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Suspect in car break-ins nabbed in Le Roy

By Howard B. Owens

With just about every officer in Le Roy on duty preparing for the Oatka Festival, an individual decided to start going through cars and trying to steal items.

Some time in the six o'clock hour, the activity was reported to emergency dispatch and a suspect was located and identified.

He was taken into custody after a short foot chase.

In the area of Lake Street, officers are locating a string of apparently stolen items, from pill bottles to GPS chords.

One officer noted that the PD will likely start getting more calls once residents start waking up and finding their property was hit.

Animal health and safety are first concern when dogs are left alone in hot cars

By Howard B. Owens

Some owners get angry when pulled out of a store because somebody complained about their dog being left in a hot car.

"Most do not even recognize it as abuse at all," said Animal Control Officer Agie Jaroszewski. "They get mad because we interrupted their shopping day. They say we don't know what we're talking about. Their dog is OK."

When it's 85 degrees out, the temperature inside a car can reach 102 degrees in 10 minutes and within 30 minutes it can exceed 120 degrees.

A dog can suffer brain damage or die in short order when temperatures exceed 107 degrees.

Leaving a dog in the car on a hot or very cold day violates Article 26, Section 353d of the NYS Agriculture and Markets Law.

A person shall not confine a companion animal in a motor vehicle in extreme heat or cold without proper ventilation or other protection from such extreme temperatures where such confinement places the companion animal in imminent danger of death or serious physical injury due to exposure to such extreme heat or cold.

Fines range from $50 to $100 for a first offense, from $100 to $250 for a second.

Jaroszewski said citations are generally only issued where an order cannot be located and the dog must be removed from the car and taken to an animal hospital, or when the dog is in obvious distress and must be removed from the car.

Since Jaroszewski is not a deputy, she relies on sworn officers to open cars and issue citations as necessary.

The first order of business is the health and safety of the animal, Jaroszewski said. Whether she responds first or a deputy, the first responder tries to locate the owner of the car. Typically, the owner is paged in the store they have most likely entered.

If the owner is found and the dog is not in distress, they are given a stern lecture and the incident is documents in the law enforcement computer system. The temperature at the time of the incident is also recorded.

Jaroszewski is looking into getting a laser temperature gun (example). That would enable her to point the laser at a surface in the car and get a precise reading of the temperature inside.

Not only would it give her evidence to show a dog owner of just how hot it is in the car, but with a second witness, any citation would have a better chance of holding up in court.

Today, The Batavian drove out to two calls involving dogs left in a car at a time when the sun was beating down and the temperature was 92 degrees.

Our initial headline on the first case was "Dog sweltering in gray TrailBlazer in Walmart parking lot."

It turns out, and what the initial caller may not have realized, the owners left their SUV running with the air conditioner on. The dog was fine, but Deputy Tim Westcott still tracked down the owners inside Walmart because it's a violation of NYS law to leave an unattended vehicle running.

The owners are visiting from Florida and vowed not to leave their dog in their car again and not to leave the vehicle running while unattended. No citation was issued.

In the second case, Wescott located the owners shopping in Michael's. The soon-to-be-married couple left the back windows down on their sedan, and the front windows cracked. During the 10 minutes they told Wescott they were in Michael's, the dog did her job, protecting her master's property by barking at every passerby.

But barking dogs, Westcott noted, dissipate energy faster and that makes them more susceptible to the heat.

In a day and age when more people are aware of the dangers to animals left in cars and everyone has a mobile phone, emergency dispatchers get more calls for dogs left in cars, Wescott noted.

And he wasn't complaining.

The Sheriff's Office takes such calls seriously and if an owner can't be located, deputies will use their car-lock kit to open doors and remove animals.

When that happens, Wescott said he leaves his business card in the car with a note about where the dog was taken.

Typically in such situations a citation is issued.

The more frequent, quicker calls these days probably mean there is intervention by a deputy or animal control officer before a dog is overheated to the point of injury or death.

While dog owners often feel put out by a member of law enforcement paging them in a store, and often claim it was just a matter of minutes that the dog was left alone, typically when paged, as with the couple in Michael's today, they're still in the middle of shopping when located.

With the engaged couple today, Wescott waited for Jaroszewski to arrive, which took about five minutes.

