Darien

There are reportedly minor injuries after a motorcycle struck a cow in front of 2225 Bennett Road, Darien.

Darien fire and ambulance responding.

Frank D. Fulton, 61, of Rochester, is charged with aggravated unlicensed operation, driving without insurance, unregistered motor vehicle, uninspected vehicle, driver's view obstructed and unlicensed driver. Fulton was stopped at 11 a.m. Tuesday on Route 77, Pembroke, by Deputy Lonnie Nati. He was found to be driving despite an alleged 27 active suspensions on his license. He was jailed on $500 bail or $2,000 bond.​

Carlton Lynn Beardsley, 22, of Walnut Street, Batavia, is charged with promoting prison contraband 1st, criminal possession of controlled substance, 7th, and controlled substance not in original container. Beardsley is accused of bringing a narcotic drug into a secure area of the Genesee County Jail at 7:30 p.m. Tuesday. He is being held on bail.

Brandi Marie Smith, 37, of North Bennett Heights, Batavia, is charged with criminal possession of a forged instrument, 2nd. Smith is accused of using two stolen checks at Walmart. The checks were reportedly stolen from a victim in the City of Batavia. (Previously: Woman facing 15 charges after allegedly breaking into car, stealing purse.)

A 15-year-old resident of Darien is charged with petit larceny. The youth was arrested by State Police for an alleged incident reported at 5:12 p.m. Tuesday in Pembroke. No further information released.

       Adante Davis

Adante L. Davis, 27, of South Main Street, Batavia, is charged with assault, 2nd, and burglary, 1st. Davis was arrested on a warrant for assault and robbery stemming from a home invasion at a location on Central Avenue on Oct. 28, 2016, in which he is a suspect. Davis was one of four suspects and has been at large since the incident. Three participants have pled guilty and been sentenced -- Daniel J. Gilbert, Marquis K. Saddler, and Oliver Thomas. Davis was ordered held without bail.

Darrell J. Holloway, 49, of Farnsworth AVenue, Oakfield, is charged with unlawful possession of marijuana. Holloway was stopped for an alleged traffic infraction at 8:02 p.m. Thursday on Evans Street, Batavia.

Daniel Joseph Difrancesco, 36, of Edgewood Drive, Batavia, is charged with criminal mischief, 3rd. Difrancesco was allegedly involved in a dispute at his residence. He was jailed without bail.

Alex Scott Dumbleton, 24, of Ellicott Street, Batavia, is charged with illegal disposal of items. Dumbleton allegedly threw a bag of garbage onto the property of another person without permission.

Michele L. DiFalco, 28, of South Main Street, Batavia, is charged with petit larceny. DeFalco allegedly stole property from an associate Sept. 25. He was jailed on bail.

Katty L. Jackson, 21, of Dewey Avenue, Batavia, is charged with harassment, 2nd. Jackson allegedly struck another person in an incident reported at 6:29 p.m. Thursday at a location on Maple Street, Batavia.

A 17-year-old resident of Batavia is charged with criminal possession of a controlled substance, 7th, obstruction of governmental administration, failure to yield right of way to emergency vehicle, and no lights on a bicycle. Police attempted a traffic stop on the young bicyclist at 8:36 p.m. Thursday on Ellicott Street and the youth attempted to flee from police and led police on a chase. The youth was jailed following his arrest.

Casey Arthur Trommetter, 29, of Angling Road, Pembroke, is charged with DWI, moving from lane unsafely, and unregistered motor vehicle. Trommetter was arrested following an investigation by Deputy Ryan Young into a two-vehicle accident reported at 12:09 a.m. today on Genesee Street, Pembroke. When deputies arrived on scene they found an unoccupied vehicle in the westbound lane. Trommetter was in a second vehicle in a ditch off the side of the road. She was treated and released at the scene for minor injuries and charged with DWI. 

Michael Alan Shelter, 27, of Lewiston Road, Alabama, is charged with harassment, 2nd, and unlawful possession of marijuana. Shelter was arrested following an investigation into a disturbance reported at 8:45 p.m. Friday on Lewiston Road, Alabama.

