Darien

Lisa Rene Richmond, 22, of 3181 Dodgeson Road, Alexander, is charged with endangering the welfare of a child. Richmond is accused of maintaining squalid living conditions with her 2-year-old son living at the house. Department of Social Services and Child Protective Services are following up on the case.

Lynda Rae Morrill, 44, of 3181 Dodgeson Road, Alexander, is charged with endangering the welfare of a child. Morrill is accused of allowing her 2-year-old grandson to live in squalor.

Leslie G. Cannon, 46, of 9022 Linwood Road, Le Roy, is charged with unauthorized use of a vehicle, 3rd. Cannon is accused of borrowing a car and then refusing to return it at the agreed upon time.

Shannon Victoria Albano, 25,  of 1523 Friedman Road, Darien, is charged with DWI, driving with a BAC of .08 or greater and improper right turn. Albano was stopped at 1:03 a.m., Monday, on Griswold Road in Darien by Deputy Jason Saile.

Javonie E. McKinney, 36, of 705 Viking Way, Brockport, is charged with DWI, aggravated unlicensed operation, improper lane change and leaving the scene of an accident. McKinney was driving on Bank Street in Batavia at 12:40 a.m., Saturday, when he allegedly struck a utility pole. He then allegedly drove from the scene and was located later at Bank and North streets.

Brandon C. Dodd, 23, of 41 Maple St., Batavia, is charged with harassment, 2nd, Dodd is accused of going to the house of a woman and threatening to hurt her. He was jailed on $2,000 bail.

Summer Marie Morley, 26, of 36 Exchange St., Apt. C, Attica, is accused of DWI, driving with a BAC of .08 or greater and moving from lane unsafely. Morley was stopped at 12:45 a.m., Saturday, by Deputy Jason Saile on Route 238 in Darien.

Tiffany M. Miller, 20, of Rochester, is charged of petit larceny. Miller was arrested by State Police at 2:11 p.m., Friday, at Kmart.

A 17-year-old from Batavia is charged with criminal mischief and criminal contempt. The youth was arrested in Batavia by State Police at 6:50 p.m., Friday.

Brandon M. Culliton, 23, of Batavia, is charged with unlawful possession of marijuana and DWI. Culliton was stopped by State Police at 9:10 p.m., Thursday, on Route 262 and Bank Street Road, Byron.

David R. Elliott, 20, of Wyoming, is charged with DWI, driving with a BAC of .08 or greater, leaving the scene of a personal injury accident and possession alcohol by a person under 21. Elliott was arrested by Le Roy Patrolman Daryl Robb following an accident in which a car reportedly driven by Elliott struck a utility pole on South Street.

Cassi Ann Schutt, 23, of 111 Washington Ave., lower, Batavia, is accused of criminal possession of a controlled substance and endangering the welfare of a child. Deputies came into contact with Schutt as the result of an investigation into two young children found wondering on Route 33 at 9:05 a.m., Wednesday. Schutt is accused of keeping the children in a situation that was unfit and improperly supervised.

Lonnie Ann Fairbanks, 43, of 5263 Clinton St., Apt. 1, Batavia, is charged with criminal possession of a controlled substance and unlawful possession of marijuana. Deputies came into contact with Fairbanks while investigating a possible endangering-the-welfare -of-a-child case at 5263 Clinton St. Road. Deputy Brian Thompson reports that he found Fairbanks allegedly in possession of Schedule IV Propoxyphene and marijuana both in the residence and in her car. Thompson reports the alleged drugs were in plain sight.

Jay Daniel Lucas Schutt, 22, of 2 Gas Lite Lane, Batavia, is charged with criminal impersonation. Schutt allegedly gave deputies a false identity and fake birth date during an investigation on Clinton Street Road into a case of two children found wandering on Route 33. Schutt allegedly gave a false identity because he is accused of deserting from the Army. Schutt was turned over to the Army for transport to Fort Drum.

Jacob James Meinhold, 19, of 2537 Dodgeson Road, Darien, is charged with burglary, 3rd. Meinhold is accused of gaining forced entry to the Oil Doctor and stealing NYS certificates of inspection.

