Bergen

Ted E. Kingsley, 42, of Prune Street, Batavia, was arrested on a bench warrant. Police responded to a tip that Ted Kingsley, wanted on a City Court warrant, was residing at 11 Prune St., Batavia. Patrols went to the residence but were unsuccessful in locating Kingsley. Patrols checked the surrounding area, including the cemeteries on Harvester Avenue. During the check, a subject identified as Kingsley was seen running through Batavia Cemetery. Officers gave chase and Kingsley eventually stopped at the request of a police officer and he was taken into custody without incident. Kingsley was jailed on $100,000 cash bail. (Photo: Monday's arrest in the Batavia Cemetery submitted by Jim Woodhams III.)

Maleak H. Green, 21, of South Main Street, Batavia, is charged with criminal contempt, 1st, harassment, 2nd, criminal obstruction of breathing and unlawful imprisonment. No details released on the alleged incident reported at 1:20 a.m. Green was jailed on $10,000 bail.

Christina L. Fox, 26, of Bank Street, Batavia, is charged with petit larceny. Fox is accused of stealing the property of somebody she knows.

Samantha L. Hicks-O'Connell, 27, of Ellsworth Avenue, Batavia, is charged with endangering the welfare of a child, aggravated unlicensed operation, 2nd, unlicensed operation and back seat passenger under age 16 without a safety belt. Hicks-O'Connell was stopped at 5:34 p.m Oct. 8 on Liberty Street, by Officer Jason Ivison after a complaint was received of a female driving a pickup truck with a 10-year-old child riding in the back. NOTE: After reviewing the press release following a complaint by Hicks-O'Connell (see comments), we should note the release does not specifically state a traffic stop was involved in the chargers.

(name redacted upon request), 25, of Harlem Road, Amherst, is charged with possession of a hypodermic instrument, operation of an unregistered motor vehicle and no seat belt. xxxx was stopped at 3:50 p.m. Tuesday on Lewiston Road, Batavia, by Deputy Joseph Corona for alleged traffic violations.

Curtis Lamont Williams, 34, of Ellicott Street, Batavia, was arrested for an alleged Family Court Act violation -- failure to pay child support. Williams was arraigned in Family Court and released because his child support is almost up to date. He was ordered to return to court Nov. 10.

Ronald Warran Sloat, 73, of Godfreys Pond Road, Bergen, is charged with trespass. Sloat is accused of failure to leave another person's property after being told several times to leave.

Bruce Devan Reid, 52, of Saint Paul Street, Rochester, is charged with possession of burglary tools and attempted petit larceny. Reid is accused of possession of tools that would have helped him steal items from parked cars. He was jailed on $4,000 bail.

CSX has postponed its planned closure of the crossing on Route 262 in Bergen.

The closure had been scheduled to start tomorrow.

No new closure date has been announced.

County Highway Superintendent Tim Hens says he was notified late Monday afternoon by CSX that there will be a rail grade crossing closure on Townline Road (Route 262) in Bergen from Thursday morning through Saturday afternoon.

The detour is Jerico Road to Route 33 to Route 19.

Press release:

The Board of Directors of the Genesee County Economic Development Center (GCEDC) approved an application for an amended purchase agreement for Insurance Auto Auctions, Inc. (IAA) at its Oct. 27 board meeting.

“Even before IAA has put a shovel in the ground, the company is already expanding its footprint which bodes well for our region in terms of jobs and continued economic development in Genesee County,” said Steve Hyde, president and CEO, GCEDC.

In June, the GCEDC board accepted IAA’s offer to purchase 30 acres at Apple Tree Acres. During the company’s due diligence period, IAA’s engineers discovered that more useable acres were required to meet the long-term objectives of the company. The GCEDC and the Town of Bergen worked with IAA to increase the proposed site to 36.2 acres. The Apple Trees Acres Corporate Park is a 119-acre site in the Town of Bergen located on routes 33 and 19.

