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Career thief tries to use claim that he tipped police to threat against DA to get reduced sentence

By Howard B. Owens

One of the two men arrested in connection to thefts from local liquor stores, where one man would distract the store clerk and another would enter the back room to steal cash or credit cards, admitted to his crimes today in front of County Court Judge Charles Zambito.

The way career-criminal Edward F. Perdue, 58, seemed to figure it when he walked into County Court today, unless he could persuade Judge Zambito to be a bit lenient with him, he won't get out of state prison until he's 67 years old.

Perdue, arrested in Batavia for entering the backrooms of local liquor stores and stealing cash and credit cards, is currently serving three to six years in the Orleans Correctional Facility on a burglary conviction in Monroe County.

Zambito's choice today was to send him to prison, based on his guilty plea to grand larceny, 4th, in November, for either one and a half to three years or for two to four. Perdue added another twist with his own request of the judge: make his Genesee County sentence concurrent to his Monroe County sentence.

The reason the five-time felon should get a break, according to the felon himself, is that he tipped police to a threat against the life of District Attorney Lawrence Friedman. Perdue said he overheard another inmate on a bus make a threat against Friedman (whose name he kept pronouncing "fryedman" and noted that "I never saw him before today").

"I'm not asking to be released," Perdue said. "I'm asking for my time to be concurrent with the time I'm doing now. I just happened to be in the right place at the right time."

During his talk with the judge, Perdue claimed both that officers did not talk with him about his tip and he also said he spoke with investigators and provided them with the name of the person who he said made the threat.

"The cops said they would help me," he said.

"The detectives said they would come and talk with me and they never did," he said.

"The cops said they would talk with me and I would rather talk with them," he said.

He indicated he thought he deserved a break because he's been labeled a snitch in Orleans.

Friedman, outside of court, said state authorities did investigate Perdue's allegations and found the allegations unfounded.

Zambito noted during sentencing that Friedman asked for the maximum term for Perdue and never mentioned giving him any consideration for his cooperation with police, and without evidence of Perdue's claims, he said he couldn't really consider the request.

What he could consider is Perdue's criminal record going back to 1976 and includes multiple burglaries and other property crimes, a criminal contempt and a manslaughter conviction.

"You're a career criminal," Zambito said. "A career thief." 

He told Perdue, "there's no reason not to give you the maximum allowable sentence and hope that protects society."

The sentence: two to four years consecutive with the term Perdue is currently serving.

Perdue will, in fact, likely spend his 67th birthday in prison.

"I never burglarized anything," Perdue said before he was led from court in a statement that garnered no response from Zambito."Isn't a burglary when you break into some place? I just walked into the backroom of places."

Pembroke volleyball team serves desserts, volunteers at Buffalo City Mission

By Howard B. Owens

Members of the Pembroke Dragon's volleyball team traveled yesterday to Buffalo to serve homemade desserts to the women and children seeking temporary shelter at the Buffalo City Mission.

They were inspired by Social Studies teacher Greg Kinal, who often volunteers at the mission and is sometimes joined by students.

The volleyball team was looking for a volunteer project so asked Kinal if they could serve at the mission. They made the desserts.

Coach Morgan Wagner said she was proud of her team.

"The athletes in our program are always thinking of others," Wagner said. "They are the kindest and most generous young ladies and teammates. I am very fortunate to work with these quality character student-athletes

"Their parents even got involved by assisting in the baking of the goodies we delivered. We are truly blessed here at Pembroke to be apart of a community that so selflessly loves and serves others."

The mission is always in need of donations so if anybody in the community wishes to pitch in and help, contact Kinal at the high school.

Photos courtesy Pembroke High School.

GCEDC to consider incentives for Batavia business changing locations

By Howard B. Owens

Press release:

The Genesee County Economic Development Center (GCEDC) will consider approving incentives for Custom Vehicle Operators (CVO), which is transferring operations from its existing facility on Ganson Avenue in the City of Batavia to the former PW Minor manufacturing facility at 3 Treadeasy Ave.

CVO is investing $2 million to purchase and make capital improvements at the 80,000-square-foot building. The project will retain 36 jobs.

CVO is the authorized distributor/installer of accessories for General Motors automobile dealer locations in Central and Western New York and Western and Northeast Pennsylvania.

