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Albion wants 40-year commitment from municipal water customers

By Tom Rivers, Editor Posted 25 February 2015 at 12:00 am

Photo by Tom Rivers – The water storage tank on Route 98 in Gaines is part of Albion’s water distribution system.

ALBION – The Village of Albion is the main municipal water provider for central Orleans County, but the village faces increasing pressure from much-larger spreading systems in neighboring counties.

The Monroe County Water Authority supplies water to parts of eastern Orleans and the Niagara County Water District supplies part of western Orleans, including the Village of Medina. Those water organizations try to lock water customers into long-term contracts.

Albion has historically had agreements with its town customers for no more than five years. The village now wants to follow the example of Monroe County Water Authority and secure 40-year commitments.

The issue was raised during a joint meeting on Monday between village and town of Albion officials.

Albion Town Supervisor Matt Passarell said he is open to a long-term deal with the village, which has a water plant in Carlton that treats water from Lake Ontario. Passarell said he wants to support the village and assets within the county.

The current deal with the village expires in May, giving the town time to consider a new contract.

The village and town are also discussing having village employees maintain the town water lines.

Shelby, Lyndonville also press state for more municipal aid

By Tom Rivers, Editor Posted 25 February 2015 at 12:00 am

The Village of Lyndonville and Town of Shelby have both gone on the record in asking the State Legislature and Gov. Andrew Cuomo to distribute municipal aid in a fairer way, rather than the current lopsided approach that directs an overwhelming majority of the funds to cities in Upstate New York.

The Medina Village Board passed a resolution on Monday calling on fairness in Aid and Incentives to Municipalities. The state allocates $714 million in AIM funding, and 90 percent goes to upstate cities. That gives the average city resident about $277 per capita in aid, while town and village residents only get an average of $7 per person.

“It should be equal for each resident, across the board,” said Ken Schaal, a Shelby town councilman. “This is very unfair to rural residents.”

The Shelby Town Board passed a resolution on Feb. 10, calling for more aid for the towns and villages.

“We are tired of the millions of dollars that are given to upstate cities. We believe it is time for our fair share,” Town Clerk Darlene Rich said in an email to State Sen. Robert Ortt, Assemblyman Steve Hawley and Assemblywoman Jane Corwin.

Shelby passed the resolution after a vote to dissolve the Village of Medina was rejected by village residents on Jan. 20. Schaal said the Town Board wanted to show support for more aid for the villagers.

He said the town and village have many of the same issues as cities with aging infrastructure and the need to provide services and push for economic development, initiatives that don’t come cheap.

The Lyndonville Village Board passed the resolution on Jan. 12, one week after Orleans Hub proposed a draft resolution, urging the local elected board to pass resolutions for more AIM funding. Click here to see “Here’s a resolution that every elected official in Orleans should support.”

County picks new historian to succeed Bill Lattin

By Tom Rivers, Editor Posted 25 February 2015 at 12:00 am

Legislature chairman wants push for heritage tourism

File photo by Tom Rivers – Matt Ballard, interim director of the Cobblestone Museum, is pictured in front of the Cobblestone Universalist Church built in 1834. Ballard was appointed the county’s new historian today.

ALBION – Orleans County’s new historian is only 26. But Matthew Ballard already has shown a commitment to historical initiatives.

Ballard has served as interim director at the Cobblestone Museum for more than a year, and organized an exhibit and lecture series at the museum on medical history in Orleans County and Western New York.

He created a web site in 2010, www.albionpolonia.com, that highlights the history and art of the former St. Mary’s Catholic Church in Albion. Ballard grew up on Brown Street and was part of the St. Mary’s community while growing up. He was an altar server.

The Albion Polonia site includes baptismal records, marriage licenses, and funerals of the Polish community. Ballard has photos of many of the weddings. He has a searchable database that helps people on a genealogical quest.

Genesee Community College and Orleans Hub named Ballard one of the inaugural “Heritage Heroes” during a ceremony last April during the Civil War Encampment in Medina.

Ballard wants to build an on-line resource of many of the artifacts in the historian’s office. He praised the work done by Bill Lattin, the county historian for over 35 years. Lattin retired on Dec. 31.

“Bill has done a great job getting the history of the county out to the community and to all of Western New York,” Ballard said.

He intends to write a regular historical column for local publications, and wants to take stock of the photos and artifacts in the historian’s office. He said the county may want to pursue grants for archiving the materials and safeguarding them for the future.

