byron

Gary W. Merritt, 50, of 9570 Bernd Road, Le Roy, is charged with reckless endangerment in the first degree. Merritt allegedly fired shotgun rounds at a neighbor's house. The rounds struck a glass door while the resident was standing near the door. The alleged incident occurred Saturday at 3:15 p.m. and was investigated by Deputy James Diehl. Merritt was released under supervision of Genesee County Justice.

Darryl Stephen Johnston, 34, of 111 Copeland St., is charged with petit larceny. Johnston is accused of stealing five bottles of booze off the bar at the Pizza Pantry in Corfu. The bar was closed at that time of day on Aug. 28. Johnston was arrested at his home in Rochester on Nov. 4.

Paul S. Banach, 22, of 166 Lake Road, Avon, is charged with DWI, driving with a BAC of .08 or greater, failure to stop for a stop sign, speeding and driving left of pavement markings. Banach was stopped Saturday at 2:50 a.m. by Deputy Jason Saile on Route 262 in the Town of Byron.

Arthur W. Hale, Jr., 48, of Foxe Harrow Drive, Rochester, is charged with DWI, driving with a BAC of .08 or greater, and driving left of pavement markings. Hale was allegedly observed crossing a double yellow line once, and a dotted yellow line twice on Route 33 in Stafford by Sgt. Greg Walker at 2:03 a.m. on Saturday. The officer stopped Hale and determined that he was allegedly driving drunk. Hale was also cited for failure to keep right and refusing to take breath test.

David M. Jackson, 32, of Bethany, is charged with harassment and endangering the welfare of a child. Jackson was arrested by State Police at 6:10 p.m. on Saturday. No further details available.

The back apartment in a three-unit complex at 6296 W. Main St. (Route 262) in Byron was completely gutted by a late night fire.

The fire was reported just before 10 p.m. and the cause remains under investigation, according to Tim Yaeger, Genesee County emergency management coordinator.

There are no reported injuries at this time, either to residents or firefighters.

As many as eight or nine people were in the back apartment when the fire started.

The fire was under control by 10:38 p.m., Yaeger said.

Red Cross Director Judith Nagel lives next door to the fire and was already providing relief in her home to a woman and her 17-year-old son. She was ready to provide assistance, she said, to the other residents, but they seemed to have dispersed. She indicated a number of people lived in the building.

"We saw smoke and heard people yelling," Nagel said. "This is my house. We looked out, saw smoke and came out to start assisting.

"The only time I've been able to respond quicker," she said, "was when it was in this place." She was pointing to the house on the other side of her home.

UPDATE: This morning, fire officials are saying the fire may have been caused by a spark from a bonfire in the backyard of the residence. When I was at the fire last night, I was taken into the backyard to take pictures, and there was clearly a bonfire still burning. The bonfire was about 40 yards from the house. The fire caused an estimated $75,000 in damage.

The fire was first discovered in a hallway leading to the back apartment.

Departments responding to the fire: Byron, South Byron, Bergen, Stafford, Bethany, Clarendon, Elba, Oakfield, Town and City of Batavia.

Byron and South Byron Fire have been dispatched to an apartment fire at Route 262, west of Route 237.

A first responder reports the building is across from the Presbyterian Church and is fully engulfed.

The initial caller was reported out of breath and talking excitedly.

All residents are reportedly out of the building.

The fire is now in a second alarm with Elba and Town of Batavia FAST teams responding, Stafford on standby.

UPDATE 10:02 p.m.: There are a number of residents out of the building.

UPDATE 10:09 p.m.: Town of Batavia FAST team is being reassigned to a task at the fire and City of Batavia FAST team is being brought in.  

UPDATE 10:19 p.m.: The Red Cross is responding to the scene. It has been ordered that the roof of the apartment building be opened up. A team of four firefighters is inside the building.

UPDATE 10:26 p.m.: For at least five minutes, water has been pumped into the fire scene. Just heavy smoke at this point. The roof has been opened up to the attic and firefighters are still working on the second story.

UPDATE 10:30 p.m.: All available units from Elba have been requested.

