corfu

Monroe County Water Authority is shutting off water tonight to at least a portion of the Village of Corfu in order to repair a water main break in the area of 14 E. Main St.

The break was reported at 11:40 p.m. by a Corfu PD officer and a passing motorist.

Tentatively, the work is expected to be completed by early morning.

An oven fire is reported at 2683 County Line Road in Darien. The residents used a fire extinguisher on the blaze but it's unknown if that was effective. They were advised to leave the residence. Darien fire, with mutual aid from Corfu, is responding.

UPDATE 4:41 p.m.: A responder on scene reports nothing is showing (outside). The address is just north of Sumner Road. The residents are in the back yard. The house "is charged with fire (inside)" and the fireman says it looks "like a cake boiled over." The other unit responding is proceeding in non-emergency mode. They're going to check things out with a thermal-imaging camera.

UPDATE 4:53 p.m.: It was burnt food. All units back in service.

UPDATED Saturday at 12:48 p.m. with the names of the suspects and clarified/corrected information from the Sheriff's Office.

A federal helicopter passing over Genesee County this evening just happened to spot what looked like marijuana plants growing in a field off Angling Road in Corfu, and following an alleged frenzied attempt to hide or destroy the crop three people were taken into custody.

The three suspects are being charged with felony counts of criminal possession of marijuana 3rd and tampering with physical evidence as well as a misdemeanor charge of unlawful growing of cannabis.

Taken into custody were James P. Cox, 49, of 2109 Angling Road, Corfu, Jessica D. Cox, 22, of Benedict Street, Perry, and Beau T. Bressler, 25, of Benedict Street, Perry.

Sheriff's dispatchers received a call from a Homeland Security helicopter piloted by U.S. Border Patrol Agents just before 8:30 p.m. saying that the agents had spotted a suspected marijuana field at 2109 Angling Road, Corfu.

"The border patrol was not actively working with us or actively looking for marijuana," said Sgt. Steve Mullen, of the Sheriff's Office. "They just happened to be flying over the area on their way back to their base."

Immediately after the initial call, the agents informed dispatchers that an individual had run from the field into a residence at that address. At least four people immediately left the residence.

Two people reportedly jumped into a white sedan.

The other three people were allegedly spotted pulling up marijuana plants from the ground and carrying them into the house, into a barn, into a cornfield and into a red SUV parked at the house.

The red SUV was reported to leave the scene and was subsequently stopped by a trooper on Angling Road.

"We had communication with the helicopter through the inter-county system and the helicopter was able to tell us what was going on play-by-play and give us a description of the vehicles as they were leaving," Mullen said.

"(They were able to) observe it (the suspected marijuana) being placed in vehicles and observe it being destroyed or tampered with by throwing it into the cornfield in the hope that we wouldn’t subsequently see it or find it."

Several suspected marijuana plants, with their roots still attached and dusted with dirt, were found inside the vehicle (top photo with Sgt. Greg Walker and Deputy James Diehl, who is also the driver in the photo below).

Mullen said all suspected marijuana plants had been pulled from the ground by the three people allegedly involved in the incident. A total of 32 marijuana plants were recorved, according to the Sheriff's Office.

Two individuals who reportedly left in a white sedan told law enforcement that they left the scene when the suspects started to pull up the plants because they weren't involved and didn't want to be involved in what was going on. Neither of those people were arrested.

The residence at 2109 Angling Road is owned, according to the county's online database, by James P. Cox.

Mullen said one of the inviduals arrested was a resident of the property and the other two people were visiting at the time the suspected pot plants were discovered.

"After noticing the helicopter they decided to help (the suspected grower), or so they thought, remove or destroy the evidence."

A 41-year-old Corfu resident who rolled a sedan in a single-vehicle accident on Wilkinson Road on Sunday evening is in guarded condition at Strong Memorial Hospital this morning.

Raymond Pfalzer, a resident of Brown Road, reportedly suffered a serious head injury in the accident and was transported to Strong by Mercy Flight.

The accident was reported at 8:20 p.m.

Pfalzer was reportedly southbound on Wilkinson Road and failed to negotiate a turn onto Brown Road. His 1976 Chevy two-door sedan began to fishtail and the car went off the west shoulder, striking a utility pole and making a complete rotation before coming to rest on its wheels.

Charges may be pending against Pfalzer.

According to protocol at Strong Memorial Hospital, when a patient is listed in guarded condition it means he's in the intensive care unit.

The accident was investigated by Deputy James Diehl.

East Pembroke Fire Department and Mercy EMS assisted at the scene.

