A severe thunderstorm warning for Genesee County has been issued until 6 p.m. by the National Weather Service.

Large hail, heavy rain, damaging wind and lightning are expected. Stormy conditions could continue, with a 60 percent chance of rain expected tomorrow.

A LeRoy woman spent her 51st birthday this morning pleading guilty to criminally negligent homicide and the criminal sale of a controlled substance.

The case stems from the March 10 death of Yvonne Hart, who used a skin patch containing the narcotic Fentanyl given to her by Joann M. Rusby, of 92 Lake St.

Rusby is scheduled to be sentenced concurrently for the felonies at 9 a.m., Tuesday, Oct. 6.

She waived the right to a jury trial by the "factual admission" of the "sale" of Fentanyl to Hart. Under state law, even though the drug was given to the victim and not sold for money it is still considered a sale because the giver knew it would be used illegally by the victim.

In explaining this, Judge Robert C. Noonan asked Rusby if she gave the transdermal patch to the 53-year-old knowing Hart would apply it to herself.

"Yes, sir," Rusby said softly.

The act resulted in the "unjustifiable death" of Hart, the judge said.

Fentanyl is one of the most widely prescribed synthetic opioids used to treat chronic pain. It is a Schedule II narcotic because of its potential for abuse and is 100 times stronger than morphine.

Rusby, who shuffled into court in shackles, appeared tearful, dabbing her eyes with a tissue. She sat with her shoulders slumped and took deep breaths from time to time.

She originally was charged with third-degree criminal sale of a controlled substance, third-degree drug possession and second-degree manslaughter, which could have resulted in up to 15 years in prison.

The indictment was waived and charges were reduced under a plea deal between Rusby's Batavia attorney Thomas Burns and District Attorney Lawrence Friedman.

As a first-time offender, she faces a maximum of nine years in state prison for the drug sale and one to four years for Hart's death, which will be served concurrently.

In addition, she can be fined up to $5,000. She must pay the justice system a mandatory surcharge of $350 for her crimes, a $50 fee for processing her DNA into the criminal justice data bank, and a 10-percent surcharge of any monetary damages awarded to the victim's family in a civil suit.

After she's released from prison, she'll be on parole for two years.

She remains in Orleans County jail in lieu of $25,000 bail.

In addition, Rusby was ordered to stay away from two women in connection with the case. The one-year order of protection was issued to Jessica Dempsey and Stephanie Arnold.

The courtroom was nearly empty at the hearing, except for myself and two women sitting on the prosecution's side, whom the defendant paid no attention to.

This Harley Fatboy will be awarded to a lucky winner of the Town of Batavia Volunteer Fire Department during community event Saturday, with the first drawing at 8 p.m. to midnight.

There will be food from Clor's and music by 7th Heaven.

The event is at the Town of Batavia Fire Department Recreation Hall, 8380 Lewiston Road.

Word is this morning, driver frustration is high on Oak Street, as portions of the road have been reduced to a single lane near Main Street.  Traffic is backing up southbound with occasional long lines both east and west on Main (but, then, long lines at Main and Oak aren't unusual).  A DOT supervisor at the site said "if the weather cooperates" the work will be done, from Oak to the Thurway, will be done in three days.

Meanwhile, if you're coming from into town from north of the Thruway, consider entering Batavia on State Street.

Here are a few items brought to my attention by Neal Boortz about the democrat health care proposal.

- Congressional Budget Office Director Douglas Elmendorf said "The health care overhauls released to date would increase, not reduce, the burgeoning long-term health costs facing the government,"

Don't believe me? Here's the link.

-"According to that assessment [from the CBO], enacting the proposal would result in a net increase in federal budget deficits of about $1.0 trillion over the 2010-2019 period."

Don't believe me? Here's the link.

-"A new report by the Lewin Group (commissioned by the Heritage Foundation) finds that the House Democrats' health care bill would shift more than 83.4 million Americans from private health care coverage to the government plan. To put that in perspective, that would mean that nearly half (48.4 percent) would lose their private health coverage."

Don't believe me? Here's the link.

-"Currently, the top rate is 35 percent. But in his budget President Obama proposed raising the top two income tax rates from 33 and 35 percent to 36 and 39.6 percent. Families in the top 20 percent of income earners already pay 94% percent more income taxes than middle-income families. The new surtaxes would extend progressivity at the top of the income spectrum and raise the disparity in taxes paid between middle- and low-income families and high-earning families."

Don't believe me? Here's the link.