Anthony James Constable, 31, of Oak Orchard Road, Elba, is charged with DWI. Constable was allegedly involved in a domestic incident at 11:08 p.m. Saturday in Elba. Following the incident, he allegedly drove to 7993 Call Parkway, Batavia, the location of Ashley Furniture, where he was located by Sgt. Thomas Sanfratello and arrested for alleged DWI. Additional charges are pending.

Mark Harley Bennett, 31, of Chamberlain Street, Albion, is charged with criminal possession of a controlled substance, 7th. Bennett was arrested after deputies responded to a report at 8:57 p.m. Saturday of two men in a vehicle in a parking lot at 8363 Lewiston Road shooting up heroin. Upon investigation, Bennett was allegedly found in possession of a controlled substance.

Adrienne F. Yocina, 36, of Alleghany Road, Pembroke, is charged with criminal possession of a weapon, 3rd, and criminal possession of a controlled substance. Yocina was charged following a home probation check. She was allegedly in possession of high capacity ammunition magazines and a controlled substance.

Benjamin Jacob Skubis, 23, of Colby Road, Corfu, is charged with DWI and driving with a BAC of .08 or greater. Skubis was charged following an investigation by Deputy Mathew Clor into a motor-vehicle accident reported at 2:25 p.m. Saturday on Bloomington Road, Basom.

Nicolas James Scripp, 27, of Fullington Road, Attica, is charged with public lewdness. Scripp allegedly urinated near the entrance of a business on Park Road at 2:22 a.m. Saturday.

Pamela A. Battaglia, 59, of Limerick Road, Piffard, is charged with trespass. Battaglia is accused of refusing to leave a property on Junction Road, Pavilion, after being told to leave several times.

John Paul Henning Sr., 55, of Overlook Drive, Batavia, is charged with acting in a manner that could injure a child and assault, 3rd. Henning is accused of attempting to punish a child by striking him on the foot with a plastic object, which caused the child to bleed.

Trisha Rose Santora, 35, of Georgian Drive, Rochester, is charged with criminal possession of a controlled substance, 7th, controlled substance not in original container, aggravated unlicensed operation, license plate violation, and inadequate plate lamps. Santora was arrested on a warrant. She was jailed on $5,000 bail, $10,000 bond.

Robert E. Magoffin, 45, of Darien Center, is charged with endangering the welfare of a child. Magoffin was arrested by State Police in connection with an alleged incident reported 5:52 p.m. Friday in Darien. No further details released.

Nichole M. Ambrosoli, 50, of Batavia, is charged with DWI and driving with a BAC of .08 or greater. Ambrosoli was stopped at 2:45 a.m. Saturday on R. Stephen Hawley Drive, Batavia, by State Police.

Tatiana C. Lugo, 22, no permanent address, Batavia, is charged with: second-degree harassment;third-degree robbery; endangering the welfare of a child; tampering with physical evidence; and criminal mischief, 4th. Lugo was allegedly involved in a fight with a male on Bank Street at 1:02 p.m. Sunday in the presence of two young children. During the course of the investigation by officers Kevin DeFelice and James Prusak, Lugo allegedly stole property from the victim. Lugo was ordered held without bail.

Patrick Ervin Say, 57, of Nesbitt Road, Attica, is charged with DWI, driving left of pavement markings, and failure to keep right. Say was allegedly involved in a single-car accident on Molasses Hill Road, Bethany, at 5:43 p.m. Sunday. The accident was investigated by Deputy Ryan Delong and Sgt. Jason Saile. (Initial Report)

Shane Lee Hoehn, 43, of Seven Springs Road, Batavia, is charged with DWI, driving with a BAC of .08 or higher, failure to notify DMV of address change, and driving over the divide on a divided highway. Hoehn was stopped at 2:16 a.m. Sunday on East Main Street, Batavia, by Deputy Eric Meyer.

Clifford W. Matthews, 43, of Batavia Stafford Townline Road, Stafford, is charged with DWI, driving with a BAC of .08 or greater, moving from lane unsafely, drinking alcohol in a motor vehicle, and leaving the scene of a property damage accident. Matthews was allegedly involved in an accident on Batavia Stafford Townline Road, Stafford, at 4:43 p.m. Friday. The accident was investigated by Deputy Jenna Ferrando and Sgt. Eric Seppala.

