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With police sharing few details, it's still not clear what led to a deadly confrontation between a 61-year-old Albion man and a Sheriff's deputy outside of the Log Cabin Restaurant last night.

According to sources, Keith Kent may have gotten into some type of argument after stopping at the restaurant for dinner while on his way home. The argument may have become physical and he may have been hit.

It's unclear what happened next, but a source said employees ushered themselves and customers into the basement once the disturbance started.

According to Undersheriff Gregory Walker, Kent was confronted by officers outside the restaurant at about 11 p.m. after receiving reports of shots fired. Walker said when officers first arrived on scene, Kent fired a shot. It's unknown what if anything he was aiming at. Officers, according to Walker, shouted commands at Kent but he did not obey them. When he turned toward a deputy and appeared to point his handgun at the deputy; the deputy fired at least one round that struck Kent and killed him.

Kent owned a logging business in Albion, Jordan River Logging, on Route 31A. According to news reports going back to the early 2000s, Kent was involved in disputes related to his business.

Orleans Hub reported today that Kent had complained in the past about how authorities handled his cases, including one where he was charged with felonies but a grand jury did not indict him following a hearing.

He was accused of taking far more trees than he was supposed to from a Barre woman. In an agreement, Kent was to take 40 trees but was accused of taking close to 200.

Kent, 61, complained to friends and neighbors, and in letters sent to newspapers, that he was wrongly prosecuted with the charges, hurting his reputation and business.

Kent also said his business was destroyed by the “Rutherford-Cain gang” from Niagara County, who were rival loggers. Kent in an email to the Orleans Hub on June 29, 2017, saying the two from Niagara County caused him “eight years of hell on earth, including vandalisms, thefts, arson and attempts on my life.”

According to a 2007 article in the Buffalo News, David Cain, then 38, was convicted in Federal Court of 17 felony charges, including racketeering, racketeering conspiracy, three extortions, two mail frauds, five arsons, three tamperings with witnesses, conspiracy to tamper with witnesses, and evidence tampering.

His brother, Christopher, and cousin, James Soha, were convicted of five felonies each, including racketeering.

David Cain was eventually sentenced to 55 years in federal prison.

In 2011, Kent sent a letter to several publications, including the Medina Journal-Register, accusing Orleans County District Attorney Joseph Cardone of using incidents stemming from the Cain criminal activity to "create" a crime against him, even though Kent has assisted in the prosecution of Cain.

He wrote:

Although the Grand Jury soundly rejected issuing an indictment for “timber theft,” through highly suspect means, a lesser indictment was obtained against me. Judge Punch swiftly ruled to dismiss all charges, stating, “... the evidence before the Grand Jury was legally insufficient.”

Adding,

What was your true motive, Cardone, had I not just handed you the key witnesses that gave you no alternative but to indict David Cain Jr., who was later sent to federal prison for 55 years? I had essentially rid Western New York of the worst gang of criminals in the last century after enduring a living hell at their hands. Until I brought you the witnesses and gave you no choice, I received no help at all from you. Was my arrest your attempt to destroy my name and all I’ve worked for because I embarrassed you into doing your job?

Kent sued Cardone and lost, with a court ruling that Cardone had "absolute immunity."

For Kent, the dispute seems to have remained unresolved, according to Orleans Hub:

Kent in his email to the Orleans Hub said he was terrorized for eight years while law enforcement did nothing to protect him or his family. He said he was treated “shamefully” by District Attorney Joe Cardone, the U.S. Attorney’s Office and the U.S. Marshals.

The Batavian's news partner 13WHAM was able to conduct a short phone interview with Keith Kent's older brother, Gary, who described Keith as a family man who loved his children. He had a wife, two adult children, and four grandchildren.

Previously:

• Man shot and killed after pointing handgun at deputy outside Log Cabin Restaurant
• Man shot by deputy at Log Cabin was looking for a fight according to early reports from the scene

This afternoon on Old Telephone Road in Bethany, Wesley and Joan Spring were doing something they do just about every spring -- putting out American flags.

"We’re just putting out flags because we believe in America," Wesley said.

They were eager to get it done this year because of the extra traffic on Old Telphone Road with Route 20 being closed for reconstruction of the Bethany Center Road Bridge, and they wanted to get it done while the weather is good before there is more snow.

"We believe in our country," Wesley said.

"Right now, it’s in so much turmoil but we still believe in it," Joan added.

A car fire is reported in front of the Post Office in Batavia, 2 W. Main St.

