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New federal ban offers hope, but local law enforcement still grappling with difficult bath salt situation

By Howard B. Owens

Nearly every day of late, emergency dispatchers in Genesee County field multiple calls related to people getting into trouble or causing problems while apparently high on a substance benignly called "bath salts."

Area law enforcement officials recognize the problem, and even though most of the compounds known as bath salts are now a Schedule 1 Controlled Substance under federal law, the tools available to police officers to deal with these sometimes bizarre events are limited.

In the City of Batavia, Police Chief Shawn Heubusch said the approach his department is taking to deal with bath salt-provoked incidents is first a public safety issue.

"First and foremost, any responding officer is checking the welfare of people," Heubusch said. "First comes public safety, the safety of the people involved, checking to see if medical attention is needed, giving it to them."

If a crime has been committed, an individual under the influence of bath salts might be arrested, Heubusch said, but the first order of business is that person's health and safety.

However, since at a local level, the possession and even the sale of these so-called bath salts are legal, there isn't much local law enforcement can do to combat the spread of the drug.

But that doesn't mean any Genesee County residents or businesses that might sell bath salts should feel comfortable distributing the compounds outlawed as a result of legislation sponsored by Sen. Chuck Schumer.

The federal government's top law enforcement official in Western New York said today that investigators will respond to any complaints of the substances being sold locally, whether the complaints come in the form of tips from concerned citizens or media reports suggesting such sales are taking place.

"What the public can expect as with any reports of criminal activities is that law enforcement will look into it as appropriate," said William Hochul, U.S. Attorney for Western New York. "I can’t comment on specific cases, but the way we do our job in law enforcement is we look for possible violations of crime and we investigate it. If it rises to the level of a federal offense, we will prosecute."

Hochul praised The Batavian and Rochester's WHAM 13 for aggressive reporting on the bath salt issue during an exclusive interview with the two news outlets at the Sheriff's Office in Batavia.

"The public needs to be aware that the side effects of these substances is that to an extent they can be deadly," Hochul said. "We've had any number of episodes where people have acted violently, or they've gone into cardiac arrest, and that's just what we know. There's a long-term effect that still remains to be seen. So, the best defense, as with most drugs, is for the public to get educated."

Schumer's legislation bans MDPV (methylenedioxypyrovalerone) and mephedrone, the active ingredients in bath salts.

Reportedly, the chemicals found in bath salts cause effects similar to those of cocaine and methamphetamine, including hallucinations, paranoia and suicidal thoughts.

In Batavia in recent cases, people have climbed on rooftops, waved knives at people in a threatening manner, claimed to be attacked by ghosts, reported hearing gunshots and have been combative toward medical personnel during emergency responses to deal with their seizures.

Family members of individuals reportedly on bath salts have said that users  expressed suicidal thoughts and engaged in self-destructive behavior.

The paranoia, violence and self-destructive thoughts of people on bath salts are a safety concern for the public and emergency personnel, local law enforcement officials say.

"People using these substances are sometimes unpredictable and sometimes become violent," Heubusch said. "The officers do a great job of limiting contact with these people and ensuring everybody is safe."

Sheriff Gary Maha said fortunately, no situations involving his deputies have gotten out of hand, but officers have been responding to numerous medical calls involving bizarre behavior.

"Our officers are trained to protect themselves," Maha said. "It doesn’t matter what type of situation. It can be a dangerous situation. This person could have a knife he’s swinging around or whatever and they will have to take appropriate action to protect themselves and protect the public.

"We haven’t come across a situation yet where an officer needs to use a Taser, but our officers are armed with Tasers and trained in using them," Maha added.

Det. Rich Schauf said that with all the information available now about bath salts, and the fact that it says right on many packages, "not for human consumption," the real question is, why are people using them.

"The unfathomable situation in all this is why would somebody do this to themselves," Schauff said.  Why would somebody ingest something that they don’t know what it is. ... that's the real question: How do you stop somebody from hurting themselves?"

