A motor-vehicle accident with injuries and blocking traffic is reported in Darien at 1632 Broadway Road (Route 20), east of Route 77. It's in front of Triple-C Truck and Gas Corp. Darien fire and ambulance are responding.
UPDATE 2:17 p.m. (by Howard): Traffic is tied up, reduced to one lane of travel, and so the tow truck is having a difficult time getting to the scene.
More than two years have passed since the Darien Town Board conducted informational meetings on a proposed Water District No. 6, a multimillion dollar project that would supply public water to about two-thirds of the town’s population at a yearly cost of around $1,300 per household.
Not much has happened to move this plan closer to its logical conclusion – yes or no – until Dec. 17, 2018 when the board passed a “permissive resolution” intended to set up a ballot vote, Town Supervisor David Hagelberger said this afternoon.
“We held a public hearing on that date and afterwards, the town board voted for the permissive referendum in an effort to get a decision, either ‘yes’ you want it or ‘no’ you don’t,” Hagelberger said. “We’re (the board) not opposed to an election. Whatever the community wants (is what we want). We need to resolve this and this is a way to do it.”
As a matter of background, the town board proposed the water district to the 2,095 town residents who currently have well water. The annual cost for each household was set at $1,275 – and it remains at that level – with $914 going toward the project’s debt distribution and $361 for water supply, operations and maintenance costs.
While the price per family did not increase, the total project price tag has gone up (due to interest rate and construction cost increases) from $24.8 million to $25.25 million, and the amount of a USDA grant being sought has risen from $6.8 million to $10.82 million, Hagelberger said.
Additionally, residents were informed that costs of the initial connection, such as meter charges, account setup fees, service lines to the residence, and well abandonment and/or separation fees, would be at least $2,000.
Following the fall 2016 informational meetings, petitions were circulated to gauge town residents’ feelings on the issue, and about 400 signatures in support of the project were received. But things weren’t moving fast enough, Hagelberger said, and he and the town board “feared that this opportunity could be lost as costs continue to rise.”
That’s where the permissive referendum that calls for the creation of the water district comes in.
“The law allows us to pass this measure to force an election,” Hagelberger said, noting that another petition containing at least 100 signatures or 5 percent of residents in the water district, whatever is lower, would be needed to counteract the board’s vote and force a by-the-people election.
Hagelberger said that has been achieved – a petition of 406 signatures was turned into the Town Office on Jan. 15 – and an election must be conducted within 60 to 75 days.
“One hitch that has arisen is that we (town board) may have to pass the referendum again due to a technicality, so the window may be reset,” he said. “So, the election likely will be in March or April. We want to get this done as soon as possible.”
The fact that the project is being put to a vote sits well with Tinkham Road resident Fred Kochmanski, who was part of a small coalition of town residents who are against it but, more importantly, wanted the public to have the chance to have a direct input.
“We should have an opportunity for the people to vote; that’s the American way,” Kochmanski said.
He said that although he currently gets water through the municipality of Akron (and is happy with it), he would be forced to change providers if the vote is in favor of Water District No. 6.
“We’ve been told that there are 17 people having issues of water shortages, but there are 800 parcels in the (proposed) district,” he said. “It’s a case of the tail wagging the dog.”
Hagelberger said he remains neutral, but fears that if the measure is defeated, the town may be “left out” of getting water in the future.
“If you’ve noticed, a lot of municipalities have been getting public water lately, so we’re not sure what’s going to happen down the road with Genesee County,” he said. “The board believes this is in the best interest of the community but realizes that maybe not for each individual resident.”
Should residents vote in favor of the project, it would take about three years for construction to be complete.
Notice
Town of Darien Republican Committee is excepting letters of intent for the following endorsements:
All interested parties should submit letters of interest to: Town of Darien Republican Committee, Jeffery F. Phelps, Chairman, P.O. Box 295, Alexander NY 14005 no later than Feb. 15, or email to tdarienrc@gmail.com
An evidentiary hearing that grew testy at times was held in Genesee County Court this afternoon in the case of Jennifer L. Serrano.
The 48-year-old who lives on Charles Street in Irving is charged with second-degree vehicular manslaughter in the death of 18-year-old Connor Lynskey and leaving the scene of a personal injury accident. She remains in jail on $100,000 bail or $200,000 bond.
It is alleged that in the early morning hours of Aug. 11 that an intoxicated Serrano struck and killed Lynskey, of Hinckley, on Sumner Road in Darien but didn't stop to help or call the police. Lynskey was reported missing that night after the Jason Aldean concert and officers patrolled the area, including Sumner Road, but nobody saw Lynskey or any evidence of an accident.
The next morning, Deputy Richard Schildwaster, checking Sumner Road, found debris in the roadway and when he got out of his vehicle and looked around, he found Lynskey's body in a ditch.
How Serrano first came to the attention of Sheriff's Deputy Robert Henning was part of the testimony given at what is known as a Huntley hearing to determine what will be admitted into evidence. It is believed that Henning encountered Serrano after the fatal hit-and-run had occurred.
Under questioning from District Attorney Lawrence Friedman, Henning said at 12:56 a.m. he was traveling northbound on Route 77 heading to the county jail with a male who had just been arraigned in Darien Town Court on a criminal mischief charge.
Henning said he noticed a white Jeep Wrangler backing out of a residential driveway and it was stationary on the eastside of the roadway.
Under questioning from one of two defense lawyers present, Henning later noted that when he spotted the Jeep he was traveling 55 to 60 miles an hour in a 55-mph zone. Traffic was moderate that evening, he said, due to the concert ending at Darien Lake Performing Arts Center not long before.
If Serrano's vehicle had stayed on the shoulder, he said he would have driven past her. But suddenly the Jeep pulled onto northbound 77 right in front of the deputy's vehicle and Henning said he had no reason to anticipate the Jeep's action and did not slow down.
Instead, he slammed on his brakes to avoid a collision and swerved into the southbound lane of 77, where "fortunately, no cars were coming."
