Darien

The following people were arrested by the Genesee County Sheriff’s Office in connection with the Chris Brown concert at Darien Lake Performing Arts Center on Wednesday.

Deparis C. Banks, 19, Pelham Road, New Rochelle, is charged with disorderly conduct after allegedly causing a disturbance after being ejected from the venue.  Banks was jailed on $100 bail.

Candise J. McKeiver, 21, Parkway Drive, North Chili, is charged with disorderly conduct after allegedly causing a disturbance after being ejected from the concert.

Passion V. Madlock, 22, Kerns Street, Buffalo, is charged with disorderly conduct after allegedly causing a disturbance while being ejected from the concert.

Nicholas J. Macaluso, 19, Oak Street, Bellmore, is charged with harassment, 2nd, and possession of alcohol with intent to consume after allegedly punching a security guard in the head and being under age 21 in possession of alcohol.

The following people were issued citations for allegedly possessing alcohol under age 21:

Kathryn E. Ziolo, 19, Amsdel Road, Hamburg
Kayleigh J. Forger, 19, Lorric Lane, Spencerport
Paul F. Grabowski, 19, Eaglesfield Way, Fairport
Lauren E. Milione, 19, Wedgewood Road, Newton, Mass.
Michelle A. Kay, 19, Pratt Street, Reading, Mass.
Brandon M. Angelo, 18, Red Hickory Drive, Rochester
Jamie M. Szafranski, 20, Frederick Road, North Tonawanda
Shelby M. Visniesky, 19, Kelvin Drive, Tonawanda
Sarah S. Signorelli, 18, 17th Street, Niagara Falls
Tyler M. Pulli, 18, Upper Mountain Road, Lewiston
Morgan A. R. Chrysler, 18, Mount Hope Road, Lewiston
Crystal L. Jensen, 20, Maple Road, Williamsville
Sean P. Talty, 18, Londonderry Lane, Getzville
Ashley L. Dipietro, 17, Misty Lane, East Amherst
Courtney A. Davis, 18, High Manor Drive, Henrietta
Briana M. Julian, 20, Bronson Hill Road, Avon
Matti M. Kwietniewski, 18, Aldrich Place, Buffalo
Cameron J. Cirincione, 17, Licia Lane, Webster

Kathryn Balbick-Bellamy won the Democratic primary for the Third Ward City Council seat Tuesday.

She beat Dan Jones 46-19.

Balbick-Bellamy was the party-backed candidate, with Jones deciding to run after party leaders made their nomination choice.

In Darien, winning the Republican primary for town board were Kathryn Phelps and Michael Fix. Phelps had 74 votes, Fix 70, with David Riker picking up 13.

In Bergen, Michael Johnson won the Republican primary for highway superintendent with 108 votes over Chad Roggow, 52.

In Alexander, William Schmieder picked up 108 votes while Roy Haller had 111, giving them both wins in the town board Republican primary over Eric Wagner, who had 93 votes.

Linda Jean Desnatis, 42, Main Street, Batavia, is charged with two counts of DWI with a child passenger under age 16, DWI, driving with a BAC of .10 or greater and two counts of endangering the welfare of a child. Following a complaint of a possible drunken driver, Desnatis's car was stopped at 7:45 p.m., Saturday, on West Main Street Road, Batavia, by Deputy Joseph Graff.

Francis T. Lacko, 29, of Johnstown, Pa., is accused of being a fugitive from justice. Lacko was arrested in Le Roy on Friday. Lacko was stopped in the Village of Le Roy after police received reports of a suspicious person going door-to-door selling magazines without a permit. Upon investigation, police found outstanding warrants for Lacko from three different states, including Pennsylvania. Among the charges faced by Lacko is fraud. Lacko was jailed without bail.

Paul Konieczny, 47, of 144 Harvester Ave., Batavia, is charged with DWI and three counts of failure to keep right. Konieczny was involved in a motor-vehicle accident at 9:20 p.m., Friday. He is accused of striking a street sign and two parked cars. The vehicles reportedly sustained significant damage. Konieczny reportedly suffered cuts on his face and was transported to UMMC by Mercy EMS.

