County Highway Superintendent Tim Hens is about to fill a role occupied by two of his predecessors -- NYS County Highway Superintendents Association.

What's unique, perhaps, is that Laura Mullen, a principle financial clerk with the highway department since 1957, has work for both of the previous presidents from Genesee County.

That would be Joe Amedick, who served in 1987 and Bob Carrier, who served in 1959.

Now part-time, Hens finds Mullen indispensable.

"She knows where thr vendor files are from ions ago," Hens said. "She knows where bridge files are, road files are. Any bit of information I need, she knows exactly what box it is in in the storeroom."

When Hens started his job 16 years ago, there were no computers. He said he couldn't work like that, so his computer was the first in the department. 

Mullen, already with more than 30 years on the job, jumped right in with automation and took classes at Genesee Community College on her own time, at her own expense, to learn Microsoft Office.

Hens said Mullen will fill in wherever she's needed.

He has his own kind of seniority going. At 16 years on the job, he's the fourth or fifth most senior county highway superintendent among the 57 counties in the state.

The association, he said, serves an important role in helping the state's highway departments and public works departments share information and best practices as well as lobbying Albany to maintain funding for roads and bridges.

If a member has a question, they jump online, ask it, and might get 30 answers.

"You learn something from other counties or something that somebody has already done and that saves you a lot of time and a lot of hassle," Hens said.

There will not be a second trial for convicted child molester Earl Sprague, who has already been sentenced following his first trial to 21 years in prison.

District Attorney Lawrence Friedman made a motion this morning, which was granted by County Court Judge Robert Noonan, to dismiss the remaining charges against Sprague.

The 42-year-old Sprague was facing a possible trial on 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.

Friedman said he could not discuss the reason for the motion to drop the charges.

"We made a determination we couldn't really proceed with the remaining charges," Friedman said. "That's all I can really say."

The former Alabama resident was convicted by a jury on 28 counts of sexual abuse.

Memo to Brian Miller, head coach of the Geneva Panthers: If you want to beat Batavia in Sunday's Section V Class A2 Finals, you better figure out how to stop Justice Fagan and Jeff Redband.

Good luck with that.

Teams have been trying all year and stopping the Blue Devil's two standouts just gets harder and harder.

The Newark Reds tried Tuesday night at the Blue Cross Arena in Rochester and found themselves on the losing end of Fagan's biggest game of the year.

The senior captain scored 28 points as the Blue Devils punched their ticket for the finals with a 45-41 win over the #2 seed.

And by all accounts, Redband had an off night, with defenders constantly in his face, but he still managed 15 points.

"That's been happening all year (tight defensive coverage)," Redband said. "I didn't do the best with it this game. We had plays to get me the ball, I just wasn't making shots. I'll make them other games. We rode Justice because he was having the greatest game of his season tonight."

Fagan just took the game over in the closing minutes and with under two minutes left, the Blue Devils grabbed the lead and the Reds' fate seemed sealed.

As important as Fagan's big game was, it was really Batavia's defense that secured the victory.

Head Coach Buddy Brasky teaches his players, hold the opponent to less than 52 points and you will always have a chance to win.

The Blue Devils opened sectional play with a 56-37 win over Honeoye Falls-Lima three days ago, and against a Reds team that has put at least 60 points on the board nine times this season, Batavia pinned Newark down at only 41, holding them to 13 in the second half.

Brasky's team switched to a 3-2 zone defense and the Reds never got a handle on how to penetrate it.

"We've hardly played a 3-2 all year," Brasky said. "They (the Blue Devils) just picked it up on the fly and executed it well."

With the Reds left with few inside scoring opportunities, it also meant there were fewer opportunities for Batavia to draw fouls.

In the closing minute and a half, Batavia was shooting bonus free throws and had only committed four second-half fouls themselves. 

"We went to the zone and they didn't attacked it," Brasky said. "There was a lot of pass on the perimeter. They stopped going to the basket, so there wasn't a lot of opportunity for us to foul. They took a lot of outside shots. That's what the zone forced them to do. Justice started attacking. Jeff started attacking. We were going to the basket where they stopped going to the basket. That's the foul differential right there."

Redband went to the line twice and hit all four shots, while neither late-game foul by Batavia resulted in free throws for the Reds and Fagan made a crucial free throw to take away any hope of a three-pointer to tie the game.

"Jeff and Justice are 70-, 80-percent foul shooters," Brasky said. "They come to the school every morning before class and shoot 50 free throws. Every morning. When we've got them at the foul line at the end of games, I'm very confident."

