byron

A 2005 Chevy pickup truck taken by the Genesee County Sheriff's Office as part of the plea deal of a confessed meth dealer will be sold as surplus equipment.

The truck requires at least $2,500 in repairs making it unsuitable for the Sheriff's Office use.

The Public Service Committee today approved a resolution authorizing sale of the truck, but not without some questioning by committee Chairman Ray Cianfrini about why the truck was considered Sheriff's Office property in the first place. He thought it would be county property.

Undersheriff William Sheron explained that under state and federal drug seizure rules, property taken as the fruits of drug dealing must be used for law enforcement purposes. So placing the title of the vehicle under a law enforcement agency's name helps provide proof the vehicle isn't being used for other purposes.

Any proceeds from the sale of the truck will go to the county treasurer, but can only be spent on law enforcement purposes.

Both Le Roy Police and Batavia Police, as members of the Local Drug Enforcement Task Force, share in the proceeds of drug seizures, Sheron said, but typically, the funds are used for equipment or other task force costs.

While the money can't be spent on anything other than a law enforcement purpose, any expenditure must be approved by the Genesee County Legislature.

The truck seizure was part of a plea agreement for Matthew Zon, who entered a guilty plea July 26 to criminal possession of a controlled substance, 2nd. Zon was sentenced to three years in prison and forfeiture of his truck.

While local law enforcement has been involved in a few drug property seizures over the years, the largest may have been in about 1988, Sheron said, when a drug dealer's house in Batavia was taken. The eventual sale of the house netted local law enforcement about $150,000.

Sheron also noted that the forfeiture law has changed a lot over the years.

"They've definitely raised the bar," Sheron said. "It used to be if you found a roach in a car, the car could be taken. That's all changed now. It takes a case of trafficking."

A photo of a barn on Caswell Road in Byron taken about 3 p.m., Tuesday.

A dog, described as a retriever, is in the water at Trestle Park, off Terry Street, Byron.

Byron fire is being dispatched to rescue the dog.

UPDATE 3:26 p.m.: The dog is out of the water. Fire response canceled.

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I went for a drive late this afternoon and came home with really only one decent picture. This is Moon over Walkers Corner Road.

Troy D. Hubler, 41, of 7634 Byron Holley Road, South Byron, is charged with aggravated harassment, 2nd, and criminal contempt, 2nd. Hubler was located in Orleans County by the Sheriff's Office in Orleans County and turned over to Batavia PD on a warrant out of city court. The warrant stemmed from an alleged Oct. 3 incident in which Hubler reportedly made telephone contact with a person protected by a court order. The order of protection was issued by Batavia Family Court.

Andrew Ziemba Perdock, 24, of Holland Avenue, Batavia, is charged with petit larceny. Perdock is accused of shoplifting from Kmart.

James E. Murray, 23, of 1 Cone St., Batavia, is charged with two counts of criminal contempt, 2nd, unlawful imprisonment, 1st, strangulation, 2nd, and endangering the welfare of a child. Murray was arrested following the investigation into a domestic incident reported at 4:45 a.m., Monday. Murray was not on scene when police arrived at the alleged incident location. He turned himself in at Batavia PD headquarters at 2 p.m., Monday. He was jailed on $5,000 bail.

Lawrence D. Williams, 51, of 148 Hutchins St., Batavia, is charged with falsely reporting an incident. Williams is accused of calling the dispatch center at 10:46 p.m., Monday, and reporting a "gunfight" at a city address. Williams allegedly knew the information was false. Williams was jailed on $1,500 bail.

Sean P. Case, 34, of 50 S. Main St., Batavia, is charged with disorderly conduct. Case was arrested following a report at 11:38 p.m., Monday, of a person on South Main Street near the Oak Street Extension yelling obscenities. Case was identified by witnesses.

Roger Lee Ballard, 18, of Liberty Street, Castile, and a 16-year-old of Route 362, Bliss, are charged with petit larceny. Ballard and the youth are accused of going into Kmart and taking several pieces of an Xbox gaming system out of their packages and concealing them in their pants and walking out of the store without paying for the items.