Lattin has been pushing for Ballard to be historian for many months. Lattin said he observed Ballard give a tour of St. Mary’s several years ago, and Lattin saw Ballard’s knowledge of the church and community, and his ability to captivate a crowd with stories.

Lattin also was the Cobblestone Museum director before retiring. He said Ballard has proven himself in that role, bringing a high level of professionalism, especially with his organization of the medical exhibit. Ballard is now putting together an exhibit on World War I, and some of the local ties to that war from a century ago.

“I’ve really been impressed by what Matt has done,” Lattin said after Ballard was appointed historian by the County Legislature this afternoon. The part-time position pays $8,000 a year.

Orleans County Legislature Chairman David Callard wants to see Ballard work with local historical groups to help develop a heritage trail that would be county-wide. Callard said a “Sandstone Trail” could be one possibility.

He noted the state is providing funding for such endeavors that promote community pride, link attractions and draw visitors.

Ballard said the county is fortunate to have many dedicated historical enthusiasts. He mentioned the Clarendon Historical Society, Medina Sandstone Society, Orleans County Genealogical Society (where he is treasurer), Cobblestone Society, and several other local historical societies.

“There are a lot of people really interested and dedicated to local history,” Ballard said. “We need to draw them together to see what we can do as a group.”

Medina hospital moves to end management, billing contracts with outside organizations

Staff Reports Posted 25 February 2015 at 12:00 am

MEDINA – Orleans Community Health/Medina Memorial Hospital announced today that it will file a 90-day notice to end its management contract with Health Tech Management Services and also the company that has been handling billing.

Health Tech, a Tennessee-based healthcare management company, has been providing administrative and consulting services to Orleans Community Health since June 2013 at $20,000 a month. OCH also contracted with Gaffey Healthcare, an affiliated Health Tech company, since April 2014.

Orleans Community Health also signed an affiliation agreement with Catholic Health in June 2014 to help strengthen healthcare services in Orleans County and provide area patients with greater access to other specialty and support services.

“They gave us all kinds of support but we’re getting that with Catholic Health,” said Dawn Meland, vice president of the OCH board of directors. “We don’t need the redundancy.”

The Health Tech contract included the hospital’s former president and CEO, Dolores Horvath, who resigned earlier this month citing personal family obligations. With the termination of the contracts with Health Tech Management Services and Gaffey Healthcare, Orleans Community Health is currently reviewing proposals from new billing companies.

With Horvath’s departure, the Orleans Community Health Board of Directors felt it was a good opportunity to move the organization in a new strategic direction by naming Wendy Jacobson as Medina Memorial’s Chief Operating Officer/Chief Nursing Officer, Interim President and CEO, according to a statement released by the organization.

Meland said Health Tech provided a transition for the hospital after the departure of Jim Sinner, the former president and CEO, in June 2013.

With local support from Catholic Health, which includes physician recruitment and other service opportunities, Orleans Community Health is committed to the success and sustainability of Medina Memorial Hospital and to providing high quality healthcare to the residents of Orleans County, according to the OCH statement.

Woman, 18, sentenced to 6 months in jail for attempted burglary

By Tom Rivers, Editor Posted 25 February 2015 at 12:00 am

ALBION – A woman who was involved in a burglary at an Albion home last summer was sentenced to 6 months in Orleans County Jail on Monday, despite a request for no jail time from her attorney.

The woman, 18, was given youthful offender status by Orleans County Court Judge James Punch, which seals her record and also means her name shouldn’t be published.

She pleaded guilty on Dec. 15 to attempted burglary in the second degree, a crime that carries a maximum of 4 years in state prison. Her attorney Dominic Saraceno asked for no jail time, saying the woman has no prior criminal offenses.

“She has expressed remorse and she has a structure in place to not let this happen again,” Saraceno said during sentencing. “I don’t think she’ll reoffend.”

The woman admitted in a previous court appearance she entered the house without permission and also took a DVD player and sold it at a pawn shop.

At least three other people – and perhaps as many as five – were involved in the burglary in the Village of Albion on Aug. 18, the District Attorney’s Office said. The vandals broke or stole about $12,000 in merchandise, including many antiques at the home on West Park Street, the victim of the crime told the court on Monday.

The victim of the burglary addressed the court, saying the crime was personal with family portraits and children’s piggy banks smashed. The victim, a married father with three young children, said the family had to walk around in shoes in their house for two weeks while picking up all of the broken glass.