While that may be a question without an answer, Hochul's office is taking seriously the issue of enforcing the new ban on bath salts and synthetic marijuana, he said.

"We will now be able to treat bath salts the same way we treat cocaine and heroine," Hochul said. "(We can) use all of our federal techniques that we have available, including wiretaps, undercover operations, and hopefully bring these cases to closure much easier and much more successfully."

Up until the new ban was signed into law by President Barack Obama, federal law enforcement had very limited tools to combat bath salts and synthetic marijuana.

The chemicals used to manufacture these drugs were part of a DEA emergency schedule as controlled substances, but that only meant that law enforcement had to prove in a court of law that a person selling the substance did so with the intention they would be used for human consumption and that the effect of the substances was in fact similar to that of meth or cocaine.

That all changed on Monday.

"It’s much better for the community to know now that the substances are -- no ifs, ands or buts -- illegal to possess, to sell or posses with intent to sell," Hochul said.

While law enforcement officials take seriously the apparent increase in bath salt-related calls, they also say it shouldn't be overstated as some sort of community epidemic.

The majority of calls, according to Schauf, involve the same people repeatedly, and those calls are generally confined to people who have had law enforcement contact prior to bath salts becoming an issue.

Heubusch agreed.

"I don’t believe this is a widespread, mass hysteria type of event," Heubusch said. "It does seem to be a small group of people."

The other factor that may contribute to bath salts being part of a greater consciousness in Batavia, Schauf said, is more people understand what bath salts are and what they do, including cops and medical personnel.

"We might have been dealing with this before and we didn't know it," Schauf said. "Now that it's identified, you have this effect of everything is bath salts the minute you see somebody who is irrational."

All of the law enforcement officials we talked to today also said bath salts are just the latest fad drug. They pointed to either Ecstasy, PCP, sniffing glue, meth and even LSD as "fad" drugs of the past that eventually stopped being a common problem.

"We've seen different peaks and valleys in the past," Maha said. "We've seen LSD and we don't see that much anymore, or PCP, and we don't see that much anymore. They have all come and gone and hopefully this will as well."

What worries law enforcement officials that while federal -- and even possibly, someday, state legislation -- might outlaw bath salts as we know them today, there are probably chemists somewhere trying to cook up the next intoxicating brew.

"We have to be concerned about it," Hochul said. "I read one report that said this (the new law) is like raising the wall a little higher as the floodwaters grow. We certainly hope at a certain point that there won't continue to be creation of illegal substances, but given the advances in science and the willingness of people located throughout the world to try and make money through the selling of illegal drugs, it’s reasonable to assume there will be continued efforts to avert this law."

Hochul had two other bits of advice for community members who are concerned about bath salts.

First, if people plan to picket -- as Jason Lang's mother suggested doing -- an establishment suspected of selling bath salts, they shouldn't worry that such action would interfer with a federal investigation.

"If you’re a mother or a parent with concerns, you still have to do what you have to do to protect your family within the bounds of the law," Hochul said.

"We have an obligation to investigate violations of the federal law using all of our tools and there are ample tools to investigate the fact that somebody may be illegally selling drugs," Hochul added. "If somebody is protesting on the one hand, they should not be worried that would impede our ability to use one of our other tools to investigate violations of federal law."

The second bit of advice was directed at any landlords who might be leasing property to a business that could be selling bath salts.

The property can be seized under the federal forfeiture law.

If a judge determines the property owner knew a business was selling a controlled substance -- and media reports indicating such transactions were allegedly taking place -- a judge could rule the property owner should have taken action to ensure such sales were not being conducted on his property.

"If the landlord wants to keep his property, the landlord's obligation should be to make sure there’s no illegal activity occurring on his property," Hochul said. "That’s another advantage of having very assertive media in exposing this to the public at large. What did the particular owner know and when did he know it?"

Heubusch and Hochul also said the entire community has a role to play in combating bath salts in Batavia.

