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Press release:

As required by NYS election law, Genesee County's local Democratic Committees recently held their reorganization meetings and elected their officers. The new Committee Chairs are as follows:

 

Batavia -- Erica O'Donnell

Bergen -- Anne Sapienza

Darien -- Michael Plitt

Le Roy -- Ninja Calhoun

Pembroke -- Aaron Blake

Stafford -- Jacqueline Cavanaugh 

 

You don't need to be a political junkie to get involved, you just need a desire to make a difference in your community. If you want to get involved locally or are interested in running for office contact us at geneseenydemocrats@gmail.com

Yesterday morning the 46-year-old Miles was arrested following a domestic incident at 207 Washington Ave., Batavia, where he allegedly tried to barricade himself in an apartment with a couch and then set it on fire.

After a standoff, because Miles had allegedly threatened to shoot police officers, Miles exited the burning apartment through a back window and refused to come down from a roof, before agreeing to climb down a ladder.

The District Attorney's Office is reviewing the case and has yet to recommend charges against Miles.

Meanwhile, the Sheriff's Office announced that Miles is being charged with two counts of criminal sale of a controlled substance, 3rd, and two counts of criminal possession of a controlled substance, 3rd. 

Cases against Miles are still open from 2017 when he was charged with criminal obstruction of breathing, torturing or injuring animals, unauthorized use of a vehicle, and criminal contempt.

Miles was arrested in August for allegedly putting his arm around the neck of another person and injecting a dog with an unknown purple liquid.

In July, he allegedly took a car belonging to another person without permission.

Following arraignment on the drug charges, Miles was returned to the Genesee County Jail without bail.

Dalton Chadwick Kelley, 20, of Chase Park, Batavia, is charged with attempted assault, 3rd, and harassment, 2nd. Kelley is accused of hitting another person in the forehead and of hitting a police officer during an incident at 11:03 p.m. Jan. 3 on Chase Park, Batavia. Kelley was jailed on $2,500 bail. Kelley is also accused of keying two vehicles at 6:25 p.m. the same day and was charged with two counts of criminal mischief, 4th.

Austin L. Wester, 23, of Pratt Road, Batavia, is charged with four counts of possession of a forged instrument, 2nd. Wester is accused of forging four checks belonging to another person in order to cash them.

Devon Devonanir Rodgers, 30, of Pearl Street, Batavia, was arrested on a warrant out of City Court for alleged violations of the terms of his conditional release.

Alicia Michelle Gomez, 42, of South Main Street, Batavia, is charged with violation of probation. Gomez was released on a warrant stemming from a complaint in February. Gomez was jailed on $2,500 or $5,000 bond.

Frankie J. McQueen, 26, of Snipery Road, Corfu, is charged with DWI, driving with a BAC of .08 or greater, illegal signal, and aggravated unlicensed operation, 3rd. Officer Chad Richards was dispatched at 6:51 p.m. Dec. 27 to the area of Thomas Avenue for a report of a red Chevrolet Cobalt being driven erratically and at a high rate of speed. The vehicle was located and stopped at McQueen was identified as the operator.

Samuel A. Torrelli, 24, of Stage Road, Albion, is charged with unlawful possession of marijuana and inadequate headlights. Torrelli was stopped at 10:30 p.m. Dec. 28 on East Main Street, Batavia, by Officer Mitchell Cowen.

Winston A. Lockhart, 22, of Holland Avenue, Batavia, is charged with two counts of harassment, 2nd. Lockhart was arrested on a City Court warrant after police were dispatched to 29 Holland Ave., Batavia, to investigate an unrelated disturbance. 

Zachary J. Marrow, 26, of Seven Springs Road, Batavia, was arrested on two warrants for alleged failure to appear in City Court after being served subpoenas. Marrow was located by Deputy Mathew Clor and turned over to Sgt. Eric Bolles and arraigned in City Court.

