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Chance at bail revoked for man accused of sexually assaulting children in the city years ago

By Howard B. Owens
Current booking photo Sex offender registry

Sean M. Vickers, the man accused of being a predatory child molester in Niagara and Genesee counties, with alleged victims from up to 20 years ago, won't get a chance to post bail.

Vickers appeared in County Court today to be arraigned on a new 11-count indictment that accuses him of sexually assaulting four children in Batavia from the 1990s to the early 2000s.

Citing the possible multiple life sentence faced by Vickers, Judge Robert C. Noonan said Vickers posed too great a flight risk to have an opportunity to post bail.

Bail was set at $500,000 when Vickers was arrested on the first set of sexual assault charges in May.

Public Defender Gary Horton asked Noonan to set a bail amount, saying that bail out of Niagara County Court, he believed, was set at $100,000 cash or $200,000 bond.

As is usually the case for defendants at an arraignment on new charges, Vickers entered a not guilty plea to all 11 of the counts.

He was indicted by a grand jury last week on: one count of a course of sexual conduct against a child, a Class B felony; two counts of predatory sexual assault against a child, a Class A-II felony; six counts of criminal sexual act first, a Class B violent felony; one count of sexual abuse, 1st, a Class B felony; and one count of endangering the welfare of a child, a misdemeanor.

The 44-year-old Vickers was a resident of Geneva at the time of his arrest in May.

The local investigation into Vickers started after detectives in Niagara County contacted Batavia PD about a case they were working on. That helped to bring to light alleged molestation against at least one victim and the ongoing investigation turned up more victims and more evidence to base the new charges on.

Det. Kevin Czora, leading the local investigation, said over the weekend that it's possible there may be alleged victims in the community local law enforcement doesn't even know about. 

Anybody with information that may assist in the investigation can contact Batavia PD at (585) 345-6350 or outside the city, contact your local law enforcement agency.

Previously:

Accident with minor injury at Walnut and South Main streets in the city

By Billie Owens

A "cherry picker" truck, or portion of it, landed on a car causing a hand laceration at Walnut and South Main streets in the city. Mercy medics and city fire are responding.

UPDATE 12:07 p.m.: Responders tell medics they can proceed in non-emergency mode. Police are on scene.

UPDATE 12:32 p.m.: An adult male is being transported to UMMC with a minor hand laceration.

Man admits to his part in burglary at Jell-O factory in April 2012

By Howard B. Owens

A Monroe County resident who was tied to a burglary at the former Jell-O Factory in Le Roy by DNA evidence, entered a guilty plea this morning in County Court to one count of fourth-degree grand larceny.

James M. Kavanagh is being released under supervision of Genesee Justice pending his sentencing Feb. 4.

He was arrested in September by Le Roy PD for the burglary in April 2012.

Also arrested was Kristen Brightenfield. Her case is still pending.

John O'Shea was arrested for the burglary shortly after it occurred and is currently serving a sentence in State Prison. Brightenfield and Kavanagh were accused of being accomplices.

In court this morning, Kavanagh's attorney said he has a fiance who is due to give birth and Kavanagh, who was being held in the Genesee County Jail until today, said he has a job waiting for him in Chili supervising a gas station at night.

Judge Robert C. Noonan placed a curfew on Kavanagh as a term of his release under supervision, but carved out exceptions for him to work and to be present at the birth of his child.

He's also on probation in Monroe County.

At sentencing, Kavanaugh could be facing the potential of a longer prison term because of a prior felony conviction in Ontario County for forgery.

Previously: Law and Order: DNA allegedly links two people to 2012 burglary in Le Roy

Smoking blamed for fatal fire on Davis Avenue

By Howard B. Owens

Investigators have determined that the fatal fire early this morning at 10 Davis Ave., Batavia, was caused by "careless use of smoking materials, i.e., cigarettes and lighters."

The fire, first reported around 2 a.m., took the life of 87-year-old George A. McConnell.

McConnell's wife, Candace McConnell, was not injured in the fire.

George was apparently unable to exit his second-floor bedroom after the fire started. Candace made her way to the first-floor back porch and was assisted from the house by Officer Darryl Streeter.

The fire investigation was conducted by the Batavia Fire Department and the Batavia Police Department.

Previously: Fire on Davis Avenue claims life of 87-year-old resident

Marker for East Boundary of Holland purchase dedicated in Stafford

By Howard B. Owens

I couldn't make it to the marker dedication for the East Boundary of the Holland Land Purchase at Four Corners in Stafford on Friday. Sue Conklin sent along this photo and the press release below.

