Bergen

The picture that emerged in Genesee County Court this afternoon of Stephen Irving Stone was that of a 45-year-old man with little remorse and with little understanding that sexual abuse of children is wrong.

The only positives Judge Robert C. Noonan found in Stone was that he has no other criminal history and that by pleading guilty Feb. 24 to predatory sexual abuse he saved his victims from the torture of testifying in open court.

For those "limited reasons," Noonan said, he took a little time off the possible maximum sentence and sent Stone to prison for 20 years to life.

Stone's only words in court came after Noonan asked if he wanted to make a statement.

"No, your honor. It is in your hands, sir," said Stone, who came into court with a fully grown beard and shackled and in a jail orange jumpsuit.

The sentencing range available to Noonan was from 10 years to life to 25 years to life.

Assistant District Attorney Kevin Finnell spoke at length about Stone.

"When I read the PSI (pre-sentence investigation report), I came away with three thoughts," Finnell said. "This is a defendant who rationalizes, who minimizes and who fails to accept responsibility."

"I saw nothing," he added, "that said he expresses any kind of remorse or concern for his victims."

Defense Attorney William Harper said he had a slightly different read of the PSI, that Stone had "in his limited ability to do so" expressed remorse and that just prior to his arrest, he had come to the realization that what he was doing was wrong.

"Mr. Stone was indoctrinated into this behavior from an early age by multiple abusers," Harper said. "By his teenage years, he thought it was normal. In my last conversation with him, he told me he is full of regret."

Noonan said Stone's prior abuse was no excuse for his behavior, but noted that his own victims stand a better chance of being able to move on with their lives because Stone was caught, and they were willing to tell investigators what happened and will now benefit from more modern treatment programs.

"This case is one of the most vile set of circumstances I have had the responsibility to be involved in," Noonan said.

"It's amazing to me," he added, 'that a person could have such callous disregard for other human beings."

Noonan said the details of the crimes -- more than 100 acts over a several year period -- that Stone admitted to as "so disturbing" that he couldn't refer to the descriptions in public.

Thomas L. Hill Jr., is indicted on four counts of criminal possession of a controlled substance, 3rd. Hill is accused of possessing cocaine with the intent to sell it Oct. 8 while at 335 Bank St., Batavia, and again on Jan. 7 at 174 Ross St.,  Batavia.

Albert A. Ackerman is indicted on a charge of felony DWI. Ackerman is accused of driving drunk Nov. 6 on Route 5 in the Town of Le Roy. Ackerman is accused of a prior DWI in 2009 in Florida.

Danielle Hendrickson is indicted on a charge of criminal possession of a forged instrument, 2nd. Hendrickson is accused of possessing, with the intent to defraud, a forged check in the amount of $50 drawn on the account of a local couple.

Shawn J. Scheg is indicted on a felony count of DWI and felony driving with a BAC of .18 or greater. Scheg is accused of driving drunk Jan. 8 while on West Sweden Road, Bergen. Scheg is accused of having a prior DWI conviction in the Town of Batavia in May 2002.

A motorcycle accident with possibly serious injuries is reported at 6328 Route 19 in Bergen. Bergen Fire Department and Mercy medics are responding.

UPDATE 12:07 p.m.: Law enforcement is responding. Traffic is impacted.

UPDATE 12:10 p.m.: Fire police are called to shut down traffic on Route 19. The motorcycle is on fire.

UPDATE 12:12 p.m.: Southbound Route 19 will be shut down at Sackett Road. The accident is between Sackett and Bissell roads, by the gun club, on the bridge.

UPDATE 12:16 p.m.: A crew from Churchville is requested to fill in at the Bergen Fire Hall.

UPDATE 12:23 p.m.: The motorcycle fire is out.

UPDATE 1:36 p.m.: (Provided by Howard, who is at the scene.) This was a fatal accident. One man from Monroe County was killed. There were no other injuries. According to Sheriff's Deputy Chief Jerome Brewster, a 2006 Honda motorcycle was headed northbound on Route 19 north of the Village of Bergen when it collided with another northbound vehicle. Witnesses said the motorcyclist had been speeding. Upon impact, "the motorcycle dropped to its side and skidded quite a distance down the roadway before hitting a guard rail, ejecting the driver," Brewster said. The victim was dead by the time emergency crews arrived. The other vehicle was a full-size SUV.

UPDATE 2:20 p.m.: Authorities say the roadway will be reopened in about a half hour.

UPDATE 2:57 p.m.: Route 19 is reopened. Bergen units are back in service.