Levi Spikes Jr., 44, of Lewis Place, Batavia, is charged with unauthorized use of a motor vehicle, 3rd, speed not reasonable and prudent, leaving the scene of a property damage accident, unlicensed operator, driving without insurance. Spikes was allegedly involved in a motor-vehicle accident at 9 a.m. Jan. 1 at 56 Harvester Ave., Batavia.

 Jacob J. Sponaugle, 18, of Liberty Street, Batavia, is charged with driving while impaired by a combination of alcohol and drugs, aggravated unlicensed operation, 3rd, driving a vehicle without an inspection sticker, failure to keep right, and unlawful possession of marijuana. Sponaugle was stopped at 9:46 p.m. Dec. 29 on East Main Street, Batavia, by Officer James Prusak.

Joseph Michael. Smith, 41, of State Street, Batavia, is charged with petit larceny. Smith is accused of stealing from his employer, a gas station and convenience store at 629 East Main Street, Batavia, in November. Smith was also charged with petit larceny for allegedly shoplifting from Dick's Sporting Goods.

Justin T. Gladney, 28, no permanent address, is charged with unlawful possession of marijuana and criminal trespassing, 3rd.

James Derek Wert, 36, of Tracy Avenue, Batavia, is charged with criminal contempt, 2nd, and harassment, 2nd. Wert was allegedly involved in an incident at T.F. Brown's on New Year's Eve where he violated an order of protection and struck another person in the face. 

Jonathan R. Hyman, 45, of Drake Street, Oakfield, is charged with unlawful possession of marijuana, driving a vehicle without an inspection sticker, and criminal possession of a weapon, 3rd. Hyman was stopped at 4:08 p.m. Saturday on Main Street Road, Batavia, by Deputy Kyle Krzemien.

Christopher Patino, 23, of Eagan Boulevard, Henrietta, is charged with DWI, driving with a BAC of .08 or greater, unlawful possession of marijuana, and following too closely. Patino was stopped at 7:11 p.m. Friday on Route 77, Pembroke, by Deputy Micheal Lute.

Kenneth Joseph Rumble, 28, of Maple Road, Alabama, is charged with possession of a hypodermic instrument. Rumble was allegedly found in possession of a needle during a search by a probation officer.

Michael A. Shetler, 27, of Stafford, is charged with menacing, 2nd, unlawful imprisonment, criminal mischief, criminal mischief, 4th, acting in a manner injurious to a child. Shetler was arrested by State Police in relation to an incident reported at 9:29 p.m. Saturday in Stafford. No further details released.

Ricky O. Cooper, 40, of Le Roy, is charged with harassment, 2nd. Cooper was arrested by State Police in relation to an incident in Pavilion reported at 11:20 p.m., Nov. 21. No further details released.

James M. Caccamise, 29, of Byron, is charged with forgery of a deed or will. Caccamise was arrested by State Police. No further details released.

Le Roy fire is out at 66 Clay St., Le Roy, for water in the basement and an odor of natural gas.

A chief on scene reports that there is a water main break right outside of the house, which is flooding the house.

UPDATE 2:05 p.m.: RG&E contacted. No ETA on when workers will respond.

Washington Post: Oprah for president in 2020? Here’s everything you need to know.

A skid loader fire is reported at 5263 Bridge Road, Elba.

The skid loader was in a barn but has been pushed out. The caller believes the barn is OK.

Elba fire responding.

UPDATE 12:54 a.m.: A chief on scene reports the skid loader is fully involved and confirms it is out of the barn.

UPDATE 12:57 a.m.:  Now there are no flames; a chief reports, “The fire looks to be pretty snuffed out at this time.” Responding units can come nonemergency and are aduvised to use caution on the snow-covered roads.

It's apparently been 40 years since anybody organized a community skate in the dead of winter on Oatka Creek in the Village of Le Roy, but that's exactly what Jay Beaumont and Jon Marcello, two of the owners of Smokin' Eagle BBQ & Brew, did today.

Beaumont said he remembered regularly skating on the creek when was growing up but thinks nobody wanted to organize anything after a child was hurt around 1980.  Still, there is still a light pole next to the creek and with the help of the highway superintendent, he found out it still works (second photo).

