Darien

A gunshot into a residence on Broadway Road, Darien, passed within a foot of the head of an occupant at about 4:30 p.m., Thursday, according to the Sheriff's Office.

Nobody was injured in the incident, but investigators are looking for information that might help them determine who fired the shot.

The projectile is identified as a .45 caliber sabot slug. The type is commonly used in a rifle-barreled shotgun, according to the Sheriff's Office.

The slug passed through a sliding glass door at the rear of the home from a southerly direction. It stopped when it struck a panel door.

Damage at the residence is estimated at $1,000.

The location of the residence is between Tinkham Road and Route 77.

Anybody with information that may assist in the investigation is asked to call (585) 343-5000.

A two-car accident with minor injuries is reported at Sumner and County Line roads. Darien Fire Department and medics are responding.

UPDATE 1:13 p.m.: One car is blocking westbound traffic.

UPDATE 1:39 p.m.: Two people, including a small child, are being transported to Millard Fillmore Suburban Hospital.

Leaha Rae Anne Wimmer, 20, of an undisclosed address in Darien, is charged with criminal possession of a forged instrument, 2nd. Wimmer is accused of using a forged/stolen check. She was jailed on $10,000 bail.

Brandon Nicholas Benz, 17, of Clinton Street Road, Batavia, is charged with harassment, 2nd. Benz is accused of pushing and shoving another person.

Joseph Anthony Mogavero, 19, of State Street Road, Batavia, is charged with unlawful possession of marijuana and possession/consumption of alcohol under age 21. Mogavero was arrested Saturday after Deputy Patrick Reeves was dispatched to Route 238 in Alexander for investigation of a suspicious vehicle off the roadway. Also charged with possession/consumption of alcohol under age 21 were Sean Patrick Francis Bodkin, 20, of Affinity Lane, Cheektowaga, Matthew Robert Blevins, 20, of Vernon Avenue, Batavia, and Nathan Alexander Demare, 19, of Brigham Road, Ferdonia.

Lucas George Yauchzee, 23, of West Bergen Road, Bergen, is charged with criminal possession of a controlled substance, 7th, and criminal possession of marijuana. Yauchzee's arrest comes after an investigation that began Dec. 26 when law enforcement responded to a report of a domestic incident at his apartment. Yauchzee is accused of possessing marijuana and hydrocodone.

A car struck a fire hydrant and broke a utility pole before leaving the scene at 10653 Alleghany Road. High tension wires were said to be hanging low to the ground, but Darien Fire Department, now on scene, says that's not the case.

The vehicle is now in the parking lot of the Darien Town Hall and law enforcement is out with it. The location of the accident is between Route 20 and Erie Road. The fire hydrant is dislodged but not leaking. The pole is upright, but sheared at the base, "somewhat attached to the ground" and will need immediate attention. The utility company has been notified and is sending out a crew right away.

UPDATE 2:40 p.m.: The driver is not injured and the vehicle is not leaking fluids. The officer who spoke with the driver is leaving the town hall parking lot and returning to the accident site.

UPDATE 2:42 p.m.: National Grid has a 20-minute ETA.

UPDATE: Photo submitted by Steven Easton.

The Grand Jury of Genesee County has issued the following indictments:

Kevin C. Johnson is indicted on a count of failure to register change of Internet access. Johnson, a convicted sex offender, is accused of not notifying authorities within 10 calendar days of a change in Internet access accounts.

James D. Ferguson is indicated on counts of DWI, driving with a BAC of .08 or greater and aggravated unlicensed operation. Ferguson is accused of driving drunk May 28 in Pembroke while having a revoked license due to a prior conviction in Buffalo in 2011 of driving while ability impaired.

Xzavier A. Davis is indicted on felony counts of DWI, driving with a BAC of .18 or greater and aggravated unlicensed operation. Davis is accused of driving drunk May 13 in the Town of Darien. Davis has a prior DWI conviction in the Town of Cambria in 2012.

Shawn A. Johnson Jr., is indicted on four counts of criminal possession of a forged instrument, 1st. Johnson is accused of possessing forged $20 bills in the Town of Darien.