UPDATE 10:40 p.m.: Presumably, the Red Cross is the entity seeking to provide refreshments to the onlooking apartment dwellers.

UPDATE 10:47: All power has been cut off at the apartment building. One person at the apartment building reportedly can provide an eyewitness account of what happened, but the fire personnel will need an interpreter to communicate with him.

UPDATE 10:51: A code enforcement officer has been called to the scene. The eyewitness subject is being transported to a fire station to be interviewed.

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Byron Fire is responding to the smell of natural gas at 7232 Byron-Holley Road.

A first responder reports the strong smell of natural gas in the area and another fire official asked for dispatch to contact RG&E. "We've been here numerous times," he said.

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A 16-year-old girl from South Byron has been charged with disorderly conduct. She is accused of yelling obscenities from her front yard after being asked repeatedly to stop. She was jailed on $250 bail.

Tyler J. Henderson, 20, of Batavia, is charged with unlawful possession of alcohol by a person under 21. Henderson was ticketed by State Police on Sumner Road in Darien.

A 16-year-old from Alexander is charged with trespass. The boy was arrested by State Police in East Bethany.

Kyle Christopher Monroe, 20, of 4036 W. Main St. Road, Batavia, is charged with criminal possession of stolen property in the 4th degree and criminal possession of stolen property in the 5th degree. Deputy Sanfratello stopped Monroe for allegedly operating his car without headlights on Route 63 in front of Tops Market at 12:30 a.m. on Oct. 24. The vehicle was a 1997 Dodge Caravan, which had been reported stolen in the City of Batavia on Oct. 21. The license plates were reportedly stolen from another vehicle parked at GCC on Oct. 22. Monroe was jailed on $5,000 bail. He was also charged with unlicensed operation, switched plates, unregistered motor vehicle, uninspected motor vehicle and operating without insurance.

Matthew Ryan Smith, 18, of 1705 Lewiston Road, Alabama, is charged with unlawful dealing with a child. Smith is accused of hosting an underage drinking party on Oct. 12 at his residence. He was arrested at 12:04 a.m. today.

A 16-year-old from Byron has been charged with unlawful possession of marijuana. She was arrested after a K-9 alert on her car while it was on Byron-Bergen High School property during a narcotic sniff sweep of the western parking lot. The arrest was made by K-9 Deputy Brian Thompson.

A bull is loose in Byron. Reportedly, two people have been injured. Ambulances have been dispatched and Mercy Flight is on stand by. We don't have an exact location yet.

UPDATE (10:19 a.m.): A landing zone is being set up for Mercy Flight at 6369 Cole Road. That's between Byron Holley and Mud City roads.

A man is reported to be injured with a head laceration and broken ribs. He is conscious and alert.

UPDATE (10:29 a.m.)(Billie Owens): Mercy Flight out of Batavia has landed at the southwest corner of the property.

UPDATE (10:37 a.m.)(Billie Owens): One man is being taken via Mercy Flight to Strong Memorial Hospital in Rochester. Another is being taken there in an ambulance.

The landowner is reported to have given the men permission to enter the property to cut wood prior to the accident. There were 15 to 20 cows grazing at the time, but the landowner did not know a bull was in there, too.

UPDATE (10:50 a.m.)(Howard Owens): Contrary to the initial reports, the bull did not escape. He stayed within his fenced field throughout the incident.

If elected, he will not serve.

Byron Town Supervisor Tom Felton announced at a recent Town Board meeting that even though he's a candidate for another two-year term as supervisor, he's decided he's done with town politics.

"Over the last few weeks, there have been a series of events that have discouraged me greatly with this position," Felton said in a statement he wanted read into the record of the meeting minutes.  "In order to combat the negativity of a handful of individuals in the Town, I will need to spend considerably more time defending the half truths and misinformation that this group has the time to spread in the community."

Fellow board member John Ivison said that he didn't want to speak for Felton -- who was not available for comment this morning -- but among the issues that have come up recently is some people in town are saying there's a move afoot to consolidate with Byron and Elba.

Ivison said two board members from each of the towns have met three times in 2008 to share information about how the towns operate. Topics have included how to deal with snow plows, infrastructure, planning and budgeting.