Thomas Tyrone Gantt, 54, of Mount Hope Avenue, Rochester, was arrested at 8:04 p.m., Friday, on Clinton Street Road, Batavia, on a bench warrant out of Town of Gates Court. Gantt is accused of petit larceny.

Kerry Michael Simpson, 49, of Getman Road, Alden, is charged with DWI, driving with a BAC of .08 or greater, driving left of pavement markings in a no-passing zone and speeding. Simpson was stopped at 1:33 a.m., Saturday, on Erie Street, Darien, by Deputy Jason Saile.

Thomas Z. Wilson, 19, Michael A. Albini, 19, and Patrick W. Moran, 18, all of 113 S. Swan St., Batavia, are all charged with criminal nuisance and unlawful possession of alcohol under age 21. Wilson, Albini and Moran were arrested after allegedly hosting an underage drinking party at 12:22 a.m., Saturday.

Edward M. Davis Jr., 46, of 23 Oak St., lower, Batavia, is charged with criminal trespass. Davis is accused of remaining unlawfully in the apartment of a female acquaintance.

Latoya D. Jackson, 25, of 112 State St., lower, Batavia, is charged with petit larceny. Jackson is accused of shoplifting $12.50 in merchandise from the Dollar Store on East Main Street.

A 17-year-old resident of State Street is charged with disorderly conduct. The youth is accused of shouting obscenities while attending a football game at Vendetta Stadium at 9:45 p.m., Friday.

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

James R. Larson, 24, of Revere Place, Buffalo, is charged with disorderly conduct and resisting arrest after allegedly causing a disturbance after being ejected from the venue. Larson allegedly resisted arrest by fighting with deputies.  Larson was jailed on $500 bail.

Daniel W. Krulikoski, 28, of Miller Crescent Simcoe, Ontario, Canada, is charged with trespass after allegedly entering a food stand without permission.  Krulikoski was released on $100 bail.

Michael J. Carlo, 31, of Pennington Court, Amherst, is charged with disorderly conduct after allegedly causing a disturbance in the venue parking lot by attempting to fight with other exiting patrons.

Philip A. Azzaretto, 41, of Exchange Street, Alden, is charged with harassment, 2nd, after allegedly striking another subject in the face while at the concert.

Keith A. Hinckley, 20, of West Avenue, Ext., Medina, is charged with disorderly conduct and possession of alcohol under 21 after allegedly yelling obscenities in the parking lot, causing a disturbance and found to possess an alcoholic beverage.

The following people received citations for alleged possession of alcohol under age 21:

Shelby R. Eck, 17, of County Route 31, Scio
Cecellia M. Wilson, 19, of Loring Avenue, Wellsville
Dustin M. Ford, 19, of Allen Street, Allentown
Danielle J. Armfield, 19, of Baker Street, Andover
Lindsay L. Harris, 17, of Riverside Drive, Wellsville
Rebecca A. Oliver, 17, of River Road, Phoenix
Geoff C. Hall, 20, of Drager Avenue, Syracuse
Tara M. Morabito, 16, of E. Main Street, Hamburg
Gary J. Dellaneve, 17, of Davis Road, West Falls
Julia J. Golaszewski, 20, of Center Street, East Aurora
Steven D. Jackson, 18, of Dutch Street, Wolcott
Rebecca M. Rotunno, 17, of Claremont Avenue, Tonawanda
Emily A. Dziuba, 17, of Blakeley Road, East Aurora
Joseph J. Crane, 19, of Shelby Basom Road, Medina
Brandon T. Fuller, 17, of Prospect Avenue, Medina
Gerald R. Soule Jr., 20, of East Main Street Road, Batavia
Raymond D. Wilson III, 18, of Herrick Street, Oswego
Amber L. Bonito, 20, of Drake Settlement Road, Burt
Seth P. Esskuchen, 20, of Autumn Street, Williamsville
Seth R. Reardon, 19, of Columbia Avenue, Depew
Jonathan D. Hitchcock, 20, of Otego

Corfu and Darien fire departments are responding to a fire alarm at the Presbyterian Church of Corfu, located at 63 Allegany Road.