Robert L. Hizer is indicted on counts of felony DWI, aggravated felony DWI and robbery, 3rd. Hizer is accused of driving drunk June 23 in the Town of Le Roy while children under age 15 were in the vehicle. He is accused of, on that same date, stealing $138 and a pack of cigarettes from the Wilson Farms store at 13 Lake St., Le Roy.

Laszlo Szabo is indicted on counts of felony DWI and driving with a BAC of .18 or greater. Szabo is accused of driving drunk Sept. 23 in the Town of Le Roy. Szabo has a prior DWI conviction from 2005 in the Town of Greece.

Crystal L. Kiebzak (inset photo), 30, of Darien, is charged with identify theft, 1st, criminal possession of stolen property, 5th, and unlawful possession of personal identification information, 3rd. Kiebzak was arrested after a three-month investigation by State Police into the suspected unlawful use of personal information to obtain merchandise at the Walmart in Batavia. Kiebzak is accused of using the identification of a relative to obtain more than $3,000 in merchandise.

Michael P. Murphy, 27, of 38 Columbia Ave., Batavia, is charged with assault, 3rd, endangering the welfare of a child and criminal mischief. Murphy is accused of punching and pushing another person during a domestic incident at 7:32 p.m., Monday. A child was allegedly in the vicinity of the incident. Murphy was jailed on $3,000 bail or $6,000 bond.

Linda L. Henry, 49, of 6 Maple St., Batavia, Michael J. Henry, 45, of 6 Maple St., Batavia, and Katrina L. Thigpen, 30, of 18 Maple St., Batavia, are charged with harassment, 2nd, and disorderly conduct. The trio were arrested following a police response by officers Jason Ivison and Eric Dibble to a report of a fight on Maple Street at 1:25 p.m., Monday. Thigpen is accused of punching another person in the face. Michael Henry is accused of pushing another person and causing that person to fall through a porch railing. Thigpen and Michael Henry were charged with harassment, 2nd. Linda Henry is accused of repeatedly yelling obscenities at police officers. She was charged with disorderly conduct.

Kevin J. O'Connell Jr., 32, and Samantha L. Johnson, 25, both of 466 Ellicott St., Batavia, are charged with criminal nuisance, 2nd, falsely reporting an incident, leaving the scene of a property damage accident, aggravated unlicensed operation, 3rd, and moving from lane unsafely (O'Connell on the vehicle charges). Batavia PD officers Thad Mart and Darryle Streeter responded to a report of a car hitting a house at 3:35 a.m., Saturday, at 499 Ellicott St., Batavia. The driver of the vehicle fled the scene before officers arrived. The investigation revealed that a vehicle was northbound on Ellicott Street when the driver lost control of the car and it left the roadway on the northeast side of the road. The vehicle drove through a lawn at 451 Ellicott St. before striking and becoming stuck underneath the front porch at 449 Ellicott St. Following interviews with witnesses, officers identified O'Connell as the suspected driver. During the investigation, officers determined that O'Connell and Johnson allegedly hosted an underage drinking party at their residence. Johnson is accused of initially telling officers that her car had been stolen by an unknown person.

UPDATE, to add arrest out of Wyoming County.

Andre Roberts, 20, of Perry Road, Pavilion, is charged with aggravated unlicensed operation, 3rd, and uninspected vehicle. Roberts was stopped by a Wyoming County Sheriff's deputy at 4:50 p.m., Nov. 8, on Keeney Road, Warsaw. He was jailed on $2,000 bail.

Todd Eric Weaver, 43, of Seven Springs Road, Batavia, is charged with criminal mischief, 2nd, and attempted assault, 2nd. Weaver was allegedly involved with a police pursuit at 5:45 a.m., Friday, when he allegedly used his car to strike a Medina PD cruiser on Skye Road, Tonawanda Indian Reservation, causing damage to the cruiser. Weaver is also accused of striking a mailbox on Skye Road. He was also issued citations for alleged failure to keep right, driving left of pavement markings and moving from lane unsafely. The reported pursuit of Weaver began in Orleans County and ended on Clinton Street Road, Stafford. Following his release from ECMC, Weaver was arraigned and jailed without bail.

