A group of local hunters packed into the committee room of the Old Courthouse on Monday to back a proposal to allow hunting of big game in Genesee County with rifles.

All but a handful of counties in New York have amended their laws to allow rifles for big game hunting.

In Genesee County, that means deer, and occasionally (when the DEC allows it), bear.

Legislators Robert Bausch and Ed DeJaneiro asked to have the proposal tabled because they felt they hadn't yet had enough time to study it nor get feedback from constituents.

DeJaneiro said he was always told as a kid that rifles weren't allowed in Genesee County because with all the flat land, there was no way to stop a bullet.

Jack Taylor, one of several members of SCOPE at the meeting, dispelled some of that myth.

First, he said, Genesee County isn't as flat as some might think. He suggested looking now Main Street in the city, people tend to believe the street is flat, but there's actually dips and rises.

Second, because hunters with a rifle know the power of the weapon in their hands, they're also a lot more careful than some might be with shotguns.

"If you have the mentality this is a rifle, this will go a long ways, it makes you a more responsible of a shooter," Taylor said.

Also, because rifle projectiles break up on impact, they are not as likely to ricochet as a lot of projectiles used in shotgun shells today.

Taylor told the story of a hunter in Wyoming County who fired a shotgun at a deer and the copper bullet hit a tree and bounced back and hit the hunter's uncle.

That wouldn't happen with a rifle bullet, he said.

He said the DEC has found that hunting safety has actually improved in counties that have changed their laws to allow for big game hunting with rifles.

"Just so everyone knows, this is an option, not a mandate," Tim Grooms said. "Some hunters are interested in this because we want a more accurate shot. For one thing, there's the issue of the cost of ammunition today. We pay $3 to $5 for a shotgun slug and might fire several, but it's $1 for a rifle bullet and we'll fire just one. It's a whole better scenario. We hunt with fewer shots and it's better for the deer."

In order for the law to be changed, the Legislature must pass a resolution asking the State Legislature to amend the county's local law.

A bill can't be introduced in Albany until January. That gives the local legislators some time to get more familiar with the issue and get feedback from constituents.

The Public Service Committee will take the issue up again at its Oct. 14 meeting.

Yes, there are still problems with the new emergency radio system, county legislators were told Monday, but the Sheriff's Office is confident all of the issues can be resolved and Rochester-based Harris RF will deliver the quality communication system it promised the county.

In the field, members of law enforcement and fire services continue to report problems, and those problems are logged with an eye toward resolving all issues, said Steve Sharpe, director of emergency communication.

Three new communication towers have been built, to go along with the three that already existed, but they're not yet fully operational and tested.

The county is paying $10.8 million for the system (about half of the money comes from state and federal grants) and legislators want to ensure Harris is fulfilling its contract.

Legislator and Public Service Committee Chairwoman Maryanne Clattenburg said for what the system cost, everybody certainly expects it work as well or better than the old system.

The change over in communication systems was mandated by Homeland Security as part of its effort to create a nationwide interoperable emergency communication network.

There's still about $1.3 million due in payments to Harris and that money is being withheld until the county is convinced the system is working right.

"There's no date specific for Genesee County to sign off and close out the project," Undersheriff William Sheron said. "Until all the work is done, there's some power with Harris in how much money hasn't been released."

The contract calls for the Harris system to provide 95 percent coverage of the county. That doesn't mean 95 percent geographically, but that 95 percent of the calls provide functional two-way communication.

There are apparently dead spots in the county and Harris is working the the Sheriff's Office to address those issues.

"The bottomline is that 95 percent technically meets the standard, but that's not going to mean we're going to say, 'OK,' if there's still issues," Sheron said. "We're going to sit down with Harris and talk about it."

Sheron said he's confident the remaining issues can be solved with Harris.

Washington Post: Adrian Peterson must beat his upbringing

Lewis & Lewis has transformed from a solo practice 70 years ago into one of Western New York’s largest combined workers’ compensation and personal injury firms. Lewis & Lewis’s transformation has been an exciting journey that has included the expansion to five offices, with 15 skilled attorneys who are passionate about putting their clients’ needs and rights at the forefront. For more information visit www.lewislaw.com.

Use a gun, go to prison.

