Alexander

Peaviner Road in Alexander is closed due to high water.

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Stacy Wirth provided this picture. She was driving on Brookville Road in Alexander today when she spotted the Bald eagle dining on a deer carcass.

If it's going to take an expert witness to help Ronald J. Wendt beat the 12 felony charges against him, it's going to take money.

His attorney, Thomas Burns, says Wendt is "tapped out."

Sitting in jail, unable to earn money, Wendt cannot afford the thousands it would cost to bring in an expert in field sobriety tests and breathalyzers to help challenge the charge that he was driving drunk Aug. 12 when he was involved in an accident that took the life of Dansville teenager Katie M. Stanley.

County Attorney John Rizzo filed papers this week opposing a motion by Burns for the county to pay for the expert.

"I understand Mr. Rizzo's concern regarding the taxpayers," said Burns today, "but this is fundamentally at the heart of our defense. It is very important to us."

Wendt appeared in court today -- dressed in Genesee County Jail orange and with his head shaved -- for a hearing on motions by Burns that arresting officer Deputy Tim Wescott did not have sufficient probable cause to charge Wendt and to suppress statements made by Wendt to Wescott.

County Court Judge Robert Noonan denied both motions and set a date for a week-long trial.

Jury selection will start July 12 at 9 a.m. 

Noonan set May 24 as the plea-offer cutoff.

District Attorney Lawrence Friedman said the offer he's made to Wendt is to reduce the aggravated vehicular homicide charge -- with a maximum penalty of 8 to 25 years in state prison -- to aggravated vehicular manslaughter. The reduced charge could still result in a more than two-year prison sentence, and up to seven years.

Burns said after the hearing that he expects the case to go to trial. The bottom end of the sentence on the first count of the indictment is one to three years, if Wendt were convicted by a jury.

Today, Westcott testified at length about the field sobriety test he conducted on Wendt following the late-night accident.

An expert witness would help Burns establish doubt as to whether the test conclusively proved that Wendt was driving drunk.

Wescott testified that he started with an eye-tracking test, which is designed to find possible nystagmus, which is an involuntary eye movement. Wescott testified that Wendt passed this test, saying that in order to determine that a driver has a BAC of at least .10, he will need to show four clues in the test and Wendt showed only two.

Friedman objected to Burns asking a series of questions about the eye-tracking test, but Noonan overruled the objection.

Wescott also testified that he had Wendt walk a straight line with the requirement that he take nine steps in each direction, heel-to-toe. Wescott said in his judgement, Wendt failed this test, missing four steps by an inch or less between his heel and toe going forward and raising his hands from his side on the return.

When it came to touching his nose, Wendt missed slightly on four of six tries.

On another test, where the suspect is asked to close his eyes, tilt his head back and try to estimate when 30 seconds had passed, Wendt said stop after 37 seconds. The standard deviation, according to Wescott, is five seconds.

More than an hour after the accident, Wendt submitted to a BAC test and reportedly tested at .08.

Wendt did allegedly make at least one incriminating statement early in the interview, Wescott testified. Wendt said, according to Wescott, "You might as well have me blow and take me to jail."

Noonan ruled that statement will be admissible at trial.

For previous coverage, click here.

Barbara E. Ferrando, 38, of 53 W. Main St., Apt. 101, Corfu, is charged with harassment, 2nd. Ferrando is accused getting into a dispute with a store clerk. During the alleged confrontation, she allegedly reached behind the counter and struck the clerk with a plastic coffee mug, causing minor injuries.

Jessica J. Moscicki, 19, of 19 Briarwood Terrace, Batavia, is charged with aggravated unlicensed operation, 3rd and criminal impersonation, 2nd.  Moscicki was charged after allegedly giving a false name to Officer Ed Mileham during a traffic stop in the Tops Market parking lot at 2:30 p.m., yesterday. After further investigation, her identity was discovered and it was revealed she had a suspended license.

Brian L. Smith, 48, of 4128 Colonial Blvd., Batavia, is charged with criminal contempt, 2nd. Smith is accused of violating a court order by sending computer messages to a woman in Florida. Smith was allegedly barred from any contact with the woman. The messages were reportedly sent on Feb. 16. He was arrested yesterday around noon.

Mark Paul George, Sr., 51, of 3281 Broadway Road, Alexander, is charged with harassment, 2nd. George allegedly got into a dispute with a woman in Darien over some property. When the other person attempted to contact the police, George allegedly struck her hand, knocking her mobile phone away. There were no injuries reported.

Harry J. Reed, 28, of Rochester, was charged by State Police with DWI. Reed was stopped at 42 Green Knolls Road, Stafford, at 8:42 a.m., Monday. No further information is available.

