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Ryan Rast, of South Street in Le Roy, stands next to a giant snowman he built in his front yard with his buddy Ben Long.

A Le Roy man accused of making at least one sexually explicit video involving a minor isn't being held in jail because of the case's individual circumstances, said the Le Roy Police Department detective who made the arrest.

Det. John Condidorio said it was his recommendation that Stephen M. Smith be released to the supervision of Genesee Justice following his arraignment in Le Roy Town Court on charges of possessing a sexual performance by a child, promoting sexual performance of a child and use of a child in a sexual performance.

The detective said such decisions are rendered on a singular basis and the law.

"Each case needs to be looked at individually and it's totally (up to) the police department, the district attorney's office and the courts," Condidorio said.

It is the "looking at the totality of the case" that explains, Condidorio said, why Smith's case wasn't referred to federal authorities, and why supervision by Genesee Justice while the charges are pending fits the circumstances.

Smith, however, may yet face statutory rape charges once State Police detectives complete their own investigation.

The video, or videos, allegedly involving a minor from Le Roy, were not made in the Village of Le Roy. Condidorio jurisdiction is confined to the village.

Meanwhile, a person who has identified herself as Smith's girlfriend, who is also the minor child who may have been involved in the videos, has left comments on Facebook and sent an e-mail to The Batavian defending Smith.

The girl said Smith is embarrassed by the charges and upset by reading accounts of the case in the media.

She said she's known Smith since 2006 and they've been involved in a relationship since Aug. 24, 2008. She said he is the father of her 8-month-old child.

"I'm writing because I am concerned with what was stated in the posts about Stephen's charges," the girl wrote. "I fully understand that what I have to say most likely won't matter to anyone because people will judge him because of this no matter what is said or isn't said. That is fine, because anyone that KNOWS him on a personal level, knows that he is not some sick predator."

The girl writes that Smith used a camera that had been given to her as a present and indicates that making the video or videos was her idea.

She said she left the camera at Smith's residence unintentionally and it was seized when detectives searched the place.

"I had Stephen call the day after they confiscated our things and informed them that there was going to be inappropriate content on my camera," she wrote.

Condidorio said he couldn't discuss the content of the girl's Facebook post or even confirm that the victim was female.

He said he was prohibited from discussing the case in detail and could only talk in general terms about how similar cases are handled.

"It is our policy in the police department to try and protect victims of any crime as much as possible," Condidorio said. "But it is still a free country and it is not our policy to try and control the actions of victims."

Even though the girl sees herself as somebody who is in a relationship with the accused, at 16 or 17, under New York state law, she is not old enough to consent to sexual relations.

Besides the alleged video involving the girl, Smith is also accused of using a video file sharing service to pass along and download videos involving other minor children engaged in sexual activity.

The type of service Smith is accused of using is called peer-to-peer, which means users install software that allows them to share the contents of specific folders on their own hard drives.

The case was brought to the attention of Le Roy Police when New York State Police Computers Crime Unit notified the Le Roy Police Department that a person at 41 Elm St. in Le Roy allegedly possessed, and was sharing sexual videos of, underage children via the Internet.

Condidorio stressed that there is no evidence that Smith shared video involving the alleged local victim in this case.

The girl said she and Smith were upset when the case was first reportedly publicly.

"It sincerely made me nauseous and shaky when I first read this article on Wednesday night -- to know that the reputation of someone you love has been destroyed for something blown so far out of proportion," the girl wrote.

"And to know that he would be viewed in a disgusting way by the public. The look on Stephen's face when he read this article was unexplainable. I have never felt how I have these past few days."

An 18-year-old Batavia man accused of engaging in sexual activity with a child under 11 years old is less than four months removed from being released from custody on similar charges.

Ronald Smith, of 679 E. Main St., Batavia, was let out of state prison in October as a Level 3 sex offender.

Smith was previously convicted of engaging in sexual activity with girls ages 8 and 9. He was a Genesee County resident at the time of his arrest. He was convicted in March 2008 and sentenced to one to three years in prison.

Upon his release in October, Smith moved to an apartment on Thorpe Street and registered his address with authorities.

In November, Batavia Police sent a notice to residents in the area around Thorpe that a Level 3 sex offender was in their midst.