Judge Robert C. Noonan applied that principle to 23-year-old Akeem Simmons today, handing down a 20-year prison term to the thrice convicted burglar.

"I can't think of any reason why you would bring a gun into a home invasion burglary other than kill somebody if you were caught," Noonan said. "I just can't think of any other reason."

Simmons was convicted Aug. 15 following a jury trial of first-degree burglary, criminal use of a firearm 1st, and conspiracy, 4th.

Noonan dismissed the firearm charge today because the burglary, 1st, conviction covers the use of a weapon in the crime, but Noonan still made it clear it was an important element of the crime.

Simmons and 18-year-old Nathaniel Davis were arrested Jan. 14 shortly after Batavia PD received a report of a burglary in progress at 28 Park Ave.

Davis was found with the handgun, but testimony at trial, Noonan noted, established that it was Simmons who brought the gun to the burglary and influenced Davis into joining him in break-in.

"It's very clear to me you were the moving force of a home-invasion burglary," Noonan said.

Simmons made no statement in court today.

As an adult, he has a prior burglary conviction in Monroe County, which counted as a predicate violent felony for the purpose of today's sentencing. He also has a prior burglary conviction that was given youthful offender status.

Before Noonan pronounced sentence, defense attorney Thomas Burns made a motion for a delay in sentencing because he suspects an undisclosed deal between the District Attorney and Davis for the testimony Davis provided at trial.

"I think it would be completely unfair to my client that any kind of wink-wink agreement between the prosecution and his attorney would be done in such a fashion," Burns said.

Noonan asked if he had any evidence of an agreement and Burns said the point of holding a hearing on his motion prior to sentencing would be aimed at uncovering any evidence.

The fact that Davis entered a guilty plea after the trial to a lesser burglary charge, Burns said, and after Noonan's plea cut off date, certainly suggests a backroom deal.

"I don't know how this is meted out without having princple players describe under oath what took place," Burns said. "I don't think that's unreasonable."

Noonan said his plea cutoff dates are not anything in statute, but used exclusively to help the court manage its calendar, and given the fact that Davis "implicated himself 100 percent" during the Simmons trial, it warranted giving him another shot at a plea deal.

Without evidence of a rights violation, Noonan wouldn't delay sentencing today and said Burns is always free to make a motion later if he uncovers any evidence of an undisclosed, inappropriate deal for the testimony of Davis.

Joseph Allen Hogan, 46, of Bank Street, Batavia, is charged with four counts of petit larceny and five counts of falsifying business records. Hogan is accused of altering weight slips at Ed Arnold Scrap in order to receive overpayment on scrap. Hogan was jailed without bail.

Christopher M. Colantonio, 35, of South Swan Street, Batavia, is charged with petit larceny and forgery, 2nd. Colantonio was arrested on a warrant for allegedly stealing checks from a woman he knew, forging them and cashing them at a local bank. Colantonio was jailed on $2,500 bail.

Thomas E. Hensel, 31, of East Main Street, Batavia, is charged with possession of burglar tools. Hensel was allegedly found in possession of a full set of lock picks at a location on Pearl Street at 10:25 p.m. Saturday.

Anya R. Rambuski, 44, of Birchwood Drive, Batavia, is charged with driving while ability impaired. Rambuski was stopped at 11:58 p.m. Saturday on West Main Street, Batavia, by Officer Marc Lawrence.

Linda L. Fagan, 65, of Ross Street, Batavia, is charged with petit larceny. Fagan allegedly got rid of several instruments and other property owned by her brother.

Robert J. Propst, 34, of Maple Street, Batavia, is charged with harassment, 2nd, and endangering the welfare of a child. Propst was allegedly involved in a domestic incident in which he grabbed the shirt of the victim, threw her phone and was yelling at her in the presence of children. Propst was jailed on $2,000 bail.

A 16-year-old resident of East Avenue, Batavia, is charged with harassment, 2nd, and criminal contempt, 2nd. The youth allegedly threatened another person, violating an order of protection.

Paul M. Gelardo, 29, of Fargo Road, Stafford, is charged with petit larceny. Gelardo allegedly stole a bicycle from T.F. Brown's.

