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Law and Order: Le Roy man accused of offering cigarettes for sex with a teen

By Howard B. Owens

Thomas J. Hutton, 28, 9624 Clipnock Road, Stafford, is charged with forcible touching and endangering the welfare of a child. Hutton is accused of forcibly touching/grabbing the intimate parts of a person under age 17 in October. In a separate incident, Hutton is accused of offering cigarettes to a child under 17 in exchange for a sexual act. Following arraignment, Hutton was placed under the supervision of Genesee Justice.

Carrie Quashaye Blunt, 19, of Batavia Stafford Townline Road, Batavia, is charged with petit larceny and unlawful possession of marijuana. Blunt is accused of shoplifting from Walmart. Blunt was taken into custody following an alleged verbal confrontation with a store employee. During the investigation, Blunt was allegedly found to have marijuana concealed in her purse.

Professionals who work with substance abusers share concerns about 'incense'

By Howard B. Owens

Substance abuse professionals and those who deal with drug addicts in law enforcement have a new wrinkle to contend with -- so-called incense products such as synthetic marijuana and bath salts.

At GCASA, Genesee Justice and county probation (Hope Haven's director refused an interview request for this story), professionals say the fairly new substances make their jobs harder.

Products such as K2 and Spice, on the fake marijuana side, and "bath salts" with names such as Ivory Wave, Bliss and White Lightning, which are designed to mimic cocaine or methamphetamine, are readily available online and at a few retail outlets in Genesee County.

The ease with which an addict can obtain a product is one complication, but an added difficulty is that the chemistry of drug screening hasn't yet caught up with the new substances.

Typically, a drug screen contains seven to nine test panels and people in treatment can be covered by insurance.

Screens for incense products cost from $35 to $115 per test and are not covered by insurance.

"What you run into is that drug companies and agencies doing the drug testing haven't caught up with a substance that's fairly new," said John Walker, director of clinical services for GCASA. "When there is something new, it takes a while for the labs to catch up."

Walker thinks that eventually, even these newer designer drugs will be included in a normal toxicology scan.

That doesn't mean substance abuse professionals are completely clueless about who might be using these substances.

There are still signs to look for, from the glassy eyes to paranoia and aggitation.

When a counselor suspects a patient is using incense, the councilor can request a screen for the substances, and that does happen, Walker said.

For probation officers, there is an additional clue, said Director Julie Smith. Sometimes a probation officer will just walk into the residence of a person on probation and see a package of K2 sitting on a table.

That could lead probation to refer the person to a substance abuse program, or get the terms of the probation amended to specifically prohibit the use of incense products.

"We're definately coming across it, especially during searches," Smith said.

The substances can also present a danger to probation officers, Smith said, especially bath salts, which are known to make users more agitated and difficult to control. Officers don't always know what they're walking into when they check in on a client.

However, if a person is on probation with no prior history of drug use, then there isn't much the probation officer can do about that person smoking, say, K2.

The substance is legal and the terms of probation must fit the crime.

Amee Weierheiser, a case worker for Genesee Justice, said the rise of substances such as K2 is troublesome, but so far, only three defendants in a Genesee Justice program have admitted to K2 use. She said they were high school and college students who admitted to using the product.

If a client doesn't admit to use, then case workers must fall back on observation to determine if a person is using an incense product.

"It’s a huge concern," Weierheiser said. "These kids think it’s a legal way to get high, but it causes all kinds of problems."

Weierheiser said she would like to see the county institute a training program for professionals who deal with defendants and abusers to help them better detect and identify incense product users.

Smith shared Weierheiser's concern that people who consume incense products just aren't really aware of what they're getting into.

"It’s synthetic and it’s dangerous," Smith said. "It says right on the package 'not for human consumption.' People young and old need to realize what this is doing to them. It can certainly cause harm to them."

Walker said that while people tend to want to try out new things, the rise of synthetic marijuana and bath salts is a concern.

"People don’t really know what they’re doing, whch makes it kind of scary, but the popularity is increasing," Walker said.

Previously:

Plea entered in alleged murder-for-hire case

By Howard B. Owens

The hit man was named "Shootout" and the target was an alleged criminal associate of two brothers sitting in the Genesee CountyJail. But the simple plan turned out not to be as simple as the brothers reportedly hoped.