CVO is seeking sales, mortgage and property tax exemptions of approximately $60,000.

Accident with entrapment reported on Route 237, Bryon

By Howard B. Owens

A motor-vehicle accident with injuries and entrapment is reported at Route 237 and Cockram Road, Byron.

Traffic is blocked.

Dispatchers are checking the availability of Mercy Flight.

Byron and South Byron fire departments dispatched along with Mercy EMS.

UPDATE 12:16 p.m.: Chief on scene, "negative on entrapment." Minor facial lacerations. No need for Mercy Flight.

BDC hopes to establish $5 million equity fund based on new Federal tax breaks for investors

By Howard B. Owens

A change in federal tax law in 2017 could help attract Downstate investors to Upstate communities such as Batavia and the Batavia Development Corporation is planning on pursuing those dollars for economic development in wards three and six.

The new tax law allows investors who have realized profits from prior investments, known as capital gains, to defer and reduce capital gains taxes on those profits if they invest those gains in economically distressed neighborhoods.

Wards three and six -- which contain the City Centre mall and the Harvester Center, among other distressed properties -- were previously designated Opportunity Zones by the City of Batavia and would be eligible to attract investment under the terms of the revised Federal Tax Code.

Rachael Tabelski, BDC director, asked the City Council on Monday night to approve at its next business meeting a resolution that would allow the BDC to invest $20,000 in setting up a Batavia Opportunity Zone investment vehicle.  

"These wards are distressed and would benefit from both large and small investment projects," Tabelski said.

The goal is to attract $5 million in investment funds. Tabelski said there are already potential investors Downstate who have expressed an interest in such investments.

Urban Vantage LLC, a Buffalo-based urban planning firm, would assist, including financially, in setting up the investment package.

The $20,000 would come from BDC's revolving loan fund, which has a current balance of $319,000.

At its next business meeting, the City Council will also be asked to approve a resolution that would allow the revolving loan fund, first established with Federal grants in 1997, to start assisting small businesses in Batavia with cash grants (in addition to continuing revolving grants).

Tabelski told the council that the purpose of the fund is to get money into the hands of local businesses to help spur economic development and the fund isn't accomplishing that goal if the money isn't being put to use.

The $20,000 initial investment would be used for legal preparation of the investment vehicle, listing and marketing the project, along with filing and accounting fees.

"We're setting this up so we are on the map as a proactive community taking advantage of a new federal tax law that is allowing investment into low-income census tracks and to show investors and developers that we're serious about moving our sites forward and creating our own fund as a city," Tabelski said.

There's much about how the new investments will work that hasn't yet been determined by the Treasury Department. The final guidelines should be released in a few weeks.

In general, the idea is if an investor has capital gains, the investor can move those funds to an opportunity zone investment fund and defer any capital gains tax until 2026. After five years, the basis of their taxable gains would be reduced by 10 percent. For example, if an investor had $100,000 in capital gains and invested those gains in an opportunity zone, the investor would owe taxes only $90,000 of those gains. After 10 years, the basis would be reduced another 5 percent.

Also, after 10 years, the investor would not owe any taxes on any additional gains on their opportunity zone investments. In other words, if that investor put $100,000 into an opportunity zone and at the end of 10 years, exited the investment and got back $150,000, there would be no capital gains tax on that additional $50,000 realized from the investment.

"It's really designed to attract investment in projects that have a high likelihood of appreciation," said Richard Rogers, a principal in Urban Vantage.

Tabelski first met Rogers and his partner Travis Gordon during the Downtown Revitalization Initiative process, when they represented Ken Mistler on the Carrs Reborn project. They worked together on developing a plan to create the opportunity zones under the tax code revisions.

Tabelski and Gordon both said Batavia could be attractive to investors not just because of a break on capital gains tax but also because of other credits available, such as historic building tax credits, new market tax credits, and the availability of PILOTs (Payment In Lieu Of Taxes) on building improvements.

"This is a marketable location for people from places like Downstate to put the money into to actually get a good return on their investment as well," Gordon said.

The BDC-initiated fund will focus on real estate investment but there's no reason private investors can't establish their own funds to support business startups and expansions. So long as the business is based in designated opportunity zones, investors would be eligible, potentially, for the same tax breaks on capital gains.