The alarm is indicating a problem in the basement, bathroom and pantry.

UPDATE 7:48 a.m.: Darien is told to stand down. The Corfu unit is held to one unit.

UPDATE 7:50 a.m.: The chief says "It was just burnt turkey. Corfu returning, in service."

A Dumpster fire has been reported at Darien Lake Theme Park in the area known as "the graveyard."

Darien Fire Department is responding.

Crowds are exiting the performing arts center from the Rockstar Energy Drink Uproar Festival.

Darien fire asked to respond to the back entrance. "It's the fastest way."

A multiple vehicle accident with multiple injuries is reported at 9049 Route 77. Corfu Fire Department and Mercy medics are en route.

UPDATE 2:15 p.m.: There are four vehicles involved. Darien Fire Department is also headed to the scene.

UPDATE 2:40 p.m.: Traffic is snarled near the accident scene. Traffic police are needed and they are seeking an available unit. A medic from Darien has transported one patient to UMMC.

UPDATE 2:59 p.m.: All Corfu units are back in service. A Sheriff's deputy is handling traffic detail.

UPDATE 3:13 p.m.: Darien units are about to clear the scene and when they do they plan to go to Alexander High School to stand by at the football game while Alexander Fire Department handles a race car accident.

Benjamin Gove Evans, 22, of West Main Street, Batavia, is charged with petit larceny. Evans is accused of shoplifting at Kmart in April.

Kristen L. Brightenfield, 18, of 6559 Main Road, Stafford, is charged with petit larceny. Brightenfield is accused of stealing a box of hair dye from Tops Market during the early morning hours of Wednesday.

Micaheal J. Elmore, 20, of Sumner Road, Darien, is charged with two counts of petit larceny. Elmore was arrested by the Wyoming County Sheriff's Office following an investigation into thefts in Orangeville. Elmore was identified as the suspect with the help of a pawnshop in Batavia. Another piece of stolen property was recovered in the Village of Attica.

Diane E. Winger, 46, of 329 Eva Road, Fort Erie, Ontario, Canada, is charged with driving while ability impaired and failure to keep right. Winger was stopped at 11:43 p.m., Sunday, on Snipery Road in Darien by Deputy Patrick Reeves.

Alicia M. Lyons, 31, of 17 1/2 Central Ave., Batavia, is  charged with criminal mischief, 3rd. Lyons was allegedly observed scratching the paint of a vehicle parked off of Central Avenue. Lyons was taken into custody by Officer Marc Lawrence.

Timothy Garrick Fitzgerald, 45, of Windsor Drive, North Tonowanda, is charged with DWI, driving with a BAC of .18 or greater, failure to signal lane change and moving from lane unsafely. Fitzgerald was stopped at 9:53 p.m., Friday, in the area of 4016 W. Main St. Road, Batavia, by Deputy Joseph Graff.

Sarah White Gilmartin, 35, of Norwalk Avenue, Buffalo, is charged with DWI, driving with a BAC of .08 or greater, dazzling headlights and no/insufficient tail lamps. Gilmartin was stopped at 2:10 a.m., Aug. 27, on Main Road, Pembroke, by Deputy James Diehl.

Russell R. Miles, 43, of 12 Lake St., Le Roy, is charged with criminal contempt. Miles was arrested following a report of a disturbance at 12 Lake St. Miles was allegedly involved in the disturbance with a person who was the subject of a stay-away court order. Miles was jailed on $1,000 bail.

Brett A. Simcick, 27, of Keeney Road, Le Roy, is charged with felony DWI. Simcick was stopped by Le Roy Police in the early morning hours Saturday for allegedly failing to stop for a stop sign on Hilltop Drive, Village of Le Roy. Simcick was jailed on $5,000 bail.

