When court adjourned Monday night, there were 12 jurors sworn for the manslaughter trial of Ronald J. Wendt.

Now there are 11.

A juror was excused this morning for medical reasons.

About a dozen people from the original jury pool entered the court room today expecting to go through the interview process for the alternate jury seats, but now one of them will fill the 12th seat.

Then another juror sent a long note to Judge Robert C. Noonan this morning raising a number of concerns that he said came up over night related to his job. The juror also apparently discussed his situation with another juror.

After interviewing the juror who wrote the note, Noonan declined to dismiss him from service, saying that under New York statutes, once a juror is sworn the bar for removing a person from the jury becomes much higher.

Opening arguments in the case once all 12 jurors and alternates are seated.

A young man who by many accounts is a good kid from a good family, but who got caught up in, by his own admission, extensive drug dealing, is going to prison.

Dyllon E. Soccio, 20, of 134 Tracy Ave., received a two-and-a-half year sentence from Judge Robert Noonan this morning. Under terms of what is known as "shock camp." Soccio would be eligible for parole in six months if he stays out of trouble.

On Aug. 3, Soccio pled guilty to a charge of criminal sale of a controlled substance. He had previously pled guilty to criminal possession of marijuana.

Soccio was caught dealing drugs July 17, and was found to have drugs in his Tracy Avenue home following a raid June 23.

In an interview with probation, Soccio revealed more details of his drug dealing, according to Noonan.

If I were to make a list of 10 things not to say in a probation interview, you probably said five of them," Noonan said. "You almost gloat about your drug dealing and say, 'Don't give me probation because I don't want to have that kind of supervision for that long.'"

Soccio's attorney from the Public Defender's Office, William Tedford, argued that contrary to those statements, Soccio did want probation and would be a good candidate for probation, given his strong ties to the community, his complete cooperation with the court and successful participation in drug treatment.

Noonan also said that the letters of support submitted to the court included ones that came from, "people I respect."

"They're saying you are able to turn your life around," Noonan added, "and, you have the unusual recommendation from the Drug Task Force that you need shock camp."

With his parents and other members of his family in the courtroom, Soccio made only a short statement saying he took full responsibility for his actions and that he feels he's made progress in his treatment.

"Given the chance, I'd like to continue what I'm doing," Soccio said.

Soccio was also forced to forfeit more than $2,000 seized during the drug raid.

Previously:

• Police Beat: Drug Task Force raids two homes in county on Wednesday
• Batavia resident accused of dealing cocaine
• Batavia man admits to dealing drugs and now faces prison term

Raymond E. Joseph III, 34, of 8683 Hopkins Road, Batavia, is charged with criminal contempt, 2nd. Joseph allegedly had contact with a protected person at 5:15 p.m., Sept. 15. The incident was reported Monday. Joseph was located and arrested. He was jailed on $1,000 bail.

Poll inspired by this story.

A person reportedly tried to steal money from the cash register at the Subway on East Main Street by reaching into the drive-thru window.

An employee confronted the suspect and they began to fight.

The suspect then fled in the direction of Masse Place.

The suspect is described as a white male in early 20s wearing a blue shirt.

An employee chased the suspect and lost him in the area of the three houses on Masse Place, unsure if he went into a house or disappeared in the area.

UPDATE: Additional description: 6'0", 200 lbs, short blond hair, mustache, wearing blue jeans and red boxers.

UPDATE: There's some thought the suspect may have entered the construction area and then headed toward Swan Street. Readers on Swan Street (I know we have a few) should be alert.

By 6 p.m. today, the 12 jurors were picked who will decide the guilt or not of Ronald J. Wendt, accused of manslaughter, DWI and reckless driving in an accident that took the life of an 18-year-old Dansville girl.

In the morning, Tuesday, court will convene to select alternate jurors, with opening arguments to begin later in the day.

After the jury was picked, and the jurors and prospective alternates left, Judge Robert Noonan ruled that District Attorney Lawrence Friedman will not be allowed to use a PowerPoint presentation as part of his opening statement.