Shawn Micheal Koegl, 30, of Alleghany Road, Attica, is charged with: DWI; driver view obstructed; possession of an open container; failure to keep right; and uninspected motor vehicle. Koegle was arrested following an investigation by deputies Mathew Clor and Eric Meyer into an accident at 2:02 a.m. Saturday on Route 77, Darien.

Passiona C. McConnell, 39, of Bank Street, Batavia, is charged with a curfew violation under the Batavia Municipal Code. McConnell was charged after her underage son was located in public after curfew. The youth was located at 12:59 a.m., Oct. 7, in the area of 20 Main St., Batavia, by Officer Peter Flanagan.

Michael J. Henry, 50, of Ellicott Street, Batavia, is charged with disorderly conduct. Henry allegedly refused a lawful order by police to disperse at 10:45 p.m. Saturday while at Van Detta Stadium. Henry was arrested by officers Frank Klimjack and Stephen Cronmiller.

Joseph R. Paner, 37, of Cheekwood Drive, Cheektowaga, is charged with driving while ability impaired by drugs. Paner's vehicle was located after a complaint at 9:27 p.m. Saturday on Genesee Street, Pembroke, of a vehicle being operated erratically. Deputy Ryan DeLong initiated a traffic stop. Assisting in the investigation was Sgt. Thomas Sanfratello and Deputy Eric Meyer.

John M. Lippold, 42, of Bethany, is charged with DWI. Lippold was stopped by State Police in the City of Batavia at 9 a.m. Friday. No further details released. 

Joseph Lee Henry, 31, of Chaddock Avenue, Hornell, is charged with felony DWI, aggravated unlicensed operation first, unlicensed operation of a motor vehicle, drinking alcohol in a motor vehicle, and moved from lane unsafely. Henry was stopped at 11:47 p.m., Tuesday, on Tinkham Road, Darien, by Deputy Eric Meyer. Henry was also cited for inadequate exhaust and illegal stickers. He was jailed without bail.

Thomas A. Culver Jr., 38, of Wood Street, Batavia, was arrested on a warrant for alleged failure to appear for his intermittent jail sentence for several weekends. He was jailed on $2,500 bail.

Roseann Cooper, 48, of Pearl Street, Batavia, was arrested on a warrant for alleged failure to appear on a charge of second-degree aggravated unlicensed operation. Cooper posted $500 bail and was released.

Aisha I. Culver, 19, of Batavia, is charged with unlawful possession of marijuana. Culver was arrested in Le Roy by State Police. No further details released.

Steven Ronald Obara, 24, of Litchfield, Depew, is charged with felony DWI, aggravated unlicensed operation, speeding, no seatbelt and expired vehicle inspection. Obara was stopped at 1:26 a.m. Sunday on Genesee Street, Pembroke, by Deputy Jeremy McClellan.

Joseph P. Radley, 44, of Route 33, Bergen, is charged with DWI, driving with a BAC of .18 or greater, speeding, and obstructed license plate. Radley was stopped at 11:59 p.m. Saturday on Route 33, Bergen, by Deputy Jenna Ferrando.

Clovis A. Phillips, 53, of Oak Street, Batavia, is charged with DWI, driving with a BAC of .08 or greater, suspended registration, unregistered vehicle, and aggravated unlicensed operation, 2nd. Phillips was stopped at 10:59 p.m. Thursday on West Main Street, Batavia, by Officer Kevin DeFelice.

Samantha Michelle Cook, 24, of Armand Drive, Hilton, is charged with unlawful use of a vehicle, 3rd. Cook is accused of using another person's vehicle without permission.

Phillip P. Heale, 39, of Linwood Avenue, Batavia, is charged with endangering the welfare of a child. Heale was allegedly involved in a domestic dispute where a child under age 17 was present.

David R. Morgan, 48, of Bethany, is charged with unauthorized use of a vehicle. Morgan was arrested by State Police in connection with an incident reported July 5. No further information released.

Leaha R. Wimmer, 24, of Albion, is charged with grand larceny, 4th. The alleged crime was reported at 5:14 p.m. Sept. 19 in Darien. Wimmer was arrested Friday by State Police and ordered held on bail. No further information released.

