Arthur Brown

A 45-year-old Le Roy man facing felony charges from a "shots fired" incident on Clinton Street Road a year ago, and facing other felony charges, turned down a plea offer today that could help him avoid the potential of a life-in-prison sentence.

That decision made a little more sense during a hearing that followed the plea offer discussion on a grand larceny charge from a separate incident.

In that case, a video that reportedly shows Arthur J. Brown taking a credit card from inside a police station wasn't preserved by Le Roy PD.

Judge Melissa Lightcap Cianfrini ordered a spoliation hearing -- a hearing to determine what happened to the evidence -- to be followed by a Huntley hearing -- a hearing on whether evidence should be suppressed at trial.

Without the video, the only evidence against Brown in the grand larceny case is the testimony of a police officer who reviewed the video recording prior to arresting Brown on the charge.  Under the rules of evidence, the officer can testify about what he saw on the recording.

By calling for a spoliation hearing -- something the defense did not request -- Cianfrini signaled that she might consider a strong sanction against the prosecution, which could include dismissing the case.

When asked about a possible remedy, First Assistant District Attorney Joseph Robinson said it would be appropriate to permit the jury to draw an "adverse inference" from the fact the video does not exist.  That would mean at trial, the jury could consider that the lack of a recording means there is a weakness in the prosecution's case.

Robinson said that remedy would be significant because there is only one police officer who can testify in the case and state what he saw on the video. There is no other supporting evidence.

On Aug. 11, 2021, Brown was picked up by Le Roy PD on a violation-level offense, said Assistant Public Defender Lisa Kroemer, and placed in an interview room where he was required to empty his pockets. 

When he was released, he was instructed to take his personal belongings.

Later, a police officer discovered that a credit card was missing. The card had been found by somebody and left with the police. It was being held for safekeeping until its rightful owner could pick it up.

The missing video supposedly shows Brown picking up the card along with his property.

Kroemer argued that the video is a critical piece of evidence that could show whether Brown knowingly and intentionally took the card or whether he picked it up accidentally, a distinction, she said, the officer can't reliably testify about.

When questioned later, Brown did have the card in his possession, Kroemer conceded, but the issue that can't be resolved without the video is whether Brown knowingly took the card from the police station.

Kroemer said Brown was held for a bail hearing less than 24 hours after his arrest and Kroemer put the District Attorney's Office on notice at the hearing that the video recording needed to be preserved as evidence.  She also argued that police officers should know that such a piece of evidence should be preserved.

Later, Cianfrini would note that Kroemer made a compelling argument that members of law enforcement, more than a store owner or any other member of the public, should understand the importance of preserving evidence. 

In ordering a spoliation hearing, Cianfrini said the court is interested in hearing what protocols Le Roy PD has in place for preserving video evidence, what happened in this case, what was communicated to police, and how it was communicated, about preserving the recording, and what if anything is the police department doing to ensure this doesn't happen again.

The hearing is scheduled for 9:30 a.m. Oct. 14.

Brown is also facing multiple charges from a Sept. 19, 2021 incident in which Brown was stopped on Clinton Street Road in Stafford for alleged erratic driving and once stopped, fled from law enforcement into a cornfield.

A deputy said he saw a gun on Brown and a second later, there was a bang or a boom in the area that prompted the officer to inform dispatchers of "shots fired."  

The search for Brown took several hours and involved Monroe County SWAT, the Batavia Emergency Response Team, State Police (including the closure of the Thruway), drones and a State Police helicopter.

Law enforcement reported recovering a handgun at the scene, but Brown has maintained it wasn't his.

It turned out later, that what sounded like possible gunshots was really a wildlife scare cannon.

In that incident, Brown was charged with:

• Criminal possession of a weapon 2nd
• Menacing a police officer
• Tampering with physical evidence
• Obstruction of governmental administration 2nd
• Criminal  possession of a controlled substance 7th
• Driving while impaired by drugs
• Failure to keep right

Brown is also facing a charge of failure to register as a sex offender but he hasn't been indicted on that count yet.

The plea offer from the District Attorney's Office was for Brown to plead guilty to the weapons charge and the grand larceny, and serve five years in prison with seven years on parole, and the rest of the charges would be satisfied.

Brown would still have been subject to being found by the court to be a second felony offender, a second violent felony offender, and a persistent felony offender.

