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Police respond to domestic incident on East Main Street

By Howard B. Owens

We've received a couple of messages asking "what was going on at Movies in Motion?"

There was nothing going on at Movies in Motion.

Police responded to a report of a domestic incident at an apartment behind the business on East Main Street.

Batavia PD, Sheriff's Office and State Police all reportedly responded.

We'll provide additional information as it becomes available.

NOTE: The inquiries about this came 45 minutes to an hour after the incident. If you see something going on and want us to check it out, don't assume we know about it. The new radio system provides spotty coverage. It's easier for law enforcement to encrypt messages and, in some cases, law enforcement has always tried to keep radio traffic to a minimum. If you see something, say something. I can be reached at howard@thebatavian.com or you can text me at (585) 260-6970.

Police on the scout for park vandals, other crimes in parks

By Howard B. Owens

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A picnic table like this one costs up to $500 each. Of course, writing a few letters on it, or drawing a Batman symbol on it, isn't going to mean it needs to be replaced, but taxpayers did purchase it.

Saturday, John F. Brown, 56, of Woodcrest Drive, Batavia, was allegedly caught marking on a picnic table like this one at Williams Park. He is charged with criminal tampering, 3rd. 

Not the crime of the century, a fact repeatedly noted by readers on The Batavian and on The Batavian's Facebook page.

However, City Manager Jason Molino has raised the issue to City Council several times over the past two years -- the city is facing a costly problem, vandalism in the city's parks. The vandalism is costing taxpayers thousands of dollars a year, Molino said.  

"When you say vandalism, it could be broke things, it could be from people defecating on the walls in the bathroom, which they do, or writing on the walls," Molino said. "We pay to clean that up."

Vandals destroyed a $10,000 slide in Austin Park last year. Another took a baseball bat to a water fountain. It's still out of service. Tennis nets and poles have been destroyed, basketball nets ripped down and bathroom fixtures broken.

The vandalism along with other potential criminal activity in the parks has police officers being a little extra vigilant, said Molino.

"Vandalism is one thing, but there are things that happen in parks after dusk, and no one is immune to it in any community," Molino said. "You've got sometimes drug use, vandalism, other things, and the patrols being out, checking on the parks is part of their regular patrols and it is important. Making sure people aren't doing bad things there, whether it's vandalism or something else."

Chief Shawn Heubusch said he's well aware of the heightened concern about vandalism in the parks, but that isn't the only reason officers take some time as part of their regular patrols to check on the parks.

"This is a concern of the city," Heubusch said. "We're dealing with people destroying property. Are there bigger crimes out there we could be pursuing, absolutely there are, but we have to acknowledge and we have to work on all crimes that take place in the city, not just the ones that get headlines, so to speak."

Brown's arrest was the result of an officer, Jason Davis, doing his job and checking on a park, Heubusch said. It just happened to be an allegation of vandalism this time.  

"When they're patrolling, that's an officer's job," Heubusch said.. "They're looking for people that are committing crimes. They're looking for people who are breaking the law. They're looking to make a difference, so the officer who observed him doing this was doing his job."

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Photo for illustration purposes only. We don't know who the suspect is for this vandalism.

Tightening job market confronts employers with new challenge

By Traci Turner

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Local employers are faced with a new obstacle: too many job openings and not enough workers to fill them.

Due to a strengthening labor market, the number of people hunting for jobs is dwindling.

Genesee County's unemployment rate has dropped to 4.5 percent in June according to Department of Labor statistics. The county hasn't experienced an unemployment rate this low since October 2007.

With the unemployment rate at its lowest figure in eight years, positions are becoming harder to fill. Many local employers have increased their hiring since the beginning of the year. More than 300 job openings in the Batavia area are currently posted on the New York State job bank Web site. Some positions have been up for a couple weeks while others have been posted for months. 

Help wanted signs have even made a comeback as a way for employers to find workers.

"Employers put the help wanted sign out with the hope to attract a person who may not be Internet savvy, or a friend that will pass the information on to a person they know who is looking for a job," said Scott Gage, director of the Genesee County Job Development Center. "As the available talent pool gets smaller and smaller, you are going to see more of those help wanted signs because it is a low technology way to get workers."