Todd Eric Weaver, 43, of 8510 Seven Springs Road, Batavia, is charged with unlawful fleeing a police officer in a motor vehicle, 3rd, criminal possession of a weapon, 4th, criminal mischief, 4th, aggravated unlicensed operation, 2nd, reckless driving, unlicensed operation, failure to yield to an emergency vehicle, improper right-hand turn, open container, speeding and 11 counts of failure to stop for a stop sign. After receiving notification of a vehicle involved in a pursuit with Medina PD earlier in the morning, Officer Thad Mart observed a vehicle matching the description of the earlier pursuit. Mart attempted to initiate a traffic stop in the City of Batavia. The vehicle did not stop and led Mart and responding Batavia PD units on a pursuit. Weaver allegedly drove his vehicle over a lawn on East Avenue causing damage to the lawn. Weaver allegedly drove his vehicle to Clinton Street Road and proceeded north on Clinton Street Road, out of the city and into the Town of Stafford. Sheriff's deputies joined the pursuit. Weaver's vehicle reportedly managed to avoid spikes placed in the road in an attempt to end the pursuit. Weaver's vehicle stopped on Clinton Street Road when it ran out of gas. A .22-caliber rifle was allegedly found in the vehicle. Weaver is reportedly barred from possessing firearms because of a prior felony conviction. Weaver was jailed without bail. Additional charges are pending from the Sheriff's Office, Batavia PD and Medina PD.

Dawn Marie Gagliano, 33, of Broadway Road, Darien, is charged with DWI, driving with a BAC of .18 or greater, failure to keep right, open container and criminal possession of a controlled substance. 7th. Gagliano was charged following a one-vehicle accident at 1:52 a.m., Saturday, on County Line Road, Darien. The accident was investigated by Deputy Matthew Fleming.

Philip M. Robinson, 22, Ellicott Street Road, Batavia, is charged with DWI and driving with a BAC of .08 or greater. Robinson's 2006 Pontiac was located at 2:21 a.m., Sunday, unoccupied with its lights on. Robinson was reportedly located a short distance from the vehicle by Sgt. Greg Walker. Upon investigation, Walker determined Robinson had allegedly been operating the vehicle while intoxicated.

Michael Thomas Coffey, 43, of Heritage Estates, Albion, is charged with petit larceny. Coffey is accused of consuming food at the Yellow Goose in Elba and then leaving with out paying for the food.

Matthew K. Surdyke, 26, of Greeley Street, Rochester, is charged with criminal possession of a controlled substance, 7th, unregistered motor vehicle and uninspected motor vehicle. Surdyke's vehicle was stopped by Deputy Brian Thompson at 5 p.m., Thursday, on Buffalo Road, Bergen, for a passenger allegedly not wearing a seat belt. Surdyke was allegedly found in possession of suboxone.

Lena M. Evans, 25, of 34 Maple St., upper, Batavia, is charged with petit larceny. Evans is accused of shoplifting from Dollar General merchandise valued at $8.64.

Woodrow C. Horseman, 36, of 5049 E. Main St. Road, Batavia, is charged with petit larceny. Horseman is accused of stealing $91.98 in merchandise from Plaza Spirits in Eastown Plaza at 3:42 p.m., Friday. Horseman was located by Officer Eric Dibble on Sunday.

Gregory Seppe, 54, no permanent address, is charged with appearance in public under influence of narcotics or drug other than alcohol. Seppe allegedly had three police contacts in less than four hours early Sunday morning where he appeared to be under the influence of narcotics.

Otis E. Hardy, 54, of Pensacola, Fla., is charged with forcible touching and criminal trespass. Hardy was arrested by State Police at 11:10 a.m., Saturday, at 8204 Park Road, Batavia. Hardy was held in jail. No other details released.

A family's Sunday drive through Darien turned fatal today after a driver swerved into oncoming traffic to avoid a car making a left-hand turn from Route 20 onto Warner Road.