Matthew Alvin Johnson, 28, of Prestige Crossing Road, Batavia, is charged with DWI, driving with a BAC of .08 or greater, unlawful possession of marijuana and no plate lamps. Johnson was stopped at 1:46 a.m., Sunday, on Seven Springs Road, Batavia, by Deputy Patrick Reeves.

A 23-year-old woman was injured at 10:30 p.m., Saturday, when she was ejected from the back of the pickup truck she was riding in at Darien Lake State Park.

Deputy Chris Parker, who investigated the accident, said in his report that the driver, Jarrett P. Hayes, 22, of Doyle Road, Baldwinsville, was trying to take a curve at an unreasonable speed.

Hayes was cited for alleged unreasonable speed and reckless driving.

Injured was Ann M. Dale, who was transported by UMMC by private vehicle.

Six other people were in the truck. Nobody else was injured.

The Sheriff's Office reports 10 arrests and 50 citations issued in connection with the Toby Keith concert at Darien Lake Performing Arts Center on Sunday.

Raymond J. Kolas, 29, of Four Mile Run, Pittsburgh, Pa., is charged with harassment, 2nd, after allegedly striking a security guard while attempting to enter the concert venue with a false access pass. Kolas was released on $100 pre-arraignment bail to appear Oct. 11 at 5 p.m. in Darien Town Court.

Thomas E. White, 26, of Fitch Road, Ransomville, is charged with disorderly conduct after allegedly causing a disturbance in the concert grass parking lot.

Adam C. Hellwig, 26, of Olean-Portville Road, Portville, is charged with trespass after allegedly reentering the concert venue after being ejected and told not to return.

Andrew J. Whitmire, 25, of Stone Hill Road, Livonia, is charged with trespass after allegedly entering the concert venue without a valid ticket.

Robert D. Farnham, 25, of Campbell Blvd., Lockport, is charged with disorderly conduct and resisting arrest after allegedly causing a disturbance while leaving the concert and then resisting arrest.

Ari J. W. Maio, 26, of Mulberry Street, Rochester, is charged with trespass after allegedly entering the concert venue without a valid ticket.

Durst J. J. Buchebal , 21, of Clay Street, North East, Pa., is charged with unlawful possession of marijuana after allegedly possessing a small quantity of marijuana.

Adrianne M. Ceglia, 48, of Rapids Road, Lockport, is charged with harassment, 2nd, after allegedly pushing a security guard inside the concert venue.

Robert L. Burns, 57, of Barbadus Drive, Cheektowaga, is charged with harassment, 2nd, after allegedly pushing and attempting to punch a security guard inside the concert venue.

Joshua M. Carney, 20, of Wescott Street, Buffalo, is charged with false personation and possession with intent to consume alcohol after allegedly lying about his date of birth after being found in possession of alcohol.

The following people received citations for alleged underage drinking.

