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Police Beat: DWI charged in Corfu after man reportedly drives through accident scene

By Howard B. Owens

Daniel William Tuerk, 25, of Genesee Street, Corfu, is charged with DWI and driving with a BAC of .08 or greater. Tuerk was arrested after reportedly trying to proceed through an accident scene on East Main Street, Corfu, at 12:58 a.m., Saturday.

Earl Bryan Benson, 22, of Chestnut Street, Batavia, is charged with felony DWI and refusal to submit to breath test. Benson was reportedly found asleep in a vehicle at 2 a.m., Sunday, parked at 64 S. Main St., Elba. Sgt. Brian Friday made the arrest after an investigation revealed that Benson allegedly drove drunk to that location. Benson was jailed on $1,000 bail.

name redacted, 18, of 36 Dellinger Ave., Batavia and Jordon E. Terkel, 21, of 76 E. Main St., Corfu, are charged with unlawful dealing with a child, 1st, and endangering the welfare of a child. xxx and Terkel are accused of supplying alcohol to two 15-year-olds and a 16-year-old on May 28.

Jason Warren Spencer, 25 of Church Street, Le Roy, is charged with criminal obstruction of breathing or blood circulation and harassment, 2nd. Spencer is accused of being involved in an unspecified incident alleged to have occurred early Saturday morning.

Eugeno Nunez-Gomez, 22, of Hundredmark Road, Elba, is charged with DWI, drving with a BAC of .08 or greater, failure to keep right, unregistered motor vehicle, improper/switched plates. Nunez-Gomez was stopped at 1:12 a.m., Sunday, in the area of 5800 Transit Road, Elba, by Deputy Frank Bordonaro.

James Daniel Kavanagh, 21, of North Avenue, Le Roy, is charged with assault, 3rd. Kavanagh is accused of being involved in a fight at an address on Main Road, Stafford, in which he injured another person.  

Jason Paul Schaefer, 19, of Martin Road, Clarence Center, is charged with criminal contempt, 2nd. Schaefer is accused at being at the Phish concert June 8 while another person he is barred from being near was also at the concert. Schaefer then allegedly got into a verbal altercation, allegedly violating the order of protection.

Matthew F. Vanbuskirk, 22, of 108 Myrtle St., Le Roy, is charged with DWI, driving with a BAC of .08 or greater and having non-transparent side windows. Vanbuskirk was stopped Saturday by a Le Roy Police patrol.

Lena Marie Evans, 23, of West Main Street, Batavia, is charged with criminal possession of a controlled substance, 7th. Evans was allegedly found in possession of narcotics during a check the welfare complaint at 8:32 p.m., Friday.

Ryan Christopher Riggi, 16, of Transit Road, Elba, is charged with criminal contempt, 1st. Riggi allegedly violated an order of protection after reportedly pushing a caseworker on a home visit. Riggi was jailed on $1,000 bail.

Kevin James Huston, 27, of Brooklyn Avenue, Batavia, is charged with petit larceny. Huston is accused of claiming rewards and discounts from Kmart he was not entitled to obtain.

Evan Charles Burstein, 24, of Sunset Hills Road, Reston, Va., is charged with criminal possession of a controlled substance, 7th, and unlawful possession of marijuana. Burstein was reportedly found by Darien Lake security wandering around the theme park in an intoxicated condition. Upon investigation by Deputy Chad Minuto, he was allegedly found in possession of Clonazepam tablets outside their original container and a quantity of marijuana. Burstein was jailed on $250 bail.

John Mitchell Irish, 29, of Dartmouth Street, Rochester, is charged with felony DWI. Irish was allegedly involved in a car vs. pedestrian accident on Sumner Road, Darien, at 12:26 a.m., June 9. Irish was jailed on $1,500 bail.

Jessica R. Johns, 28, of 120 Jackson St., Batavia, is charged with unauthorized use of a vehicle, 3rd. Johns is accused of taking the car of an acquaintance without permission on June 9. Johns was located on June 10 and the car was returned reportedly undamaged.

Jason Schafer, 23, of Geneseo, is accused of evading cigarette taxes. Schafer was allegedly found in possession of 2,000 untaxed cigarettes.

Phil Ricci

So...everyone was under the age of 30 and in most cases were either driving drunk or were alcohol related. Might I suggest reading as a more productive past time.

Dummies.

Jun 13, 2011, 3:37pm Permalink
George Richardson

Phil, I think they are mostly trying to find their muse. I believe there is lots of reading and writing in their futures once that happens. Right now they are trying to find themselves, some people never do. Don't drive if you are drunk. Laying on the ground with ants biting your face is a better choice. Just say no when you are fucked up. Just say no, don't do it.

Jun 13, 2011, 4:10pm Permalink
Michael T. Johnston

Just wondering....

Earl Bryan Benson was charged with felony DWI "Benson was reportedly found asleep in a vehicle at 2 a.m."

How does this constitute a DWI? It even states that they didn't catch him driving. Maybe he was being responsible and sleeping until he could drive. I must have missed when they made it so that you have to be sober to sleep in a car.

Correct me if I'm wrong but I don't see how he could get convicted of this.

Sounds like a waste of taxpayers dollars to try to prosecute someone here...

Jun 13, 2011, 5:17pm Permalink
Kyle Couchman

Hmmm Mike sorry to be obvious but perhaps the question you pose's answer is found in the rest of the clip.....

Benson was reportedly found asleep in a vehicle at 2 a.m., Sunday, parked at 64 S. Main St., Elba. Sgt. Brian Frieday made the arrest after an investigation revealed that Benson allegedly drove drunk to that location. Benson was jailed on $1,000 bail.

Seems like a valid reson for both the arrest and conviction to me, besides you specifically asked us to correct you if you were wrong so, you stand corrected.

Jun 13, 2011, 5:42pm Permalink
Mike Weaver

George, the evidence was probably simple for the police to obtain. I am sure he told them. It wasn't a direct question of course. They probably asked him how he got there and he said he drove. Then they probably asked him where he had been drinking. It is a simple deduction that will stand up in court. Pretty common tactic really.
It is why any lawyer worth their salt will tell you not to speak to the police in a situation like that.

Jun 13, 2011, 6:31pm Permalink
George Richardson

I should have been a lawyer but I lack respect for too many laws. Sorry about changing my post, but I already did, just like a lawyer would have. I hear you Mike, but it's still not right.

Jun 13, 2011, 6:38pm Permalink
Dave Olsen

I once heard that if the keys are in the ignition that constitutes intention to drive. But if they are in your pocket or in the glove department or somewhere, it's considered not an intention to drive. But, I don't really know, I heard it a long time ago, I heard from some guy in a bar and I was probably drunk. George if you were a lawyer, you'd be kinda like Hunter S. Thompson's attorney. My kind of lawyer

Jun 13, 2011, 6:58pm Permalink
Bob Rathenburgh

Dave, I too heard the same thing about the keys being in the ignition. I dont know how true it is because ive never drank and drove or drank and even had a car with me. Ive heard that from a few places though, it would be interesting to find out though.

Jun 14, 2011, 8:56am Permalink
Dave Olsen

Yeah, not an issue for me any more either, Bob. My son turned 21 last month, and my advice to him was the same as George's above:
Don't do it, period.
Call me,wake me up, I'll come get you I might be grouchy but will do it. I was no angel when young. Fortunately for him, he's a lot smarter than the old man was at 21, and sees getting drunk & stupid as a waste of his time.

Jun 14, 2011, 9:17am Permalink

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