Oakfield

(Revised at 3:49 p.m.)

If the Chief Deputy Jerome Brewster -- who's been the lead investigator on the Bill Fickel murder for five years -- is going to make a case against "person of interest" Steven Patrick Rebert, it seems like he's got a lot of work ahead of him.

"In order to arrest someone, you need probable cause, you need more than a mere suspicion," Brewster said this morning. "Do we have probable cause at this point? Absolutely not."

Yesterday, in an interview with WBTA 1490, Brewster said there are some tantalizing coincidences that make Rebert a person of interest following his arrest on a double homicide charge in Jefferson County, Pa.

"There are some commonalities that would make a prudent person go, 'um, I wonder if this is something there we should be looking at,'" Brewster said.

Those commonalities might include (our own list, not from Chief Brewster):

• Rebert knew Fickel. They went to the same high school, but it is not known whether they attended it at the same time.
• The two men lived less than a mile apart in 2005 (Fickel on Burns Road, Rebert on East Shelby Road);
• Both Fickel and the homicide victims in Pennsylvania -- James and Victoria Shugar -- were shot to death;
• Pennsylvannia investigators say Rebert was doing computer searchs on the murders of the Shugars, Bill Fickel and Kevin Smith (Smith was killed in 2007 in Orleans County and Rebert is now considered a person of interest in that case as well).
• Fickel was killed with a 30-30 and Rebert reportedly told investigators in Pennsylvania that the only gun he owned was a 30-30;
• For the last five years of his life, Fickel worked as a cable installer with Time-Warner; at the time of his arrest, Rebert was a contractor for Zito Media installing fiber optics. There's no information that Rebert ever worked at TW.
• Both men enjoyed hunting.

Those commonalities are mostly coincidences that certainly don't tie Rebert to the Fickel murder. The two most intriguing coincidences are that Rebert knew Fickel and that Fickel was reportedly doing internet news searches on the Fickel murder.

Knowing somebody, however, isn't a crime, and Rebert could simply have been checking for an update on the death of somebody he knew (though reports indicate Rebert was pretty obessively seeking out news reports on the Shugar murders).

Coincidences, also, don't establish probable cause. There also needs to be evidence.

Such as the DNA found at the scene of the Fickel murder. It's DNA that doesn't match Fickel, and no match has ever been found in the national criminal database.

Pennsylvania State Police will likely obtain a sample of Rebert's DNA, and if it matches the sample Brewster has tagged as evidence, it would likely place Rebert at the scene the night of the murder.

But putting Rebert at the scene, Brewster was quick to point out, doesn't mean Rebert is the killer.

"A match itself is not probable cause," Brewster said. "Just putting you at the scene doesn't mean you where the one who pulled the trigger."

Brewster has long suspected there were two people at 5820 Burns Road when Bill Fickel walked out onto his driveway at 7:55 p.m., Nov. 10, 2005, because a flatbed truck had just arrived and Bill and Lisa thought somebody was there to look at a van they had for sale.

Finding just one of those two people, even if the person identified didn't pull the trigger, would be a big break in the case.

Brewster is naturally reluctant to discuss details of other evidence that might be used in building probable cause, but it's obvious that finding the murder weapon would also be a big break in the case.

Rebert was arrested in Genesee County on June 3 on a weapons charge (he was allegedly carrying a switchblade knife).

Last Friday, Rebert waived extradition back to Pennsylvania, where he was arrested and charged with charged with two counts of criminal homicide, two counts of aggravated assault and one count of burglary.

When he waived extradition, only a mind reader would know if he realized he was going to face murder charges. The waiver affidavit charged him only with manufacturing/delivery/possession of a controlled substance and a small amount of marijuana for personal use, though he had been questioned in the murder investigation on April 25.

A general fire alarm has sounded at Allens, Inc., the food processing plant on Stevens Street in Oakfield.

The facility was the site of an ammonia leak on Saturday.

The building is being evacuated.

The alarm company tells Genesee dispatch that they don't know what caused the alarm.

An assistant fire chief is on scene. He reports nothing showing. The building is evacuated.

UPDATE 2:24 p.m.: Oakfield Fire has cleared the scene. Back in service.

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Officials have yet to determine what caused an ammonia leak this afternoon at the Allens, Inc., food processing plant on Stevens Street in Oakfield.