Bridget A. Kruszka, 20, of Dover Street, Lakeview
Shannon E. Yates, 19, of Garlow Road, Niagara Falls
Jamie L. Skrlin, 19, of Saunders Settlement Road, Lewiston
Jacob A. Piersc, 20, of Seneca Place, Lancaster
A 17-year-old of Meadowbrook Drive, Albion
Lucas J. Hellwig, 20, of Olean-Portville Road, Portville
A 17-year-old of Nash Road, North Tonawanda
A 17-year-old of Walmore Road, Wheatfield
A 17-year-old of Miller Road, Niagara Falls
A 17-year-old of Saunders Settlement Road, Niagara Falls
A 16-year-old of Center Pine Lane, Williamsville
A 16-year-old of Wood Acres Drive, East Amherst
Joshua M. Cohen, 18, of Valley Brook Lane, East Amherst
A 17-year-old of Driftwood Court, Williamsville
A 17-year-old of Arielle Court, Williamsville
Amira M. Sarkis, 20, of Long Pond Road, Greece
Dominique Estratti, 19, of Northwind Way, Rochester
Sean P. Federow, 19, of Marshall Road, Niagara Falls
A 17-year-old of East Rouen Drive, Cheektowaga
Cody D. Mayer, 19, of 5th Street Court, East Bradenton, Fla.
A 16-year-old of South Academy Street, Albion
A 16-year-old of Gilhooly Road, Alexander
Amanda M. Przybylski, 20, of Penora Street, Depew
Lauren M. Berner, 18, of Town Line Road, Lancaster
Karly D. Manges, 19, of Three Rod Road, Alden
A 17-year-old of David Road, Williamsville
A 17-year-old of Deveaux Street, Niagara Falls
A 16-year-old of North Military Road, Niagara Falls
A 17-year-old of Hermitage Road, Niagara Falls
A 17-year-old of Isherwood Drive, Niagara Falls
A 17-year-old of River Road, Niagara Falls
A 17-year-old of Colin Court, North Tonawanda
A 17-year-old of Switch Road, Stevensville, Ontario, Canada
Jason A. Michaud, 19, of O’Reilly Road, South Wainfleet, Ontario Canada
Brooke M. Lindsay, 20, of Birch Court, Port Colborne, Ontario, Canada
Sean A. G. Parker, 20, of Burnaby Road, Wainfleet, Ontario, Canada
Casey J. Benson, 20, of Union Street, Port Colborne, Ontario, Canada
Dylan D. Edwards, 19, of Knoll Street, Port Colborne, Ontario, Canada
Joshua R. Feith, 19, of Hwy. 3RR1, Wainfleet, Ontario, Canada
Landon S. Minor, 18, of Lakeshore Road, Wainfleet, Ontario, Canada
Sarah L. Pickersgill, 19, of Forest Avenue, Port Colborne, Ontario, Canada
Tage A. Crooks, 19, of Sherk Road, Port Colborne, Ontario, Canada
Jonathan L. Aarts, 20, of Pettit Road, Wainfleet, Ontario, Canada
Mark A. Kramer, 19, of Stanley Street, Port Colborne, Ontario, Canada
Markie L. M. Peyton, 18, of Clarence Street, Port Colborne, Ontario, Canada
A 16-year-old of Lakeshore Road, Port Colborne, Ontario, Canada
Saraya A. Madden, 18, of Shamrock Avenue, Port Colborne, Ontario, Canada
A 17-year-old of Lakeshore Road, Wainfleet, Ontario, Canada
A 17-year-old of Forks Road, Welland, Ontario, Canada

Apparently, traffic is moving slowly out of Darien Lake Theme Park following the Toby Keith concert.

A Sheriff's Office's sergeant checked with the deputy on the progress of one grass parking lot and the deputy responded, "They've moved one car length since I've been out here."

"Copy."

"If the rain keeps coming, they might need Noah's Ark to come get 'um," the deputy added.

UPDATE 11:27 p.m.: A Darien fire chief reports that the road is blocked at Sumner and Walker by a truck trying to pull a car out of a ditch. Law enforcement dispatched to the scene.

A person is reportedly unconscious after being assaulted by an assailant at the Crooked Creek Driving Range on Sumner Road, Darien.

The location is near Darien Lake Performing Arts Center where there is a Toby Keith concert tonight.

Law enforcement and Darien fire and ambulance in route.

Law enforcement is called to Darien Lake Theme Park in response to a complaint of a patron cutting a stuffed animal at a ring-toss game on the Midway. The stuffing is supposedly "all over the Midway" and the man refuses to heed the directives of security.

A fight is reported on The Hill across from the employee entrance of Darien Lake Theme Park off Sumner Road, Darien. The address is 1516 Sumner Road.

As many as 50 people are said to be involved.

Sheriff's deputies and State Troopers responding.

Fifteen volunteer firefighters from five companies in Genesee County are headed east this morning to assist in relief and recovery efforts in one of the hardest hit areas of the state from Hurricane Irene.