The address listed was a residence managed by Jeremy Yasses of J.P. Properties. Yasses said residents contacted him immediately about Smith living in one of his dwellings.

He had no idea Smith had moved in with a friend who was a tenant of an apartment.

The day after being notified, Yasses, who manages several properties on Thorpe, demanded that Smith vacate the residence. When he followed up with police, Yasses said he was told that Smith had moved to Oakfield.

"I don't want to live next to them and I don't expect my tenants to live next to them," Yasses said of Level 3 sex offenders. "I wouldn't ask my tenants to live next to anybody I wouldn't live next to myself."

At the time of his arrest today, Smith was, according to police, located at a residence at 679 E. Main St. in Batavia. He was also charged with failure to register his current address, as required by a registered sex offender.

Det. Kevin Czora said the recent allegations that Smith engaged in sexual conduct with a child under 11 were brought to police attention by a parent of the victim.

Smith was jailed on $25,000 bail.

(Initial Post)

Ed Minardo, the former director of Genesee Justice, who sacrificed his management job in order to help save the pioneering restorative justice program, is back at work.

It's a part-time job and not a supervisor's position, but Minardo is back in a role helping handle DWI conditional release cases.

The 19.5-hour position became available on Jan. 1 when another member of the staff quit, County Manager Jay Gsell told WBTA. Minardo was hired by the Sheriff's Office, which oversees Genesee Justice, to fill the position.

"Ed, of course, is familiar with the programs, and with the DWI program," said Sheriff Gary Maha. "He's already had his background investigation completed, he's already been fingerprinted...it just makes sense that if he was interested, we'd hire him.

"It's a win-win situation for us."

For more on the story from WBTA, click here.

A Level 3 sex offender has been arrested and accused of having sexual contact with a child under 11 in the City of Batavia on more than one occasion over a period of several months.

Ronald Smith, of 679 E. Main St., Batavia, is facing three charges of sexual abuse, 1st, and failure to report address change.

About a month ago, residents around Thorpe Street were notified by Batavia Police that Smith moved into an address at that location. He apparently did not stay long there.

Smith was jailed on $25,000 bail.

An early morning accident in Newstead near the Genesee County border claimed the life of a 44-year-old Basom resident.

Bryan J. Oczkowski was driving westbound on Carney Road in Newstead at 6:30 a.m. when his truck went off the road, rolled over and struck a utility pole.

Oczkowski was wearing a seat belt and an autopsy has been scheduled to determine his cause of death.

(via Buffalo News)

A Darien resident who wants to open a small business for auto repairs and sell a few cars at 606 Broadway got a little push back from the Genesee County Planning Board.

On Thursday, the board disapproved the proposed business because it apparently does not have a complete site plan according to code.

However, a representative of owner Mark Bernen said the site plan was completed exactly according to instructions from the Town of Darien Planning Board.

"We went back and forth and back and forth with the Town of Darien Planning Board," said Joyce Stevens. "He did everything on plans exactly like they said."

Planning Director Jim Duval said that the county's vote is advisory and the town board has the capacity to override the vote.

In another matter, Andrew Schmieder received approval to construct a new small house at 3438 Railroad Ave., Alexander.

Schmieder purchased the property at the county auction with the intent to restore the existing home, but it was too badly damaged by flooding and had to be torn down.

He said his mother will live in the new house.

The courthouse at 1 W. Main St. has been evacuated because of a fire alarm.

The alarm may be related to construction.

City Fire arriving on scene.

UPDATE 12:30 p.m.: There was no fire. False alarm. City fire is back in service. People are back inside the building. (Didn't hear when the scene was cleared.)

Press release from Genesee ARC:

Batavia, NY -- Family and friends of Genesee County ARC’s first PREP for Life Class gathered Thursday, Jan. 13 for a graduation ceremony at Genesee Community College’s Stuart Steiner Theatre.

Ten students walked across the stage to obtain their achievement certificate, marking completion of the program aimed at expanding their educational and vocational options.

PREP is an acronym which stands for People Realizing Education and Employment Potential. The program is a partnership between Genesee ARC and Genesee Community College and was established to improve student transition from high school to employment. It is a non-credit certificate program for individuals with developmental disabilities who desire a college experience.