When she did, she lectured the couple on the danger they put their pet in, gave them an informational card that explains the danger. While the couple got back into the car (it took a little time because one of them was in a wheelchair due to a leg injury), she took the dog over to a shaded area (top photo) and waited.

The dog was panting heavily, but otherwise seemed in good health.

And a dog who can go home in good health is the whole goal of deputies or animal control officers who respond to the calls from concerned citizens.

Dog locked in red Chevy Malibu at Walmart

By Billie Owens

A dog is locked in a red Chevy Malibu in the 10th row of the parking lot at Walmart. A Sheriff's deputy is responding.

UPDATE 7:13 p.m.: The deputy reports that all four windows are down and the dog has water to drink. Despite these precautions against overheating, someone called dispatch with concerns.

Farm labor keys discussion at ag roundtable in Batavia sponsored by Kathy Hochul

By Howard B. Owens

Rep. Kathy Hochul heard a good suggestion from constituents today during an agriculture roundtable she hosted in council chambers at Batavia City Hall: Young people need to be taught more about farming.

Lorna Klotzbach first raised the issue.

In the Oakfield-Alabama Central School District, Klotzbach noted that "there is no FAA and there wasn't when I was in school that I can remember. There are very few teachers with an agricultural background. There is no training for farm careers. There is very little of that in Genesee County altogether."

Klotzbach noted that she's heard students suggest that farm work is really only for illegal immigrants.

"The smartest, most skilled people I've known are farmers and we hold them in such low esteem," Klotzbach said.

Hochul said she could envision supporting some sort of pilot project to help fund agriculture training in local schools and getting support for an informational campaign to elevate farming as a career choice.

Domestically produced food is a key component of national security, said Hochul, who sits on the House Homeland Security Committee.

"Congress has a roll to play in directing funds (to ag training)," Hochul said. "We need to help people embrace the patriotic sense you get from the American family farm. That's what we're all about, the entrepreneurial spirt that this country is built on."

Farm labor was a big part of the morning discussion, with much of it centered on the difficulty farmers have these days in finding qualified, legal labor.

Hochul noted that with the opening soon of the Alpina and Pepsi yogurt plants, the demand on local milk supplies will increase 15 percent, and that doesn't mean more cows and milking parlors. It means more farm workers will be needed.

"If we don’t get more people in this workforce, we’re not going to be able to capitalize on the opportunities that we have right here in Genesee County," Hochul said.

The congresswoman said she is looking at how to move some of the recent refugees -- who are mostly from agrarian countries -- in Rochester and Buffalo to work on Genesee County farms.

There is apparently a growing Burmese immigrant community in Buffalo, with many people from rural communities.

The problem Hochul said she wanted to tackle is transportation, but Matt Lamb said transportation isn't an issue.

"We can house these people," he said.

If the workers are qualified and willing to work, there's work and shelter available for them now.

Klotzbach said that if Burmese workers were going to be brought to Genesee County to work on farms, it needs to be approached in a comprehensive way, with assistance to school districts for appropriate classes and ensuring Burmese families have a chance to retain their culture while assimulating to a new one.

"It doesn’t do any good to bring one Burmese family to Pavilion," she said. That doesn’t work. They need a community."

Hochul said she will look into available options to help find qualified refugee labor and ensure any move of the labor force to the area is done the right way.

Some farmers complained about overzealous U.S. Border Patrol agents, even conducting raids when there was no apparent probable cause for illegal workers being on a property.

Hochul said she's spoken with the director the border patrol and suggested that the Western New York border with Canada has too many agents for the threat level and perhaps some agents should be transferred to Texas or Arizona.

"Our homeland is not in any danger or threat from our farmers," Hochul said. "We need a different attitude."

Tractor-trailer with brakes on fire in front of Kiwanis Park, Batavia

By Billie Owens

A tractor-trailer's brakes are reportedly on fire on Route 5, in front of Kiwanis Park. It is hauling another trailer. Smoke is coming from the tractor, according to a responder at the scene. Town of Batavia Fire Department is en route.

UPDATE 4:36 p.m.: The fire is out. Town of Batavia is back in service.

Benefit being held today in Austin Park for cancer-stricken Batavia man

By Daniel Crofts

Jonathan Martinez is a happy, energetic young man who has come across a tough break.

Known by the nickname "Tan-Tan" to his co-workers at Rancho Viejo Mexican Restaurant (and formerly to his co-workers at Margarita's), Martinez is well liked by everyone.