Accidents from the State Police blotter:

3:38 p.m., Feb. 22, Barrville Road, Elba, two vehicles; Driver 1: Mary R. Prior, 67, of Batavia; Driver 2: Kim C. Clark, 59, of Attica. No injuries reported.

10:18 p.m., Feb. 22, Lewiston Road, Alabama, one vehicle; Driver 1: Brandy L. Golding, 35, of Akron. No injuries reported.

5:40 a.m., Feb. 23, Attica Road, Darien, one vehicle; Driver 1: David M. Roberts, 39, of Attica. No injuries reported.

4:37 p.m., Feb. 22, Mile Marker 397.4, Thruway, Pembroke, one vehicle; Driver 1: Michael H. Moran, 20, of Batavia. No injuries reported.

4:44 p.m., Feb. 22, Mile Marker 403, Thruway, Pembroke, one vehicle; Driver 1: Allessandra R. Falcao, 27, of Kearny, NJ.

12:03 a.m., Feb. 23, Mile Marker 394.7, Thruway, Batavia, one vehicle: Driver 1: Michael R. Eaton, 34, of Rush. No injuries reported.

A garage is reportedly on fire in the Village of Alexander at 10635 Main St.

Alexander Fire and Town of Batavia have been dispatched.

The original alarm reported both house and garage on fire, but now dispatch says it's just the garage and the house has been evacuated.

The Alexander chief has requested a second alarm.

UPDATE 11:11 p.m.: Darien is requested to send a tanker to the scene and an engine to stand by at the Alexander Fire Hall. Bethany has also been dispatched. 

UPDATE 11:14 p.m.: Route 98 is being shut down.

UPDATE 11:15 p.m.: There is a report of pesticides in the garage.

UPDATE 11:16 p.m.: "103 to 104, we've got exposure to both houses. We need to protect them."

UPDATE 11:28 p.m.: Personnel on scene report that there is heat damage to a house. He reports that the resident was working on a car in the garage with a space heater going. He went inside, came back outside and found the garage on fire.

UPDATE 11:32 p.m.: Reader Jon Dayton just sent in the picture now at the top of this post. He reports, "I was closing up my shop to go inside and saw flames rising above the  buildings on the East side of the Village of Alexander at about 10 minutes after 11. By 11:15 Alexander firemen had responded to a fully involved garage fire on Main Street."

UPDATE: Sheriff's Office reports the garage was owned by Paul Thomas Pilc, III. Pilc had been working in the garage, cleaning up his truck, because he had a meeting at work on Friday morning. He took a break and went in the house to use the bathroom and grab a bite to eat. At 11:03 p.m., his son told him the garage was on fire. When Pilc looked, there were flames coming from the back of the garage. Pile got his family safely out of the house and moved his car away from the garage. Pilc said he was using a kerosene heater that belonged to his brother's friend. He said it had seemed to be working fine. An investigation by Alexander Fire found nothing suspicious about the origins of the fire and concluded the likely cause was the heater. New York DEC was notified because Pilc's work truck contained pesticides.

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Corey J. Hemmer, 23, of 91 S. Main Apt. B, Elba, is charged with petit larceny. Hemmer reportedly tried to return an empty box to Walmart at 6:41 p.m. Friday in exchange for a gift card. Hemmer reportedly received a gift card and after he left the customer service counter, employees reportedly discovered the box had no merchandise inside. Hemmer was located at a cash register attempting to purchase merchandise from the store.  When confronted by a loss prevention officer from the store, Hemmer allegedly ran from the store. When he was caught outside, Hemmer allegedly resisted detention. The loss prevention officer also reportedly spotted merchandise inside of Hemmer's jacket. Hemmer was eventually found hiding behind trees off Route 63.

Alice E. Coover, 34, of 112 Lake St., Apt. 1, Le Roy, is charged with three counts of unlawful dealing with a child 1st. Coover was arrested by Sgt. Michael J. Hare of the Le Roy Police Department for allegedly providing alcohol to three teenagers on Friday and Saturday nights.

Amy E. Loranty, 27, of 215 Bank St., Batavia, is charged with petit larceny. Loranty is accused of being in Target at 12:15 p.m. yesterday with her boyfriend and her two children when she allegedly stole articles of clothing.

Thomas C. Couse, 45, of 2728 Buffalo Road, Rochester, is charged with DWI, driving with a BAC of .08 or greater, leaving the scene of a property damage accident, failure to stop at stop sign and moving from lane unsafely. Couse was allegedly involved in a car accident at 3:20 a.m. Saturday at the intersection of Route 33 and 33A, Bergen. Couse allegedly left the scene of the accident and then was identified when he returned to the scene. The accident was investigated by Deputy John Weis.