The volunteers gathered at the Emergency Servcies Training Center on State Street Road at 6:30 a.m. to be briefed on their mission by County Coordinator Tim Yaeger.

The group then headed to the Thruway to make it to Schoharie County by noon for a 72-hour deployment.

"They're in bad shape down there and now they've got more rain coming," said Yaeger, who was among the state's emergency coordinators dispatched to the region right after the storm hit.

The firefighters will be relieving other volunteers who have been working in the county since the storm hit last week.

"There's still places that are getting drops by Blackhawk helicopters of food and water because they're still isolated," Yaeger said.

Yaeger said it's amazing what these guys have signed up for with no pay. They will likely be sleeping on cots, living on pizza and pumping sewage out of basements during their 12-hour shifts.

They might also be called upon to deliver relief supplies to residents isolated by storm damage or just help with general clean up and recovery.

"And they're offended if I don't offer them a chance to go," Yaeger said. "These guys have been waiting for this for a week."

Darien Chief Dale Breitwieser couldn't make the deployment, but he was at the training center this morning to see off the three volunteers from his department.  He said it's events like this where you see that volunteers are a special breed of person.

"There will be volunteers there from all over the state and they'll all pull together," Breitwieser said.

Besides Darien, participating departments are Bergen, Town of Batavia and Stafford along with staff from Emergency Services.

Yaeger is not joining this group, though he may be deployed later today to Green County where a village of 700 people in the Town of Plattsville was wiped off the map. The town supervisor lost his house and his gas station and now he's trying to help his town through the devastation, Yaeger said.

The Albany Times Union has a photo slide show of the damage in Schoharie County.

A power outage that began this morning before the park opened has 10 rides closed at Darien Lake Theme Park, according to spokeswoman Cassandra Okon.

Darien Lake staff is investigating the loss of power and officials aren't sure when the rides will reopen.

Okon did not say which rides are closed.

Staff is unsure at this point if the power outage is due to a technical glitch with National Grid or a problem within the park itself.

James R. Straub, 37, of Stoneham, Mass., is charged with DWI and refusal to take a breath test. Straub is accused of driving a golf cart on a public road while under the influence of alcohol. Witnesses contacted dispatch at 8:40 p.m. Sunday to report that a man in a "clown suit" (as the photo shows, more like a wild golf outfit) had taken off in a cart owned by Terry Hills and was heading toward the City of Batavia on Clinton Street Road. Straub was eventually located at a residence in the city where he was taken into custody by Deputy Bradley Mazur. Straub was arraigned in Town of Batavia Court and committed to the Genesee County Jail without bail. Straub is reportedly out on $500. Batavia PD assisted in the investigation.

Douglas Brian Uberty, 39, of South Street Road, Le Roy, is charged with two counts of disorderly conduct. Uberty was taken into custody by Deputy James Diehl following an investigation into reports of a man in the Target store at 7:30 p.m., Aug. 17, attempting to look up the shorts and skirts of women in the store. Uberty is also accused of peeping over the wall of a fitting room in the women's department.

Shawn Dowain Phillips, 18, of Bartlett Street, Rochester, is charged harassment as a violation. Phillips is accused of dragging a person outside and punching the person in the face. The incident was reported at 1:44 a.m., Sunday.

Rexine Evelyn Johnson, 45, of Seldon Road, Le Roy, is charged with harassment, 2nd. Johnson is accused of pushing a female friend twice.

Vincente Antonio Torres, 20, of Willowen Drive, Rochester, is charged with DWAI, speeding (63 mph in a 40 mph zone) and driving out of class. Torres was stopped at 2:48 a.m., Saturday, on Main Street Road, Batavia, by Deputy Howard Carlson.

Ryan Andrew Grady, 20, of Pearl Street, Lancaster, is charged with unlawful possession of marijuana. Grady was found to allegedly possess marijuana while in the parking lot at Darien Lake at 11 p.m., Aug. 7, by Deputy Brian Thompson. 