The meetings, he said, were purely information sharing and not designed to start a discussion about consolidation.

"It's been blown out of proportion by a few people," Ivison said.

The big issue, as Ivison sees it, is that this kind of small-town politics is what keeps talented and capable people from serving on town boards.

Felton, a bank vice president, was picked to fill a vacancy on the town board three years ago. Then, when the Supervisor position became vacant mid-term, he was appointed to that position.

In his statement, Felton said he wasn't an eager candidate for another two-year term from the beginning.

"Earlier this year, I met with the Republican committee and hesitantly agreed to fill another two-year term, if and only if they could not find anyone else qualified for the position," Felton said. "After our meeting, I was endorsed by this group. Since that time another individual has expressed his interest in the position, and as you know, both he and I will be on the ballot in November. "

If Felton wins the race, he said, the board will have to appoint a replacement. He will not serve as supervisor in 2010, he said. Rather than deal with the politics of the position, Felton said he would rather spend more time with his family and on his career.

Full statement after the jump:

I would like to enter these comments for the record.

My priorities are and will remain to be family first, profession second, and community third. Three years ago, I was elected to fill a vacancy on the Town Board, after a year and 9 months I was appointed to fill the vacant position of Town Supervisor. These terms both end 12/31/09. Earlier this year, I met with the Republican committee and hesitantly agreed to fill another two-year term, if and only if they could not find anyone else qualified for the position. After our meeting, I was endorsed by this group. Since that time another individual has expressed his interest in the position, and as you know, both he and I will be on the ballot in November. 

Over the last few weeks, there have been a series of events that have discouraged me greatly with this position, and in order to combat the negativity of a handful of individuals in the Town, I will need to spend considerably more time defending the half truths and misinformation that this group has the time to spread in the community.

In addition to my full-time employment, I have spent 10-20 hours/wk in my capacity as Supervisor (mostly evenings and weekends), and with the assistance of this Board, we were able to make some positive change for the Town. There is a tremendous amount of work that still needs to happen in order to improve this Town. With that said, I wish to inform the public that I will complete my term through 12/31/09 but I will not be your Supervisor in 2010. I plan to spend more time with the two things in my life that bring me great joy and satisfaction — my family and my profession. If the community votes for me, it will be up to the Board to appoint a person to this leadership position, as it is too late to remove my name from the ballot.

I wish you all well and thank you for allowing me to serve you.

Those who pay close attention to the arrest reports on The Batavian will recognize the name Nicholas Jacob Ridge Adkins, 18, of 6954 Swamp Road, Byron.

Adkins has made two previous appearances in our crime reports. First in July when he was accused of burglary for entering a neighbor's house and allegedly stealing stuff, and again in August when he was arrested along with four other young men and charged with criminal mischief for allegedly causing $3,500 in damage to a rental property.

He was scheduled to appear in court today for a sentencing.  I don't know what happened in court. I couldn't make it because of prior appointments.

I do know that Adkins was arrested again last night for allegedly taking the vehicle of another person without permission.

Adkins was arrested by Investigator Weis and Sgt. Brian Frieday. No further details of the case are available.

Press Release:

After researching financial aspects, location possibilities and public support, the Byron Bergen Public Library Board (BBPL) has concluded that absorbing full financial responsibilities for the library location at the Gillam Grant Community Center is not viable given current level of funding. The library location in the Village of Bergen will continue to remain open.

At the beginning of the year the Gillam Grant Community Center approached the BBPL Board indicating that they would no longer be able to host the library at their location without financial support from the BBPL. The Gillam Grant Community Center had provided staffing and space for the library to operate in their location. With expected cutbacks in county and local funding the BBPL is not able to take over these expenses. 

After review of public input and discussions with local funders, the BBPL will focus efforts on the Bergen village location to provide programmatic outreach to community members. For more information about the Byron Bergen Public Library, visit www.bbplibrary.wordpress.com.

Wet pavement is most likely to blame for a one-motorcycle accident that took the life of a Byron man late Saturday afternoon.

Kevin P. Stearns, 29, of 7862 Byron Road, Byron, was pronounced dead at the scene by County Coroner Jack Taylor at 5:55 p.m..