City fire dispatched.

UPDATE 7:56 p.m.: City Fire back in service. A chief reports $2,500 in damage to the vehicle with a cause of the fire being grass built up around the exhaust system.

After years of crumbling, the Bethany Center Road Bridge over Route 20 has finally come tumbling down.

Demolition crews brought the 86-year-old concrete span down today as part of a $1.4 million DOT project to replace the long-dilapidated bridge.

Previously: 

• DOT announces $1.4 million in funding for Bethany Center Road Bridge
• Photos: The decaying state of the Bethany Center Road bridge

UPDATE 11:40 a.m.: The name of the man shot is Keith A. Kent, 61, of Albion.

A man who was shot and killed outside the Log Cabin Restaurant late last night was causing a disturbance inside the establishment, according to Undersheriff Gregory Walker, and said at one point, "where are the police?"

The man was challenging people inside the restaurant to a fight, trying to convince them to meet him outside, Walker said.

Deputies were dispatched to the restaurant a little before 11 p.m. for the disturbance and while in route were informed of the reports that shots where fired.

“The officers were given a description of the subject who had the handgun," Walker said during a press conference this morning at the Sheriff's Office on Park Road. "When they arrived in the parking lot they saw a subject who matched the description and also when they arrived there was a shot that was fired as officers arrived on scene.”

Officers shouted numerous commands for the subject to drop the weapon, Walker said.

"He did not comply and the officers had to shoot and did kill the subject," Walker said.

The name of the deceased has not been released yet pending notification of his family.

Walker said the man did turn and point his gun at a deputy.

Walker confirmed that deputies were wearing body cams and body cams were recording at the time of the events. That video footage is still under review.

He couldn't say, with the limited information still available, how many officers -- including state troopers and possibly Batavia PD -- were on scene at the time of the shooting.

While it appears there were shots fired inside and outside the restaurant that hasn't been confirmed yet through the investigation. 

Walker said he could not say yet how many shots were fired, either by the subject or by police.

The type of handgun used by the subject was not released nor was information released about whether it was legally owned, by whom and whether the subject had a permit. 

Since the shooting involves a member of the Sheriff's force, there will be an independent investigation of the shooting.

While the name of the deputy involved hasn't been released, Walker said, “He’s doing OK considering the circumstances. We will be spending a lot more time with him and helping him out to get through this circumstance.”

Major Edward Kennedy, State Police, Troop A, said the investigation will be conducted just like any other investigation -- the forensic evidence will be gathered, evidence reviewed and witnesses interviewed.

“I understand your questions," Kennedy said. "They’re relevant. They are absolutely understandable but they are things we cannot comment on. This is currently an active crime scene. We are in the very early stages of an investigation. This is a tragedy for everyone. That is the best we can give you right now.”

Previously: Man shot and killed after pointing handgun at deputy outside Log Cabin Restaurant

A motor-vehicle accident with minor injuries is reported at Main Street and Bank Street, Batavia.

City fire and Mercy EMS dispatched.

A Sheriff's deputy dispatched to a report of shots fired at the Log Cabin Restaurant at just before 11 p.m. Wednesday shot and killed an armed suspect after the suspect pointed his weapon at the deputy, according to Undersheriff Gregory Walker.

"Officers were responding to the scene (for a report of shots fired) and when they got here they found the suspect in the parking lot," Walker said. "The officers yelled commands to him; when they yelled the commands to him, he turned towards one of our officers and pointed the gun at our officer. Our officer did take the shot and the suspect was killed."

The suspect's weapon was recovered at the scene, Walker said.

Since the shooting involved a Sheriff's deputy, the State Police were asked to lead an independent investigation. Walker said he expects a joint Sheriff's Office and State Police press conference later this morning or early afternoon to discuss the incident in more detail.

At this time, Walker said, investigators do not know why the suspect was firing his gun.

The only person shot was the suspect. He has not yet been identified. Nobody else was injured in the incident.

While details of the incident have not been confirmed yet, it's possible, Walker said, the suspect did fire his weapon both inside and outside the restaurant before law enforcement arrived on scene.

There were customers and staff in the restaurant when the incident started.

The suspect was armed with a handgun, according to Walker, and officers were informed before arriving on scene that there was confirmation of shots being fired at the location.

The name of the deputy involved has not been released.

The Log Cabin Restaurant is located at 1227 Gilmore Road, Indian Falls. At this time, Gilmore Road remains closed between Route 77 and Akron Road.