A 17-year-old of Black Street, Sloan, is charged with unlawful possession of marijuana. The youth was charged after allegedly being found with marijuana while in a car parked at Darien Lake Theme Park by Deputy Brian Thompson.

Paul Anthony Swartz, 36, of Route 20 A, Orchard Park, is charged with unlawful imprisonment, 2nd. Swartz was arrested in Darien on a warrant out of Tonawanda. Swartz was turned over to Town of Tonawanda Police.

Charnika Darshae Givens, 19, of Northumberland Avenue, Buffalo, is charged with petit larceny. Givens is accused of shoplifting from the gift shop at Darien Lake Theme Park at 5:30 p.m., Aug. 6.

Sgt. James Hackemer, who died July 8 after being ejected from the Ride of Steel at Darien Lake Theme Park, boarded the roller coaster wearing a Brown Fox racing hat.

As the ride crested a hill on the east side of the ride, Hackemer's hat flew off his head. Witnesses described Hackemer reaching for the hat just before he was ejected from the ride.

Witness statements were obtain by The Batavian along with a complete Sheriff's Office report on the death of Hackemer through a Freedom of Information Law (FOIL) request.

They provide a few new details of the events surrounding Hackemer's death, including information that seems to contradict the official findings by the Department of Labor (DOL) that ride operators failed to comprehend ride rules and instructions.

Though there is still no explanation for why operators allowed Hackemer to board the Ride of Steel at about 4:30 p.m. that day.

The DOL report released Aug. 16 states:

After exhaustive review of all the documentation and interviews, it appears that the ride operator and ride attendent training materials met the requirements of the manufacturer; However, issues concerning the employees' comprehension of the training material and their ability to retain the associated requirements of their positions, specifically in reference to rider restrictions, became apparent.

Sheriff's Office investigators obtained written statements from all five Darien Lake employees associated with the ride at the time of the accident. The statements, written in each employee's own hand, demonstrate no inability to comprehend English.

Four of the employees are from Western New York and while a fifth is a Jamaican student in the United States on a student work visa, his statement doesn't demonstrate any inability to communicate in English.

Each employee was also required by Darien Lake management -- sometimes more than once in 2011 -- to sign statements indicating they had completed and comprehended required training.

According to a report prepared by lead investigator Sgt. Steve Mullen, the DOL's safety and health inspector -- Brian C. Kock, assigned to the industry inspection bureau -- informed him that all of the employees had taken and passed written exams on ride safety.

The training checklists shows the employees were trained in, among other things, height-checking procedures, ADA (Americans with Disabilities Act) loading and boarding procedures and standard operating procedure.

The training manual, as well as rules posted at the entrance and exit to the Ride of Steel, state explicitly that a person must have two legs to board the coaster.

The coaster has no shoulder harness, only a T-bar lap restraint and seat belts.

The DOL report said the restraints are designed to hold a patron in the ride not only at the lap, but also at the shin.

Hackemer, an Iraq War veteran, lost both of his legs, including one leg up to his hip, to a roadside bomb.

On July 8, Hackemer, along with his sisters, a nephew and his 4-year-old and 3-year-old children, checked into rooms at the Darien Lake Hotel two hours before Hackemer and nephew went to the theme park.

Upon entering the park, employees directed Hackemer to the guest information booth for ride safety instructions. Hackemer was offered a brochure on safety procedures at each ride, but claimed to already have a copy and refused it. He was then given instructions on how to board rides at the park.

Hackemer, wearing white shorts and a neon green T-shirt, and his 19-year-old nephew who was visiting from Maryland then proceeded directly to the Ride of Steel.

Three of the ride attendants write in their statements that they saw Hackemer board the ride -- being lifted into his seat by his nephew -- and noticed that he was missing both legs.

The statements give no indication that any of the operators thought any further about his handicap, discussed with him his ability to ride the roller coaster, sought out a supervisor's advice or otherwise took any steps to question whether Hackemer should be allowed on the ride or detain him in anyway.