“IAA is committed to expanding its presence in communities where there is strong customer demand,” said John Kett, CEO and president of IAA. “We look forward to being part of the Bergen community, and thank the GCEDC board for approving this application, which will enable us to better serve our customers and providers in the area.”

Insurance Auto Auctions, Inc., (IAA) is the leading live and live-online North American salvage vehicle auction company with the most auction facilities footprint in North America. The company is committed to providing customers with the highest level of services and has more than 160 auction facilities across the United States and Canada offering towing, financing and titling services. IAA provides registered buyers from around the globe with millions of opportunities to bid on and purchase donated and salvaged vehicles.

The way Jim Neider sees it, stealing markers from the graves of men and women who served their country through military service is "as low as you can go."

Neider was reacting to news that more than 400 bronze markers -- perhaps many more -- have been stolen from the graves in at least a half-dozen cemeteries in the Byron-Bergen area.

The case is being investigated by both the State Police and the Sheriff's Office.

The markers are placed by families and veterans service organizations and, in many cases, were pushed into the turf beside the headstone of a veteran decades ago.

The markers are designed as flag holders and include a bronze medallion designating a veterans group, such as the American Legion or Veterans of Foreign Wars. The medallion typically weighs about a pound and the current replacement value is $32 each.

"They're very expensive," said Nieder, a local veterans leader. "I do discourage people now from getting them because they do have a tendency to walk."

Nieder said since the 1990s, veterans and families have been more likely to buy aluminum markers, which have no scrap metal value to speak of, or less commonly, plastic.

Whoever is involved in the theft of the markers is facing a charge of grand larceny, said Trooper Victor Morales, public information officer for Troop A.

Nieder pointed out that there is a law now on the books that covers both the sale and purchase of markers used on the graves of veterans. Section 450-A of the state's general business law says "it shall be unlawful for any person, firm, association or corporation to engage in the buying or selling of metal cemetery markers and flag holders bearing the insignia of any veterans' organization placed upon the graves of veterans."

Each violation of the law is punishable by a $500 fine or 15 days in jail or both.

Morales said the State Police are investigating the left of markers in four cemeteries in the Byron-Bergen area. More than 400 markers were stolen from these cemeteries. The Sheriff's Office is investigating thefts from other cemeteries, but Morales didn't know how many other cemeteries or how many additional markers were stolen from those locations.

We've been unable to contact the investigator with the Sheriff's Office handling the case.

The disappearance of the flag holders was discovered over the weekend. It's unknown when they might have been taken.

When asked for his reaction to the thefts, Neider said his first thought wouldn't be publishable. He said this isn't like stealing something from somebody's front lawn. The thieves are going into graveyards and stealing from those who unselfishly served and are dead and buried and unable to defend themselves. 

"It's the ultimate slap in the face to these veterans and their families," Neider said. "They earned these markers by their service. It's akin to the problem in Batavia earlier this summer of people going in and desecrating headstones. It's almost beyond that because these markers are earned by these veterans, and it's a cemetary for crying out loud. ... It's pretty low. As low as you can go."

Anyone with knowledge of the whereabouts of these items, or, who may have information on the larcenies is asked to contact the State Police in Batavia at (585) 344-6200 or the Genesee County Sheriff's Office (585) 343-5000.

UPDATE 7:40 p.m.: We just spoke with Tom Williams, with the American Legion in Bergen. He said local Legion leaders are trying to figure out what to do. It would cost $16,000 to replace all of the markers. 

"That's a lot of money," Williams said. "You know how hard that is to come by."

He doesn't have a count on how many total markers were stolen. There's still an inventory taking place of all the graveyards in the Byron-Bergen region.

Among the more than 400 known to be stolen was the one that marked his father's grave, said Williams, who served in the Seabees from 1963 to 1966.

He doesn't think much of the perpetrators who lifted the markers of America's heroes.

"Those are people who made sure we were kept free," Williams said. "They did their job. They left their homes, their families. I did that, the same as my dad. It's just the idea that whoever did this is a real son of a bitch. It just bothers me. Why would they come here? Why would they do that? There are people who are nuts. They don't understand. They have no clue."

