The photos look to be from a security camera.

BATAVIA, N.Y. — We're following reports coming through on the scanner right now of a young child, approximately 4-years-old, who was found walking around in the middle of the street in downtown Batavia. Officers on scene report that the child is asking for his mother and father, neither of whom are reported to be in the area.

Update (Friday at 9:04 a.m.): The parents of the lost child have been identified and further investigation into the incident will be shared between Child Protective Services and Batavia city police, Lt. Eugene Jankowski said in an e-mail this morning. It is not known if charges will be placed at this time. No names have yet been released. The investigation is ongoing.

Michael J. Lenhard, 23, of Corfu, was charged with driving while intoxicated Wednesday, Genesee County sheriff's deputies said. Lenhard was stopped for an alleged traffic violation on West Main Street Road in the town of Batavia. He was also ticketed with driving left of the pavement markings.

Timothy Grice, 47, of Oakfield, was charged with a felony count of driving while intoxicated and first-degree aggravated unlicensed operator, state police said. Grice was stopped for an alleged traffic violation on Route 33 in Bergen. He was sent to Genesee County Jail in lieu of $5,000.

An investigation into a home robbery on February 6 has resulted in the arrest of two Batavia residents. Nathan J. Knab, 20, of 16 Overlook Dr., and Travis J. Dunn, 19, of 1 Pine Hollow Dr., were charged with second-degree burglary, a felony, Monday, Genesee County sheriff's deputies said. Knab and Dunn are accused of entering a residence at 8 Pine Hollow Dr. in Batavia and taking a PlayStation 2 system, along with the controllers and game accessories.

They were arraigned in town court Monday and released pending a court appearance scheduled for March 23.

Pictured is Dunn. A mug shot for Knab has not yet been released.

Update (11:13 a.m.): We learned from Chief Deputy Jerome Brewster this morning that Knab did not show up to jail to have his mug shot taken, which is why it was not available when this post was published earlier today.

Mug shot for Knab (right) posted Thursday at 8:08 a.m.

An announcement from Genesee Community College that the criminal justice program at the Batavia campus will be launching a new "Student Safety Patrol" seems timely.  Just last week, a student was arrested on allegations of leaving a rifle and a shotgun laid across the front seat of his unlocked car in the campus parking lot.

Derek J. Wilson, 34, of Byron, was charged Friday with two counts of fourth-degree criminal possession of a weapon. Deputies have already said that they did not believe Wilson to have any malicious intent. Neither weapon was loaded.

Nevertheless, the school feels it can benefit from some extra eyes on patrol on campus. In fact, it was a vigilant passer-by who spotted the guns in Wilson's car and reported the incident to campus security.

"With the increase in incidents on college campuses, we thought a Student Safety Patrol would be most beneficial," Barry Garigen, professor of Criminal Justice said. "The students gain valuable experience in working these details and enjoy providing volunteer service to the College."

Students in the criminal justice program will make up the staff of the patrol.

From the press release:

For a number of years, the Criminal Justice Club at Genesee has been providing security services at various events on campus, such as the annual Fashion Show, Rockfest, and Experience Genesee. As a result of student interest and funding from a Perkins Grant, the Criminal Justice Club was able to start the SSP. Currently, there are ten students trained and participating in the program. Students become eligible for the program when they complete the NYS Security Guard training course. The security guard training is offered several times a year through the College's BEST Center. Students who enroll in CRJ120: Intro to Security also receive the training. The next BEST Center course is being offered on March 28 from 8:00 AM - 4:30 PM at the Batavia Campus. To register for the NYS Security Guard training course, visit (the Web site).

The objectives of the new safety patrol are to enhance the level of security patrol presence, particularly in campus buildings, and ensure a high level of personal safety for those working, studying, or visiting the campus. In addition, the SSP provides an opportunity for volunteer duties for Criminal Justice students who have a career interest in law enforcement, public safety, or security. The Student Safety Patrol also assists the College's public safety staff to achieve their operational objectives and target special security and safety needs.

It is stressed that the students will be performing "non-police" functions.

Student Safety Patrollers augment Public Safety services by performing the following light security details in and around Genesee Community College:

• Patrol all campus buildings as a visible deterrent and community resource
• Assist as directed during critical incidents, at Public Safety's discretion
• Observe and report any suspicious/criminal activity observed on patrol
• Perform customer service duties when required
• Audits of campus lighting, emergency phones, access card systems
• Fire safety equipment checks
• Assist with control of vehicle/pedestrian traffic during events
• Safe-walk (escort) service provided as requested
• Perform the receptionist function in Public Safety as assigned
• Other duties as assigned

Student volunteers are still needed for the remainder of the spring 2009 semester and for the fall 2009 semester. For further information or to join the SSP program, contact Barry Garigen, Criminal Justice professor at Genesee, at 585-343-0055 x6307 or bjgarigen@genesee.edu.

John M. McGowan, 32, of 5 Highland Park, Batavia, was charged with driving while intoxicated early this morning, city police said. McGowan was stopped on West Main Street in Batavia for an alleged traffic violation. He was also ticketed with operating with inadequate headlamps.

Jennifer A. Whitcroft, 22, of LeRoy, was charged with driving while intoxicated early Sunday morning, Genesee County sheriff's deputies said. Whitcroft was stopped on West Main Street in Batavia for an alleged traffic violation. She was also ticketed with driving to the left of pavement markings in a no passing zone.