Defense Attorney Frank LoTiempo asked if the soon-to-be-inmate in the backseat of the patrol vehicle was injured in the violent slamming on of brakes and if injuries were reported. Henning said he recalls some part of the arrestee "moving forward and some contact was made" with the divider between the front and rear seats, but no injuries were sustained, thus none reported.
"Were there skid marks?" LoTiempo asked.
"I didn't look," Henning said.
Upon further questioning, Henning noted that he took no pictures at the scene and could not recall which driveway the Jeep had backed out of.
LoTiempo asked that the name of the male in Young's custody at the time be determined and provided to the defense in case they decide to interview him about what he saw or heard.
Next, Henning said he turned on his emergency lights and pulled behind the Jeep, which pulled over after a couple hundred feet and stopped.
He said he approached the driver, whom he identified in court as Serrano, who sat in beige pants and an orange hoodie, shackled, at the defense table, her dark hair up in a coarse braid, reading glasses propped on her head. Serrano smiled a couple of times at three family members in the gallery; she largely seemed dazed during the hearing.
Henning said she had trooper stickers on her windows and he asked her about them, and she replied that some members of her family were retired from law enforcement.
The reason she was pulled over -- pulling out suddenly into traffic -- would have been simply a traffic violation -- moving from lane unsafely -- until Henning suspected Serrano was impaired. He said Serrano told him she was returning from the Silver Lake area and he observed she had bloodshot, glassy eyes, slurred speach and he detected the strong odor of alcohol on her breath.
He asked her to exit the vehicle and when she did she "misjudged the depth of the ground" and got off balance, but used the door to steady herself and was able to "stagger" to the rear of the vehicle by using it to "keep from swaying back and forth" while he talked with her.
Henning testified that he activated his body camera when he approached Serrano and that footage would also show Deputy Jenna Ferrando.
LoTiempo asked the deputy if he had the body cam on the entire time during his shift. Henning replied that he always had it on his person just not always on, but that it may have been on while he was at Darien Lake.
"She seemed fidgety, uncomfortable and nervous," Henning told Friedman.
"Did you ask her if she had something to drink?" Friedman asked.
"She said she had earlier in the day, then she said she had none," Henning said.
Once Henning knew Serrano was not going to be getting back into the Jeep to drive, a half hour to 40 minutes after encountering the defendant, her Miranda rights (to have an attorney, to not answer questions, etc.) were not read, Henning testified under questioning from LoTiempo. Yet the defense attorney said one of two DVDs entered into evidence today will show that Serrano says she asserts her right to say nothing and still the deputy talks with her about a Breathalyzer test.
LoTiempo said a "7-10-30" notice was filled out but nothing was noted about the deputy asking her about drinking.
Next up to testify was Deputy Ryan Young, who spoke about his assignment Aug. 12 -- to take two deputies to the Buffalo Airport so they could travel for training then go to 23 Opal Court in Amherst. That's where the defendant's sister Mary Brillhart lives. He was to make sure Serrano's Jeep, which was parked in the garage, stayed in the garage.
Young said he got there about 4:30 a.m. and waited three hours until Sheriff's Investigator Christopher Parker got there with a search warrant.
At about 7:25, Young, Investigator Parker and two officers from the Amherst Police Department converged at the property. Young said he approached the "man door" on the side of the garage, saw Serrano inside the garage and activated his body cam; he asked her to open the door, whereupon she opened the overhead garage door. Young said he saw that the damage to the Jeep was consistent with the damage specified in the hit-and-run report.
Parker, according to Young, asked Serrano if she knew why law enforcement was there.
"I imagine you found my (suicide) note at my house," Serrano replied.
After Serrano was arrested her Miranda rights were read to her.
Young testified that she subsequently asked him to retrieve reading glasses from the house for her and flip-flops from the Jeep, and when he got the latter, he found a bottle of clonazapam in plain view. Young drove her silently on a 40-minute ride to the Genesee County Jail. Once there, he asked her how many of the pills she had taken; "one" she said. "Not enough to overdose?" he asked. "No, that was the plan," Serrano replied.
Young told the court that he was concerned about what amount of the drug she had in her system because she was being processed into jail.
Sanchez asked if Serrano was asked questions after her Miranda rights were read.
Young testified that a few were, such as "How can I reach your sister?" "What is her (sister's) first name?" "Does she know what happened?" "Did you leave the note inside or outside your house?"
Sanchez raised issues about the "affirmative questions" Serrano had been asked while interacting with the Genesee County Sheriff's Office personnel. The DA objected and asked what "affirmative questions" were and said the questions speak for themselves and it is not for Deputy Young to classify them in a particular way because the defense asks him to. The judge sustained the objection.
Sanchez asked if Young's body cam was on the whole time that day.
"I recall that I turned the camera off when I went to use the bathroom," Young deadpanned.
The question of when the defense counsel "attaches" to Serrano was debated in this Huntley hearing. Was it at the time she retained attorney Michael Caffery for a misdemeanor DWI arraignment in Darien Town Court? Or was it after that DWI, or once the hit-and-run fatal were suspected of being connected to the arrest made by Henning when LoTiempo and Sanchez were hired?
The defense then called its sole witness, attorney Caffery, who testified he was retained for $500 and met with Serrano at the jail. After speaking with dispatch about damage to the Jeep, he thought there was more to the case than a misdemeanor DWI.
Caffery, Serrano and "a third party" -- a woman who had been a passenger in Serrano's vehicle -- subsequently met at the Tim Hortons in Derby (Erie County).
"What was said?" Friedman asked.
That prompted the defense to object because they specifically wanted to limit Caffery's testimony to the fact that he had been retained for the misdemeanor DWI and that there was property damage to the Jeep.
LoTiempo argued -- with hands on hips, then his right hand jabbing the air with the forefinger and pinkie sticking out belligerently -- that the conversation was covered by attorney-client privilege and therefore off limits for cross-examination.
Friedman rejected his assertion, saying that Caffery is a witness that he has the right to cross-examine and that the presence of a third party negates the attorney-client privilege argument.