Employers typically hire to fill entry-level positions and young emerging workers are their main source for these types of jobs.

Melissa Landers, human resource generalist for Batavia Downs Gaming and Racetrack, has been hiring a large amount young people to fill food and beverage positions for the racing season. Landers said it's hard to find workers because Batavia Downs is open every day of the year and people don't like to work overnights and holidays.

For jobs that require prior training or experience, Gage has recently seen the pool of available workers shrink drastically.

"Employers are having a hard time finding workers because there is such competition among themselves, especially for skilled workers," Gage said.

According to Gage, one of the hardest positions to fill is maintenance mechanics in the food-production industry. With the increased number of food-production companies in the county, mechanics that have experience repairing food-processing equipment are in high demand. The competition among employers has even caused wage rates to rise for the position. 

One reason for the shortage lies in the historical shift from an emphasis on trade skill jobs to jobs that require a college degree. Consequently, there is a smaller pool of workers who have vocational training. 

Gage frequently gets job orders from employers that are looking for people with vocational skills and students who have graduated from Genesee Valley Educational Partnership are strong candidates for these jobs.

"Emerging workers with vocational training have a leg up in the workforce," Gage said. "They are getting wage rates similar to students who have completed two years of college."

While employers look for applicants with training and similar work experiences, it's also important to find an applicant with a strong work ethic and positive attitude.

Shelley Falitico, director of Genesee ARC, looks for applicants that are compassionate and open to learning different approaches for working with people who have disabilities.

Due to a new two-year contract the ARC has signed with area schools, she has recently been hiring bus drivers to transport children with disabilities.

The positions Falitico finds most challenging to fill are physical therapists and speech pathologists. Competition is high for these positions and many qualified applicants relocate to bigger cities to work, Falitico said.

Colleen Flynn, community relations director at United Memorial Medical Center, said the hopsital will search a little longer to find an applicant who understands the importance of customer service with patients and knows how to work well in a team environment.

"It's important that they have the skills necessary for the position, but it's really about the attitude and the right kind of personality to round out the team," Flynn said.

With the recent growth at UMMC, the hospital has been having a difficult time filling specialized positions such as clinical laboratory technologists. According to Flynn, college students are not majoring in that field as much and there is a significant amount of competition among employers. Other positions such as clinical analysts and registered nurse specialities are also hard to fill because qualified applicants often live in larger cities.

"In our region, it's much harder to recruit people to come to a rural county than if you live in a highly populated area like Buffalo or Rochester," Flynn said. "When you are the only hospital in the county, you have to work harder to attract workers because they typically are not already here."

One of the Career Center's goals is to make the county more attractive to families and students graduating from BOCES and Genesee Community College. The center is also working with the Genesee County Business Education Alliance to develop highly skilled jobs and promote occupations where there are shortages. 

In the future, Gage foresees the employer base and job market in county continuing to grow.

"Based on what I'm seeing and local committees who are continuing to develop the job market in Genesee County, I think we are well positioned to bring new opportunities to the area," Gage said. "The county is becoming really competitive with other areas in the state and even nationwide."

National Grid responds to complaints about tree trimming

By Howard B. Owens

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During public comments at City Council on Monday night, John Roach used words like "mangled" and "butchered" when talking about some of the tree trimming along power line routes in the city.

We asked Steve Brady, spokesman for National Grid, about the tree trimming, and here's his statement:

"We appreciate the concerns homeowners have when it is necessary for us to prune trees, and we work hard to maintain a balance between safety and reliability, and aesthetics. The work we are doing in Batavia, and specifically Oak Street, is no different than forestry work we do all across our service area. The primary purpose is safety, for the public and our crews. It is also a reliability issue, as trees pose the biggest threat to service, especially in bad weather.

"We prune trees to certain specifications depending on the configuration and voltage of the lines. In this case, our standards generally call for clearances of 6 to 10 feet horizontally in either direction, and 10 to 15 feet above and below, again depending on locale, voltage and so on. We work in communities on 5 to 7 year cycles, as we have found that – on average -- pruning on that cycle keeps up with tree growth fairly well.