After Robinson recited the plea offer, Kroemer said her client was rejecting the offer. 

Cianfrini then wanted to ensure that Brown understood the ramifications and risks of his decision.  As she spoke, Brown raised his hand as if he wanted to speak and Cianfrini advised him that he shouldn't speak to the court and instead talk privately with his attorney and let her speak on his behalf.

Kroemer and Brown then conferred, but Brown was speaking loud enough that some of what he was saying could be heard in the courtroom.  Cianfrini told him he should whisper so she couldn't hear what he was saying.

After Kroemer and Brown spoke, Cianfrini asked Brown if he still wished to decline the deal.  He said that he did.  

She explained to him that if he was found guilty at trial, he could be sentenced to the maximum prison term for each count, that the sentences could be served consecutively instead of concurrently, and that if the court found him to be a persistent felony offender, he could be sent to prison for life.

"My job is to ensure that I feel satisfied that you understand," Cianfrini said. "Whether you take the plea is 100 percent your decision. I just want to make sure you understand." 

Brown, who spoke clearly in court, said he understood.

On the weapons charge, the court set a trial date for March 20 to March 24, with a Jan. 23 plea cutoff date. 

Cianfrini explained to Brown that while the plea offer he just rejected was off the table, the prosecution had the option of making a new offer and Jan. 23 would be the final date Brown would have to accept a plea offer, otherwise the case would go to trial.

There will be a Huntley hearing, a hearing on the possible suppression of evidence, at 9:30 a.m. Oct. 11.

Brown is not being held in jail while the charges against him are pending.

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A group of about 30 people attended Monday's City Council meeting, and half of them spoke about the proposed farm animals law to ban most farm animals from city limits and the feeding and care of feral cats. Volunteers For Animals member Robin Lewis, second row, in blue, waits to take her turn at the podium and dispute that a feeding ban does any good for feral cats

Forbidding people to care for homeless cats will not take care of the feral cat problem, Robin Lewis says.

She was one of about 15 people to share their thoughts during a public hearing Monday at City Hall.

“It is a cruel, inhumane, and ineffective way to solve a complex problem,” Lewis said to City Council.

In an audience of 30 or so spectators, half of them were there to voice support or opposition for a proposed farm animal law expected to go up for a vote later in the evening. The law would ban “owning, bringing into, possessing, keeping, harboring, or feeding” most farm animals and feral cats in the city, and limit chickens to six as long as they’re penned properly and don’t create an accumulated mess and odor.

Lewis and other speakers nailed one issue right on its head: it’s a complex issue when dealing with cats. She was with a group of fellow Volunteers For Animals members who stressed that the ban was not only unfair to homeless cats but that it doesn’t work for eliminating them. Spoiler alert: volunteers were happy in the end.

One point of contention was that feral cats and “community cats” are hard to tell apart; one group is often being well cared for by good samaritans while the ferals are cats born outside that are often unsocialized and therefore less friendly and seemingly wild.

Judy Sikora, who has lived in the city for 40 years, is one of those good samaritans who has been caring for stray cats. She has worked with Kathy Schwenk of Spay Our Strays to ensure the cats are spayed or neutered so as not to reproduce, and that they are healthy. There are some ferals that “occasionally do remain very wild,” she said, however, many others are redeemable to go up for adoption.

She has appreciated the work of Spay Our Strays and asked that council remove the cat ban from the proposed resolution.

“The work they do is incredible,” she said.

Kathy Schwenk, coordinator of Spay Our Strays, appeals to council that "these community cats should not be punished for one person."

Schwenk has been with Volunteers For Animals for the last 18 years and is coordinator for Spay Our Strays, which is a low-cost spay and neuter program for feral and outdoor cats. The group humanely sterilizes and vaccinates cats throughout Genesee County, including in the city of Batavia, she said.

“The caregivers did not ask for these cats. They're compassionate, caring, humans who cannot bear to see animals suffering. Some of them are in the audience right now,” Schwenk said. “These community cats should not be punished for the deeds of one citizen who irresponsibly harbors farm animals on their city property and infringes on their neighbor's rights.

“By including feral cats in the same category as farm animals, this is going to ensure undue suffering and spread of disease among our own community cats. So because of this proposed amendment, I've had several people, several upstanding city residents, contact me fearing that they will not be able to legally care for their outdoor cats anymore,” she said. “Some of these cats are strays, some are semi-socialized. Others have just been thoughtlessly left behind with a piece of trash and these compassionate people are caring for them.”