Edward Frank Finnin, 43, of 4063 W. Main St. Road, Room 6, Batavia, is charged with exposure of a person. Finnin is accused of urinating in public at 12:55 p.m., March 20, outside the Metro Mattress store on Veterans Memorial Drive.

Tonya E. Smith, 38, 3582 Lockport Road, Oakfield, is charged with criminal contempt, 2nd. Smith is accused of sending letters to a protected person in violation of a stay-away order.

Jeff Allen Good, 34, of 3700 W. Main St., Room 1, Batavia, is charged with criminal possession of a controlled substance, 7th, possession of a hypodermic instrument, driving while impaired by drugs and driving left of pavement markings. The Sheriff's Office responded to a report of an erratic driver at 5:58 p.m., Sunday, who was forcing other cars off the roadway. The vehicle was located at 3700 W. Main St., and Good was identified as the alleged erratic driver. He was arrested by Deputy Patrick Reeves.

Jarred Ray Lewis, 21, of 50 Bloomingdale Road, Akron, is charged unlawful possession of marijuana. Lewis was stopped at 4:24 a.m., Sunday, for a vehicle check at Main and Oak streets in the city. He was ticketed by Deputy Patrick Reeves.

Michael Joseph Elmore, 19, of 814 Sumner Road, Darien, is charged with criminal possession of a controlled substance, 7th, and possession of a controlled substance not in its original container. Elmore was arrested following a traffic stop 6:49 p.m., Saturday, on Route 33, Pembroke, by Deputy Patrick Reeves.

Mark Christopher Kahabka, 18, of 3991 Pratt Road, Batavia, is charged with endangering the welfare of a child. Kahabka allegedly hosted an under-age drinking party Saturday night.

Nicole Marie Clark, 32, of 72 Blue Ridge Road, Penfield, is charged with DWI, driving with a BAC of .08 or greater, aggravated unlicensed operation, and failure to keep right. Clark was stopped by Deputy Eric Seppala at 1:20 a.m., Friday following a report of an erratic driver on Route 33, Town of Batavia.

Daniel Wayne King, 42, of 3481 Batavia-Oakfield Townline Road, Batavia, is charged with criminal possession of a controlled substance. Following a traffic stop by Deputy Patrick Reeves at 2:35 a.m., Saturday, on Veterans Memorial Drive, King was allegedly found in possession of crack cocaine.

Nicole A. Wilson, 33, of 126 E. State St., Albion, DWI, driving with a BAC of .08 or greater and aggravated unlicensed operation. Wilson was stopped on Route 19 in Le Roy at 12:45 a.m., Friday, by Deputy Chad Minuto.

Brett F. Dieter, 31, of Alabama, is charged with menacing, 3rd, stemming for an alleged domestic dispute that was reported to State Police at 1:06 a.m., Friday. Dieter was arrested at 8:29 p.m. No further details available.

Michael J. Nugent, 21, of Le Roy, is charged with criminal possession of a controlled substance, criminal use of drug paraphernalia (scales) and unlawful possession of marijuana. Nugent was arrested in the Town of Batavia by State Police at 3:25 p.m., Friday. No further details available.

Dewey E. Towner, 43, of Batavia, is charged with DWI, driving with a BAC of .08 or greater, and a motorcycle helmet violation. Towner was stopped by State Police on Oak Street, Batavia, at 8:25 p.m., Friday.

Accidents from the State Police blotter:

11:44 a.m., April 3, Veterans Memorial Drive, Batavia, two vehicles; Driver 1: Norman G. Walsh, 79, Batavia; Driver 2: Tamera E. Carney, 55, of Warsaw. No injuries reported.

7:35 p.m., April 3, Lewiston Road, Batavia, one vehicle; Driver 1: Sherrill T. Langdon, 80. No injuries reported.

5:01 p.m., April 2, Gilmore Road, Pembroke, property damage accident (parked car); Driver 1: Kristin M. Pequeen. No injuries reported.

6:49 p.m., April 2, South Lake Road, Village of Bergen, two vehicles; Driver 1: Robert L. Reynolds, 23, of Bergen; Driver 2: Desarea M. Sherlock, 18, of Brockport. No injuries reported.

A 57-year-old Darien Center man who fell down a flight of stairs in his home and struck his head on a hammer, died this morning at the Erie County Medical Center.