Jessica Marie Forsyth, 32, of Thomas Avenue, Batavia, is charged with petit larceny and criminal possession of a controlled substance, 7th. Forsyth is accused of stealing medication from a residence on Old Meadow Lane in Batavia.

Jeremy Aaron McCormick, 23, of East Avenue, Attica, is charged with unlawful possession of marijuana and speeding. McCormick was stopped at 6:56 a.m. Tuesday on Route 20, Darien, by Sheriff's Deputy Eric Meyer. McCormick was allegedly found in possession of marijuana and drug paraphernalia.

A contractor from Darien will pay a portion of a $3 million settlement with the Federal government for his alleged part in a scheme to obtain construction contracts under the false pretense that an affiliate company was owned by a disabled veteran.

John Zoladz, owner of Zoladz Construction, along with David Lyons, of Grand Island, in conjunction with Zoladz Construction and Alliance Contracting, were accused in a lawsuit of setting up a company called Arsenal Contracting with a figurehead disabled veteran in order to obtain service-disabled veteran-owned (SDVO) status.

This was a civil suit filed under the False Claims Act.

“Contracts are set aside for service-disabled-veteran-owned small businesses so to afford veterans with service-connected disabilities the opportunity to participate in federal contracting and gain valuable experience to help them compete for future economic opportunities,” said Acting Assistant Attorney General Chad A. Readler of the Justice Department’s Civil Division. “Every time an ineligible contractor knowingly pursues and obtains such set-aside contracts, they are cheating American taxpayers at the expense of service-disabled veterans.”

To qualify as a SDVO small business, a service-disabled veteran must own and control the company. Arsenal purported to be a legitimate SDVO small business but it was, in fact, managed and controlled by Zoladz and Lyons, neither of whom is a service-disabled veteran. 

“Detecting and discontinuing fraud, waste, and abuse committed by those who do business with the government remains a core function performed by this Office,” said Acting U.S. Attorney Kennedy. “That function, however, takes on additional significance when the target of the fraud is a program designed for the benefit of the heroes among us—our disabled veterans.

"Although this investigation did not uncover sufficient evidence to establish criminal liability by these entities and individuals, the multimillion-dollar civil judgment ensures that those involved pay a heavy price for their decision to divert to themselves resources intended for the benefit of those who have made supreme sacrifices on behalf of all.”

The U.S. Attorney's office said the alleged sham company had few employees of its own. Instead, it relied on Alliance and ZCCI employees to function. 

After receiving numerous SDVO small business contracts, government attorneys say Arsenal subcontracted nearly all of the work under the contracts to Alliance, which was owned by Zoladz and Lyons, and ZCCI, which was owned by Zoladz. Neither Alliance nor ZCCI was eligible to participate in SDVO small business contracting programs. 

Zoladz and Lyons were accused of carrying out their scheme by, among other things, making or causing false statements to be made to the U.S. Department of Veterans Affairs (VA) regarding Arsenal’s eligibility to participate in the SDVO small business contracting program and the company’s compliance with SDVO small business requirements.  

“This settlement demonstrates the commitment of the Department of Veterans Affairs, Office of Inspector General, the Department of Justice, and other law enforcement agencies to aggressively pursue individuals and companies that misrepresent themselves as service-disabled-veteran-owned small businesses and deny legitimately disabled veterans the opportunity to obtain VA set-aside contracts,” said Inspector General, Michael J. Missal of U.S. Department of Veterans Affairs, Office of Inspector General (OIG).

“The VA OIG will continue to work diligently to protect the integrity of this important program, which is designed to aid disabled veterans. I also want to thank the U.S. Attorney’s Office and our law enforcement partners in this effort.”

The settlement resolves a lawsuit filed under the whistleblower provisions of the False Claims Act, which permit private individuals to sue on behalf of the government for false claims and to share in any recovery. The civil lawsuit was filed in the Western District of New York and is captioned United States ex rel. Western New York Foundation for Fair Contracting, Inc. v. Arsenal Contracting, LLC, et al., Case No. 11-CV-0821(S) (W.D.N.Y.). As part of today’s resolution, the whistleblower will receive $450,000.