Community members, they said, need to call the police about suspicious activity, cooperate in investigations and educate each other about the dangers of these chemicals and compounds.

"This is a perfect opportunity for the community to come together and help others out," Heubusch said. "Whether they call us, they call 9-1-1 to report a suspicious event, or when the officer does arrive, report what they saw to that officer. ... We will do what we can to protect this community, but we do need help from the community itself."

PHOTOS: Top, Chief Shawn Heubusch; first inset, U.S. Attorney for WNY William Hochul; second inset, Sheriff Gary Maha.

This story was produced in conjunction and cooperation with The Batavian's official news partner, WBTA, and Sean Carroll, reporter for WHAM 13 in Rochester.

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Report of gunshots fired from truck in Basom remains under investigation

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A red car in the parking lot of Walmart allegedly has a dog locked inside with the windows rolled up this summer afternoon. A Sheriff's deputy is responding to the complaint.

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Photo: Free Slurpee for 7/11

By Howard B. Owens

It's July 11, and you know what that means -- free Slurpees at 7-11 convenience stores.

Above, Zach Paris, of Alexander, draws himself a cold one at the store in Batavia, corner of East Main and Elm streets.

Law and Order: Woman allegedly waving knife in street believed to have been on bath salts

By Howard B. Owens

Emily Smith, 28, of 31 Williams St., Batavia, is charged with disorderly conduct. Smith is accused of waving a carving knife while in the middle of Williams Street, threatening people and alarming them. The alleged incident was reported at 11:52 a.m., Tuesday. According to a police report, Williams and a neighbor were allegedly intoxicated on bath salts and began to believe they were mad at each other, leading to a confrontation.

Jason Barnhardt, 25, of 108 Tracy Ave., Batavia, is charged with criminal contempt, 2nd. Barnhardt is accused of living at a residence on Tracy Avenue since June that he was allegedly barred by court order from being at. Barnhardt's residence was reportedly discovered during an emergency call to the residence Monday.

Angry mother confronts store employees she believes sold bath salts to her son

By Howard B. Owens

The mother of Jason Lang marched into 420 Emporium, at 400 Ellicott St. Batavia, tonight and demanded that employees sell her "Amped," a brand of bath salts she believes had been sold to her son at the store earlier in the evening.

She said she is trying to make a point -- that the recently opened head shop is killing her son by selling him the chemical substance.

For her trouble, she was issued an appearance ticket for alleged trespassing.

Jason Lang, previously arrested for allegedly making false reports to law enforcement in 9-1-1 calls, was bailed out of jail recently, according to his mother, Nicole Lang, by an employee of Lang's cab company.

"I want them to stop selling to my son because they are killing him right now," Mrs. Lang said.

Sgt. John Peck said that as a parent he sympathizes with Mrs. Lang's position, but said, "she's not going about it the right way."

Mrs. Lang said she went in the store, tried to buy bath salts, was told to leave and then left. Peck said store employees saw and what he observed himself is something different.

According to Peck, Mrs. Lang was told to leave, and did, but then stormed back in, disrupting business transactions in the store. After Peck and Officer Kevin DeFelice arrived on scene, Peck said Mrs. Lang reentered the store and started yelling at employees.

The store manager, Peck said, wanted to press trespass charges.

"We could have charged her with other possible crimes," Peck said. "We charged her with simple trespass."

Simple trespass is equivalent to getting a traffic ticket.

Mrs. Lang said she isn't done protesting against 420 Emporium for allegedly selling bath salts. She and her daughter, Brandi Smith, said they are going to organize a protest picket against the store to raise community awareness about 420 allegedly selling the chemical compounds.

They're hoping, they said, other community members concerned about bath salts in Batavia will join the protest.

The date of the protest will be announced at a later time.

According to Mrs. Lang, a person she encountered coming out of 420 Emporium when she arrived told her he had just purchased Amped in the store and snorted a line in front of her.