Noonan said there was no case law he could find allowing PowerPoint to be used in the opening summation, though there is case law to support its use in closing. Noonan said he would change his ruling if Friedman could find a prior ruling allowing its use.

The intense search for Jeffrey Fredericks is over, but the search goes on, according to Chief Deputy Gordon Dibble.

After three days of a multi-agency search of the woods and fields around Fredericks' Sumner Road home, efforts to find him -- or what happened to him -- have been scaled back.

Authorities are taking a more targeted approach, going after specific areas as leads indicate.

Bloodhounds were used Saturday and another "hot spot" -- as Dibble calls them -- was going to be searched today.

The 66-year-old Darien resident has been missing since Wednesday when he didn't show up for a 1 p.m. shift at his work, and his family came home and found all of his cars still parked at the house.

"We've had some calls come in that say maybe you should look here, or maybe you should look at that," Dibble said. "We've been talking to his fellow employees and trying to run down anybody who might have had recent contact with him to see if there's anything we're missing."

The presumption has been that Frederick left on foot, but Dibble said that especially at this point, all possibilities are being considered and examined.

While officials initially said Frederick may have been suicidal, Dibble said that certainly isn't the only scenario under investigation.

"Anything is possible," he said.

Crews are completing roadwork at the intersection of Lewiston and Park roads, creating a good deal of congestion in the area.

A Batavia man who allegedly attempted to rob the Oakfield Pharmacy today didn't get very far.

The pharmacist and another employee took a chance that the man didn't have a weapon and wrestled him to the floor, pinning him there until State Police arrived.

Cain A. Catino, 39, of Seven Springs Road, allegedly entered the shop at 12:30 p.m., went behind the counter and demanded hydrocodone.

An employee in the back of the store immediately called 9-1-1.

While law enforcement was in route, Catino was reportedly subdued by the pharmacy's owner. Catino had left his car in the parking lot with the engine running.

An ambulance was requested to the scene to check on an employee, and the employee was treated at the scene, but not taken to a hospital.

It's not believed that Catino had any accomplices, and though he reached in his pocket like he might have a weapon, he did not display one.

The State Police are handling the investigation. The Genesee County Sheriff's Office also responded to the scene as well as the Oakfield Volunteer Fire Department ambulance.

The case is still under investigation and no more information is available at this time.

(initial report)

All available manpower from the Pavilion Fire Department is responding as mutual aid to York to fight a structure fire at 2905 Simpson Road.

Le Roy Fire Department is filling in at the Pavilion hall.

UPDATE (1:10 p.m.): Bethany Fire Department is called to fill in at the Le Roy fire hall.

UPDATE (1:33 p.m.): All Genesee County firefighters are ordered out of the structure. The fire chief reports they are already out and were the last ones out on the second floor.

A robbery is reported to be in progress at the Oakfield Pharmacy on Main Street in the Village of Oakfield.

The subject is reported to be a white male with blond hair. The Town Clerk is asked to be watchful as she has a camera in her office across the street to take pictures of the scene.

Two people are holding the suspect down on the floor inside the pharmacy.

UPDATE (12:50 p.m.): Two pharmacy workers subdued the suspect and Sheriff's deputies now have him in custody. No injuries are reported.

UPDATE (12:59 p.m.): The suspect is a parolee. A medic is requested to the scene because someone was said to be assaulted in the incident.

UPDATE (1:13 p.m.): The assault victim is said to have refused medical aid.

Every few years a case comes along that the national media hypes as “The Trial of the Century.”

Jurors are being chosen today in Genesee County Court for what may not even be the local trial of the year – that label might better be applied to the Scott Doll murder case – but for Ronald J. Wendt, it's his trial of a lifetime.

He is charged with 11 felony counts stemming from a fatal automobile accident on Aug. 12, 2009, including aggravated vehicular manslaughter. The charge alleges more than just drinking-and-driving. The indictment contends that Wendt drove recklessly, causing an accident that took the life of another person.

If convicted of all charges against him, and given the maximum sentence, the 25-year-old Alexander resident would be older, by the time he's released from prison, than 60 percent of the people reading this article are today.

The charge carries a maximum 25-year sentence.