The foul differential was a huge strategic advantage, especially when Batavia could afford another foul with 4.5 seconds left. In that situation, a quick three-pointer would have given Newark a slim hope for a steal and another score. Instead, two seconds were lost and Newark had to inbound the ball again. A desperation three missed the basket wide and short by three feet and went out of bounds with 0.8 seconds left. A simple Batavia inbound and the game was over.

Brasky said Fagan's confidence has been soaring since a big game against Lockport on Senior Night, and Tuesday night, he just took the team on his back and carried it to victory.

Fagan said that's his job.

"I'm the senior captain," Fagan said. "I didn't want this to be my last game of the year, or ever, actually. I just wanted to win this game. I kind of figured I needed to take over a little bit through the game because we were struggling a little bit offensively. Somebody's got to take over."

The only other Blue Devil to score against the Reds (who don't wear red, but maroon) was Jerret Lasket, who had two points.

A low-scoring affair is exactly the kind of game the Blue Devils like to play -- battle for 30 minutes and close it out at the end.

"In our games, we never do get down by a lot, usually, because we play good defense," Brasky said. "We've been in close games all year, so they have confidence in close games."

For Newark, Jaymee Rosser had 17 points. Tyler Collins, an outside shooting threat, tried, but was 1-6 from beyond the arc and was held to 10 points. Rosser was the top rebounder for the game with nine.

For Redband, Tuesday's visit to Blue Cross was his first since a season ago when he sent his team to the State's Final Four with a three-point buzzer beater.

The junior guard walked out to the same spot during warm ups and admitted taking a moment to reflect on the shot and later hit a practice shot from the same spot. He said he likes playing in the big gym.

"I'm comfortable playing here," Redband said. "With a lot of the new people, I just said it's a normal game. It doesn't matter that it's in this big stadium. You've just got to play basketball."

He also wasn't surprised his team is about to play for the Class A2 championship. The Blue Devils are where they're supposed to be.

"We've beat good teams all year so we knew all year we could be right here at sectionals in the finals," Redband said.

Game time Sunday at Blue Cross is 5 p.m.

To purchase prints, click here.

It has been a long time since Pembroke was a factor in Section V girls basketball.

The Lady Dragons can now say that they are, as they punched their ticket to the Class C2 finals for the first time since 1987 after defeating Clyde-Savannah, 45-39.

“We’ve put in a lot of time these last four years,” said Pembroke Head Coach Mike Wilson. “We’ve spent a lot of long hours in the gym. For a group of kids to step up and play the way they are playing right now is extremely special.”

One of the biggest reasons for Pembroke’s success is senior Breanna Johnson, the school’s all-time leader in points, rebounds, assists and steals.

Johnson came out fast, scoring 16 of the Lady Dragons’ 23 points in the first half for a seven-point lead at the break.

However, Clyde-Savannah threw a wrench into the plan, as they switched from a man-to-man defense to a zone in the second half, causing Pembroke to go cold in the third quarter.

Pembroke would only manage to connect on one shot from the field in the frame, and the Lady Eagles would hold Johnson without a point in the third.

“We didn’t really move the ball as much as we should have,” Johnson said. “We weren’t cutting and we weren’t getting to the basket.”

While Johnson was unable to get anything going, Clyde-Savannah was taking it to the Dragons on the glass, out-rebounding them 38-25 for the game.

In particular, Ally Fenton had a monster game for the Lady Eagles taking advantage of Pembroke’s 2-3 zone, scoring 17 points and grabbing 15 rebounds (six offensive).

“We wanted to keep our girls out of foul trouble,” Wilson said. “We tend to play too aggressive in man-to-man and zone preserves our players.”

Leading just 27-24 going into the fourth quarter, Johnson came back to life. She made her first basket of the second half with on a three-pointer with just 1:58 left in the game.

In total, she scored 12 points in the last frame, racking up nine from the foul line to guarantee the victory.

“To have a kid like [her] play as well as she is,” continued Wilson. “Mel Taylor and Kelsey Bezon get a lot of press in the league, and they deserve it, but tonight Breanna Johnson showed that she deserves to be in the conversation. She does everything she can to help the team.”

Clyde-Savannah (12-6) was unable to answer the call, and the Lady Dragons escaped with the win.

Pembroke (15-5) already garnered their first sectional win since 2007, and now they return to the sectional finals for the first time in 27 years. The school has never won a sectional championship in girls basketball.