Judge Zambito overruled the objection and called for the witness to answer the question. LoTiempo -- hanging his head toward the floor dejectedly as he sat sideways at the defense table, his fist in a knot -- reared up to renew his argument.
The heated scenario prompted the judge to call the lawyers into his chambers for a 10-minute recess.
It seemed to tax the victim's parents, who had sat throughout the proceedings with great poise along with three other adults in the front row.
The mother began to cry as she briefly exited the gallery, sobbing halfway down the aisle. She returned composed.
The issues of Caffery's attorney-client privilege and what was said at Tim Hortons were not revisited by Friedman after court resumed.
The case is next on the docket for 1:45 p.m. on March 13.
Previously:
Press release:
U.S. Senator Kirsten Gillibrand, a member of the Senate Armed Services Committee, today announced her nominations for candidates from the Rochester-Finger Lakes Region to two of the nation’s leading service institutions: the United States Naval and Air Force academies.
This year, Senator Gillibrand nominated five candidates from the Rochester-Finger Lakes Region to the service academies.
Only one candidate nominee is from Genesee County: Edward Foeller (Darien Center) – U.S. Air Force Academy.
“I am honored to nominate such dedicated and talented students to our nation’s service academies," Senator Gillibrand said. "They have demonstrated exemplary leadership abilities and an outstanding academic record, as well as a passion to serve our nation.
“Our service academies cultivate top-tier officers who bravely protect our nation, and I look forward to these nominees’ successes as they further their education and continue their commitment to our country in the armed forces.”
A selection committee formed by Senator Gillibrand chose the nominees from a large group of qualified applicants. Decisions were based on criteria including academic record, leadership potential, and overall achievement. Final acceptance is determined solely by the service academies.
The United States service academies offer a first-class education as well as a chance for young people to serve our country upon graduation as commissioned officers in the United States Armed Services.
A motor-vehicle accident is reported in the area of 677 Genesee St., Darien.
There are no injuries. The driver is out of the vehicle and walking around; however, the vehicle struck a gas meter causing a gas leak.
Darien fire dispatched.
A deputy on scene says, "you can contact the gas company. I can just hear the gas pouring out of there."
A dispatcher says they're on the phone with National Fuel now.
UPDATE 10:18 a.m.: Corfu fire requested to the scene.
UPDATE 10:38 a.m.: Genesee Street (Route 33) is being shut down west of the Village of Corfu.
Robert A. Maharrey is indicted for the crime of disorderly conduct. It is alleged that on Aug. 10, at the Darien Lake Performing Arts Center located in the Town of Darien Center, Maharrey engaged in fighting or with violent, tumultuous or threatening behavior by punching or striking a female patron in the face. In count two, he is accused of second-degree harassment for allegedly subjecting a female patron to physical contact, or attempting or threatening to do so. In count three, Maharrey is accused of disorderly conduct for allegedly engaging in fighting or with violent, tumultuous or threatening behavior with Live Nation Security staff members. In count four, he is accused of second-degree harassment for allegedly subjecting a Genesee County Sheriff's deputy to physical contact by spitting in his face. In count five, the defendant is accused of second-degree assault, a Class D violent felony, by allegedly intentionally preventing a Sheriff's deputy from performing a lawful duty and causing injury to the deputy. In count six, Maharrey is accused of assault on a police officer, a Class C violent felony, for allegedly intentionally preventing a second deputy from performing a lawful duty and causing serious physical injury to that deputy.
Jacob M. Balla Sr. is indicted for the crime of first-degree criminal contempt, a Class E violent felony. It is alleged that on Oct. 19 in the Town of Pembroke, in violation of an order of protection, that he struck, shoved, kicked or otherwise subjected the protected party to physical contact or attempted or threatened to do so. In count two, Balla is accused of second-degree harassment, a violation, for allegedly intentionally harassing, annoying or alarming the protected party by striking, shoving, kicking or otherwise subjecting the person to physical contact or attempting or threatening to do so.
Lashawn Brown-Dixie is indicted for the crime of aggravated driving while intoxicated, per se, as a Class E felony. It is alleged that on Sept. 17 Brown-Dixie drove a 2016 Chevrolet on Interstate 90 in the Town of Stafford while having a BAC of .18 percent or more. In count two, she is accused of DWI, as a Class E felony, for the same incident. In Special Information filed by the District Attorney's Office, Brown-Dixie is accused of having been convicted of DWI, as a misdemeanor, on Dec. 14, 2010 in Town of Marathon Court, County of Cortland, and the conviction was within 10 years of the crimes alleged in the current indictment.
Antwan L. Odom is indicted for the crime of first-degree assault, a Class B violent felony. It is alleged that on Aug. 4 in the area of Ross Street in the City of Batavia that Odom -- with intent to cause serious physical injury to another person -- caused such injury by means of a dangerous instrument -- a knife. In count two, Odom is accused of criminal possession of a weapon in the fourth degree, a Class A misdemeanor, for allegedly possessing a "dagger, dangerous knife, dirk, razor, stiletto, imitation pistol or other dangerous instrument with intent to use the same unlawfully against another."
Michael D. Kopyscianski is indicted for the crime of criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on June 19 in the Town of Darien that Kopyscianski possessed lysergic acid diethylamide (LSD -- a hallucinogenic drug) with intent to sell it. In counts two and three, respectively, he is accused of criminal possession of a controlled substance in the seventh degree, a Class A misdemeanor, for allegedly possessing alprazolam (the generic of Xanax) and suboxone (treats opioid addiction). In Special Information filed by the District Attorney's Office, Kopyscianski is accused of having been convicted of criminal possession of a controlled substance, 7th, on Jan. 3, 2013, in the City of Saratoga Springs Court and also on May 6, 2005, in City of Newburgh Court.