On Friday, November 8th 2013 a historical marker commemorating the Eastern Boundary of the Holland Land Purchase was dedicated in Stafford at the intersection of routes 5 and 237. More than 20 people attended the dedication ceremony, which included a brief reading of the history of the survey and a gun salute provided by the War of 1812 militia. 

Following the dedication the Stafford Historical Society served cider and donuts and several people toured their award-winning museum.

Prior to the dedication a survey using original links and transit was conducted by:

  • Rochelle Stein, Genesee County legislator for District No. 5
  • Lynne Belluscio, Le Roy House director and LeRoy Village historian
  • Susan Conklin, Genesee County historian
  • Phyllis Darling, Stafford Historical representative
  • Jeffery Donahue, Holland Land Office Museum director

This survey revealed the location of the marker and the actual boundary line is over by 83 links. Had the marker been installed in the actual location, it would be in the center of the intersection of Route 237, something the Department of Transportation would have forbidden. The Town of Stafford graciously provided the Genesee County History Department with an alternative spot.

Welcoming Remarks / Mary Pat Hancock Genesee County Legislator:

"Genesee County included not only the Holland Land Purchase, but many other smaller land tracts. The County had six land companies with the Holland Land Purchase being the largest. It included two-thirds of the county lands and was located west of the Transit Line.  The other smaller companies were located east of the Transit Line and include one third of the county lands. The other land tract companies were the Connecticut, Triangle, Phelps & Gorham, Craigie and the 40,000 Acre.  

"When the Holland Purchase was made, the land was in Ontario County, with the county seat in Canandaigua. On March 30, 1802, Genesee County was formed with the county seat in Batavia. As populations grew, eight other Western New York counties were carved from the original Genesee County.

"The eastern boundary of the 3.3-million acre Holland Land Purchase bisects the old State Road, now known as Route 5, in the Town of Stafford. This boundary runs from the State of Pennsylvania north to Lake Ontario. The Holland Land Purchase extends west from this line to Lake Erie and the Niagara River.

"Today we honor the Holland Land Purchase and commemorate their Eastern Boundary."

Man who admitted to multiple burglaries in 2008 given chance to avoid prison term

By Howard B. Owens

A former Batavia resident accused of five burglaries locally has a chance to carry on his life without serving any time in prison.

Judge Robert C. Noonan ruled in County Court today that Samuel G. Malone, 27, can serve a year's interim probation before he is officially sentenced on his guilty pleas Aug. 12 to two counts of burglary, 3rd, and one count of attempted burglary, 3rd.

District Attorney Lawrence Friedman told Noonan he thought a prison term was the appropriate way to deal with Malone, who committed his local burglaries in 2008 and avoided detection until he was arrested in another county in January.

The arrest in another jurisdiction helped Batavia PD match Malone's DNA to blood found at three burglary scenes in the city.

Malone was later charged in another local residential burglary and admitted to burglarizing the former Clor's location on Pearl Street.

Noonan was apparently persuaded to give Malone another chance based on pre-sentence reports from the probation departments in Allegheny County, where Malone now lives, and Genesee County. Both reports recommended no prison time for Malone.

The maximum sentence available to Noonan was eight to 16 years in prison.

Malone is on probation on his conviction in another county, so he faces consequences there as well as Genesee County if he violates the terms of his release.

For previous coverage of the Samuel Malone case, click here.

One vote decides Le Roy justice race, DeJanerio holds onto county seat

By Howard B. Owens

A one-vote margin was all the difference needed to elect Michael Welsh town justice in Le Roy.

He beat Scott McCumskey 817-816, according to the Genesee County Elections Commission, which completed counting absentee ballots from last week's election.

In the other closely watched and tight race, incumbent Ed DeJanerio held onto his 21-vote margin over challenger Bob Bialkowski for a 405-372 victory.

Corfu trustees plan first step toward study of dissolving village government

By Howard B. Owens

There are some residents who have been pushing to dissolve the Village of Corfu for a decade, said Trustee Ken Lauer.

Depending on the outcome of a meeting early next month, they may get their chance to take a serious look of what the future would look like without a Corfu municipal government.

At its first meeting in December, the village trustees will hear from a grant writer who will explain what it takes to study whether to dissolve the village.

The cost of the study can be from $40,000 to $50,000, according to Deputy Mayor David Bielec.

While there's grant money available from the state, if the village accepts the grant and then doesn't complete dissolution, the local government will be on the hook for half the cost of the study.

"There's a very good possibility the village won't want to take that kind of chance," Blelec said.