A pair 17-year-olds from Buffalo are charged with petit larceny. The two youths are accused of stealing money from their employer at the time, Darien Lake Theme Park.

Jeffrey John Farrell, 27, of West Avenue, Medina, is charged with petit larceny. Farrell allegedly stole $433.74 in merchandise from Walmart.

Kimberly Ann Pietrzykowski, 26, of Old Telephone Road, Bethany, is charged with petit larceny. Pietrzykowski is accused of stealing $204.90 in groceries from Walmart. The shopping cart of groceries was recovered in the parking lot of Home Depot.

Bradley J. Barnard, 19, of Byron, is charged with petit larceny. Barnard is accused of taking a carbonated beverage and placing it in his backpack while in the cafeteria at GCC. Surveillance video was used to confirm the alleged theft.

Kyle B. Sovocool, 21, of Le Roy, is charged with promoting sexual performance of a child less than 17 years old, possession of sexual performance by a child and criminal possession of a weapon, 4th. Sovocool was arrested as the result of a State Police investigation stemming from a Jan. 22 complaint. Sovocool was jailed on an unspecified bail. No further details released.

Press release:

The City of Batavia Fire Department will be flushing fire hydrants on Wednesday, Sept. 17, Thursday, Sept. 18, and Friday, Sept. 19, from approximately 9 a.m. to 3 p.m. each day, in the general area south of East Main Street and east Jackson Street. Homes and businesses nearby will be affected. These tests may result in a temporary discoloration of water in that area. As in the past, please do not attempt to wash any clothing if your water appears discolored.

A second man has been arrested in an alleged attempt to cash forged checks at a Le Roy bank last week, and investigators say the scheme is part of a larger forgery ring based in out of state.

Le Roy PD, as part of a joint investigation with Batavia PD, has arrested 40-year-old O'Neil O. Llewellyn, of Hudson Street, Syracuse.

It's alleged that Llewellyn entered the bank knowingly in possession of a forged check with the intent to cash the check.

He is charged with one count of criminal possession of a forged instrument, 2nd, a Class D felony.

Further charges are pending in Batavia.

Last week, Le Roy PD arrested Thomas A. Webb, 54, of Syracuse, and charged him with criminal possession of a forged instrument, 2nd.

Webb was arrested after a bank employee called about two people in the bank trying to cash forged checks. Webb was apprehended at the scene while the second person fled.

Le Roy investigators say it appears that an out-of-state forgery ring went to Syracuse and recruited area residents to cash forged checks. The recruits were then driven around New York to various bank locations, where they attempted to cash the forged checks. 

Each recruit received a small percentage of the value of a successfully cashed check.

Llewellyn was ordered held on $10,000 bail.

In addition to goldenrod, purple loosestrife is among our most colorful and prolific late season blooms.

The showy, magenta-colored flowers are attractive and eye-catching among young and old alike. And while loosestrife really brightens the landscape, it does come with a downside.

It can thrive in the damp soil of a roadside ditch....

or run amok in and around wetlands -- and therein lies the problem. A non-native plant, purple loosestrife can easily take over large tracts, in the process choking out beneficial plants like cattails, rushes and sedges, which provide food, cover and nesting for waterfowl, furbearers and a wide variety bird species.

The Batavian: Proposed second Dunkin' Donuts in city fails to get approval from county planners

The Blue Devils squad that took to Woodward Field on Saturday night put on a brand of football that hasn't been seen from the bleachers of Van Detta Stadium in many years.

Dominating on offense, defense and special teams, Batavia crushed Wellsville 57-20, to the point that third-year Head Coach Brennan Briggs was almost apologetic to Lions' leader Wayne Stonemetz.

"I don't love being in this situation because I've never been on the side where we're up so big," Briggs said. "It was great because we got to get everybody in the game, but at the same time you don't want to try and run that score up, because I totally believe in being a first-class guy and I don't want to send the wrong message that we tried doing anything like that."

By the 4th quarter, however, it was almost as if the Blue Devils could do nothing but score, notching TDs after a kickoff miscue by the Lions, then scoring on a kickoff return by Anthony Gallo and finally scoring with seconds left while trying to run out the clock with the second-team offense.