The statements also indicate that the attendants knew nothing about Hackemer's situation, that he was a disabled Iraq War vet, at the time. He is described merely as a handicapped man seen getting on the ride.

Two attendants checked safety restraints for each of the riders in the cars. A third attendent checked an operation board that would display a red light if any of the T-bars were not locked in place. With all lights green, the two operators at two different control panels gave the all-clear signs and pressed their respective buttons to start the ride.

When the ride returned, passengers were screaming that a rider had fallen from one of the cars. All three operators on the boarding platform immediately noticed that Hackemer's seat was empty but that the restraints were still in place.

Witnesses on the ride all described seeing Hackemer's hat fly off his head and him reaching for it before seeing his body fly from his seat.

Hackemer's nephew described the ride coming to the crest of the hill and that he, the nephew, felt his own body lift out of the seat and then he saw his uncle fly from the car.

Evidence gathered at the scene indicate that Hackemer hit the front of the car and that Hackemer died instantly of blunt force trauma to his head.

An emergency medical response from the Darien Lake Fire Department and Mercy Flight was cancelled before law enforcement arrived on scene.

The veteran's dog tags were found on the ground near his body.

When the car pulled into the Ride of Steel boarding platform, one of the attendants said Hackemer's nephew was sitting in the front of the car not moving or saying anything.

Mullen did not request a written statement from the nephew because of his emotional and physical state. The nephew's statements contained in the report are from a verbal interview with him while he was at the theme park's medical station.

The ride attendants were an 18-year-old from Silver Lake, a 21-year-old from Lockport and a 23-year-old from Hamburg. 

The Jamaican exchange student, a 21-year-old living in Batavia for the summer,  was posted at the ride entrance and was in charge of ensuring riders were at least 54-inches tall. The Jamaican also saw Hackemer board the ride and noticed Hackemer was missing both legs.

Since Hackemer came in through the exit, which is point of entry for disabled patrons, there was apparently nobody in place to check his height. Hackemer was 47-inches tall on his left side and 39-inches tall on his right side.

The last employee to give a statement was a 24-year-old supervisor from Spencerport who arrived at the Ride of Steel just as Hackemer's car was arriving at the boarding platform. She did not witness Hackemer boarding the ride.

The Batavian is not releasing the names of the operators because there are no criminal charges anticipated. 

The Ride of Steel was closed for the season last week after an unrelated mechanical failure earlier this month.

Richard W. Rumble Jr., 26, of 9229 County Line Road, Akron, is charged with with aggravated DWI, driving with a BAC of .18 or greater, unsafe backing and leaving the scene of a property damage accident. Rumble allegedly backed into a car at a restaurant on West Main Street, Batavia, and then left the scene. Batavia Police Officer Kevin DeFelice stopped Rumble's car a short time later. The alleged incident was reported at 11:04 p.m., Saturday. 

Darik Robert Michael Orbaker, 19, of Elm Street, Batavia, is charged with two counts of criminal contempt, 1st. Orbaker allegedly violated an order of protection by being in the presence of the protected person.

John Thomas Harley, 32, of Gordon Street, Buffalo, is charged with aggravated unlicensed operation and operating with a suspended license. Harley was stopped at 5:10 p.m., Sunday, on Route 77 at Darien Lake by Deputy Chris Parker. Harley was then turned over to law enforcement out of Erie County on a family court warrant.

Gary Robert Murray, 55, of Gorton Road, Basom, is charged with criminal mischief, 4th. Murray is accused of recklessly damaging the car of another person during a confrontation with that person.

Timothy Philip Maher, 20, of John Street, Rochester, is charged with trespass. Maher was allegedly found at Darien Lake Theme Park Campgrounds at 6:50 p.m., Aug. 6, trespassing from site to site.

Jason Louis Buoni, 21, of Barton Street, Rochester, is charged with trespass. Buoni was allegedly found at Darien Lake Theme Park Campgrounds at 6:50 p.m., Aug. 6, trespassing from site to site.