Judge Punch ordered the 18-year-old woman to pay one third of the $9,286 insurance claim and one third of $500 in restitution.

The woman could have been sentenced to state prison. Judge Punch said a sentence of only Probation wasn’t an option.

“You clearly need to go to jail,” Punch said. “This was a very close call between state prison and Orleans County Jail. This was a very disturbing crime, showing an utter disregard for other people’s property.”

In addition to the 6 months in jail, the judge sentenced the woman to 5 years on Probation.

Corey Baerman, 18, of Albion also was part of the burglary. He will go in trial on May 6 for second-degree burglary, which carries a maximum of 15 years in state prison.

Baerman appeared in court on Feb. 2 and said he entered his neighbor’s house with three of his friends on Aug. 18. But Baerman said he didn’t take anything and didn’t cause any of the damage.

If that is true, Punch told Baerman his crime should be criminal trespass in the second degree, a misdemeanor which carries a maximum of up to a year in the county jail.

Baerman of South Liberty Street said he entered a neighbor’s house without permission, following the lead of his friends, who allegedly caused damage and stole items.

Punch said part of the reason he was sentencing the 18-year-old woman to jail is because she hasn’t provided much help in identifying other people involved in the burglary.

Her attorney disputed that, saying “she’s been cooperative all along.”

3 arraigned in county court for drug crimes

By Tom Rivers, Editor Posted 25 February 2015 at 12:00 am

ALBION – Three people facing charges for drug crimes in Orleans County were arraigned in county court on Monday.

Martin Eusebio, 20, of Albion is accused of cocaine trafficking in the Village of Albion. He was arrested in November. He was arraigned on two counts each of criminal sale and criminal possession of a controlled substance in the third degree.

Eusebio was living at 201 Washington St., Apt. 1. He has been in jail since his arrest on $50,000 bail. He entered a not guilty plea on Monday.

John B. Lang Jr., 56, of Albion was arraigned on numerous charges after being arrested in December following an investigation into the sale and distribution of prescription narcotics in Albion.

Lang was arraigned on two counts of criminal possession of a controlled substance in the third degree, four counts of CPSC in the fifth degree, one count of criminal sale of a controlled substance in the third degree, three counts of CSCS in the fourth degree and one count of CSCS in the fifth degree.

Lang was living at 175 North Main St., Apt. 16 in Albion. He has been in jail on $20,000 bail since his arrest. He pleaded not guilty during his arraignment.

A Lockport woman was arraigned after being arrested in December for criminal sale and criminal possession of a controlled substance in the third degree and one count of unlawful possession of marijuana.

Katrina Drake pleaded not guilty. She is accused of selling and distributing prescription narcotics in Albion.

Drake, 24, of 80 Genesee St., Apt. 3, has been free on $5,000 bail.

Hospital’s repaired water line given OK

Staff Reports Posted 25 February 2015 at 12:00 am

MEDINA – The water system at Medina Memorial Hospital is back on line and has been deemed safe following testing of water samples from the Orleans County Health Department, said Cindy Perry, media relations director for hospital.

The hospital suffered a water main break Saturday night. The water line was fixed by the Medina Department of Public Works on Sunday.

The hospital used a back-up system, and increased the use of bottled water and hand sanitizer until the regular system was approved for use this morning.

Hawley says governor unfairly tying college aid to DREAM Act

Posted 25 February 2015 at 12:00 am

Press Release, State Assemblyman Steve Hawley

Assemblyman Steve Hawley (R-Batavia) today criticized Gov. Cuomo’s budget negotiation tactic of tying funding for New York’s Tuition Assistance Program (TAP) to passage of the DREAM Act. Hawley said we shouldn’t play politics with college students’ education and it is wrong to link such a vital higher education program to the passage of a politically tumultuous initiative.

“It would be wrong to jeopardize TAP funding, which hundreds of thousands of college students rely on every year because the governor wants to pass a politically controversial initiative,” Hawley said. “With the cost of college and university tuition continuing to rise and student loan debt at an all time high, it is insulting to hold this funding hostage in exchange for providing illegal aliens access to taxpayer-funded tuition assistance. The average TAP award per student is upwards of $2,500 which, if not available next year, could lead to hundreds of thousands of students being unable to attend a New York college or university.”