"He said he loved it," she said, and then he laughed and walked off.

While Mrs. Lang was out on the sidewalk after one of her previous entries into the store, she said two people -- a former employee of Lang's and a relative of Lang's -- walked past and one of them shoved her into the roadway on Ellicott Street.

She wanted the woman charged with assault, but Peck told her that complaint is still under investigation.

Peck told The Batavian that witnesses who don't know any of the parties involved said Mrs. Lang was trying to prevent the couple from walking down the sidewalk and one of the people simply tried to push her out of the way.

The two people would be interviewed, Peck said, before he reached any conclusions about the case.

Meanwhile, Peck said Batavia PD are dealing with an increasing number of bath salts related calls.

Today, he said, there were at least three bath salt related calls in the city, including one where two people allegedly on bath salts both started thinking the other was mad at the other. One of the people involved ended up going into the street brandishing a knife threatening the other person.

"We've been dealing with it (bath salts) all day," Peck said.

While police were on scene at 420 Emporium, Lang reportedly drove up to a Batavia PD cruiser and told an offer that gang members were out to kill him and drove off.

Brandi Smith said Lang's report to police isn't entirely bath-salt-inspired paranoia. According to Smith, a couple of months ago, Lang turned over to State Police all the Amped he had in his shop -- the former Laughing Buddha -- and that Lang  acquired the supply of Amped from a well known alleged criminal enterprise.

According to Smith, members of the crminal enterprise had laced the Amped with meth, unbeknownst to Lang, and Lang is facing possible criminal charges for selling the substance.

Now, she said, members of the gang are demanding Lang either return the Amped or pay them the money they're owed. 

The Amped in question, she said, is in the custody of State Police.

Finally, both Mrs. Lang and Mr. Lang (Jason's father) expressed displeasure with The Batavian's reporting about Jason Lang. They said The Batavian's stories leave people with the impression that Jason is some sort of "low life."

"Jason is really a good person," Mrs. Lang said. 

She said she wants the community to know he's really a good person just having a problem right now. She said she is worried about his health, but, "he's a really good person."

Photo: Nicole Lang sobs in front of 420 Emporium while awaiting Batavia PD to issue her an appearance ticket for alleged trespassing.

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Steelheads and salmon provide respite from heat, lack of sleep

By JIM NIGRO

It was last Friday morning and despite the early hour the air temperature was climbing rapidly and the humidity was killer; couple that with the fact I was running on not much more than an hour of sleep and it seemed like I was going to be in for a long day. Doug Harloff, on the other hand, was his usual self -- chipper, upbeat, and eager to get down to the business at hand. I didn't know it then, but my disposition would soon match his and my lack of sleep quickly forgotten.

Our original plan called for a trip to Lake Erie to see about putting a dent in the walleye population, but at the last minute Doug suggested we play the waters of Lake Ontario, "steelhead fishin's been good" he said. As tired as I was, I figured it a good idea to be as close to home as possible. I readily agreed and moments later we were on our way to Point Breeze. 

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Initially, Doug rigged up two downriggers, a planer board and a flat-line rig with lead core line, the latter being run some 300 feet behind the boat. Each rig produced at least one fish, most of which came from the 60 foot level in waters ranging from 150 - 250 feet deep. Northern King spoons were the hot bait, notably Dream Weaver 42nd's and black NK spoons with silver tape.

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Because Doug lets nothing go to waste whether it be fish, waterfowl, upland game or venison, his recipes for fish and game are vast and varied. And because I would be bringing home an ample supply of fillets, I asked his opinion. Everything he suggested sounded great, the only trouble being, I could only try one recipe at a time. The following evening my wife and I dined on blackened Cajun salmon fillets cooked on the grill. The meal was delicious and the hum of the air conditioner made it all the more enjoyable.

Thanks Doug - it was a great day!