The leak prompted a call for residents to evacuate the south side of the village, including the baseball fields and park off Drake, which was filled with families and children on a warm, reasonably sunny Saturday.

Oakfield's big garage sale day was interrupted by the emergency, but some sellers tried to carry on even as fire police were keeping anyone from entering the cordoned area.

“Oakfield fire company responded very quickly," said Allen's plant manager Jeff Clark. "Genesee County (hazmat) came in. We were able to work together with their people and my people being able to go in, discover the (origin) and shut off the values to stop the leak."

The initial call came in at about 12:30 p.m. The leak was contained at about 2:30 p.m. (The Batavian's initial report is available here.)

Visibility in the room with the leak and the heat of the day made it especially challenging to get to the proper valve and shut off the ammonia, officials said.

One firefighter suffered heat exhaustion and was transported by ground ambulance to an area hospital. He was doing fine an hour or so later, according to Oakfield Chief Sean Downing.

Clark said no Allens personnel were in the machine room when the leak occurred and no Allens personnel were hurt.

"We have hazmat drills several times per year," Clark said, explaining that employees know exactly the process for evacuating the plant when an alarm sounds.

The heat, one official said, causes the ammonia to stay close to the ground, making it more of a health hazard, and also making it more likely to settle in the basin where the community ball fields are located.

The wind, which was blowing at 15 to 20 mph, Downing said, spread the plume further than it might otherwise move, but also helped dissipate the gas more quickly.

Residents within a half-mile radius of the plant were notified of the leak using the county's reverse 9-1-1 system. They were advised to stay inside and close their windows.

The biggest concern, Downing said, was people with respiratory problems being exposed to the fumes. No medical issues were reported in the village related to the leak.

Emergency personnel were called in from Alabama, East Pembroke and Elba fire departments. The Monroe County hazmat team was dispatched to the scene to provide relief to the local hazmat teams. Shortly after the Monroe County team arrived, the leak was contained, so the team was sent into the village to test the air quality.

No heavy concentrations were found after the leak was contained, said Deputy Fire Coordinator James Bouton.

Ammonia is used at the plant in the refrigeration system.

“It’s part of our system to freeze the vegetables that are harvested locally," Clark said.

The system contains 38,000 lbs. of ammonia, Clark said, but not the entire system was effected by the leak. He could not say today how many pounds of ammonia escaped the plant.

The plant operates seven days a week, 24 hours a day. More than 200 people are employed there during peak season, and 65 employees were working today's day shift.

Allens, Inc., is based in Siloam Springs, Ark.

Allens acquired the Oakfield plant from Birdseye about three years ago, Clark said.

About four years ago, the plant had another ammonia leak. In that case, Clark said, a pressure valve gave way and the leak was contained in about 15 minutes.

Clark said he couldn't immediately estimate the financial loss to the company from the leak. He said all of the vegetables exposed to the ammonia will be thrown out.

Top inset: Jeff Clark; Bottom inset: Chief Sean Downing

It appears that when Mother Nature heard that "Make a Splash at Your Library" was going to be the theme of the Haxton Memorial Library's upcoming summer reading program, she took it a bit too literally.

Interim Library Director and Children's Librarian Kimberly Gibson met with a surprise when she came into work on Monday morning. She went downstairs to the children's room, followed by a group of youngsters eager for story hour...only to find the place flooded up to her ankles.

She called in Warren's Carpet Cleaning Service to take care of the problem -- which was no easy task.

"It took two full days to to dry the place out," Gibson said. "And they had to use 10 huge blowers and two humungous dehumidifiers."

The water extended from it's point of origin (which is inside the room slightly right of center, behind the table) all the way to the carpet used for story hours and also sideways to where the stairs are located.

The Warren's employees on the job told Gibson it was lucky she contacted them when she did, because the humidity was already at a very dangerous level.

"We probably would have lost all of our carpeting and everything if we'd waited much longer," Gibson said.

Things could have been a lot worse, and the place is steadily drying out. The saddest part of this whole ordeal for Gibson, though, is that she had just purchased 22 ocean-related books for the summer reading program, and 13 of them were completely ruined.

"I don't think we're going to be able to salvage them," she said. "It's crushing, because I worked so hard to plan these programs, and I bought these books because I thought the kids would really like them. In fact I was just getting ready to put them on display."