Hawley’s comments come after Gov. Cuomo released his 30-day amendments, which link passage of TAP funding to several education initiatives, including the DREAM Act. The 2015-16 Executive Budget proposal includes an additional $27 million in TAP funding for the DREAM Act.

Albion PD will bring back K9

By Tom Rivers, Editor Posted 25 February 2015 at 12:00 am

ALBION – The Village Board tonight approved bringing back a K9 for the Albion Police Department.

The Albion PD has been without a drug-detecting dog for several years. The previous K9 handler, Joe Fuller, retired last year.

Robert Wagner, an Albion police officer, will be the new handler. He will train with the new dog, to be purchased in a few weeks from a breeder in Pennsylvania. Wagner and the dog will train for 14 weeks with the Rochester PD and should be in service with the Albion PD this summer, Police Chief Roland Nenni said.

The department has $11,000 towards the dog and training, which includes $6,000 in donations and $5,000 from a drug forfeiture account through the Orleans County Major Felony Crime Task Force.

The police department already has a vehicle to transport the dog from Fuller’s tenure, Nenni said.

“This will be a big asset for the police department, which has a long history with a K9,” Nenni said.

The dog can track down suspects, detect drugs, help officers’ collect evidence, and help in many other ways, including public relations.

“A K9 can save us a lot of personnel time and also save a lot of lives,” Nenni said.

Gaines can expect to pay much more for fire protection in 2016

By Tom Rivers, Editor Posted 24 February 2015 at 12:00 am

File photo by Tom Rivers – Albion firefighters responded to a chimney fire on Ridge Road in Gaines last March 12 during a blizzard.

ALBION – A deal over 20 years that gave Gaines property owners drastically low fire protection rates will end after 2015. Village of Albion officials said Gaines should expect a much bigger bill for fire protection in the future.

Gaines residents outside the village pay 35 cents per $1,000 of assessed property for fire protection in 2015. That is by far the lowest rate in Orleans County. Most residents in the towns pay fire protection rates over $1 per $1,000 of assessed property.

“It’s going to be a significant increase over what they are paying now,” village attorney John Gavenda said during a joint meeting Monday evening among officials from the village and town of Albion.

Albion town residents pay a $1.23-rate for fire protection from the village’s fire department.

The issue was raised during the town and village meeting because the village would like to continue the fire protection contract with the town of Albion, a contract that has included small increases in recent years.

Gavenda said the contract with Gaines will need to be negotiated this year. Gaines could either contract with Albion or Carlton, or start its own fire department. Whatever the town decides, Gavenda said the town won’t be getting such a bargain price for fire protection.

The village agreed to a 20-year deeply discounted rate in 1995 in exchange for Gaines making the sewer plant on Densmore Street tax exempt. Current village officials don’t think it was a fair deal.

Village Trustee Peter Sidari said the village shouldn’t have had to pay taxes to Gaines for the sewer plant. The town should have made that exempt without pushing for such a low fire protection rate 20 years ago, Sidari said.

The village has many tax exempt sites within its borders from other governments, including the school district, state and county. Sidari said the village doesn’t bill them, and the town should have done the same for the village.

“There’s no secret that they have to pay more,” Gavenda said about Gaines. “They are on a very favorable contract.”

Gavenda said the village expects to soon sit down with Gaines officials to discuss the future fire protection contract.

Here are the fire protection rates for towns for 2015:

Albion, $1.23; Barre, $1.45; Carlton, 75 cents; Clarendon, $1.01; Gaines, 35 cents; Kendall – $1.40 to Kendall and $1.61 to Morton; Murray – $1.57 to Holley and $1.59 to Fancher-Hulberton-Murray; Ridgeway, $1.17; Shelby, $1.49; and Yates, 52 cents to Lyndonville.

3 sentenced to prison for drug crimes

By Tom Rivers, Editor Posted 24 February 2015 at 12:00 am

ALBION – Three people were sentenced to state prison on Monday for their roles in drug crimes in Orleans County.

John H. Butler, 33, of Lockport received the longest sentence of 3 years in prison. Butler was arrested in December 2013 after police seized 43 bags of crack cocaine from the vehicle he was driving, which was parked in the American Legion parking lot in Albion.

Butler has been in jail since his arrest. His attorney Kevin McKain said Butler has been a model inmate in the county jail. Butler wasn’t selling the drugs, McKain said.

Butler is a second-felony offender. His prior felony was fourth-degree criminal possession of a controlled substance in November 2005.