There are some guidelines yet to come yet, however, that will either expand or limit those opportunities. For example, initially, the tax code would have required at least 50 percent of a business's revenue to come from within the opportunity zone.

That would seriously limit, as Rogers noted, a new firm's ability to scale, which would make a much less attractive investment for venture capital.

Tabelski said there is already an investment fund established in Buffalo that might be interested in projects in Batavia.

Photo: Rachel Tabelski presenting the project to the City Council on Monday, accompanied by Richard Rogers and Travis Gordon.

Batavia PD active warrants as of March 25, 2019

By Howard B. Owens

The following people are wanted on warrants issued out of Batavia City Court. If you have any information on the whereabouts of these subjects, please contact the Batavia Police Department at (585) 345-6350.

Do not make any attempt to apprehend these individuals on your own.

If you have an active warrant and want to avoid ending up on a WANTED list like this, the Batavia Police Department would be more than happy to assist you on resolving the warrant.

Arlena G. Cox, age 58
Charge(s): petit larceny Jeanine L. Turner (AKA Calice), age 46 (2012 photo)
Charge(s): aggravated unlicensed operation of a motor vehicle 2nd degree Martin J. Rodgers, age 35
Charge(s): sex offender failure to register a change of address

 

  Sara J. Smith, age 33 (photo from 2012)
Charge(s): criminal mischief 4th degree Tera M. Williams, age 45
Charge(s):  aggravated unlicensed operation of a motor vehicle 3rd degree and harassment 2nd degree

Packed house in Paddock Room at Batavia Downs on Sunday to raise funds for Trigillos

By Howard B. Owens

Nearly 500 people turned out at Batavia Downs on Sunday afternoon in support of Joe Trigillo, who is battling glioblastoma, a cancer that forms in a person's brain and is very difficult to eradicate.

Trigillo was diagnosed in January and has been through two rounds of chemotherapy and radiation treatment -- one for 33 days and another of 40 days -- and the fundraiser is intended to help Joe and his wife Kathy with any extra expenses.

Kathy said her husband was overwhelmed by the outpouring of community support.

"It means the world to him," Kathy said. "Every time I bring it up he just starts to tear up and he can't believe the great outpouring of love that he's gotten."

Trigillo and members of the Trigillo's family have worked at Batavia Downs for decades, including both of Trigillo's parents. Trigillo has been a stalwart of the local bowling community his entire adult life and is a regular on the local golf tournament circuit.

"He's always been the social person," Kathy said. "He's the one that goes to the bowling tournaments. He's the one that goes to the golf tournaments. He loves to be with people. He never, ever says no because he loves to go out with other people and do things. He's just always happy to do that and he loves people."

The symptoms of glioblastoma can be non-specific and are different for individuals, depending on where in the brain the cancer starts and how it progresses. At the start of the bowling season, Trigillo didn't have his A-game going and he and Kathy took it as an early-season slump.

"You just think it's a slump but he wasn't getting out of the slump," Kathy said. "Still, we didn't think much of it other than he's in a slump."

The community sees Joe the competitor and may not perceive he has a softer side, Kathy said, but he can get emotional in private; however, when Joe started crying during Hallmark movies, Kathy sensed he was being more emotional than usual. Even so, she didn't suspect a serious issue.

But then one day DirecTV called and when Joe wanted to hand the phone off to his wife, he couldn't remember her name.

That weekend, walking across some pavement, Kathy noticed Joe was shuffling his feet. She started to suspect a mini-stroke. That Monday, Jan. 14, she called a doctor who told her to take Joe to the emergency room at UMMC.

"They immediately ordered an MRI after I told them the symptoms," Kathy said. "I think they must have known more than we did."

The MRI revealed two tumors in the lower left frontal lobe and Joe was taken by ambulance to Buffalo General Medical Center.

Once there, surgery was quickly ruled out for treatment.

"If they did surgery to remove the tumors, it was a high risk to cause the whole right side of his body to be paralyzed and he would not be able to speak," Kathy said.

From Buffalo General, Joe was sent to Roswell Park Comprehensive Cancer Center, which is also in Buffalo.

The regime of chemo and radiation was rough, Kathy said. Joe was hospitalized a couple of times during the treatment, with treatment suspended once because of complications.

The typical prognosis for glioblastoma is a survival rate of 12 to 15 months. Kathy is hopeful Joe will get back to doing the things he loves this spring and summer.

