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A 40-year-old Batavia resident who was originally accused of attempted murder for stabbing somebody at a home on Ellicott Street accepted a plea agreement today that will likely mean a five-year prison term.

Rashawn L. Gosier, formerly of Shady Lane, attempted to assault, 2nd, and criminal possession of a controlled substance, 5th.

Gosier was arrested in December after an incident at 337 Ellicott St. that led to a brief manhunt before Gosier was apprehended crawling out of the basement of that residence.

One person was transported to an area hospital that night but was apparently not seriously injured.

At the time of his arrest, Gosier was found in possession of 500 milligrams or more of cocaine.

Gosier is being held without bail pending his sentencing at 10:30 a.m., May 29.

Photo: File photo of Gosier's arrest.

A 23-year-old man who is accused of setting his girlfriend and her apartment on Maple Street in Batavia on fire last June is mentally incapable of assisting in his own defense, Judge Charles Zambito ruled this afternoon.

Plush Dozier will be remanded to the Commissioner of Mental Health for treatment and then be reevaluated, Zambito ruled.

Dozier is charged with arson, 1st, and attempted murder.

Three psychiatrists examined Dozier and two of them found him capable of understanding the charges against him and recognizing the roles of the judge and attorneys in a court proceeding, but all three said he suffers from schizoaffective disorder, oppositional defiant disorder, and is prone to paranoia and hallucinations.

Zambito noted that all three doctors described his disorders as fluid. In other words, he can slip from lucid to psychotic at any time. And while his disorders can be managed with treatment and medication, there is no record, Zambito said, that he is receiving or has received proper and appropriate treatment.

"Dr. Mitchell described his condition as a moving target," Zambito said. "All three doctors who evaluated him said he could snap at any time. This is consistent with the representations by his attorneys that at times he was lucid and could cope and at times he was not."

He added later, "All of them (the doctors) indicated or represented concerns that if not treated, his symptoms could very well become active and interfere with his ability to effectively assist in his own defense."

Zambito also noted that Dozier's disorders go back to his childhood.

"There is no indication that he is feigning anything or that he is a malingerer," Zambito said.

Dozier is currently represented by Thomas Burns, his third attorney. He is being held in Attica, and reportedly in solitary confinement despite his lack of a conviction in this case, because the Genesee County Jail and its staff is ill-equipped to deal with a person with Dozier's multiple disorders.

He was accused of menacing a police officer after an alleged violent incident while in local custody two months after his arrest.

At the start of today's hearing, Burns said he had met with his client and his client had asked to speak with the judge about his treatment, or alleged mistreatment, in Attica. He has raised this issue before and, as Burns noted, has been told by Zambito that the county court judge lacks jurisdiction to change where he is being held or affect the status of his custody. Still, Burns said, Dozier wished to raise the issue.

Zambito suggested that the court hear the testimony of Dr. Virginia Wohltmann, who examined Dozier in December, and that the court then take a recess so Burns could discuss the specifics of the situation at Attica with his client.

After Zambito heard two other cases, Burns and Dozier returned to the courtroom and Burns said his client had decided against putting anything on the record today about his treatment in Attica. At that point Zambito informed Burns and District Attorney Lawrence Friedman that he had finished reviewing the witnesses' testimony in the hearing (which was held in parts over different days) and was ready to render a decision.

Zambito then reviewed the testimony of the three doctors before stating that he found that while Dozier might be able to understand the proceedings, his fluid mental state would make it difficult for him to assist in his defense.

"This is not the end of the matter," Zambito said. "This is not the final verdict but based on the credible evidence presented in this court, I find the defendant at this time is an incapacitated person and remand him to the custody of the Commissioner of Mental Health for care and treatment for up to one year and then he will be reevaluated and brought back."

Genesee Community College hosts its 38th Annual Fashion show this Saturday from 6 to 9 p.m. in the Call Arena.

As many as 1,400 people are expected for the show. Tickets are $5 or $25 for VIP seats. 

The show's title this year is "Limitless."

NBC New York: New York May Soon Become First State to Ban Declawing Cats

A house at 9536 Bernd Road, Le Roy, is reportedly "full of smoke." The location is south of Cole Road.

Le Roy fire, Bergen fire, Stafford fire, and City of Batavia fire dispatched.

Both occupants have evacuated.

UPDATE 6:05 a.m.: A chief on scene reports smoke coming from rear window.

UPDATE(S) (By Billie) 6:15 a.m.: The city's first platoon is called to headquarters. Pavilion is also called to respond. Le Roy ambulance is on scene and a Mercy medic unit is en route.

UPDATE 6:18 a.m.: "Knocked down pretty good; checking for extensions," says command.