The study will answer, or try to answer, all of the unknown questions of dissolution -- will elimination of the court and police department save money; who will plow sidewalks and pick up yard waste; what other services will be lost; how will it effect sewer payments; what happens to the current village department; and most importantly, can village residents realistically expect lower taxes?

"I think it's a good idea, but until you do the financials, you really don't know," Blelec said.

Lauer is also on the fence.

"Am I for it or against it? I want to see the study," Lauer said. "There's good points and there's bad points as far as I can see. As a citizen I've often said what am I paying for?  If I'm paying $300, $500 a year in taxes to the village, what do I get? The sidewalks plowed. Brush pick-up. That's really about it."

Both Lauer and Blelec said they don't believe the turmoil of the past two years -- from the theft of court funds to the behavior of Mayor Ralph Peterson -- are what's driving talk of dissolution. The idea was already in the air before those issues came up.

"It helped bring it to a fruition, but I don't think it was a cause, a direct cause," Lauer said.

No employees will be out of work in wake of devastating fire at Baskin Livestock

By Howard B. Owens

The Friday morning after a fire destroyed key components of the feed-making process at Baskin Livestock, one of Bill Baskin's newest hires walked into his office. He was certainly wondering if he still had a job starting Monday morning.

"I said, 'Joe,' " Baskin said, " 'Don't worry about it. Come here Monday. You've got a job.' "

Baskin hired two new workers last week and both, like his other 50 employees already on the Baskin payroll, all have jobs, he said. There will be no layoffs even though it will be months before the feed operation is fully operational again.

The feed portion of Baskin's business involves collecting waste from large bakeries operating throughout the Northeast, drying it (if it's not dry), separating it from packaging (if it's packaged) and grinding it into grain that can be used as feed for cows.

Baskin Livestock processes 1,500 tons of feed each week.

The company has hardly missed a beat since Thursday night's fire. Trucks keep bringing in waste product and Baskin has lined up agreements with three other similar operations to buy the waste Baskin collects and sell him back the finished feed, which he can then sell to his customers.

There's been some lost sales in the immediate aftermath of the fire, Baskin said, but the procurement side of the business has continued nonstop.

"Procurement is important because a place that is making cookies or donuts or cakes, if they can't get rid of their waste, they have to shut the plant down," Baskin said.

We may never know how the fire started.

The ignition point was somewhere in the area of the equipment that screens and separates material for feed.

"Was it in the fan, was it in the cyclone, was it in the compactor motor? I can't tell you, but that's where the fire started," Baskin said.

Ironically, Baskin was just four weeks from finishing the installation of new equipment that would have pretty muck taken the equipment where the fire started out of production.

"If that was the case (the new equipment in place), the part that failed, whatever part it was that failed, would not be in use," Baskin said.

Baskin hasn't sat down and totaled up the cost of the damage yet, he said, but it's probably approaching seven figures and could exceed a million dollars.

That doesn't count temporary lost sales and the big cut into profit margins while his feed is being processed in out-of-state plants.

The big unknown is how much damage the main building, the warehouse, sustained. It will take a battery of structural tests on the I-beams and foundation to determine if the building is still structurally sound.

"Our structural engineer who designed the building said it's all a function of how hot it got and how fast it cooled," Baskin said.

"You don't want to have a two-foot snowstorm," he added, "and have your roof sitting on your equipment."

The other irony of the fire, Baskin said, is it started in the screening area of the process, not with the burners.

The fire that severally damaged Baskin Livestock five years ago started in the burner and the current system is built with state-of-the-art fire-suppression technology.

If the burner detects even an errant spark it ejects the product being dryed onto a cement pad outside the building and the system is deluged with water.

"We've got so many safety features built in on the drying end because you figure you're running 1,400 or 1,500 degree burner to dry this feed, 25 million BTUs, with all kinds of opportunities for failure there, so everything is designed around that," Baskin said. "Then we've been running this (the screening area) for years without a problem and that's where the failure was."

Baskin had just climbed into bed when he got the call from an employee that there was a fire and when he and Susan looked out their window, they could see the glow.

Baskin jumped in his car and rushed to the plant. He immediately got an a skip loader and created a fire break in the warehouse, moving product on the floor away from the burners and the north side of the building to slow the opportunity for the fire to spread to those pieces of critical and expensive equipment.

When firefighters were on scene and had sufficient water supply, he implored them to fight an interior fight in the warehouse to keep the fire from spreading north, and the strategy appears to have worked.