They'll know more when they meet with doctors at Roswell again on April 14.

"We're hoping that we're going to fight this and that we're going to play golf this summer and we're going to be at the long end of that prognosis," Kathy said.

Gas prices continue to climb

By Howard B. Owens

Press release from AAA:

Today’s national average price for a gallon of gasoline is $2.63, up 8 cents from last week. One year ago, the price was $2.61. The New York State average is $2.70 – up 4 cents from last week. A year ago, the NYS average was $2.73. AAA Western and Central New York (AAA WCNY) reports the following averages:

  • Batavia -- $2.64 (up 4 cents since last week)
  • Buffalo -- $2.61 (up 3 cents since last week)
  • Ithaca -- $2.71 (up 2 cents since last week)
  • Rochester -- $2.68 (up 1 cents since last week)
  • Rome -- $2.69 (up 2 cents since last week)
  • Syracuse -- $2.67 (up 1 cents since last week)
  • Watertown -- $2.71 (up 3 cents since last week)

Gas prices have increased as demand continues to rise while total domestic stocks decrease. The latest report from the Energy Information Administration (EIA) shows that demand is much higher than last year at this time. As crude prices continue to rise, pump prices will likely follow suit as the country enters the spring and summer driving seasons. Motorists should expect higher gas prices through Memorial Day.

Sheriff's Office Warrants, active as of March 23, 2019

By Howard B. Owens
   

Ashley N. Hayden, age 27, white female, 5’6” brown hair, green eyes LKA  Upper Clark Ave VanEtten, NY

Bench Warrant – Wanted for harassment 2nd PL 240.26-3 (violation) Darien Town Court DOW 7/14/15

Name and photo redacted upon request, age 22, black female, 5’00” 115 lbs., black hair, brown eyes LKA Berlin Street, Rochester, NY

Arrest Warrant – Wanted for criminal impersonation 2nd PL 190.25-1 (misdemeanor) Pembroke Town Court DOW 2/5/19

 

 

Horatio Coleman,  age 64, black male 5’11” 155 lbs., black hair, brown eyes, LKA Oak Street, Batavia, NY

Arrest Warrant – Wanted for petit larceny PL 155.25 (misdemeanor) Batavia Town Court DOW 8/27/15

Adam M. Dolby, age 35, white male 5’8” 240 lbs., brown hair, green eyes, LKA Telephone Road, Pavilion, NY

Arrest Warrant – Wanted for escape 3rd PL 205.05 (misdemeanor) Pavilion Town Court DOW 4/7/15

Miguel Hernandez-Gonzalez, age 35, hispanic male, 5’6” 140 lbs., brown hair, brown eyes, LKA  East Road, Bethany, NY (No photo available) Arrest Warrant – Wanted for DWI & Drove W/.08 percent or more BAC, VTL 1192-3 & 1192-2 (misdemeanors) Bethany Town Court DOW 1/9/19.

Robin S. Johns, age 55, white female, 5’3” 120 lbs., brown hair, blue eyes, LKA  Fisher Road, Oakfield, NY (No photo available) Arrest Warrant – Wanted for issuing a bad check, PL 190.05 (misdemeanor) Oakfield Town Court DOW 6/21/16.

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.

Man accused of receiving birthday card in jail with controlled substance

By Howard B. Owens
     Keith White

An inmate in the Genesee County Jail is accused of introducing dangerous contraband into the jail after receiving a birthday card allegedly containing a controlled substance.

Keith White, 47, of North Tonawanda, faces numerous other charges. Besides introducing dangerous contraband, a felony, he is charged with 16 counts felony falsifying business records, 1st, criminal solicitation, 4th, conspiracy, 5th, and 60 counts of falsifying business records, 2nd. 

White, who is being held on a petit larceny charge from July, is accused of using the PIN numbers of other inmates to make telephone calls.

The date and time of the incidents were between November and February.

Deputy Ryan Young is leading the investigation.

White was arrested last July in Batavia, accused, along with Jeffery P. Wozniak, of Niagara Falls, of stealing steaks, lobster, shrimp, a roast and several household items from Top's Market. That case is still pending.

He is being held on the new charges without bail because of prior felony convictions. He's been incarcerated three previous times on burglary and robbery charges. His most recent stint in state prison was from 2001 to 2016 on a robbery conviction in Niagara County. He was released from parole in February 2018.