"National Grid’s pruning practices were developed with the U.S. Forest Service and endorsed by the International Society of Arborculture, the National Arbor Day Foundation and other tree care professionals. Since 2000, the National Arbor Day Foundation has annually recognized National Grid as a “Tree Line USA” utility, one of a select group of utilities to earn this honor.

"National Grid offers a program called '10,000 Trees' that provides grants to municipalities encouraging them to plant low-growing varieties of trees that pose a lesser safety concern to our lines. The City of Batavia has participated in the program since 2007. We also make information available to customers regarding tree trimming, customer responsibilities and advice on what and where to plant. A link to it is here: https://www1.nationalgridus.com/ElectricSafety

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Sometimes the tree trimming produces quasi works of art, as with this nearly heart-shaped pair of trees on Pearl Street Road.

One possible solution for "mangled" trees, as well as a way to reduce storm-related power outages is the undergrounding of utilities.

Smoke reported in Apt. #111 of Corfu Meadows Apartments

By Billie Owens

Smoke is reported in an apartment at 53 W. Main St., the Corfu Meadow Apartments, #111. The city's Fast Team is called to respond along with Mercy medics and volunteer fire departments in Corfu, Indian Falls, Darien, East Pembroke and Pembroke.

UPDATE 4:50 p.m.: A responder from Corfu command on scene reports smoke showing. The building is being evacuated. The call has gone to a second alarm.

UPDATE 4:52 p.m.: The city's fourth platoon is called to headquarters.

UPDATE 4:54 p.m.: Corfu command cancels response from Darien, Pembroke and Indian Falls.

UPDATE 4:56 p.m.: Units not already at the scene can go back in service per Corfu command.

UPDATE 5:40 p.m.: Corfu assignment back in service.

Rope Rescue Team called to Indian Falls to help out man who jumped off north bank

By Billie Owens

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(Photo: Tyler Tomasik, right, with friends Chad Buziak, Alyssa Kranz and Katailyn Armstrong.)

A rope rescue is needed for a man who jumped off the north bank of Indian Falls behind the Log Cabin Restaurant. People there are unable to get him out. His unjuries are unknown. He is conscious and alert. The location is 1227 Gilmore Road, Corfu. Pembroke and Indian Falls fire departments, Mercy medics and the Rope Rescue Team are called to the scene.

UPDATE 4 p.m.: The male is a teenager who was rescued by his best friend and transported by Mercy medics to UMMC for evaluation at the request of his parents. He had no complaints of aches or pains.

UPDATE 4:18: The rescuer is 19-year-old Lancaster resident Tyler Tomasik. Here's what he told Howard at the scene: "We were just walking down by the water. He slipped in. Had to save him. We were right underneath the falls. Like there's a cliff where you drop off and we were underneath it, like watching the falls, and he slipped on this wet rock and just went under. I didn't know what to do. I tried grabbing a stick to pull him out. That didn't work so I just reached my arm in and grabbed him. I just kept reaching in."

Asked about whether they had jumped off the falls, he said they have heard about it but had not done so. But when his friend just slipped into the water it was "a little scary."

Once out of the water, his friend hugged him and told him he loved him and said "thanks." Tyler told him "That's what friends are for. You gotta stick up for each other."

Woman charged in fatal accident jailed on bail for violation of terms of release

By Howard B. Owens

A report by Genesee Justice that Hannah E. Dibble tested positive for alcohol has led to her release under supervision being revoked. The 22-year-old Pembroke resident is accused of driving drunk the night in February she was involved in an accident that claimed the life of a friend, 18-year-old Corfu resident Alyson D. Krzanak.

Judge Robert Noonan ordered Dibble held on $10,000 bail or $20,000 bond.

Attorney Ben Bonarigo argued that Dibble deserved a chance to remain out of jail, but under house arrest, until she could be placed in a treatment program on Friday. He conceded that Dibble, inexperienced with the criminal justice system, was in a difficult transition to its strictures. 

Noonan expressed concern that if Dibble couldn't obey a court order, in this case by drinking, then he lacked confidence she could be trusted to make future court appearances.

On July 24, Dibble pled not guilty to an 11-count Grand Jury indictment that included: one count of vehicular manslaughter in the second degree; two counts of vehicular assault in the first degree; three counts of assault in the second degree; three counts of vehicular assault in the second degree; and two counts of DWI.

