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Darien

Emergency crews respond to weather-related problems

By Billie Owens

Emergency crews are responding to a number of weather-related incidents.

Electrical wires are reported to be fallen, on fire and arcing in the trees at 8971 Wilkinson Road in East Pembroke. National Grid has been advised.

Also, wires are reported to be dangling from a pole at Broadway and County Line Road in Darien. It is believed they are phone wires, not electrical power lines.

A tree is reported to have fallen on the shoulder of the roadway, partially blocking it, at 1445 Route 20, east of Route 77, in Darien.

Fatal DWI suspect back in jail after allegedly riding motor bike without a license

By Howard B. Owens

Ronald J. Wendt, accused of driving drunk in Darien and getting into an accident that claimed the life of a Dansville girl, is back in jail.

Wendt had been released on $50,000 bail pending his trial, but on the condition he not drive (his license was revoked).

On Nov. 18, Wendt was stopped by a State Trooper in the Town of Batavia while riding a reportedly unregistered and uninsured dirt motor bike.

District Attorney Lawrence Friedman said Wendt readily admitted to the Trooper who he was and volunteered information about his case.  The Trooper arrested him and brought him before a Town of Batavia justice, who set his bail at $500, which Wendt immediately paid.

Friedman brought the arrest to the attention of Judge Robert Noonan, who ordered Wendt to appear in County Court.  Noonan adjusted Wendt's bail to $250,000.

Alcohol was not a factor in the latest arrest, Friedman said. 

He couldn't confirm whether Wendt was trying to get to work at the time of his arrest.

Wendt has not yet raised that bail amount.

Previously:

Power loss reported in Darien and Corfu

By Howard B. Owens

We just heard that there is some level of power outage in Darien and Corfu.  An official reported, "half power" in those communities.

The stoplight routes 33 and 77 is apparently out and a deputy has been dispatched to control traffic.

The power outage has not yet been reported on National Grid's Web site.

UPDATE 12:24 p.m.: Power outage reports are starting to pop up on National Grid's map.

UPDATE 12:31 p.m.: There is reportedly a low flying helicopter from National Grid in the area checking power lines. Also, county dispatch has been told it will be at least an hour before power is restored.

UPDATE 12:46 p.m.: Sheriff's Deputy reports that the traffic light in Corfu is working again.

County planning board rejects plan for drive-thru in Village of Alexander

By Howard B. Owens

A zoning regulation in the Village of Alexander that requires all new commercial buildings to line up along the sidewalk is facing a first-time challenge from an existing business that wants to change locations.

The owners of Country in the Village, a cafe on Route 98, want to build a new drive-thru business on Buffalo Road, but the business would have be set back from the street by 63 feet.

That violates the village plan to have all businesses line up in a block.

Tonight, the Genesee County Planning Board denied Gary and Bea Dominick's request for a special-use permit.

Planning Director Jim Duval said it will be up to the village to decide if it wants to waver from its commercial development plan, not the county planning board.

In other planning news:

The board denied a request for a variance at 3589 Pike Road in the Town of Batavia for a building to stable animals. Duval said the 25-foot set back put the building too close to the roadway.

A temporary-use permit was granted to the Town of Bethany to allow a retail store in its old Town Hall. The town is planning a country store, with a craft shop, grocery items, historical exhibit and learning center. The facility will also offer classes in fly tying and cake decorating, as well as craft classes for children. Multiple vendors will be offered space in the store.

In the Town of Darien, the developer of East Bonnie Brae is ready to build the second half of its housing project, filling out the east side of the development. The original plan called for the street that now serves the west side to loop around. But a landowner who would need to sell his land to make a portion of the street continuation possible, no longer wishes to sell. The proposed development addition would have a cul-de-sac. The problem with the proposal, according to Duval, is that 11 parcels do not have the required 100-foot set back. The developer, Duval said, disagrees with how the planning department is calculating the set back. The Town of Darien also advised the applicant that a required recreational area was not included. The board disapproved the preliminary plan for the development.

Alexander man accused of manslaughter pleads not guilty to 11 felony counts

By Howard B. Owens

Indicted on a rarely used aggravated vehicular manslaughter charge and facing up to 25 years in prison, 24-year-old Ron Wendt, Jr. appeared in County Court today to formally plead not guilty to all 11 felony accounts against him.

Wendt, a resident of Alexander, is out of jail on $50,000 bail and appeared before Judge Robert Noonan in navy blue slacks, a blue shirt and blue tie. His family was with him.