The Lady Dragons will take on top-seeded Lyons on Saturday at Rush-Henrietta High School. Tip-off will be 5 p.m.

We had a couple of unexpected visitors to our place last weekend. Being February and given the sort of winter we've had, it was more than a bit of a surprise to see a pair of bluebirds come calling last Saturday morning.            

A male and female alit in the apple tree and I never thought they'd sit tight with the powerful wind gusts whipping the branches about. But sit they did and I was able to get several shots of the male while the female was obscured by branches.

A female cardinal seems to be shrieking with delight, perhaps celebrating the sunshine and blue sky

This cardinal seems content to sample a snow-capped frozen apple.

A chickadee sticks close to brushy cover.......

while another helps itself to sunflower seed and millet.

Pileated woodpeckers have shown up quite regularly this winter......we often hear their raucous call long before they come into view.

How did this gray squirrel get a snow hat?

He and some friends were digging for the walnuts I had tossed into the briars last autumn. I knew the squirrels would find them, but I never thought they would wait till there were several inches of snow on the ground before doing so.

This guy, meanwhile, appears to be rubbing his paws in anticipation while eyeballing the bird feeder. 

Prior to last weekend, the last bluebird I saw was just before Thanksgiving. Winter set in on us right after that. I've never seen one this early in the year. I've heard or read somewhere that bluebirds sometimes winter here, it all depends on the weather and availability of food. Regardless, I know we've got some single-digit lows coming later this week, but I've always felt Mother Nature was pretty good at predicting the weather.....here's hoping!

Washington Post: Opening Day Day: Does the return of baseball deserve its own holiday?

Two Batavia residents are accused of being drug dealers after Sheriff's investigator went to their house on an unrelated matter and allegedly spotted controlled substances in plain view inside their South Main Street residence.

A search warrant was secured and investigators claim they seized crack cocaine, heroin, marijuana, hydrocodone pills, clonazapam pills, detroamphetamine pills and a hydromorphone pill.

Arrested were Kevin J. O'Connell Jr., 33, and Samantha L. Hicks, 26.

The investigator went to their South Main Street residence to speak with a person who reported a burglary.

After spotting what he believed to be narcotics, the location was secured and the Local Drug Enforcement Task Force was called in along with uniformed deputies and K-9 Destro.

O'Connell and Hicks are both charged with criminal possession of a controlled substance, 3rd, a Class B felony that indicates investigators believe they had enough narcotics that they were selling the drugs.

O'Connell is also charged with criminal possession of a controlled substance, 4th, criminal possession of marijuana, 4th, and criminal possession of a controlled substance, 7th.

Besides the three counts of criminal possession, 3rd, Hicks is charged with criminal possession of a controlled substance, 5th, and three counts of criminal possession of a controlled substance, 7th. She is also charged with criminal possession of marijuana, 4th.

O'Connell was jailed without bail and bail was set at $10,000 for Hicks.

Michelle D. Kantz, 43, of Edwards Street, Batavia, is charged with third-degree welfare fraud. Kantz was arrested following an investigation by Batavia PD. No further details released.

Zachary W. Burke, 21, of Alexander, is charged with leaving the scene of a property damage accident and unreasonable speed. Burke was arrested by State Police following an investigation ito an accident at the intersection of Maxon Road and Route 354, Bennington.

David V. Tubbe, 50, of Darien, is charged with DWI and driving with a BAC of .08 or greater. Tubbe was stopped by State Police on Saturday on Route 20 in Darien. Tubbe allegedly had a BAC of .10.

Terry J. Toote, 36, of Lewis Place, Batavia, is charged with harassment, 2nd. Toote allegedly threatened physical harm to another person while in the presence of a police officer.

Joey Robert Tatro, 19, of Main Street, Attica, is charged with criminal mischief and harassment, 2nd. Tatro is accused of striking another person and damaging a vehicle during an incident reported at 5 a.m. Sunday on Clinton Street, Batavia.

Via WBTA:

City of Batavia Firefighter Charles Hammon was named the 2013-2014 City of Batavia Employee of the year.

Hammon was honored by the city council for his management of the child safety seat program conducted by members of the fire department at various times throughout the year.

Hammon received the proclamation from Ward 5 Councilwoman Kathleen Briggs.

Story via WBTA:

Only one person spoke in opposition Monday night to the proposed 2014-2015 City of Batavia budget. The $24 million financial plan is scheduled for a vote on March 10.

John Roach of Batavia questioned the need for an assistant city manager, a position eliminated several years ago by City Manager Jason Molino in a budget-cutting move. Molino now wants the post filled at an annual salary of between $64,000 and $78,000 plus benefits.