Updated at 2:30 p.m. with additional information about the case.

Video: Penny Carnival at St. Joe's

By Howard B. Owens
Video Sponsor
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Video from today's Penny Carnival at St. Joe's in Batavia.

Teen who shot killer on Central Avenue denied Y.O. status, given prison term

By Howard B. Owens

 

Video Sponsor
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  Samuel Blackshear

When Samuel Blackshear shot Nathaniel Wilson on Central Avenue one evening last May, Blackshear was exercising "street justice" Judge Charles Zambito told the young man today at his sentencing on an illegal weapon conviction.

It wasn't a matter of self-defense, as defense attorney James Hinman contended, Zambito said. The judge said he believed there was a prior dispute between Blackshear and Wilson, even before Wilson showed up with a knife and stabbed and killed Terry Toote, and that Blackshear knew a woman he was with had a gun and that he expected to be handed the gun if he needed it.

Blackshear was denied youthful offender status and sentenced to three and a half years in state prison followed by two and a half years on parole, which is the mandatory sentence for a conviction on a count of criminal possession of a weapon.

The father of Samuel Blackshear, who was 17 at the time of the incident, said he was disappointed that Zambito denied his son a chance to go to school, get a job, and try to get on a path toward a productive life.

"I came here today expecting justice for my young son," Billy Blackshear said. "I'm not trying to make excuses for him. I'm not saying that he was in the right for how he reacted, but considering the factors that placed him in that situation...with him being a young person, you have the influence of television, you have the influence of peers, you have so many negative influences that could have carried him even worse than the way he reacted and he did not."

Before sentencing Blackshear, Zambito meticulously reviewed the law, the criteria that must be met for a finding youthful offender status, and the circumstances of the case.

Many new details about the murder of Toote and the shooting of Wilson on Central Avenue on May 17 came out during today's hearing.

Youthful offender status is reserved for those cases, Zambito said, where there are mitigating circumstances and where the defendant may have acted in haste and thoughtlessly. The judge making a Y.O. determination must consider the gravity of the circumstances, the defendant's prior record, prior acts of violence, the reputation of the individual, whether the defendant cooperated with police and prosecutors, the defendant's attitude, and whether the defendant has displayed respect for the law.

Y.O. status is mandated if the perpetrator is between 15 and 19 years old at the time of the offense but the conviction is for a misdemeanor. In this case, Blackshear admitted to a felony.

If the case involves an armed felony, as this was, Zambito said, then mitigating circumstances come into play.

In their remarks to Zambito prior to Zambito discussing his decision, District Attorney Lawrence Friedman said there were no mitigating circumstances and dismissed assertions by the defendant's attorney, Hinman, that Blackshear acted in the defense of himself and others. Hinman passionately and exhaustively argued that there were mitigating circumstances and this his client did act in defense of himself and others.

Friedman argued that Blackshear, who had little experience, he said, with handguns, and no prior training in defending others, acted recklessly and without regard to the safety of others in the vicinity when he fired three shots at Wilson. After Wilson attacked Toote, he said Blackshear walked over to a nearby car, took a gun from the driver, and immediately turned around and started firing.

"That wasn't self-defense the first time he fired it," Friedman said. "It wasn't self-defense second time he fired it. It wasn't self-defense the third time he fired it. That was not self-defense."

If it was self-defense, Friedman argued, then why didn't Blackshear stick around after the shooting? Why did he flee instead of talk to the police? Why wasn't he cooperative with investigators once he was located? Friedman asserted the Blackshear has been unwilling to help police locate the handgun he used and that the gun is still missing.

Hinman argued that all available physical evidence, in particular, a video camera mounted on a utility pole on Central Avenue at the time of the shooting, shows Blackshear acted in defense of himself and others. He said it showed Wilson arrive on scene and within 10 seconds, attack Toote, kill him, and then immediately brandish the knife at other people in the area.

Other than his possession of the gun, Hinman said his client did nothing illegal. He suggested the other charges against Blackshear -- attempted assault in the first degree, assault in the second degree -- where satisfied in the plea agreement because Blackshear could have made a credible case to a jury that he acted within New York law to defend himself and others.

"Maybe he (Wilson) would have stabbed other people if he had not been shot," Hinman said. "That doesn't make Mr. Blackshear a hero but he stopped illegal acts."