William Thomas was a retired carpet salesman and the father of five children.

The accident occurred around 7 p.m., Tuesday, and Thomas was taken by Mercy Flight to ECMC.

For the past 10-and-a-half years, Thomas was married to Marguerite. Together, they have 15 grandchildren.

"(Our time together was) way too short," Marguerite said this afternoon. "We were married right here on our property where we built our log home, right here in Darien Center. This was our dream."

She said Bill's accidental death hasn't really sunk in yet.

"He was a very healthy man," she said. "He loved me beyond belief and I knew that."

She said, "We were glued together."

Thomas served in the Navy in the 1960s, loved to ride his motorcycle and "had the best sense of humor of anybody you would ever want to meet."

There is no information available yet on funeral arrangements.

Mercy Flight is being put on standby for a man who fell down a flight of stairs and hit his head on a hammer.

The man has been unconscious 7 to 8 minutes. He is breathing.

Darien Ambulance is being dispatched to Mammot Road.

UPDATE 7:07 p.m.: An assistant fire chief for Darien has requested Mercy Flight. Darien Fire is being dispatched to set up a landing zone.

UPDATE 7:09 p.m.: The landing zone is being set up at the Darien Fire Hall.

UPDATE 7:11 p.m.: Mercy Flight is responding from Buffalo. ETA, 5 minutes.

UPDATE 7:48 p.m.: Mercy Flight in the air, heading to ECMC.

Timothy R. Beszcynski, 22, of 11000 Townline Road, Darien, is charged with DWI, driving with a BAC of .08 or greater, failure to keep right and use of a portable electronic device (texting). Beszcynski was arrested by Deputy Howard Carlson after allegedly being involved in a single-car accident on Route 98 in the Town of Batavia at 12:15 a.m., Monday.

Juan Alberto Ramos, 20, of 5215 Clinton Street Road, Batavia, is charged with trespass.  Ramos was allegedly found in a building at College Village after being barred from the premises.

If it's going to take an expert witness to help Ronald J. Wendt beat the 12 felony charges against him, it's going to take money.

His attorney, Thomas Burns, says Wendt is "tapped out."

Sitting in jail, unable to earn money, Wendt cannot afford the thousands it would cost to bring in an expert in field sobriety tests and breathalyzers to help challenge the charge that he was driving drunk Aug. 12 when he was involved in an accident that took the life of Dansville teenager Katie M. Stanley.

County Attorney John Rizzo filed papers this week opposing a motion by Burns for the county to pay for the expert.

"I understand Mr. Rizzo's concern regarding the taxpayers," said Burns today, "but this is fundamentally at the heart of our defense. It is very important to us."

Wendt appeared in court today -- dressed in Genesee County Jail orange and with his head shaved -- for a hearing on motions by Burns that arresting officer Deputy Tim Wescott did not have sufficient probable cause to charge Wendt and to suppress statements made by Wendt to Wescott.

County Court Judge Robert Noonan denied both motions and set a date for a week-long trial.

Jury selection will start July 12 at 9 a.m. 

Noonan set May 24 as the plea-offer cutoff.

District Attorney Lawrence Friedman said the offer he's made to Wendt is to reduce the aggravated vehicular homicide charge -- with a maximum penalty of 8 to 25 years in state prison -- to aggravated vehicular manslaughter. The reduced charge could still result in a more than two-year prison sentence, and up to seven years.

Burns said after the hearing that he expects the case to go to trial. The bottom end of the sentence on the first count of the indictment is one to three years, if Wendt were convicted by a jury.

Today, Westcott testified at length about the field sobriety test he conducted on Wendt following the late-night accident.

An expert witness would help Burns establish doubt as to whether the test conclusively proved that Wendt was driving drunk.

Wescott testified that he started with an eye-tracking test, which is designed to find possible nystagmus, which is an involuntary eye movement. Wescott testified that Wendt passed this test, saying that in order to determine that a driver has a BAC of at least .10, he will need to show four clues in the test and Wendt showed only two.

Friedman objected to Burns asking a series of questions about the eye-tracking test, but Noonan overruled the objection.

Wescott also testified that he had Wendt walk a straight line with the requirement that he take nine steps in each direction, heel-to-toe. Wescott said in his judgement, Wendt failed this test, missing four steps by an inch or less between his heel and toe going forward and raising his hands from his side on the return.