Photo: For the purpose of illustration, a picture of a marker in a local cemetery. If you see these, made of bronze, and they're not in a cemetery, contact local law enforcement.

A car struck a tree at Warboys and Sautell roads, Bergen. There are injuries and a victim may have a broken leg. Bergen fire and Mercy medics are responding.

Route 19 through the Village of Bergen is closed to all but local traffic while crews rip out the current crossing and construct a new one. The recommended alternate route is Jericho Road. Village officials only learned of the closure after CSX erected signs, and officials say that when contacted, CSX was unable to provide a timeline for how long the work will take or when the crossing will reopen.

A bit of rain didn't dampen spirits in Bergen this morning where officials dedicated a new "life trail" system in Hickory Park.

The system, made up of seven, three-sided stations with a series of exercises people can perform, is designed to give seniors in particular a chance to be active and improve their physical health.

It was funded by a $50,000 state grant, secured with the help of Sen. Michael Ranzenhofer, Assemblyman Steve Hawley and County Legislator Bob Bausch.

"We have put in place a parks master plan with a focus on fitness and wellness," said Mayor Anna Marie Barclay. "In particular, we want to give opportunities to seniors, which is our fastest growing population, an opportunity, because there are not as many opportunities for seniors as there are for other age groups. We want to encourage our seniors to come out, and not just our seniors. We invite seniors from all of the surrounding communities to come out to our park."

Ranzenhofer said he was proud to have helped bring about the project.

"I'm very excited to be here," Ranzenhofer said. "The comment about the weather, we were talking before about it being a rainy day, but it really is shining today, even though you may not see the sun. On a project like this, with your hard work, collectively, we were able to do a very good thing for the village residents, and thanks for including me."

When I was out there today, I liked this early-fall-day scene I spotted across the road from Byron-Bergen School.

BTW: Byron-Bergen is hosting a first-ever Friday night football game tonight. It's a big local football night. Batavia HS has its homecoming and the 5-0 Le Roy team meets 5-0 Bishop Kearney in a homecoming game. (I'll be in Le Roy).

An accident with injuries is reported at 7666 Swamp Road, Bergen, near or at the intersection with Jerico Road. It's a small dump truck vs. car. Bergen fire and Mercy medics are responding

These indictments were handed down from the Genesee County Grand Jury this week:

Joan A. Gliwski is accused of criminal possession of stolen property in the third degree, a Class D felony. It is alleged that between August 2013 and January 2014 in the Town of Bergen she knowingly possessed stolen property with the intent to benefit herself or another person other than an owner or to impede the recovery by an owner. Moreover, the value of the property exceeded $3,000. The property was various merchandise stolen from seven retail stores.

Maria A. Gardiner is accused of criminal possession of stolen property in the third degree, a Class D felony. It is alleged that between August 2013 and January 2014 in the Town of Bergen she knowingly possessed stolen property with the intent to benefit herself or another person other than an owner or to impede the recovery by an owner. Moreover, the value of the property exceeded $3,000. The property was various merchandise stolen from seven retail stores.

Brian R. Croakley is accused of driving while intoxicated, a Class E felony. It is alleged that on May 31, 2013, in the Town of Bergen, he operated a 2010 Dodge on Route 19 while in an intoxicated condition. In addition, he is indicted by way of Special Information of having been convicted in the Town of Bergen Court of driving while intoxicated as a misdemeanor on June 16, 2010. This conviction was within 10 years of the crime alleged in the indictment.

A Brockport man who claims he had a shotgun pointed at his head by a local resident testified today that he couldn't get State Police to even consider his side of the story before he was arrested on a charge of criminal mischief.

After the charge against Micheal Crooks was dismissed (under what's called an ACD -- adjudication in contemplation of dismissal), he did what a trooper and attorney labeled "cop shopping." 

Crooks went to the Sheriff's Office and found that Sgt. Ron Meides was willing to listen to his side of the story. As a result, John Robinson, of North Lake Road, Bergen, was arrested by Deputy Matthew Butler and charged with menacing, 2nd.