Audrey Gleason, 55, of Baldwinsville, was pronounced dead ECMC after being transported there by Mercy Flight following the 3:08 p.m. accident.

Gleason was in the passenger seat of a white Toyota Rav 4, driven by her husband, Dennis Gleason, 58.

Their 16-year-old dauther, Kelly, was in the back seat and was also seriously injured. A second Mercy Flight helicopter transported her to Women's and Children's Hospital in Buffalo.

Their vehicle was hit head on by a red Chrysler 300 driven by Gerald Kania.

Kania was westbound after getting off work.

At Warner Road, a black 2007 Chevy Trail Blazer driven by Darlene Clark had stopped to make a left-hand turn.

Kania said he was distracted for a moment and did not see Clark stopping to turn. He swerved left to avoid rear-ending her vehicle. He sideswiped the Chevy, damaging a taillight and the driver's side mirror.

A fraction of a second later, the Rav 4 and the Chrysler slammed head-on.

The accident location was directly in front of 1081 Broadway, the location of a house fire in January 2011. The owner of the property has numerous stored items she has been selling in her front yard recently, including today. She said she did not see the accident.

Dennis Gleason was transported by Mercy EMS to ECMC.

Kania suffered a leg injury and was transported to ECMC by ground ambulance.

Darien Fire Department responded to the scene and Corfu fire and Alden fire provided traffic control on Route 20.

Route 20 was closed from 3 p.m. until 6:40 p.m.

A head-on collision is reported at Route 20 and Warner Road. One person is unconscious. Mercy Flight is on in-air standby. Darien Fire Department, Mercy medics and law enforcement are responding.

UPDATE 3:21 p.m.: Mercy Flight is called to the scene and it has about a five-minute ETA. Corfu Fire Police are asked to shut down traffic at Route 20 and Route 77. Traffic will also be stopped at Broadway and Harlow roads. Several ambulances are headed to the scene.

UPDATE 3:25 p.m.: Corfu responders are told to use caution when approaching the scene as southbound traffic on Route 77 "is busy and there's no where to pull over." It appears there are only two vehicles involved. Mercy Flight 5 out of Batavia is about to land.

UPDATE 3:28 p.m.: A second Mercy Flight helicopter is called for.

UPDATE 3:30 p.m.: Mercy Flight 7 out of Buffalo is flying in, with a 12-minute ETA.

UPDATE 3:35 p.m.: A third vehicle was also involved in the accident.

UPDATE 3:48 p.m.: The second bird has landed. Two patients will be transported in Mercy rigs and each helicopter will have a patient on board. Buffalo General Hospital is the only destination mentioned so far.

UPDATE 4 p.m.: All patients are going to Erie County Medical Center.

UPDATE 4:10 p.m.: The roadways will remain closed until the accident investigation is completed.

UPDATE 6:40 p.m.: Route 20 is reopened.

This morning, I was out of the house early with the specific intention of driving to Darien Lakes State Park to get a picture of the sunrise over Harlow Lake. It's sort of been on my list of local pictures to get for a couple of years.

Below, another picture from Darien Lakes, and a landscape taken on Walker Road in Darien.

A barn at 3105 Countyline Road, Darien, was destroyed in an overnight fire that required firefighters from eight area fire companies to be on scene from just before 2 to just after 6 a.m.

Darien Fire Department, with mutual aid from Corfu, Alexander, Pembroke, Indian Falls, Crittenden, Bennington, Alden and Batavia City's FAST Team all responded to the scene, along with Emergency Management Services and Mercy EMS.

Trustees from Attica prison responded to help with clean up once the fire was out.

The intial call came in at 1:53 a.m. The barn was reportedly "already on the ground" according to a Darien chief when first arriving on scene.

The cause of the fire has not been determined.

UPDATE: The property is owned by J. Daniel Oles and Jane M. Oles. The cause remains unknown, possibly electrical or overheated damp hay. The barn is described as a storage barn. It contained an Allis Chalmers Combine, John Deere Round Bailer, corn planter, three freezers, tools and supplies for the farm. There was no natural gas or propane run to the barn, electricity only. The barn was last entered at 8 p.m by Andrew Oles, who saw or smelled nothing out of the ordinary. The initial caller reported seeing the second floor "lit up and on fire" when she called. Alden firefighters were first on scene.