-"In the six highest-taxed states, Oregon (11 percent top income tax rate), Hawaii (11 percent), New Jersey (10.75 percent), New York (8.97 percent), California (10.55 percent), and Rhode Island (9.9 percent), the top rates would be higher than all but Denmark among OECD countries if the Obama plan and surtax become law."

Don't believe me? Here's the link.

-"Under these higher taxes, families and small businesses making over $350,000 in every state would face higher top rates than 21 OECD countries--including France, Italy, and Spain. Even the nine states with no state income tax at all would have higher rates than these social democracies that are typically regarded as countries with punitively high taxes. Taxpayers in all 41 states that do levy an income tax would pay a top rate that is higher than all but seven of the 30 OECD countries."

Don't believe me? Here's the link.

-"The Senate version of President Obama's government health care overhaul contains a mandate that all businesses provide their employees with health insurance or pay a fine, unless the business employs fewer than 25 people. Critics say the 25-employee benchmark could stifle small business growth by prompting companies to limit themselves to 24 employees."

Don't believe me? Here's the link.

-"The Senate Health, Education, Labor and Pensions (HELP) Committee's health care legislation will give the Health and Human Services secretary the authority to develop "standards of measuring gender" -- as opposed tousing the traditional "male" and "female" categories -- ina database of allwho apply or participate in government-run or government-supported health care plans."

Don't believe me? Here's the link.

-"More than a million small business owners and about two-thirds of the profits earned byU.S. small businesses would behitbythe income taxincrease onthe "rich"that House Democratic leaders want to enact to pay for the health-care reform plan President Obama wants passed this summer, a taxpayer watchdog says."

Don't believe me? Here's the link.

-"A survey by the National Federation of Independent Business (NFIB) found that 20 percent of its respondents would simply shut down if they were faced with this choice of being forced to offer health insurance. They couldn't afford it. One out of four said they would replace full-time workers with part-time workers in order to avoid having to pay anything."

Don't believe me? Here's the link.

-"According to the National Tax Foundation, the top total tax rate on Americans -- that is, state, local and federal taxes -- will top 50% in 39 states" if the Democrats pass their healthcare legislation.

Don't believe me? Here's the link.

-"So we can all keep our coverage, just as promised -- with, of course, exceptions: Those who currently have private individual coverage won't be able to change it. Nor will those who leave a company to work for themselves be free to buy individual plans from private carriers."

Don't believe me? Here's the link.

-"A quick review of the legislation shows that it calls for two new government agencies, three trust funds, three advisory panels, two task forces, a research center, a medical device registry, an ombudsman and many pilot and demonstration programs."

Don't believe me? Here's the link.

We just received this message from the Chief Jerome Brewster, Genesee County Sheriff's Office:

Yesterday, we investigated a series of larcenies from parked vehicles along Hopkins Road, T/Batavia. Deputy Thompson reported that approximately 20 vehicles were entered, none forcibly, and items removed. Thefts occurred during the early morning hours of July 20 (approximately 12 AM to 5:30AM). We ask that anyone with information please contact us at 345-3000 x3227 (Deputy Thompson) or call the main number at 343-5000. Attached below are photographs of  two bicycles that were found in the area. We hope that some of your viewers might be able to identify the owners for us.

UPDATE: Deputy Brian Thompson sends along this update:

Just to clarify for your readers the Huffy bike in photograph is  Orange in color. The photo shows pink probably due to flourescence? (SP)

These bikes are probably not the culprits but maybe. They were left on peanut  tracks just off from Hopkins Rd. along with some dropped evidence. The  entries into vehicle happened Sunday Night and Early Monday Morning. 11:30 to  12:00 PM to about 05:30 AM.

Please remind readers to keep valuables in house and cars locked. Different  age we now live in!! Thanks for your valuable service!

Local baseball fans may get to see a familiar face at Dwyer Stadium on Aug. 2 and 3 when Williamsport visits the Muckdogs.

Former BHS standout Ryan Gugel, signed as a free agent by the Phillies a month ago out of Albany, has been moved from the team's affiliate in Lakewood to the Crosscutters.

He will be the Crosscutters' third catcher, so he may not get any playing time during his visit to his hometown. 

Those are Williamsport's final two games at Dwyer this season. The Muckdogs face the Crosscutters tomorrow and Thursday in Williamsport.

Gugel was hitless in four plate appearances for Lakewood, drawing one walk.

How come Batavia's gas prices are so much higher than Rochester's?????