Neither Walker nor Chief Deputy Jerome Brewster could remember another officer-involved shooting in Genesee County in the past 30, 40, or more years. Brewster said he thinks the last one involved Batavia PD on Oak Street in the 1970s.

(Initial report)

Press release:

In 1991, a formal Congressional resolution acknowledged the vital role that telecommunicators play in emergency situations by proclaiming the second week in April as a week of annual recognition in their honor. National Public Safety Telecommunicators’ Week is a time to thank these men and women who have dedicated their lives to serving the public.

The Genesee County Sheriff’s Office recognizes and commends the County’s 9-1-1 dispatchers for their dedication, professionalism and commitment to public service.

9-1-1 dispatchers are there 24/7, 365 days a year for first responders and the public in time of need. Many people do not think about these seemingly nameless, faceless individuals until they experience actual emergencies themselves. In many instances, 9-1-1 dispatchers make the difference between life and death.

More than 93,000 events were dispatched in 2017, a daily average of 255, and more than 120,000 telephone calls were handled last year, which is an average of 329 calls per day.

The Genesee County Emergency Dispatch Center (Public Safety Answering Point-PSAP) is comprised of 24 men and women who dispatch to five local police agencies/New York State Police; 19 fire departments/Emergency Management Service; threee ambulance services; as well as 41 other local, county, regional, state and federal agencies.

The Genesee County Sheriff’s Office recognizes these public safety professionals who have worked so hard during this past year. Every day citizens depend on the skill, expertise and commitment of the 9-1-1 dispatchers. They are the first to take that phone call; the first to provide basic life support in a medical emergency; and also the first to dispatch needed fire, police or EMS responders for the call.

They are to be recognized and commended.

Photos by Howard Owens.

When the children of Claudia Celia Rincon Pico and Loan Trang entered Batavia City Schools a few years ago, neither mother spoke a word of English.

On Tuesday night, both mothers spoke to City School Board members to demonstrate how a special Sunday night English class led by Jenna Mrzywka and Courtney Turner has helped them improve their English.

Mrzywka, an English as a Second Language teacher at Jackson, and Turcer, an ESL teacher at Batavia HS, started the Sunday adult English night class on their own (it's now supported by the district) two and a half years ago.

"They're new to the community and a lot of times when someone is new to a country they feel there are cultural and language barriers so they don't always come into the school," Turcer said. "This is a chance to bring parents into the school building and a chance for kids to help their parents and it's a way for them to make friends and get roots in the community. They know English is important so it's a way for them to help themselves."

Rincon Pico and Trang have been part of the program since its inception, though Trang recently opened a nail salon in Erie County and now lives in the Pembroke Central School District, where her son attends school.

Rincon Pico is from Colombia and Trang is from Vietnam. Turcer said ESL students tend to be predominately Spanish-speaking, though Chinese is often common, but students have come through speaking other languages, including an Indian language and French. When she started with district five years ago there were 13 or 14 ESL students, she said. Today there are 40, including 10 at the high school.

Both Mrzywka and Turcer have built solid relationships with parents in the class, which makes it easier to help them deal with school work for their children.

They also said the parents, despite often coming from different countries and cultures, build lasting friendships among themselves.

The non-English population in Batavia is fluid, Turcer said, so there is some fluctuation in class size. Currently, there are five adults in the class. There have been as many as 10 and as few as two.

Adult students start with the basics, learning their ABCs, and move onto personal identification, food, and household items.

In their presentations, Rincon Pico and Trang shared about their home countries, what their interests are, and their favorite dishes from their homelands. Interestingly, both dishes, though very different, featured pork, rice and peppers.

Trang said she was grateful to the Batavia district for all it had done for her and her family.

"I love to become an American," said Trang at the close of her talk, who also noted one of her favorite holidays is the Fourth of July. "I love it here and I love America."

Jordan S. Thomas, 19, of Elm Street, Batavia, is charged with criminal contempt, 2nd. Thomas allegedly violated an order of protection by allowing the protected party to stay at his residence for several hours on Monday. Thomas was jailed on $1,000 bail.

Octavio Michael Tardy, 52, of Walnut Street, Batavia, is charged with harassment, 2nd. Tardy allegedly shoved another person during an argument at 1:22 p.m. March 25 at a location on Main Street, Batavia.

Amy M. Gasper, 45, of Webster, is charged with petit larceny. Gasper is accused of a theft in the Town of Batavia at 9:53 a.m. on April 4. She was arrested by State Police on Tuesday. No further details released.