At around 11 a.m. they got a pick-up hockey game going.

Things got a little wild today in Oakfield as local fans got ready for the first playoff appearance by the Buffalo Bills in 18 years.

Sadly, for the fans, the Bills lost to Jacksonville 10-3.

Above, Brad Hilchey, Peter Hilchey, Matthew Doran and Tom Porter.

Second photo, Tom Porter, Brad Hilchey and Matthew Doran.

Third photo, Tom Porter, Brad Hilchey and Matthew Doran.

Photos submitted by Samantha Hilchey.

A person is trapped in a car but is apparently not injured, after a one-vehicle rollover accident at 1636 Judge Road, Alabama.

Alabama fire and Mercy EMS responding.

UPDATE 7:04 p.m.: A chief reports, vehicle on its side.

UPDATE 7:06 p.m.: A chief confirms, no injury. The subject needs assistance getting out of the car.

A reader provided these photos of a police barricade on Washington Avenue that is apparently in progress now.

For the past 30 minutes or so there has been a lot of encrypted/scrambled communication on the scanner. 

We have no further information at this time on the incident.

UPDATE(S) (By Billie) 9:50 a.m.: There's a structure fire here. Black smoke is billowing from the attic of a house. City fire and Mercy medics are responding, The location is between Tracy Avenue and Bank Street.

UPDATE 9:56 a.m.: One person is in custody. There are no life-threatening injuries. The address is 207 Washington Ave. Elba Fire Department is called to provide city firefighters with mutual aid. Sgt. Dan Coffey said this started as a domestic incident and that the subject in custody is suspected of starting the house fire.

UPDATE 10:13 a.m.: Officer Marc Lawrence said a female was rescued from the house fire; she did not have life-threatening injuries.

Gov. Andrew Cuomo is pursuing ethics reform that would bar state legislators from holding jobs or owning businesses and would establish the expectation -- though not necessarily the pay -- that they are full-time elected officials.

It's the kind of reform that could potentially force Assemblyman Steve Hawley and State Sen. Michael Ranzenhofer to either quit the Legislature or give up their outside business interests.

During her visit to Batavia yesterday, Lt. Gov. Kathy Hochul said the proposal isn't specifically directed at any current elected officials, including Hawley and Ranzenhofer, but she supports the reform.

When elected officials earn income from sources other than their government jobs, it creates an inherent conflict of interest, she said.

"If you want to serve the people of your state, and this is the highest privilege there is no matter what your level of elective office, you need to respect it and not try to serve two masters," Hochul said. 

"We want legislators focused on them (their constituents) and not their outside income," Hochul added.

These proposals have come along before, Hawley said, and he thinks the idea of a full-time legislature misses the advantages of elected officials living a life outside of politics.

He said one of the problems in this country is we've gotten away from the idea of citizen legislators.

"When a representative's only source of income is being an elected official they lose touch with the reality of everyday life and what real people go through," Hawley said. "No outside income diminishes their grasp on reality.

"When being an elected official is your only source of income, you look at it as an occupation and not an avocation," Hawley said. "That means more conflicts of interest and you need to keep your jobs no matter the legislation and the conflict is greater 100 times over because when that's all you do and it's your only source of income, you will say or do anything to keep that job."

Ranzenhofer, an attorney, agreed with Hawley's main objection to the proposed reform.

"Having outside business interests, whether it's insurance, or being an attorney, or a doctor, or whatever, brings a much more diverse Legislature," Ranzenhofer said. "It means people with real-world experience are serving. I cannot imagine a world where every single member of the legislature is a professional legislator, where that's all they did is legislation and politics."

Hochul said the reform isn't aimed specifically at Hawley or Ranzenhofer, and perhaps for existing members of the Legislature, there could be some sort of grandfather clause that would allow current members to continue to serve.

"I'm not talking about them individually," Hochul said. "I'm talking about the system as a whole. The people of the state deserve to have full-time (legislators)."