It was a close game through nine innings, but the Muckdogs (15-16) couldn’t hold the Tigers (17-11) in the bottom of the 10th as Oneonta went on to win 3-2.

The game was scoreless until the 5th inning.  Niko Vasquez had a lead off double to get things going for Batavia.  Ivan Castro got on base right after on a fielding error by the Tiger’s shortstop.  Both advanced a base during the next at-bat when Beau Riportella grounded out.  Ryan Jackson then came up with a RBI base hit to score Vasquez and Castro came home later on a wild pitch.

Oneonta answered right back, scoring two of their own in the bottom of the inning.  The game remained tied until the Tigers were able to plate the winning run in the bottom of the tenth on base hits.

LaCurtis Mayes (0-2, 1.54) suffered the loss, pitching through the last two outs letting in the winning run on three hits with one strikeout.  Deryk Hooker was the starter.  He went five innings with two runs, four hits, one walk and six strikeouts.  Joe Kelly and Santo Maertz threw two innings each, both giving up one hit while striking out two.

D’Marcus Ingram continued to stay hot on the road in July.  He was the only Muckdog with a multi-hit night, going 2-for-4 with a walk. 

If you're fascinated by the Doty Mansion, here's a rare chance to see inside.  I just received this e-mail from Lisa Stoddard, who owns the grand old home with her husband, Tim.

We'll be having an open house this Thursday the 23rd  at 7:00 pm and another one Thurs, July 30th at 7:00 pm. This will  be for the lower apt. Any perspective tenants will have a chance to see the apt. and fill out an application at those times. Nosy neighbors are welcome!! and anyone else interested in the history and the architecture. People should park on Highland Ave and go up the back driveway to the first door by the mailboxes.

Previously: Batavia couple slowly, lovingly restoring one of city's grand old mansions

It was billed as the trial of the century in West Jackson Corners as Cornelius Possum was brought up on various charges, including sleeping in church.  Cornelius is a notorious ne’er –do– well and his disruptive antics are the stuff of legend in West Jackson Corners.

A record number of visitors poured into the tiny village to enjoy the day’s events, beginning the annual town meeting– where charges were brought against and Cornelius and his co-defendant, the “village bum” After famous trial lawyer “J. Boliver Shagnasty” arrived on the scene, a jury was selected and the stage was set. 

The “legal” proceedings were framed by a plethora of activities ranging from horse rides, guided tours, games, food and demonstrations of life from a bygone era. Here are a few photos of yesterday’s event.

Town and village residents in Le Roy are being asked to consider a new tax for 2010 to help support its local ambulance service, which has been running at a deficient in recent years.

The tax would help offset an anticipated $25,000 shortfall in 2010.

"In order for us to continue to operate in the community, we need tax support," said Bob Boyce, president of the Le Roy Ambulance Service board of directors. "We're only asking for a minimal amount, but if the town residents object and don't allow the tax, the alternative is for us to close the doors."

Boyce said the service is being squeezed by increasing costs and declining revenue from reimbursements from Medicaid and Medicare.

While donations might help, Boyce said even in the best years, the 38-year-old ambulance service raised only $20,000 in contributions.

There will be a public hearing within weeks on the proposal.

Under current state law, it is up to the town to create a tax district and then the village board can enact a local law to extend its authority into the village.

If only the town enacts the new tax, it would mean an addition 12.5 cents per $1,000 of assessed value, or about an average of $14.43 per property. If both the town and village adopt the tax, the rate would be 6.5 cents per thousand, or $7.50 annually on each tax bill.

As the new ground ambulance service being set up by Mercy Flight, Boyce expressed concern that with all the ambulances being based in Batavia, the service won't be able to match the under-five-minute response times of the current Le Roy service. He said it takes 10 to 20 minutes for an ambulance from Batavia to respond to a Le Roy call.

At one time, the Le Roy service was staffed entirely by volunteers, but over the years, the organization has relied more and more on paid professionals, either in terms of its own full-time staff (two people) or a rotation of professionals who live in the area, work on a per-diem basis while maintaining full-time jobs with commercial ambulance services.  There are still 4 or 5 volunteers with the service, Boyce said.

The service generates nearly $400,000 annually insurance billing to help support its operations.

The proposal was presented to the town board on June 25. (We'll get back to you on the date of the public hearing).

PDF: Map, Plan and Report for the Establishment of an Ambulance District

Audio: Portion of an interview with Bob Boyce

Former Attica standout Derek Wolfley received a Division I basketball scholarship to Iona College last season, and played in 25 games during his freshman season.