The flooding resulted from this past weekend's continual torrential rain -- which, according to Library Trustee Ann Engel, Oakfield residents are saying amounted to about two and a half inches.

Gibson said the same thing happened six years ago.

"We've been lucky not to have anything happen in six years," she said. "But this time it was worse than before."

In spite of this misfortune, Gibson has tried to remain upbeat and to keep her leadership mentality all along. After the initial shock of discovery on Monday morning, she immediately resolved to "just stay focused and get things taken care of as soon as possible." 

"She's a trooper," another library trustee said of Gibson.

Still, Gibson, the library's two other staff members, and the board of trustees would gladly accept any assistance the community would be willing to provide. Gibson said that monetary donations would be especially helpful.

"We have a small budget here at Haxton, and this is obviously going to cost more money than we had planned on spending. With the cost of the books [that were ruined] and the bill for Warren's services, we would certainly welcome any monetary assistance."

The Haxton Library has basic insurance, but they are hoping that they will not need to turn to that to pay for the damages.

"We have a $2,500 deductible," Gibson said, "so we don't want to go to our insurance unless we have to. We don't know what the overall cost will be yet, but hopefully it won't exceed that. Plus, I'm not sure if flood damage is covered, since that kind of thing is fairly unusual in this area of the country."

Gibson arranged for all children's activities to be held upstairs this week, but she hopes to have the children's room open to patrons again on Monday.

Kevin Andrew Hinca, 18, of Brunswick Road, Depew, is charged with criminal possession of a controlled substance. Hinca was reportedly on a 12-grade field trip from a high school in Erie County to Darien Lake. He was allegedly found at Darien Lake in possession of hydrocodone and MDMA, commonly known as ecstasy.

James Thomas Pero, 18, of Ross Street, Batavia, is charged with unlawful possession of marijuana. Pero was allegedly found in possession of marijuana in the parking lot of Batavia High School following a random sniff search with the Sheriff's Office K-9. The search was conducted at the invitation of the school.

Megan T. Suttell, 20, of Oakfield, is charged with unlawful possession of marijuana. Suttell was cited by State Police at 12:25 a.m., Thursday. No further details were released.

The ongoing investigation into the 2005 murder of Bill Fickel is moving forward, there have been new leads, but the case is far from solved.

Chief Deputy Jerome Brewster of the Genesee County Sheriff's Office is obviously reluctant to discuss details, but he said that recent leads "take us in a direction we want to go."

Lisa Fickel said she's heard news from the Sheriff's Office that indicate new progress is being made.

"It makes me hopeful," she said.

But both Brewster and Fickel said nobody should expect an arrest any time soon.

By now, most Genesee County residents know the story of Bill Fickel's murder.

At about 8:30 p.m., Nov. 10, 2005, Lisa saw a flatbed truck back into their driveway. She told Bill she thought somebody was there to look at the van they had for sale. Bill put on his shoes, grabbed a flashlight and headed outside with their dog. Lisa, who was in the kitchen of their Burns Road home, heard two shots. She ran outside just in time to see the truck driving away. She found her husband lying the the driveway. He was later pronounced dead at the hospital.

Bill Fickel was 46 years old at the time of his death.

Lisa said the Sheriff's Office remains in constant contact with her as investigators continue to work the case. She put up billboards, especially in Orleans County, asking anybody with information to call the Sheriff's Office.

Brewster said even with new leads, it's a complicated investigation. He compared it the Scott Doll case, where investigators had a blood-covered suspect caught near the scene of the night of the murder, but getting a conviction was still no easy process.

"Here we have the complexity of gathering evidence five years later," Brewster said.

That evidence includes DNA evidence, he said. He said every two weeks the Sheriff's Office gets its turn to run DNA evidence from the Fickel case through the national DNA database. If a suspect were to be convicted of a crime in New York, the rest of the U.S. or Canada, his DNA would eventually wind up in the databank and perhaps a match would result.

"We are making progress," Brewster said. "We continue to work the case. We are hopeful, but we're not about to make an arrest."

Brewster asks that anyone with any information that might help in the case should call the Sheriff's Office at (585) 345-3000.

Colleen Fisher just may be the most popular Prom Queen ever selected at Oakfield-Alabama High School.

In a landslide of ballot votes, the 18-year-old garnered all but about two votes to be crowned at the junior/senior prom held at Stafford Country Club.