The graduates are: Melissa Cook, Jesse Gray, James Grudzien, Dwight Hicks, Sherrie McKenzie, Andrew Moyles, Jason Northrup, Corinne Phelps, Christine Tinklepaugh and Janette Vick.

"PREP for Life grew out of our conversations with families who wanted their children to have access to more life experiences and skills," says Genesee ARC Executive Director Donna Saskowski.

Students learned skills in the areas of socialization, self-advocacy, time management, transportation, adaptive living skills, career exploration, job readiness and employment training. Another aspect of the curriculum included community volunteerism. Students used classroom space at the Genesee ARC Community Center, and at GCC they used the library, cafeteria, computer lab and meeting space.

According to Clifford Scutella, GCC director of Student Activities, it has been a pleasure interacting with the PREP for Life Students.

“They love life and being here brings so much joy to us and everyone at the college,” he said.

Since PREP for Life began, Mr. Scutella has always reached out to include the students in college activities. He was a speaker at Thursday’s graduation. PREP for Life Teacher and Genesee ARC Day Habilitation coordinator Kim Weber also addressed the students and guests.

“As a teacher, I believe that every day is about learning -- not just for the students, but for the teacher as well,” she said. “Each day the students have taught me something about myself, life and becoming a better person."

Graduates can now use the skills they have developed to help focus on their future. Opportunities include a new program option called AIM (Adults In Motion). It is a community-based enrichment program that gives individuals an opportunity to further explore their interests and goals.

It offers a variety of instruction and experiences designed to increase independence in various functional living skills such as safety, health and nutrition, hygiene, recreation and leisure, career exploration, and community access.

There is also the potential for training in prevocational/vocational areas through the Vocational Department at the Genesee ARC Work Center and the new Culinary Arts Program at the Genesee ARC Community Center.

Photo submitted by Sandy Konfederath.

A one-car rollover accident has been reported in the area of 40 Ellicott Ave., near the intersection at Washington Avenue.

One person is trapped and needs extrication. The victim says he's not injured.

City of Batavia Fire and Mercy EMS responding.
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A Vine Street resident is accused of defrauding an elderly woman of more than $58,000 from September 2009 to October 2010.

The case came to the attention of authorities after local bank employees became suspicious of $5,500 in checks the suspect was trying to cash.

Charged grand larceny, 2nd, is Myron W. Hartford, 41, of 154 Vine St., Batavia.

Hartford was jailed on $50,000 bail.

Press release from County Treasurer Scott German:

Genesee County Treasurer Scott D. German announced today that sales tax was up in Genesee County in 2010 compared to 2009. We are up $723,777 (before distribution) over last year, German said.

We still ended up underbudget, German said. In both 2009 and 2010, the county budgeted $12,500,000 for its share of the 3 percent of sales tax. In 2009, the county ended up short of the budgeted amount by $467,000 and we will end up about $197,000 underbudget for 2010.

For the 2011 budget, the county budgeted $12,200,000 for sales tax, a $300,000 reduction from the previous two years.

Adam Richard Kopp, 20, of Bushhill Road, Farmersville, is charged with criminal possession of a controlled substance and petit larceny. Kopp is of stealing and then possessing a quantity of Lortab tablets. Kopp was jailed on $10,000 bail.

Dana Douglas Hagen, 31, of Batavia-Byron Townline Road, Byron, is charged with DWI, moving from lane unsafely and no seat belt. Hagen was allegedly involved in a personal injury accident at 11:08 p.m., Wednesday, in the area of 7812 Fotch Road, Stafford. Hagen's car reportedly struck a utility pole at that location.

Penny S. Hofert, 45, of 11 Porter Ave., Batavia, is charged with petit larceny. Hofert is accused of shoplifting from Dollar General.

Elba student Sam Lamont, who was picked to represent Genesee County as a student attending Gov. Andrew Cuomo's State of the State Speech (writing about it here), received another honor from the New York Legislature today. Assemblyman Steve Hawley presented him with a flag that has flown over the state capitol in Albany.

A Le Roy man is facing three felony charges after he allegedly lured a young acquaintance into performing sexual acts in front of a camera and then sharing those videos online. CORRECTION: Det. John Condidorio sent a note this morning saying there is no evidence that the video the suspect made was shared online.

