The man accused of punching another patron following the Kid Rock concert in July at Darien Lake kept muttering, "he shouldn't have shoved my wife," according to the deputy who arrested him.

The officer testified at a hearing in Genesee County Court today, called a suppression hearing, which is a chance for the defense to challenge whether certain pieces of evidence will be allowed at trial.

In this case, Judge Robert C. Noonan ruled that Deputy Lonnie Nati will be allowed to testify about what the possible statements made by the suspect, 34-year-old Craig Malcolm Lawson, of Talbot Street, Courtland, Ontario, Canada.

Lawson is charged with assault in the second degree, a Class D felony.

He allegedly delivered a single punch to Jason McNeil, a former WNY resident who lives in Tuscaloosa, Ala.

McNeil was hospitalized and in a coma for weeks following the incident.

A source in contact with the family said McNeil is back in home, but "he will never be the same." His injuries are described as "catastrophic" and McNeil requires 24/7 care.

Nati was on the stand for about 30 minutes, being peppered with rapid fire questions from, first, Robert Zickl, an assistant District Attorney, and then by Jessica Kulpit, representing Lawson.

Nati testified that he was working the night of the incident in the parking lot of the Darien Lake Performing Arts Center.

At some time around 11 p.m., after the concert, deputies were handling crowd control and traffic during a period known at "the dump" (when everybody leaves and deputies and Darien Lake security work to get the parking lot cleared of cars as quickly as possible). 

Nati received a call of a fight in the area of South PAC. He was only about 50 or 60 feet away at the time of the call, he testified.

When he arrived, concert security had Lawson detained and another man was laying on the ground.

Nati directed Lawson over to a bench. Lawson said, "he never should have shoved my wife," while sitting on the bench, Nati said.

Within a minute a woman ran up, whom Nati later identified as Lawson's wife, and told Lawson not to talk to Nati.

"It was kind of funny," Nati said, "she kept running up to him, putting her hand on his mouth telling him to 'shut up, you want an attorney.' "

During this period, Lawson said he wanted an attorney.

In a few different ways and a few times, Kulpit asked if Nati read him his Miranda warnings. Nati answered pretty much the same each time: "No, because I didn't ask him any questions."

Nati said at no time did he ever question Lawson except to obtain what's known as pedigree information (name, date of birth, address, etc.).

From the time Nati first made contact with Lawson, through the ride in the security golf cart to the security trailer, to the time sitting in his patrol car while being booked, Nati said Lawson kept mumbling, "he never should have shoved my wife."

Nati described Lawson as intoxicated, but very cooperative.

"He was continuing with his drunken mutterings about 'he shouldn't have shoved my wife,' " Nati said.

The officer said he didn't observe any cuts or blood on Lawson.

After the hearing, when asked if she anticipated a trial for Lawson, Kulpit -- filling in for attorney Joel Daniels -- would not answer the question.

No trial date has been set. Lawson is scheduled to appear in court again at 1:30 p.m.

Previously:

• Key to Lawson case is one of intent in the single-punch altercation after July's Kid Rock concert
• Man accused of hitting fellow concertgoer at Darien Lake pleads not guilty in first court appearance
• Kid Rock apparently gives $5K to assist man in a coma after altercation
• Victim of alleged assault at Kid Rock concert making progress
• Alleged assault case at Kid Rock concert grows more complicated with news of serious injuries

It's still not clear who will represent Earl Sprague in his second trial on child sexual abuse charges.

Sprague, already serving a 21-year sentence on child sexual abuse charges, appeared in County Court today dressed in state prison green, to hear Judge Robert C. Noonan tell William Tedford from the Public Defender's Office that regardless of who represents Sprague, the trial is going forward March 24.

The 42-year-old former Alabama resident faces an additional eight felony  counts, including two counts of burglary, 1st, sexual abuse, 1st, criminal sexual act, 1st, aggravated sexual abuse, 1st, two counts predatory sexual assault, a Class II-A felony, and one count of assault, 1st.

The Class II-A felony carries a possible life sentence.

Last week, Sprague asked that Fred Rarick, who was court-appointed to represent him in his trial on 28 felony counts, be dismissed as his attorney for the second trial.

Noonan granted his wish and assigned the case to the Public Defender's Office.

Today, Tedford asked Noonan to delay the case because Tedford already has four possible trials between now and April, plus the office will be short-handed at the end of March because Public Defender Gary Horton is retiring.

"My personal trial schedule will give me a limited time to prepare," Teford said. "While I consider myself a quality attorney, I submit that six weeks to properly preper for a trial on such serious charges would result in ineffective counsel for Mr. Sprague.