She is a graduating senior, very well liked, who happens to have Down syndrome.

“She is a wonderful young girl,” said High School Principle Lynn Muscarella.

Colleen’s teacher says Colleen’s thrilled with the honor.

“She’s on Cloud 9,” teacher Adrienne Fuore told Muscarella. “Being named Prom Queen has made her whole year.”

And it has been a busy one. She studies basic life skills for a half-day, then takes vocational classes --called the West Program – at Boces.

In addition, she’s been active in Drama Club and this year she started learning how to play clarinet.

For the spring musical presention, the musicians all learned a song that Colleen could perform on her clarinet. It was the traditional standard “Hot Cross Buns.” She also played the final song with the group and the audience was delighted.

“I’ve never seen or heard of anyone with Down syndrome being named Prom Queen,” Muscarella said. “I am just so proud of my kids here. It tells you a lot about them.”

Colleen's mother, Dawn Fisher, said the event was the highlight of her daughter's senior year.

"She was excited about the prom in general, about life, and when she won she yelled 'I won!'" Dawn said. "It is awesome that the kids chose her. They recognized her. It was very selfless of them."

Prom royalty pictured on top, from left: Princess Randi Zakes, Prince Nathan Klos, Queen Colleen Fisher and King Kevin Beuler.

Inset above, the royal couple, King Kevin and Queen Colleen.

Richard John Abramski, 22, of Main Road, East Pembroke, is charged with disorderly conduct. Abramski is accused of obstructing traffic in the area of 1993 Genesee Street, East Pembroke, by standing in the drive lane, causing traffic to move to avoid hitting him. Abramski was allegedly drunk at the time. The alleged incident occurred at 11:23 p.m., Saturday.

Danny J. Torok, 23, of 12 Elm St., Batavia, is charged with harassment, 2nd, and endangering the welfare of a child. Torok is accused of slapping, pushing and pulling the hair of his girlfriend while holding his 4-month-old daughter. He was jailed on $2,500 bail.

Jeremy Dean Lyons, 25, of Judge Road, Oakfield, is charged with unlawful possession of marijuana, unsafe lane change and speeding. Lyons was stopped by Deputy Thomas Sanfratello at 5:25 p.m., June 1, at 14 Weber St., Oakfield.

Joseph Stephen Vernaccini, 34, of Clipnock Road, Stafford, is charged with DWI, failure to keep right and refusal to take breath test. Vernaccini was reportedly involved in a one-car accident 12:44 a.m., Saturday, in the area of 7000 Route 5, Le Roy. Vernaccini was jailed on $500 bail.

Justino Sanchez, 50, of West Ridge Road, Brockport, is charged with DWI, aggravated unlicensed operation, failure to keep right, improper right turn. Sanchez was stopped by Deputy James Diehl at 10:47 p.m., Friday, in the area of Route 98 and Edgerton Road, Elba. He was jailed on $1,800 bail.

A 17-year-old from Clarence was arrested by State Police in Darien at 8:05 p.m., Wednesday. She is charged with DWI, failure to keep right, crossing road hazard markings and unlawful possession of marijuana.

A 16-year-old from Williamsville was arrested by State Police at 8:05 p.m., Wednesday, in Batavia for unlawful possession of alcohol.

John J. Smalley, 47, of Oakfield, is charged with harassment and criminal mischief. Smalley was arrested by State Police at 12:50 a.m., Sunday, in the area of 7020 Macumber Road, Oakfield. No further details were released.

Accidents from the State Police blotter:

4:57 p.m., June 5, Bernd Road, Pavilion, two vehicles; Driver 1: Laurie Jean Lerkins, 33, of Le Roy; Driver 2: Heather M. Coates, 24, of Rochester. One injury reported.

4:46 p.m., June 3, Genesee Street, Pembroke, one vehicle: Driver 1: Jennifer L. Mroz, 49, of Batavia. One injury reported.

10:32 p.m., June 3, Lewiston Road, Batavia, two vehicles: Driver 1: Robert M. Laskowski, 24, of Chaffee; Driver 2: Matthew J. Quinn, 25, of Attica. No injuries reported.

A 41-year-old Batavia woman has been charged with adultery after being caught engaged in sexual intercourse on a picnic table in Farrall Park.