Ranzenhofer served on the Senate's judiciary committee and he said his up-to-date, real-work experience working in courts helps inform the debates.

"It's helpful to have people who are engaged in these issues in the real world so we can advise people on how legislation could affect people," Ranzenhofer said.

Hawley has been both an elected official and an insurance company owner, going back to his days on the County Legislature, for 39 years. He said he has consistently handled potential conflicts this way for four decades: he seeks the advice of legal counsel for the elected body.

"There have been a number of occasions where I've asked legal counsel about something we were voting on, whether there was an issue," Hawley said. "There has never been any finding of a conflict that has come to the fore."

If the insurance industry has ever thought they had it in the bag with Hawley, that simply hasn't been the case, he said. He has on several occasions, he said, voted against the lobbying requests of the insurance industry. One example he raised was legislation that would have required agents to disclose to new clients that they were earning a commission from the sale of a policy. The agents' association opposed the legislation and Hawley voted in favor of the reform.

"I think probably 99 percent of the people understand that, but even if just 1 percent don't understand it, then I don't have a problem (with the disclosure)," Hawley said.

Though he keeps busy with attending public events and meeting with constituents, Hawley said he isn't convinced there is enough work in Albany to sustain a full-time Legislature.

Press release:

The Batavia Police Department has received multiple complaints of a robo-call scam from Apple saying your iCloud account has been corrupted. Apple has been contacted and confirmed they do not make robo- calls to notify customers of corrupted accounts.

The Batavia Police Department would just like to remind the citizens not to provide any personal or bank information over the phone.

If you feel you have been part of this scam or a similar scam, you are encouraged to contact the Batavia Police Department and file a complaint with the FBI’s Internet Crime Complaint Center (IC3). www.ic3.gov

Town of Batavia fire is on scene at Quality Inn & Suites in Batavia, where a chief has reported a broken sprinkler system has caused flooding.

He's requested code enforcement to the scene to assist.

More than 700 National Grid customers in Darien are without power this morning.

The outage began about an hour ago and National Grid estimates that power will be restored about 7:15 a.m.

The area of the outage is from the county line on the west to Bowen Road, and from the county line on the south to just south of Darien Lake Theme Park.

We have no information on the cause of the outage.

A shed fire is reported at 8449 North Lake Road, Pembroke.

A chief on scene reports that it looks like the only thing in the shed is a motorcycle.

Pembroke fire, Indian Falls fire, and the City's Fast team dispatched.

UPDATE 5:56 a.m.: Indian Falls engine returning; in service. 

UPDATE 6:46 a.m.: All units back in service. Fire coordinators and deputies remaining in scene. 

Lt. Gov. Kathy Hochul was in Batavia at Genesee Community College today to review Gov. Andrew Cuomo's State of the State speech.

After cheering the Buffalo Bills and talking a bit about how well Batavia and Genesee County are doing, Hochul highlighted key elements of the speech, which outlines some of the issues the governor's office will take on in 2018.

These issues include: stepping in and filling the gap, like many other states, left by the Trump Administration's announced withdrawal from the Paris Accord on Climate Change; expanding high-speed broadband in rural parts of the state; continuing to address the opiate addiction crisis; improving the lives of children through improved access to nutritious meals, through addressing lead exposure, and expanding after-school programs; ending the state's practice of suspending professional licenses for people who default on student loans; addressing workplace sexual harassment, including among elected officials; bail reform; improving ballot access; and ethics reform for the Legislature.

Hochul also praised the efforts of Cuomo to improve the business climate in New York.

She said under Cuomo's leadership, the state has controlled spending and lowered taxes. The corporate tax rate is the lowest it's been since 1968, she said, and the middle-class rate is the lowest it's been since 1947.

"Keep these numbers in your head," Hochul said. "When you walk around and here people say taxes are too high, they’ve come down dramatically under this governor."

She pointed to the state's investment in infrastructure as another factor in the state's improved economic outlook, noting, too that there are now 8.1 million jobs in the state and the unemployment rate has dropped dramatically during Cuomo's tenure.