UPDATE: The driver has been identified as 26-year-old Gregory P. Healy, of 18 Keith Terrace, North Chili. Healy was riding a 2006 Honda and investigators believe he attempted to pass a 2007 Toyota SUV at a high-rate of speed in a no-passing zone.  Healy's bike struck the SUV's left rear tire. The motorcycle tipped and skidded into a guardrail over Black Creek on the highway's west edge. Healy was ejected. He was pronounced dead at the scene by Coroner Roberrt Yungfleisch.  The driver of the SUV, Denine Scott of Batavia, was not injured.  The investigation is being handled by Deputy John Baiocco, Sgt. James Meier and Sgt. William Scott of the Crash Management Team. Bergen Fire assisted at the scene.

Press release:

Approximately 700 National Grid customers in the Byron-Bergen area will experience a brief electrical service interruption on Saturday (April 14) morning to allow technicians to safely replace a vital transformer in a substation servicing that region.

Affected customers are receiving automated telephone calls from the company prior to the outage, which is scheduled from 4 to 6 a.m. on Saturday.  In addition, National Grid has notified local police and fire officials.

National Grid makes every effort to minimize both the number and length of planned service outages, and attempts to schedule events during times that will have the least impact on most customers.  Work in the Byron-Bergen station is part of the company’s commitment to provide safe and reliable service.

The brief interruption should have no lasting impact on service, but customers may wish to disconnect sensitive electronic equipment during the outage as a precaution.

Carrile L. Mahon, 37, of Townline Road, Bergen, is charged with felony DWI, failure to keep right, leaving the scene of a property damage accident and refusal to take breath test. Mahon's vehicle reportedly left the roadway and went into a field on Route 98 in Elba at 9:48 p.m., Monday. The accident was investigated by Deputy James Diehl and Sgt. Greg Walker.

Kimberly E. Stack, 34, of 3 Morton Ave., Batavia, is charged with DWI and driving with a BAC of .08 or greater. Stack was stopped on Ellicott Street at 10:32 p.m., Monday, by Officer Chris Camp after police received a report of an erratic driver.

A brush fire is reported behind 37 Gibson St. in Bergen. Bergen Fire Department is responding.

UPDATE 4:18 p.m.: The fire is out. Bergen is back in service.

Michelle Tarin Crawford, 26, of Batavia Stafford Townline Road, Batavia, is charged with DWI, driving with a BAC of .18 or greater, aggravated unlicensed operation, 1st, and failure to keep right. Crawford was charged following an investigation into a motor-vehicle accident at 12:55 a.m., March 8, on Townline Road, Byron, in which Crawford was seriously injured. Crawford remains jailed on a violation of probation charge. (Previous stories, one, two and three).

Michael Octavio Tardy, 46, of Woodside Drive, Bergen, is charged with DWI, driving with a BAC of .08 or greater, failure to stop at stop sign and moving from lane unsafely. Tardy was allegedly driving at 1:41 a.m. on Lewiston Raod, Oakfield, when his vehicle struck a curb.

Several callers have notified dispatch that a cow is loose and creating a dangerous condition for drivers. Law enforcement is looking for the animal, last spotted in the vicinity of Church and Gibson streets in the Village of Bergen, we believe.

A couple of people in a pickup tried to corral the bovine creature and got it into the truck bed but, alas, it jumped back out and subsequently refused to be re-corraled.

UPDATE 7:12 p.m.: The cow is now tied up.

This post was corrected, hopefully, correctly. It did not happen, as previously reported, in Alabama.

An abandoned car with Mexican license plates drew the attention of local law enforcement this morning, with members of the Local Drug Enforcement Task Force responding, assisted by K-9 "Pharoah."

The car was thoroughly searched by hand and by "Pharoah," and no contraband nor other signs of illegal activity were found, said Sgt. Steve Mullen.

Through conversations with the U.S. Border Patrol, investigators were able to piece together that the car was purchased in Mexico by a Canadian citizen, who drove it to the Peace Bridge crossing. Canadian Customs, however, for an unknown reason, wouldn't let the man bring the car into his native country.

The man apparently made some statement to officials that he intended to ditch the car.

The car was towed and if it's not claimed, the tow company will likely sell it for scrap in order to recover tow and storage costs.

Mason Dumbleton, 20, of Pavilion, is charged with DWI, driving with a BAC of .08 or greater, unsafe speed, unsafe lane change and unlawful possession of marijuana. Dumbleton was reportedly involved in a motor-vehicle accident on Route 20A in the Town of Perry at 10:30 p.m., Saturday. Dumbleton's vehicle reportedly left the south side of the road, struck a driveway culvert and a utility pole causing it to go airborne. The car landed on its roof. Dumbleton reportedly suffered minor injuries and was treated at the scene.