GCEDC approves tax exemptions for companies in Le Roy and Attica

By Howard B. Owens

Projects approved by Genesee County Economic Development Center:

Triple F Services (Falcone Family Funeral): Sales tax exemption on materials, $27,200; mortgage tax exemption, $6,250; property tax exemption, $0. Falcone is planning on investing $602,000 to build a 4,500-square-foot funeral home in the Town of Le Roy. The company is planning to apply for property tax assistance through the Town of Le Roy. Projected new jobs: three.

Upstate Dodge Chrysler and Jeep, Inc.: Sales tax exemption, $24,800; mortgage tax exemption, $0; property tax exemption, $0. Upstate is planning on making a $655,000 investment to renovate an existing building at 125 Prospect St., Attica (Genesee County) and relocate its existing dealership from 15 West Ave., Attica (Wyoming County). Projected new jobs: 17.

Shelter in dire need of small dog kibble and dry kitten food

By Billie Owens

Press release from Volunteers for Animals:

We need help with food! With all the poodles we rescued recently, we are in need of small dog kibble. Some are missing teeth and they all have small mouths so we are in desperate need of small dog kibble!

It is that time of year again and we find ourselves needing dry kitten food to feed our many growing kittens in foster care and those starting to return for adoption at the shelter and Petco. The community has been good to us in the past and we hope we can count on you again to donate dry kitten food to help all our cute kittens grow up healthy and strong!

Please drop it by the shelter during adoption hours.

THANK YOU!

The Genesee County Animal Shelter is located at 3841 W. Main St. Road in the Town of Batavia.

Adoption hours are:

Sunday through Friday -- 1 to 3 p.m. (CLOSED THURSDAYS)

Wednesday -- 7 to 9 p.m.

Saturday -- 11 a.m. to 1 p.m.

8th Annual Taste of Stafford is Thursday evening

By Billie Owens

Press release:

The 8th Annual Taste of Stafford, sponsored by the Stafford Historical Society, will take place at Ilette Park from 5 to 8 p.m. on Thursday, July 12.

The park is located at the corner of routes 5 and 237.

There will be entertainment, foods to purchase and fun to be had by all.

To commorate the 1812 Bicentennial, Ford Best will appear in the 1812-era military garments and the mode of the Militia of America will also be represented.

Come and bring your most comfortable lawn chairs and visit with friends, relatives and neighbors. Should it rain, the event will be held at the Stafford Fire Department.

Maureen Torrey elected GCC board of trustees chair

By Howard B. Owens

Press release:

The Genesee Community College Board of Trustees on Monday evening elected Maureen Torrey as board chair for the 2012-2013 year. The board also elected Diane D. Torcello as vice-chair and Laura J. Bohm as secretary.

Torrey, of Elba, is owner and operator of Torrey Farms, also based in Elba. Torcello, of Pavilion, is a Bank of Castile branch manager. Bohm, of Batavia, is administrative assistant at Batavia's Birchwood Village.

Trustees met at the Batavia Campus for their annual organizational meeting.

In other business, the board of trustees:

-- Approved a resolution of appreciation honoring outgoing trustee Charles R. Ruffino for his 10 years of service on the board of trustees. Ruffino served as board chair for the last two years. Trustees named him to the honorary position of trustee emeritus.

-- Welcomed Peter R. Call as the newest member of the board of trustees. Call serves as president of Call Farms, based in Batavia, and was recently appointed to the board by the Genesee County Legislature.

The 10-member volunteer board of trustees is the governing body of Genesee Community College.

Two-car accident on Genesee Street in Darien

By Billie Owens

A two-car accident is reported at 277 Genesee St. in Darien. It is blocking traffic and there is debris in the roadway. Unknown injuries. Darien Fire Department and medics are responding.

UPDATE 4:29 p.m.: A responder on scene reports there is only one car involved and it is not blocking traffic.

UPDATE 4:42 p.m.: Both people in the vehicle are sign-offs, according to medics, but because one is a minor, that person will be transported to UMMC for evaluation and the parent so notified.