Where did this motivation to dominate come from? Briggs blames Livonia, who last week beat Batavia 16-13, scoring with just seconds left in the game.

"I think it brought us closer," Briggs said. "We showed Livingston County that we can play with the best in Livingston County because they were saying Livonia was the best team. I think our kids saw OK, we lost in the last second, but we hung with them. That loss really cut them deep. They realized, this about the team and we can battle with some of the best."

Briggs called the win a team effort and several players did contribute throughout the night.

Dom Mogavero gained 108 yards and scored three TDs on 10 carries. Ahdeosun added two more TDs, gaining 64 yards on 11 carries. Anthony Gallo's two TDs came on a 55-yard kickoff return and a 45-yard reception.

QB Greg Mruczek tossed the ball for 66 yards and one touchdown.

On defense, Trevor Rittersback had 11 tackles, including one for a safety, and James Cryer had 7.5 tackles and an interception.

"I love this team. I really do," Briggs said. "They're about as strong as they're going to get together as a unit. This is one of the closest-knit teams I've seen in quite some time."

The community saw something from the Blue Devils that should encourage them to pack the stands in 2014, coaches told the players after the game. 

Asked what the community can expect this year, Briggs said, "I want them to know these are tough kids. They work hard every day. They grind it day in and day out. There aren't many of them, but they've bought into this system. They're a disciplined group of kids and they're here to have fun and play football."

Next up, Hornell in Hornell, which leaves little time to savor the victory.

"We've got to turn the page and be ready for Hornell next week, because Hornell is not going to care what we did this week," Briggs said. "It's one game. Yes it's good for the kids and I'm happy for them, but we need to turn the page."

Briggs is chomping at the bit for a little bit of revenge.

Two years ago, the last time the two teams met, Batavia managed to take an eventual championship team into a 14-14 tie at the half, but Hornell pulled away in the second half for a 30-14 win.

"It left a sour taste in my mouth and I just want to go down there and hopefully show them that, hey, we can go out there and we can smashmouth it with ya and we can get the ball out to our athletes," Briggs said.

Top photo: Dominick Mogavero dives into the end zone in the first quarter.

James Cryer snags an interception.

Wellsville punter Josh Cline breaks free of Batavia's Trenton McGraw while still in his own end zone. While pinned deep in their own territory, Wellsville faked a fourth-down punt and Cline gained about 70 yards on his run, setting up a Wellsville touchdown.

Richy Ewell scores for Wellsville.

Noah Dobbertin blocks a pass from Brett Migliore.

Batavia running back Ahdeosun Aiken with positive yardage.

Dominick Mogavero cuts toward the endzone on another score.

Block That Punt: And that's exactly what the Blue Devils defense did for a touchdown.

Ahdeosun Aiken scores.

Anthony Gallo scores on a kickoff return.

To purchase prints and ensure you have copies of these pictures for years to come,click here.

Alexander 16, Notre Dame 6. Notre Dame scored first on a three-yard run by Jack Sutherland late in the first quarter. In the second quarter, Alexander answered with two TD drives, scoring on a three-yard run by Ty Laird and a 25-yard interception return by Tristan Aldinger. Zack Shilvock hit both PATs. The Trojans scored on a safety in the third quarter when Josh Hylkema blocked a punt out of the end zone. Laird rushed for 61 yards and a TD on 10 carries. Aldinger had seven carries for 42 yards. Laird added 10 tackles and Derrick Busch had five, two sacks and an interception. Rick Maico had six tackles and a sack. Sam Browne also picked off a pass. Alexander is 1-1 and the Fighting Irish are 0-2.

Oakfield-Alabama 28, Nichols 34. The Hornets dropped an overtime game to Nichols 34-28. O-A is now 1-1. Allen Chatt was eight for 17 for 121 yards and a TD, plus nine carries for 34 yards. On defense he had seven tackles and an interception. Ryan Emery had 13 carries for 70 yards and a TD, plus six tackles and a sack on defense. Jon Harris had 11 tackles. Jake Mandel had two receptions for 44 yards and a TD. Sal Schwable had four receptions for 47 yards. Reice Woodward had a 52-yard kickoff return.

