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Law and Order: Duo accused of stealing nearly $3K in goods from Walmart

By Howard B. Owens

Brenden Robert Jones, 29, of Oakbrier Court, Penfield, is charged with grand larceny, 4th, and criminal possession of a controlled substance, 7th. Jones is accused of stealing more than $2,800 in merchandise from Walmart. Jones alleged had a crack pipe in his possession at the time of his arrest. The investigation is continuing and more charges are possible. Jones was released under supervision of Genesee Justice. Also arrested and charged with grand larceny was Matthew David Marvin, 26, of Old Country Lane, Fairport. Marvin was jailed on $5,000 bail.

Witness Smith, 45, of Laurel Drive, Attica, is charged with endangering the welfare of a child. Smith allegedly left a child who was under his supervision unattended in a motor vehicle at 12:22 p.m, June 16, on Jackson Street, Batavia.

Gordon M. Yohe, 71, of Swamp Road, Byron, is charged with felony DWI, consumption of alcohol in a motor vehicle and refusal to take breath test. Yohe was arrested following a report at 2:38 p.m., June 10, of a suspicious person at a business on East Main Street, Batavia. Yohe was jailed on $2,500 bail.

Tyler J. Aina, 22, of Waterport Carlton Road, Albion, was arrested on a warrant for alleged failure to appear. Aina posted bail and was released.

Jeremy J. Smith, 19, of Loyalist Avenue, Rochester, is charged with criminal contempt, 2nd. Smith allegedly violated an order of protection by contacting a family he was ordered not to contact. Smith was jailed on $500 bail.

Kewa R. Buckman, 43, of Otis Street, Rochester, was arrested on a warrant related to an alleged parking on city streets between 2 a.m. and 6 a.m. Buckman was being held in the Monroe County Jail on an unrelated traffic charges. He was transferred to Batavia PD custody, posted cash bail and was released.

Pauline J. Hensel, 61, of Lewiston Road, Batavia, was arrested on a bench warrant and jailed on $750 bail.

Robert Mitchell Andersen, 44, of Sand Hill Road, Caledonia, is charged with DWI, driving with a BAC of .08 or greater, suspended registration and driving without a license. Andersen was stopped at 5:06 p.m. Sunday on Lewiston Road, Batavia, by Sgt. Thomas Sanfratello.

Beniluis Ruiz, 38, of Ellicott Street Road, Pavilion, is charged with criminal sexual act, 3rd, endangering the welfare of a child and unlawful dealing with a child. Ruiz allegedly sexually assaulted a person under age 17. He also allegedly provided alcohol to people under age 21.

Scott Macumber Castle, 52, of Vallance Road Le Roy, is charged with trespass. Castle allegedly trespassed at Byron-Bergen Central School. Castle was allegedly advised previously by school officials to stay off school grounds.

Field fire reported behind mobile home park in Stafford

By Howard B. Owens

A field fire is reported at 5610 Route 5, behind the Golden Mobile Home Park, Stafford.

Stafford fire responding.

UPDATE 9:06 p.m.: A chief on scene reports a controlled burn. Engine 93 responding non-emergency.

Man who dragged deputy with car given seven years in prison

By Howard B. Owens
Scott Kopper

A Batavia resident who dragged a deputy with his car, putting the deputy's life in danger, will serve seven years in state prison, Judge Robert C. Noonan ruled this morning.

"It's never easy to impose a harsh sentence on somebody, but it is easier when I feel like I'm fulfilling my duty to separate somebody from society for as long as possible," Noonan said.

Scott Kopper, 37, entered a guilty plea May 22 to assault in the second degree. As a second felony offender, the maximum sentence that could be imposed was seven years.

Assistant District Attorney Robert Zickl said it was personally difficult to be the person handling the prosecution of Kopper because Zickl knew him years before he started getting into trouble.

He knew him, he said, as an EMT working the sidelines at youth football games.

"To be in this position today is difficult because I have to ask the court to impose the maximum sentence on Scott," Zickl said. "He is a threat to society and eventually he's going to seriously hurt or kill somebody."

Assistant Public Defender William Tedford asked Noonan to impose a four year sentence, giving Kopper the best opportunity to return to the life he once knew -- college educated, volunteer firefighter, EMT and hazmat trained, a family man.

That all fell apart, Tedford said, after Kopper's father died and Kopper started using drugs and developed mental health issues.

Zickl told Noonan that Kopper could have killed Deputy Brian Thompson on Jan. 7 when Thompson's arm became lodged in the window of Kopper's car as he tried to flee from Thompson, who was attempting to arrest him for a parole violation.  