When it came to touching his nose, Wendt missed slightly on four of six tries.

On another test, where the suspect is asked to close his eyes, tilt his head back and try to estimate when 30 seconds had passed, Wendt said stop after 37 seconds. The standard deviation, according to Wescott, is five seconds.

More than an hour after the accident, Wendt submitted to a BAC test and reportedly tested at .08.

Wendt did allegedly make at least one incriminating statement early in the interview, Wescott testified. Wendt said, according to Wescott, "You might as well have me blow and take me to jail."

Noonan ruled that statement will be admissible at trial.

For previous coverage, click here.

Barbara E. Ferrando, 38, of 53 W. Main St., Apt. 101, Corfu, is charged with harassment, 2nd. Ferrando is accused getting into a dispute with a store clerk. During the alleged confrontation, she allegedly reached behind the counter and struck the clerk with a plastic coffee mug, causing minor injuries.

Jessica J. Moscicki, 19, of 19 Briarwood Terrace, Batavia, is charged with aggravated unlicensed operation, 3rd and criminal impersonation, 2nd.  Moscicki was charged after allegedly giving a false name to Officer Ed Mileham during a traffic stop in the Tops Market parking lot at 2:30 p.m., yesterday. After further investigation, her identity was discovered and it was revealed she had a suspended license.

Brian L. Smith, 48, of 4128 Colonial Blvd., Batavia, is charged with criminal contempt, 2nd. Smith is accused of violating a court order by sending computer messages to a woman in Florida. Smith was allegedly barred from any contact with the woman. The messages were reportedly sent on Feb. 16. He was arrested yesterday around noon.

Mark Paul George, Sr., 51, of 3281 Broadway Road, Alexander, is charged with harassment, 2nd. George allegedly got into a dispute with a woman in Darien over some property. When the other person attempted to contact the police, George allegedly struck her hand, knocking her mobile phone away. There were no injuries reported.

Harry J. Reed, 28, of Rochester, was charged by State Police with DWI. Reed was stopped at 42 Green Knolls Road, Stafford, at 8:42 a.m., Monday. No further information is available.

Accidents from the State Police blotter:

3:38 p.m., Feb. 22, Barrville Road, Elba, two vehicles; Driver 1: Mary R. Prior, 67, of Batavia; Driver 2: Kim C. Clark, 59, of Attica. No injuries reported.

10:18 p.m., Feb. 22, Lewiston Road, Alabama, one vehicle; Driver 1: Brandy L. Golding, 35, of Akron. No injuries reported.

5:40 a.m., Feb. 23, Attica Road, Darien, one vehicle; Driver 1: David M. Roberts, 39, of Attica. No injuries reported.

4:37 p.m., Feb. 22, Mile Marker 397.4, Thruway, Pembroke, one vehicle; Driver 1: Michael H. Moran, 20, of Batavia. No injuries reported.

4:44 p.m., Feb. 22, Mile Marker 403, Thruway, Pembroke, one vehicle; Driver 1: Allessandra R. Falcao, 27, of Kearny, NJ.

12:03 a.m., Feb. 23, Mile Marker 394.7, Thruway, Batavia, one vehicle: Driver 1: Michael R. Eaton, 34, of Rush. No injuries reported.

A snowmobiler in the area of Colby Road and Route 20 in Darien has reported finding a tractor on fire in a manure pile.

Darien Fire is being dispatched.

UPDATE: Darien chief reports a loader fully involved.  The fire is behind a barn where Darien had a hay bale fire a few years ago.

UPDATE 11:00 a.m.: Darien command reports the fire is knocked down. They're waiting on another tractor to pull the loader from the pile.

View Larger Map

Alexander John Delahanty, 20, of 29 Woodstock Lane, Brockport, is charged with criminal possession of a forged instrument. During a traffic stop in Bergen at 6:10 p.m., Sunday, by Deputy Matthew Butler, Delahanty was allegedly found in possession of a fake Colorado driver's license.

Accidents reported on the state police blotter:

12:55 p.m., Feb. 14, Broadway, Town of Darien, two vehicles; Driver 1: Scott R. Dalba, 44, of Oakfield; Driver 2: Steve M. Trader, 35, of Attica. One reported injury.