"Shootout" couldn't make it to New York, and when the brothers allegedly found another hired gun, it turned out they were allegedly handing their money over to an informant for the Sheriff's Office.

The details of a murder-for-hire case came out in county court today when Justin Barker, 22, one of the brothers allegedly involved in the gruesome plot, entered a guilty plea to the conspiracy charge.

The charges against Derrick Barker, right, are still pending.

Justin entered an "Alford Plea," which means he acknowledges a jury would likely find him guilty of the crime based on evidence presented by the prosecution, but does not admit actual guilt.

The plea requires the prosecution -- in this case, Assistant District Attorney Will Zickl -- to recite the evidence against the defendant.

Zickl said that, in part, the prosecution has copies of notes passed back and forth between Justin and Derrick, an audio recording of Justin and Derrick discussing their alleged plans with a person who turned out to be an informant, and information on the money obtained by the brothers. The prosecution also says it has photographic evidence of the money being turned over to the supposed second hit man, who turned out to be working for the Sheriff's Office.

The original plan, according to Zickl, was for a hit man named "Shootout" to travel from Georgia to New York and kill Benjamin Santiago Jr., who was arrested with the Barker brothers June 2.

The brothers allegedly believed that Santiago had provided information to the police about their suspected criminal activity.

When the brothers allegedly could not secure the services of "Shootout," Derrick allegedly asked another Genesee County Jail inmate -- who was already working with authorities -- if he knew anybody who could do the deed. The informant said he did, but that it would cost the Barker Boys $600 to get the job done.

"The Sheriff's Office observed the $600 being handed over to the cooperative associate and the money was then turned over to the Sheriff's Office and held for evidence," Zickl said.

While Justin did not admit factual guilt to the conspiracy charge, he did plead guilty to a count of  burglary, 3rd.

Justin admitted breaking into the Beaver Brothers Restaurant at Darien Lake Theme Park in September 2009.

Justin Barker, who is facing a two- to six-year prison term, is being held in the jail pending sentencing without bail.

Former Batavia resident with multiple criminal charges strikes plea deal

By Howard B. Owens

A 29-year-old Genesee County resident with multiple arrests over the past couple of years could get up to five years in prison as part of a plea deal.

In county court on Thursday, Robert J. Eppolito, most recently of Church Street in Le Roy, entered a guilty plea to criminal contempt, 1st, with a negotiated prison term of one to three years.

Eppolito is also charged with assault, 2nd, for allegedly punching and kicking a person during a confrontation in September in Le Roy.

Public Defender Gary Horton, representing Eppolito on the assault charge, said a plea agreement is in place, including a plea on the criminal contempt charge, that could lock Eppolito up for a maximum of five years.

The two sentences -- for criminal contempt and for the alleged assault -- would be served concurrently.

Eppolito is expected in court next week to answer to the second-degree assault charge.

The cases are separated because they are unrelated.

In court Thursday, Eppolito admitted that he violated a court order by being with a protected person and by drinking alcohol.

Sentencing will take place at 9 a.m., April 23.

Eppolito is being held in the Genesee County Jail.

County treasurer elected president of New York association

By Howard B. Owens

Press release:

At the fall meeting of the New York State County Treasurers and Finance Officers Association, held in Syracuse, Genesee County Treasurer Scott D. German was elected as the association’s president.

German was unanimously chosen by his peers statewide. Members of the association are elected county treasurers or comptrollers and appointed county commissioners of finance and their deputies from throughout New York State.

German has been a member of the association since he became deputy treasurer of Genesee County in 1994. He has been treasurer of Genesee County since 2004 after the retirement of John F. Flint. German succeeds Terri L. Ross, Allegany County Treasurer, as president of the association.

Extra sales tax money won't necessarily go back into programs that were cut

By Howard B. Owens

Genesee County will likely close the financial books on 2011 with an unexpected revenue surplus and County Treasurer Scott German is recommending the legislature roll the money over into its reserves.

The extra money will likely come from a windfall of $997,000 in sales tax revenue that came in above budgeted expectations.