It was the day after a blizzard and the roads were still icy. If not, Zickl said, Thompson certainly would have been killed in the incident.

"His tires were spinning as fast as they would go," Zickl said. "On a dry surface he would have been up to 70 or 80 mph immediately."

Tedford said evidence showed Kopper was over medicated that day and probably intended harm to himself, but not to Thompson.

"He has a great deal of remorse for what he did that day," Tedford said. "I have the utmost respect for Deputy Thompson. He has the utmost respect for Deputy Thompson. He's truly sorry. I submit to you that when my client is properly medicated, he has no propensity for violent behavior."

Noonan said the only way Kopper could get proper supervision and mental health treatment in today's society is in prison. There simply isn't the available resources to provide him with the kind of constant supervision he needs if he were at liberty.

Thompson also addressed the court, asking Kopper to turn to Jesus Christ for his salvation and telling Kopper that he forgave him even though he hadn't asked for his forgiveness.

Thompson quoted from the Book of Roman: "Bless those who persecute you; bless and do not curse; Rejoice with those who rejoice; mourn with those who mourn; Live in harmony with one another; ... Do not be overcome by evil, but overcome evil with good."

In conclusion, Thompson said, "Thank you for the opportunity to reflect on my life over this past six months."

Dressed in Genesee County Jail orange, Kopper turned his chair a bit toward the dias where Thompson stood and spoke and watched him throughout his statement.

After Tedford spoke, Kopper made a brief statement.

"I'd like to apologize for my actions that day, but more importantly, I want to apologize to Deputy Thompson," Kopper said. "I'm very sorry."

Motorcyclist down on Pearl Street Road

By Howard B. Owens

A motorcyclist is down in the roadway in the area of 3120 Pearl Street Road. A first responder reports possible serious injury.

East Pembroke and Mercy EMS dispatched.

Mercy Flight is dispatched. Three minute ETA.

UPDATE 5 a.m.: We didn't hear why, but Mercy Flight out of Olean is dispatched. Twenty-five minute ETA.

UPDATE: Mercy Flight has landed.

UPDATE 5:40 a.m.: Mercy Flight is airborne. Didn't hear its destination. The assignment is back in service.

UPDATE 6 a.m.: A motorcyclist was apparently westbound when it struck a deer. The point of impact was the deer's hindquarter. The front end of the Harley-Davidson was damaged. The rider's helmet showed signs of skidding. He was in and out of consciousness while being treated on scene. He was taken by Mercy Flight to ECMC. Mercy Flight out of Batavia was not available this morning. The name of the rider has not yet been released. An eastbound motorist found the bike and the rider in the middle of the road and called emergency dispatchers.

Muckdogs run young season record to 7-2 with run-scoring offense

By Howard B. Owens

The 2014 edition of the Batavia Muckdogs, at least so far, isn't a team with a lot of pop, but they've shown they can put runs on the board.

In nine games this season, the Muckdogs have scored at least five runs six times. At 7-2, they have the best record in the Pinckney Division and are tied with Brooklyn for the best record in the NYPL.

In nine games, only reserve shortstop Brian Anderson has any home runs, with two in eight at bats, but five starters are hitting over .300.

The Muckdogs lead the league in hitting with a .245 team batting average.

The hitting has made up for a subpar contribution from the hurlers so far. The staff ERA is near the bottom of the league at 3.22.

Saturday night, Batavia had its biggest offensive game yet, scoring 10 runs on 14 hits for a 10-6 victory over the Mahoning Valley Scrappers (3-6). Jorgan Cavanerio tossed six innings, giving up four runs, to notch his first win of the season.

The offensive was led by catcher Brad Haynal, a San Diego State product making his professional debut. Taken by the Miami Marlins in the 18th round of the 2014 draft, Haynal was 2-4 with a double and three RBI.

With three hits apiece were DH Carlos Duran and 2B Mason Davis. Duran, a Dominican in his fourth professional season who is hitting .320, had two RBI. Davis, the leadoff hitter, from Georgia, had a triple and his hitting .321 on the season. 

Outfielder Kevin Grove, who went to high school in Los Angeles and college in New York City (St. John's), also had two hits, with a double and RBI. An undrafted free agent, Grove is hitting .324 in his first professional season through eight starts. 

Ryan Aper, a centerfielder from Lincoln, Ill., taken in the sixth round by the Marlins in 2013, had two hits and scored two runs. Aaron Blanton, from Texas, a ninth-round pick in 2013, also had two hits. Blanton is the starting shortstop.