Lions give away two new bikes at Muckdogs game

By Howard B. Owens

Monday the Batavia Lions Club held its annual Ballpark Bicycle Drawing during the Batavia Muckdogs game at Dwyer Stadium.

This year's winners are Aliyah Curry, left, of Batavia who won the girls bike, and Shane McClurg, of Le Roy, winner of the boy's bike. Also pictured, Paul Bisig, first VP of the Batavia Lions Club.

Again this year, several local nursing home residents were guests at the game, courtesy of the Batavia Lions.

Submitted photo.

Council unanimously supports 'reasonable' raise for city manager

By Howard B. Owens

City Manager Jason Molino's 1.5-percent raise approved unanimously by the Batavia City Council on Monday is "reasonable," said Council President Tim Buckley after the meeting.

"In today’s economy (it) is very reasonable," Buckley said. "It’s not a lot of money, but it shows something that council supports him and his efforts."

Molino will now make $86,009.

Councilwoman Patti Pacino said, "he deserves it. Trust me, he does."

Pacino credited Molino with greatly improving the city's financial standing.

"When I started on this council we were ready to turn the lights off in the city and now we have a rating of A2," Pacino said. "He knows what he’s doing and he’s taking us there."

Buckley said Molino's recent performance review "came back with high marks."

The only criticism of Molino's raise heard in council chambers Monday was from John Roach, who suggested Molino should be required to give up his six-month severance package before getting any more raises.

"If he's ever fired, even for cause, he gets six months severance," Roach said. "I think $43,000 is excessive."

Roach added, "Obviously, the council didn't agree with me."

The 1.5-percent raise was part of the city's last approved budget and is in line with what other non-union workers are getting.

Molino said he's grateful for the vote of confidence from the council.

Law and Order: Driver involved in Valu Plaza accident charged with DWI

By Howard B. Owens

Joseph M. Dispenza, 18, of 36 Church St., Le Roy, is charged with DWI, driving with a BAC of .08 or greater, reckless driving, leaving the scene of a property damage accident, unlawful possession of marijuana and consumption of alcohol in a motor vehicle. Dispenza was taken into custody after Batavia PD received numerous reports of a vehicle operating erratically at 6:48 a.m., Monday, in the Valu Plaza parking lot. Witnesses reported seeing the vehicle being driven at a high rate of speed in the parking lot and squealing its tires. The vehicle struck a light utility pole causing a significant amount of damage and rendering it inoperable. Dispenza and two passengers allegedly fled the scene but were located by patrols in the Batavia Commons Plaza. (Initial Report)

Bradley J. Broadbent, 32, no permanent address, is charged with burglary, 2nd, and petit larceny. Broadbent is accused of forcibly entering a residence on Tracy Avenue, causing damage to the door, and once inside, allegedly stealing clothing. Broadbent was arrested on these charges Monday while appearing in Batavia City Court stemming from his arrest Friday for alleged incidents on Hutchins Street. Broadbent is being held in Genesee County Jail without bail.

Kelly J. Rhim, 33, of 30 Bell St., Cheektowaga, is charged with harassment, 2nd, and endangering the welfare of a child. Rhim was allegedly involved in an argument with a female acquaintance. Rhim is accused of throwing a bowl of food at the friend, striking her with the object. There were allegedly two children in the room at the time.

Jernie Edward Kuhns, 44, of Ridge Road, Elba, is charged with aggravated harassment, 2nd. Kuhns allegedly sent text messages to another person threatening to come to the residence of that person and physically harm another person. Kuhns allegedly went to the residence but left when the occupants did not answer the door. Kuhns was jailed on $350 bail.

Jason A. Klinkbeil, 24, of Le Roy, is charged with criminal possession of a controlled substance, 7th, and unlawful possession of marijuana. Klinkbeil was taken into custody by State Police at 8:15 p.m., Saturday, at 80 South St., Village of Le Roy. No further details released.

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