As for Blackshear's leaving the scene of the shooting before police arrived, Hinman said that's the normal reaction of a black youth today.

"I would submit that a young black man in this day and age has a good reason to not stick around and talk to police," Hinman said. "Nor does he have the obligation to stick around and talk with police."

As for helping police find the gun, Hinman said his client told police that he handed the gun to a third party to take care of and that he has no direct knowledge as to the gun's whereabouts. He said that third party may have cooperated with police in locating the gun but since that person wasn't assured immunity from prosecution he hasn't cooperated. He did say police learned the gun may have been dropped from a bridge into a creek and a search was undertaken to try and locate the gun but it wasn't found. None of that, Hinman said, could be blamed on his client.

Hinman disputed statements Wilson made in a presentence probation interview where Wilson apparently asserted that Blackshear shot him because of a prior dispute and that Blackshear was looking for a confrontation with Wilson.

"It's nothing more than an attempt by Wilson to make himself a victim," Hinman said. "He's the one who set everything in motion."

Zambito, however, gave some weight to Wilson's account of the incident.

"I have no sympathy for Nathaniel Wilson," Zambito said. "He is convicted of murder and he is in jail for a long time, and deservedly so."

But, Zambito said, some of Wilson's statements are corroborated by the evidence on the pole cam video recording as well as mobile phone recordings by witnesses.

In order to find mitigating circumstances, Zambito said he would have to be convinced that Blackshear acted on the spur of the moment to defend himself and others but Zambito said the evidence suggested otherwise.

For example, well before Wilson arrives, a black sedan is seen on Central Avenue. At one point, the driver gets out and retrieves what appears to be a handgun from the trunk of the vehicle. Later the car leaves Central Avenue and returns. The car leaves again and reappears just before Wilson shows up. After Wilson stabs Toote, Zambito said, Blackshear is seen moving toward Wilson, who is turning to leave, and then sees the sedan and walks over to it and is immediately handed a gun by the driver of the vehicle.

"That tells me," Zambito said, "that he (Blackshear) was looking for that car and he expected to be handed the gun."

He said audio from mobile phones show that several people cried out "Sam," which Zambito took as a verbal attempt by witnesses to tell Blackshear to not fire any shots but that Blackshear fired anyway.

Wilson contends he and Blackshear had a prior dispute over Wilson hitting a girlfriend and that Wilson had tried to apologize and Blackshear refused the apology. He said even in a phone call earlier that day, Blackshear had refused the apology and hung up on him.

He said Blackshear had referred to himself as a member of the "L Gang" and that members of the "L Gang" would be looking for Wilson (outside of court, Friedman said "L Gang" may refer to a group of youths who grew up on Lewis Place and applied that moniker to themselves).

While acknowledging that Blackshear's natural impulse may have been to leave the scene and that he had no obligation to stay at the scene, his failure to do so did display a lack of cooperation with police, and one of Zambito's findings must include cooperation with police for Youthful Offender status. Further, Blackshear did not come forward voluntarily the next day. When he was located, he was at the residence of the adult who gave him the gun, playing video games.

As for Blackshear's criminal record and good conduct, Zambito said Blackshear had been arrested once, granted youthful offender status once, and was on probation at the time of the May 17 incident. He also said that Batavia PD and Sheriff's Office reported 26 negative contacts with Blackshear in the prior two years. He said Blackshear had been accused of shooting another person with a BB gun.

"And he's only 17 years old," Zambito said.

Citing district official at BOCES, Blackshear was characterized as having us vs. them attitude, of disrespecting authority, of hanging out with other youths who caused trouble.

In the presentence report, probation officers recommended against Y.O., and detectives Thad Mart and Kevin Czora, the lead investigators on this case, also recommended against Y.O. status.

"It was only by sheer luck that his reckless behavior didn't result in killing or seriously wounding a bystander," Mart wrote in his letter to the court.

Zambito said he took all of that into consideration in coming to his conclusion.

"The defendant attempted street justice," Zambito said. "He put at risk an entire neighborhood. Even Nathaniel Wilson recognizes the loss of life in this incident was over something very senseless and I have to agree with him. I have to believe this defendant was complicit."