Jeffrey A. Youngs is indicted for driving while in intoxicated, as a Class E felony. It is alleged that on Oct. 27 Youngs drove a 2003 Toyota on Route 98/Oak Street in the Town and City of Batavia while intoxicated. In count two, he is accused of DWI, per se, as a Class E felony, for allegedly driving at that time while having a BAC of .08 or more. In count three, he is accused of the offense of driving across official markings -- a vehicle and traffic violation. In count four, Youngs is accused of consumption or possession of an alcoholic beverage in a motor vehicle on Oct. 27. In Special Information filed by the District Attorney's Office, Youngs is accused of having been convicted by DWI as a misdemeanor on June 12, 2017, in City of Batavia Court and that conviction was within 10 years of the crimes alleged in the current indictment.
Josh J. Peterman is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on June 28 in the Town of Darien that Peterman drove a 1998 Honda on Park Road while intoxicated. In count two, he is accused of DWI, per se, as a Class E felony, for allegedly driving at that time while having a BAC of .08 or more. In Special Information filed by the District Attorney's Office, Peterman is accused of having been convicted of DWI, per se, as a misdemeanor on June 28, 2012, in City of Binghampton Court and that convicted was within 10 years of the crimes alleged in the current indictment.
Morgan R. Coles is indicted for the crime of third-degree burglary, a Class D felony. It is alleged that on Sept. 26 in the Town of Bergen that Coles knowingly entered or remained unlawfully in The Firing Pin with the intent to commit a crime. In count two, he is accused of criminal possession of a weapon in the first degree, a Class B felony. It is alleged that on Oct. 3 in the City of Batavia that Coles possessed 10 or more firearms. In counts three through 15, Coles is accused of criminal possession of a weapon in the third degree, Class D felonies, for allegedly possessing firearms which had been defaced for the purpose of concealment or prevention of detection of a crime or misrepresenting the identity of the fireaarm. Respectively, these are: a KelTec model PF-9 9mm pistol; a Glock model 19 9 mm pistol; a Glock model 45 9 mm pistol; a Glock model 27 .40 S&W pistol; a Glock model 19c 9mm pistol; a Glock G17 9mm pistol; a Glock model G43 9mm pistol; a second Glock model 27 .40 S&W pistol; a Glock model G21 .45 ACP pistol; a Glock 30S .45 ACP pistol; a Glock model 17 9mm pistol; a Glock model 22 gen 2 .40 S&W pistol; and a Glock model 24 9 mm pistol. In count 16, Coles is indicted for third-degree criminal possession of stolent property, a Class D felony, for allegedly knowingly possessing 13 stolen firearms and the value of the property exceeded $3,000.
Thomas E. Brenkus is indicted for the crime of first-degree sexual abuse, a Class D violent felony. It is alleged that on June 27 in the City of Batavia that he subjected another person to sexual contact by forcible compulsion. In count two, Brenkus is accused of forcible touching, a Class A misdemeanor. It is alleged in count two that on the same day in the city that he intentionally or for no legitimate purpose forcibly touched the sexual or intimate parts of another person for the purpose of degrading or abusing the person for the purpose of gratifying the defendant's sexual desire.
Edwin L. Stancliff is indicted for the crime of criminal possession of a weapon in the third degree, a Class D felony. It is alleged that on June 12 in the Town of Pembroke that Stancliff possessed a dangerous instrument -- a crowbar -- with intent to use it unlawfully against another person. In count two, Stancliff is accused of criminal possession of a weapon in the third degree, a Class D felony. It is alleged in count two, that Stancliff possessed a dangerous instrument -- a crowbar -- with intent to use it unlawfully against a second person. In count three, Stancliff is accused on second-degree menacing, a Class A misdemeanor. It is alleged in counts three and four, respectively, that on June 12 in the Town of Pembroke he intentionally placed or attempted to place two victims in reasonable fear of physical injury or death by displaying the crowbar. In counts five and six, respectively, Stancliff is accused of second-degree harassment for allegedly acting on that day with intent to harass, annoy or alarm the two victims with threat of physical contact. In count seven, the defendant is accused of tampering with a witness in the fourth degree, a Class A misdemeanor. It is alleged in count seven that, knowing a person is about to be called as a witness in a legal action or proceeding, the worngfully induces or attempts to induce, the person to avoid appearing or testifying. It is alleged that on Nov. 6, Stancliff sent a text message to a witness stating that the witness should not show up for the Grand Jury indictment and that if the person did, the person is "riding for the State" and that if the person was family they would not show up. In Special Information filed by the District Attorney, Stancliff is accused of having been convicted of third-degree menacing, a Class B misdemeanor, on Feb. 14, 2017 in Town of Pembroke Court and that conviction forms the basis for counts one and two of the current indictment.
Travis E. Kent, Jason N. Mann and David C. Edwards are indicted for the crime of attempted grand larceny in the third degree, a Class E felony. It is alleged that on July 3 on Broadway Road in the Town of Darien that these defendants attempted to steal property with a combined value in excess of $3,000 -- a Yamaha Wolverine four-wheeler and a Mongoose four-wheeler. In count two, they are accused of criminal possession of stolen property in the third degree, a Class D felony. It is alleged in count two that the defendants knowingly possessed stolen property valued in excess of $3,000 -- a 2011 Chevrolet Impala. In count three, Kent, Mann and Edwardsare indicted for second-degree criminal mischief, a Class D felony. It is alleged in count three that the defendants intentionally damaged property belonging to another person and the damage exceeded $1,500 -- the 2011 Impala was damaged. In count four, they are accused of unauthorized use of a vehicle in the third degree, a Class A misdemeanor, for allegedly driving the Impala without the owner's consent.