UPDATE 6:33 a.m.: Code enforcement is called to the scene. The auxiliary is called to bring refreshments. National Grid is contacted.

UPDATE 6:37 a.m.: Caledonia Fire Department is asked to fill in at Le Roy's fire station.

UPDATE 6:50 a.m.: A female occupant suffered burns and was transported to UMMC for treatment. The fire appears to have started in the bedroom, according to the chief on scene. The fire is under investigation.

Police have been dispatched to the emergency room at UMMC to interview a man who says he was struck by a car on Washington Avenue.

"I guess he has pretty good injuries," the officer is told.

UPDATE 5:38 a.m.: The apparent hit-and-run occurred at Washington and Bank, a police officer informs dispatch. No time provided.

At the end of a high-speed chase of a three-wheeler down North Street, police are searching the wooded area off Naramore Drive, Batavia, for a subject who has apparently lost a shoe.

An officer told dispatchers, "it looks like we have a one-shoe bandit."

We don't know how, when, or why the chase started, but it began somewhere in the area of Richmond Avenue and Oak Street and the subject "blew through" a red light at Oak and Richmond. An officer chased the three-wheeler eastbound on Richmond onto North Street and shortly after reaching North and Manhatten the officer informed dispatchers speeds had reached 55 mph. He said he was terminating the pursuit but apparently was able to maintain eyesight on the fleeing subject and tracked him to the end of Naramore.

The subject apparently abandoned the three-wheeler in that area and fled on foot.

An officer requested a K-9 to track the subject but none are available in the area.

Police apparently have another subject in custody who described the driver of the ATV as a white male named Josh.

UPDATE 5:30 a.m.: The chase started after police responded to Union Avenue near Oak Street for two subjects riding ATVs in the street. One rider was stopped and the other fled. The ATV that made it to Naramore Drive (top photo) was impounded. Sgt. Dan Coffey told the tow-truck operator that if the owner shows up, he can't have it back yet. "He (the owner) can have it back but he needs to talk with us first," Coffey said. It was a deputy who responded to the chase from the east side of Batavia who located the ATV after the Batavia PD ended the pursuit.

The ATV stopped on Union Avenue.

A Middleport couple welcomed a new child into their family at 11:15 p.m. Monday in an ambulance somewhere between Lewiston Road in Oakfield and North Street in Batavia. 

Betty Lee Bruning is doing well after the unusual arrival in the world of a baby weighing 8 pounds and 13 ounces, according to Stacey Pastuszynski for UMMC.

Emergency dispatchers received a call of a woman in labor in a car at the side of the road at 7616 Lewiston Road, Oakfield shortly after 11 p.m. A deputy and a trooper along with a Mercy EMS ambulance and Oakfield fire arrived within minutes. 

Jenna Roberts Bruning was placed in the ambulance while still in labor and gave birth a short time later.

Betty is the fourth child for Gabe and Jenna Roberts Bruning. 

Their newborn daughter will grow up on the family farm in Middleport.

(Initial Report)

Press release:

Six Flags Darien Lake is proud to announce construction work on the park’s newest attraction, Six Flags SkyScreamer, is in its final stages. At a staggering 242-feet high Six Flags SkyScreamer will be the tallest thrill ride in New York State. This high-flying new addition solidifies the park as the “Thrill Capital of New York State."

“As a shining beacon of Six Flags Darien Lake, this monstrous tower will serve as an iconic new landmark, calling out to thrill-seekers everywhere,” said Park President Chris Thorpe. “Soaring high among the clouds with majestic views of the park and surrounding countryside far below, guests will take to new, record-setting heights in New York State this season.”

By night, Six Flags SkyScreamer’s bold, synchronized light package will light up the skies.

• A soaring 24-stories tall approximately 242-feet high;
• 32 riders, sitting two across in open-air swings; and
• Spinning round and round a 98-foot circle at 35 miles per hour. 

Six Flags SkyScreamer is scheduled to open by mid-May. For more information on Six Flags Darien Lake’s 2019 season visit www.darienlake.com

Six Flags 2019 Memberships and Season Passes are now available. Members can enjoy priority park entry, preferred parking and tremendous discounts of up to 50 percent on nearly all food and merchandise purchases all season long.

Gold Plus, Platinum, Diamond, and Diamond Elite levels are available featuring all the perks of a Season Pass plus other benefits including admission to all Six Flags-branded theme and waterparks, skip the line passes, unlimited soft drinks and much more!

For more information, visit the Membership Sales Center or go online to sixflags.com/darienlake and sign up.

For the third-straight year, the UMMC Wound Care Center has been recognized by Healogics with the Robert A. Warriner III, M.D., Center of Excellence Award.