James Scherer, 21, Brandon Danser, 22, and Felecia J. Fazzio, 20, all suffered serious physical injuries in the Feb. 21 collision wherein the 1997 Chevrolet Geo she was driving crossed Route 20 at Molasses Hill Road, Bethany, and was struck by a semi-truck.

(File photo of Hannah E. Dibble)

GCEDC board to consider O-AT-KA project at Thursday meeting

By Howard B. Owens

Press release:

The Board of Directors of the Genesee County Economic Development Center (GCEDC) will consider a project from O-AT-KA Milk Products at its Aug. 13 board meeting. 

O-AT-KA Milk Products plans to add 205,000 square feet of warehousing space to its manufacturing facility on the corner of Ellicott Street and Cedar Street in Batavia. The project is expected to create 21 new jobs and the capital investment is approximately $20.9 million.  

The GCEDC Board meeting is public and will take place at 1 p.m. on Thursday at the Innovation Zone Conference Room at MedTech Centre -- 99 MedTech Drive, Batavia, on the first floor, across from Genesee Community College.

Council receives final recommendation on Swan Street as future BPD HQ

By Howard B. Owens

The future home of the Batavia Police Department is now in the hands of nine City Council members after Marc Staley, chairman of the Police Facilities Task Force, delivered his committee's report at Monday night's meeting.

Council members congratulated Staley and his task force on their effort and a couple of members thanked him for delivering a clear report that focuses on a single recommendation.

"Thanks to the task force for giving us a recommendation for the best site," said Councilwoman Patti Pacino. "That will make our job easier."

The task force recommended a location on Swan Street, the site of the former Wiard Plow factory, which is currently owned by Tom Mancuso.

It will be up to the council to decide whether to make a purchase offer on the property, likely contingent on environmental clean-up studies and remediation, and whether to seek funding, through a bond and grants, to build a new facility at that location.

None of the council members expressed any opinion either way on whether they will support the proposal.

If they don't, it leaves Batavia PD housed in a former mansion that is more than 150 years old, ill-suited to modern police work, misconfigured for optimal officer safety and it needs substantial cosmetic, mechanical and structural repairs and upgrades.

Staley noted that as the task force's work came to a close, several people in the community complained that the task force didn't consider consolidating law enforcement work with the Sheriff's Office.

"I just want to make one minor editorial comment, if I could," Staley said at the end of his presentation. "You did not ask us 'Should we merge with the Sheriff?' You did not ask us about shared resources. You did not ask us to deal with numbers as far as a downside without this process. You simply said 'Something needs to be done about the police facility. Should we stay? Should we go?' -- so we went out into the community and did our own research and the Swan Street location made the most sense."

The task force worked for more than 55 hours over several months on the project. They considered at least eight possible locations for the facility, including two that were not on the original list drawn up by city staff.

Swan Street, which was still tied up at the time in a legal battle over code violations, wasn't on that list.

Committee members drove around Batavia looking at all of the alternatives, which is how Swan Street and a location at Alva and Bank, ultimately rejected, came under consideration. The committee then whittled the list down to three finalists -- the Salvation Army location on Jackson Street, Alva Place and Swan Street -- and made site visits.

Jackson Street was eliminated when more information came forth about the financial impact of the property being in a flood zone. Alva lost out to Swan largely over concerns about the impact on surrounding businesses and the potential security liability of the location as well as traffic concerns for ingress and egress.

All but one task force member supported Swan Street in the final decision. The site is seen as centrally located with easy access in an area brimming with development potential, but currently underused and not generating significant tax revenue for the city. The large lot also gives the city options for expansion, if needed, and could be a boon for future redevelopment at the Harvester Center.

The council will take up the discussion of the report at a future conference meeting.

Previous coverage: Police Facility.

State to provide aid to libraries in Pavilion and Byron-Bergen

By Howard B. Owens

Press release:

State Senator Michael H. Ranzenhofer announced today that Pavilion Public Library has been awarded $283,877, while Byron-Bergen Public Library has been awarded $65,355, in public library construction funds.