Aaron M. Zastrocky, 27, of 6870 Byron Holley Road, Byron, is charged with falsely reporting an incident, 3rd, and making a punishable false written statement. Zastrocky is accused of falsely reporting a vehicle stolen. Zastrocky allegedly signed a written statement reporting the vehicle stolen. Allegedly, the statement was false.

Daniel L. Russell, 36, of 152 S. Main St., Batavia, is charged with DWI and driving with a BAC of .18 or greater. Russell was stopped at 2:09 a.m., Sunday, on West Main Street, Batavia, by Officer Marc Lawrence.

Rachel A. Fromwiller, 27, of 164 Main St., upper, Akron, is charged with throwing refuse on a public highway (littering), DWI and refusal to take a breath test. Fromwiller was arrested after Officer Kevin DeFelice received a complaint of a woman in a car at Wilson Farms on Pearl Street who may need assistance. Following an investigation, Officer DeFelice made the arrest.

Zachary J. Rusin, 18, of Route 237, Holley, died Sunday as the result of injuries he sustained in an accident early Sunday morning when a golf cart he was riding in on Route 237, Byron, was struck by a car from behind.

The golf cart, driven by Cortney L. Greene, 18, of North Byron Road, Byron, had no lights and was described as slow moving by Sheriff's investigators.

Rusin was taken to Strong Memorial Hospital via Mercy Flight where he died later Sunday.

The accident remains under investigation and Greene faces possible criminal charges.

Previously: Passenger in golf cart on Route 237, Byron, at night seriously injured

An 18-year-old Holley resident was seriously injured early Saturday morning when the unlit, slow-moving golf cart he was riding in on Route 237 in Byron was struck by a car.

The driver of the cart, Cortney L. Greene, 18, of North Byron Road, Byron, faces possible alcohol-related charges.

Taken by Mercy Flight to Strong, where he's listed in guarded condition, was Zachary J. Rusin, 18, of Route 237, Holley. 

Rusin suffered head trauma and internal injuries.

Greene also suffered a head injury and was taken by Mercy EMS to Strong, where she's listed in stable condition.

The driver of the automobile, Emmaleigh R. Odom, 19, of Starr Road, Pavilion, was not injured.

Odom was reportedly driving a 1999 Chevrolet Monte Carlo northbound on Route 237 at 12:07 a.m. Her car crested a hill and struck the rear of the unlit golf cart.

Both Greene and Rusin were ejected from the cart, which then crossed both lanes of Route 237 and struck a parked car.

The accident is being investigated by Deputy Howard Carlson, Deputy John Weis and Investigator Timothy Weis.

The Sheriff's Office was assisted at the scene by Mercy EMS, Mercy Flight and the Byron and South Byron volunteer fire departments.

(Initial report)

A serious injury accident is reported on Route 237 in Byron at Warboys Road. Byron and South Byron fire departments are called along with Mercy medics. Mercy Flight 5 out of Batavia is called and is to land behind the Byron Fire Hall.

One patient is critically injured, according to a responder on scene, and another requires a basic-life support Mercy response. Traffic is to be shut down near the accident scene.

UPDATE 12:21 a.m.: "Have everybody ready. We're gonna hot load 'em," says an emergency responder. The critically injured person has a serious head injury.

UPDATE 12:29 a.m.: "Wind is negligible on the ground," reports a responder at the scene. Mercy Flight then landed.

UPDATE 12:37 a.m.: Mercy medics are en route with one patient to Strong Memorial Hospital in Rochester.

UPDATE 12:41 a.m.: A responder asks for information about a vehicle on scene, saying "I might have a parent down here." The reply: "Go to our talk-around channel." (Readers FYI: We do not report license plate codes, nor drivers' license codes off the scanner in accident situations.)

UPDATE 12:53 p.m.: Mercy Flight is airborne and also headed to Strong.

UPDATE 1:01 a.m.: South Byron Fire Department is back in service.

Kurt Hamilton Hawkins Jr., 18, of State Street, Batavia, is charged with assault, 2nd. Hawkins, an inmate at the Genesee County Jail, is accused of assaulting another inmate at 4:26 p.m., Thursday. The alleged victim was treated at ECMC where he was held overnight for observation.