View Larger Map

An injured horse, possibly struck by a car, is running down Route 77 near Herkimer Road in Darien. The brown and white horse is said to be hobbling quite a bit as though it has a broken leg. Law enforcement is en route.

UPDATE 3 p.m.: A passerby reported seeing a man wearing an orange hat walking the horse. A person is going to take an officer to the home where he thinks the man took the horse after corraling it.

UPDATE 3:17 p.m.: The horse was found safe and sound. "It's a lame horse and was never involved in any accident with a vehicle," says the officer.

Brandon M. Maldonado, 24, of 146 Summit St., Batavia, was arrested on warrants for alleged petit larceny and criminal mischief. Maldonado was located at the scene of the fire Sunday night at 140 Summit St.

Bethani M. Dibble, 20, of 146 Summit St., Batavia, is charged with DWI, driving with a BAC of .08 or greater and leaving the scene of a property damage accident. Dibble allegedly drove her vehicle into the porch and fence of her residence and then left the scene of the accident at 2:38 a.m., Saturday.

Daniel E. King, 36, of 2058 Phelps Road, Basom, is charged with petit larceny and harassment, 2nd. King is accused of stealing a can of Mike's Hard Lemonade from a convenience store on West Main Street and then hitting the store manager when confronted.

Daryl R. Hamler, 18, of 6786 Westcott Road, Le Roy, is charged with unlawful possession of marijuana. Hamler was charged after allegedly being found in possession of marijuana while driving through a DWI checkpoint on Clinton Street.

Alicia M. Stanwick, 21, of 318 E. Main St., Apt. 2, Batavia, is charged with DWI, driving with a BAC of .08 or greater and inadequate stop lamps. Stanwick was stopped at 1:36 a.m., Sunday, on Main Street, Batavia, by Officer Marc Lawrence.

Katelyn Louise Hodgins, 24, of Pringle Avenue, Batavia, is charged with DWI, driving with a BAC of .08 or greater, driving left of pavement markings and open container. Hodgins was stopped at 1:17 a.m., Saturday, on Seven Springs Road, Batavia, by Sgt. Greg Walker.

Thomas Allen Pfalzer, 45, of Harper Road, Darien, is charged with DWI, driving with a BAC of .08 or greater, driving while on a mobile phone, consumption of alcohol in a motor vehicle and unlawful stopping or parking in the roadway. Pfalzer was allegedly located at 2:04 a.m., Saturday, in his vehicle stopped on Sumner Road, Darien, talking on his mobile phone. Upon investigation by Deputy Jason Saile, Pfalzer was allegedly found to be intoxicated.

Darrell Jerrod Holloway, 44, of Crowydon Road, Rochester, was arrested on a bench warrant for alleged failure to pay a fine. Holloway was taken into custody following his release from the Elmira Correctional Facility, where he was held on an unrelated matter. Holloway was jailed pending a court appearance.

Tyanna Desiree Green, 17, of Lewis Place, Batavia, is charged with petit larceny. Green allegedly stole two CDs from Kmart.

An ambulance is being dispatched to a car-into-pole accident in the area of 9768 Colby Road, Darien.

Darien Fire Department and law enforcement on scene.

The ambulance is requested for evaluation of a subject due to airbag deployment.

UPDATE 10:59 p.m.: The pole is still standing, but it's cracked. National Grid notified.

UPDATE 11:32 p.m.: All units back in service.

Laurie J. Lerkins, 35, of 8 Erie St., Le Roy, is charged with unlawful possession of marijuana. Lerkins was reportedly driving a vehicle stopped on Wolcott Street by Le Roy PD early Saturday morning for alleged broken tail lamp. Upon investigation, officers found Lerkins allegedly possessed multiple small bags of marijuana. During the stop, police identified Jose Del Carmen Hernandez-Zarate, 26, and with the assistance of the Border Patrol determined Hernandez-Zarate, who was reportedly working on a farm in East Bethany, was in the country illegally. Hernandez-Zarate was turned over to the Border Patrol for immigration proceedings.