The funds are from $14 million in capital funds for public library construction provided in the 2014 State Budget. Pavilion Public Library’s grant is for a new 1,790-square-foot children’s addition to the library’s existing building. Byron-Bergen Public Library’s grant is for fixing drainage issues in the parking lot, replacing an emergency exit door, and installing energy-efficient windows.  

“Whether for Internet access or to promote reading among children, our local public libraries provide invaluable resources to so many residents in our community,” Ranzenhofer said. “These two grants for Pavilion and Byron-Bergen public libraries will ensure that many of their important services are secured for future generations.”

New York’s public libraries are in urgent need of renovation and upgrading. A recent survey showed a documented need for public library construction and renovation projects totaling more than $2.2 billion. More than 48 percent of the more than 1,000 public library buildings in communities across New York are over 60 years old. Another 30 percent are more than three decades old.  

Many of New York’s local public libraries are: unable to accommodate users with disabilities; are energy inefficient; cannot provide Internet, computer and other electronic technologies to users because of outdated and inadequate electrical wiring; and do not have sufficient space to house the library’s expanding collection; cannot address the need for adequate meeting room, or provide for public access computers.

Project activities and expenditures eligible for grants from the $14 million State Aid for Library Construction Program include: financing construction of new library buildings; construction of additions to existing buildings; and the renovation and/or rehabilitation of existing space. The latter includes: roof replacement; purchase and installation of alternative energy resources and new HVAC systems, windows, doors and lighting systems; electrical upgrades; and construction of new or replacement of old walkways and parking lots, among other things. Renovations designed to provide accessibility for patrons with disabilities are a high priority.

Lightning reportedly hits house on York Road, Le Roy

By Howard B. Owens

A lightning strike to a residence is reported at 9290 York Road, Le Roy.

There is a report of smoke in the residence.

Le Roy fire and a tanker from Pavilion along with Le Roy Ambulance are dispatched.

UPDATE 10:03 p.m.: National Grid requested to the scene.

UPDATE 10:14 p.m.: A mutual aid company on standby at its hall has been put back in service.

UPDATE 10:17 p.m.: Fire police can open up the road. Le Roy units going back in service, except for the chief in charge at the scene, who will remain, awaiting National Grid.

Severe thunderstorm warning issued for Southwest Genesee County

By Howard B. Owens

A severe thunderstorm warning has been issued for the southwest part of Genesee County until 6 p.m.

The storm is capable of producing quarter-sized hail and winds in excess of 60 mph.

The storm is moving northeast at about 30 mph.

Rainy weather has also forced the Batavia Muckdogs to postpone tonight's came at Dwyer Stadium. The game will be made up as part of a doubleheader Tuesday.

UPDATE: A flash-flood warning has been issued for eastern Genesee County, including Batavia. Already as much as of two inches of rain has fallen, according to the National Weather Service. Heavy rain is expected to continue. The warning is in effect until 9 p.m.

Street closures announced for Saturday's Summer in the City festival

By Billie Owens

Press release:

As you know Summer in the City is this Saturday and we are excited to have thousands of people coming Downtown! This is the schedule for street closures.

If you have any questions or concerns, please do not hesitate to contact Laurie at the BID office at (585) 344-0900 or e-mail LOltramari@DowntownBataviaNY.com. We hope to see you and your families there!

Close streets (barricades) at 7:30 a.m.: Bank, Main, Center, School, Jackson, Court & Jefferson:
Bank at Alva Place
Bank at Washington
Main at Upton Monument

Main at Liberty / Summit

Jackson at Ellicott
Center at School
Court at Ellicott

Parking Lot Entrances /Bank Drive-Thru -- Jefferson Avenue at intersection of Tonawanda Valley Federal Credit Union & Wendy’s Parking Lots
Wendy’s -- Main Street Entrance
 
5K Race / Walk -- Barricades setup at:
                                                Alva Parking Lot
                                                Bank & Washington Avenue

Main Stage: Will be located in front of Wendy’s / County Building #1 on Main Street facing east. Entertainment: begins at 2 p.m. and ends at 9 p.m.       
Featured: Old Hippies (1-2 p.m.), TBA (4-6 p.m.), and Terry Buchwald (Elvis) (7-9 p.m.).