Sandra Louis Chilano, 51, of Dodgeson Road, Alexander, is charged with petit larceny. Chilano is accused of stealing $100 while employed at Alexander Deli as a clerk.

Ryan Christopher Riggi, 16, of Ridge Road, Lyndonville, was arrested on a warrant issued by Batavia City Drug Court. Riggi was jailed on $100,000 bail.

Samual Christopher Dilcher, 28, of Lewiston Road, Oakfield, is charged with harassment, 2nd. Dilcher was arrested following a complaint of harassment at 2:10 a.m., Sunday on Park Road in Batavia.

Samual Christopher Dilcher, 28, of Lewiston Road, Oakfield, is charged with criminal mischief 4th. Dilcher is accused of smashing the driver-side window out of a pickup truck during an argument at a location on Park Road, Batavia. He is is also charged with trespass. Dilcher was allegedly involved in an incident Nov. 20 in the Batavia Downs parking lot. Upon further investigation Deputy Joseph Graff came to believe that Dilcher had been previously banned from Batavia Downs property.

Christopher Jordan Rhodes, 41, of Transit Road, Wyoming, is charged with DWI, aggravated DWI and failure to keep right. Rhodes was stopped at 2:01 a.m., Sunday, on Lewiston Road, Batavia, by Sgt. Brian Frieday.

Zachary Michael Rebert, 20, of South Pearl Street, Oakfield, is charged with unauthorized use of a motor vehicle, 2nd, and harassment, 2nd. Rebert is accused of getting into a domestic dispute with a woman, pushing her several times and then taking her car without her consent. Rebert was jailed on $5,000 bail.

John Edward Bird, 70, of Barrville Road, Elba, is charged with DWI, driving with a BAC of .08 or greater, failure to stop at a stop sign, moving from lane unsafely and driving left of pavement markings. Bird was stopped at 9:43 P.M., Saturday, on Chapel Road, Byron, by Deputy Jason Saile.

Somewhere eastbound on Route 262, heading toward Byron, is a green van being chased by a guy in a car and Sheriff's deputies. A tire reportedly went flat on the van but it's still continuing on. The occupant(s) are wanted for questioning in a suspicious condition complaint.

The caller came either to her house or business and found the van parked there. When approached, the occupant(s) fled and dispatch was called. The caller tried to block in the van, the vehicles collided, and the van took off.

The caller gave chase. At some point, the caller lost sight of the van, which was also being pursued by her son in another vehicle.

Didn't catch address of original complaint.

UPDATE 2:43 p.m.: The van is an Astro van, light blue, registered to a Batavia driver. It will have rear driver's side damage from the earlier collision. The flat tire shredded and is now completely off. It is was last seen heading at a high rate of speed toward Orleans County, north on Transit Road toward the mucklands.

UPDATE 2:51 p.m.: The van is still barreling along, now northbound, last seen on Oak Orchard Road. The complaint was taken from a resident of Old Ford Road in Elba.

UPDATE 2:54 p.m.: Orleans' deputies have the driver in custody at the junction of old Route 98 and new Route 98.

UPDATE 3:19 p.m.: An officer checking the van says it appears the driver had a passenger and he asks for clarification from the complainant, who recalls seeing only the driver.

Robert L. Williams, 21, of 112 State St., Batavia, is charged with assault, 3rd, and disorderly conduct. Williams was arrested on a warrant. He is accused of punching another person onOct. 22, which resulted in the alleged victim suffering a fractured nose. Williams was jailed on $1,000 bail.

Tanyka N. Blanding, 33, of 7 Madera Drive, Rochester, is charged with DWI and criminal possession of a weapon, 4th. Blanding was arrested by Le Roy Police in the early morning on Sunday. Blanding was stopped after the car she was driving allegedly almost collided with a police car on Lake Street. At the time of her stop, she was allegedly found in possession of brass knuckles. Blanding was jailed on $2,000 bail.

Dustin J. Good, 24, of 2937 Merle Road, Attica, is charged with criminal possession of a controlled substance, operating a motor vehicle while impaired by drugs, aggravated unlicensed operation, 3rd, and possession of a hypodermic instrument. Good was stopped at 11:12 p.m., Friday, on North Lyon Street, Batavia, by Officer Matthew Fleming.