Lisa D. Ayres is indicted for the crime of driving while intoxicated, a Class D felony. It is alleged that on July 21 in the Town of Darien that she drove a 2007 Chevrolet on Route 77 and on McGregor Road while intoxicated. In count two, she is accused of DWI, per se, a Class D felony, for allegedly having a BAC of .08 percent or more at the time. In count three, Ayres is accused of aggravated unlicensed operation in the first degree, a Class E felony, for driving without a valid license -- which had been suspended or revoked -- and for being under the influence of alcohol or a drug at the time. In count four, the defendant is accused of the crime of circumvention of an ignition interlock device. It is alleged in count four that Ayres drove the 2007 Chevrolet which was not equipped with an ignition interlock device, which was required to have. In count five, Ayres is accused of the offense of refusal to submit to a breath test, a violation. It is alleged in count four that Ayres refused the request made by Genesee County Sheriff's Deputy Eric Meyer to submit to a breath test on July 21. In count six, Ayres is accused of the offense of failure to yield the right of way on a left turn. It is alleged in count six, that her failure to yield constituted an immediate hazard. In count seven, Ayres is accused of making an unsafe turn, a violation. In count eight, Ayres is accused of the offense of unsafe passing on the left. In Special Information filed by the District Attorney, Ayres is accused of having been convicted of DWI as a Class E felony on April 24, 2012, in County of Wayne Court. Also, she is accused of having been convicted of DWI, per se, as a misdemeanor on Nov. 18, 2009, in Town of Sodus Court. These convictions form the basis of the crimes alleged in the current indictment and the allegation that she knew her driver's license had been suspended or revoke by authorities due to the convictions.
Danielle R. Dixon is indicted for the crime of aggravated DWI, per se, as a Class E felony. It is alleged that on Aug. 27 on Main Street in the City of Batavia that Dixon rode a Yamaha motorcycle while having a BAC of .18 percent or more. In count two, she is accused of DWI as a Class E felony, in the same incident. In count three, Dixon is accused of operating a vehicle out of class, a violation. It is alleged in count three that the defendant rode the Yamaha without being the holder of a class of license which was valid for the operation of the motorcycle. In count four, she is accused of the offense of speeding at the time.
Joseph F. Chiodo is indicted for the crime of aggravated DWI, as a Class E felony. It is alleged that on June 20 in the Town of Pembroke that Chiodo drove a 2004 Chevrolet on Route 33 while intoxicated and while a child age 15 or less was a passenger. In count two, he is accused of driving while ability impaired by the combined influence of drugs or of alcohol and any drug or drugs, as a misdemeanor. It is alleged that when he drove on June 20 on Route 33 his ability to drive was impaired by the combined influence of drugs or of alcohol and any drug or drugs. In count three, he is accused of endangering the welfare of a child, a Class A misdemeanor, for allegedly knowingly acting at that time in a manner likely to be injurious to the physical, mental or moral welfare of a child less than 17 years old.
Stacy L. Parks is indicted for the crime of aggravated driving while intoxicated, as a Class E felony. It is alleged that on June 27 in the Town of Darien that Parks drove a 2011 Ford on Route 20 while intoxicated and while a child age 15 or less was a passenger. In count two, Parks is accused of DWI, as a misdemeanor, for the same incident. In count three, the defendant is accused of DWI, per se, as a misdemeanor, for allegedly having a BAC of .08 percent or more at the time. In count four, Parks is accused of endangering the welfare of a child, a Class A misdemeanor, for allegedly knowingly acting in a manner that day which was likely to be injurious to the physical, mental or moral welfare of a child less than 17 years old.
Deborah S. Rodriguez is indicted for the crime of aggravated unlicensed operation in the first degree, a Class E felony. It is alleged that on Aug. 1 in the Town of Oakfield that Rodriguez drove a 2005 Nissan on Farnsworth Avenue while her driver's license was suspended and that she did so while impaired by the combined influence of drugs or of alcohol and any drug or drugs. In count two, she is accused of driving while ability impaired by a drug, as a misdemeanor, for driving on Aug. 1 while her ability to do so was impaired by the use of a drug. In count three, the defendant is accused of driving while ability impaired by the combined influence of drugs or of alcohol and any drug or drugs. It is alleged in count three that Rodriguez drove on Farnsworth Avenue that day while her ability to do so was impaired by the combined influence of drugs or of alcohol and drug or drugs. In Special Information filed by the District Attorney, Rodriguez is accused of having been convicted of DWI, per se, on July 5 in City of Batavia Court and her license was suspended. That suspension was still in effect on Aug. 1 pending prosecution of the crimes alleged in the current indictment.
Jay M. Blatchley is indicted for the crime of driving while ability impaired by the combined influence of drugs or alcohol and any drug or drugs, a Class E felony. It is alleged that on July 28 in the Town of Stafford that Blatchley drove a 2016 Toyota on Route 5 while his ability to do so was impaired by the combined influence of drugs. In Special Information filed by the District Attorney, Blatchley is accused of having been convicted of driving while ability impaired by drugs on Nov. 10, 2009, in the Town of Pembroke and that conviction was within 10 years of the crime alleged in the current indictment.
Michael J. Reeves is indicted for the crime of driving while intoxicated, as a misdemeanor. It is alleged that on Aug. 4 in the Town of Pembroke that he drove a 2009 Lincoln on Route 77 while intoxicated. in count two, he is indicted for DWI, per se, as a misdemeanor, for allegedly having a BAC of .08 percent or more at the time. In count three, Reeves is accused of first-degree aggravated unlicensed operation, a Class E felony, for having no valid driver's license, because it was suspended or revoked, at the time and while under the influence of alcohol or a drug. In Special Information filed by the District Attorney, the defendant is accused of having been convicted of driving while ability impaired by the consumption of alcohol, an infraction, on Jan. 15, 2008, of Town of Sullivan Court. That conviction forms the basis of the driver's license revocation referred to in count three of the current indictment.
Andrew M. Cerrillo is indicted for the crime of drivng while intoxicated, as a Class E felony. It is alleged that on Aug. 14 in the Town of Stafford that Cerrillo drove a 2003 Toyota on Route 5 while intoxicated. In Special Information filed by the District Attorney, Cerrillo is accused of having been convicted of DWI, as a misdemeanor, on April 17, 2014, in the Town of Grand Island Court, and that conviction was within 10 years of the crime alleged in the current indictment.