The Genesee County Health Department conducted a community health emergency drill today at Genesee Community College, this time simulating how workers would handle a potential outbreak of Hepatitis A.

These drills are required by the state and state health department officials draw up the scenario that will be handled by all the county health departments in the state.

In this case, the health department was notified that a fictitious worker at a fictitious grocery store had contracted Hepatitis A, confirmed by lab results. Since the store employee handled fresh produce, residents in the county were to be notified through news media that if they had been in that store, especially in the produce section, that they may have been exposed to Hepatitis A. The residents are then encouraged to come to the aid station, register, be asked a few health questions and if not yet symptomatic, given a vaccine shot.

In the drill, nurses, from the mental health department in this drill, simulated the shots by sticking a needle into a tangerine. 

Some of the participants acting as patients in the drill were GCC students. Each trip through the process was worth a slice of pizza.

An effort to reduce the cost of the county's Weights and Measures program and generate new fees to help cover the costs of an inspector's duties got sidetracked last month when county officials found out state law wouldn't allow them to charge one of the fees on the new fee schedule.

It's called a "witnessing fee." It is charged when an inspector works at a facility with a third-party to certify the scales of a company that uses large equipment. The third-party calibrates the large scale when the county doesn't have its own equipment to calibrate large scales. The inspector must witness the work and place the seal on the equipment once it is certified as accurate.

Under Article 16 of the Ag and Markets Law, the county can charge this fee but another section says they can only charge a witnessing fee if it owns the calibration equipment.

Genesee County does not own this equipment and works with a company from Rochester to perform the inspections.

The County Legislature approved a plan at the beginning of the year to eliminate Weights and Measures as its own county department with its sole employee, the director of weights and measures. The division is now part of the County Health Department, under Director Paul Pettit, and the county's weight and measures "director" is a director in title only.  He is the inspector.

In January, the county hired an inspector and teamed him with a trainer from weights and measures. At his first large job, a firm in Genesee County that asked not to be identified, the inspector informed the owner he was going to charge the witnessing fee. The new inspector was told by both a rep from the Rochester firm and the owner of the local company that the fee wasn't legal.

That evening, the new inspector told his local supervisor that he couldn't charge the fee. The following day, a Friday, there was a snowstorm and the inspector says he was told he could stay home with his kids.

On Monday, the inspector was dismissed from his job. He said he believes it was because he refused to charge the witnessing fee. He said the official reason was he was given was an "attendance problem" but he doesn't believe he had an attendance problem.

Pettit said he can't discuss personnel issues.

He did acknowledge that it was through the inspection at the local company that the county was made aware of the contradiction in state law over the witnessing fee.

Pettit said the county has not charged the fee nor has it collected the fee. The dismissed inspector said he handed a bill with the witnessing fee to the local business owner. The owner said he refused the bill.

Pettit said the county and its attorneys are working with state officials to try and resolve the issue over witnessing fees, which a spokesperson for Ag and Markets confirmed, but Pettit thinks it will take a change in the state regulations in order for Genesee County (and Orleans County) to be able to charge a witnessing fee without owning its own equipment.

"This witnessing fee allows us to recoup some of the time spent out on the site by our director," Pettit said. "He might be out there two, four, six hours, depending on the intricacies of the test. If we're not able to collect the fee, the full cost of that test is being borne by the taxpayer."

A two-car accident with unknown injuries is reported on Route 98 at Lockport Road, Elba.

Elba fire and Mercy EMS dispatched.

UPDATE 8:17 p.m.: There are injuries. Elba is responding from Alexander, where crews were in training. Barre is being put on standby.

UPDATE 8:26 p.m.: Fire police requested to shut down Route 98 at Old Orchard Road.

As County Health Director Paul Pettit anticipated, there are a few more cases of flu reported locally after a sharp decline from the peak of the season in February.

It's too soon to tell, Petit said, how strong this second wave of cases will be.

"Until we get the next report, we're not sure if it's going to go back down or back up," Petit said.

For the week ending March 31, there were 23 reported flu cases in Genesee County, up from just 13 the week before.

Statewide, the trend is also toward a second wave of flu cases.

"It’s very typical in most seasons, have a peak and then numbers will tail off but then usually there is a second wave," Petit said. "It's usually not expected to be as prevalent."

In total for Genesee County, there have been 683 flu cases reported this season. Petit said typically we would have from 150 to 200 flu cases.