Kenneth M. Gray Jr., 24, of 77 Myrtle St., is charged with leaving the scene of a property damage accident, failure to keep right, operating in violation of restriction and inadequate tires. Gray is accused of hitting a street sign and a parked car on Hutchins Street near Ellicott Street. Gray was stopped some time later on South Main Street by Officer Darryle Streeter. Gray was arrested without incident. The investigation was handled by Officer Jason Ivison.

Jeffrey Matthew Kaczmarek, 42, of Alleghany Road, Alexander, is charged with DWI, driving with a BAC of .08 or greater, felony aggravated unlicensed operation, 1st, driving left of pavement markings in no-passing zone and violation of conditional license. Kaczmarek was stopped at 11:23 p.m., Saturday, on Attica Road by Deputy Jason Saile.

Steven Michael John Kaczmarek, 25, of Gilhooly Road, Alexander, is charged with DWI and driving with a BAC of .08 or greater. Kaczmarek was arrested at 4:03 a.m., Friday, after deputies were called to an address on Gilhooly Road to investigate the report of a domestic incident. 

William Thomas Foley, 19, of Main Road, Stafford, and Kristian Nicole Elderbroom, 19, of Marlton Circle, Liverpool, are both charged with unlawfully dealing with a child, 1st. Foley and Elderbroom are accused of hosting an underage drinking party Nov. 13 at a location on Main Road in Stafford.

Ryan D. Wilson, 19, of Alexander Road, Attica, and Jay W. Schafer, 19, of Broadway Road, Darien, are charged with harassment, 2nd. Wilson and Schafer are accused of punching another person while at College Village at 2:42 a.m., Sunday.

Jesse Lee Harner, 25, of Country Route 41, Friendship, is charged with violation of a child-support order. Harner was turned over to the Sheriff's Office after being arrested by Cuba Police officers on a warrant out of family court.

Jered Michael Brown, 23, of North Baxter Street, Sutton, W. Va., is charged with DWI, driving with a BAC of .08 or greater and failure to keep right. Brown was stopped at 1:57 a.m., Friday, on Route 5 in Pembroke by Deputy Kevin McCarthy.

Mercedes Anne Marchese, 20, of Indian Falls Road, Corfu, is charged with false written statement. Marchese is accused of making a false written statement to the Sheriff's Office on Nov. 6.

Dajuandrick A. Gardner, 16, of Byron Holley Road, Byron, is charged with criminal obstruction of breathing and endangering the welfare of a child. Gardner is accused of choking a 15-year-old boy in the Town of Bergen at 7:40 a.m., Oct. 3.

A Le Roy elementary school principal is among the three finalists vying to become superintendent of the Byron-Bergen Central School District.

The school district announced the three finalists -- from a field of eight candidates -- who will go through a series of meetings, tours and interviews at the school this week.

The finalists are Edmund "Casey" Kosiorek, elementary principal in Le Roy; David J. Glover, superintendent, Morristown Central School District; and, Michael J. Davis, elementary principal, Webster Central School District.

In all, 27 people applied for the job.

The school board anticipates making an appointment by mid-November.

An Oakfield man already accused of other thefts is facing new burglary and larceny charges following an investigation by Sheriff's investigators into a recent series of crimes in the Oakfield and Elba area.

Benjamin W. Muntz, 22, of 6966 Knowlesville Road, Basom, is being charged with burglary, 3rd, grand larceny, 3rd, and petit larceny.

Muntz is already being held in the Genesee County Jail on a third-degree burglary charge.

Investigators suspect Muntz of stealing an ATV, a dune buggy and a dirt bike from a residence in the Town of Oakfield between June 20 and June 26. The value of the three vehicles is reportedly more than $2,500.

He's also suspected of stealing a large quantity of tractor weights from a location in Elba between Aug. 1 and Sept. 7 with a total value of more than $8,000.

Muntz is also suspected of stealing tractor weights from outside a building in Alabama around Sept. 1 with a value of about $500.