Baskin is grateful for the support of so many people in the community, the close friends he and his wife, Susan Blackburn, have made in the 21 years they've lived here. He also praised the Bethany Fire Department in particular, but all of the departments that responded to the fire, for their hard work and dedication to their jobs.

Even his customers have set aside hard-nosed business negotiation to offer their support and express their desire to keep doing business with Baskin Livestock.

"The bakery people say we're glad you're OK because you're really important to us," Baskin said. "I've had customers say we can cut back a little bit but we really want to keep your product in our product flow. What can you so to help us get through until you're back full steam? It's gratifying that at the end, after you're done fighting over price, fighting over product, there's that kind of concern."

He's told his employees not to worry about their jobs, that Baskin Livestock will be a bigger and better company once the plant is fully functional again.

Baskin estimates the plant will be 75 percent operational by Christmas and up to 100 percent by March 1.

In an interview Monday, Bill Baskin was all business talking about his business, but when asked what was different or what was the same about this fire and the fire five years ago, Baskin said there was a key similarity between the two fires -- and this is when he got a tad emotional -- that nobody was hurt.

"I couldn't have been through it once, much less twice if anybody got hurt," Baskin said. "The rest of it can be replaced. It can be rebuilt and be bigger and better or whatever, but for me, that's the take home. Nobody got hurt."

Top photo: Bill Baskin, right, meeting with an insurance adjuster Monday afternoon.

Here's the slide show we published Friday morning of Thursday's fire:

Minor injury accident reported on Thruway in Pembroke

By Howard B. Owens

A car has reportedly traveled well of the roadway on the Thruway in the area of mile marker 403 in the west bound lane.

Pembroke and Indian Falls fire departments along with Mercy EMS are dispatch for what is reportedly a minor injury accident.

UPDATE 1:06 p.m.: One person transported to UMMC with minor injuries.

Fire on Davis Avenue claims life of 87-year-old resident

By Howard B. Owens

Davis Avenue is a quiet street tucked in a corner of Batavia between Franklin Avenue and Williams Park.

The residents tend to be homeowners who have lived on Davis as neighbors for many years. They all know each other, said Officer Darryl Streeter.

As word spread early this morning that 87-year-old George A. McConnell did not make it out of his house at 10 Davis Ave. before the back of the structure became engulfed in flames, the shock and grief was apparent among the neighbors who watched the scene on a cold and snowy night.

"It's a very tough situation," Streeter said moments after comforting a neighbor.

Streeter was the first emergency responder on scene. He found George's wife, Candace, on the back porch trying to get out.

"I made entry into the house and got to the main kitchen, living room area and tried to make it upstairs but the smoke was too intense," Streeter said. "I stepped out, tried it a second time, but I just couldn't get any further than the kitchen itself."

At that point firefighters arrived and the back area of the second floor -- where George's bedroom was located -- was fully engulfed in flames.

The fire was knocked down in less than 20 minutes but firefighters found it difficult to make entry into the house because of what Chief Jim Maxwell characterized as "clutter." 

"It was quite a chore getting through everything," Maxwell said.

The cause or origin of the fire has not yet been determined.

Candace McConnell, who is 61, was uninjured and was taken in and being assisted by a neighbor.

George McConnell was born Dec. 25, 1925.

House in flames, man trapped upstairs, on Davis Avenue in the city

By Billie Owens

A house fire with a man trapped inside upstairs is reported on Davis Avenue in the City of Batavia. It was called in as a living room on fire. The house is filled with smoke and a responder on scene says flames are showing. A female was able to get out the back door, but her husband remains upstairs. Mercy medics are responding along with city fire and police. Smoke is now reported coming from the upstairs rear of the house.

UPDATE 2:16 a.m.: The second, third and fourth platoons are called in.

UPDATE 2:17 a.m.: The Alexander Fire Department's Fast Team is called.

UPDATE 2:20 a.m.: Darien fire's cascade equipment is called in and Town of Batavia is asked to stand by in its quarters. A second ambulance is requested.

UPDATE 2:22 a.m.: City command reports high temperatures inside the house, which is filled with smoke. Additional manpower is called to handle traffic.

UPDATE 2:24 a.m.: The traffic detail is for Alexander, to direct traffic at routes 20 and 98.

UPDATE 2:29 a.m.: Most of the fire is knocked down, but flames are still showing on one side of the house. The man has not been extricated. Flames are going through the roof in the center of the structure. Davis Avenue is between Williams Park and Franklin Street.

UPDATE 2:39 a.m.: Firefighters were able to gain access to the upstairs about five minutes ago.

UPDATE 2:43 a.m.: The fire is knocked down. They are starting to overhaul the structure.