At Wednesday's Ways and Means Committee meeting, Legislator Ray Cianfrini asked if the 2012 budget could be amended so some of this unexpected revenue could be directed at programs cut in 2012, such as Meals on Wheels, which is being forced to reduce delivery days.

In an interview Thursday, German said the legislature could do that, but his recommendation is that the money be held in reserve.

Reserves, he said, should be used for emergency expenditures, such as a bridge falling down, and not to fund programs legislators already decided already to cut.

"Under the tax cap, the legislators still had room to raise taxes if they wanted to fund those programs," German said. "The fact the sales tax came in better than anticipated, that's not a good justification to fund a program."

The treasurer said he anticipates the county will close its books on 2011 -- which happens in March -- with $13.2 million in revenue, up from the anticipated $12.2 million.

Total sales tax for the county -- which is shared among the county and various municipal agencies -- was $35.2 million, beating the 2008 record of $34.3 million.

Higher gas prices and the three-week close-out sale at Lowe's were probably the main contributing factors to the strong sales tax numbers, German said.

Is the local economy improving?

"I would hope that would be the case, but that would be speculation," German said. "I would hope business is getting better."

Three-car accident with injuries on Lewiston Road, Alabama

By Billie Owens

A three-car accident with injuries is reported in the area of 1633 Lewiston Road, near Church Street. Alabama Fire Department and Mercy medics are responding.

UPDATE 5:13 p.m: A county highway truck on scene says there are no injuries. But dispatch reports that a caller involved in the accident says she's hurt. Medics are continuing to the scene. A county employee advises responders to use caution: "As you get out on Lewiston Road, it gets nasty and you can't see." Now a person asks if the DOT has been informed that "the roads are nothing but a sheet of ice." Dispatch replies that the DOT is aware of the situation and has in fact been calling about it.

UPDATE 5:21 p.m.: Traffic is backing up near the scene. Alabama Fire Police are instructed to shut down Knowlesville Road.

UPDATE 5:24 p.m.: Traffic police are told to shut down eastbound traffic at Lewiston and Alleghany roads. Response times are going to be delayed because of severe white-out conditions.

UPDATE 5:48 p.m.: Two flatbed tow trucks are called to the scene. The roads are going to be reopened now.

One-car rollover, no injuries, in Alexander

By Billie Owens

A one-vehicle rollover accident, with no injuries, is reported at 10216 Alexander Road. Alexander Fire Department is responding. The location is in the area of Bloomer's Dairy Farm.

UPDATE 5:02 p.m.: The vehicle is leaking fluids. A responder says "The roads are slipperier that they look."

UPDATE 5:05 p.m.: A responder on scene reports that there's another accident on the same road (Route 98) about 50 feet away. It involves two cars and there are parts laying in the road. A State Trooper is en route.

UPDATE 5:07 p.m.: The vehicle leaking fluid is spewing gasoline. "It's springing right out." The second accident scene up the road also has no injuries. Law enforcement units are headed to both.

UPDATE 5:19 p.m.: The second accident involving two vehicles has cleared without any assistance. Both driver left the scene before, or soon after, help arrived.

Winter weather advisory issued for the region

By Howard B. Owens

Up to four inches of snow is expected to hit the area over the next several hours, according to the National Weather Service.

Winds may reach 40 mph and blowing snow could reduce visibility to a quarter of a mile, making travel more difficult.

A winter weather advisory is effect until 7 p.m.

Today's Deals: Alex's Place, Ficarella's, Salsa & Curry, and more!

By Lisa Ace

Alex's Place, 8322 Park Road, Batavia, NY: People come from all over the region for a fine dining experience at Alex's. It's best known for its ribs, of course, but Alex's seafood is also a favorite of the restaurant's diners. We have a $25 gift certificate for $12.50.

Batavia Downs Grandstands Bar & Grille, 8315 Park Road, Batavia, NY: A full menu, salad bar and drinks in one of the region's most popular entertainment venues. We have a $25 gift certificate for $12.50. (Must be new or current Players Club member to redeem.)

Bohn's Restaurant, 5256 Clinton St., Batavia, NY: Fine dining in an atmosphere of casual elegance. Lunch and dinner, steak, prime rib and seafood. Ask about Bohn's catering services and banquet facility. We have a $25 gift certificate for $12.50.