But Katie Stanley had her entire adult life ahead of her. The Dansville resident was just 18 when she was killed on Route 20 in Darien that summer day.

One of the key issues in the trial will be -- was Wendt really responsible for her death?

District Attorney Lawrence Friedman will try to establish: that Wendt was legally impaired by alcohol at the time of the accident; that he was reckless when he made a left-hand turn into oncoming traffic in order to pull into the parking lot of My Saloon; and that his actions are a direct cause of Stanley's death.

Defense Attorney Thomas Burns will try to prove that Wendt was not over the legal limit at the time of the accident. He will argue that a .08 BAC recorded in a test more than an hour after the accident, represents a slight elevation in his BAC from his last drink, but not his BAC at the time of the accident.

Wendt reportedly recorded a .07 in a breath test at the scene. Field breath tests, however, are not admissible as evidence at trial, by either side. 

Wendt, who was helping a friend bale hay that day, has said he drank his last beer about 15 minutes before the accident. That drink may not have made it into his system at the time of the accident, but could have shown up in the later BAC test.

Also at issue are the actions of the other driver Rachel L. Enderle, 27. There were reportedly no skid marks at the scene, and prior to trial, it's not been publicly established how fast the car was going at the time of the accident. 

The spot of the accident is an area in Darien Center that is posted 40 mph along a stretch of Route 20 that is otherwise 55 mph.

Enderle along with Wendt was named in a lawsuit filed in Rochester earlier this year by Timothy L. Enderle, who was also a passenger in Rachel's car.

"Any time there are two cars in an accident, there is a certain percentage of fault with both drivers," said Timothy's attorney, Sheldon W. Boyce.

The key question in this trial is to what degree, if any, is Ronald J. Wendt at fault? And if found at fault to any degree, how much of his life should he be forced to give up?

For previous coverage, click here.

As a man we only knew as John Doe lay cuffed and prostrate in the back of a patrol car waiting to be arraigned on a trespass charge at Darien Town Court, Chief Deputy Gordon Dibble mused, "some people just shouldn't drink."

The night was still young, but already a handful of individuals had caused a mess of trouble for security and law enforcement at Darien Lake Performing Arts Center during the Aug. 28 Tom Petty concert.

Outside of two young guys busted for allegedly trying to sell hallucinogenic mushrooms, all of the night's law enforcement issues dealt with people drinking, and a little marijuana use, too.

"There are many more arrests we could make, but we try to arrest the people who need to be arrested," Dibble said. "We try to eject as many people as we can -- the people who can’t behave themselves. Usually the people who get arrested -- there’s just no other alternative."

Take the case of Jonathan Raymond -- a.k.a. John Doe:  When he was taken into custody, according to one deputy, even his friends were saying, "Get him out of here." 

Investigator Roger Stone, who was in uniform, was on patrol and served as my ride-along escort for the first part of the night. We encountered Raymond in the security trailer next to the concert venue where arrestees are first brought for processing. 

At about 5'-10" and 190 lbs, the 21-year-old Raymond had some strength to throw around if he wanted. He offered enough resistance and spit out enough verbal threats that deputies were clearly intent on keeping him under control.

In the trailer, two deputies kept Raymond cuffed in a chair and their arms on his shoulders.

He kept demanding to leave, cussed at anybody who came within sight and let everybody know that given a chance, he could and or would kill them.

As Raymond sat while Sgt. Thomas Sanfratello prepared his paperwork, a female security guard pushed into the trailer a cuffed 19-year-old Sara J. Cooper.

"Whoa, I'm so scared," Cooper yelled. "Just so you know."

Later Cooper would reportedly start calling a woman deputy a couple of choice female-specific slurs and allegedly fight back against a deputy, getting herself shoved against a wall and held there until she settled down.

When it came time to escort Raymond to Stone's cruiser, five deputies were on hand to lead him from the trailer to the car and then try to get him into the back seat. 

Raymond said he wasn't going to do it. He wanted to be let go.

Investigator Stone, whose smooth baritone could improve many doctors' bedside manner, said, “You seem like a good guy. Why don’t you just get in?”

“Who are you?

“Stone.”

“Stone who?”