(Initial Report)

View Larger Map

The wheels of justice can sometimes turn slowly, especially, it seems, when it comes to investigating the operations of judicial departments.

Sometime earlier this year, the state's Judicial Review Commission opened an investigation into alleged financial irregularities in the Village of Corfu Court.

The months-long process, according to documents obtained by The Batavian through a FOIL request, has village officials wondering when they might be able to file an insurance claim and get reimbursed for money they suspect was stolen from the court.

The allegations of missing funds first came to light with the release of an audit by the state comptroller's office that found at least $30,000 in alleged irregularities in the amount of fines collected, bail money received and reports filed with state agencies.

The village has attempted to file a claim for at least $10,000 with its insurance carrier, but the carrier demands further documentation before it will review the claim.

Internal emails obtain through the FOIL request reveal a degree of frustration and concern among village officials over the lengthy process to settle the matter.

The State Police, according to village officials, are unwilling to launch their own investigation until the Judicial Review Commission completes its work for fear of hampering that investigation.

According to village Attorney Mark Boylan, the commission is a deliberative body that works slowly and takes its time to check and weigh every fact.

An email within the FOIL package indicates that the commission has requested and received "a lot of paperwork."

That's probably the same kind of paperwork needed by the insurance carrier.

"The insured does need to present documentation that would prove they sustained a loss from employee dishonesty for coverage to be provided," wrote Julie Diehl, a property specialist for Glatfelter Claims Management of York, Pa., in a letter to Boylan. "This does require a high level of documentation and each transaction claimed must be shown to us."

The village must also prove that the bonded employee converted the money for personal financial gain.

"The narrative of the audit report ... does not speak to employee dishonesty rather to poor record keeping and a cash shortage due to that poor record keeping. So it is even more important to present the financial records, receipts, bank statements and cashbook entries and other documentation available to show the clerk diverted the monies to obtain personal gain."

Boylan responded and told Diehl "The Village Justice maintains all of his own books and records ... and the village does not have access to those records at this time."

Until the investigation by the commission is completed, and possibly until the State Police complete an investigation, those records probably cannot be turned over to the insurance company.

Glatfelter originally demanded it receive the records by June 6, but the village has been granted a 60-day extension and may apply for further extensions every 60 days as necessary, according to the documents.

For the period covered by the comptroller's audit, Brandi Watts, the daughter of Village of Corfu Justice Robert Alexander, was working as Alexander's clerk. 

Watts was eventually dismissed by the village board after discovering under state law Watts was too close of a relation to Alexander to be working for him and an appeal by Alexander to the state was denied.

According to the FOIL'd documents, District Attorney Lawrence Friedman plans to seek the appointment a special prosecutor (or special district attorney to handle the case).

In an interview this week, Friedman declined to discuss the specific case, but explained that whenever his office might have a conflict of interest -- in this case, working closely with an arm of the judicial branch -- Friedman can petition Judge Robert Noonan to appoint a special district attorney.

The DA is usually selected from one of the surrounding counties.

Because there have been no criminal charges filed in this case, no such request has been sent to Noonan, Friedman said.

The documents received by The Batavian indicate a good deal of ongoing conflict between Alexander and the village board. Officials are concerned the situation is disrupting the normal operations of the court, which is another reason they're eager to get the situation resolved.

"We need to ensure that justice is being served and people’s cases are being heard and the job is being performed," Boylan said.

A bus and a van collided at the intersection of routes 77 and 33. One person on the bus has a minor injury. Corfu Fire Department and Mercy medics are responding. Law enforcement is on scene.

UPDATE 11:21 a.m.: Two units from Niagara Frontier Transportation Association are responding to take a report, as per protocol in this accident involving a bus.

UPDATE 11:44 a.m.: The Corfu assigment is back in service. The patient is being transported to Sisters of Charity Hospital in Buffalo.

UPDATE 11:56 a.m.: The Dodge van needs to be towed.

Earl Edward Vattes, 38, of Jefferson Street, Wellsville, is charged with unlawful fleeing a police officer, 3rd. Vattes was taken into custody on an arrest warrant stemming from an alleged pursuit of a motorcyclist by local law enforcement Aug. 4. Vattes is accused of failure to stop for a police officer who attempted to initiate a traffic stop for an alleged traffic violation in the City of Batavia. The motorcycle operator was pursued into the Town of Bathany where Vattes is alleged to have dumped the bike and fled into a cornfield on foot. A search of the area was unsuccessful in locating the suspect and the Sheriff's Office believes Vattes has been identified as the operator of the motorcycle.