David J. Somerton, 36, of Kelsey Road, Batavia, (in photo above) is charged with possession of obscene sexual performance by a child and use of a child in a sexual performance, both felonies. He was arraigned on the charges on Nov. 29 in Batavia Town Court. Somerton was initially arrested and arraigned on five counts of disseminating indecent material to a minor on Oct. 31 after investigation into a sex offense that occurred in the Town of Batavia Oct. 13. The new charges stem from further investigation and additional charges are pending. The case was investigated by Genesee County Sheriff's Investigator Howard Carlson, assisted by Investigator/Youth Officer Timothy Westcott. The Genesee County Sheriff's Office Criminal Investigation Division was assisted by the FBI Buffalo field office.
Alvin Ezra Way, 57, of Bank Street, Batavia, is charged with second-degree criminal contempt. He was arrested at 9:06 p.m. on Dec. 1 on Colonial Way in Batavia for allegedly violating an order of protection by having personal contact with the protected party. He was issued an appearance ticket for Dec. 17 in Town of Batavia Court. The case was handled by Genesee County Sheriff's Deputy Travis DeMuth, assisted by Deputy Erik Andre.
Christie Lynn Daniels, 22, of Council House Road, Basom, is charged with: DWI, speeding in excess of 55 mph, and unlicensed operation -- driving without a license. At 1:59 a.m. on Dec. 2 on Lewiston Road in Batavia, Daniels was stopped by Genesee County Sheriff's Deputy Ryan Young for allegedly speeding. After an investigation, it is alleged that Daniels was driving without a license and while intoxicated. She was issued appearance tickets for Dec. 17 in Batavia Town Court. Deputy Young was assisted in the case by Deputy Austin Heberlein.
Trisha A. Park, 26, of Le Roy, was arrested in the evening on Nov. 30th by the Le Roy Police Department and charged with: aggravated driving while intoxicated with a child passenger under 15 years of age inside the vehicle, a class E felony; operating a motor vehicle impaired by drugs and endangering the welfare of a child -- both misdemeanors; unlawful possession of marijuana and inadequate headlights on a motor vehicle, both violations. At approximately 5:45 p.m. on Nov. 30th, patrols observed a vehicle operating without a headlight on Wolcott Street in the Village of Le Roy. Patrols initiated a traffic stop and interviewed the operator. While speaking with the operator, patrols allegedly noticed a strong marijuana odor emanating from the vehicle. A vehicle search would allegedly reveal marijuana as well as marijuana paraphernalia. After a brief investigation it was allegedly determined that Park was impaired by drugs. Park was taken into custody without incident and was evaluated by a Drug Recognizant Expert. Park was arraigned in Le Roy Town Court and released under supervision. Park is due back in court on Dec. 20th.
Frank L. Cortright, 60, of Route 77, Alabama, is charged with fourth-degree criminal mischief. It is alleged that at 12:15 p.m. on Nov. 30 on Pratt Road in Pembroke that Cortright intentionally damaged property belonging to another individual. He was issued an appearance ticket returnabled to Pembroke Town Court on Dec. 11. The case was handled by Genesee Coounty Sheriff's Deputy Travis DeMuth.
Stephen Michael Milroy, 24, of Perry Road, Pavilion, is charged with seventh-degree criminal possession of a controlled substance and unlawful possession of marijuana. At 3:42 a.m. on Dec. 1, Milroy was arrested on Park Road in Batavia after investigation into a report of an unconscious male sleeping in his vehicle in the Batavia Downs' parking lot. Milroy was processed at the jail and issued appearance tickets returnable to Batavia Town Court on Dec. 17. The case was handled by Deputy Andrew Mullen.
Christopher Jai Shawn Middleton, 24, of Dumont Avenue, Brooklyn, is charged with unlawful possession of marijuana and speeding. The defendant was stopped at 8:35 a.m. on Sumner Road in Darien on Nov. 29 for allegedly speeding. Investigation allegedly revealed he possessed marijuana. He was issued an appearance ticket returnable to Town of Darien Court on Dec. 11. The case was handled by Genesee County Sheriff's Deputy Kevin McCarthy.
Press release:
The Live Nation Lawn Pass provides unlimited lawn admission to all concerts at any of your local participating Live Nation amphitheaters throughout the 2019 season for one price.
Lawn Pass will go on sale starting at 1 p.m. on Tuesday, Dec. 4 and be available through Dec. 18 or while supplies last, making the pass the perfect holiday gift that can be enjoyed all next summer.
To purchase the pass, fans can go to lawnpass.livenation.com and use the dropdown menu to select a desired amphitheater. Each fan will receive a custom laminate with their name and unique barcode that serves as their ticket on show day. Once fans scan in, they are all set to dance the night away on the lawn.
The full list of participating amphitheaters found below. Pricing varies per amphitheater and further details and restrictions for the Lawn Pass can be found at lawnpass.livenation.com.
Sold for a limited time only, this pass will give fans lawn access to Live Nation concerts (even the sold-out ones!) at Darien Lake Amphitheater* for just $125 plus fees. In addition to guaranteed admission, passholders will receive Fast Lane access for speedy entry, complimentary lawn chair rental to chill out and enjoy the show, as well as exclusive ticket offers.
For pricing, details, restrictions or to purchase a Lawn Pass please visit lawnpass.livenation.com.
*Does not include pavilion only performances. Live Nation concerts only.
Thompson will be at Le Roy’s Moose Lodge today (Saturday) to sign copies of "The USS The Sullivans" until 3 p.m. during the Le Roy Winterfest.
His book is not about the bombs, guns and steel which made up the ship, but rather it combines emotion, history and paranormal events surrounding the ship.
While researching for his book, Thompson spent three nights on the ship anchored in Buffalo’s Naval Park.
Thompson covers the history of the cruiser and details the life of Eugene Straub, originally of Darien, who was also lost aboard the Juneau.
During his research, Thompson located Straub’s daughter, now 75 and living in Utica.
The book is available online, as well as at the book signing.