Vendors: Crafters and nonprofits & KidsZone will be located on Main, Court & Jefferson. Food vendors will be on the north side of Main Street from in front of Larry’s Steakhouse west to corner of Main & Jefferson. Commercial vendors will be on the south side of Main Street from corner of Court to Center Street.

Super Cruise: Vehicles will be on the north side of Main Street from Jackson Street east to Liberty / Summit and the south side from Center to Liberty Street. They will also be on Jackson, School and Center streets and a segment of Bank Street.

Donny Carroll 5K Race: Start/ Finish line will be at the entrance of Bank of America Drive-Thru. The race starts at 9 a.m. and ends / finishes by 10:30 a.m.

Chalk the Walk: In front of City Hall, registration is at 9 a.m. Event is from 9 a.m.-6 p.m.

Reopen streets at 11 p.m.

Gala fundraiser for Justice for Children Advocacy Center is Sept. 19 at GCC

By Billie Owens

Press release:

Kiwanis Club of Batavia is getting ready for its fifth annual gala fundraiser, Bidding on a Brighter Future, at 5:30 p.m., Sept. 19, at Genesee Community College.

This event, which is Kiwanis Club’s long-term project, has brought in more than $150,000 over the last four years. The funds will be used to secure a permanent location for the Justice for Children Advocacy Center (JFCAC). The gala features live entertainment, specialty raffles, basket and silent auctions, live auction, and a great menu.

The JFCAC serves approximately 200 child-victims of sexual or physical abuse each year. Services are provided free of charge and include forensic interviewing, medical examinations, counseling, and victim advocacy for children and non-offending caregivers from Genesee, Livingston, Orleans, and Wyoming counties.

The Gala Committee encourages support from local businesses, organizations, and individuals who are invited to become a sponsor, donate an auction item, or purchase a program ad. Tickets are $50 per person or $400 for a table of 10. There are various sponsorship levels available.

For more information, please visit www.glowgala.org or Kiwanis Club of Batavia’s Facebook page. You can also e-mail us at glowgala1@gmail.com

Tickets available for East Pembroke Volunteer Fire Department's Gun Raffle

By Billie Owens

The East Pembroke Fire Department will host a Gun Raffle to raise money for the volunteer company from 6 to 10 p.m. on Saturday, Oct. 10. Doors open at 5 o'clock. Only 750 raffle tickets will be sold; donation per ticket is $20.

One ticket admission, and that ticket will be reentered for the #10 Drawing (Winchester Model 70-270).

Food and refreshments are included in the price of the ticket.

Guns purchased from Hunter's Landing. All guns will be picked up at the store location. You must pass a background check.

Sponsored by Fixy's Rebel Liners, The Detail Shop, and Ron & Newt's Sales & Service.

The Main ticket includes:

  • Ruger
  • Savage Axis 2 22-250
  • Pse Fang
  • ATI Cavalery 410 over-under
  • Ruger Take Down 22
  • Henry 22 mag pump
  • ATI Cavalery 20 over-under
  • Browning Abolt 7 mag
  • Winchester Model 70-270

Random order side raffles include:

  • Set of Game Cameras
  • Cooler of Meat
  • Lottery Tickets (Worth $200)
  • Keystone Youth 22
  • Ruger 10/22
  • 50/50
  • Barrel of Booze

For tickets call:

  • Kenny Marble at (585) 356-1282
  • Donald Newton (585) 813-4033
  • James Gayton (585) 409-8802

Owner of scalded dog surrenders ownership during court appearance

By Howard B. Owens
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Brandon Maldonado Melissa Broadbent

Melissa Broadbent, a defendant in an animal cruelty case, appeared in City Court this afternoon and surrendered ownership of her dog, a pit bull named Rocky.

Rocky was scaled with hot water sometime around July 20. Broadbent's boyfriend is accused of abusing the dog and Broadbent is accused of facilitating the crime and trying to cover it up.

We reported earlier today that Rocky is at the Animal Shelter and doing much better.

An animal control officer was in court today when Broadbent signed a document turning the dog over to the Sheriff's Office. The change in ownership will allow Animal Shelter volunteers to seek a new home for Rocky.

With Broadbent's agreement, Rocky is spared potential months in confinement at the shelter while her case winds through the legal process.