“Providing false statements to gain access to federal contracts set aside for service-disabled veterans denies the government opportunities to meet its abiding commitment to our nation’s veterans,” said Acting SBA Inspector General Hannibal “Mike” Ware. “The SBA’s Office of the Inspector General is committed to bringing those that lie to gain access to SBA’s preferential contracting programs to justice. I want to thank the Department of Justice for its leadership and dedication to serving justice.”

This matter was investigated by the Civil Division’s Commercial Litigation Branch, Assistant U.S. Attorney Kathleen A. Lynch of the U.S. Attorney’s Office for the Western District of New York, the FBI, the VA’s Office of Inspector General, the SBA’s Office of Inspector General, and Army CID.

Press Release from Zoladz Construction:

“The very complicated and frequently changing rules and regulations governing the Service Disabled Veteran Owned Small Business Program (SDVOSB) create inherent difficulties in maintaining constant compliance. These regulatory efforts lead to frequent challenges for participating SDVOSB businesses across the nation.

Even though we had legal advice that the formation of the SDVOSB involved was in compliance, the ever changing rules made it difficult to clearly stay within a difficult landscape of compliance. All contracts procured by the SDVSOB were performed to the satisfaction of the owners and all parties involved including subcontractors and material suppliers were fully compensated.

We are proud of our history and our service to the community. We are glad to have this matter fully resolved and look forward to continuing to serve the needs of our customers and community with award-winning construction work.”

In a note, the company added:

Please also note the official press release from The Department of Justice stated: “The claims resolved by the settlement are allegations only, and there has been no determination of liability." 

NOTE: Wording was changed in the story after receiving this note to reflect that these are "allegations only."

Darien Lake management reports that some patrons received minor injuries yesterday on the Silver Bullet ride.

Here's the statement released last night by Chris Thorpe, Darien Lake Theme Park manager:

At approximately 5:12 this evening, in the process of bringing the Silver Bullet to a stop, some guests received injuries, resulting in minor first aid response from the Darien Lake Medical Team. The Silver Bullet, and all of our rides, receive standard daily inspections each morning. After injuries were reported, our safety crews conducted an assessment and confirmed that the ride is operating safely within standard guidelines. Darien Lake will reopen tomorrow at 11 a.m. and the Silver Bullet will be operational.

Charles S. Ganoung IV is indicted for the crime of criminal possession of a weapon in the third degree, a Class D felony. It is alleged that on March 25 in the 6300 block of Transit Road in the Town of Byron that Ganoung possessed an assault weapon. According to the indictment, it was a DPMS Panther Arms semiautomatic .223-caliber rifle, equipped with a telescoping stock, pistol grip, detachable high-capacity magazine, loaded with 28 live rounds, flash suppressor/muzzle break and a bayonet mount. In count two, he is accused of the same crime for also allegedly possessing a large capacity ammunition feeding device. The indictment says it was a large capacity .223-caliber magazine loaded with 28 live .223-caliber rounds.

Tawny L. Collazo is indicted for the crime of aggravated driving while intoxicated, as a Class E felony. It is alleged that on May 25 in the Town of Pembroke that Collazo drove a 2013 Dodge on Route 5 while in an intoxicated condition and while a child 15 years of age or less was a passenger. In count two, she is accused of aggravated DWI, per se, as a Class E felony. In is alleged in count two that she had a BAC of .08 or more at the time with passenger age 15 or under. In count three, Collazzo is indicted for the crime of aggravated DWI as a Class E felony for allegedly driving while intoxicated while a second child age 15 or less was a passenger. In count four, she is again accused of aggravated DWI, per se, as a Class E felony, for allegedly having a BAC of .08 or more at the time with a second passenger age 15 or younger.

Michael J. Wojdyla is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on June 3 in the Town of Darien that Wjodyla drove a 2009 Chevrolet on Main Park Road while in an intoxicated condition. In count two, he is accused of DWI, per se, as a Class E felony, for allegedly having a BAC of .08 or more at the time.

Two vehicles left the scene, and two didn't leave the scene of a motor-vehicle accident in the area of 9548 Alleghany Road, Darien.