"He's always smiling," said his sister, Elena Vega. "He's a really humble, amazing person."

Martinez, 24, was diagnosed with germ cell cancer in December. The cancer was successfully removed, and he enjoyed a period of remarkable recovery until he returned to the doctor for a follow-up in March. It was then that he was diagnosed with spindle cell cancer, which was found around his liver.

He is now in hospice at Batavia's Crossroads House. Things are tough, but he has a positive attitude and is confident that he can beat the cancer.

There is a benefit fundraiser for Martinez today at Austin Park, at the corner of Washington and Jefferson Avenues in Batavia. It started at 1 p.m. and will last until dusk. There is no admission fee, but donations will be collected.

Live music will be featured, including performances by Soulcraft and Amos Williams. Jerry Smith, known in local circles as "Honeybun," will be the master of ceremonies.

Donations will be used to help with the medical expenses of Martinez' treatment, which are quite daunting.

"It's really expensive," Vega said. "We haven't paid for anything yet."

Services from the past seven months for which Martinez' family must still pay include chemotherapy, surgery, X-rays, CAT scans, biopsies and blood transfusions (Vega said her brother's cell count is still very low).

Throughout all the challenges he has come to face, Martinez has been sustained by the love he has for his family -- especially his 3-year-old daughter, Jonelis (pictured).

"He keeps saying he's going to 'come out standing like a rock for his baby girl,' " Vega said. "She is his life."

Martinez' faith has also been key to his positive outlook.

"He has tremendous faith in God," Vega said. "We know there's a purpose in this. We're just waiting for a miracle."

Photo taken by Nelle Williams

Truck's hook smashes car windshield on Route 238, Darien

By Billie Owens

A motor-vehicle accident with very minor injuries is reported on Route 238, just south of Route 20. Darien fire and ambulance are responding. A large hook from a truck smashed through struck the windshield of a car.

UPDATE 3:31 p.m.: The driver of the car has glass in her eyes, which medics will try to flush out.

UPDATE 3:37 p.m.: Now they say the windshield is simply cracked and the patient will be a sign-off.

UPDATE 3:48 p.m.: Darien is back in service.

Possible electrical fire in wall of Bethany home

By Billie Owens

A possible electrical fire in a wall is reported at a residence at 4646 Conway Road in Bethany. The owner reports an outlet is hot and he smells smoke. No flames are showing. A Bethany firefighter on scene confirms nothing is showing. Alexander is also responding, non-emergency mode.

UPDATE 3:04 p.m.: They are going to scan the wall with an infrared camera.

UPDATE 3:12 p.m.: Alexander is returning, in service.

UPDATE 3:22 p.m.: The problem has been handled. Bethany is back in service.

Dog left in green car in front of Michael's craft store

By Billie Owens

A large dog is locked in an older green car in front of Michael's craft store in the Target shopping center. It is barking furiously. A deputy is on scene and reports "I'll be attempting to locate (the owner). The dog is very aggressive. You can't get near it." The car is registered to a man in the City of Batavia.

UPDATE 3:02 p.m.: When the deputy first arrived, he noted the windows are down. An animal control officer is responding.

Lang family announces time and date for protest against bath salts

By Howard B. Owens

The sister of Jason Lang, as promised, has announced a date for a protest against bath salts. It will take place in front of 420 Emporium, 400 Ellicott St., Batavia.

The protest, Brandi Smith said, is set for 8:30 a.m. to 1 p.m., Wednesday, July 18.

"We're asking anyone who would like to join us to please meet at the location," Smith said. "This protest is against the sale and use of bath salts. I have seen bath salts ruin lives, families, people have died, and the bizarre actions of people using bath salts puts everyone in the community in danger."

On Tuesday, Smith's mother Nicole Lang confronted store employees because she believes 420 Emporium has been selling bath salts to her son, Jason Lang.

A store employee told police that Lang entered the store that night "and began yelling and screaming ‘You’re selling bath salts and killing my son.' "

At the scene -- Nicole Lang was cited for alleged trespass -- Lang and Smith vowed to mount a protest against the store.

"I'm sending out a plea to the whole community to please give a little of your time to participate in the protest," Smith said last night. "I feel this is an emergency situation that needs immediate attention. My hope is people will become more aware to this nightmarish situation."