Clor's Meat Market, 4169 W. Main St. Road, Batavia, NY: For the best, most flavorful, juiciest chicken or hamburger in town, hands-down, stop by Clor's. Oh, and the steaks are great, too. And the sausage. Clor's also serves lunch and dinners from 10 a.m. to 8 p.m. We have a $10 gift certificate for $5.

Ficarella's Pizzeria, 21 Liberty St., Batavia, NY: Dine-in, drive-thru or delivery. Featuring fresh, hearth-baked pizza since 1985, plus wings, pasta and more. We have a $20 gift certificate for $10. (Good only at the Batavia location.)

Rancho Viejo, 12 Ellicott St., Batavia, NY: Traditional Mexican cuisine, from tacos and burritos to pollo norteno, Rancho Viejo brings a bit of "South of the Border" to Batavia's restaurant scene. We have a $20 gift card for $10.

Salsa & Curry, 13 Jackson St., Batavia, NY: An authentic Mexican restaurant, offering all of your favorite dishes from enchiladas and burritos to tacos and fajitas, as well as daily Indian food specials. We have a $20 gift card for $10.

Settler's, 353 W. Main St., Batavia, NY: Settler's has a 25-year history of serving great, affordable breakfasts, lunches and dinners to Batavians. We have a $20 gift certificate for $10.

Spirits, 78 Lake St., Le Roy, NY. Le Roy's favorite sports bar, where fun and good food are always on tap. Come try one of our many delicious burgers that we have to offer, as well as our HUGE Bomber Sandwich, homemade chicken fingers made to order, and the all-time favorite Dumpster Plate with many choices. We deliver. We have a $20 gift certificate for $10.

Viking Valhalla Restaurant & Rose Garden Bowl21 Buffalo Road, Bergen, NY: Open for lunch Monday through Sunday, and dinner Friday and Saturday evenings. Dinner favorites are our succulent prime rib and Friday fish fries! We are always happy to help plan your special occasion -- wedding, shower, rehearsal dinner, stag party, graduation, company function, banquet, family or class reunion. We have a $20 gift certificate for $10.

SOLD OUT

Note: if you've never purchased Deal of the Day before, or are otherwise unfamiliar with the rules and process, click here.

Legislator Cianfrini questions payout of GCEDC bonuses

By Howard B. Owens

The Genesee County Economic Development Center can generate a lot of money for itself, Legislator Ray Cianfrini said Wednesday, so he would like the county legislative body to start looking at how much this Industrial Development Agency gets from the county budget.

"I just think we should look very close at their budget and revenue," Cianfrini said. "I’m sensitive to the fact that we had to cut a lot of things out of the budget for nonprofits that do not generate revenues and they’re hurt by the fact that we cut them."

His comments followed a Ways and Means Committee meeting in which a resolution was approved authorizing the county to accept, on GCEDC's behalf, a $750,000 state grant to help bring a mushroom farm to the Genesee Valley Agri-Business Park.

While Cianfrini was less direct about his concerns during the meeting, afterward, he said, yes, he does question bonuses being paid to GCEDC's executives while the county is providing $234,000 in supplemental funding to the agency.

"I personally received a lot of phone calls from constituents," Cianfrini said. "This riles them and they’re angry over the bonuses. I think that maybe that I, as a legislator, and we as legislative board, should be looking at GCEDC a little more closely and say, 'if you have the money to pay the bonuses, should we be funding you at the current level?' "

The bonus issue has been controversial for a year now, sparked by a state audit report that questioned the method of bonus disbursement, and it reignited a month ago when $120,000 in new bonuses were announced.

At the same time, the county has been forced to cut some programs, such as Meals on Wheels.

Cianfrini used the mushroom farm grant as an example of how GCEDC and its nonprofit Genesee Gateway Local Development Corp. generate significant profits.

With the $750,000, GCEDC will be able to sell the land for the mushroom farm and make a profit, make a loan and get the principle repaid plus interest, and collect a $16,000 fee for the operations expense of putting the deal together.

"This is a great moneymaker for the LDC," Cianfrini said. "And what do they put into it? Nothing. What are they going to get out of it? A lot.