The ATV, dune buggy and dirt bike have been recovered, officials report, but they believe the tractor weights were sold for scrap metal.

In early September, Muntz was arrested and accused of entering a barn in Alabama and stealing a small child's dirt bike. He's also been accused of trespassing and attempting to steal items from a property in Byron.

On the two new felony charges, Muntz was ordered held without bail.

The following indictments were issued last week by the Genesee County Grand Jury.

Rodney A. Barber is charged with one count of criminal possession of a controlled substance, 3rd, a Class B felony, after he was allegedly found on March 17 to possess the narcotic cocaine with the intent to sell it. The location was 3967 W. Main St. in the Town of Batavia. He is also charged with one count of criminal possession of a controlled subtance, 4th, for allegedly knowingly and unlawfully possessing one or more preparations, compounds, mixtures or substances containing cocaine which had an aggregate weight of an eighth of an ounce or more.

Mark C. Gregori is charged with criminal possession of a controlled substance, 3rd, a Class B felony, after he was allegedly found on Nov. 3, 2010 in the Town of Elba in possession of the narcotic cocaine with the intent to sell it.

Michael B. Pfaff is charged with one count of driving while intoxicated, a Class E felony, after he was allegedly found driving a 2008 Suburu on Myrtle Street in Le Roy on April 17 while intoxicated. He is also charged with one count of driving while intoxicated with a BAC of .08 or greater, a Class E felony.

Thomas J. Torres is charged with one count of driving while intoxicated, a Class D felony, after he was allegedly found driving a 2004 Chevrolet on Route 237 in Stafford while intoxicated on April 23. He is also charged with one count of aggravated driving while intoxicated, also a Class D felony, for allegedly having a BAC of .18 or greater.

Jamie L. Broadbent is charged with criminal possession of stolen property, a Class E felony, for allegedly knowingly possessing stolen property with the intention of benefitting herself or a person other than the owner. She was allegedly found in possession of a public benefit card belonging to someone else while in the City of Batavia on May 9.

Chester L. Sherman II is charged with one count of driving a 1998 Chevy pickup truck while intoxicated and one count of driving with a BAC of .08 or greater. The charges stem from his arrest April 20 on Route 262 in Byron.

Jonathan J. Langenfeld is charged with one count of burglary in the first degree, a Class B violent felony, after he allegedly entered private property on Ellicott Street Road in Pavilion on April 17 with the intent to cause, then actually causing, physical injury to a person who was not a participant in the crime. He is also charged with burglary, 2nd, a Class C violent felony, for allegedly entering private property with the intent to commit a crime. And he is charged with assault, 2nd, a Class D violent felony, for allegedly intending to seriously injure a person and then causing serious injury to that person.

Stephanie A. Wixson, 34, of 335 Bank St., Apt. A6, Batavia, is charged with criminal possession of a controlled substance, 7th. Wixson was allegedly found in possession of crack cocaine by Officer Dan Coffey during a traffic stop on Pearl Street at 8:53 p.m., Friday.

Eslie J. Worthington III, 21, of 6657 Cole Road, Byron, is charged with disorderly conduct. Worthington is accused of shouting obscenities while outside a residence on Dellinger Avenue, Batavia.

John W. Hackett, 32, of 5697 W. Main St. Road, Batavia, is charged with felony counts of DWI, driving with a BAC of .08 or greater and aggravated unlicensed operation. Hacket was stopped at 2:03 a.m. Saturday on Cedar Street by Officer Eric Bolles.

Katherine Lynn Ogden, 28, of State Street, Medina, is charged with unlawful possession of a noxious matter. Ogden was charged after allegedly using pepper spray at a smoke shop on Bloomingdale Road, Basom. Ogden was reportedly involved in a verbal dispute over a mobile phone.

Victoria Hollie Gilbert, 39, of Shepard Road, Batavia, is charged with two counts of endangering the welfare of a child. Gilbert allegedly allowed her two children, ages 6 and 8, to return home from school and be at home unsupervised.

Vincente Antonio Torres, 20, of Willowen Drive, Rochester, was turned over to the Sheriff's Office by Irondequoit police on a bench warrant stemming from a DWI charge. Torres was jailed on $500 bail.