Noonan said it's actually seven and a half weeks, which should be enough time to prepare; however, Noonan said taking everything into account, he has arranged for an attorney from the assigned council office to come to court tomorrow and go over the case with Sprague and Tedford and see if he will be able to take on the case and be ready for trial March 24.

"This case has lingered on far too long," Noonan said.

(File Photo)

A Buffalo judge ruled this morning that the city must issue a rooming house permit to local rental property owner Terry Platt for a 12-room rooming house at 316 E. Main St., Batavia.

The city's planning board turned town Platt's application in May following strenuous objects from neighboring property owners and other residents, so Platt filed an Article 78 action asking the court to step in and review the case.

Judge John Curran found that Platt's plan did not violate the city's master plan, as the city maintained in its argument against granting the permit.

The city didn't contest, according to Platt's attorney Michael Perley, any other aspect of Platt's application.

Curran found, Perley said, that the city's master plan allows mixed use on East Main Street, and the rooming house fits within permitted uses.

But even if the master plan didn't allow for mixed use in that area of the city, Perley said Curran indicated he would have ruled in Platt's favor because he would have found the city's plan flawed.

"My client is pleased and I'm pleased for my client," Perley said. "We thought all along it was a proper and appropriate project. Mr. Platt has always run these dwellings in the city and he has run them well. We believe it will be an asset to the city and the city will be pleased with the rooming house and how Mr. Platt operates it."

Previously:

• Terry Platt says he's done investing in Genesee County after city denies rooming house application
• Judge will consider whether to overturn denial of permit for rooming house on East Main

Dustin Michael Locicero, 29, of Gibson Street, Bergen, is charged with seven counts of criminal possession of a forged instrument, 2nd, grand larceny, 3rd, and criminal contempt, 2nd. Locicero is accused of stealing jewelry, collectable coins and personal checks from a home in South Byron and of stealing personal checks from homes in Bergen and Rochester. Locicero allegedly cashed the checks at banks in Batavia, Elba and Le Roy. The coins and jewelry were valued at $7,000 and Locicero allegedly sold these items at different unknown locations. Locicero has a pending second-degree forgery charge in the City of Batavia. In 2011, Locicero was charged with identity theft (we don't have information on the disposition of that case). Locicero was taken into custody Tuesday. He was reportedly found hiding in a mobile home in the Town of Batavia and was arrested on a City of Batavia bench warrant. Locicero was arraigned in city court and jailed without bail. The investigation was conducted by Deputy Brian Thompson, Deputy John Duyssen and Investigator Timothy Weis.

Theodore R. Johnson Jr., 46, of Maple Street, Batavia, is charged with DWI, driving with a BAC of .08 or greater, speed not reasonable or prudent and leaving the scene of a property damage accident. Johnson's vehicle allegedly struck a building at 102 Evans St., Batavia, 4:48 p.m., Sunday. Johnson's vehicle was located stuck in a snow bank with a portion still in the roadway.

Dylan C. McKenzie, 19, of Batavia Stafford Townline Road, Batavia, is charged with unlawful possession of marijuana, failure to use headlights and operation by an unlicensed driver. McKenzie was stopped at 2:01 a.m. Wednesday on East Main Street, Batavia, by Officer Thad Mart.

Clenton J. Reese, 50, of Ellsworth Avenue, Batavia, is charged with criminal contempt, 2nd, and harassment, 2nd, Reese was allegedly involved in a disturbance and upon investigation was allegedly found in the presence of a protected person.

Catherine A. Lewis, 50, of Cone Street, Batavia, is charged with harassment ,2nd. Lewis is accused of pushing and threatening another person.

Robert K. Geandreau, 41, of Elm Street, Batavia, is charged with DWI, driving with a BAC of .08 or greater, open container and inadequate tail lamp. Geandreau was stopped at 11:42 p.m. Friday on East Main Street, Batavia, by Officer Stephen Cronmiller.

A caller reports a suspicious condition in the Town of Le Roy. A man was seen putting "a small dog" in the trunk of his car. He was toting a rifle over his shoulder. Law enforcement is responding to check it out. "Several guys I talked to were out coyote hunting this morning," says an officer.

New York Times: New York Wants to Banish a Symbol of Love: Mute Swans

Kelly Crocker's dog Tara is missing. Tara was last seen about 4:30 p.m.  Kelly and Tara live on Batavia Byron Road.

Tara may have ran across the Thruway and was heading east.

Tara did not have her collar on when she went missing.

"We tried getting her to come with us but she wouldn't stop running, and it's very very cold out," Kelly said.

Kelly can be reached at (585) 300-8801.

UPDATE Thursday 6:44 p.m.: The dog was found and is safe and warm at home.

City fire hosted a demonstration today at Dewitt Recreation Area of a rescue vehicle designed to handle snow, ice and open water to rescue people who might be stranded in dangerous conditions.