"I just wanted people to understand how this works," Cianfrini added. "The state puts up the money. We dispurse it. They get to loan it out. They get income, they get revenue, they get operating expenses."

Cianfrini said the GCEDC executives are well compensated for what they do, but he's opposed to bonuses.

"If they continue to pay bonuses, then I’ll look at their funding and see if it's legtimate," Cianfrini said.

Drug dealer's truck won't be sold by Sheriff's Office just yet

By Howard B. Owens

The Sheriff's Office plan to convert a jailed drug dealer's car into cash hit a road block Wednesday in the Ways and Means Committee.

A resolution authorizing the Sheriff to auction off the 2005 Chevy truck passed the Public Service Committee on Tuesday, but Wednesday, Legislator Ray Cianfrini had new information on the state law governing the disposal of seized assets.

Cianfrini said he wasn't concerned about the Sheriff's Office getting the money, just that proper procedures be in place and that the law is followed.

"I think there needs to be something more speicific and there needs to be more clarification," Cianfrini said. "I don’t have any trouble with the vehicle going to the Sheriff’s Office for law enforcement purposes, but what about the dispersal (of the proceeds)?"

County Attorney Charles Zambito provided Cianfrini with a copy of the state law, which outlines procedures and proper dispersal of any revenue generated by the sale of seized assets. The law is complex with multiple variables, and while the Sheriff's Office could wind up with some or all of the revenue generated by the sale of the truck, so could the District Attorney's Office, or the state, or the county.

The vehicle was signed over by Matthew Zon, who entered a guilty plea to criminal possession of a controlled substance, 2nd, and was sentenced to prison for possessing and distributing methamphetamine.

Undersheriff William Sheron said that since the vehicle wasn't seized, but signed over to the Sheriff's Office by the defendant as part of a plea deal, the procedures outlined in the law didn't necessarily apply.

"You’re looking at a state forfeiture process that if (a defendant) were reluctant in turning over a vehicle to us, then we would go through this process to seize the vehicle," Sheron said. "It’s now a common practice, as part of a plea bargain, where (the defendant) signs over title of the vehicle to relieve us from going through this process."

Zambito pointed out that even in the plea agreement, the vehicle is signed over "pursuant" to state law, which means, he believes, the process for disposal of the asset is governed by the law.

"We still have to follow the rules about what you do with the property once you get it," Zambito said.

The resolution on disposition of the vehicle was tabled until the matter can be further researched and clarified.

Overheard on the Scanner: Couple caught in a car

By Howard B. Owens

A deputy pulled behind a car parked off to the side of the road (we didn't catch the location) and called in, "I'm going to be out with a vehicle, occupied times 2."

He called in the license plate number.

He said, "I'm going to give them a minute to put their clothes back on."

Dispatcher: "Copy. I hope the heater's on."

'Choo Choo Chuck' pushes for high-speed rail during visit to Bergen

By Howard B. Owens

Calling high-speed rail "21st Century technology," Sen. Charles Schumer stopped in Bergen on Tuesday to try and prod CSX to make way for a new passenger rail line that would connect Bergen and Chili.

The $58 million demonstration track, Schumer hopes, would lead to perhaps more than $1.5 billion in funding to build a high-speed rail line from Buffalo to New York City.

CSX, Schumer said, is standing in the way of progress by not providing access to the right of way of its current lines.

Meanwhile, the federal government -- it won't cost New York taxpayers anything, Schumer said -- has buckets of money to spend on high-speed rail, and if New York doesn't grab the money, some other state will.

CSX is hampering New York's rightful claim to the money, according to the senator.

"High-speed rail has been shown to work in other countries," Schumer said. "It will work in Upstate New York. It will create jobs and bring companies to Upstate New York."

Upstate, Schumer said, is a lot like Europe.

"We’re a little more closer to Europe where it has worked," Schumer said. "The distance between the French and German cities and the distance between our cities, and the difference in population of the French and German cities and our cities are very similar."

He spoke several times about the benefits to Rochester and Buffalo of high-speed rail, but while standing in Genesee County, he made no mention of how high speed might benefit the local economy.

In an era when business executives can, as a practical matter, get from Buffalo to Manhatten in nano seconds, Schumer said high-speed rail is a business necessity.