Ward Six Councilwoman Rosemary Christian asked if there would be “another opportunity” to discuss the budget prior to a vote. She was told by Molino that comments could be made prior to the vote on March 10.

Christian said she had “a very important matter” to discuss concerning the budget but she declined to elaborate.

No one spoke during a second public hearing Monday night on a proposed increase in water rates. The proposed rate per 1,000 gallons of water will go up by 9 cents to $4.62. Molino estimated the water increase would cost the average homeowner another $10 per year.

While the budget is scheduled to be voted upon at the next council business meeting on March 10 there would still be an opportunity to vote on the budget during the March 24 meeting. The budget must, by law, be adopted by March 31.

Press release:

After a year’s hiatus, GO ART!’s popular Salon Series returns in 2014 for three programs in March, April and May, on the theme “Small, Small World.” All GO ART! Salons are casual and fun, and each includes a themed menu, presentation from our artist(s), and time for socializing and discussion. They are sponsored by The Bank of Castile.

The line-up includes the following programs:

No Place Like Home: “America’s Songs – The Great American Songbook” with Michael Lasser

• 7 p.m. - Friday, March 28 at GO ART!, 201 E. Main Street, Batavia.

Michael Lasser says, “I’m not sure why, but American popular music is rich with anecdotes.”

Songs from the Great American Songbook -- when such songwriters as Irving Berlin, George Gershwin and Cole Porter were at the height of the powers – were often collaborations between a composer and a lyricist. They often include anecdotes that give insight into how people work together, and also how the making of a song results from intuition and luck as often as intent.

Lasser’s talk weaves together the stories of how and why some of America’s most beloved songs came to be written. Books will be available for purchase!

Americana Menu: Chuck Brenner’s famous apple pie a la mode, assorted flavors of popcorn, mini hot dogs with mustard dips, chips and dip, chocolate chip cookies and soda. Bring your own wine or beer and we’ll provide the glass!

Far East: GCC Forum Players “Tales From Japan”

• 5:30 p.m. - Friday, April 25 at GCC “Roz” Steiner Gallery & Stuart Steiner Theatre, Batavia

For this Salon, your reservation includes Japanese-inspired hors d’oeuvres, the Salon program AND your ticket to the 7 p.m. performance. We start in the “Roz” Steiner Gallery where Director Norm Gayford shares entertaining insights about the production, presented by GCC Forum Players.

“Tales From Japan” is a collection of traditional Japanese tales where treasure is discovered in unexpected places, even the most unassuming characters are heroes, and beauty is found in all aspects of nature. From an old woman using her wisdom and wit to save a kingdom to a peach boy defeating the village monster, these exciting stories bring to life the subtle and surprising aspects of Japanese culture.

Zensai Menu: Asian cookies, spring rolls, cucumber rolls, ramen salad, fruit kebabs with plum sauce and green tea.

Across the Pond: St. James Handbell Choir

• 7 p.m. - Friday, May 16 at GO ART!, 201 E. Main St., Batavia

Enjoy traditional English music presented by the Handbell Choir of St. James Church, Batavia. Director Theresa DeMars helps us explore the history of the bells and the different techniques used to produce their beautiful sound.

This Salon includes a delightful English inspired menu, bell choir concert, and some exciting audience participation. The first tuned handbells were developed in England around 1700 and were first brought to the United States in 1902. The English handbell evolved as an instrument to be used for practicing change ringing of church tower bells. Many English pubs in 17th, 18th and 19th centuries had sets of handbells available so that the change ringers could sit by the fire, purchase a pint or two, and practice their changes.

Ms. DeMars and the St. James Handbell Choir bring the history of the bells to life in our English themed Salon.

Sweets & Savories Menu: Scones with jam, cheese board with biscuits, tea sandwiches, trifle, assorted candies and English tea. Bring your own wine or beer and we’ll provide the glass!

Enjoy all three Salons in the Series for $45/members, $50/nonmembers; or join us for individual Salons for $18/members, $20/nonmembers.

Reservations are required and can be made by phone at (585) 343-9313, e-mail at info@GOart.org, or by stopping in to GO ART!, Seymour Place, 201 E. Main St. in Downtown Batavia (open 9 a.m. to 4 p.m. weekdays).

Reservations may also be made online at <http://www.goart.org>  under “Events.”

New York Times: Genetically Modified Babies

The person in the surveillance photos to the right is wanted for questioning in connection with a robbery of a bank in Batavia today.