Nichole M. McKerrow, 27, of 227 Ross St., Batavia, is charged with DWI, two counts of aggravated DWI (Leandra's Law, for allegedly driving drunk with children in the car), aggravated unlicensed operation, 2nd, and refusal to take breath test. McKerrow is accused of being involved in a minor motor-vehicle accident. When Sgt. John Peck and Officer Kevin DeFelice arrived on scene, McKerrow was allegedly found passed out in the car. Two children, ages 3 and 5, were also allegedly in the vehicle. McKerrow was jailed on $2,500 bail.

Garth P. Hubbard, 21, of Kibbe Wilcos Road, Pitcher, is charged with public lewdness. Hubbard is accused of urinating in public at Darien Lake Theme Park.

Bernadine Doris Peet, 40, of Town Pump Circle, Rochester, is charged with DWI and speeding. Peet was allegedly caught on radar driving 56 mph in a 35 mph zone in the Village of Corfu at 10:51 p.m., Monday, by Deputy Patrick Reeves.  Peet was jailed on $2,000 bail.

Jason Michael Wagner, 33, of Alden Road, Carnegie, Pa., is charged with DWI, driving with a BAC of .08 or greater and failure obey police officer. Wagner allegedly attempted to drive around Sheriff's patrols that were directing traffic at the intersection of Route 77 and Sumner Road, Darien, at 11:29 p.m., Tuesday. Wagner was released on $200 pre-arranged bail.

A roll-off metal scrap bin is on fire at Eddy Arnold Scrap Processors, Inc., located at 2216 Angling Road in Corfu. East Pembroke Fire Department is responding. The bin is next to the office.

UPDATE 5:53 p.m.: The fire is out. They are checking for hot spots.

UPDATE 6:05 p.m.: East Pembroke is back in service.

Ashley R. Keene, 24, of 244 Liberty St., Batavia, is charged with endangering the welfare of a child. Keene is accused of providing bath salts to a juvenile to snort.

Chad E. Merle, 31, of 3225 Broadway Road, Alexander, is charged criminal contempt, 1st. Merle is accused of sending multiple text messages to a person protected from contact by a court order.

Jamie E. Andrews, 19, of 15 School St., Batavia, is charged with harassment,1st. Andrews is accused of continually following around her ex-boyfriend and driving by his house repeatedly for no legitimate purpose. Andrews was previously arrested by Batavia PD for allegedly harassing her ex-boyfriend.

Valerie Marie Covill, 23, of Oaklawn Drive, Rochester, is charged with DWI, driving with a BAC of .08 or greater, failure to keep right and unlawful possession of marijuana. Covill was charged following a one-vehicle accident at 12:014 a.m., June 28, at 3064 Galloway Road, Batavia. The accident was investigated by Deputy James Diehl and Deputy Matthew Fleming.

Peter James Przybyl, 19, of Peachy Road, Bergen, is charged with DWI, driving with a BAC of .08 or greater and unreasonable speed on a curve. Przybyl was arrested following a motor-vehicle accident at 3:10 a.m., Saturday, on Route 19, Bergen. The accident was investigated by Deputy Frank Bordonaro.

Kelly Elizabeth Howard, 19, of Judge Road, Oakfield, is charged with two counts of petit larceny. Howard was allegedly observed by loss prevention at Target shoplifting June 8 and July 16. Howard allegedly stole merchandise worth $64.60.

Quentin Israel Humphrey, 20, of East Bethany Road, Le Roy, is charged with unlawful dealing with a child. Humphrey is accused of hosting an underage drinking party.

Justin Baehr, 21, of Linwood Road, Le Roy, is charged with DWI and unlawful possession of marijuana. Baehr was observed early Sunday morning allegedly driving erratically, swerving in and out of his lane on West Main Street, Village of Le Roy, and operating with a loud exhaust. During the traffic stop, officers allegedly found marijuana, marijuana paraphernalia and other apparent drug paraphernalia. Additional drug charges possible pending the outcome of lab tests.

Michael Perdue, 49, of West Broad Street, Rochester, and Jeffrey L. Hayes, 47, of Meadow Circle, Avon, are charged with criminal possession of a controlled substance, 7th, and aggravated unlicensed operation, 2nd. Perdue was allegedly operating a vehicle at 4:46 p.m., Sunday, on Route 237 in Byron. Perdue was stopped for allegedly speeding. An ID check revealed Perdue allegedly has 13 prior suspensions on his driving record. Hayes was allegedly found in possession of a crack pipe with residue. Perdue was stopped by Deputy Brad Mazur, who was assisted at the scene by Deputy Chad Minuto.