The attorney for Robinson, Kevin DeCarolis, has requested Justice Donald Kunego dismiss the charge against his client "in the interest of justice."

Kunego held the hearing today as part of the motion process. He will issue a written ruling at a later date.

He's already received written arguments from both DeCarolis and Assistant District Attorney Kevin Finnell on the motion.

The case stems from a confrontation Jan. 13, 2013. Crooks contacted both the State Police and the Sheriff's Office about pursuing charges against Robinson in November 2013. Robinson was arrested in April of this year.

Trooper Eric Daigler, who arrested Crooks based on a complaint by Robinson that Crooks damaged his screen door while trying to get into his house, testified today that he was confused and angry when he learned Butler was about to arrest Robinson.

He said typically, law enforcement officers don't involve themselves in cases that have been handled by other agencies.

He felt the case had been closed in January 2013 with the arrest of Crooks.

"I was dumbfounded," Daigler said. "First and foremost, it's common practice not to take on other agencies cases. We refer to it as 'cop shopping.' It happens. Usually, we are pretty good at stopping people who are just trying to get the right answer. They are looking for the answer they want. That's usually the Sheriff's Office policy."

Daigler said it was his position at the time of the incident that Robinson was doing exactly what he's allowed to do under the law -- protect his property and himself. 

"He didn't conduct himself in a manner that he should be arrested," Daigler said. "He was in his home. He armed himself and he called 9-1-1 and informed dispatchers he had armed himself. He was well within his rights in his own home when a man he never met came to his door and was yelling and screaming."

Daigler consulted with his supervisor, Sgt. Ron Lobur, and other troopers, who all concurred, arrest Crooks, but not Robinson.

Since the arrest of Robinson, Daigler said, everybody he's spoken to in the local law enforcement community, with the exception of Meides, are bothered that Robinson was arrested.

"I've had 10 members of the Sheriff's Office come to me independently and voice their displeasure with the case," Daigler said.

Crooks testified that Daigler never even asked for his version of events before telling him he would be arrested.

Contrary to prior reports, Crooks said he didn't try to hide from troopers before being contacted. He said he didn't even know that in his "assertive" knocking he damaged the door, and to this day, he isn't convinced that he did.

After the confrontation, he said he went to a job site in Brighton -- he's a construction manager -- and then went home and discovered he had a message from Daigler that evening. He immediately returned the call, and when he didn't get a call back after an hour, he called again.

When he spoke to Daigler, Daigler told him to meet him at the Batavia barracks. When he asked why, he said Daigler told him he was going to be arrested on a criminal mischief charge.

At that point, Crooks said, he decided he wouldn't make a statement without an attorney present.

On the advice of his attorney, he didn't pursue charges against Robinson until after the term of his ACD expired (six months).

Crooks was upset, he said, because he believed Robinson was involved in some sort of relationship with is wife.

He said he first became aware of the relationship some time around October of 2012.

He thought it had ended, but on Jan. 12, he said, his wife went to a party with their two daughters, ages 11 and 14.

His wife became drunk at the party, he testified this afternoon, and placed numerous calls to Robinson.

The girls became aware of what was going on and tried to get her to stop. That led to a physical confrontation between mother and daughters, he said.

That was what really upset him, he said, and convinced him he should talk with Robinson about not having further contact with Mrs. Crooks because of the stress it was causing for his daughters.

He testified that he didn't make any verbal threats to Robinson. That the only thing he yelled once he figured out Robinson was in fact at home Jan. 13, 2013, was "come out you coward."

He said after about two minutes, when it was clear Robinson wasn't going to come out, he decided to leave. 

He testified that as he walked down a sidewalk close to the house he caught some movement through a window and turned to look.

"There was Mr. Robinson," Crooks said. "He was holding a shotgun and he rushed right towards the window and screamed absolutely bloody murder that he was going to blow my fucking head off."

He said the barrel was only inches from the window.