But now he's coming home.

The 6-foot-7 forward has decided to take his college basketball career to the University at Buffalo, where he expects to see more playing time next season.

Attica's all-time leading scorer with 1,474 points and 932 rebounds averaged 7.5 minutes per game for the Gaels, while scoring 1 point and 0.9 rebounds per contest.

He will be playing as a walk-on next year but will have an opportunity for a basketball scholarship because six seniors will graduate from next year's UB squad.

In discussing consolidation, much has been made of the negative property tax rate paid by Town of Batavia residents -- a nice benefit that may or may not survive the town's need for infrastructure improvements and the potential of a change to sales tax distribution in a few years -- but one hidden impact of the town's tax structure is the benefit derived by the multinational corporations that populate Veterans Memorial Drive.

These corporations -- already beneficiaries of billions and billions of dollars of taxpayer subsidies across the USA -- also get a tax break being located in the town.

This is as an additional unfair competitive advantage the big box retailers have over City of Batavia businesses and another issue that will need to be addressed in consolidation.

Town Supervisor Greg Post mentioned to me last week that the town invested millions, in his words, in making it possible for the big box stores to locate in the town. I'm not sure how what he means by that statement, but any large scale investment by the town -- which he sees as a positive -- is a further reason to ensure these businesses are taxed fairly and competitively, on par with other businesses in the region.

Of course, a world of no taxes is ideal, but when you're talking about the vitality of a community, protecting your small businesses form the unfair advantages of multinational retailers should be a priority on the community agenda.

Should consolidation pass, when it comes time to write a new charter, this tax inequality issue must be addressed. And if consolidation doesn't pass, the town board owes it to the community fix this inequity.

The businesses on Veterans Memorial Drive require a good deal law enforcement (an expense shared by the entire county), fire and infrastructure support. The chains should be paying their fair share of taxes just for that reason.

Protecting and enhancing downtown, as well as the diversity of other small, locally owned businesses is essential to the vitality and health of Genesee County.  Allowing the big boxes to avoid an equal tax burden with other businesses threatens one of our greatest resources -- our independent businesses.

The Lancers took first place at the 2009 Gates Tournament July 18-19.

Game one saw the Lancers defeat Oakville (Canada) U19's by the score of 2-0. Emily Starowitz and Kaylie Ewers both scored, off assists by Kasey Welch. Game #2 was a 4-0 win over Niagara Pioneer. Ewers got the team going off an assist from Julia Medwid. Jessie Jaszko then took a Medwid assist and went in on a breakaway and scored. Welch would then score on a PK just minutes later. Julia Medwid finished her great game with a well deserved tally off a Lin Wellspeak assist.

Sunday brought a 1-0 win over Gates Metros-I. Kasey Welch scored on a free kick from 25 yards out in extra time to win the game.

The final saw the ladies defeat the Gates Metros-II by the score of 1-0 as Brooke Mallaber's first half goal, off a Jenna Ferrando assst, was all the ladies needed. Leslie George made 6 saves in the final to post her 4th shutout of the weekend. The Lancers defense of Jenna Ferrando, Audrey Rath, Jenn Lonnen, Jamie Braswell, Mallaber, and Alesha Amend was fantastic all weekend.

Congrats to the team for a great weekend! 

Members: Jessie Jaszko, Kaylie Ewers, Brooke Mallaber, Lin Wellspeak, Brittany Hein, Ali Malinowski, Emily Starowitz, Emilie Rath, Audrey Rath, Alesha Amend, jamie Braswell, Julia Medwid, Kasey Welch, Brittany Luckey,  Jenna Ferrando, Leslie George, and Jenn Lonnen.

The team is coached by Chris Chilano and sponsored by TF Brown's, SJ Starowitz, and Lewis & Lewis, P.C.

The Byron Heritage Festival is happening on Saturday, July 25th, with an incredible array of events for the public to enjoy from morning until midnight.  The Festival takes place in the park that is located behind the Byron Fire Hall on Rt. 262 near the center of town.  So please mark July 25th on your calendars, and come to Byron's Fireman's Park for a day full of fun, and dance the night away with live entertainment and beautiful fireworks. 