Matthew James Pietrzykowski, 19, of Bethany Center Road, East Bethany, is charged with DWI, driving with a BAC of .08 or greater and moving from lane unsafely. Pietrzykowski was taken into custody following a report of a vehicle in a dith at 1:15 a.m., Sunday, in the area of 3630 Broadway, Alexander. The accident was investigated by Deputy Kevin McCarthy.

With two dissents in a NYS Supreme Court ruling upholding the murder conviction of Scott F. Doll, one of Doll's attorneys said in the wake of the ruling that the defense will request that the NYS Court of Appeals review the case.

Timothy P. Murphy, of the Buffalo firm Lipstiz, Scime, Cambria, said the ruling expands the so-called "emergency doctrine" beyond what previous courts ruled.

"We're obviously disappointed with the results," Murphy said. "But there were two dissenting votes, so we will be an appeal with the Court of Appeals in Albany."

On a 3-2 vote, the justices found that statements made by Doll to the deputies and investigators he spoke to Feb. 16, 2009 were admissible as evidence against Doll.

The statements in question were made before the body of Joseph Benaquist, 66, was found bludgeoned on the driveway of his Pembroke home.

The court also ruled that statements Doll made to a friend in the presence of an investigator were also admissible.

The two dissenting justices disagreed with the majority on the use of the "emergency doctrine" regarding statements made before the murder was discovered, but agreed that the Doll's statements to a friend back at the Sheriff's Office were admissible.

The emergency doctrine allows police officers to detain and question a person when they believe the life of a person or persons may be in jeopardy. In an emergency situation, where lives may be at stake, police are not required to read a person his rights.

The majority's opinion upheld every aspect of the prosecution's case that was appealed, including the investigative work of the Sheriff's Office.

"We think (Doll) was properly convicted and the proof was there," Sheriff Gary Maha said. "They (deputies and investigators) did a great job. They were very thorough. It was a job well done by our people to make sure they covered all the bases."

Maha said he never had a doubt that his staff handled the case appropriately and that the court would back up his department.

"They're well trained," Maha said. They know that their jobs for those type of situations. They were following the law. I know the defense wants to put doubt in the jurors' minds. That’s their job, but our officers did their job and followed the law correctly."

District Attorney Lawrence Friedman said he was also pleased, but not surprised by the ruling.

"We were expecting this result based on the attitude expressed by the judges at the appellant division when the case was argued," Friedman said.

While Friedman praised the work of the entire Sheriff's Office staff on the case, he singled out Deputy James Diehl for exceptional work.

Diehl had only recently started working for the Sheriff's Office in February 2009 when he was dispatched to investigate a suspicious individual ducking behind cars at an old gas station at Main Road and Lake Road in Pembroke.

After arriving on scene, he encountered Doll, who immediately dropped what later turned out to be a car jack and he had a lug wrench in a pocket.

As Diehl interviewed Doll, he notice Doll had fresh blood on his jumpsuit, his hands and his face.

When questioned, Doll said he was butchering deer. 

Diehl was immediately suspicious of Doll's story and when a witness approached and identified Doll as the suspicious subject seen at the gas station, Diehl cuffed Doll and told him he was being detained until things could be sorted out.

"From the start, Deputy James Diehl did an excellent job of perceiving a suspicious situation and following up on it," Friedman said. "From our perspective, he did everything right. If he didn't follow through on it, we might never had made our case."

It was Diehl's actions, along with Deputy Patrick Reeves, who was second on scene, that came under scrutiny in the appeal by the defense team, however.

The defense contends that Doll should have been given a Miranda warning ("You have the right to remain silent, etc.") and when he asked for an attorney, all questioning of Doll should have stopped until an attorney was present.

Friedman argued that the preponderance of evidence available to deputies was that a person or persons had been seriously hurt. The amount of blood on Doll, and his inconsistent story about butchering deer and then going to see a friend and being involved in a car transaction, gave the deputies reason to believe a person or persons may be in serious trouble and that Doll had been in close proximity to whatever it was that caused a person or persons to bleed profusely.

The majority of the Fourth Judicial Department judges agreed with Friedman.

"... the deputies did not violate the defendant's right to counsel or his Miranda rights under the unique circumstances of the case," wrote the majority in their opinion. "The amount of blood present on the defendant's face, hands, clothing and van, and on the ground, along with bloody gloves on top of a nearby car, indicated that one or more persons had been grievously injured and that the defendant had been in close contact with the person or persons."

The court also found that given Doll's inconsistent statements to deputies, "they were justified in concluding that one or more persons had been injured and were in need of assistance or rescue."

The dissenting judges argued that the deputies did not have enough information to conclude there was a human victim and found that Doll's statement that he had been butchering deer was plausible.