"My heart stopped," Crooks said. "I've never looked down the barral of a gun that wasn't removed from a gun that closely in my life. I've been around guns my whole life. I own guns. I've owned guns since I was 19. I'm not afraid to be around guns."

Under questioning by DeCarolis, Crooks admitted that despite this mortal threat, he didn't call police.

When Finnell asked him about why he didn't call police, Crooks said he dialed 9-1-1 and had his finger on the button, but then changed his mind.

"I was exhausted," Crooks said. "I was emotionally drained. I wanted this to be over. I just wanted to go to work and do what I had to do."

In closing arguments, Finnell urged Kunego to take into the account of events provided by Crooks. He didn't fault Daigler for arresting Crooks. Since he didn't have a statement from Crooks, he could only go on the information available to him at the time of the arrest. But now, he said, Kunego has just as Medies had, Crooks' version of events. He said the case should proceed based on Crooks' account.

DeCarolis dismissed the testimony of Crooks as vindictive and self-serving.

Daigler, he said, did something very unusual -- he testified for the defense rather than the prosecution. That never happens and that should carry a lot of weight with court, he said. Daigler's testimony should weigh heavily in favor of Robinson because he has nothing to gain from his testimony.

The testimony of Crooks is another matter, however.

"His action, his tone, his disposition all show he has a very significant animus against Mr. Robinson," DeCarolis said. "It's very clear he was cop shopping. I would ask, your honor, that you evaluate his testimony in that light."

Kunego set a follow-up appearance for Nov. 19, but said he will likely issue a written decision on the motion to dismiss "in the interest of justice" before that date.

The Batavian's exclusive previous coverage:

• Alleged victim of shotgun menacing claims Bergen resident was communicating with his wife
• Attorney for Bergen man accused of pointing shotgun at person says charge should be dropped
• Dibble: Probable cause for arrest in Bergen shotgun case, now it's up to the courts
• Attorney for John Robinson asks for dismissal of charge 'in the interest of justice'

Crews are repairing the rail beds at Dublin Road, Jerico Road, Beaver Meadow Road in Bergen. The crossing have been closed this week. A supervisor on Dublin Road said today that he was trying to finish up that crossing ASAP and he expected to have all of the crossings opened by Friday.

A woman is reportedly unconscious inside a vehicle at 83 S. Lake Road, near Appletree Avenue. Bergen fire is responding along with Mercy medics.

There's a selfish reason Charle Cook got behind the idea of his company donating money to help the Byron-Bergen School District buy 1,100 tablet computers for all of the district's children: He wants potential future employees to have the technical skills to work for the Liberty Pumps of tomorrow.

But the donation is also a good deed that will benefit his and his son's alma mater and perhaps encourage other rural companies to be as generous with their local school districts.

"We felt it's important as kids progress through school that they become knowledgable and comfortable with technology," said Charlie Cook, CEO of Liberty. "It's going to be part of their future employment. To have that as a kind of leg up to students who might not have access is an advantage.

"Somewhat from a selfish standpoint," he added, "we're going to need a certain segment of those graduates, and we're interested in keeping as many kids as we can in the community."

Superintendent Casey Kosiorek said the gift was timely. The district had recently cut a staff position from its library and New York's formula for aid to district continues to disportionately favor affluent suburban districts over rural districts.

"This allows us to do something that most of the school districts in the more affluent areas of the state are able to do," Kosiorek said. "We're very thankful for that."

That was part of what motivated Liberty to seek out a way to assist the district, said Jeff Cook, who initiated the talks with the district that led to the donation.

"The reason Liberty Pumps thought the Learn Pads were a good idea was that we hear a lot about how wealthier, suburban districts seem to have advantages over poorer, more rural districts in terms of course offerings and opportunities for their students," Jeff Cook said. "We were looking for a way to help give our students an edge while minimizing the overhead burden of the district and therefore the taxpayer."