Laszlo Szabo, 59, of 8687 Keeney Road Le Roy, is charged with felony DWI, aggravated driving with a BAC of .18 or greater and improper right turn. Szabo was observed Sunday night making an allegedly wide right turn of Mill Street onto Lake Street, crossing fully in to the oncoming traffic lane. Szabo was stopped by Le Roy PD and subsequently arrested.

Booker T. Ricks III, 41, of 7 Chestnut St., Apt. #1, Batavia, is  charged with criminal obstruction of breathing or blood circulation. Ricks was allegedly involved in a domestic incident and is accused of choking a victim.

John W. Williams III, 20, of 8170 Batavia Stafford Townline Road, Batavia, is charged with DWI, driving with a BAC of .08 or greater, improper right turn, uninspected vehicle and unlicensed operator. Williams was stopped at 2:09 a.m., Sunday, on West Main Street, Batavia, by Sgt. Dan Coffey.

Joseph Alan Home, 21, of West 5th Street, Erie, Pa., is charged with unlawful possession of marijuana. Home was stopped for allegedly speeding at 8:35 p.m., Sunday, on Ellicott Street Road, Batavia, by Sgt. Greg Walker. Home was allegedly found in possession of marijuana.

Raymond Kyle Jonathan, 23, of Bloomingdale Road, Alabama, was arrested on bench warrants related to charges of DWI, driving with a BAC of .08 or greater and aggravated unlicensed operation. Jonathan was arrested at his place of employment in Clarence and jailed on $250 cash bail or $1,000 bond.

Miguel Angel Valencia, 37, of Halfianen Street, Grand Junction, Colo., was arrested as a fugitive from justice. Valencia was an inmate at the Buffalo Federal Detention Center in Batavia. Valencia is wanted in California on a child molestation charge. Valencia was arraigned and jailed without bail awaiting extradition.

Jerrell Jordan Travis Jones, 24, of North Spruce Street, Batavia, was arrested on a warrant for alleged failure to pay fine. Jones was arrested upon his release from the Genesee County Jail, where he was held on an unrelated matter. Jones was arraigned on the charge and released.

Robert L. Murray, 36, of Darien, is charged with felony DWI. Murray was stopped by troopers Sunday on Route 5 in Batavia. Murray's BAC was allegedly .15, according to State Police.

Dylan T. Rotella, 19, of Rochester, is charged with unlawful possession of marijuana. A trooper reportedly came upon an unoccupied vehicle with its doors open outside a Batavia business and upon locating and interviewing Rotella, it was determined he allegedly possessed marijuana.

Robert L. Knight, 44, of Rochester, is charged with petit larceny, criminal impersonation and consumption of alcohol in a motor vehicle. Troopers responded Saturday to a report of a subject trying to steal scrap metal from Bergen Auto Recycling. Employees of the business detained Knight briefly until troopers arrived. Upon arrival, troopers determined Knight allegedly hid scrap metal in the trunk of his vehicle. When interviewed, Knight allegedly provided troopers with a false name. He was jailed on $1,000 bail. Robert L. Knight Jr., 18, of Rochester, was determined to be the alleged driver of the vehicle and he was charged with unregistered motor vehicle, uninsured motor vehicle, switched plates, and operating without a driver’s license.

Press release:

Town Justice of Darien, the Honorable Gary A. Graber, was sworn in as the president of the New York State Magistrates Association on September 11th during the 103rd Annual Conference and Certified Advanced Training Program of the New York State Magistrates Association held at the Sheraton University Hotel and Conference Center, Syracuse, New York, Sept. 9-12, 2012.

More than 250 local judges from all areas of New York State took part in the four day event, which combines the State Magistrates Association Annual Meeting and Conference with the Advanced Training Courses which are required by New York State for all town and village justices in the Unified Court System.

The Honorable Timothy Cooper, past president and town justice of Evans was the toastmaster for the Intallation Banquet. Honorable Gary Graber was sworn in by his co-judge the Honorable Michael S. Davis.