Jason Lang is the former owner of The Laughing Buddha, a tattoo parlor and head shop on Ellicott Avenue. Smith worked for a time as manager of the shop.

While Lang has admitted to selling synthetic marijuana in the past, he's always denied selling bath salts.

The bath salt issue, however, has recently hit the Lang family hard. Jason Lang has been arrested for allegedly calling the landlord of 420 Emporium and impersonating law enforcement, trying to convince the landlord not to rent to the Brockport-based business, allegedly warning the property owner that the retail chain sells bath salts.

In recent weeks, Lang has reportedly made several 9-1-1 calls and was arrested July 1 for allegedly falsely reporting hearing gunshots at a local hotel.

The mother of Lang's child, Ashley Keene, is accused of giving bath salts to a 14-year-old girl. According to the girl's statement to police, Lang and Keene drove to the 420 Emporium location in Warsaw to buy two packages of "Amped," a brand of bath salt, on Memorial Day.

City Manager Jason Molino said the planned protest might be an appropriate neighborhood response.

"If that's what's going on inside that establishment, and if the neighborhood is fed up, it's certainly within their right to do that," Molino said.

The Batavian called the 420 Emporium in Batavia today to get reaction from the store manager to the planned protest, but he wasn't available for comment.

Besides Brockport, Batavia and Warsaw, 420 Emporium operates stores in Rochester, Syracuse and Fulton.

The photo above was taken Thursday morning. Up until at least Wednesday afternoon, the store had its business name painted in the windows of the shop.  Employees have apparently removed the name of the business from the window.

Even if people can't come out on Wednesday, Smith asked people to pray about the bath salt issue.

"As a Christian and a member of the Batavia Assembly of God, I urge people to pray for any and all who have been affected by bath salts," Smith said. "Jesus is love. Bath salts are evil."

For more information on Smith's plans or to help in organizing the protest, contact her at 585-300-7790.

Local tattoo artist working to organize community event against bath salts

By Howard B. Owens

Eric Betz says he and a lot of his friends are pretty unhappy with what they're seeing in Batavia right now.

Betz wants to do something about it: raise awareness of the dangers of bath salts and send a message that not everybody who enjoys an alternative lifestyle approves of this behavior.

"We don't want people who enjoy their freedom of expression to be equated to these scumbags," Betz said.

He's working on organizing a community event sometime soon that he hopes will bring the community together to rally against bath salts.

He said a few local businesses, such as Bourbon & Burger, Foxprowl Collectables and CPR Computer, have signed on to support the event. Next he wants to talk to the City of Batavia to get permission to hold the event in Austin Park. 

He's also looking for a donation of a car that people can take a whack at with a sledge hammer as a "your brain on bath salts" message.

At $5 a hammer swing, Betz is hoping to raise money for GCASA or another substance abuse program.

Betz, manager and a tattoo artist for Affliction Ink, 440 Ellicott St., Batavia, said "almost every one of my clients is against this crap."

Affliction Ink is owned by Eric Weiss. Both Weiss and Betz are former employees of The Laughing Buddha (440 Ellicott is the Buddha's original location) who left their jobs there, Betz said, because they were concerned about Jason Lang allegedly selling synthetic marijuana. 

Now they're just down the street from 420 Emporium (located at 400 Ellicott St.), which Betz believes has sold bath salts, and he said if they were or are, it's bad for the neighborhood.

People sometimes confuse the two businesses, he said, and he wants to make the distinction clear. Affliction Ink has nothing to do with bath salts, he said, though some people still come into the store looking to buy packages of the narcotic.

"It's getting out of hand," Betz said. "We see people walk by every day high on this stuff. It's disgusting."

One of the big dangers of bath salts, Betz said, is that it makes people paranoid and they might act irrationally, making them a danger not just to themselves but anybody in the community.

"We want to raise awareness about it," Betz said. "I'm tired of hearing people saying they want to leave Batavia because of it. This is my home. I love it here."

Rich Clark of CPR Computers has set up a Facebook page for the planned event, "Let's Beat Bath Salts."

UPDATE: The event is scheduled for 11 a.m. to 4 p.m., July 28, at L&L Transmission, 8781 Alexander Road, Batavia.  Additional businesses supporting the event: Neptunes Gardens Pet Shop, Rochester Metal Booking, B-Town Yellow Taxi, My T-Shirts Etc.  Also, I'm told I got Eric's profession wrong. He does piercings for Affliction Ink.