Also in court was the family of Katie Stanley, an 18-year-old girl who was a back-seat passenger in  a 1993 Toyota Camry on Aug. 14, when Wendt reportedly made a left-hand turn from Route 20 into the parking lot of My Saloon just as the Camry entered Darien Center.

The Camry struck the rear of Wendt's 2001 Dodge Ram truck.

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

Wendt was allegedly found later to have a BAC of .08.

His attorney, Thomas A. Burns, now has 45 days to file motions and prepare his case.

Previously:

Police Beat: Alden man charged with unlawful imprisonment in Darien

By Howard B. Owens

James M. Kulik, 19, of Alden, is charged with assault in the third degree, unlawful imprisonment, criminal mischief and harassment. Alden was arrested by State Police in Darien at 6:10 p.m. yesterday. He was jailed on a cash bail. No further details were released.

Kyle Earl Viehdeffer, 21, of 114 Bank Street, Lower/Front, is charged aggravated unlicensed operation of a vehicle. Viehdeffer was turned over to the Sheriff's Office on a bench warrant issued out of the Town of Batavia Court. Viehdeffer was released on $200 bail.

Juan Alberto Ramos, 19, of 110 E. 177th St., Apt. 2E, Bronx, is charged with trespass. Ramos allegedly entered College Village without appropriately signing in with security.

Christopher Patrick Ball, 27, of 4902 Route 63, Batavia, is charged with aggravated harassment. Ball allegedly called a woman's cell phone numerous times, causing an annoyance. Justice Tom Williams issued an order of protection.

Police Beat: Minor accident leads to drug and alcohol charges

By Howard B. Owens

Patrick L. Gugliuzza, 30, of 94 Exchange St., Attica, is charged with DWI, criminal possession of a controlled substance and following too closely. Deputies were in the area of 104435 Route 98 in Alexander investigating a motor-vehicle accident. The deputies received a report of a minor property-damage accident on southbound Route 98 near the accident scene. Upon investigation of that accident, Deputy J.M. Graff concluded that Gugliuzza was allegedly driving while intoxicated. Further investigation allegedly revealed that Gugliuzza had a small quantity of heroin. His passenger, Brandon Eck, 29, of 51 Bunnel St., Attica, was also charged with criminal possession of a controlled substance, criminal possession of a hypodermic instrument and unlawful possession marijuana.

Keith A. Finan, 44, of 10501 Bonnie Brae Drive, Darien, is charged with DWI, driving with a BAC of .08 or greater, driving left of pavement markings in a no-passing zone. Finan was reportedly stopped on Bonnie Brae Drive in Darien on Friday. The investigation was conducted by Deputy Jason Saile.

William Daniel Nix, 48, of 55 Riverview Drive, Rochester, is charged with criminal mischief, harassment and disorderly conduct. Nix is accused of causing a disturbance at 48 Deli Express at 8204 Park Road. Nix was reportedly using foul language and was asked to leave. Nix allegedly continued to use foul language and got involved in a physical struggle with a clerk, tearing his shirt.

Ariana M. Busch, 19, of 10876 Bowen Road, Attica, is charged with DWI, driving with a BAC of .08 or greater and failure to dim headlights. Busch was arrested following a traffic stop on Route 20 in Darien at 2:25 a.m. on Saturday.

Dylan C. Miller, 21, of 3883 Eagle Harbor Road, Albion, is charged with DWI, driving with a BAC of .08 or greater, driving an unregistered car and failure to yield right-of-way. Miller was stopped by Officer T.S. Mart on Oak Street at 2:18 a.m. on Saturday.

Brian L. Smith, 47, of 8655 Jones Road, Houston, Texas, is charged with DWI and driving with improper tail lamps. Smith was stopped by Officer Dan Coffey at 1:05 a.m. on Sunda. Smith was jailed on $1,000 bail.

Scott D. Kingdon, 43, of 6243 Sparks Road, Pavilion, is charged with DWI and driving with a BAC of .08 or greater. Kingdon was reportedly involved in a verbal argument with a friend. The friend called the Sheriff's Office and reported that Kingdon might be at her house. While Deputy Kevin McCarthy was checking the residence, Kingdon reportedly pulled into the driveway. McCarthy allegedly found Kingdon was driving while intoxicated.

Two teenagers, one from Alexander and another from Bethany, are charged with petit larceny for an alleged theft in Alexander. The original incident was reported to State Police on Sept. 15.