Batavia PD believes the woman is the suspect who robbed the Five Star branch at 567 E. Main St. at 2:11 p.m.

The perpetrator presented a note that claimed she had a gun and demanded money and left on foot with an undetermined amount of cash. She did not display a gun.

She is described as a female, mid-20s, 5'7" to 5'8" and slim build.

Tellers said the woman had a large, bright pink butterfly tattoo on the left side of her neck.

Tips and information can be provided to Batavia PD at (585) 345-6350 or the confidential tip line at (585) 345-6370.

Press release:

The New York State Sheriffs' Association Institute will begin its annual Honorary Membership Drive in Genesee County within the next few days, according to Sheriff Gary T. Maha.

The institute was established in 1979 and is a nonprofit, tax-exempt corporation, and contributions to it are tax deductible.

While the Sheriff's Office is a unit of county government, many of the concerns of Sheriffs and other law enforcement agencies are best addressed on a statewide level. The Sheriffs' Institute provides centralized training programs and services for all Sheriffs offices where those programs and services would be unavailable or impractical on a single-county basis.

The flagship program of the Sheriffs' Institute is the Sheriffs' Summer Camp for economically challenged children. This camp, in its 37th year of operation, is located on Keuka Lake and 840 children statewide attend each summer. The institute pays the entrie cost of the camp stay and transportation. Most children attending wouldn't otherwise have an opportinuty for vacation travel or a summer camp experience.

The Sheriffs' Camp program conbines summer recreation with activities designed to teach an understanding of, and respect for, our laws and the men and women who enforce them. The strong camper-to-counselor ration allows for individual attention with an emphasis on the development of self-esteem.

"In these difficult economic times we cannot forget our youth who will not have the opportunity for a summer camp experience or a summer vacation," Sheriff Maha said. "By becoming an Honorary Member you are supporting the Sheriffs' Summer Camp for economically disadvantaged children."

In addition, the Sheriffs' Institute operates a scholarship program that provides one scholarship to each of New York State's Community College Justice Programs. This program is designed to help attract the best and the brightest to the criminal justice vocation.

For more information about the Sheriffs' Summer Camp and other Sheriffs' Institute Programs, visit www.sheriffsinstitute.org

A two-car accident with injuries is reported at 9865 Alexander Road (Route 98), north of Peaviner Road. Alexander Fire Department and Ambulance Service responding.

UPDATE 4:53 p.m.: Two Mercy rigs are also called to the scene. Mercy Flight #5 out of Batavia is available. Route 98 will be shut down -- northbound at Peaviner, and southbound at Dodgeson. There are three patients, one of whom has minor injuries.

UPDATE 5 p.m.: Mercy Flight is called to the scene. It has a three-minute ETA. Mutual aid from Town of Batavia fire is requested.

UPDATE 5:02 p.m.: The helicopter will land in a hay field on the west side of the road. The patient is a 77-year-old female who was a passenger in one of the vehicles. She is conscious and alert and complaining of chest pain.

UPDATE 5:07 p.m.: Mercy Flight has landed. Town of Batavia's Brush Truck #23 is on scene.

UPDATE 5:10 p.m.: Mutual aid from Attica fire is en route.

UPDATE 5:27 p.m.: Alexander ambulance is transporting a patient to UMMC. The patient is a 17-year-old female who experienced "major intrusion into the compartment (of the dashboard?)" and complains of a headache and pain below the sternum.

UPDATE 5:30 p.m.: Mercy Flight is airborne and headed to Strong Memorial Hospital.

UPDATE 5:34 p.m.: A Mercy ambulance is transporting a patient to Strong also.

UPDATE 5:51 p.m.: The road is reopened. Town of Batavia and Attica are back in service.

UPDATE 5:54 p.m.: Alexander is back in service.

John J. Astrologo, 20, of 107 State St., Batavia, was arrested and charged with second-degree criminal nuisance for allegedly hosting an underage drinking party at his residence on State Street in Batavia on Saturday. He was released on an appearance ticket and ordered to appear in Batavia City Court on March 11.

Evan W. Horton, 19, of State Street, Batavia, was arrested and charged with second-degree criminal nuisance for allegedly hosting an underage drinking party on Saturday. He was released on an appearance ticket and is set to return to Batavia City Court on March 4.

Lukas M. Baildon, 18, of Batavia-Stafford Townline Road, Batavia, was arrested on Saturday following an investigation into an underage drinking party and charged with unlawful possession of marijuana. He was issued an appearance ticket and released. He is due in Batavia City Court on March 11.