Photo: Watering the city's hostas

By Howard B. Owens

This morning city employee Colton Cole was watering the city's hosta garden outside of City Centre.

Bail set at $100K for man accused of randomly firing gun at homes and cars

By Howard B. Owens

An Alabama resident is accused of driving drunk and randomly firing a rifle at homes and cars on the Tonawanda Indian Reservation on Tuesday night.

Eric A. Easton, 28, of Ham Road, Alabama, is charged with two counts of reckless endangerment, 1st, a Class D felony.

He was jailed on $100,000 bail.

On Tuesday in the late evening, deputies responded to Basom for reports of shots being fired at homes and cars.

The alleged victims appeared to be randomly selected and no injuries were reported, though property was damaged.

Easton was taken into custody late Tuesday night by Erie County deputies and was arraigned in the Town of Newstead on Thursday. Following his arraignment, he was released from Erie County custody and immediately arrested by a Genesee County deputy.

The investigation is continuing in Erie, Niagara and Genesee counties and additional charged are likely, according to the Sheriff's Office.

Law and Order: Man in Le Roy accused of drinking and texting while driving

By Howard B. Owens

Andrew J. Ashley, 25, of 91 W. Main St., Le Roy, is charged with DWI, driving with a BAC of .08 or greater and using a mobile phone while driving. According to Le Roy PD, Ashley was driving on Route 19 and allegedly texting while driving when he failed to negotiate a curve at Route 19 and Wolcott Street. Ashley's vehicle struck a curb and the vehicle's axle broke.

Danielle Marie Stevens, 35, of Ford Road, Elba, is charged with criminal trespass, 2nd. Stevens was arrested on a warrant by State Police following a traffic stop. Stevens was turned over to the Sheriff's Office, arraigned and jailed on $1,250 bail.

Rebecca Louise Batt, 31, of East Bethany Le Roy Road, Bethany, is charged with DWI and driving with a BAC of .18 or greater. Batt was arrested following a trespassing complaint at 1:48 a.m., Thursday, when Batt allegedly drove her vehicle into the back yard of a residence on East Bethany Le Roy Road and parked without permission of the homeowner.

Wendy L. Mucher, 42, of Lewiston Road, Batavia, is charged with petit larceny and criminal mischief. Mucher is accused of stealing $29.34 worth of merchandise that she removed from its packaging from a business on Veterans Memorial Drive.

Joseph Daniel Barone, 30, of Woodbriar Drive, Rochester, is charged with criminal possession of a controlled substance, 7th, and unlawful possession of marijuana. Barone was stopped at 8:38 p.m. Thursday on Route 77 in Pembroke by Deputy Patrick Reeves. A search of the vehicle allegedly found alcohol, crack cocaine and marijuana.

Melissa Ann Neely, 42, of Lincoln Mills Road, East Rochester, is charged with controlled substance not its original container. Neely was charged following a traffic stop at 9:09 p.m. Thursday on Route 77, Pembroke, by Deputy Patrick Reeves.

Jacob D. Waite, 20, of 3661 Pike Road, Batavia, is charged with DWI, driving with a BAC of .08 or greater and driving left of pavement markings. Waite was arrested by Attica PD following a traffic stop at 11:45 p.m. Wednesday on Market Street, Attica.

Dog stifling in black sedan at Walmart

By Billie Owens

A dog is reportedly locked in a black four-door sedan -- "with minimal air" -- in the parking lot of Walmart, near the food entrance. At 6 p.m., the temperature was 88, according to dispatch. Law enforcement is responding.

Police looking for solicitor on Burke Drive of free vacuuming service

By Billie Owens

City police are responding to an address on Burke Drive after it was reported that a young female, approximately 20 years old, was in the area soliciting free vacuuming service. A white vehicle, unfamiliar to the caller, was reported to be parked on the street, however it is now gone.

Fight reported in parking lot of Le Roy apartment complex

By Billie Owens

A fight was reported not long ago in the parking lot of the Creekside Manor Apartments, located at 61 Myrtle St. in the Village of Le Roy. When police arrived, they found nothing. A caller told dispatch he was going outside with a crowbar but was told to remain inside. Now, two ambulances are called to the address, to the last building on the right. One person has trouble breathing, but it's not clear why the other medic is needed.

UPDATE 4:48 p.m.: One medic is back in service after a patient signed off.

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