David H. Robinson, 45, of Corfu, and Amber M. Robinson, 40, of Batavia, are charged with identity theft. Amber is also charged with forgery of a public record. David and Amber were arrested by State Police at 3 p.m. on Thursday. No further information is available.

Police Beat: Girl allegedly yelling obscenities from her front yard arrested

By Howard B. Owens

A 16-year-old girl from South Byron has been charged with disorderly conduct. She is accused of yelling obscenities from her front yard after being asked repeatedly to stop. She was jailed on $250 bail.

Tyler J. Henderson, 20, of Batavia, is charged with unlawful possession of alcohol by a person under 21. Henderson was ticketed by State Police on Sumner Road in Darien.

A 16-year-old from Alexander is charged with trespass. The boy was arrested by State Police in East Bethany.

More serious manslaughter charge levied against Alexander man accused of drunken driving

By Howard B. Owens

A Grand Jury indictment has been handed down against Ronald J. Wendt, of Alexander, charging him with 11 felony counts stemming from an accident on Aug. 14 that claimed the life of an 18-year-old Dansville girl.

Among the charges against Wendt, 24, is aggravated vehicular manslaughter, a new statute in New York that carries a maximum sentence of 25 years in prison.

WBTA spoke with District Attorney Lawrence Friedman about the unique charge.

Friedman said elements of the alleged crime, relevant to the more serious charge, is that it includes alleged reckless driving and causing serious injury to another person.

Wendt is represented by Batavia Attorney Thomas Burns, who issued a statement following Wendt's preliminary hearing in August challenging the validity of drunken-driving charges in this case.

In addition to challenging the actual charges, Burns asserted that there is ample evidence that Wendt was not intoxicated at the time of the accident.

Among key facts raised during the preliminary hearing were that Wendt passed one element of the road-side sobriety test.

Wendt was reportedly making a left-hand turn off Route 20 into the parking lot of My Saloon -- an area not far from where the speed limit changes from 55 down to 40 mph -- when his truck was struck by the car. It's unclear if the car left any skid marks.

According to testimony at the hearing, Wendt told Deputy Tim Wescott that he had a few beers, during and after work, on a nearby farm bailing hay. His BAC was reportedly right at .08 after the accident.

Rochester man seeks trial on charge stemming from Kid Rock concert

By Howard B. Owens

"I fought the law, and the law won."

Peter H. Scrooby is going to try and do what Bobby Fuller and The Clash said they couldn't do, fight the law and win.

Scrooby asked for a jury bench trial (the charge is not serious enough to warrant a jury trial) tonight in Darien Town Court on his disorderly conduct charge. Scrooby was arrested at the Kid Rock concert July 15. The Batavian featured him as one of three defendants arrested that night as part of a story about the Darien court on a concert night.

While the other two defendants featured in the story long ago accepted guilty pleas and have moved on, Scrooby isn't rolling over for the law.

The Rochester resident has retained Batavia attorney Thomas Burns, and Burns indicated his client doesn't think he did anything to warrant his arrest and the charge.

"It's very important to him," Burns said. "It's a matter of principle. Despite the fact that it's a minor charge, he's willing to invest the time and effort to let the truth be known as to what happened."

Scrooby's trial is set for Feb. 1 at 5:30 p.m. in Darien.

Police Beat: Batavia man accused of punching pregnant woman in stomach

By Howard B. Owens

Anthonly J. Spearance, 24, of 107 Washington Ave., Batavia, is charged with disorderly conduct and reckless endangerment. Spearance allegedly punched his pregnant girlfriend in the stomach. He was jailed on $1,500 bail.

James T. Moore, 50, of 115 Summit St., Batavia, and Patricia L. Brinkman, 48, of the same address, are both charged with assault in the third degree. Both were allegedly involved in a physical altercation during a domestic dispute. Both were jailed on $500 bail each.

Christopher C. Say, 18, of 514 E. Main St., Batavia, is charged with menacing. Say allegedly brandished a large knife and threatened another person with it during a fight. He was jailed on $1,000 bail.

Jeremy A. Weatherbee, 40, of 65 Roosevelt Ave., Batavia, is charged with criminal contempt. Weatherbee allegedly sent text messages to a person he was barred by court order from contacting.

Amanda L. Spring, 26, of 34 Walnut St., Batavia, is charged with DWI, driving with a BAC of .08 or greater, refusal to take breath test and unsafe turn without signal. Spring was stopped on Walnut Street at 3:03 a.m. on Sunday.

Kara M. Marquez-Davidson, 24, of Tonawanda, is charged with DWI and driving with a BAC of .08 or greater. Marquez-Davidson was stopped by State Police on Route 77 in Darien at 9:42 p.m. on Friday.