The vehicle is made of a snowmobile and a foam-filled platform that can keep it floating on water. Propulsion is created by the snowmobile's chain drive.

"It gives stability and a safety factor to firefighters that simply doesn't exist in any other vehicle," said Roger Bailey, CEO of WISE Technology, which is based in New Hampshire. 

This was the first demonstration of the vehicle in WNY.

The demonstration was set up by Bob Valvo of LVA Sales, a manufacturers' rep company with offices on Harverster Avenue.

The city has no immediate plans to purchase the vehicle.

Le Roy fire was also on hand for the demo.

Video by Alecia Kaus, Video News Service.

Press release:

On Jan. 27th at the Le Roy Village Hall the Le Roy Democratic Party held a nominating caucus for two positions for the Village Board election to be voted on March 18th. Jennifer Keys won a nomination to run for a second term on the Board and newcomer Bill Kettle was the Party's choice for the second position.

Keys, who has been a strong advocate for the Le Roy Pool and Main Street Revitalization, looks forward to running for a second term. She is an active member of The Le Roy Business Council and the Le Roy Farmers Market. Her goals for a second term include updating the Comprehensive Plan, remediation of abandoned properties, continued support of small businesses (on and off Main Street) and economic development in the Village.

Kettle, a lifelong Le Royan, has a working knowledge of village government and has been participating in board meetings. Bill is also currently serving as one of the directors of The Le Roy Business Council and is an active member of the Main Street Revitalization group. Bill has a wealth of experience to bring from more than 20 years of his professional career as well as his knowledge as a small business and Main Street property owner/investor. Bill is currently employed as a Business & Development Manager for JMT, a manufacturers' representation agency based in Rochester, New York.


Press release:

Back by popular demand, the Color Me Rad 5K, a nationally recognized human tie-dye spectacle and run/walk, is returning to Darien Lake for its second year bigger and better than before. More than 6,800 racers came out for the event last year, raising $15,000 for the Special Olympics of New York. This year, registration will be open to 10,000 participants so even more color-plastered racers can get in on the fun while supporting a great cause.

What makes Color Me Rad so unique is the excitement and entertainment generated by thousands of racers running through the scenic grounds at Darien Lake while a Color Bomb Squad takes aim their shirts, faces, and hair with a rainbow array of colors. A new element to the fun this year, racers will get hand-held color blasters so everyone can get in on the action.   

The event is June 21.

Registration for the run/walk is now open at http://www.colormerad.com/race/buffalo.  

“We strive to partner with organizations and families to create special moments that their kids will share with their kids. There’s no doubt that this is going to be a colorful memory worth sharing,” said Rod Rankin, vice president and general manager of Darien Lake. 

Participants are encouraged to continue their fun after the race with a day at Darien Lake. Accommodations packages are available for registered participants at www.godarienlake.com.

"Special Olympics New York is delighted to be the beneficiary of, and to partner with, Darien Lake and Color Me Rad 5K for this tremendously fun event in June,” said Special Olympics of New York President and CEO Neal Johnson. "Color Me Rad 5K is an energetic event for all, where the volunteers have just as much fun as the participants. Whether you register to run or volunteer for the race, you'll be helping Darien Lake and Color Me Rad 5K support more than 56,000 Special Olympics athletes across the state."

More than 5,000 pounds of FDA-approved, colored cornstarch will be used during the event. In addition to “Color Bomb Squad” volunteers spread along the 3.1-mile course, walkers and runners will also be able to toss their own bags of color into the air, creating an unforgettable display of color.

Photos from last year's Color Me Rad at Darien Lake by Howard Owens.

A car vs. pole accident is reported in the area of 6520 N. Lake Road, Bergen.

Unknown injuries.

Power is out in the area.

Bergen fire and Mercy EMS responding.

UPDATE 6:34 p.m.: Responders advised to use caution upon approach. Possible pole and wires down.

UPDATE 6:35 p.m.: Chief on scene. One vehicle off the road.

UPDATE 6:37 p.m.: The car missed the pole, but hit the guy wire. Power is out in the area. No injuries. The chief says the assignment can be held to just him. No need for fire or EMS.

UPDATE 6:39 p.m.: The pole is the responsibility of Bergen Electric.

UPDATE 6:45 p.m.: Bergen chief back in service. Scene turned over to law enforcement.

Investigators are still trying determine what caused a fire that started in the bedding department of Bed, Bath & Beyond late Monday afternoon.

The fire caused extensive damage to the fixtures and inventory in the northeast corner of the store.

Flames reached floor to ceiling.

The Sheriff's Office is in charge of the investigation.