A chief on scene reports minor injuries. 

Darien fire responded.

Deputies were advised of the vehicles that fled the scene.

10638 Alleghany Road, Darien -- Offering $2,500 Buyer Bonus with acceptable signed contract by 9/30. Ask for details! Visit this well laid out ranch on awesome lot in the heart of Darien Center, which makes it close to all major routes for those who have to commute! This home has great space and super floor plan! All rooms are good size with closets. At the heart of the home is an open kitchen with dining area, large living room divided by awesome double sided stone fireplace, which makes it elegant and cozy at the same time! Off of living room is a large enclosed, all-season sun porch, which adds so much extra living space and looks over very deep back yard that backs up to Chestnut Hill Country Club for the golf lover or great scenery! There is an attached garage, huge basement and nice shed in back yard for all the extras! This is really a house worth looking at. Click here for more information on this listing.

10627 Alleghany Road -- Stop in and check out this cozy brick ranch in Darien hamlet with great neighbors! This home has loads of possibilities and plenty of spread-out room for its size! Hardwood floors throughout and mechanically up to date with newer furnace and metal roof. Downstairs features awesome walkout basement with great hobby shop and three additional rooms currently used as bedrooms and or playrooms...come check it out! Click here for more information on this listing.

The following people were arrested by the Genesee County Sheriff’s Office during the Matchbox 20 concert at Darien Lake Performing Arts Center on Monday:

Getchen L. Demeo, 52, of Coachmans Lane, Hamburg, is charged with trespass after allegedly opening an emergency exit and entering the Seagrams viewing deck where she had no right to be.

Multiple fire companies have been dispatched to 9792 Ridge Road, Darien, for a house struck by lightning with smoke reported in the residence.

Darian fire was initially dispatched.

Mutual aid requested from Alexander, Town of Batavia, Corfu, East Pembroke, Indian Falls, and City Fire.

UPDATE 11:23 p.m.: City's fourth platoon requested to the station. Emergency management requested to the scene.

Hofford Lindsay Ian, 53, of Bluff Trail, Nobleton, Ontario, Canada, is charged with: DWI; unauthorized use of a vehicle; leaving scene of an accident; refusal to take breath test; and moving from lane unsafely. Ian allegedly drove a golf cart without the owner's permission while at Darien Lake. While operating the golf car, Ian allegedly struck another vehicle and left the scene of the accident. He was jailed on $5,000 cash bail or $10,000 bond. 

Melissa R. Reinard, 24, of Pine Ridge Road, Cheektowaga, is charged with DWI, driving with a BAC of .08 or greater, and speeding. Reinard was stopped for allegedly driving 53 in a 35-mph zone in Corfu by Officer Richard Retzlaff.

Galen Bena Sundown, 24, of Council House Road, Tonawanda Indian Reservation, is charged with: DWI; driving with a BAC of .18 or greater; unreasonable speed; drinking alcohol in a motor vehicle; and driving on public highway while using a mobile phone. Sundown was reportedly involved in a personal-injury accident at 2:34 a.m. Sunday on Council House Road, Alabama. The accident was investigated by Deputy Howard Wilson and Deputy Howard Carlson.

Sandra J. Kessler, 45, of Lewiston Road, Batavia, is charged with DWI and driving while impaired by drugs. Kessler was arrested following an investigation of a reported suspicious condition on Ellicott Street, Batavia, by Deputy Howard Wilson, at 11:12 p.m. on Friday.

Anthony Professor Blackwell, 39, of George Urban Boulevard, Cheektowaga, is charged with criminal mischief, 3rd. Blackwell turned himself in on a warrant. He was jailed on $5,000 bail.

Punk rock band Green Day, along with special guest Catfish and the Bottlemen, performed last evening at Darien Lake Performing Arts Center in front of a nearly sold-out, jumping crowd. The band is on their Revolution Radio Tour opening with "Know Your Enemy," during which they asked a fan to join them on stage.

Billy Joe Armstrong and his head-spinning members have not lost the beat of their multi-decade followers, who continued to shake the venue to new levels. The explosive pyrotechnics of white and orange sparks heated up the zoo of many faces to be entertained.