Charlie Cook didn't want to reveal the total monetary amount of the donation, but it's roughly 30 percent of the cost of the 1,100 tablets, which cost a few hundred dollars each. That donation made Byron-Bergen eligible for a technology grant from the state education department that covered the remaining 70 percent of the cost.

There will be no new local spending as a result of the program.

The tablets are known as LearnPads. They are Droid-based tablets with modifications to suit the needs of an educational institution.  

First, there are limits on how students can use them. There's access to YouTube, for example, but they can only watch teacher-approved videos. They can only visit approved Web pages. They can only download and install teacher-approved apps.

Teachers control the entire LearnPad environment according to the education needs of the class.

From a desktop computer program, teachers can customize how the LearnPads can be used, develop each day's lesson plan, then provide a QR code that can be posted to a wall. As students enter the class that day or that hour, the student scans the QR code to receive the lesson plan. As class progresses, teachers can monitor student activity to ensure they're staying on task.

However, Kosiorek stressed, LearnPads don't replace lectures and class discussions.

"This is a great tool for students and for teachers, but it doesn't replace quality education," Kosiorek said. "It's a tool, it's a supplement, an addition to a teacher's toolbox."

There are educational books available on the LearnPad and Kosiorek said the district hopes to someday replace all of its text books with tablets. That would save the district money as well as end the days of one-ton backpacks and multiple trips to lockers for students.

And yes, there are games available to students. Math games and vocabulary games, for example.

"Many students have access to video games and those games are very engaging," Kosiorek said. "There are goals that are set and you work toward those goals, so whatever we can do to provide relevance and engagement for students (we will do)."

Every student, starting this week, gets a LearnPad, from kindergarten through 12th grade. The younger students don't get a keyboard and will just use the touch screen, but starting in about third grade, keyboards will be introduced.

At younger grades, the LearnPads stay in school -- at least until the summer, when they can go with the summer reading program already installed -- while older children can bring the LearnPads home for homework once permissions slips and guideline acknowledgments are signed.

"We're very excited to be doing it," Charlie Cook said. "I've got four grandkids in the system right now and when I come to an event, which I do as often as I can, it's amazing to me to watch these kids work with the technology, even what they have currently. I think even in preschool years, they were up operating the touch screen, so this is a natural progression for them."

Jeff Cook said he hopes other business owners will look at this initiative and contact their own school administrators and ask "How can we help?".

Education, after all, is everybody's business.

"My hope is that what Liberty Pumps is doing will gain traction in the business community and others will join in on supporting our schools," Jeff Cook said. "If you are a business that is passionate about something you would be willing to help fund or support, I would suggest talking to the school administration about your idea and see if it is feasible. 

"In the case of Byron-Bergen, they did all the leg work and presented us with their vision based on our ideas. This could be anything from supporting sport programs and class offerings, to equipment for the district. Anything that could enhance a student's learning opportunity."

Photo: Casey Kosiorek, left, and Charlie Cook.

There is tire fire, reported as a "large tire fire," at 7508 Swamp Road, Bergen.

Byron Fire dispatched.

UPDATE Sunday: The resident at 7508 Swamp Road e-mailed to say the tire fire was not at this address.  

These are the latest indictments issued by the Genesee County Grand Jury.

James T. Saddler III is indicted on a charge of second-degree assault, a Class D violent felony. It is alleged that on Nov. 21 in the City of Batavia, with intent to cause physical injury to another person, he caused such injury by means of a dangerous instrument -- scalding water.

Ronnie R. Simpson is indicted on a charge of aggravated driving while ability impaired by drugs, a Class E felony. It is alleged that on March 29 in the Town of Byron Simpson drove a 2001 Chevrolet on Route 262 while his ability to do so was impaired by drugs and while a child age 15 or less was a passenger.

Kassandra R. Funk is indicted on a change of drving while intoxicated, a Class E felony. It is alleged that on May 6 in the Town of Bergen Funk drove a 2006 Pontiac on North Bergen Road while in an intoxicated condition. In count two, she is accused of aggravated drving while intoxicated, per se, as a Class E felony, for allegedly having a BAC of .18 or more at the time.