Her group worked with City Council seven years ago, after a presentation from SUNY Buffalo Law School recommended the trap/spay/neuter/vaccinate and release method for best controlling the stray cat population. Working with former Assistant City Manager Gretchen Difante and a task force, Spay Our Strays experienced “big success” by trapping 42 cats in one neighborhood, treating them per the program and releasing them.  That was in 2016.

While the issue of feral cats has come up since then, it isn’t what triggered the farm animal ordinance. Complaints from neighbors about one resident, in particular, got the ball rolling. The resident owns four goats, plus chickens, a dog and a cat. Her Burke Drive neighbors have come to council previously and complained to their ward councilman John Canale. They were fed up with loose goats charging them, eating their foliage, and the animals creating a mess and foul odor.

Who'd want farm animals in the city? resident John Ladd asks during his time at the podium Monday evening.

City resident John Ladd wanted to clarify for council what his stance was. That was after he rattled off several dates of when he’d documented seeing loose goats or chickens “roaming freely out of their enclosures.” One day he found a goat standing on his front porch eating bushes. It might seem humorous, he said, but it makes him angry.

“We don’t want a limit on farm animals, we want no such animals allowed in the city limits,” he said.

Another speaker against the ban asked council to consider the aspect of people with disabilities having a right to a support animal. What if someone wants to have an emotional support cow or giraffe, Ladd said.

“Is that possible? Is it legal?” he said.

Some folks cited state and federal laws and statements from the American Society for the Prevention of Cruelty to Animals to support their positions on the proposed law. The resident at issue, who has said that her animals were therapeutic service animals for her daughter, was not present. Her father, Randy Turner, was present and vocal.

He estimated that although 75 percent of the city residents owned a dog or cat, “that has nothing to do with this,” he said.

“There’s no reason to have farm animals in the city,” he said.

I'm not against any animals, resident Shannon Maute says to council. These goats, these chickens, these ducks are not service animals. 

Fellow residents John Roach and Shannon Maute also supported the ban on farm animals. Roach didn’t move to the city to be near them, he said. Maute, who lives on Burke Drive, isn’t against animals, and in fact, “I love animals,” she said. But the goats, the chickens, the ducks are not service animals, and one’s pets should be properly contained, she said.

“So far I’ve had to chase one goat, three chickens and a dog out of my yard,” she said.

After everyone had a chance to speak, Council President Eugene Jankowski asked for comments before a vote. Councilman John Canale first responded to the cat comments.

“I certainly did not expect to see this turnout,” he said. “I certainly recognize that we gave our blessing to that organization (SOS). I don’t know if it’s working or not, we haven’t heard from them in years.”

Councilman Bob Bialkowski removes his support for the proposed farm animals law, and Councilman John Canale shares that when he was a kid, a neighbor tried to raise a pig next door on Bank Street.

Canale would like to continue the trap-release program, he said, but to also have more communication between SOS and the city. He suggested that people who wish to be caregivers for homeless cats should contact the nonprofit and make sure those cats are properly spayed or neutered and vaccinated.

Councilman Bob Bialkowski questioned the legitimacy of the ordinance: “All of this because of one home,” he said.

He also wondered how, if farm animals are banned, it will go if a child wants a rabbit but can’t, while her neighbor has six chickens. He suggested that when people have issues on their streets, to “talk to your neighbor … it’s called addressing the problem.”

“I’m not supporting any of this,” he said.

Jankowski explained that the city police and code enforcement departments are aware of the one issue, but with no law, not much could be done to solve it. He also pointed to the fact that Turner owns the house where his daughter Judy lives with all of those animals, and he’s against farm animals in the city. That should tell you something, Jankowski said.

“There are other issues going on that we can’t talk about,” he said.

He then proposed removing the feral cats from the entire law or stipulating that the spay/neutering program must be part of it.

“It will delay us, but I’d rather get it right,” he said. “I think we lumped it in, it was an afterthought. We made a mistake.”

Council needs more time to thoroughly review the issue of feral cats, Councilwoman Patti Pacino said.

“I definitely think we need more time to think about it,” she said.

Fellow council members Al McGinnis, Kathy Briggs, Paul Viele and Tammy Schmidt agreed.