Byron-based Oxbo is merging with a Dutch company to help both companies better reach a burgeoning international market, but not much will change locally, according to a story in the Democrat & Chronicle.

Oxbo, which manufactures harvesting equipment, will continue to sell its own products under its own brand and employ at least the same number of people locally.

The Dutch firm, Netherlands-based Ploeger, also manufactures harvesting equipment.

The new firm will be headed by Oxbo President Gary Stich, VP of Sales Andy Talbott and two Ploeger executives.

Oxbo has facilities in Byron, Wisconsin and Washington, employing 500 people, and currently about 75 percent of its sales is in the United States.

Kayla M. Tyoe, 22, of Market Street, Attica, is charged with driving while ability impaired by drugs, parking on pavement/roadway and no seat belt. Deputy Ron Meides was dispatched at 8:35 a.m., Monday, to a complaint of a car parked in the middle of Colby Road, Darien. Upon arrival, Meides reportedly found Tyoe sleeping in the driver's seat. A male was sleeping in the passenger seat, according to Meides. It was determined, Meides said, that Tyoe was "driving under the influence of some type of drug."

Benjamin Wiliam Muntz, 22, of Knowlesville Road, Alabama, is charged with attempted petit larceny and trespass. Muntz is accused of being on property in Byron without permission and attempting to steal items from the property.

Michael Abdullah Jamil, 27, of School Road, Byron, is charged with criminal contempt, 2nd. Jamil is accused of violating an order of protection by allowing his girlfriend and son to stay at his residence. Jamil was jailed on $500 bail.

Randy K. Wilmet, 34, of 75 Franklin St., Batavia, is charged with criminal mischief, 4th, and obstructing governmental administration, 2nd. Wilmet is accused of damaging property inside the apartment of another person. Wilmet was arraigned in Batavia City Court, where he allegedly refused to comply with police officers' orders and had to be physically removed from the court and restrained. Wilmet was jailed on $3,000 bail.

Martin F. Jones, 40, no permanent address, is charged with four counts of petit larceny. Jones was arrested on a warrant. He is accused of stealing beer from an Ellicott Street business on four separate occasions. Each incident was reportedly recorded by surveillance cameras. Jones was jailed on $1,000 bail.

Twenty-four-year-old Tricia Tundo will serve five years probation, avoiding a possible one-and-a-half year jail sentence after pleading guilty in July to the unlawful disposal of the precursor materials to methamphetamine.

Tundo appeared before Genesee County Court Judge Robert Noonan this morning, visibly pregnant and much less gaunt than in previous court appearances. Defense attorney Tom Williams spoke on Tundo's behalf, saying she has attended counseling and passed multiple drug tests since she was released from custody following the meth bust at her South Byron home in April.

"I know nothing of the effects of this drug on the body, but I can tell you that Ms. Tundo's appearance has changed dramatically since I first met her at Wyoming County Correctional Facility several months ago," Williams said. "She appears in good spirits...she's no longer looking so sickly and thin."

Williams also made note to Judge Noonan that Tundo is expecting her first child in the second week of November.

Noonan maintained that Tundo "has not fully acknowledged an awareness of the drug activity that surrounded her." But he noted that this is Tundo's first criminal offense, and spared her the jail time. Tundo's driver's license will also be suspended.

Meanwhile, a check of county court records revealed today that Matthew Zon is two weeks into his prison sentence for his role in the South Byron meth lab. Zon was sentenced on Sept. 13 to three years in prison, followed by five years probation. As part of his plea deal, Zon forfeited ownership of a 2005 Chevrolet pickup truck.

Zon and Tundo were stopped in that truck on April 14, and were charged after they tried to ditch some methamphetamine materials on the side of the road.

Charles Durkee provided photos from Saturday's training for the Byron and South Byron fire departments. Here's what he said about it:

On Saturday between the hours of 8 a.m. and noon, the Byron Fire Department hosted live fire training for their members and members of South Byron. The training was also held for members of the rescue squad as the firemen acted out burn injuries and frost injuries from the liquid propane. The training was very intense and and made the firemen realize that it's a lot harder to move in safely on a big ball of flames and try to shut down the system.