Brody A. Jorgenson, 19, of Batavia-Stafford Townline Road, Batavia, was arrested and charged with unlawful possession of alcohol following an investigation into an underage drinking party on State Street in Batavia on Saturday. He was issued an appearance ticket and is scheduled to appear in Batavia City Court on March 4.

Christopher Douglas Ball, 41, of Park Road, Batavia, is accused of 33 counts of criminal contempt. It is alleged that he violated an order of protection issued by Family Court on several occasions by sending 30 text messages, having two phone conversations, and by having personal contact with the protected person. Following his arraignment on Thursday, he was jailed on $5,000 cash bail or $10,000 bond. He is set to reappear in Town of Oakfield Court on March 3.

Christian Gerand Santana, 32, of Kally Street, Rochester, was arrested Friday and charged with petit larceny for allegedly stealing merchandise valued at $129.99. He is also charged with possession of burglar tools for allegedly using a cutting instrument to aid in the theft, as well as second-degree harassment for allegedly pushing loss prevention personnel when they attempted to detain him. Following his arraignment in Town of Batavia Court, he was jailed on $500 cash bail or $1,000 bond. He is set to reappear in town court on March 3.

Courtney A. Gaebler, 36, of Soccio Street, Batavia, was arrested and charged with driving while intoxicated and failing to maintain lane after crashing her car into a utility pole on Liberty Street on Wednesday, causing significant damage to the pole and car. She will be arraigned in City Court on March 11.

Sharon Jean Chase, 55, of Route 19, Le Roy, was arrested last Monday and charged with third-degree grand larceny for allegedly stealing several items from the apartment of an acquaintance. She is scheduled to appear in Le Roy Town Court on March 20.

Michael E. Mistler, 48, of East Main Street, Batavia, turned himself into Batavia Police after a bench warrant was issued for failing to answer a traffic summons. He posted bail and is scheduled to return to City Court on Tuesday.

Jake Ross Simmons Jr., 27, of North Hill Parkway in Atlanta, Ga., was arrested on Friday for aggravated unlicensed operation in the second degree following a traffic stop. It is alleged that he was driving while his privileges are suspended. He was also cited for failure to keep right.

A one-car rollover accident is reported at 9922 Alexander Road (Route 98). Minor injuries reported. Alexander Fire Deparment and an ambulance are responding. The location is between Peaviner and Lang roads.

UPDATE 3:40 p.m.: The female driver is being transported to UMMC for evaluation. She has no complaints of pain.

These are the latest indictments issued by the Genesee County Grand Jury.

Nathan W. Larson is indicted on four counts. The first is the crime of first-degree attemped rape, a Class B felony, for actions which allegedly occurred on Aug. 3 in the Town of Le Roy. He is accused of attempting to engage in sexual intercourse with another person by forcible compulsion. In count two, he is accused of first-degree sexual abuse, A Class D felony, for allegedly subjecting another person to sexual contact by forcible complusion. In count three, he is also accused of first-degree sexual abuse for allegedly subjecting another person to sexual contact when the person was incapable of consent by reason of being physically helpless. In count four, he is accused of first-degree criminal sexual act, a Class B felony, for allegedly engaging in oral sexual conduct or anal sexual conduct with another person who was incapable of consent by reason of being physically helpless.

Steven E. Palmer is indicated for allegedly driving while intoxicated, a Class E felony. He is accused of driving a 1998 Acura on Route 5 in the Town of Le Roy on Nov. 8 while intoxicated. In count two, he is accused of aggravated driving while intoxicated, also a Class E felony, for allegedly having a BAC of .18 or more.

Stephen J. Holdaway is indicted for allegedly driving while intoxicated, a Class E felony. He is accused of driving a 2004 Ford pickup on Route 33 in the Town of Batavia on Aug. 21 while intoxicated. In count two, he is accused of aggravated driving while intoxicated, also a Class E felony, for having allegedly having a BAC of .18 or more.

A robbery is reported at the Five Star Bank, 567 E. Main St., in Batavia. The suspect handed the teller a note and fled on foot with an undisclosed amount of cash. No weapon was displayed. The suspect is described as female, 26 years old, white, 5'7", wearing black sweatpants, a gray sweatshirt, with a train-conductor-type hat. She has a butterfly tattoo on her neck and had on black gloves. She may have gotten into a gray Honda Civic. Unknown direction of travel. Multiple law enforcement units on scene. A canine will be deployed shortly.

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