Council unanimously voted to move forward with the farm animals ban and remove cats from the entire equation. The pared-down law will move to the Sept. 26 business meeting for a vote.

Lewis paused for a second before reacting to that news. 

"I'm ecstatic," she said. "We work to educate people and to educate them about feral and community cats. Feeding bans do not work."

Wendy Castleman of Volunteers For Animals cites that state law acknowledges the effectiveness of trap/spay/neuter/vaccinate/release programs as a way to stop cats from reproducing and the spread of disease. A feeding ban would be inhumane management of cats, she says, and it's a complex issue. 

Oliver's Candies is celebrating 90 years in business! We will have food vendors (The Red Osier, Los Compadre's, Pub Hub Coffee), face paintings, kid's games, bounce house, wine tasting with Autumn Moon Winery, State Troopers, Genesee County Sheriff with K9 Unit, the Batavia Animal Shelter, table raffles and 50/50! Proceeds from our table and 50/50 raffles will be donated to the Batavia Animal Shelter! Click here for more information on the day's events.

*The first 150 in-store purchases will receive a FREE Oliver's Swag Bag*.

Top Donors:

• Sweet Lee's Bakery
• Sweet Life Country Store
• Bounce House Of Batavia
• Red Osier
• Eli Fish
• Batavia Downs
• Liberty Pumps
• Center Street Smoke House
• Autumn Moon Winery
• Wright Beverage

 

An accident with entrapment is reported on Route 5 at Batavia Stafford Townline Road.

Two-cars involved.  One injury.  The eastbound lane is blocked and the intersection is blocked.

Stafford Fire and Mercy EMS are responding.

UPDATE 2:59 p.m.: Mercy Flight being dispatched.

UPDATE: According to a trooper on scene, vehicle one was making a left turn onto Route 5 and allegedly pulled in front of an eastbound vehicle.  The driver of the eastbound vehicle sustained a broken arm and was transported by Mercy EMS to Strong Memorial Hosptial.  Mercy Flight was canceled. 

Eli Fish hosted its fourth annual Oktoberfest Saturday at Jackson Square in Batavia. As promised by organizer Adam Burnett, the event was overflowing with attendees, as the ever-popular German band The Frankfurters played traditional songs, accompanied by the band's dance troupe. Attendees joined in with the dancing, and quenched their appetites with German-themed brews and food from Eli Fish Brewing Company.

Joanne Beck contributed to this article. Photos by Howard Owens.

A mobile phone left on a bed charging is the suspected cause, at least at the preliminary stage of the investigation, of a fire at 6979 Big Tree Road, Pavilion, this evening.

The fire was called in at 7:03 p.m., according to Tim Yaeger, emergency management coordinator.

It appears to have started in a second-floor bedroom and residents told investigators that a phone was left on the bed plugged into a charger. A 13-year-old resident smelled the smoke and found the fire.  He alerted his father and they shoved the mattress out the window but the fire spread quickly anyway.

"How the fire progressed inside the building, we don't know yet because we still need to investigate and then go from there," Yaeger said. "It's kind of early yet."

All residents of the two-unit apartment building escaped safely.  There were no injuries reported.

There were one adult and two children residing in each of the apartments.  

It was unclear earlier this evening if the structure is a total loss, but it was heavily damaged on both floors with obvious heavy flame damage in the front of the second floor.

Pavilion, Le Roy, and Stafford were dispatched on the first alarm.  The second alarm included the City of Batavia FAST Team, but that crew was soon pressed into firefighting duties so Alexander's FAST Team was dispatched.

FAST stands for Firefighter Assist and Search Team.

"They're there to be the rescue team for firefighters," Yaeger said. "So if a firefighter gets trapped, disoriented, runs out of air, something happens to either a firefighter or a team of firefighters, that's what that team is there for."

Also responding to the fire, Bethany, Caledonia, Perry Center, Wyoming, Mercy EMS and the Genesee County Sheriff's Office, along with Emergency Management. 

A large response was needed, Yaeger said, because of a shortage of manpower.

To volunteer with your local fire department, visit ReadyGenesee.com.

Photos by Howard Owens.

An apartment fire is reported at 6979 Big Tree Road, Pavilion.

A caller reports everybody is out of the two residences.

The second floor is reportedly involved.