Constantine D. Murrell is indicted for the crime of second-degree robbery, a Class C violent felony. It is alleged that on Sept. 25 at the Kwik-Fill gas station/convenience store at the intersection of Ellicott and Jackson streets in the City of Batavia that Murrell forcibly stole a 2008 automobile. In count two, he is accused of second-degree assault, a Class D violent felony. It is alleged in count two that during the commission or attempted commission of the aforementioned felony that he cause physical injury to a person. in count three, he is accused of reckless driving, a misdemeanor, for driving the 2008 vehicle in a manner that interfered with the free and proper use of the roadways and/or unreasonably endangered users of those roadways. In count four, Murrell is accused of unlawful lfeeing a police officer in a motor vehicle in the third degree, a Class A misdemeanor. It is alleged in count four that he attempted to flee an officer, knowing that he had been directed to stop, and that his speeds equaled or exceeded 25 miles per hour above the speed limit or he engaged in reckless driving.
Dylan J. Perry is indicted for the crime of third-degree burglary, a Class D felony. It is alleged that between Dec. 1 and Dec. 2 he knowingly entered and remained unlawfully in a building located on Broadway Road in the Town of Darien with intent to commit a crime. In count two, Perry is accused of petit larceny, a Class A misdemeanor. It is alleged in count two that Perry stole $300 in U.S. currency and a pair of work boots while inside the property on Broadway Road.
Antonio J. Goodson is indicted for the crime of criminal contempt in the first degree, a Class E felony. It is alleged that on Aug. 22 in the City of Batavia that he violated a duly served order of protection by being in the presence of the protected party. In Special Information filed by the District Attorney, Goodson is accused of having been convicted of criminal contempt in the second degree, a Class A misdemeanor, on Jan. 19 in City of Rochester Court. That conviction was for a violation of a stay away family offense order of protection and was within five years of the crime alleged in the current indictment.
Thomas J. Claffey is indicted for the crime of driving while ability impaired by drugs, as a Class E felony. It is alleged that on June 18 in the Town of Stafford that he drove a 2016 Chevrolet on Route 33 while his ability to do so was impaired by use of a drug. In Special Information filed by the District Attorney's Office, Claffey is accused of having been convicted for DWI, as a misdemeanor, on July 28, 2008, in Town of Irondequoit, and that conviction was within 10 years of the crime alleged in the current indictment.
The defense attorney for Jennifer Serrano, the 48-year-old woman accused of killing an 18-year-old Hinckley resident in a hit-and-run accident in Darien on Aug. 11, will be given a chance to challenge any statements obtained by police from her during the investigation that led to her arrest.
Judge Charles Zambito granted the motion today by Frank LoTempio for the hearing, known as Huntley Hearing, which is pretty standard in criminal cases.
LoTempio will be able to question the officers involved in obtaining statements from Serrano to determine whether or not her rights were violated and whether the statements were legally obtained.
Serrano was allegedly the driver of a vehicle that struck and killed Connor Lynskey after the Jason Aldean concert at Darien Lake. Lynskey and a group of people were walking on Sumner Road back to the Darien Lakes State Park, where they were camping, when he decided to run ahead to catch up with a friend. He was reported missing later that night. His body was found by a deputy the next day.
About a half-hour later, Serrano was stopped and charged with DWI but she did not mention the possible prior accident and was only connected to the accident the next day through police investigation.
At the DWI stop, where she reportedly almost hit a patrol vehicle, Serrano may have tried to talk the deputy into letter her go, according to police reports.
Serrano appeared in court shackled alongside LoTempio and co-counsel Jack Sanchez dressed in gray sweatpants and an orange sweatsuit hoodie jacket.
She is being held on $100,000 cash bail or $200,000 bond while her case heads toward a possible trial.
LoTempio also filed a supplemental motion challenging the search warrants used in the case. He had filed the motion after recently receiving copies of the warrants and the statements used to obtain them. District Attorney Lawrence Friedman will be given time to file a written response before Zambito rules on the motion.
A driver is unresponsive after his or her vehicle left the roadway and struck a tree off Route 77 in Darien. Mercy Flight is on standby. The accident location is 9610 Alleghany Road between Ganson Avenue and McGregor Road. Darien Fire Department and Mercy medics are responding.
UPDATE 3:56 p.m.: The driver is a 25-year-old male who lives in Corfu. He told Sheriff's deputies at the scene that he fell asleep at the wheel. His truck left the roadway, hit a drainage ditch and went airborne before coming to a stop 50 yards away after striking a tree. He was taken by ground ambulance to ECMC with non-life-threatening injuries. Investigators determined that no alcohol or drugs were involved in the accident, said Sgt. Jason Saile.
Paul M. Gelardo is indicted for the crime of driving while ability impaired by drugs, a Class E felony. It is alleged that on July 13 in the Town of Oakfield that Gelardo drove a 2002 Chevrolet on South Pearl Street while his ability to do so was impaired by drugs. In count two, he is accused of aggravated unilicensed operation of the motor vehicle in the first degree, another Class E felony. It is alleged in count two that Gelardo knew, or had reason to know, that his driver's license was suspended, revoked or otherwise withdrawn by authorities at the time he drove on South Pearl Street, and he did so while under the influence of alcohol or a drug. In count three, he is accused of the same crime as in count two, plus it alleges he had in effect three or more suspensions imposed on at least three separate dates for failure to answer, appear or pay a fine. In Special Information filed by the Genesee County District Attorney, Gelardo is accused of having been convicted of driving while impaired by drugs, as a misdemeanor, on March 14, 2016 in Town of Brighton Court. That conviction was within 10 years of the commission of crimes alleged in the current indictment, and he knew, or should have known, about that conviction and that his driver's license was still suspended.
Shawn J. Scheg is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on July 25 in the Town of Stafford that Scheg drove a 2007 Acura on Route 33 while intoxicated. In count two, he is accused of aggravated unlicensed operation in the first degree, also a Class E felony, for driving that day while his license was suspended, revoked or otherwise withdrawn by authorities. In count three, he is accused of circumventing an ignition interlock device, a Class A misdemeanor, which he was court ordered to have on his vehicle and which the Acura did not have. In Special Information filed by the Genesee County District Attorney, Scheg is accused of having been convicted of DWI, as a misdemeanor, on Oct. 9, 2012 in Genesee County Court, and that conviction forms for basis for the suspension or revocation referred to in count two of the current indictment.