Stearns was reportedly driving his 1995 Honda motorcycle eastbound on the Thruway near mile marker 402, just east of Exit 48-A in Pembroke, when he moved from the passing lane to the right to pass another vehicle. The bike reportedly skidded out of control and hit a guard rail.

Neither speed nor alcohol were a factor, according to a State Police spokesman, who described the roadway as slick with rain at the time.

The accident occurred at 4:50 p.m.. No other vehicles were directly involved.

Joseph Kyle Loveland, 26, of 665 Niagara Falls Blvd., Amherst, is charged with harassment. Loveland allegedly punched another person in the face while at Chestnut Ridge Country Club in Darien at about 6:30 p.m. on Saturday. The victim was reportedly treated at the scene and declined transportation to a hospital. Loveland was issued an appearance ticket. The incident was investigated by Sgt. Greg Walker.

Pamela A. Loughridge, 41, of 5630 Buffalo Road, Apt. 5, Churchville, is charged with DWI, aggravated DWI with a BAC of .08 or greater, aggravated unlicensed operation of a vehicle and moving from the lane unsafely. Loughridge was stopped at 6:04 p.m. yesterday by Deputy Chad Minuto on Route 237 in Byron.

Justin J. Jaszko, 30, of 8087 Kelsey Road, Batavia, is charged with criminal trespass. Jaszko allegedly entered the residence of his child's mother in Oakfield and refused to leave. The alleged incident occurred Friday morning at 8:45. Deputy Christopher Parker handled the call.

Ann M. Burgler, 49, of 6592 Royal Parkway, Lockport, is charged with DWI, DWI with a BAC of .08 or greater and failure to keep right. Burgler was stopped by Deputy Kevin McCarthy on Route 5 in Pembroke at 2:54 p.m. on Saturday.

Adam M. Gaylord, 29, of Byron, is charged with DWI, operating a vehicle with a BAC of .08 or greater and criminal possession of a weapon. Gaylord was stopped by State Police on Chapel Road in Elba at 10:50 p.m. on Friday.

Stephen L. Nichols, 33, of New York City, is charged with DWI and DWI with a BAC of .08 or greater. Nichols was stopped by State Police in Pavilion at Route 63 and Route 20 at 2:50 a.m. on Saturday.

A motorcyclist who apparently lost control of his bike on Swamp Road in Byron last Wednesday has died as a result of injuries sustained in the accident.

Thomas Legler, 49, of North Byron Road, Elba, died at Strong Memorial Hospital.

Legler was reportedly wearing a helmet, but it was not a Department of Transportation-approved safety helmet.

Deputies investigating the accident concluded that speed was a factor, but there is no evidence Legler was drinking prior to the accident.

An Elba man is in critical condition at Strong Memorial Hospital following a single-vehicle motorcycle accident on Swamp Road in Byron this afternoon.

Thomas M. Legler, 49, was reportedly not wearing a DOT-approved helmet when he apparently lost control of his bike around 3:34 p.m..

The initial investigation indicates that Legler was westbound on Swamp Road when he failed to navigate a sharp turn in the roadway. His 2003 Harley Davidson crossed the double-yellow line and then skidded on its side, exiting the roadway on the south shoulder. Legler was ejected from the motorcycle.

There were no passengers.

Speed is believed to be the primary factor in the accident. Alcohol is not considered a factor.

Legler was transported to Strong via Mercy Flight.

The investigation is ongoing and being handled by Deputy Butler, Sgt. Walker and Sgt. Scott of the Genesee County Sheriff's Office Crash Management Team.

A motorcyclist has crashed on Swamp Road in Byron. He has reportedly suffered a head injury. First responder report is that he is semi-conscious.

Mercy EMS and Byron and South Byron fire departments are responding.

Mercy Flight has been dispatched.

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There are four primary elections in Genesee County today.

There are Republican primaries in Byron and Pembroke for town board seats.

In Darien, there's a three-way Democratic primary for two town board seats.

In Stafford, the Conservative Party will pick a candidate for Highway Superintendent.

Polls are open until 9 p.m.