UPDATE 2:46 a.m.: National Grid has arrived to cut power off, but can't access the scene yet because of the number of fire engines there.

UPDATE 4:15 a.m. (by Howard): George A. McConnell, 87, did not survive the fire. He was in bed on the second floor of the house in the rear where the structure sustained the heaviest damage. He was unable to get out and the area was heavily involved in fire and smoke by the time the first crews were on scene. The cause of the fire has yet to be determined. McConnell's wife, Candace, 61, was not injured. A full story is coming.

UPDATE 4:21 a.m. (by Howard): Fire command is requesting six cat carriers to help contain multiple cats. Animal control is not yet on duty. Dispatchers will see what they can do.

UPDATE 4:24 a.m.: Darien fire is clearing the city's scene. The chief is returning to the Route 20 accident. The truck is returning to have its cascade system topped off.

UPDATE 4:53 a.m.: Photos below submitted by Frank Capuano.

UPDATE 5:15 a.m.: Town of Batavia going back in service.

Route 20 closed for truck accident, downed wires

By Howard B. Owens

Route 20 in Darien is closed for an accident involving a tractor-trailer that hit at least one utility pole. 

A second truck apparently became entangled in low-hanging power lines following the initial accident. 

The driver of that truck has been instructed to stay in his cab pending arrival of National Grid. 

Two utility poles are down.

The first truck may be transporting some sort of radioactive material, perhaps used in X-rays. 

Darien Fire Department is on scene. 

Alexander fire has Route 20 shutdown at Route 98. 

UPDATE 12:39 a.m. : A chief informs dispatch, "we have power lines down on both sides of the road and a truck in the middle of the road that is energized. We're really not going to be able to do anything until National Grid gets here. No ETA for National Grid. 

UPDATE 5:41 a.m.: Route 20 is being reopened.

Man suspected of firing shots at patrol vehicles Monday morning arrested

By Howard B. Owens

A 49-year-old Alabama resident is being held without bail and facing two felony charges in connection with an alleged shots-fired incident at a residence on Bloomingdale Road early Monday morning.

Reuben Lay is charged with criminal possession of a weapon, 3rd, and reckless endangerment, 1st, both Class D felonies. He's also charged with misdemeanor counts of criminal obstruction of breathing or blood circulation and harassment, 2nd.

The incident began at 1:49 a.m. when dispatchers received a call from a woman on Bloomingdale Road saying she had been strangled.

As a deputy and trooper responded, she told dispatchers that her alleged assailant had gone into another room of the house and was trying to get his hands on a gun. She then reported he had the gun and had loaded it.

By the time law enforcement arrived, she was outside, in the driveway.

Shortly after the officers reported being on scene and speaking with the caller, a deputy told dispatchers, "Genesee, he just shot at my car. All units are backing out of the driveway. He just shot at the car."

A trooper then says, "We're out of there. Another gunshot."

An officer then said, "It sounds like a .22 rifle."

"They're close. They're close," said a deputy. "Wherever he's shooting from, get the --- out of there."

Minutes later, the Emergency Response Team was requested to the scene.

Because it was not a hostage situation and there was no signs of immediate danger, the ER team assembled at Batavia PD took some time making preparations to respond. About an hour later, the decision was made by the Sheriff's Office that ERT would not be needed.

We've requested more information from Chief Deputy Gordon Dibble about what happened next, but with the holiday, he has not responded to our request for more information.

Tonight, a press release about the arrest of Lay as the suspected shooter was issued by the Sheriff's Office.

Previously: Active shooter reported on Bloomingdale Road

Photos: First snow of the season

By Howard B. Owens

Linda Delecki, a Buffalo resident, came out from her job at Advanced Imaging in City Centre, and exclaimed, "Isn't the snow beautiful?" She then pulled out her camera phone and took a picture of her car before wiping away the snow with a friend's brush.

Just as the weatherman predicted, we're getting snow tonight and the roads are slick.

Below, a picture of St. James.

Box trailer on its side on Route 63, Pavilion

By Howard B. Owens

A tractor-trailer is on its side on Route 63 near Starr Road.

All traffic is being stopped at Starr Road.

Pavilion fire is on scene.

No word yet on injuries, if any.

UPDATE 9:37 p.m.: Fire chief, "Be advised, he's carrying turkeys." Dispatcher responds, "Copy. No potential hazard there."

UPDATE 9:43 p.m.: Responding Mercy medics advised they can take their time responding.

UPDATE 10:24 p.m.: Route 63 reopened. Pavilion back in service.

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