Attica 35, Pembroke 6. Pembroke moved to 0-2 with a home loss to Attica. For Attica, Nick Shadbolt gained 82 yards on 14 carries. He scored three touchdowns. Jak Stzelec rushed nine times for 104 yards and a TD. Phil Wilshire had 10 tackles. Kyle Green had nine tackles and a sack. Attica starts the season at 2-0.

See Also:

• Le Roy overpowers Avon, 47-8
• Lancers off to a fast start with second win against Holley, 32-6
• Blue Devils look like a resurgent team against Wellsville with 57-20 victory

For Wyoming County coverage:

• Letchworth downs Perry 28-14
• Warsaw rolls over Cuba-Rushford behind big ground game

Photos by Rick Franclemont. For more photos from the game, click here.

Elba/Byron-Bergen grabbed a share of the Genesee Region lead Saturday with a convincing 32-6 victory over Holley Central.

In week two, only the Lancers and Attica remain undefeated.

The victory Saturday, Head Coach Mike Cintorino said, shows his team can bounce back from adversity.

"We had a couple of guys go down last week and a couple of guys go down this week and we had guys ready to step in and do those jobs," Cintorino said. "It shows that they've been putting in the work both during the off season and during practices. They know their responsibilities and their jobs and they're ready to go."

The offense Saturday was led by Steele Truax, who rushed for 108 yards and two TDs on 20 carries.

"That's what Elba does is ground and pound," Truax said. "That's what we do. That's what we like to do."

QB Garrett Chapell was 4-8 for 56 yards and two touchdowns.  

John Hochmuth caught both of those two TD passes and gained 44 yards on the day.

Pitching in on the ground game was Richard Flores with seven carries for 46 yards and a TD.

On defense, Truax had 18 tackles. Hunter Taylor had 13 tackles and Mike Shanley had an interception.

The Lancers held Holly to 108 total yards of offense.

Holley's lone score came on a five-yard run by Zachary Day with about two minutes left in the 4th quarter.

Cintorino said he was really pleased with the play of his young linemen, who are still all underclassmen.

"They've come a long way from where we were last year," Cintorino said. "You know, we had almost this same exact starting line last year. We have them again this year and we have them for another year, so the more they continue to learn, the better  job they're going to do and the more they're going to spring their teammates like they did today."

Chapell said he's looking forward to seeing how this team performs over the course of the season.

"We'll have a good year," Chapell said. "We've got a good receiving corps, good line, good backs, so the rest of the season will be interesting."

Next up for Elba/BB, archrival Notre Dame.

The tables are turned a bit in week three compared to recent history. While the Lancers are undefeated, the Fighting Irish come into the came at 0-2.

"When you get into that game, you throw the records out," Cintorino said. "We've been on the other side of it and we kind of know where they're at right now in terms of being 0-2."

Both teams will be highly motivated when they hit the gridiron on Notre Dame's home turf, Cintorino said.

"It's one of those things where you throw the records out because at the end of the day it doesn't matter," Cintorino said. "They're always focused to face each other, no matter the sport. No matter if it's football, boys basketball, girls basketball, softball, soccer, it's a nice little rivalry between the two schools, so records really don't mean anything going into that game."

Top Photo: John Hochmuth sprints toward the end zone for a touchdown.

Steele Truax scores in the first quarter.

Richard Flores breaks free on his way to the end zone.

Garrett Chapell hands off to Steele Truax.

Garrett Chapell sweeps wide on a keeper for some positive yards.

To purchase prints and ensure you have copies of these pictures for years to come, click here.

A possible chimney fire is reported on Horseshoe Lake Road. Stafford and Town of Batavia fire departments are responding.

UPDATE 8:14 p.m.: Le Roy Fire Police are requested to shut down Horseshoe Lake Road at Prole Road.

As a QB and a DB, Mike McMullen had a big night at Hartwood Park to help lead Le Roy to another dominating victory over a Livingston Conference opponent.

McMullen was 14-22 passing for 138 yards and three TDs. On defense, he made two interceptions. One set up the Oatkan Knights first touchdown, making the score 7-0 late in the first quarter. The second McMullen returned 55 yards for a TD, giving Le Roy a 21-0 lead early in the third quarter.

Head Coach Brian Moran praised McMullen's leadership in helping the Knights notch a 47-8 win.