2:30 p.m., Feb. 14, Phelps Road, North Pembroke, one vehicle; Driver 1: Joseph A. Dicenso, 49, of Oakfield. No injuries.

11: 32 p.m., Feb. 14, E. Main and Ross streets, City of Batavia, two vehicles; Driver 1: Charles A. Ledger, 21, of Medina; Driver 2: Thomas E. Wolfe, 32, of Batavia. No injuries.

Ralph A. Golding, 20, of Darien, is charged with obstructing governmental administration 2nd, resisting arrest, bail jumping and unlawful possession of marijuana. Golding was arrested at 10:28 a.m. Friday at 1891 Sumner Road by State Police. Also charged with obstructing governmental administration 2nd, Darlene D. Mutter, 45, of Corfu. No further information available.

Luis A. Altache, 40, of 4385 Lockport Road, Elba, is charged with DWI, driving with a BAC of .08 or greater and speeding. Altache was stopped at 2:31 a.m Sunday by Deputy Howard Carlson in the Village of Elba for allegedly speeding.

Cory C. Sheffer, 19, of Bergen, is charged with unlawful possession of marijuana. Sheffer was arrested at 2:40 a.m. Saturday at 6163 N. Lake Road, Bergen. A 17-year-old from Bergen was also arrested by State Police. No further information available.

There are reportedly no injuries, but a person is trapped in a car that has turned on its side on Sumner Road, just outside the employee entrance of Darien Lake.

Darien Fire has been dispatched.

UPDATE 11:14 a.m.: Both occupants are out of the car. No injuries.

View Larger Map

If Defense Attorney Thomas Burns wants the mobile phone records of the occupants of a Toyota in which one of the passengers was killed in an accident, he will need to subpoena them himself.

Judge Robert C. Noonan denied Burns' motion to require the prosecution to produce the records.

In his ruling, Noonan noted that the defense can obtain the records subpoena duces tecum, which means "bring with you under penalty of punishment."

Asked whether he would issue such a subpoena, Burns responded:

The Court has decided that the items sought can be independently secured by the defense. Of course there are a number of hurdles to acquire the information necessary to issue an appropriate subpoena to acquire them. The defense merely sought the assistance of the prosecution in providing that information. Since the ruling requires the defense to independently acquire such information we will do just that. The irony is that in a civil proceeding the discovery mechanisms provide for almost unlimited disclosure from the opposing party, by use of depositions etc., these things are not available to a criminal defendant. Nor does a prosecution witness have any obligation to speak to a criminal defendant's attorney or investigator. However, it is my intention to take whatever steps are necessary to secure records of all occupants of the vehicle. The remaining issue is that of relevance. For a jury to be informed of the content of such information the Court would need to be convinced that such information is relevant and probative on a material issue in the case.

Burns is defending Ronald J. Wendt, a 24-year-old Alexander resident who faces numerous felony charges following the accident that took the life of Katie Stanley, 18, of Dansville. Criminal enhancements sought by District Attorney Lawrence Friedman could lead to as much as a 25-year sentence. Wendt allegedly had a BAC of .08 at the time of the accident.

The dirver of the Toyota, Rachel L. Enderle, 27, also of Dansville, was named in a lawsuit filed last month in Rochester by one of the occupants of the car, Michael A. Enderle.

There were apparently no skids marks left by the Toyota prior to hitting Wendt's pickup truck.

Wendt is in jail on $250,000 bail after he reportedly violated the terms of his previous release by riding a motorbike to work.

For previous coverage of the Ronald J. Wendt case, click here.

One of the passengers in a car involved in a fatal accident Aug. 14 in Darien Center has filed a lawsuit seeking unspecified damages against the drivers of both vehicles.

Timothy L. Enderle names as defendants Ronald J. Wendt, Jr., Rachel L. Enderle and Michael A. Enderle.

Rachel, 27, was reportedly the driver of a 1993 Toyota sedan owned by Michael. Timothy, 20, was a passenger along with Gabrielle E. Mahus, 18, and Katie M. Stanley, 18.

Stanley died as a result of injuries sustained in the accident.

According to the initial Sheriff's Office press release, Timothy was transported by ambulance to UMMC and later transferred to Strong Memorial with a hip injury.