Chief Deputy Jerome Brewster said investigators have interviewed employees and customers.

Physical material in the store has also been examined for any clues as to the cause of the fire.

Previously: Firefighters battle flames and cold during fire at Bed, Bath & Beyond

A two-car, head-on collision with injuries is reported at Route 262 and South Lake Avenue, Bergen. Bergen fire is responding along with medics.

Two accidents (possibly even one and the same) are reported in the area of 9600 Alexander Road. A vehicle is well off the road into a field. A gold van is parked at the side of the road to try and point responders to the damaged vehicle. Alexander fire is responding along with medics.

UPDATE 3:07 p.m.: It's on Route 98 north of Pike Road. A responder on scene says the driver is out of the vehicle and appears not to be injured. They are checking the vicinity to make sure there are no other accidents.

The snow was really blowing out in Bergen and Byron this afternoon.

Top photo is from Route 262 looking south down Batavia Byron Road. Bottom photo is a little further east on Route 262.

Songs of the South will be performed by local musicians at the Holland Land Office Museum at a fundraiser Friday entitled "Rebel Music Night." Can I get a hell yeah, y'all?

Come enjoy traditional Confederate Civil War songs and Southern Rock classics made famous by artists such as ZZ Top, The Outlaws, The Eagles, The Allman Brothers, The Marshall Tucker Band, Charlie Daniels, Creedence Clearwater Revivial and Lynryd Skynryd.

Callin' all the loud and proud who cotton to music from below the Mason-Dixon line, the long-haired country boys, those Georgia peaches, Tar Heels, and their ilk. Or just people who want to support the museum and listen to some good tunes.

Cost is $7. Time is 7 to 10 p.m. The museum is located in the City of Batavia at 131 W. Main St.

The Charlie Daniels Band

Lynyrd Skynyrd

"I'm a Good 'Ol Rebel"

"The Bonnie Blue Flag"

Alex Roberts was walking with her son Taariq, 3, this morning down Vine Street after dropping her daughter off at school.

Today is our eighth-straight day of lows in single digits, but a warming trend starts tomorrow with a predicted low of 23 degrees. Highs in the low 30s are predicted for Friday and Saturday.

There's also snow in the forecast.

A wind chill advisory remains in effect until 3 p.m.

Oakfield-Alabama schools are closed this morning, due to weather.

Pavilion school is closed, due to plumbing issues.

Pavilion students scheduled to take a regents exam at Pavilion High School are to report to the elementary building at their scheduled test time.

The National Weather Service has a wind chill advisory in effect until 10 a.m. with wind chills expected to be 15 to 25 degrees below zero.

The Batavian: Collins would eliminate wasteful and burdensome US Department of Education if he could

This season has been a different one for the Elba girl’s basketball squad. Prior to this season, they had not lost a regular season game since Feb. 8, 2010.

This season they already have two losses within the Genesee Region League, but it looks like things are back to usual as the Lancers won their fifth-straight game, topping Northstar Christian, 69-51.

The Lancers lost four starters from a season ago, forcing players into roles that they have never had to fill. But, it appears as if they are finally settling in.

“It has taken some time,” said first year Head Coach Tom Redband. “All of these girls are in different roles than they ever have been before, but they have worked hard all season.”

One player in a different role is senior point guard Kelsey Bezon, who has taken on a do-it-all role.

Bezon filled the stat sheet again tonight, scoring a game-high 22 points, grabbing seven rebounds, four assists and three steals.

“Kelsey has never been asked to be a full-time scorer,” Redband said. “She could score more if she wanted to, but she is a pass-first player. She loves making the pass and getting her teammates involved.”

Elba jumped out fast on the Knights, scoring 23 points in the first quarter and forcing nine turnovers in the opening frame.

Northstar boasted two players who average nearly 22 points per game each in Mary Roberts and Taylor Harris, and the Lancers got after them early.

“We knew we had to stop Roberts and Harris,” Redband said. “We made it a point of emphasis in practice to stop those two.”

The Lancers took a 17-point lead into halftime, due to Haley Brown, who scored 11 of her 14 points in the opening half.

Halfway through the fourth quarter Northstar freshman Madison Motsay hit a three-pointer to cut the lead to nine, but Elba rattled off five straight to put the game away.

Junior Alyssa Bogue was solid all night for the Lancers (11-2), scoring 18 points, pulling down 11 rebounds and five steals. Brown also added eight rebounds and five steals.

The two star Knights still managed to put up impressive numbers, with Roberts scoring 19 points to go along with 14 rebounds and four steals.

Harris may have had the highlight of the night, notching her 1,000^th career point in the third quarter. She finished with a team-high 20 points, 11 rebounds and four steals.

Motsay also added 10 points for Northstar Christian (10-2).