Defense attorney Murphy said that in his initial ruling at trial in May 2010, Judge Robert C. Noonan expanded the scope of the emergency doctrine and though the Fourth Department upheld Noonan, Murphy believes the proper scope of the emergency doctrine can be reestablished in the Court of Appeals.

Both majority and dissent judges agreed that a friend who visited with Doll in the presence of Investigator Kris Kautz was not working in collusion with police and therefore Doll's statements could be used against him at trial.

The court also rejected a defense argument that Doll's van was seized without a probable cause and that the prosecution properly obtained business records of Doll's.

Doll is currently serving 15 years to life for the murder of Benaquist at the Sullivan Correctional Facility in Fallsburg.

For all of our previous coverage of the Scott Doll case, click here.

By a vote of 3-2, the NYS Supreme Court has upheld the murder conviction of Scott F. Doll, convicted May 20, 2010 of killing Joseph Benaquist, 66, on Feb. 16, 2009.

The majority found that Doll's Constitutional rights were not compromised by Sheriff's deputies and investigators who responded to Lake Road, Pembroke, after Doll was found wandering the area in a blood-splattered jumpsuit.

UPDATE: Full Story

On my way back to Batavia, after being in Darien this morning, and before being rerouted by Billie out to Alabama for the cornfield fire, I stopped along Ellinwood Road, Corfu, to take pictures of this field of yellow flowers.

Before that, I took pictures of trains at the Colby Road crossing.

Students, faculty, staff and friends at Pembroke Intermediate School raised more than $10,000 this morning in a "Bald for Bucks" program for cancer research.

The young son of one of Pembroke's fourth-grade teachers, Jill Bojarski, has been diagnosed with cancer.

Funds will be donated to the Roswell Park Cancer Institute.

Above, Joyce Saleman, the child's grandmother, has her head shaved by Darlene Curtis. Saleman became quite emotional when the amount of money raised was announced and she spoke to the children, thanking them for their generosity and caring.

A woman who was bit by a dog Thursday on Snipery Road in Corfu was shopping at a yard sale, according to Trooper Steven Brady, who investigated the incident.

After selecting some items for purchase, Suzanne R. Balduf, of Alleghany Road, Corfu, went to the front door at 9352 Snipery Road, Corfu, and knocked.

The dog barked and bounded toward the door.  Brady said it isn't clear how the door opened. The dog may have hit the latch or the door may have just popped open when he jumped against it.

Balduf sustained dog bites on her arm and leg.

After Brady took the initial report, the case was turned over to Animal Control. 

As is routine, the dog is being quarantined for 10 days, but Deputy Chief Gordon Dibble said the dog, owned by Susan M. Waldmiller, is up-to-date on its shots and had all of its tags.

There were no citations issued.

Billie J. McMurty-Rivera, 27, of 863 North St., Rochester, is charged with assault, 2nd, aggravated unlicensed operation, and open container in a motor vehicle. A vehicle later found to be operated by McMurty-Rivera was reportedly observed in the parking lot of a closed business in Le Roy early Sunday morning by Le Roy PD. Upon investigation, McMurty-Rivera officers discovered an alleged domestic incident involving McMurty-Rivera and his female passenger. McMurty-Rivera was jailed on $20,000 bail.

Morgan L. Cox Jr., 20, of 14 Vine St., Batavia, is charged with obstructing governmental administration, 2nd. Cox was arrested during an investigation into a domestic incident.

Shawn C. Bulow, 41, of Corfu, is charged with felony DWI, driving with a BAC of .08 or greater, failure to notify DMV of address change, aggravated unlicensed operation, moving from lane unsafely and speeding. Bulow was stopped at 8:55 p.m. Sunday in the Town of Newstead by State Police.

A woman is sitting roadside on Snipery Road and bleeding severely after being attacked by a dog, which is now inside a house. Corfu Fire Department and law enforcement are on scene. Medics are responding. She has bites on her arms and legs. The location is north of the railroad tracks by the bend.

UPDATE 7:23 p.m.: The woman is being transported by ambulance to UMMC for treatment of her wounds.

UPDATE 7:24 p.m.: Corfu is back in service.

UPDATE 7:41 p.m.: The medic informs emergency room staff that the woman is 40 years old and has lacerations on her right thigh, hip and forearm.

A car and motorcycle collided at the intersection of routes 77 and 33. The motorcyclist is still in the roadway. Corfu Fire Department and two Mercy medic units are responding.

UPDATE 7:58 p.m.: A Mercy ambulance is transporting one patient to Erie County Medical Center.

UPDATE 8:07 p.m.: A second patient is transported to ECMC. Three people at the scene were sign-offs. Corfu is back in service.