Daniel Norman Brown, 39, of Lake Street, Le Roy, is charged with criminal contempt, 2nd. Brown is accused of placing a phone call to a person he is barred from contacting. Brown was also arrested the day before, on Sunday, and charged with harassment, 2nd. Brown was accused of grabbing a woman and pushing her down.

Enoch Ronald Cole, 61, of Lake Street Road, Le Roy, is charged with harassment, 2nd. Cole allegedly punched another person in the back.

Kevin James Hodge, 28, of Valley View Drive, Batavia, is charged with petit larceny. Hodge is accused of stealing $66.21 in merchandise from Kmart.

Kathryn Ann Tordy, 45, of Sheriden Drive, Williamsville, is charged with DWI, driving with a BAC of .08 or greater, improper left turn and failure to keep right. Tordy was stopped at 12:34 a.m. Saturday on Remsen Road, Pembroke, by Deputy Kevin McCarthy.

Daniel Jay Balduf, 20, of Angling Road, Pembroke, is charged with DWI, driving with a BAC of .08 or greater and insufficient tail lamps. Balduf was stopped at 3:35 a.m. Saturday on Angling Road by Deputy Kevin McCarthy.

Danielle Marie Stevens, 35, of Ford Road, Elba, is charged with criminal trespass, 2nd. Stevens allegedly entered and remained unlawfully in a hotel room.

Jill Ann Fulater, 59, of Shepard Road, Batavia, is charged with DWI, driving left of pavement markings and improper right turn. Fulater as stopped by Deputy Kevin McCarthy at 4:20 a.m. Sunday on Route 63, Batavia, following a complaint of an erratic driver.

Timothy Ryan McJury, 24, of Madison Street, Batavia, was arrested on a bench warrant for petit larceny. McJury was arraigned in Town of Batavia Court. McJury was arrested on a city court warrant for parking violations. McJury was jailed on $1,000 bail.

A 17-year-old resident of Warboys Road, Byron, is charged with unlawful possession of marijuana, speeding (75 mph in a 55 mph zone) and driving on a junior license (state Class DJ) after 9 p.m. and driving on a DJ license with two or more passengers under age 21. The youth was stopped at 1:13 a.m. Sunday on Buffalo Road, Bergen, by Deputy Timothy Weis.

A Genesee County jury today found a home-care nurse from Bergen guilty of filing false reports with her employer, generating compensation she hadn't earned.

Michele Ann Case, 46, of 7100 N. Bergen Road, Bergen, was convicted of grand larceny in the third degree.

To be found guilty, the jury needed to be convinced beyond a reasonable doubt that Case stole at least $3,000 from her former employer.

She was accused of stealing more than $14,000 over a two-and-a-half year period.

District Attorney Lawrence Friedman, in his closing argument, said Case filed 230 false claims with her employer.

"How could she not be aware of what she was doing?" Friedman said.

Friedman said testimony and documents showed that Case claimed 69 times that she made "call outs" -- totaling more than $5,000 in extra billing to her employer -- that she did not make.

She would make "call out" claims, he said, during hours when she was already working, when she had training or when she stayed in the office late filling out paperwork.

Case was also accused of filing false mileage reports, and Friedman said the false mileage reports were wildly inflated -- one report had her driving 30 miles, he said, when the trip was only 7/10ths of a mile.

Friedman said the evidence showed that in all but her first mileage claim Case filed inflated mileage reports, for a total of 33 times.

"She didn't offer any explanation for the inflated milage claims because there aren't any," Friedman said.

William Tedford from the Public Defender's Office made the closing statement for the defense and said that Case did not receive any compensation she did not believe she was legally entitled to receive.

"What we see here is a wide discrepancy between practice and policy," Tedford said.

The problem, according to Tedford, is that how nurses actually completed their paperwork and computer reports and what they were allowed to claim wasn't necessarily in line with policy.

"The people are trying to convict my client of violating policy," Tedford said.

He used as an example a practice change allowing nurses to claim "call outs" that came after 4 p.m. rather than 4:30 p.m., but Friedman said "there is no massive change in policy."

The district attorney said that was the only item brought up in testimony about any conflict between policy and practice.

Tedford criticized the prosecution for not presenting paper copies of charts and the policy, and for not getting a search warrant for Case's computer. But Friedman said the reason there were no paper charts in evidence was because none exist. And a search warrant wasn't needed for the computer because, first, all of Case's files were downloaded daily to her employer's server and, second, the employer owned the computer, so a search warrant wasn't required.