UMMC's median heal time is 22 days, well below the 30-day standard set by Healogics, said Michelle Rector, the director of clinical operations. The Wound Care Center also achieved a patient satisfaction rate of 92 percent and a healing rate of 91 percent.

"At the end of the day, all the numbers set aside, it really is about people the who work here," Rector said. "Their dedication to the patients and the level of collaboration that they have with each other, whether it be providers, nurses, techs, as well as our vascular counterparts, radiology, and infectious diseases, so it's not just an individual's award. It really is a team effort."

The center offers highly specialized wound care and hyperbaric medicine to patients suffering from diabetic ulcers, pressure ulcers, infections and other chronic wounds that have not healed in a reasonable amount of time. Some of the leading-edge treatments offered at the Wound Care Center include negative pressure wound therapy, debridement, application of cellular-based tissue or skin substitutes to the wound, offloading or total contact casts and hyperbaric oxygen therapy.

“It never gets old receiving this award, especially knowing how hard everyone on this team works to provide the best possible wound care in Western New York,” remarked Joseph Canzoneri, DPM, medical director for the Wound Care Center. “We continue to be the only wound care center in the state west of Syracuse, and one of only 30 percent of the facilities in the nation, to share this distinction.”

This year, patients Lowell Melvin and Ron Drock were on hand for the award to talk about their experience being treated by the staff at the center.

Both said they were impressed by the care and skill of the staff.

Melvin had serious, long-lasting wounds on his legs that other doctors had been unable to treat. He didn't have high hopes for a cure when he first arrived at the center, he said. He expected his legs would need to be amputated.

“Dr. Joe (Joseph Canzoneri, DPM) made the same promise probably twenty other doctors had made, but the big and different thing was, he kept it. When he said he could heal them, he did,” Melvin said.

Top photo: Dr. Samar Alami, Dr. Joseph Canzoneri, Stacey Banker, from Healogics, and Lisa Albanese, program director at the center.

Ron Drock, Lowell Melvin, and Melvin's significant other, Leigh Squiels.

The wound center staff with their three annual awards.

Dr. Samar Alami, Dr. Joseph Canzoneri, Sharon Grimes, and Dr. John Wickett.

A woman is reportedly about to give birth in a car roadside in the area of 7616 Lewiston Road, Oakfield.

Oakfield Fire Department and Mercy EMS dispatched.

UPDATE: We're informed by the Sheriff's Office, the woman was in labor when a deputy and trooper arrived on the scene. She was in labor when she left in the ambulance. It's unknown at this time if she gave birth in the ambulance or at the hospital.

UPDATE: The baby was born in the ambulance on the way to the hospital, according to a source. The baby and mother are doing fine.

Officials at Western Regional OTB released a statement this afternoon flatly denying a report that there is an FBI investigation into "lucrative contracts" for "politically wired" companies.

Buffalo-based Investigative Post reported that the FBI is looking into contracts granted to firms with ties to OTB Chairman Richard Bianchi, a member of the Monroe County Conservative Party’s executive committee, and CEO Henry Wojtaszek, former chairman of the Niagara County Republican Committee.

Reporter Jim Heaney wrote that the story is based on multiple unnamed sources. He wrote that an FBI spokesperson would neither confirm nor deny the existence of an investigation.

Batavia Downs and Western OTB spokesman Ryan Hasenauer released the following statement:

“The FBI has not confirmed that there is an investigation of the Western Regional Off-Track Betting Corporation (WROTB) and WROTB has not received any inquiry from the FBI.

“Any inquiry or investigation would learn that our contracts are reviewed by an independent Board of Directors appointed by the County Legislatures of 15 counties and the Mayors of two cities. These contracts are audited, public documents and available for public inspection. Furthermore, WROTB has procurement policies that are strictly observed.

"We are proud of our record at WROTB, as the only municipally owned and operated gaming facility in New York State. We are not just a strong economic driver for Western New York, but we provide critical funding for community development which creates jobs, protects families and helps to offset tax increases for residents.”

Cassandra C. Elkins, age 28, white female, 5’5” 125 lbs., brown hair, green eyes, LKA East Avenue, Springville, NY

Bench Warrant for criminal impersonation 2^nd PL 190.25-1 (misdemeanor)  Pembroke Town Court DOW 1/30/17

Victoria H. Gilbert, age 47, white female, 5’5” 130 lbs., blond hair, brown eyes, LKA Oakcrest Drive, Farmingham, MA

Bench Warrant for disorderly conduct PL 240.20-1 (violation) Batavia Town Court DOW 8/21/13

Tyanna D. Green, age 23, black female, 5’4” 130 lbs., black hair, brown eyes, LKA Walnut Street, Batavia, NY