Carl W. Altman is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on June 26 Altman drove a 1998 Ford in the Darien Lake Concert Amphitheater parking lot in the Town of Darien while he was intoxicated. In Special Information filed by the Genesee County District Attorney, Altman is accused of having been convicted of DWI as a misdemeanor on Aug. 24, 2015 in Town of Gates Court and that conviction was within 10 years of the crime alleged in the current indictment.
David J. Henry is indicted for the crime of driving while intoxicated, per se, as a misdemeanor. It is alleged that on March 3 in the Town of Stafford that Henry drove on 2017 Volkswagon on Route 90 while having a BAC or .08 or more. In count two, he is accused of DWI, a msidemeanor. In count three, he is accused of aggravated unlicensed operation of a motor vehicle, a Class E felony. It is alleged in count three that Henry drove while under the influence of alcohol or a drug while his license was suspended or revoked and while he had three or more suspensions imposed or at least three separate dates for failure to answer, appear or pay a fine.
No injuries are reported in an accident in the area of 1506 Broadway, Darien, but a utility pole and wires are down.
Darien fire and ambulance dispatched.
Imagine the perfect weekend getaway. It’s comfortable, secluded, and your every need is anticipated and cared for. Most importantly, it’s easy to get to. In fact, it may even be in your backyard. Welcome to River Spring Lodge, located at 1961A Church Road in Darien Center.
About the Lodge & the Hamers
An executive retreat and country inn, River Spring Lodge is known for providing a high-end, luxury experience to its guests. Opened in 2016, the Lodge is owned by locals Dave and Carolyn Hamer. After working in hospitality around the world for 15 years, the Hamers returned to Western New York to bring their passion for good food and great lodging to this area.
Seven modern and comfortable rooms, a fully equipped conference room, and large dining room make up this beautiful country estate.
Deeply influenced by French cuisine as a student at the Culinary Institute of America, Chef Dave is world-renowned and has cooked for an impressive list of A-listers and celebrities. Carolyn complements the team with touches that make the River Spring Lodge experience unique – greeting each guest with a warm welcome as they arrive and sending them off with her favorite treat, a chocolate chunk cookie, when they depart.
A Romantic Escape
Surrounded by the colors of autumn, the deep chill of winter snow, or the sights and sounds of spring – River Spring Lodge is a romantic escape year-round. Named as one of the "top 10 most romantic inns in the country" by iLoveInns.com, they offer a couple's escape that’s sure to keep the fires burning or reignite the spark. Relax, refresh and enjoy each other’s company while your every need is tended to. The package includes a four-course dinner, three-course breakfast, and a room of unrivaled luxury.
Meals are crafted by Chef Dave himself, and meant to be savored -- never rushed. When you dine at the lodge, the table is yours for the evening. Decide to retire, and you’ll find goose down duvets, European shower rooms, heated floors for the colder months, and woodland or pond-side views from your private balcony or alcove. Wi-Fi and boosted cell phone coverage allow you to stay connected with the outside world, but why would you want to?
A Sportman’s Paradise
Romance isn’t the only package River Spring Lodge specializes in. The Sportsman Suite is a completely private space for hunters and fisherman, offering an exclusive steelhead fishing trip, as well as whitetail, turkey and pheasant hunts. Boasting four bedrooms and two full bathrooms along with a gun safe, poker table and darts, it’s truly a man’s world wrapped in a wilderness retreat. And man’s best friend is welcome to join the fun, as hunting dogs are allowed in the suite. All-inclusive packages are available in the warmer months.
Drop By & Dine In
If an incredible food experience is simply what you seek, you don’t have to stay the night to get it. The dining room serves four-course dinners from 5 until 8 p.m. Tuesday through Sunday to lodge guests and local diners alike. While it’s open for reservations, we recommend you make one early. Dave and Carolyn take comfort seriously, so your table is yours for the evening, or however long you wish.
Once you’re booked for the evening, start perusing the menu. Guests are requested to pre-order their meal 24 hours in advance – all part of the personalized experience – on a menu that changes regularly. Local produce is used in season, keeping fresh foods and first quality always top-of-mind.
Large groups (8-18) can make reservations for the Chef’s Table, located in an adjacent room for a completely immersive dining experience – or sometimes even in the kitchen itself.
Whether you’re looking for your next hunting adventure, board retreat, romantic getaway, or just a weekend away from it all, River Spring Lodge is the ultimate in luxury and comfort. Stop by, and let Dave and Carolyn welcome you to an experience you won’t soon forget.
For more information visit www.visitgeneseeny.com.
Daniel E. King is indicted for the crime of failure to register a change of address as a sex offender, a Class E felony. It is alleged that the convicted sex offender moved to 2058 Phelps Road in the Town of Basom on Jan. 24 and failed to register his change of address with the NYS Division of Criminal Justice Services within 10 calendar days as required.
Candido Candelaria III is indicted for the crime of driving while intoxicated, as a Class D felony. It is alleged that on Aug. 16 in the Town of Le Roy that Candelaria drove a 2005 Chevrolet Equinox on Route 33 while intoxicated. In count two, he is accused of aggravated DWI, per se, as a Class D felony, for allegedly having a BAC of .18 percent or more at the time. In count three, it is alleged that the defendant knew or had reason to know that his driver's license was suspended, revoked or otherwise withdrawn by authorities, and that he was under the influence of alcohol or a drug at the time. In Special information filed by the District Attorney, Candelaria is accused of having been convicted for DWI, per se, on Jan. 9, 2017 in Town of Ridgeway Court, Orleans County. The conviction forms the basis for count three of the current indictment.
Benjamin J. Marien is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on June 15 in the Town of Darien that Marien drove a 2008 Chevrolet Silverado on Chick Road while intoxicated. In count two, he is accused of DWI, per se, as a Class E felony, for allegedly having a BAC of .08 at the time. In Special Information filed by the District Attorney, Marien is accused of having been convicted of DWI as a misdemeanor on Oct. 12, 2016, in City of Batavia Court and that conviction was within 10 years of the crimes alleged in the current indictment.
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