Jason Norman Haacke, 32, of 47 Farnsworth Ave., Oakfield, is charged with DWI, driving with a BAC of .08 or greater and speeding. Haacke was stopped by at 8:59 p.m. Saturday by Deputy Jason Saile in Oakfield for allegedly speeding. He was then arrested on the alleged DWI charges.

Robert Alan Steavens, 41, of 3478 Spring Road, Alexander, is charged with DWI, driving with a BAC of .08 or greater, improper right turn, failure to dim headlights.  Steavens was stopped at 2:13 a.m. Friday in Darien by Deputy Jason Saile.

Ryan M. Bobzin, 21, of Bergen, is charged with harassment 2nd. Bobzin was arrested by State Police at 11:17 p.m. Sunday. No further details were released.

Accidents from the State Police blotter:

2:37 p.m., Feb. 6, Judge Road, Alabama, two vehicles; Driver 1: Wendi L. Kavenagh, 34, of Le Roy; Driver 1: Daniel J. Davis, 43, of Middleport. No injuries reported.

A driver who spun out after hitting a patch of snow on Route 98 in Alexander yesterday was transported to UMMC complaining of neck pain.

Thomas R. Hakes, 17, of 2680 Merkle Road, Attica, was northbound on Route 98 near Cookson Road in a 1996 Ford pickup when he hit a snowdrift on the roadway. His car spun out and hit an embankment.

The accident occurred at 12:08 p.m.

No other vehicles were involved.

No citations were issued.

Deputy Brian Thompson investigated the accident.

(Initial Report)

A 40-year-old woman from Wyoming suffered a concussion in an automobile accident yesterday on Route 20 in Alexander.

Her infant was uninjured.

Eleen M. Campbell, of 11005 East Road, Wyoming, was taken by ground ambulance to Strong Memorial Hospital following the 9:24 a.m. accident.

Campbell reportedly lost control of her vehicle and it spun around several times before entering the eastbound lane of Route 20 where it was struck by a tractor-trailer. Her estimated speed prior to losing control was 45 mph. She was cited for unsafe speed for conditions.

The driver of the truck was Donald E. Patton of Willis, Texas. He was not injured in the accident.

Deputy Brian Thompson investigated the accident.

(Initial Report)

An injury accident has been reported in the area of Alexander and Cookson roads, Alexander.

Alexander Fire and Mercy EMS have been dispatched.

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An accident on Route 20 involving a car and truck on Route 20 in Alexander has been reported.

A woman is reportedly in and out of consciousness and there was a child in the car.

As a precaution, dispatch checked on the availability of Mercy Flight, but Mercy Flight is grounded due to weather.

Extrication will be required.

UPDATE 9:34 a.m.: First responder reports no serious injuries.

If Defense Attorney Thomas Burns wants the mobile phone records of the occupants of a Toyota in which one of the passengers was killed in an accident, he will need to subpoena them himself.

Judge Robert C. Noonan denied Burns' motion to require the prosecution to produce the records.

In his ruling, Noonan noted that the defense can obtain the records subpoena duces tecum, which means "bring with you under penalty of punishment."

Asked whether he would issue such a subpoena, Burns responded:

The Court has decided that the items sought can be independently secured by the defense. Of course there are a number of hurdles to acquire the information necessary to issue an appropriate subpoena to acquire them. The defense merely sought the assistance of the prosecution in providing that information. Since the ruling requires the defense to independently acquire such information we will do just that. The irony is that in a civil proceeding the discovery mechanisms provide for almost unlimited disclosure from the opposing party, by use of depositions etc., these things are not available to a criminal defendant. Nor does a prosecution witness have any obligation to speak to a criminal defendant's attorney or investigator. However, it is my intention to take whatever steps are necessary to secure records of all occupants of the vehicle. The remaining issue is that of relevance. For a jury to be informed of the content of such information the Court would need to be convinced that such information is relevant and probative on a material issue in the case.

Burns is defending Ronald J. Wendt, a 24-year-old Alexander resident who faces numerous felony charges following the accident that took the life of Katie Stanley, 18, of Dansville. Criminal enhancements sought by District Attorney Lawrence Friedman could lead to as much as a 25-year sentence. Wendt allegedly had a BAC of .08 at the time of the accident.

The dirver of the Toyota, Rachel L. Enderle, 27, also of Dansville, was named in a lawsuit filed last month in Rochester by one of the occupants of the car, Michael A. Enderle.