Among the many in attendance were: President Graber’s father, Donald Graber; brother, Tim Graber; son, Sgt. 1st Class Matthew A. Graber of the Army; daughter-in-law, Capt. Emily Graber of the Army; grandson, Ian Graber; son, Capt. Jason P. Graber of the Virginia Metropolitan Airport Authority Fire Department; and daughter-in-law Kelly Graber. Also recognized for attending the swearing-in ceremonies were Retired Justice Edgar Hollwedel, Retired Justice Charles Dusen, Retired Justice Gary Davis and his wife, Diane.

The keynote speaker at the banquet was Senator John A. DeFrancisco who proudly represents the 50th District in the New York State Senate. During the banquet, Senator DeFrancisco was presented the “New York State Magistrates Association’s Amicus Curiae Award,” which recognizes individuals other than members of the judiciary for extraordinary contributions to the Courts of New York State.

The major purposes of NYSMA are the maintenance and support of the local judiciary through education and coordination with the New York State agencies regarding laws and other matters affecting local courts, “The Courts Closest to The People.” NYSMA works closely with the Office of Court Administration to assure the training enhances the professional development of the judges and is relevant to the practical situations encountered in the local courts.

Presentations over the four-day event were made by the Office of Justice Court Support, City, Town and Village Resource Center, The 5th Judicial District, Peter Gerstenzang, Esq., Onondaga Commissioner of Jurors, Onondaga District Attorneys Office, Commission of Judicial Conduct, Gary T. Kelder, Esq. Professor of Law for the Syracuse University College of Law, Office of Court Administration, NYS DEC Outreach Program, NYS OASAS, many town and village judges, as well as many of our officers and directors of the New York State Magistrates Association.

Submitted photo: Graber, right, is congratulated after being sworn in by Darien Town Justice Michael Davis.

A Niagara Falls police officer accused of hitting a fellow concertgoer inside a women's room at Darien Lake Performing Arts Center on Aug. 25 could face a Class A misdemeanor charge of assault in the third degree, according to her attorney.

Attorney Norm Effman, out of Warsaw, said he was retained today to represent Kelly L. Alcorn (top photo), a 23-year veteran of the police force, who was initially arrested on a Class B misdemeanor charge of harassment, 2nd.

A woman who claims she was the victim of Alcorn has reportedly contacted the District Attorney's Office requesting more serious charges be levied against Alcorn.

Elizabeth R. Dake, 45, of Farmington, reportedly told the Buffalo News that she suffered a concussion and bruises and that she missed nine days of work as a result of the confrontation.

The fight, according to court documents, appears to have involved at least four women and may have escalated after Dake intervened on behalf of a woman Alcorn was yelling at, according to her statement, for cutting in line.

Dake reportedly told Alcorn to relax and stop yelling.

Alcorn then allegedly turned on Dake and punched her and threw her into a bathroom wall. Dake fell to the ground and Alcorn allegedly began hitting Dake while she was down.

An uninvolved witness reportedly told Deputy Lonnie Nati that Alcorn was "flailing her arms like a windmill throwing wild punches."

Another witness reported seeing Alcorn use a closed fist to allegedly strike Dake.

Also arrested that night was Karen M. Walker, 35, of Niagara Falls, on a charge of harassment, 2nd. Walker allegedly hit another patron who tried to prevent Alcorn from allegedly hitting Dake.

Effman told Darien Town Justice Gary Graber that he was informed today that a new charge of third-degree assault could be filed against his client.

Outside of court, Effman said it's his understanding the investigation is still open, which means Alcorn may yet face a felony charge.

A felony charge, such as assault ,2nd, would likely jeopardize Alcorn's law enforcement career.

Effman said both the prosecution and defense are awaiting medical reports, which will provide details on the seriousness of the alleged injuries and determine the charge to file against Alcorn.

Assault, 3rd, requires only injury to the victim and assault, 2nd, requires serious physical injury.

Today, hours prior to Alcorn's appearance in Darien, District Attorney Lawrence Friedman said no decision has been made yet on what charges Alcorn may face.