The Muckdogs are home again this evening against State College. Game time is 5:05 p.m. It's Irish Night, sponsored by O'Lacys. Also, the first 100 seniors 60 and over will receive a voucher for a free hot dog, soda/coffee and snack item. The Muckdogs and State College meet again at 7:05 p.m., Monday.

Photos: Classic cars at Stan's

By Howard B. Owens

Stan's Harley-Davidson hosted its annual classic car and classic bike drive-in today.

Nathan and Abby Lake, of Batavia.

Hugh and Mary Ann Steves, of Strykersville.

Don McDonald, of Stafford.

Photos: Mercy Flight open house at Home Depot

By Howard B. Owens

Mercy Flight/Mercy EMS, with the help of local volunteer fire departments, the Sheriff's Office and State Police, hosted an open house today in the parking lot of Home Depot. The highlight might have been the flyover of Mercy Flight #5, piloted by Brian Smith.

Photos: Color bombs galore at Darien Lake's 5K

By Howard B. Owens

Thousands of people from throughout WNY were at Darien Lake Theme Park today for the 2nd annual Color Me Rad 5K. The event isn't a real race, but for participants, it's obviously real fun.

Color Me Rad benefits Special Olympics.

Two Ghost Riders bands liven up Main Street on a Friday night

By Howard B. Owens

The Ghost Riders and the Ghost Riders Drum and Bugle Corps put on a unique show Friday night on Main Street.

The bands performed right on the sidewalk next to Larry's Steakhouse (the show's sponsor) and music fans, maybe about 300 hundred of them, gathered around standing or finding seating as best they could.

The music was great, of course.

The Ghost Rider's great pedal steel player Jimmy "Steel" Duvall.

No injuries in accident, but pole and wires down on Route 77

By Howard B. Owens

There are reportedly no injuries, but there is a pole and wires down following an accident in the area of 6591 Alleghany Road, Alabama.

Alabama fire responding.

UPDATE 5:28 p.m.: There is now a report of injuries. Also, National Grid has been notified. The roadway is blocked.

Photos: Cutting masonry on Center Street

By Howard B. Owens

When workers from Tompkins Insurance move into their new second-floor offices at Main and Center, they will have Doug Rebmann to thank for the bit of extra sunlight spilling into their space.

Rebmann has been working this week cutting through masonry to create two new window openings as part of extensive renovations to the second floor.

Tompkins expects to move its customer service center to the location in mid-September.

Photos: Local firefighters set record with more than $9K collected in 'Fill the Boot' campaign

By Howard B. Owens

Today was the day to fill the boot and a lot of people did. City firefighters, members of IAFF Local 896, were positioned on Ellicott, Main, and Court streets this morning to collect donations from passing motorists as a fundraiser for the Muscular Dystrophy Association.

It was another banner year for the firefighters with a new record amount of $9,635.39, according to Local President Greg Ireland.

Above, Adam Palumbo collects a donation.

Jeff Stevens collects a donation.

Firefighter Tim Stengel collects a donation.

Law and Order: Rochester man charged for Dec. 27 burglary in Darien

By Howard B. Owens
Giovanni Rosario

Giovanni Louis Rosario, 21, of Conkey Avenue, Rochester, is charged with burglary, 2nd. Rosario was arrested on a warrant out of Town of Darien Court. He's accused of being involved in a burglary reported at 1 p.m., Dec. 27, on Tinkham Road, Darien. Rosario was ordered held on $10,000 bail. The suspect is currently being held in the Monroe County Jail on unrelated charges.

James Ross Sweet, 53, of Walnut Street, Batavia, is charged with criminal contempt, 1st. Sweet allegedly initiated contact with a person he is barred from contacting by court order.

Timothy Joseph Clark, 54, of North Bergen Road, Bergen, is charged with harassment, 2nd. Clark allegedly grabbed a woman he knows. The alleged incident was reported at 2:45 p.m., Wednesday.

Mark Anthony DiManno, 56, of Ridgeview  Drive, East Rochester, is charged with criminal trespass. DiManno was arrested on a warranted and arraigned in Town of Batavia Court.

Alyssa N. Bannerman, 20, of Brockport, is charged with conspiracy, 6th, criminal possession of stolen property, 5th, and unlawful possession of marijuana; A 17-year-old from Brockport is charged with conspiracy, 6th, and criminal possession of stolen property, 5th; and, Antonio J. Goodson, 24, of Medina, is charged with conspiracy, 5th, and petit larceny. The trio was arrest by State Police in relation to an alleged larceny reported at Kmart at 3:30 p.m., Wednesday. No further details released.

Todd R. Stanton, 32, of Batavia, is charged with criminal contempt, 1st, and harassment, 2nd. Stanton was arrested by State Police for an alleged incident reported at 7:48 a.m., Monday. No further details released.