He's also accused of downloading and sharing other sexual content involving other children through a file sharing service.

Stephen M. Smith, 21, of 41 Elm St., Le Roy, is charged with possessing a sexual performance by a child, promoting sexual performance of a child and use of a child in a sexual performance.

Smith allegedly lured a person under age 17, whom Det. John Condidorio describes as "an acquaintance" of Smith's who also lives in Le Roy, into performing a sexual act and then making the video available on the Internet through a file sharing service.

File sharing services allow person share music, video and pictures directly from his own hard drive with other people on the Internet using the same software.

Quite often such services are used to share pirated music and movies among users.

The first charge accuses Smith of possessing sexual material involving children under 16, the second accuses him of allowing such material to be shared online and the third involves luring the Le Roy minor into a sexual performance.

Condidorio said he doesn't believe any other local minors were involved in making videos with Smith.

Smith was arraigned by Justice Kermit Arrington of the Le Roy Town Court and released under supervision of Genesee Justice.

No federal charges are pending and Condidorio said Smith has been cooperative throughout the investigation.

The investigation began in March when the New York State Police Computers Crime Unit notified the Le Roy Police Department that a person at 41 Elm St. in Le Roy allegedly possessed and was sharing sexual videos of underage children via the Internet.

A joint investigation was initiated and in July of 2010, the Le Roy Police executed a search warrant at the residence and secured computers and video cameras. These were later examined at the Western Regional Computer Forensics Lab in Buffalo and allegedly possessed sexual videos of underage children.

Mickey Harlan DeJesus, 22, of Perry Road, Pavilion, is charged with criminal contempt, 2nd. DeJesus is accused of contacting a female he was ordered not to contact. The protection order was issued by Town of Le Roy Court. DeJesus was jailed on $500 bail.

Brian Richard Gombos, 21, of Britt Road, Le Roy, is charged with DWI, driving with a BAC of .08 or greater, speed not reasonable and moving from lane unsafely. Gombos was arrested following a traffic accident at 2:39 a.m. today in the area of 7104 Quinlan Road, Le Roy. Gombos's car reportedly struck a utility pole. There were no injuries in the accident.

Jeffrey Allan Mooney, 57, of Quaker Road, Albion, is charged with driving with ability impaired by drugs, no license plate lamp, insufficient tail lamps and leaving scene of a property damage accident. Mooney is accused of driving a car that struck gas pumps at Yellow Goose in Elba and then leaving the scene at 4:41 p.m., Jan. 6. Following a tip from a witness, Mooney's car was spotted on Route 98 in the Town of Batavia by Deputy Cory Mower.

Kevin Robertson, principal at Holy Family School, Le Roy, submitted this item about Lorie Longhany's art classes at the school.

Since returning from Christmas break, there has been a lot of bustling activity in Mrs. Longhany's Art Room at Holy Family School.

Kindergarten has been learning about texture and tone, and have created portraits of cookie monster.

Others are exploring units on penguins with warm/cool projects -- with crayons for first grade, collages in second grade -- where glaciers and icebergs are incorporated in South Pole landscapes. Third-graders are currently working on papier-mache penguins from recycled juice bottles, a favorite of Holy Family students!

Fourth-graders are creating Native American symbols and shields, fifth-graders are designing a 3-D meal from salt clay. Meanwhile, sixth-graders are venturing back to Ancient Egypt and creating scareb amulets and gold scratch-art portraits of King Tut using hieroglyphics.

Seventh-graders are working on tempera painting in pop-art style using tinting techniques. Eighth-graders are exploring the gold-guilded work of Austrian artist Gustav Klimt with portrait scratch-art.

Visual Arts are an important experience at HFS where an emphasis is put on cross-curriculum as well as art fundamentals, which also include faith-based projects centered around the yearly Catholic calendar. Pictured above with art teacher Longhany are Holy Family's Artists of the Week.

Overnight snow brough a few inches of accumulation and this morning Dan, a county worker, was out shoveling Ellicott Street sidewalks.

The snow, with an accumulation of one to three inches, is expected to continue until 5 p.m.

Temperatures are in the high teens.