“Roger Stone. I’m one of the deputies.”

Raymond didn't move. One of the deputies suggested picking up by turning him on his side and pushing him log-like into the backseat.

While Raymond verbally protested, his bit of wiggling and bucking was easily controlled by the deputies.

Once we were on the road, Raymond told Stone, "You're pro-Indian, so why do you act like a white man, mother f---ker?"

When Stone didn't answer, Raymond pleaded, "Stonehorse?"  No reply. Louder: "Stonehorse?"

"What?" Stone kind of whined.

“If you act like a white man, you are a white man.”

Raymond then started to cry.

“I want you to be on our side, Stonehorse.”

Pause.

“I’m going to kill you Stonehorse.

Stone: "No you’re not. Come on."

"Ok," Raymond said. "I won’t."

And a few minutes later, Raymond said again, "I'm going to kill you, Stonehorse."

I asked Stone, "Isn't that something you could charge him with?"

Stone shrugged. "Sure," he said, "But why?"

Roger Stone is clearly not a cop who relishes confrontation. When he drove Brett Tofil and Joseph Kulig to the Genesee County Jail following their arrests on drug charges, each getting $5,000 bail, one of the young men thanked Stone for "being cool."  

But that "coolness" doesn't deter Stone from understanding he has a job to do. He sees a lot of value in the drinking-related arrests the Sheriff's Office makes, and also in the underage drinking citations deputies issue.

He totally rejects the suggestion that these law enforcement efforts are just aimed at generating revenue for the county or are motivated by a cop's desire to ruin somebody's good time.

"We’ll never know when we’ve stopped somebody from getting too inebriated," Stone said. "We’ll never know when we’ve saved their lives or the lives of somebody else. To me, that’s the reason why we need to do it.

"It’s the same thing as getting drunken drivers off the road. We’re never going to know whether we stopped some accident or somebody from being injured or killed. But you know the fact that we’re going out there and reducing it now and then is a good thing, and I feel good about doing it."

The Sheriff's Office has only 25 patrol officers, including sergeants, according to Dibble, so when it comes to one of the 18 concert nights at Darien Lake, Dibble himself and investigators such as Stone help out with patrols.

The Sheriff's Office provides traffic control and law enforcement inside the venue, while the State Police also patrol the roads surrounding the venue, mainly targeting drunken drivers.

To help with the manpower inside the concert venue, this summer, Sheriff Gary Maha deputized off-duty Batavia police officers, who were paid by the concert promoter, Live Nation.

During the Petty concert, one of those deputized officers, Eric Hill, was hurt when 20-year-old Matthew J. Pasternak allegedly resisted arrest. Hill's finger was splinted and iced following the altercation and Hill was concerned that it was broken. A couple of days later, Hill said his finger was still sore, but didn't appear to have been broken. He didn't miss any duty.

The Petty concert on Aug. 26, as well as the one a couple of weeks earlier, had a number of violent confrontations with law enforcement. Deputies found it surprising, since Petty is an older act without much of a hard-rock edge, and they said Petty concerts weren't, in past years, rowdy.

But every performer brings it owns audience, Dibble said.

"Some are more aggressive," Dibble said. "Some bring in more drugs, some more alcohol and some bring in more kids sometimes."

Dibble said the Sheriff's Office works closely with Live Nation so deputies are prepared to deal with the type and size of crowd anticipated.

"It's a partnership for sure," Dibble said.

Live Nation actually pays for all of the law enforcement inside the concert venue, including about 100 of its own security personnel (including personnel in the parking lots), according to Pete Riedy, with Live Nation.

People pay a lot of money to attend shows at Darien Lake, and 99 percent of them have a good time, and even down a few beers, without causing a problem, Riedy said. They don't want to be bothered with unruly drunks.

"Unfortunately there’s always a few people who take it to the next limit and cause problems," Riedy said. "Alcohol is usually the reason. ... No matter how many rules and restrictions you put on people, there are going to be certain people who can’t control themselves."

And with booze being the chief cause of problems, Riedy said, it's important that both security and local law enforcement address the underage drinking issue. While some people criticize deputies for writing underage drinking citations, Riedy said it's an important part of keeping people safe.