The Cuomo Administration has also pushed for paid family leave, tuition-free college for qualifying students, and Raise the Age, a reform that will allow 16- and 17-year-olds accused of some crimes who would have been prosecuted as adults in the past to be moved to Family Court.

Hochul said that while she represents all of New York, Batavia is always a special place to visit. This was her 31st trip to Batavia since becoming lieutenant governor. 

She is excited by the progress she's seeing, from the Downtown Revitalization award to the entry of HP Hood into the former Muller Quaker plant, and the promise of high-tech jobs in Alabama.

"Just talk about the STAMP project," Hochul said. "Yes, it's taking a little longer than we want, I understand that, but there has been $50 million from the State for Ludlow Construction for the infrastructure they've put in at the site during the summertime. That's going to be transformative. That's going to be a magnet."

Speaking with the press after the event, Hochul attacked the GOP tax plan passed in December by the House and the Senate and signed by President Trump just before Christmas. She said it was bad for the working people of New York.

"This one came down to calling on our entire congressional delegation to stand with New Yorkers and four did not, which is appalling to me," Hochul said. "Four individuals broke from their colleagues in the same party in New York and said, 'we don't care.' Now we've got a fight on our hands."

That fight could include dropping the state's income tax and switching to a payroll tax. Such a change, in theory, would not change the take-home pay for workers. Their employers would pay the same amount of tax they currently deduct from paychecks, but it would be pre-tax (federal tax) money. Workers would then not be double taxed (which is the case if they can't deduct the money they pay in taxes to the state on their federal returns).

"Everything is on the table," Hochul said. "We're looking at what other states have done. We're looking at what we can do legally. We believe it is unconstitutional to have double taxation. It's something our Founding Fathers discussed. It's talking about states rights and how not to trample on them. It's amazing to me how people in Washington will pick and choose which states rights they want to protect."

If you found an intruder in your house, would you know what to do?

Even if you were armed, would you know what to do?

Or would you panic?

Training in advance of stressful situations is key to surviving potentially hazardous conflicts and defusing them safely for yourself, your family members and even the intruder.

M&S Tactical Solutions in Batavia has set up an Active Home Invasion System at its facility in the Harvester Center in Batavia.

It's designed to provide training for the company's primary clients, local residents who want to improve security in their home, especially if they keep a firearm.

Yesterday, Sheriff William Sheron and members of his command staff -- Greg Walker, Jerry Brewster, Bill Zipfel, and Joe Graff -- toured the new facility (along with Mercy medic Wade Schwab) and Zipfel and Graff both went through simulated home invasion scenarios to experience how the training works.

"I like it because it’s realistic," Zipfel said. "It's not like our tower. There’s actual furniture. It’s really nice."

While the AHIS is set up to train civilians, it's also used by local police officers to get extra training and practice in detecting and reacting to threats in real-life scenarios.

Participants, if armed, are armed with realistic-looking airsoft pistols and wear face masks.

When it's civilians going through, they are given a basic firearm safety course, even if previously trained, just to make sure everybody is on the same page, said M&S owner Jeff McIntire. Then they're put in a scenario to see how they handle it. McIntire and his staff monitor the home invasion scenario thorugh closed circuit video so they can review how things played out with the participants.

"We don’t give them anything at first," McIntire said. "We put them over there because we want to see what your natural reaction is. I want to see what you naturally do. Then we come back here and debrief. Now we can start actually talking about what to do."

One recent participant fired first and asked questions later. That's a measure, McIntire said, of how realistic and stressful the scenarios can be. The adrenaline pumps and your autonomic systems take over and pushes your mind into "fight or flight" mode.

Getting past those automatic responses is what training is about. Repetition helps build up a kind of muscle memory that helps you stay calm and make better decisions.

To help teach the importance of good decision making, not all of the "intruders" are hostile. They might be an Alzheimer patient who is convinced he's in his own home, or a neighbor just knocking on your door. The intruder might even be your wife home early from work. In other words, not every scenario is hostile but could end in tragedy without proper training.