"Going into half time, I thought that two-minute drill that Mike McMullen ran was outstanding," Moran said. "We were able to move the ball pretty well 80 yards in two minutes and nine seconds.  I thought he did a good job of leading that charge."

Through much of the first half, there was nothing about the Le Roy-Avon matchup that suggested the game would be a blowout.  

"At the start of game, take a look at the tempo," Moran said. "They wanted to run it. I think they did a good job trying to slow us down. You don't get a first down once or twice and you look up and all the sudden it's midway through the quarter."

That's one reason the end-of-the-half drive put together by McMullen led to such a huge momentum shift in the game. It allowed the Knights to reassert control of the game's pace.

McMullen had a lot of help from a Le Roy team that so far has shown its got the tools to win not only on offense, but a seemingly unbreakable defense and line play on both sides of the ball that gets the job done.

Of the offensive line, Moran said, "They're beginning to gel as a unit and that's important. We're going to continue to focus on that as we get later in the season. They have to really perform for us to be successful. They're getting better every day and they're working hard. It's a pleasure to coach a group that works as hard as this group does."

Jon Pierce also had another big night, running the ball 16 times for 108 yards and TD. He also caught a 25-yard pass for touchdown.

Tom Kelso carried it seven times for 43 yards and a TD. Jake Henry had five receptions for 54 yards and a TD. Tyler Prinz had a touchdown reception and Nate Flint scored a TD.

With the game in hand by the fourth quarter, Moran put the second offense on the field and said he was pleased with what he saw, which included a scoring drive led by backup QB Brian Hodges.

"I'm especially proud of that second offense," Moran said. "I thought they put a great drive together late in the fourth quarter to score. That makes us a better football team, when our second team works hard and gets better every week like our first team."

On defense, Kelso had eight tackles, Nick Egeling six, Kody Lamkin five, include a sack, Hodges four, including three sacks, Reed Kacur, four and a sack.

The lesson of tonight's game, Moran said, is the Knights need to be ready to score when there may be limited opportunities against tougher teams, especially as the season progresses.

"As we take a look at it, we have to understand that you have to be flawless as you get into some big games," Moran said. "A team like Avon, the way they ran the clock, you have to understand you may only get two or three possession a half, so take care of the football and make sure you score on those opportunities."

Top Photo: Jon Pierce 25-yard TD reception in the fourth quarter, making the score 41-0.

To purchase prints, click here.

Bidding on Brighter Future Gala & Auction tonight at 5:30 at the Forum at Genesee Community College.

Press release:

A report of a gun on the Le Roy High School campus prompted a statement to parents earlier this week from the school district about the incident, but authorities say students were never in any danger.

The weekend incident began with a burglary on South Street. Items stolen included cash, jewelry and, it wasn't learned until later, a shotgun, said Chief Deputy Jerome Brewster.

Earlier, a 14-year-old and a 16-year-old had been reported missing from a foster home.

Det. John Condidorio, Le Roy PD, observed the two youths walking in the village and stopped to speak with them. He notified the Sheriff's Office and Deputy John Duyssen and Youth Officer Tim Wescott responded.

The youths were identified as suspects in the burglary as a result of interviews.

At first, only money and jewels were reported missing. Later, the Sheriff's Office learned of the stolen shotgun.

Through subsequent interviews, deputies were able to locate and secure the unloaded gun, which had been hidden in a tree on school property.

Brewster notified the school district of the possibility of a gun on campus as soon as that information was obtained.

The 16-year-old, Johnathan Michael Falk, of South Street Road, Le Roy, is charged with burglary, 2nd. He was jailed without bail.

The 14-year-old is being referred to Family Court.

Here is the statement issued by Superintendent Kim Cox after the incident:

Over the weekend the Genesee County Sheriff's department investigated a theft of an unloaded firearm from a residence on South Street. The item was found hidden in a tree at the edge of the Jr. Sr. High School property and South Street. It was recovered quickly after it was reported missing. The involved individuals were apprehended and are in police custody. I want to stress that at no time were any students or staff in any danger. The investigation of the incident is still ongoing. Once again, at no time was there any threat to students or staff at the Jr. Sr. High School. Thank you and have a good day.