Bench Warrant for violation of probation CPL 410.40 (Felony) Genesee County Court DOW 4/15/19

Denzel T. Hall, age 26, black male, 5’9” 175 lbs., black hair, brown eyes, LKA Atkinson Street, Rochester, NY

Bench Warrant for attempted criminal possession of a controlled substance 3^rd Degree PL 220.16-1 (felony) Genesee County Court  DOW 4/15/19

Robert L. Peachey Jr., age 35, white male, 6’0” 185 lbs., brown hair, brown eyes, LKA Gibson Street, Oakfield, NY

Bench Warrant for aggravated unlicensed operation 2^nd  VTL 511-2a2 (misdemeanor) Stafford Town Court DOW 8/27/14

Kevin T. Smith, age 35, white male, 5’9” 220 lbs., brown hair, blue eyes, LKA Buffalo Avenue, Buffalo, NY

Bench warrant for trespass PL 140.05 (violation) Darien Town Court DOW 1/22/19

If you are able to assist the Sheriff's Office in locating these people, the Sheriff's Office asks that you do not approach these people and that you call (585) 343-5000 with information that may assist in locating the suspects.

Eight volunteer fire companies gathered at Southwoods RV Resort in Byron on Saturday morning to participate in a series of RV extrication training exercises. The purpose of the training is to help medics get patients out of mobile homes and trailers when there's been some sort of medical emergency.

To volunteer in your community, visit ReadyGenesee.com.

Press release from AAA:

Today’s national average price for a gallon of gasoline is $2.89, up 5 cents from last week. One year ago, the price was $2.81. The New York State average is $2.96 – up 7 cents from last week. A year ago, the NYS average was $2.94. AAA Western and Central New York (AAA WCNY) reports the following averages:

• Batavia -- $2.84 (up 6 cents since last week)
• Buffalo -- $2.87 (up 6 cents since last week)
• Ithaca -- $2.90 (up 6 cents since last week)
• Rochester -- $2.88 (up 6 cents since last week)
• Rome -- $2.91 (up 7 cents since last week)
• Syracuse -- $2.88 (up 7 cents since last week)
• Watertown -- $2.95 (up 8 cents since last week)

The main reasons for the continuing increase in prices: lower domestic stock levels, the switchover to more expensive-to-produce summer blend gasoline and reduced gasoline production as a result of maintenance at refineries across the country. As a result, American motorists should expect increased pump prices as demand remains robust and stocks dwindle this week.

AAA and OPIS (Oil Price Information Service) analyzed a range of data to identify how much more time Americans have to punch the clock to afford a tank of gas. For the methodology, the median income for each county was broken down to an income by minute assuming a 40-hour workweek. The average gasoline price was compared to the income per minute.

Counties in the Southeast have been hit the hardest with McCreary County, Ky., topping the list. There, the average worker needs to work for 17.17 minutes more just to buy one gallon of regular unleaded gasoline (compared to 13 minutes in January). That is a 32-percent longer work time than at the start of the year.

According to data released by AAA, a Genesee County median-income resident must work 6.44 minutes to pay for a gallon of gas, that's up 3.5 percent from the start of the year when the time was 6.22 minutes.

A caller reported heavy black smoke in the area of Dillon and Perry roads, Pavilion, and one firefighter responding reported hearing explosions.

A fire chief has located two old campers on fire in the woods.

Pavilion fire is responding.

A chief on scene is requesting contact with law enforcement, either in person or by phone.

A car fire is reported near the railroad tracks on Snipery Road, Corfu.

An initial report said a train was coming and there was a request to contact the train company.

The car is fully involved.

Law enforcement requested to the scene.

An ambulance requested to the scene. A person may have some burns.

UPDATE 5:06 p.m.: According to a trooper and a firefighter at the scene, a woman set her own Jeep on fire about 35 yards from the railroad tracks. A train passed by but there was no hazard posed to it since the burning vehicle was far enough away. The woman had soot on her and may have inhaled smoke; it is unknown if she suffered burns. She was taken to an area hospital for evaluation and treatment.

Corfu resident Joe Mortellaro was honored Friday night in Las Vegas for participating in his 50th national tournament, now called the United States Bowling Congress Open Championships.

Mortellaro was 19 in 1956 when he bowled in his first such tournament, the predecessor to the USBC championship, the American Bowling Congress Tournament in Rochester.

“I never had that in mind (making it to 50 years),” said Mortellaro, now 82 and battling through some serious health issues. “I have to give credit to the guys (his teammates) who keep pushing me.”

Mike Pettinella wrote about Mortellaro and other Genesee County residents participating in the tournament in his most recent Pin Points column for The Batavian.

Photos by Mike Pettinella.