"It's never too late to get a (flu) shot," Petit said; however, he urged people who start to have flu-like symptoms to try and avoid contact with other people and if they take an antiviral medication such as Tamiflu, that will help.

On Friday, we published a story about the active threat training going on at the NYS School for the Blind in one of the vacant buildings. Batavia PD shared with us this video taken using an instructor's body cam of one of the force-on-force drills.

Press release:

Saturday night, Congressman Chris Collins again attacked the student-led forum held in Buffalo, which was organized by students across his district. And once again, he did it behind closed doors in an environment that he could control.

In an interview posted in its entirety on wgrz.com, Collins swings wildly with his attacks and unfounded allegations. Previously he said the event would be a “circus.” But when confronted about it being respectfully held in a church, he scoffed, literally laughing and going back to labeling all those involved, calling it a “partisan, liberal event.”

When told by the reporter from the news station that she witnessed and collected unsolicited questions from all those in attendance, Collins refused to acknowledge it and insisted that the event was an “a joke.”

In the interview, Collins also claims that panel participant and his Congressional race opponent Nate McMurray was “handpicked” by Brian Higgins to participate.

McMurray responds, "Higgins had nothing to do with me being there, and in fact was probably not happy the students invited me. Collins is clinging to that empty take like a man clinging to (a) life preserver. As you can see in his interview, he’s worried. He wants to create as much confusion, so he never has to face me directly."

Collins also claims that McMurray had as much a right to be there as an Uber driver.

McMurray responded, “Honestly, I should just laugh it off, but it’s such an elitist thing to say. I hope there were some Uber drivers there. I met some teachers, law enforcement folks, and others. I’m guessing we had a few Uber drivers, too. It was packed!”

As to Collins claims that it was partisan, McMurray replies, “I volunteered not to go, if he decided to go. I would have been much happier if he, as our elected official had taken the stage. I could have done what he did and sit home and watch the tape, because he obviously studied every second of it.

"But he, like every other member of his party who refused to attend, and there were multiple invitations sent out to multiple elected officials, decided to make it a partisan event.”

McMurray says he will now do what Collins would not.

“I am going to reach out to pro-Second Amendment groups. And I will reach out to the student groups once again to see if they also want to participate. But I want to speak before groups that may not agree with me, that may even boo me. There will be another forum.

"That’s how we solve things in America. We don’t retreat to our partisan camps. We don’t attack behind the closed doors of television studios. We meet in the public square, the town hall.”

Jonathan P. Balaz, 41, of East Main Street, Batavia, is charged with falsely reporting an incident, 2nd. Balaz is accused of pulling the fire alarm at DePaul Properties, 555 E. Main St., Batavia, at 4:37 p.m. Friday when there was no fire or another emergency. (Balaz was recently arrested on two similar accusations.)

Rachael Marie Lochner, 23, of Janice Drive, Rochester, is charged with: felony DWI (driving drunk with a child less than 16 in the vehicle); driving with a BAC of .18 or greater; failure to keep right; and moving from lane unsafely. Lochner was involved in an accident on South Street Road, Pavilion, at 1:41 p.m., April 4. Her vehicle reportedly left the roadway and struck two fences, causing property damage, to two other vehicles and a building. The accident was investigated by deputies Andrew Mullen and Kevin McCarthy.

Rueben O. Walker, 33, of Ellicott Street, Rochester, is accused of criminal possession of stolen property, 4th, and criminal impersonation, 2nd. Walker is accused of using a debit card belonging to another person, claiming he knew the person but did not have permission to possess or use the card. He was jailed without bail.

Shaquille Levon Davis, 25, of Main Road, Stafford, is charged with criminal mischief, 4th. Davis allegedly damaged a door during an argument at a residence on Highland Park at 2:45 p.m., Thursday. He was ordered held on bail.

Robert D. Griffin Sr., 39, no listed address, is charged with criminal contempt, 2nd. Griffin is accused of violating an order of protection at a location on Manhattan Avenue at 7:50 p.m. Saturday.

Antonio M. McKinney, 43, of Gibson Street, Buffalo, is charged with DWI. McKinney was arrested after Officer Christopher Lindsay responded to Speedway at 4:24 p.m. Saturday to investigate a report of a larceny. Upon investigation, it was determined that McKinney allegedly drove to Speedway in an intoxicated condition. He was jailed without bail.

Kevin Angel Rivera, 23, of Richmond Terrace, Staten Island, is charged with harassment, 2nd. Rivera is accused of pushing another person and punching that person in the face during an argument at College Village at 4 p.m. Sunday.