Mark A. Newton, 53, of East Pembroke, was charged with driving while intoxicated Saturday, Genesee County sheriff's deputies said. Newton was apprehended after he allegedly tried to tow a vehicle from the scene of an accident on Albion Road in Oakfield.

Dawn C. Rogers, 33, of Jamaica, N.Y., was charged with resisting arrest and disorderly conduct Thursday afternoon, Genesee County sheriff's deputies said. Rogers is accused of "using obscene language" at the 48 Deli Express in Batavia. When deputies tried to place Rogers under arrest, she allegedly resisted, yanking her arms away and locking them under herself so that she could not be apprehended. She was sent to Genesee County Jail in lieu of $1,000 bail.

Patrick Wolff, 18, of 8170 Batavia Stafford Townline Road, Batavia, was charged with controlled substance in non-original container and unlawful possession of marijuana Wednesday evening, deputies said. Wolff was apprehended at the Genesee Community College Village, where village security investigated a "suspicious smell" coming from Wolff's room.

Scott F. Doll has been indicted by a grand jury today on a count of murder in the second-degree, Genesee County District Attorney Lawrence Friedman said. Doll is accused of killing his business associate and acquaintance, Joseph A. Benaquist, who was found beaten to death in the driveway of his Pembroke home early Tuesday morning.

An arraignment has been scheduled for Wednesday, March 4, at 2:15 p.m. in county court.

Friedman explained by phone that second-degree murder is "what you usually hear about" in such homicide cases. "That is the intentional killing of another person," he said. That is to be distinguished from first-degree murder, which would involve an intentional killing of a police officer or a judge, for example.

No weapon has been found yet, said Friedman. "But that's not necessary, just like a body is not necessary for a murder conviction. It is certainly something that will be looked for, but we can proceed without it."

It's still too early to say whether or not the case will go to trial. "It's the very beginning of the proceeding," said Friedman.

Doll was found walking along North Lake Road in Pembroke late Monday night "stained with fresh blood." A subsequent investigation led officers to the home of Benaquist, where they discovered the body. Doll was charged with second-degree murder the following afternoon.

Please see our initial post for the full details.

Officers were out at the scene today searching for the murder weapon in the death of Joseph Benaquist, Genesee County Sheriff Gary Maha said. Scott Doll is currently in custody on the charge of second-degree murder for allegedly beating Benaquist to death two nights ago.

Maha informed us that investigators were "searching the area" around Benaquist's home at 683 Knapp Road in Pembroke to "see if (the weapon) had been discarded by Mr. Doll." No weapon has yet been found. Investigators also have yet to determine a motive for the alleged homicide. Benaquist and Doll both served as corrections officers, and they were in an auto sales business together. Maha stressed, however, that a motive "does not need to be established."

The case against Doll is being prepared for a grand jury hearing tomorrow. District Attorney Lawrence Friedman will present the case for indictment. If the jury decides to indict, Doll will then be arraigned in county court.

We haven't yet connected with Friedman for more details on the grand jury appointment tomorrow.

We received the following statement from Corfu Mayor Todd Skeet by e-mail late last night. In full:

I would like to extend the sympathy and prayers of the entire community to the families affected by the recent tragedy in the Town of Pembroke.  We are a tightly knit community.  Now is the time to put their needs foremost in our hearts, minds and prayers.  We ask that everyone show the greatest respect for their privacy in the difficult days ahead.



Any requests for further official statements should be directed to the Genesee County Sheriff's office.  We ask that everyone be considerate and allow us all time to heal.

Murder suspect Scott F. Doll was recently endorsed by Republicans to run on their ticket for mayor in the village of Corfu.

Doll was arraigned earlier today on a felony count of second-degree murder in the death of his business associate and former colleague, Joseph E. Benaquist, who was found bludgeoned to death in his driveway early this morning.

Please see our initial post for the full details.

Corfu Village Clerk Sandra Thomas informed us that Doll had only recently moved back to the village and had no prior experience in the government there. He was endorsed by the Corfu Republicans during a caucus that was held on January 26. Elections for the village are scheduled for March 17.

We left a message for Mayor Todd Skeet. We have not yet heard back. We also tried to contact Andrea Vogler, who was listed as the chair of the Corfu Republicans on the caucus information that was supplied to the county.

Doll's family has been prominent in the Corfu community, where they owned "Doll's Super Duper grocery store" for 40 years, as Scott DeSmit reports for the Daily News.

Officials have yet to release any more information on the business ties between the two men. They have only said that the two were "in business together," and that they picked up used cars at an auction at Clarence which they then sold to customers in the area.

A check at the Genesee County Clerk's Office yielded no significant results when we searched for business information related to Doll and Benaquist. Doll was, however, listed on a financing statement for a loan from Automotive Financing Corp., along with the business SF Enterprizes, which had a listed address of 3 Corfu Plaza.

View Larger Map

This is a look into that plaza from Route 33. We drove through and did not see any signs for a business by the name of SF Enterprizes.

Investigators were absent from the scene of the alleged murder this afternoon at the home of Joseph Benaquist in Pembroke. A lone dog was to be found at the house, chained up out front of the garage.

PEMBROKE, N.Y. — Genesee County Sheriff Gary Maha held a press conference this morning on the murder of Joseph E. Benaquist in Pembroke last night. Maha announced the imminent arrest of Scott F. Doll, who is in the process of being charged with second-degree murder.

Please see our earlier post for the full details.