8:00 - 10:00 AM - Kiwanis Fishing Derby (sign-in begins at 7:30 AM)

9:00 AM - 5K Kid's Race and 10:00 AM 5K Adult Race (sponsored by Boy Scout Troop #13, registration begins at 8:30 AM)

9:00 AM -5:00 PM - Craft and Food Vendors

9:00AM - Garage Sales throughout the town

11:00 AM - 3:00 PM - Cruise In

12 Noon - Chicken BBQ (sponsored by the Byron Fire Dept, til sold out)

11:00 AM - Geoffrey Clough

12:00 PM - Renaissance Man

1:00 PM - Magician James Swatt

2:00 PM - Belly Dancers

2:00 PM - Horseshoe Tournament (sponsored by Sue Fuller)

2:30 PM - Sack Race/Balloon Toss/3 Legged Race

3:00 PM - Ghostriders

4:00 PM - Hot Dog Eating Contest

5:00 PM - Pig Roast (sponsored by the Byron Presbyterian Church, til sold out, tickets $8, take-outs only, served at the Town Park),

5:30 PM - Beautiful Gardens of Byron winners announced

6:00 PM - Savage Cabbage (sponsored by the Byron Hotel)

9:00 PM - Midnight -Bandera

9:30 PM Fireworks

Portions of the day are made possible with funds from the Decentralization program, a regrant program of the New York State Council of the Arts, administered by the Genesee-Orleans Arts Council through the Byron Bergen Public Library.  For more information about the Byron Heritage Festival, please call Debra at 548-7123x10, or look at the town web site:  http://www.byronny.com/. 

A 20-year-old motorcycle rider from Basom is in serious condition at Erie County Medical Center following an accident at the Flying J truck stop last night.

Elias P. Seward, who resides at 812 Gorton Road, Basom, was transported by Life Flight to ECMC, where he is now in ICU. Information on the exact nature of his injuries is not available.

The accident occurred last night about 7:30.

The driver of a truck, Joel S. Fitzgerald, 66, of 9330 Horseshoe Island Road, Clay, told investigator Deputy T.G. Westcott that he was heading south on Route 77 in the passing lane attempting to make a right hand turn into the Flying J. Westcott's report states, "Operator of vehicle #1 (Fitzgerald) stated he only saw a light as he turned and didn't see vehicle #2 (Seward) in the driving lane.

Fitzgerald was pulling a house trailer. The trailer struck Seward and dragged him approximately 40 feet, pinning him under the trailer at the entrance to Flying J.

A passenger riding in the back of a pickup truck suffered a minor head injury over the weekend after falling from the moving vehicle.

Charles E. Blair, 48, sustained cuts to his head when he lost his balance as the driver, Betty L. Stetzenmeyer, 58, of Canandaigua, pulled from the parking lot of a store at 409 Bloomingdale Road, near Martin Road, in Alabama.

There were six other passengers in the truck.  No other injuries were reported.

David Micahel VanDorn, 20, of 1441 Broadway Road, Darien Center, is charged with harassment. VanDorn was arrested following a domestic dispute. During the argument, VanDorn allegedly spit on a woman, grabbed her by the wrists while attempting to remove a ring and yelled profanities at her.

Marie Erin Schafer, 21, 1441 Broadway, Darien Center, is charged with harassment. Schafer allegedly threatened to punch another person while moving toward her and also threatened to run another person over with a car.

Dennis R. Snell, 46, of 6563 Allegheny Road, Basom, is charged with DWI and failure to submit to a pre-screen device. Deputy Patric Reeves was called to the scene of a dispute in Alabama, with a report of an intoxicated driver. Upon investigation, Reeves charged Snell.

Claire Christin Cade, 25, of 96 Franklin St., Apt. #2, Owego, is charged with petty larceny. Cade is accused of stealing $147.27 worth of merchandise from Darien Lake Theme Park.

Marie Jacqueline Bogart, 32, of 94 Spencer Ave., Owego, is charged with petty larceny. Bogart is accused of stealing $132.08 in merchandise from Darien Lake Theme Park.

UPDATE: Missed these two items earlier:

Catherine Megan Marchese, 22, of 6430 Alleghany Road, Basom, is charged with criminal possession of a controlled substance.  Deputy Brian Thompson made the arrest while investing a litering complaint in Alabama when he stopped Marchese's car.  Marchese allegedly was throwing stuff from her car. During the investigation, Thompson reportedly found heroin in the car.

Elizabeth Marie Kennedy, 27, of 10 Maple Ave., Batavia, is charged with harassment and criminal mischief. The charges stem from alleged July 2 incident.  Kennedy is accused of attacking her boyfriend and destroying property.