When Det. Charles Dudek interviewed Case, Friedman said, Case admitted to financial difficulties. She said the father of her children was more than $70,000 behind in child-support payments.

"I can't make ends meet," Case reportedly told Dudek.

She also reportedly told Dudek that she took a big pay cut when she left a job in Monroe County, but as Dudek questioned her further, Friedman said, it turned out she hadn't quit her job. She hadn't successfully completed, according to Friedman, her probationary period on the job.

"She didn't take a pay cut," Friedman said. "She was unemployed when she went to work for (her former employer). It's just another example of her trying to con the detective."

Tedford also argued that if Case was filing obviously false reports, why did it take her employer two-and-a-half years to bring it to anybody's attention?

Friedman said her supervisors simply weren't on the alert for wrongdoing.

"You heard (her supervisor) testify," Friedman said. "She assumed she was honest. She said, 'she's a licensed nurse, a professional, I expected her to be honest.' "

Case remains out of jail pending sentencing at 1:30 p.m., May 22.

Grand larceny in the third degree is a Class D felony and punishable by up to seven years in state prison.

After the verdict, Case walked into the gallery and was embraced by her mother and she sobbed.

When she left, Case's mother approached a reporter and said, "If you put anything in The Batavian that's not true, I'm going to sue you. What those people (pointing to the representatives from Case's former employer) said isn't true."

Previously: RN accused of creating inflated call claims to steal more than $14,000

Saturday afternoon, I drove to SUNY Brockport to speak to a group of college students about online journalism. The drive there was overcast and snowy (windblown snow). The drive back was bright and sunny.

Here's three barn pictures from the drive home -- above, the Welch barn on North Lake Road, Bergen.

This barn is on Peachy Road, Bergen. The shot is from North Lake Road. 

White barn on Griswold Road.

A 45-year-old Bergen resident accused of being a child sex predator is facing a possible sentence of life in prision after pleading guilty this morning to a single Class A-II felony.

The minimum possible term for Stephen Irvine Stone is 10 years to life in prison, and the maximum mandatory sentence is 25 years to life.

Stone entered his guilty plea unconditionally in exchange for prosecutors not pursuing additional charges -- either those he's already been accused of, or others that might come from further investigation.

Stone was arrested on the first group of charges at the end of December, when he was accused of sodomy, 1st, rape, 1st and criminal sexual act, 1st. The charges stemmed from acts going back to 1997.

New charges were added in January when Stone was accused of predatory sexual assault against children, criminal sexual act, 1st, and criminal sexual act, 2nd.

In Genesee County Court today, Stone admitted to a sexual act with a child 13 years or younger.

As part of the plea deal, Stone agreed to provide the mother of his children with a power of attorney to sell his property for the benefit of the household.

Sentencing is set for 1:30 p.m., April 19. He remains jailed without bail pending sentencing.

A motor-vehicle accident is reported in the area of 6004 N. Lake Road, Bergen.

The vehicle is well off the road.

Unknown injuries.

A chief on scene is checking to see if extrication is needed.

Bergen Fire Department and ambulance responding.

UPDATE 11:09 a.m.: No specific word, but this doesn't sound like serious injuries, nor does it sound like extrication was required.

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Stephen I. Stone is indicted on a charge of predatory sexual assault against a child, a Class A-II felony. Stone is accused of committing a sexual act against a child of less than 13 during the summer of 2011.

Brett A. Simcick is indicted on a count of felony DWI. Simcick is accused of driving drunk Sept. 4 on Munson Street, Le Roy.

Matthew C. Higgins is indicted on a count of felony DWI. Higgins is accused of driving drunk Oct. 21 in the Town of Le Roy.

Matthew R. Klump is indicted on counts of felony DWI and driving with a BAC of .18 or greater. Klump is accused of driving drunk Oct. 8 on Clay Street and Myrtle Street, Le Roy.

Lee Uzarowski, 44, of South Lake Road, Pembroke, is charged with criminal mischief, 4th, and harassment, 2nd. Uzarowski is accused of punching a woman in the face and taking her mobile phone when she attempted to call 9-1-1. He was jailed on $1,000 bail.

Sean Allen Kota, 18, of Byron Holley Road, Byron, and a 17-year-old of Warboys Road, Bryon, are charged with petit larceny. Kota and his companion are accused of stealing beer from the Bergen Sugar Creek Store. From a separate incident, Kota is also charged with criminal mischief, 4th. At 2:47 a.m., Jan. 28, Kota allegedly drove his vehicle through a yard on West Bergen Road causing damage.