Billy Blackshear said his son was raised well, as the grandson of a beloved local pastor, the late Reverend Oraid Blackshear of Mount Zion Missionary Baptist Church on Ellicott Street, and as the son of a man who has never been arrested or spent a night in jail.

But outside court he said he can't help but wonder if he did enough to prepare his son for dealing for life in today's society.

"As a parent, I wish I would have done more," Billy Blackshear said. "I think that's something that maybe a lot of parents say when bad circumstances happen. I said the same thing about my brother when he passed. I wish I could have had a chance to say goodbye to him. I wish there were words that I could have said to him had I known that would be the last time I saw him.

"I didn't get that chance and I feel that same sense of sadness and remorse in this particular case. I wish I could have spent more time or that I could have done or something, or something I could have said that would have better prepared him for such horrendous circumstance."

There's a lesson in this case for all of us, Billy Blackshear suggested.

"I think that young people are too busy being raised and being influenced by outside forces that gave other people monetary value," Blackshear said. "You know there's money to be made on telling kids you should be this way, to have a violent attitude, or look at, you know, you don't have to listen to the rules or anything like that. I'm not saying that's what Samuel was influenced by (that) but I'm saying that there is more negative input than ... positive.

"And so we as parents have to step up. I think the system has to step up as well. Hand-in-hand cooperate in order to be a counterbalance to the things that are steering our young people into the feeling hopelessness and anger and just frustration. We need to start putting hope back inside these young people. We need to start giving them better options. We could do more. There's always more that can be done." (View the full video at the top of this story for all of Mr. Blackshear's comments after the hearing.)

Zambito thinks it's time for Samuel Blackshear to step it up and use his time in prison to take advantage of programs that will help him be more productive and move his attitude away from "us vs. them."

"If you don't," Zambito said, "you're either going to spend a lot of your life in jail or you're going to wind up dead like Terry Toote."

Superintendent says school dealt promptly with complaint about knife on campus

By Howard B. Owens

The district superintendent for BOCES says a student complaint about an instructor with an unauthorized pocketknife on campus was taken seriously and dealt with promptly after the student contacted The Batavian to complain about what she perceived as an inadequate response.

Kevin MacDonald said as soon as the Batavia principal was contacted by the student the situation was dealt with and that the instructor involved felt "horrible" about the mistake. The pocketknife is something she normally carries with her off campus and forgot it was clipped on the pocket of her utility pants, making it clearly visible to students.

The student who contacted The Batavian said she was concerned the issue hadn't been dealt with and MacDonald suggested the student wasn't aware of what went on after she spoke with a principal.

While sharp objects -- knives, saws, scissors, and other items -- are part of the instructional environment on the Batavia CTE campus, neither students nor faculty are allowed to bring knives onto campus.

The parents of three students who expressed concern about the knife were contacted by phone by school officials, MacDonald said.

"I'm confident our staff handled the situation very well," MacDonald said.

Here is a statement from District Superintendent Kevin MacDonald:

On Wednesday, March 20, a student who attends the Batavia Career and Technical Education Center, reported that an instructor was carrying a knife that was visible to students.

Administration was notified of the report and the student’s concerns. A conversation was had with the instructor who was carrying a knife. She immediately removed the knife from the building. She apologized noting that it was an honest mistake. Administration met with the student who reported the incident. Parents were notified of the situation that occurred.

The Genesee Valley Educational Partnership has a board policy that states that weapons are not allowed on campuses, however, the policy does note that tools and other equipment, like knives and scissors, are allowed as long as the implement is part of the approved career and technical education program. The welfare of our students is of utmost importance and we take reports like this seriously.

L.B. Grand celebrate's St. Joseph's Day with a grand reopening

By Howard B. Owens

Bill Farmer cut the ribbon Tuesday, St. Joseph's Day, for the grand reopening of the L.B. Grand Restaurant, two years after he acquired the business and building at 37 Main St., Le Roy.

In the past two years, Farmer has made a lot of changes inside the building (previously: While Farmer's Creekside Inn prospers, Bill Farmer keeps busy in the Village of Le Roy) and Tuesday he said there is still much work planned for the coming year.

In addition to upgrades inside, Farmer is planning to restore the building's facade (he's already put up a new awning).

After the ribbon cutting, guests enjoyed a traditional St. Joseph's Day's meal. Chef Sean Wolf said based on the response this year to the first St. Joseph's Day meal offered by L.B. Grand, next year the staff will plan on laying out a traditional St. Joseph's Day table.