The woman was arrested along with a 29-year-old Oakfield man and both were charged with public lewdness.

The man was identified by Batavia Police as Justin M. Amend.

Because the woman is married with children, The Batavian has chosen to withhold her name.

UPDATE: After more thought (see our post explaining the reversal of the decision here), we've decided to publish the female suspect's name. It is Suzanne M. Corona.

Sgt. John Peck said that Officer Matt Baldwin was dispatched to Farrall Park about 5:15 p.m. after parents in the park called police. Baldwin witnessed the couple still engaged in sex when he arrived.

"There was a little alcohol involved," Peck said. "They initially didn't seem too embarrassed."

Peck acknowledge that adultery charges are rare these days.

"Many people probably don't realize it's still a crime," Peck said.

He said Amend was not charged with adultery because he was apparently not aware the woman was married.

Both suspects were issued appearance tickets for City Court on June 8 and released.

Sean Christopher McGuire, 25, of South Drive, Rochester, is charged with DWI, driving with a BAC of .08 or greater, driving left of pavement markings. McGuire was stopped at 12:31 a.m. today by Deputy Patrick Reeves on Route 77 in Pembroke.

Kevin E. Kern, 22, of South Main Street, Manfield, Pa., is charged with DWI, driving with a BAC of. 08 or greater, and speeding. Kern was stopped at 12:12 a.m., today, on Route 33, Town of Batavia, by Deputy James Diehl.

Joseph Beszczynski, 24, of Darien, is charged with petit larceny. Beszczynski was arrested by State Police in the area of 11000 Darien-Alexander Townline Road at 9:13 a.m., Monday. No further details were released.

John E. Swabb, 54, of Oakfield, is charged with DWI and aggravated DWI with no priors. Swabb was stopped by State Police on Wortendyke Road, Batavia, at 3:18 p.m., Sunday.

LaToya D. Jackson, 24, of Batavia, is charged with disorderly conduct, resisting arrest and violation of probation. Jackson was arrested by State Police at 4036 W. Main St., Road, Batavia, at 12:05 a.m., Monday. No further details available.

First-graders from throughout Genesee County got to visit Lamb Farms in Oakfield today to meet cows, play in grain, climb on big farm equipment, see how milk is produced and learn some of the other facets of the dairy business. The annual event gives local school children a real hands-on experience with local agriculture.

An ATV rider in the area of Malby Road, east of Fisher Road, reportedly suffered facial and rib injuries in an accident.

He also lost consciousness, but is awake and alert now.

Oakfield Fire and Mercy EMS are responding.

UPDATE 7:05 p.m.: No need for Mercy Flight.

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Grace Anne Stewart, 50, of Pratt Road, Batavia, is charged with grand larceny, 4th. Stewart is accused of stealing more than $2,000 in cash over a seven-month period while working at Home Depot.

James Matthew Rodriguez, 30, of Spring Road, Brockport is charged with aggravated unlicensed operation. Rodriguez was stopped by Town of Ogden Police and turned over to the Genesee County Sheriff's Office on a warrant.

Michael John Coffta, 18, of Burns Road, Medina, is charged with unlawful possession of marijuana and unlawful possession of alcohol by a person under 21. During a school-requested K-9 sniff search of school grounds at Oakfield-Alabama High School, the K-9 reportedly alerted on Coffta's vehicle.

Micheal J. Hodgins, 50, of Batavia, is charged with DWI and aggravated DWI with no prior offense. Hodgins was arrested by State Police at 11:40 p.m., Tuesday, on Pearl Street in Batavia.

After leading Sheriff's deputies on a two-hour wild goose chase, a 19-year-old man who said he had been living in Elba is in federal custody for allegedly re-entering the country illegally.

Fredy Perez Cortes was found shortly after 12:15 p.m. wandering barefoot at the intersection of Slusser and Galloway roads in Oakfield.

A local resident had given him water, but then called the Sheriff's Office. When Deputy Brian Thompson arrived, Cortes allegedly fled into a nearby farm field and Thompson used his K-9 to chase him and corner him.

Cortes reportedly told Thompson that he and a friend had been in the area looking for work when their truck broke down. He said his friend was somewhere in the area looking for a car to steal.

More deputies responded to the area and began a search for a white pickup truck and a Mexcan male wearing sandles, a dark shirt and light blue pants.