And not every intruder deserves to be shot. A TV, McIntire noted, is not worth a person's life. Participants are taught to better recognize which intruders pose a real life or limb threat to themselves or a family member.

The scenario yesterday for Graff involved the chief deputy just returning home from work. There is an intruder going through his belongings in his bedroom. At some point, the intruder comes out of the room and Graff became aware he was there. In this case, Graff drew his pistol and shouted for the intruder to put his hands where he could see them and get on the ground. As the intruder went down, he was instructed to reach for his mobile phone in his pocket. Graff yelled for him to put his hands back up and the intruder fumbled with his phone and drop it. Graff did not fire.

In the other scenario, Zipfel came home, grabbed a beer and went in the bedroom to ly down. Then two intruders entered. They began searching the living room for items and Zipfel heard the noise. He crouched down, entered the room, spotted the intruder and ordered him to the ground. As he approached the intruder, the second intruder started to enter the room from the kitchen, gun pointed at Zipfel. Zipfel shot him.

In both cases, with their boss Sheriff Sheron watching, they made the right decision.

While officers who use the facility for training aren't earning any sort of certification, McIntire said he recognizes the need for officers to get numerous repetitions of potentially dangerous situations to help improve their decision making.

Whether civilian or officer, repetition and review are key training tools for improved performance.

Without training, McIntire, people often revert to what they've seen on TV or in a movie, and that's not a good place to be.

McIntire said, "We stress getting people to that point with muscle memory where they say, 'I don't have think. I just know what to do.' "

Top photo: The tour in the living room apartment. Next two photos, Graff during his scenario. Fourth photo, monitors showing Zipfel's scenario. Bottom, McIntire and Walker in the facility's firing range (where airsoft guns are used). 

It's not the 107-year sentence former County Court Judge Robert C. Noonan handed down to convicted child molester Sean Vickers, but Vickers will still serve many decades in prison. 

Earlier this year, the jury trial conviction of Vickers was overturned on appeal because the appeals court found he wasn't properly tried under the same counts in the original indictment against him. 

It looked like a new trial for Vickers, but in October, Vickers agreed to a plea agreement. While that means Vickers might avoid a similar 100-year sentence, it also means his victims won't be required to testify again.  

On that guilty plea, today Judge Charles Zambito sentenced Vickers to the agreed-upon 40-year prison term.

He was already serving a 20-year term on a similar conviction in Niagara County.

In a rematch of last year's Rotary Tournament finale, Notre Dame, this time, was the more dominant team, beating Cal-Mum, 43-35.

"We didn't really have an identity early in the season last year and it showed," said ND's head coach Tom McCulley. "They were a mature team and we weren't really there yet. This year I think we probably had the edge maturity."

The star of the game was Stevie Wilcox, who scored 17 points and seemed in command of her game from the start. She was named tournament MVP.

"We were ready to bring it and play as a team and work together because when we do, we're unstoppable," Wilcox said.

The Lady Irish are always tough on defense and McCulley said that's what he saw from his team again, especially in the first half, when Notre Dame held the Lady Raiders to six points. Guard Morgan Rhodes was a big part of that, he said.

"Morgan was steady all throughout," McCulley said. "She got some steals and helped us with ball pressure so we weren't allowing them to get comfortable in their sets, maybe not as quickly as they would like. I think most of the time, when I looked up, by the time Cal-Mum got in their sets there was 16 seconds off the close. I was shocked by that. That puts a lot of pressure on the offense to execute."

Margret Sutherland and Natale Thornton also had big games. Sutherland scored 10 points and Thornton scored nine. Both were a strong presence under the boards.

Callie McCulley added six points.

For Cal-Mum, Elyse Van Auken scored 12 points.

Besides Wilcox at MVP, the all-tournament team was Taylor Gadd, Attica, Ryann Stefaniak, Batavia, Elyse Van Auken, Cal-Mum, Margaret Sullivan, Notre Dame, and Callie McCulley, Notre Dame.

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