Video: Black bear on Alexander Road

By Howard B. Owens

Reader Amy Michaels sent us this video of a black bear eating from her bird feeder on Alexander Road.

Another reader reported tonight seeing a black bear in the area of Law Street.

Smoke reported coming from an apartment on East Main Street, Le Roy

By Howard B. Owens

Le Roy fire is responding to a report of smoke coming from the second story apartment at 27 E. Main St.

A second call reports it may be coming from a grill.

Le Roy ambulance and Bergen fire also responding.

UPDATE 9:34 p.m.: Call downgraded to one engine from Le Roy only.

UPDATE 9:27 p.m.: Le Roy fire back in service.

Owners of the Rack Shack confident you'll go out of your way for their BBQ

By Howard B. Owens

How far would you drive for really good BBQ? Yesterday, somebody reportedly drove 70 miles to try out Batavia's newest BBQ joint -- The Rack Shack, on Ellicott Street Road.

Open just a week and with little fanfare, the owners of the new restaurant are finding their location just a bit outside the city is well suited to the business they want to build.

"The location presented itself and we thought it was a good opportunity," said co-owner Mandee Hopkins.

The location was most recently Rosie's Diner. Rosie's nor the prior diner, Fedora's, really worked out for those owners. But Hopkins said she and her partners like the location because of the high volume of traffic on Route 63, the fact that the east side of Batavia -- with the ag park -- is growing, and they are confident good BBQ will make the restaurant a destination for smoked pork and beef aficionados.

The co-owners are her husband Jason, who has 25 years experience in the restaurant business, including working as head chef at the Hillside Inn and sous chef at the Valley Inn, and Jim and Melissa Penders. Jim is an award-winning BBQer who has worked in catering for 15 years.

"BBQ is what they love," Mandee said. "It's what they love to eat. It's what they love to cook, and it's a skill that needs to be mastered."

Mastered it, they have. The menu boasts that the pork ribs are so tender they melt off the bone. They'll never be accused of false advertising on that point.

The menu is filled with Southern flavor, from cole slaw to collard greens to cajun catfish along with WNY favorites such as salt potatoes, Pittsburgh salad, and their own version of the garbage plate, called the Shack Attack.

"We want to offer a warm, comfortable atmosphere where people can enjoy their food," Mandee said. "We believe in high standards and treating people like family."

Green Party candidate for governor campaigns in Bergen

By Howard B. Owens

Story by Sloane Martin, WBTA:

Howie Hawkins is running for governor for the second consecutive election on the Green Party tab.

A recent poll showed that a progressive candidate could cut significantly into the incumbent Democrat’s lead, giving that fresh option a chance.

Hawkins says he can be that candidate.

“We stand for progressive policies that benefit working people,” he said. “I think that’s what that poll says people are looking for. Those are the people who understand Cuomo’s been very conservative economically. He’s underfunded schools, he’s giving tax breaks to the rich and they’re looking for an alternative.

“Our problem is not that they don’t agree with us. It’s that they never heard of us.”

In Bergen Thursday afternoon before meeting with party members from the tri-county area, Hawkins outlined a six-point proposal to turn things around for the Empire State called the Green New Deal. It draws parallels to the Roosevelt domestic programs, but updates them for modern times seeking to bring jobs. For example, Hawkins supports giving unemployed people public jobs, similar to the WPA.

Hawkins says Cuomo’s problem is doing nothing about income inequality.

“The idea is: we give money to the rich and it trickles down; we have decades of evidence to show it doesn’t work. If we restored the progressive tax structure we had in the '70s, we’d have $30 billion more,” he said. “That’s about 21 percent more than we take in now and that would fund the Green New Deal.”

The other points as part of the Green New Deal include raising the minimum wage to $15 an hour, ensuring New Yorkers can make a living wage with single-payer health insurance, working to limit segregation in schools, providing affordable housing and mass transit and cultivating renewable energy.

Hawkins also had strong words about hydrofracking. He said the job impact estimates for the controversial natural gas drilling process are greatly exaggerated.

“No one denies the environmental dangers of fracking,” he said. “What’s not being communicated well is the economic benefits of going to 100-percent clean energy by 2030 far outweighs any economic benefits we could get from fracking. The most outlandish estimates I’ve seen from pro-fracking flacks from the industry is 200,000 jobs. We’re talking about 4.5 million jobs over the next 15 years (with clean energy). A lot of those are manufacturing, a lot of those are construction; those are good paying jobs. You want an economic boom? Go with clean energy.”

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