Top photo: Tom Turnbull, president, Chamber of Commerce, Mary Blevins, with the Chamber, Mayor Greg Rogers, Bill Farmer, Chef Sean Wolf, Ethan Olsowski, L.B. Grand staff, and Chamber Board Member Jeff Cook.

Legislator Shelly Stein, Chef Sean Wolf, Bill Farmer, Mayor Greg Rogers.

Expert in addiction says prevention is most effective cure for opioid epidemic

By Howard B. Owens

There is a lot of attention paid to opioid addiction treatment, Dr. Richard Blondell told an audience at the City Church Generation Center in Batavia today, but not enough effort is given to preventing addiction in the first place.

"The bottom line of this opioid epidemic is we cannot treat our way out of this epidemic," Blondell said. "We cannot incarcerate out of this epidemic. We can't legislate our way out of this epidemic. What we really have to do is prevention."

Blondell is vice chair of addiction medicine and a professor in the Department of Family Medicine at SUNY Buffalo. He spoke today at a workshop for faith leaders sponsored by the Genesee-Orleans-Wyoming Opioid Task Force.

Drawing on science, history and statistics, Blondell made the case that it's very difficult to successfully treat somebody for opioid addiction; therefore, to end the current epidemic, society needs to produce fewer addicts.

That begins with doctors, he said but includes families and individuals who need to be more aware and better educated about addiction and prevention.

The causes of addiction are both genetic and environmental, Blondell said.

About 10 percent of the population is genetically susceptible to opioid addiction. Those people, when exposed to opioids, usually through prescription medication, are much likely to become addicts.

The addiction for them is a disease.

An addict has about a 5 percent chance of dying in any given year. 

"The average life expectancy of a heroin addict is about 10 years, most are gone in 20," Blondell said.

Much of the blame for the opioid epidemic can be placed on Arthur M. Sackler, a medical marketing executive in the 1950s who, among other things, introduced the world to Valium, the first multimillion drug.

"It didn't treat anything actually," Bondell said. "Even though Valium was the number one prescribed drug in the country it was not clear what disease it treated."

The Sackler family went on to own Perdue Pharma, the company that introduced OxyContin. 

That pain pill was sold to doctors as non-addictive if used for pain.

Then the insurance companies got involved, Blondell said. They stopped funding pain-management regimes, which could cost thousands of dollars but were effective, in favor of prescription pain medications. And if doctors didn't prescribe enough pain pills, they would get low patient satisfaction scores from patients who said, "he didn't do anything for my pain."  

Doctors started prescribing opioid-based pain medications "like skittles," Blondell said.

Patients who become addicted to pain pills often, usually, turn to heroin, which is cheaper and easier to get. About 75 percent of heroin addicts started with a prescription to either the addict himself or to a friend or family member.

There are two types of treatment for addicts, neither high success rates -- counseling or medication.

In counseling, an addict receives psychological therapy, or they might live in a home and where they can learn adult life skills but if they are physically addicted, brain condition related to addiction is not treated. That is where medication, such as methadone, come in.

Blondell said all treatment methods should continue but that isn't the final answer on the epidemic. We've never treated our way out of an epidemic, he said.

People who say addiction is a choice really don't understand opioid addiction, Blondell said.  

Everybody is addicted to something. Addiction is essential to survival. We're all addicted, for example, to water.

But what substances, such as illicit drugs and alcohol do, is trick the brain into thinking that substance is a higher priority than other addictions, such as food.

"So people say to me, this is a behavior," Blondell said. "It's not really a mental illness or it's not a disease. It's not a disorder. It's really just a behavioral problem. To which my question is, what organ in the body produces behavior? Is it the kidneys? Is it the liver? No, it's the brain. So it's the brain that produces the behavior that we see and pass judgment on."

If we're going to end the epidemic, Blondell said, doctors need to be more cautious and judicious in when and how they prescribe pain medications. Patients who receive them need to be better educated about taking the prescribed amount for only a short period of time. Parents need to ensure they control the distribution of pain medication to their teen children, and ensure they actually take them when dispensed so they're not hoarded so five or six can be taken at a time. Everybody needs to be better educated about the nature of addiction and how to avoid it.

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