When we reached Rochester attorney Sheldon W. Boyce, who is representing Timothy, he wasn't in his office and didn't have a copy of the case with him, but he indicated there is no specific allegation of distracted driving by Rachel or equipment failure in the Toyota.

"Any time there are two cars in an accident, there is a certain percentage of fault with both drivers," Boyce said.

Wendt, who is accused of drunken driving, is in jail on $250,000 bail awaiting trial on a 12-count indictment that with enhancements could lead to a 25-year prison term.

For previous coverage, click here.

The attorney for an Alexander man accused of driving drunk at the time of a fatal accident in Darien wants to see the mobile phone records for the occupants of the car carrying the Dansville teenager who was killed.

District Attorney Lawrence Friedman says that Defense Attorney Thomas Burns is merely on a "fishing expedition" in his request for the records.

The request and Friedman 's response are in motions filed by the two attorneys in the case of 24-year-old Ronald J. Wendt.

Wendt faces a 12-count indictment in the case, including an enhancement charge that could lead to a 25-year prison sentence.

"The requested records are relevant and highly probative on the issue of the driver's attention to road conditions and other traffic immediately to the automobile accident," Burns writes. 

Burns goes on to note that distracted driving, according to the National Highway Transportation Safety Administration, accounts for 26 percent of motor vehicle accidents.

Friedman responded, "There has never been any indication that anyone in the victims' automobile was using a cell phone at or near the time of the collision ... Instead, the defense is simply attempting to engage in a "fishing expedition" ... The people are not in possession of, nor aware of, the existence of any such cell phone records. Furthermore, we fail to see the relevance of possible cell phone communications involving passengers in said vehicle. Finally, it is the People's position that there is no authority for the Defendant's baseless effort to obtain possible cell phone records of crime victims and that such discovery would be beyond the parameters of (evidence law)."

Katie M. Stanley was killed in the Aug. 14 accident. Stanley was a passenger in a Toyota driven by a friend from Dansville and there were two other passengers. The group was returning from Darien Lake on Route 5 when it entered Darien Center, where the speed limit quickly drops from 55 mph to 40 mph. Wendt was apparently the driver of a Dodge Ram pickup that turned left into the parking lot of My Saloon just ahead of the oncoming car.

The Toyota struck the rear of the pickup truck. There has been no evidence presented so far, nor reports of, skid marks or other evasive action by the driver of the Toyota.

Wendt reportedly told a Sheriff's deputy that he had been drinking beer that day while baling hay. Deputy Tim Wescott reported that Wendt demonstrated slurred speech, had the odor of alcohol and demonstrated poor coordination following the accident. He reportedly had a BAC of .08.

Judge Robert Noonan will hear oral arguments in the motions on Jan. 19.

Burns has also filed a standard number of motions to disclose evidence, open the Grand Jury minutes, dismiss the case on various grounds and suppress specific pieces of evidence on various legal grounds.

For previous coverage, click here (all previous stories on this topic are now tagged "Ronald J. Wendt").

A Chevy Avalanche is on fire, fully involved, at 883 Route 20, Darien.

Darien Fire is responding. The firs responder reports that the driver says the truck has a full tank of gas.

"There's not much we can do with it now," the responder said.

An Alabama man suffered minor injuries after allegedly falling asleep at the wheel and striking a parked car on Thursday.

The 5:15 p.m. accident occurred as Brandon W. Benben was reportedly driving northbound on Route 77 in the area of Sumner Road.

Benben's 2000 Toyota sedan reportedly drifted off the left side of the road, struck a utility pole and a garage before hitting the parked car.

Benben did not require transportation to a hospital. He reportedly suffered minor cuts to his arms.

Deputy Patrick Reeves handled the accident investigation and cited Benben for allegedly crossing a no-passing lane with double yellow markers.

Michael Joseph Raphael, 20, of 4 Noonan Ave., Batavia, is charged with disorderly conduct. Raphael was arrested yesterday at 5:17 p.m. for allegedly using obscene language and calling another person a name.

A 17-year-old from Darien Center was arrested by State Police arrested and charged with assault and menacing in the third degree. The alleged incident was reported Dec. 4 at 11:27 a.m. No further details were released.