When Cortes was searched following his apprehension, Thompson found a car key in his jeans' pocket.

After it was apparent there wasn't much about Cortes story that was checking out, Thompson remembered that earlier today a 1997 Pontiac Grand Am had been found in the West Batavia area near Donahue Road. It apparently had been involved in a property damage accident and had been towed to Parise's Automotive. Thompson took the key to the car and it fit.

Allegedly, Cortes had been driving the car, possibly after drinking, and then fled the scene of the accident. He then became lost in the Town of Oakfield and stopped at a farmhouse asking for water.

Thompson said he does not believe Cortes actually broke into any residences and that there never was a second subject involved in the incident.

No New York charges are pending.

"It is much more expedient to allow the ICE officers to handle the situation," Thompson said.

Cortes was turned over to Immigration and Customs Enforcement Deportation Officer 
K. Hobart. He will be charged with illegal re-entry after deportation, a federal felony.

(initial report)

Sheriff's deputies are in the area of Slusser and MacCumber roads, Oakfield, where one subject is in custody and deputies are looking for a second person who may be in the area with the intent to steal a car.

A deputy originally spotted a person walking on Slusser Road, and when the deputy attempted to make contact with that individual, he ran into a field.

The deputy chased him down and after being taken into custody, the individual apparently told the deputy he and a friend had a car break down so they were in the area looking for a car to steal.

The subject still at large is described as a Mexican male. His friend said he will try to run if he sees law enforcement.

UPDATE 12:46 p.m.: The search continues. The individual taken into custody has apparently been evasive in his answers at times, but he apparently said that he and his buddy -- they live in the Oak Orchard area of Elba -- have been out of work for three months and were out looking for work when their truck broke down.

UPDATE 1:56 p.m: The search seems to have moved to an area of Oak Orchard Road where the second subject is believed to reside. At the scene of the original call, Deputy Brian Thompson said the call started when area residents reported a Mexican male, not wearing any shoes, walking house-to-house. A woman at one house gave the man some water and called the Sheriff's Office. That's where Deputy Thompson first saw the man, who started to run. Deputy Thompson deployed his K-9, who quickly helped detain the man. 

Deputy Thompson said the common method for daytime house burglars is to not wear shoes, minimizing footprints. He said he thinks the jobless men were out looking for food.

Immigration Control and Enforcement officers were on scene. But the subject detained is not believed to be in the country legally.

Thompson said in his 19 years with the Sheriff's Office, he hasn't known too many migrant workers to get involved in petty crimes, but with the crack down on farmers hiring undocumented workers, it's getting harder for those without papers to find work.

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Jesse Adam Dispenza, 24, of Union Street, Scottsville, is charged with trespass. Dispenza is accused of trespassing on the Dolomite property in the Town of Le Roy at 6:20 p.m., Saturday.

Marissa Christine Zeiner, 19, of Sunset Circle Lane, Brockport, is charged with trespass. Zeiner is accused of trespassing on the Dolomite property in the Town of Le Roy at 6:20 p.m., Saturday.

A 17-year-old resident of Maple Avenue in Le Roy is charged with unlawful possession of marijuana. The youth was allegedly found in possession of marijuana during a traffic stop by Deputy Matt Butler at 5:03 p.m., Saturday.

Ami Kadar, 64, of Albion, is charged with harassment, 2nd. Kadar was arrested this week by State Police on Maple Avenue, Elba, in connection with an alleged incident at 12:01 p.m., March 30. No further details are available.

Jorge L. Portugal-Pineda, 22, of Elba, is charged with DWI, driving with a BAC of .08 or greater, unsafe tires and consuming alcohol in a motor vehicle. Portugal-Pineda was arrested by State Police on Transit Road at 3:15 p.m., Monday.

Ethan R. Kitanik, 19, of Oakfield, is charged with unlawful possession of marijuana, and ticketed for no headlights. Kitanik was stopped by State Police on Oak Street in Oakfield at 10:55 p.m., Sunday.

Parents who have heard that the Oakfield-Alabama school is on lock down need not be concerned, according to a school official.

Leanne Brogan, business administrator, said the lock down is a pre-planned drill.

"The children are not in any danger," she said. "It's just routine."

According to the O-A district website, there is also an emergency evacuation drill scheduled for Thursday.