As part of a plea deal, Butler faced a maximum three-year sentence on Monday and County Court Judge James Punch gave him the maximum, plus an additional two years of post-release supervision.

A Rochester man also was sentenced to state prison on Monday. Laquan J. Simmons, 22, was arrested in April with 6.7 grams of crack cocaine in the Wal-Mart parking lot. Police seized 22 bags of crack cocaine packaged for sale and a larger bag of crack cocaine. They have a street value of more than $1,500, the Orleans County Major Felony Task Force reported then.

Simmons, who was on parole, also has been on Probation twice. Simmons suffers from mental health issues and “an extremely dysfunctional childhood,” his attorney Barry Dolgoff told the judge during sentencing.

Punch declined Dolgoff’s request to sentence Simmons to Probation, and instead gave him 2 years in prison.

“For a young man you’ve got quite a history,” Punch said.

A Batavia man also was sentenced to two years in state prison for his drug activity. Terry J. Toote, 37, is a second-felony offender with a past charge of second-degree assault in March 2006.

Toote’s attorney Thomas Keane said Toote has struggled with his own drug problem. Keane said Toote had a very small role in the drug crime that led to his arrest.

Judge Punch said Toote committed a “low-level offense” but still deserved jail time given his prior criminal history. In addition to two years in prison, Punch sentenced Toote to two years of post-release supervision.

Toote apologized to the community and his family “for the acts I’ve done.”

Weather Service warns of more extreme cold

By Tom Rivers, Editor Posted 24 February 2015 at 12:00 am

Wind chill could fall to minus 5 on Wednesday

Photo by Tom Rivers – This photo taken last Thursday shows some of the historic churches that are part of the Courthouse Square, a district in Albion named to the National Register of Historic Places. The churches include, from left, St. Joseph’s Catholic Church, the First Baptist Church and Christ Episcopal Church.

There is no relief from the bitter cold. The National Weather Service is warning of more extreme cold on Wednesday, when the wind chill could fall to minus 5. The temperature is forecast for a high of 14 and low of 4 on Wednesday.

It gets colder on Thursday with a high of 11 and a low of minus 1. Friday there will be a high of 13 and a low of 2, according to the Weather Service.

Orleans Community Health was planning an “Ask the Heart Doctor” event on Thursday at Calvary Tabernacle Church in Medina, but has cancelled the event due to the frigid temperatures. The event will be rescheduled in the future.

Barre approved for nearly $700K for water project

Staff Reports Posted 24 February 2015 at 12:00 am

BARRE – The federal government has approved a $692,000 funding package for a new water district in the Town of Barre, U.S. Senators Charles Schumer and Kirsten Gillibrand announced this morning.

The Town of Barre will receive a $384,000 loan, along with a grant of $308,000 to construct a new water main, valves and hydrants that will extend clean water access to residents on Eagle Harbor, Route 31A and Long Bridge roads. Those residents currently have contaminated private wells, Schumer and Gillibrand said.

The funding was allocated through the U.S. Department of Agriculture Water and Waste Disposal Loan and Grant program.

“With this funding and low-interest loan, the Town of Barre in Orleans County will now be able to make crucial improvements to its water district without passing the entire financial burden onto local taxpayers,” Schumer said. “This water main expansion is a wise investment in infrastructure that will enhance access to clean drinking water, which is vital to the town and its residents’ long-term health and prosperity.”

USDA Rural Development’s Water and Waste Disposal Program provides loans and grants to ensure that the necessary investments are made in water and wastewater infrastructure to deliver safe drinking water and protect the environment in rural areas.

“This is a major investment for Barre residents, and those who are looking to move or open new businesses in town,” Gillibrand said. “Access to safe, clean, and sustainable water is imperative and I am pleased this federal funding will be going to provide residents with access to that basic necessity. Continuous improvements like this one protect the health of our families and help spur growth and longevity in our communities.”

Medina passes resolution to end ‘obscene disparity’ in state funding

By Tom Rivers, Editor Posted 24 February 2015 at 12:00 am

MEDINA – The Village Board approved a formal resolution on Monday that demands a fair formula for sharing state aid to villages, an issue the Orleans Hub has been pushing for more than a year.

Medina only receives $45,523 a year in state Aid and Incentives to Municipalities. The village has 6,065 residents and functions much like a small city with full-time police and fire departments, as well as many other services.