Pavilion, Le Roy, and Stafford dispatched on the first alarm.  A second alarm is called with City Fire's Fast Team, Bethany, and Mercy EMS.

A barn and house on Bethany Center Road, Bethany.

Photo by Howard Owens.

A homemade fox crossing sign spotted on Paradise Road in Bethany.

Photo by Howard Owens.

Campers at Lei Ti Campground in Bethany held their annual auction fundraiser on Sept. 3 in support of One Soldier at a Time, and on Saturday presented a check for $9,200 to Lauren Coe.

Coe said One Soldier at a time runs three primary programs.  One provides gifts for wives and mothers of military members deployed overseas for Christmas, Valentine's and Mother's Day.  Another provides care packages for soldiers on deployment.  And the third, that this donation will benefit, assists veterans who are homeless, impoverished, in PTSD housing or in similar hardships with care products to take care of them from head to toe, from hair-care products to socks and shirts and ties, and for veterans who have passed, suits "so they can be buried with dignity." 

Top photo: Sandra Sekuterski, Val Roshart, Lauren Coe, Sheila Hollwedel, and Gerald Sekuterski.  Below, Coe presented the campground with a plaque recognizing the contributions.

Photos by Howard Owens

More than two dozen volunteers placed 2,977 in remembrance of the 9/11 terrorist attack victims outside the VA Hospital in Batavia.

Organizations represented by the volunteers included VA employees, the VA police force, National Fuel, and the American Legion.

Photos by Howard Owens

The Byron-Bergen Bees beat the Batavia Blue Devils at Van Detta Stadium in boys soccer on Saturday, 4-2.

Goals for Byron-Bergen: 

• Gianni Ferrara to Jack Farner
• Colin Martin
• Jack Farner to Colin Martin
• Colin Martin to Jack Farner

Goals for Batavia: 

• Owen Halpin assisted by Quintin Cummings
• Matt Wittmeyer

Photos by Kristin Smith. For more, click here.

Photos by Philip Casper

Oakfield-Alabama High School hosted its annual Dash in the Dark on Friday evening.

Photos by Laura Luft.

The Fighting Irish of Notre Dame dispensed of South Seneca pretty easily on Saturday, securing a 56-0 win.

James Fanara was 8-10 passing for 140 yards and two TDs. Fanara added another 25 yards rushing on six carries.

Hayden Groff gained 85 yards on 13 carries and Gabe Castro picked up 40 on 10 carries. Groff scored twice.  Castro scored on a six-yard run in the fourth quarter.

Bryceton Berry returned the second-half kickoff 92 yards for a touchdown. Ryan Fitzpatrick had a pick-six in the third quarter.   

Photos by Kristin Smith.  For more, click here.

Game report by Head Coach Tim Sawyer.

Alexander used a dominant first half to grab this victory against a tough Clyde-Savannah team that never quit trying. 

The Trojans won 34-0.

Alexander scored on its first four offensive possessions and then scored a pick-six defensive TD. 

Placekicker Dalton Selapak was 4 for 4 on the PATs.

The scoring opened on a nice drive by the Trojan offense that culminated with a 3-yard TD pass from QB Trent Woods to Flanker Mason Bump from 3 yards out.

On the 2nd drive, RB Ricky Townley scored on a 9-yard run.  He also scored the Trojans' third TD of the game a few minutes later on a 28-yard gallop. 

Townley ended his night with 5 carries for 66 yards.

On the fourth drive of the game, Fullback Kaden Lyons used his speed and toughness to break away for a 22-yard touchdown run.  He ended the night with 4 carries for 35 yards.

The final TD for the Trojans was a 70-yard interception return by Trenton Woods from his free safety spot.

First-year senior RB Brice Feldman had a good night running the ball with 4 carries for 36 yards.

Defensively, the Trojans picked up their first shutout of the season.  Led by Townley from Strong Safety with a whopping 12 tackles.  Christian Kissell had a QB sack. 

The Trojans have a bye in week 3. 

Photos by Philip Casper.

Top photo: Alexander’s Defensive line putting in work stopping the run.

RB Ricky Townley #5, Senior

QB Trent Woods #2, Junior, scrambling 

WR Christian Kissell #1, Senior

WR Christian Kissell #1, Senior

Pembroke lost to Canisteo-Greenwood on Friday in eight-man football 28-14.

No stats were submitted for the game.

Photos by Elizabeth Gabby.