"Nothing good comes out of kids drinking in the parking lot and drinking when they're under age," Riedy said. "If I could, I’d have 100 more Sheriff’s deputies out there."

And writing underage drinking citations isn't hard, Dibble said. The typical kid will walk right up to a deputy, or otherwise brazenly display a beer or wine bottle with law enforcement in the area.

Dibble recalled one time he was standing in the parking lot -- in uniform -- and a 17-year-old walked right up to him, beer in hand.

"I don’t know if it’s the effects of alcohol, if it’s a sense of entitlement, I don’t know," Dibble said. "I can’t explain that."

If not for the deputies enforcing the underage drinking law, Riedy said, the only other alternative would be to disallow tailgating, and Live Nation doesn't want to do that. It wouldn't be fair to the majority of people who can remain civil and obey the rules.

"(Drinking problems) don't make our venue look good," Riedy said. "It doesn't make any venue look good. It makes people not want to come back. My biggest concern running the venue is people’s safety and people enjoying the concert.

"People pay a lot of money to come here. My biggest concern is that people have a good time."

Photos: Top, Sara Cooper is escorted into the processing trailer; Inset, Jonathan Raymond being held in his chair inside the trailer; Bottom, Brett Tofil and Joseph Kuligafter outside Darien Court after being arraigned. Roger Stone, right, allowed them a chance for a smoke and to make calls on their personal mobile phones to friends and relatives to arrange for bail.

Richard J. Kubis, 30, of 25 Vine St., Batavia, is charged with endangering the welfare of a child. Kubis is accused of supplying cigarettes to two youths, ages 12 and 13.

Darlene McComb, 51, of 110 Bank St., Batavia, is charged with harassment, 2nd. McComb was arrested on a warrant for an alleged Aug. 27 incident. McComb is accused of kicking UMMC emergency room staff.

Lawrence D. Williams, 50, of 15 Walnut St., Batavia, is charged with harassment, 2nd. Williams is accused of shoving a woman. Bail was set at $200.

Clinton J. Reese, 46, of 106 Ellsworth Ave., Batavia, is charged with aggravated harassment, 2nd. Reese is accused of threatening to kill another person.

Chelsie R. Dibble, 25, of Corfu, is charged with DWI and aggravated DWI. Dibble was stopped by State Police at 2:26 a.m., Sunday, on Akron Road in Corfu.

Carl F. Jenkins, 18, of Clarence Center, is charged with DWI and driving with a BAC of .08 or greater. Jenkins was stopped by State Police at 1:47 a.m., Saturday, on Route 238 near Route 20 in Darien.

Edmund Rogalski, 51, of Rochester, is charged with DWI, aggravated DWI, and aggravated unlicensed operation of a vehicle. Rogalski was stopped by State Police at 1:38 a.m., Thursday, on the Tonawanda Indian Reservation.

Saturday, the DeFelice family hosted their annual Autumn Gathering for friends and family at High View Farm in Le Roy. Besides food and music, there were games, a hay ride and Gasper DeFelice's farm equipment on display as well as the stock cars of Gasper and Christopher DeFelice.

Mike Pratt and the Fighting Irish dominated the Oakfield-Alabama Hornets from Notre Dame's opening drive, when Pratt carried the ball on each snap resulting in a touchdown.

In all, Pratt had 234 yards on 18 carries and scored three times.

Notre Dame won 36-0 in the Saturday afternoon match-up.

It was also a big game for Nick Taylor, who had 16 carries for 118 yards and two touchdowns.

In all, Notre Dame rushed for 433 yards on 50 attempts.

On defense, Taylor also had six tackles.

The Hornets drop to 0-3 and Notre Dame moves to 2-1.

In other Genesee County football action Friday and Saturday:

Alexander (0-3) fell to Barker (1-2), 20-17. Jared Quinn threw two touchdown passes to John Winiecki for Alexander.

Pembroke (3-0) defeated Elba/Byron-Bergen (2-1) 6-3. For Pembroke, Caine Cole had 155 yards on 32 attempts, while Dylan Bordonaro had 85 yards on 13 rushes for Elba/Byron-Bergen.