If Craig Lawson had been properly escorted from the concert venue the night Kid Rock played Darien Lake a year ago July, alleges a Buffalo attorney, he never would have been able to deliver a devastating, life-altering sucker punch to Jason McNeil.

The punch took away the life Jason and his wife Pamela and their two children once knew in Tuscaloosa, Ala.

McNeil, 44, needs constant care after suffering serious head trauma as a result of the punch.

And he wasn't even Lawson's intended victim.

A federal lawsuit filed on behalf of the McNeils will attempt to determine to what degree concert promoter Live Nation and concert host Darien Lake Theme Park is responsible for that punch.

The McNeils are seeking $150 million in damages.

The suit alleges other factors that contributed to McNeil's injuries, said attorney Donald Chiari, but at the heart of it is how Live Nation security handled Lawson after the decision had been made to eject him from the venue for being drunk and disorderly.

Lawson was taken to the concert venue gate (possibly the one known as South PAC), but the guard never completed the task of actually getting Lawson out the gate, Chiari said. If he had, there were security guards in place to keep him out of the venue.

There also would have been a fence between Lawson and the VIP gate, where McNeil was exiting the concert with Pamela.

While a Live Nation guard was taking Lawson to the gate, a person he had been in a confrontation with Lawson inside the venue was supposed to be leaving through the VIP gate.

That person wasn't McNeil.

With Lawson allegedly left unattended for a couple of minutes inside the concert venue, the 34-year-old Canadian ran over to the VIP gate, and in a case of mistaken identity, cold-cocked McNeil.

The punch delivered to a person he had no prior contact with is a fact Lawson admitted during his sentencing Aug. 18. He's currently serving a year in the Genesee County Jail on the assault charge.

McNeil was knocked out before his head hit the ground. He was in a coma by the time he arrived via Mercy Flight to ECMC and has required several surgeries and extended hospitalization since. He has suffered loss of speech; ability to read and write; and comprehend what people are saying; and the ability to walk.

The same security guard who allegedly failed to get Lawson out of the gate was one of the first on scene after the punch was thrown, Chiari said.

"The guard got there and said, 'Oh, my God, I was just throwing you out two-and-half minutes ago,' Chiari said, "that's literally in his statement."

It's not unusual -- as anybody knows who regularly reads arrest reports from concerts at Darien Lake -- for patrons to be ejected from the venue and then later try to return. There are frequent trespassing arrests at Darien Lake concerts. 

Chiari said the unique issue in this case is the alleged failure to follow through on getting a disorderly patron out of the concert venue so other patrons are properly protected.

"No premise's owner or any security is an absolute insurer of safety of third parties, but they still have to do what is reasonable," Chiari said.

The suit names as defendants Live Nation in its at least 10 various incorporations, Darien Lake (by three different corporate names), Craig Lawson, and the company, Contemporary Services Corporation, Live Nation contracts with for security personnel and training.

Not named in the suit is Kid Rock or the Genesee County Sheriff's Office.

Chiari said there is no plan to include the county in the suit.  

Live Nation pays for Sheriff's deputies to provide law enforcement on concert nights, but deputies do not enter the concert venue and from Chiari's description of events, it appears everything leading up to the punch happened within the venue.

The Washington Post recently published a story about the growing rowdiness and disorderly behavior at country music concerts nationally. It's not just a Darien Lake thing. Many contemporary music acts seem to encourage excessive drinking and concerts are often preceded by tailgate parties were copious amounts of booze are consumed.

The suit also names as co-defendants SMG Food and Beverage, and Aramark Sports and Entertainment Services, stating those companies were the vendors of alcoholic beverages the night of the concert. The suit alleges the vendors unlawfully sold alcohol to an already intoxicated Craig Lawson.

This afternoon, The Batavian requested comment from both Live Nation and Darien Lake and have not as of yet received a response.

UPDATE: This from a spokesperson with Live Nation: "We cannot comment on pending litigation."

UPDATE: We received this from Darien Lake: "Darien Lake confirms that on August 29, a civil lawsuit was filed by the family of Jason McNeil. As a matter of policy, we cannot comment on pending litigation." - Rod Rankin, General Manager, Darien Lake