Salamanca in Cattaraugus County is nearly the same size as Medina. Salamanca gets $928,131 in AIM funding for a city of 5,815 people.

Medina passed a resolution that notes New York State provides $714 million in Aid and Incentives to Municipalities each year, with 90 percent of that going to upstate cities. The per capita AIM funding is $277 per city resident and only $7 for residents in towns and villages.

“This is a start in the right direction,” said Medina Mayor Andrew Meier. “We need AIM calculations that are more equitable and stop this obscene disparity.”

Orleans County Legislature Chairman David Callard said the county would like to see every town and village, as well as the County Legislature, pass similar resolutions.

Meier said the current AIM system is particularly punitive to villages with about 5,000 to 10,000 residents. Those villages tend to have the full-time police, and services – and challenges – that mirror cities.

“Villages like Albion and Medina are stuck in an awful purgatory,” Meier said. “We’re not considered a full-fledged city but we’re doing all of the work.”

Here is the text of the resolution approved by the Medina Village Board:

Resolution No. 1
February 23, 2015

WHEREAS, New York State provides $714 million in Aid and Incentives to Municipalities (AIM) each year, and 90 percent of that goes to upstate cities;

WHEREAS, the AIM funding per capita is $277 per city resident and only $7 for residents in towns and villages;

WHEREAS, there are 549 villages with a combined population of 1,918,032 in New York State, including four (Albion, Holley, Lyndonville and Medina) in Orleans County with a population of 14,770;

WHEREAS, many villages wrestle with the same problems as cities, with aging infrastructure, blighted housing, abandoned commercial sites, brownfields and increased crime rates;

WHEREAS, villages are similar to cities with a high concentration of senior citizens and low-income families;

WHEREAS, villages mirror cities as centers for culture, civic and religious life, especially in rural counties;

WHEREAS, villages are like cities with many important community structures – churches, courthouses, schools and other public buildings – that do not pay taxes, shifting the tax burden for those sites to other residents in the village or city;

WHEREAS, the state’s tiny share of AIM funding for villages has put villages at a competitive disadvantage in attracting and retaining businesses and residents;

WHEREAS, the huge disparity in AIM funding between the cities and villages is a form of state-sponsored economic discrimination, resulting in much higher tax bills for village residents and a diminished quality of life;

WHEREAS, the erosion of the village tax base has shifted a greater burden of town, county and school district tax burden outside the village, punishing the outside-village residents as well;

WHEREAS, the high tax rates in the village encourage suburban sprawl, making nearby green space and farm land vulnerable for housing tracts, industrial parks and “Big Box” stores;

WHEREAS, a Village resident is no less a New Yorker than a city resident;

NOW, THEREFORE, BE IT

RESOLVED, the Village Board of the Village of Medina calls on Gov. Andrew Cuomo and the State Legislature to adopt a fair formula for sharing AIM funding so Village residents can enjoy municipal services and their homes without being taxed to death; and

RESOLVED, that the Clerk of the Village Board shall forward copies of this Resolution to Gov. Andrew M. Cuomo, Senator Robert Ortt, Assemblyman Steve Hawley, Assemblywoman Jane Corwin, and all others deemed necessary and proper.

Woman who attempted arson sentenced to state prison

By Tom Rivers, Editor Posted 24 February 2015 at 12:00 am

ALBION – An Albion woman who could have been sentenced to a maximum of 15 years in state prison for attempted arson was given the minimum of 2 ¼ to 4 ½ years behind bars on Monday.

Crystal McGuire, 22, of West Lee Road admitted in a previous court appearance she set a fire inside the dryer of a house on Beaver Street on Aug. 16, 2013. She told Orleans County Court Judge James Punch she knew there was at least one person inside when she started the fire.

McGuire was a victim of domestic violence and her abuser was inside the home, McGuire’s attorney Matthew Nafus said during her sentencing on Monday.

“She overreacted by trying to set the house on fire,” Nafus said.

No one was injured from the fire, he noted. McGuire also suffers from a developmental disability, and emotional, cognitive and mental health disorders, Nafus said.

He asked the judge to not give McGuire a long sentence in prison.

Judge Punch said McGuire clearly was in an abusive relationship. He would have preferred to sentence McGuire to time in jail, instead of state prison, and also line up help and support for her, “but the statute doesn’t allow for that.”

Punch gave her the minimum sentence of 2 ½ to 4 ½ years in state prison. The maximum sentence would have been 3 ½ to 15 years in prison.