There were apparently no skids marks left by the Toyota prior to hitting Wendt's pickup truck.

Wendt is in jail on $250,000 bail after he reportedly violated the terms of his previous release by riding a motorbike to work.

For previous coverage of the Ronald J. Wendt case, click here.

From Thomas Lowe:

There are three roads in the Town of Alexander that are closed due to high water levels from flooding. They are Peaviner Road, Cookson Road, and Old Creek Road. These roads are under from five to twelve inches of water that is flowing very fast across them. The water has washed out gravel in the roadways and there are drop offs at these crossings that could trap a vehicles wheels and cause the flooding of the engine compartment. There are some ice sheets in the road that are approximately two inches thick. There are road closed barricades at the intersections of these roads, do not go around them, as the roads are very dangerous to traverse with the water crossing and the washouts cut into the gravel.

An Alexander man who was taken to Strong Memorial Hospital by Mercy Flight yesterday following a motorcycle accident was treated and released, according to a patient information clerk at Strong.

Landen P. McCormick, 21, was northbound on Sandpit Road in Alexander when he reportedly failed to negotiate a curve and struck a guard rail, according to State Police.

McCormick was ejected from the motorcycle and according to reports yesterday, suffered a possible head injury.

No tickets were issued.

A motorcycle accident has been reported at the intersection of Sandpit and Dry Bridge roads, Alexander.

The driver reportedly suffered a head injury.

Mercy Flight is being put in the air.

Alexander Fire and Mercy EMS dispatched.

UPDATE 4:04 p.m.: Mercy Flight in the air. Four minute ETA

UPDATE 4:20 p.m.: Mercy Flight 5 in the air, transporting to Strong Memorial.

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Diane G. Geary, 44, of 4036 West Main St., Apt. #8, Batavia, is charged with two counts of petit larceny and possession of stolen property. Geary was arrested by Det. Kevin Czora following an investigation into the theft of prescription hydrocodone (pain pills) and a social services check from another individual. Geary was jailed on $1,000 bail.

David W. Wells, 21, of 6962 Townline Road, Bergen, is charged with DWI, driving with a BAC of .08 or greater, consumption of alcohol in a motor vehicle, unlicensed operation, improper left turn and failure to stop. Wells was stopped at 1:44 a.m. Saturday by Deputy Jason Saile on Route 19 in Bergen.

Gene Robert Schmidt, 42, of 3150 Dodgeson Road, Alexander, was picked up on a warrant for an alleged violation of probation. Schmidt was stopped for an alleged traffic violation on Dodgeson Road by Deputy Jason Saile and it was discovered there was a warrant for his arrest. Schmidt was jailed on $5,000 bail.

Rebecca Jo Cornell, 35, of 439 Sandhill Road, Caledonia, is charged with petit larceny. Cornell allegedly left the Target store in Batavia without paying for $101 worth of merchandise.

Robert M. Hopkins, 27, of 234 North Spruce St., Batavia, and Jason W. Lebar, 24, of 8170 Batavia-Stafford Townline Road, Batavia, are charged with trespass. Hopkins and Lebar were reportedly on the grounds of the New York State Veterans Home without permission. They were jailed on $250 each.

Kimberly A. Brodsky, 18, of 4 Elm St., Batavia, is charged with DWI, driving with a BAC of .08 or more, operating with one headlight, operating with one headlamp and unlawful possession of marijuana. Brodsky was stopped by Officer Dan Coffey at 2:44 a.m. Sunday on Jackson Street.

Joshua R. Gebhard, 22, of 279 Palmer Road, Churchville, is charged with unlawful possession of marijuana. Officer Dan Coffey reported finding a small quantity of marijuana during a traffic stop.

Reported accidents from the State Police blotter:

4:34 p.m., Jan. 10, Route 98, Batavia, one vehicle; Driver 1: Susan A. Haight, 20, of Albion. No injuries. No citations.

4:00 a.m., Jan. 11, Route 5, Indian Falls, one vehicle: Driver 1: C.C. Bennett, 23, of Corfu. No injuries. No citations.

1:40 p.m., Jan 15, T/A Truck Stop, Route 77, Pembroke, two vehicles; Driver 1: John R. Stellingwerf, 41, Fulton; Driver 2: Murphy Maurice, 44, of Denver, Colo. No injuries. No citations.

5:41 p.m., Jan. 15, Roanoke Road, Stafford, one vehicle; Driver 1: Kevin P. Heiman, 27, of Pavilion. No injuries. No citations.

6:34 p.m., Jan. 15, Shanks Road, Alabama, one vehicle: Driver 1: Cody L. Pahuta, 18, of Corfu. No injuries. No citations.