In court, while waiting for her case to be called, Alcorn sat with Walker. After her case was over, Alcorn waited for Walker's case to be heard -- Walker also pled not guilty -- and the two women left the courthouse together.

Alcorn is scheduled to reappear in Darien Town Court on Oct. 23 and Walker on Sept. 25.

Asked if there are two sides this story as there are to every story, Effman said, "There’s always three sides to every story. It depends on how many people and how they view events. We don’t really know what’s going to happen. We haven’t seen any medical evidence. We’re simply at the beginning of the process. We’ve entered a plea of not guilty and that’s our position."

UPDATED Tuesday, 8:36 a.m. with additional info from Sheriff's Office press release.

A Finger Lakes-area woman has reportedly written the District Attorney's Office and requested charges against a woman arrested at the Aug. 25 Jason Aldean concert be upgraded to a felony.

The suspect, 47-year-old Kelly Alcorn, is a 23-year veteran of the Niagara Falls Police Department, according to the Buffalo News.

Alcorn, of Town Hall Terrace West, Grand Island, was arrested at the concert for second-degree harassment, but Elizabeth Dake, 45, in a letter she sent to the News, describes a more serious attack.

Dake said she suffered a concussion and bruises and she missed nine days of work.

According to the News article, Dake accuses Alcorn of slamming her into a cement wall, punching her in the head, neck, arm and back.

A Sheriff's Office press release alleges that Alcorn punched a female in the face several times. Alcon was issued an appearance ticket returnable to Darien Town Court at 5 p.m. today.

Niagara Falls Police Superintendent John R. Chella said the department is awaiting a determination on whether the charges will be upgraded. A felony charge could cost Alcorn her job.

Full Story from the Buffalo News.

The following people were arrested by the Genesee County Sheriff’s Department during the KISS concert at Darien Lake Performing Arts Center on Saturday.

Traci L. Bartlett, 43, of Beach Road, Syracuse, is charged with harassment, 2nd, and resisting arrest. When deputies attempted to arrest Bartlet she allegedly physically resisted being taken into custody. After being transported back to the security trailer, Bartlett allegedly kicked an officer that was walking past her. Bartlett was jailed on $500 bail.

Pamela Loughridge, 44, of Buffalo Street, Churchville, is charged with of harassment, 2nd, after allegedly fighting with a security guard. Loughridge allegedly bit the security officer and hit him in the throat. Loughridge was jailed in $250 bail.

Wes R. Schraufstetter, 39, of Niagara Street, Buffalo, is charged with of disorderly conduct. Schraufstetter allegedly engaged in disruptive and threatening behavior which was directed toward security officers and deputies. Schraufstetter was jailed on $250 bail.

Kyle J. Burdick, 23, of North Lyon Street, Batavia, is charged with of disorderly conduct. Burdick allegedly engaged in disruptive and threatening behavior which was directed toward his girlfriend, security officers and deputies. Burdick was jailed on $250 bail.

Bryan J. Sheridan, 31, of Reddick Lane, Rochester, is charged with trespass for allegedly refusing to leave the concert venue after being told to leave on several different occasions.

John A. Williams, 45, of 32nd Drive, Queens, is charged with trespass after allegedly jumping a fence in order to gain access to the concert venue.

Tracy A. Piller, 35, of Euclid Avenue, Bradford, Pa., is charged with trespass after allegedly refusing to leave the concert venue after being told to leave on several different occasions.

Brett M. Ferrington, 26, of Route 39, of Chaffee, is charged with of disorderly conduct. Ferrington allegedly engaged in disruptive and threatening behavior which was directed toward both security officers and deputies.

Michelle L. Shimburski, 24, of Genesee Street, Chaffee, is charged with of disorderly conduct. Shimburski allegedly engaged in disruptive and threatening behavior which was directed toward both security officers and deputies.

Michael J. Discipio, 43, of Bernhardt Drive, Amherst, is charged with of disorderly conduct. Discipio allegedly engaged in disruptive and threatening behavior which was directed toward both security officers and deputies.