After two shutout wins to open the season, Holley (2-1) lost to Attica (2-1), 26-23. For Attica, Brad Clark rushed for 247 yards on 32 carries. He scored twice, including the winning touchdown. 

Le Roy (2-1) dominated Perry (1-2), 56-20. Tommy McQuillen rushed for 186 yards on 10 touches and scored four touchdowns. Defensively, Brad Morgan forced a fumble and had nine tackles. Austin Steinbrenner added six tackles to go with two interceptions.

In a Saturday night game at Van Detta Stadium, the Batavia Blue Devils were 0-3 after losing to St. Mary's (2-1), 21-14.

More pictures from OA at ND after the jump:

A caller reported smelling smoke and seeing ash falling in the Batavia Downs parking lot.

City Fire and Town of Batavia Fire were dispatched.

A Town of Batavia chief reports seeing a haze in front of Kmart.

Another responder reports smelling smoke in the area of Redfield and Richmond.

A security guard from Batavia Downs reported smelling smoke, too.

Firefighters are checking the grandstand area.

Another responder reporting seeing a plum of smoke in the area of BJs.

UPDATE 11:53 p.m.: The source has been located. It's behind BJs. It's apparently some sort of controlled burn. City units put back in service. Only Town of Batavia's Engine 24 is going to the scene. A deputy is requested to the scene.

UPDATE 12:14 a.m.: Fire extinguished. Town of Batavia units back in service.

For the literary-minded of Genesee County, Present Tense Books and Gifts at 101 Washington Ave., Batavia, has become an important community hub.

Owner Erica Caldwell opened the shop five years ago, on Sept. 17, 2005, because she thought Batavia needed a bookstore.

Today, the store officially celebrated its fifth anniversary and Caldwell said its success has exceeded her expectations.

"I’m thrilled that we made it five years," Caldwell said. "That’s a great milestone and I’m thrilled that we’ve gotten so much support from the community."

In an era of mega-chains, and now e-readers, there's plenty of competitive threats, but Caldwell said Present Tense has done well filling a quite little niche for the customer who prefers the bookstore experience and doesn't want to drive to Buffalo or Rochester to get it.

"You have no idea of the number of people who came in and thank us for saving them a trip," Caldwell said.

While it's a small shop, so there isn't the massive selection you might find in one of the mega-chains, there isn't anything Caldwell said she can't get for customers, often the next day and without any shipping costs.

For Caldwell, running the store isn't just about business success. She said one of the greatest joys is getting to know her customers.

"I enjoy talking with people about books," Caldwell said. "It's great to see all the people who love to read. People come in and I know what they’re reading and they know what I’m reading."

Michael Dorobilala, a student at Robert Morris, thought his time in a plane flying over Genesee County today was "awesome."

The best part?

"Going down because it gives you a swoosh of excitement and you’re like tingly."

Michael was one of 60 kids to show up at the Genesee County Airport today to get a first-hand experience flying a small airplane. The Young Eagles event was sponsored by Experimental Aircraft Association chapters out of Buffalo and Rochester.

The EAA has been running the Young Eagles worldwide since 1992, when the idea was launched with the goal of getting one million children at the throttles of a small plane by the 100th anniversary of the Wright Brothers' first flight. To date, more than 1.6 million kids from 90 countries have been through the program.

Rochester Chapter President Norm Isler said the EAA wants to not only expose kids to aviation, but to show them a practical use for math and science.

Pilot Mary "Willie" Mattocks said, to her, being able to fly is a privilege, so a program like Young Eagles is a chance to give back.

The flight is more than a tag-along ride. The children actually are given a chance to fly the plane.

"It's a fantastic event for children," said Mattocks, who owns her own Piper Cherokee and has been flying for 20 years. "It gives them an introduction to flying and I think it stays with them for the rest of their lives. They get just such a lot of pleasure out of it."

As for Mattock's assessment of Michael, she wrote in his log book, "Michael will be an awesome pilot. Keep going with the math and science. Straight and level at 2,500 feet. Executed turn at Darien Lake."