One of the passengers in a car involved in a fatal accident Aug. 14 in Darien Center has filed a lawsuit seeking unspecified damages against the drivers of both vehicles.

Timothy L. Enderle names as defendants Ronald J. Wendt, Jr., Rachel L. Enderle and Michael A. Enderle.

Rachel, 27, was reportedly the driver of a 1993 Toyota sedan owned by Michael. Timothy, 20, was a passenger along with Gabrielle E. Mahus, 18, and Katie M. Stanley, 18.

Stanley died as a result of injuries sustained in the accident.

According to the initial Sheriff's Office press release, Timothy was transported by ambulance to UMMC and later transferred to Strong Memorial with a hip injury.

When we reached Rochester attorney Sheldon W. Boyce, who is representing Timothy, he wasn't in his office and didn't have a copy of the case with him, but he indicated there is no specific allegation of distracted driving by Rachel or equipment failure in the Toyota.

"Any time there are two cars in an accident, there is a certain percentage of fault with both drivers," Boyce said.

Wendt, who is accused of drunken driving, is in jail on $250,000 bail awaiting trial on a 12-count indictment that with enhancements could lead to a 25-year prison term.

For previous coverage, click here.

The attorney for an Alexander man accused of driving drunk at the time of a fatal accident in Darien wants to see the mobile phone records for the occupants of the car carrying the Dansville teenager who was killed.

District Attorney Lawrence Friedman says that Defense Attorney Thomas Burns is merely on a "fishing expedition" in his request for the records.

The request and Friedman 's response are in motions filed by the two attorneys in the case of 24-year-old Ronald J. Wendt.

Wendt faces a 12-count indictment in the case, including an enhancement charge that could lead to a 25-year prison sentence.

"The requested records are relevant and highly probative on the issue of the driver's attention to road conditions and other traffic immediately to the automobile accident," Burns writes. 

Burns goes on to note that distracted driving, according to the National Highway Transportation Safety Administration, accounts for 26 percent of motor vehicle accidents.

Friedman responded, "There has never been any indication that anyone in the victims' automobile was using a cell phone at or near the time of the collision ... Instead, the defense is simply attempting to engage in a "fishing expedition" ... The people are not in possession of, nor aware of, the existence of any such cell phone records. Furthermore, we fail to see the relevance of possible cell phone communications involving passengers in said vehicle. Finally, it is the People's position that there is no authority for the Defendant's baseless effort to obtain possible cell phone records of crime victims and that such discovery would be beyond the parameters of (evidence law)."

Katie M. Stanley was killed in the Aug. 14 accident. Stanley was a passenger in a Toyota driven by a friend from Dansville and there were two other passengers. The group was returning from Darien Lake on Route 5 when it entered Darien Center, where the speed limit quickly drops from 55 mph to 40 mph. Wendt was apparently the driver of a Dodge Ram pickup that turned left into the parking lot of My Saloon just ahead of the oncoming car.

The Toyota struck the rear of the pickup truck. There has been no evidence presented so far, nor reports of, skid marks or other evasive action by the driver of the Toyota.

Wendt reportedly told a Sheriff's deputy that he had been drinking beer that day while baling hay. Deputy Tim Wescott reported that Wendt demonstrated slurred speech, had the odor of alcohol and demonstrated poor coordination following the accident. He reportedly had a BAC of .08.

Judge Robert Noonan will hear oral arguments in the motions on Jan. 19.

Burns has also filed a standard number of motions to disclose evidence, open the Grand Jury minutes, dismiss the case on various grounds and suppress specific pieces of evidence on various legal grounds.

For previous coverage, click here (all previous stories on this topic are now tagged "Ronald J. Wendt").

Two teenagers were injured yesterday when one of them apparently lost control of the car he was driving on Sandpit Road.

The 2000 Chevy Pickup flew into a barn at 10298 Sandpit, Alexander, and landed on its roof in the basement of the barn.

Joseph Edel, 16, of 11 North St., Attica, was taken by Mercy EMS to UMMC with neck pain. His passenger, Michael A., Bigouette, 15, was transported by ambulance to UMMC complaining of chest pain.

The 4:35 p.m. accident remains under investigation by Deputy Cory Mower and no tickets have been issued.

Previously: Report of vehicle into a barn on Sandpit Road, Alexander

Alexander Fire is being dispatched to a report of a vehicle crashing into a barn, with a possible roll over, on Sandpit Road.

The exact address is unknown at this time.

UPDATE 4:42 p.m.: No address yet, but the vehicle is upside down in the basement in the barn.