"High-speed rail is 21st Century technology," Schumer said. "Just figure out if you have to get from Midtown New York to Midtown Buffalo or Midtown Rochester, you can go 200 mph in a train – it takes an hour to get from downtown New York City to the airport, then you’ve got to wait for the plane. Yes, the actual plane flight is faster, but when you look at it, rail is faster and easier."

Bergen Mayor Ralph Marsocci expressed concern about a 200 mph training passing through his village and Schumer said that is certainly one of the issues that would need to be addressed.

After a round of skeptical questions by reporters and even one or two of the local business leaders in attendance, Schumer said, “We can hear people say ‘No, no, no' and the same people said ‘No, no, no’ to the Erie Canal. Transportion has always been a linchpin of our economy in Upstate New York. Building good strong transportation makes a great deal of sense."

Below, a photo of a sign hung on a building near where Schumer spoke Tuesday. It reads "Choo Choo Chuck / The Track to Nowere (sic)."  

Bottom two pictures, gratuitous photos of trains that passed while the media was waiting for "Choo Choo Chuck" to arrive.

As one of the trains approached during Schumer's remarks, Schumer recalled, as he leaned out from the podium to watch the approaching train, that when he was a child his family couldn't afford nice vacations, so they went to this cabin that was right next to a rail. His parents hated it, he said, "but when I was 5 I used to love to stand there and watch the trains go by."

Law and Order: Driver accused of being under the influence of drugs

By Howard B. Owens

Scott Michael Combs, 39, of Brockport Holley Road, Holley, is charged wth DWAI-Drugs, moving from lane unsafely and driving across hazardous markings. At 4:11 p.m., Monday, the Sheriff's Office received a report of a black sedan operating erratically in the Village of Oakfield. Deputy Chad Minuto located the vehicle and initiated a traffic stop. Combs was allegedly found to be driving while under the influence of drugs.

David Wayne King, 54, of Batavia Oakfield Townline Road, Batavia, is charged with petit larceny. King is accused of shoplifting from Walmart.

A 16-year-old of Central Avenue, Batavia, was arrested on a failure to appear warrant out of Town of Batavia Court. She was allegedly supposed to appear on a petit larceny charge.

Woman accused of stealing employee's purse at UMMC in September

By Howard B. Owens

An arrest has been made in the case from September of an employee's purse being stolen at UMMC and the credit cards being used at Batavia stores.

Kiara K. Asante, 21, of 478 Tremont St., Rochester, is charged with forgery, 2nd, criminal possession of stolen property, 4th, criminal possession of stolen property, 5th, and attempted petit larceny.

Asante is currently an inmate in Monroe County Jail and was transported to Batavia City Court yesterday where she was arraigned and returned to Monroe County, where she faces similar charges.

Police believe Asante and two male associates were traveling the state, entering hospitals and colleges and stealing wallets and purses and then using the credit cards. 

Asante and her associations allegedly entered UMMC on Sept. 11, took a purse and then used, and attempted to use, the credit cards at Batavia businesses.

Burglary and larceny suspect faces new property crime charge

By Howard B. Owens

A 41-year-old man suspected of other property crimes is facing a new burglary charge following an investigation by the Batavia PD into a break-in Dec. 10 at a residence on Thorpe Street.

Charged with burglary, 2nd, is Eric P. Doleman, no permanent address.

Doleman is accused of making forced entry while the residence was unoccupied and stealing a number of wrapped Christmas presents.

For a time about a year ago, Doleman reportedly lived in an apartment on Thorpe Street.

Doleman, currently being held without bail, is also accused of joining with a partner, Frederick H. Robidoux Jr., 49, no permanent address, and breaking into a residence at 10 Maple St., Batavia, Dec. 29.

He is also a suspect in a car break-in at Tops Market on Dec. 13.

Accident reported on Wilkinson Road, Batavia

By Howard B. Owens

A motor-vehicle accident has been reported on Wilkinson Road near the railroad tracks.

It's unknown if there are injuries.

East Pembroke Fire Department and Mercy EMS dispatched.

UPDATE 9:22 a.m.: A firefighter on scene helped push the car out of a ditch and the car continued on its way. No damage. No injuries. All emergency response cancelled.

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