The crowd was outspoken for singing lyrics of songs like "Welcome to Paradise," "American Idiot," "21 Guns" and "Good Riddance." The two-plus hours fueled an energetic night for all who attended.

A single-vehicle rollover accident is reported at 10058 Simonds Road. The vehicle rolled over several times, according to the person calling dispatch. The driver is unresponsive.

Darien Fire Department and Mercy medics are responding.

UPDATE: A male driver suffered serious injury. Taken to ECMC by Mercy Flight. A female passenger transported to strong by ground ambulance with non-life-threatening injuries. Sheriff's Office investigation underway. Crash Management Team on scene.

UPDATE 7:30 a.m.: The driver has been identified as Timothy W. Rohl, 51, of Cedarwood Terrace, Rochester. The passenger was Christine L. Ost, 41, who was also the owner of the 2005 Ford Escape. The vehicle was eastbound on Sumner Road when it failed to negotiate a left curve in the roadway and traveled off the east shoulder of Simonds Road. The vehicle rotated counterclockwise, traveling off the west shoulder of the road, down an earth embankment, which caused it to rollover and come to rest on its wheels facing south. The crash is under investigation and charges are pending. Unsafe speed is considered to be a factor in the crash. The investigation is being conducted by Sgt. Jason Saile, Investigator James Diehl, Deputy and Ryan DeLong. Assisting at the scene were Darien fire, Mercy EMS and NYSP.

Photo by Alecia Kaus/Video News Service.

A trial that Judge Charles Zambito expected to last four days stretched into a fifth day today with two-and-a-half hours of closing arguments by the two attorneys before the jury was given a chance to deliberate.

Deliberations didn't last long and David K. Atkinson was convicted of criminal sexual act in the first degree.

Atkinson was on trial for forcing a woman he was living with into performing oral sex on him.

It was an act he recorded live and streamed for a man living in Darien whom he apparently suspected of getting involved with the woman. This was apparently supposed to show the Darien man that the woman was still with Atkinson and staying with him.

Jamie Walsh, an attorney with the Public Defender's Office, represented Atkinson and argued that the sexual act was entirely consensual and that Atkinson and the woman had been cuddling before she agreed to perform the act and that she took her shirt off.

The incident started after Atkinson found text messages on the woman's phone between the woman and the man in Darien. This act was supposedly "makeup sex."

There was disagreement between the defense and the prosecution as to how a mobile phone came to be destroyed by a clawhammer and how Atkinson's guitar came to be used as a weapon against the television set in the residence.

Assistant District Attorney Robert Zickl said there was nothing about the event that suggested it was consensual, that the woman felt threatened and forced to perform the act. He said although the video is dark, the woman clearly still had her shirt on, and the language of Atkinson hardly fits his definition of "romantic." Besides, Zickl noted, it seemed odd that a man who claimed he had just been cuddling with his woman and was now getting a consensual and romantic sexual favor, still had his boots on and his pants buckled.

The following people were arrested by the Genesee County Sheriff’s Office during the Goo Goo Dolls concert at Darien Lake Performing Arts Center on Sunday:

A 17-year-old of Lincoln Avenue, Dunkirk, is charged with criminal possession of a controlled substance, 7th, and unlawful possession of marijuana after allegedly being found in possession of a controlled substance and marijuana.

Kevin R. Dawidowicz, 41, of Maywood Place, Buffalo, is charged with reckless endangerment, 2nd, after allegedly striking a Darien Lake security officer with his vehicle.

Kevin M. Buisman, 32, of Elmwood Avenue, Tonawanda, is charged with criminal trespass, 3rd, after allegedly entering the venue without a ticket.

Colleen K. O’Donnell, 26, of Warsaw Street, Cheektowaga, is charged with criminal trespass, 3rd, after allegedly entering the venue without a ticket.

Cody Z. Woodhouse, 28, of Robinson Street, Hamilton, Ontario, Canada, is charged with criminal trespass, 3rd, after allegedly entering the venue without a ticket.

Samuel P. McCaslin, 27, of Vahn Street, East Concord, is charged with trespass after allegedly attempting to re-enter the concert venue after being ejected and told not to return.