Broadbent, 36, is charged with: "overdriving, torturing and injuring" an animal; endangering the welfare of a child; first-degree coercion; offering a false written statement; intimidating a witness or victim in the third degree; and owning/harboring an unlicensed dog.

With no prior felony or misdemeanor convictions, Broadbent was released from custody and placed under supervision by Genesee Justice by Judge Robert Balbick.

Broadbent's boyfriend, 26-year-old Brandon M. Maldonado, of 52 Walnut St., is charged with aggravated cruelty to an animal and offering a false written statement. He also appeared in court today.

Maldonado is currently on parole, but his public defender, Jamie Walsh, said he isn't aware of a violation being filed in connection with his arrest and said it's his understanding that Maldonado has been doing well on parole. He asked Balbick to set bail at $5,000 or $10,000 bond.

Robert Zickl, ADA, noted Maldonado does have that felony conviction, plus five misdemeanor convictions and five previous failure to appear charges.

Balbick went along with Zickl's recommendation of bail in the amount of $10,000 cash or $20,000 bond.

A pre-trial hearing, also known as a felony hearing, has been set in Maldonado's case for 11:15 a.m., Thursday.

Broadbent, who waived a felony hearing, isn't due back in court until next month. Balbick did sign a stay away order of protection for her and her children and told her to take up any visitation rights with Family Court.

Zickl noted that the Department of Social Services will be investigating the case.

Dog burned by hot water in good spirits at Animal Shelter

By Howard B. Owens

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Brandon Maldonado Melissa Broadbent

Rocky, the 2- to 3-year-old pit bull found at a local residence reportedly suffering from second- and third-degree burns from scalding water poured on his back, is doing much better, according to Batavia PD officials.

The boyfriend of the dog's apparent owner and the owner were charged Friday with several crimes related to the incident, including animal cruelty and lying to police about the incident.

The dog was burned around July 20 but the incident wasn't reported to police until Aug. 3.

Batavia Police Officer Peter Flanagan and Animal Control Officer James Sheflin investigated the complaint.

As a result of the investigation, Brandon M. Maldonado, 26, of 52 Walnut St., was charged with aggravated cruelty to an animal and offering a false written statement.

His girlfriend, 36-year-old Melissa A. Broadbent, and believed to be the dog's owner, allegedly tried to help Maldonado cover up the crime, including coercing her children into lying about the incident, and was charged with: "overdriving, torturing and injuring" an animal; endangering the welfare of a child; first-degree coercion; offering a false written statement; intimidating a witness or victim in the third degree; and owning/harboring an unlicensed dog.

The couple are scheduled to appear in City Court on the charges this afternoon.

Sgt. Dan Coffey said a State Street Animal Hospital vet conveyed to police that the dog was likely in a great deal of pain between the time he was burned and brought in for treatment nearly two weeks later.

It's expected that the second and third-degree burns will leave permanent scars, and some patches of skin will never regrow any fur. 

Despite what he's been through, Rocky was in great spirits during a visit at the Animal Shelter today. He was eager to meet a visitor and go outside. He readily obeyed commands to sit and stay.  

The dog's wounds show marked improvement from what was visible in the photo released by police Friday.

Officials believe Broadbent has owned Rocky since he was a puppy.

Coffey said police are trying to work through the District Attorney's Office to find a way to speed along the process that would result in a new owner for Rocky. As in previous dog cruelty cases, the owner must relinquish ownership or be convicted of a crime before the dog can go into foster care or to a new permanent home.

Police investigate report of missing person for possible connection to body found in creek

By Howard B. Owens

Batavia PD is investigating a missing person report to see if it's connected to the body of a deceased African-American male found Friday afternoon in the Tonawanda Creek behind Kibbe Park, said spokesman Det. Eric Hill.

"We do not know if this missing person is associated with the body found in the Tonawanda Creek or not," Hill said.

Over the weekend, police said there was no missing person report that could be connected at that time with the deceased person.

The name of the missing person is not being released at this time, pending further family notifications, Hill said.

The body of the dead man is at the Monroe County Medical Examiner's Office undergoing forensic and DNA testing. The person has not been identified and police have asked the public's help in potentially identifying the person. The cause of death remains undetermined.

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