Mark S. Wells, 44, of Oakfield, is charged with DWI and driving with a BAC of .08 or greater. Wells was stopped by State Police on Route 5 in Pembroke at 2 a.m. on Thursday.

A 15-year-old from Oakfield has been arrested by State Police and charged with sexual abuse of a person under 14 and endangering the welfare of a child. The alleged incident was reported Oct. 10. The teen was taken into custody at 6:04 p.m. Friday. No further details were released.

Dog struck by car gets prompt treatment, thanks to deputy and animal control officer

By Howard B. Owens

A dog was hit by a car yesterday at 1:30 p.m. and Deputy Brian Thompson, a K-9 officer, and Animal Control Officer Bill Taylor responded to the scene.

The accident occurred at Route 77 and Reynolds Road, where a stray boxer-mix darted into the road, according to Deputy Chief Gordon Dibble.

The dog was struck by a car driven by a person from Florida.

Thompson and Taylor first took the dog to an animal hospital, which recommended treatment at Corfu Vet Clinic, so Taylor and Thompson transported it there.

From what I heard on the scanner, the dog didn't sound seriously injured. Dibble said there's no information on how the pooch did after being transported.

I spoke with Shannon at the vet, who was off that day, and she said the dog was transferred to another facility, although she doesn't know where.

But it was good to hear on the scanner Monday about the extra effort Thompson and Taylor went to to care for the stricken animal.

Police Beat: Officer finds man sleeping in his car on Main Street, charges him with DWI

By Howard B. Owens

Brian M. Raphael, 21, of 4 Noonan Drive, Batavia, is charged with DWI, driving with a BAC of .08 or greater and criminal possession of a weapon. Police Officer E.E. Bolles reports that he found Raphael sleeping in his car with the engine running Saturday at 3:10 a.m. at 419 E. Main St., Batavia. Upon his arrest, Raphael was allegedly found in possession of a collapsible billy club.

Michael D. Snyder, 37, of 679 E. Main St., Apt. 4a, is accused of criminal contempt and harassment. Snyder allegedly violated the terms of an order of protection by shoving his girlfriend. He was jailed without bail.

Timothy P. Tucker, 35, of 12 Ellicott St., is charged with DWI, refusal to take breath test, failure to stop for a stop sign, speed not reasonable and prudent, improper turn and leaving the scene of an injury accident. On Sunday at 1:48 a.m., Tucker allegedly ran a stop sign from northbound Union Street at Oak Street. His vehicle reportedly continued through the intersection until it hit a tree. Officer Dan Coffey reports that Tucker allegedly fled the scene on foot. His female passenger suffered minor injuries in the accident. Tucker was found a short time later at his residence, according to Officer Coffey.

James Frank Webb, 27, of 10215 Colby Road, Darien, is charged with criminal contempt and harassment. Webb is accused of violating an order of protection that barred him from contacting a particular person. He allegedly called that person on the phone.

Shaundalee M. Hill, 20, of 81 Lyncourt Park, Greece, is charged with DWI and driving with a BAC of .08 or greater. Hill was arrested by Deputy Tim Wescott after Hill was reportedly involved in a one-car accident Fisher Road in Oakfield at 6:46 p.m. on Friday. Hill was also charged with unlicensed operation of a vehicle and having an open container.

Adam M. Ganzhorn, 25, of Town of Batavia, is charged with obstruction of governmental administration and filing a false report of an incident. He was arrested at 4346 Batavia-Elba Townline Road by State Police and jailed on $2,000 bail. No further details available.

Christopher A. Saddler, 25, of Albion, is charged with petit larceny. Saddler was arrested in the Town of Batavia by State Police. No further details available.

Police Beat: Darien Lake employee accused of stealing a phone

By Howard B. Owens

Matthew Kyle Johnson, 21, of 2509 E. Main Road, Pembroke, is charged with petit larceny. Johnson is accused of stealing a mobile phone while employed at Darien Lake Theme Park.

Kenneth R. MacGreagor, 23, of Cheektowaga, is charged with false personation and having no motor vehicle license. MacGreagor was stopped at 1:30 p.m. Thursday by State Police on Stephen Hawley Drive in the Town of Batavia.

Three Genesee County women get endorsement from Eleanor Roosevelt committee

By Billie Owens

Earlier this week, the Eleanor Roosevelt Legacy Committee announced 150 winners of its 2009 Campaign Grants and Endorsements. Three are from Genesee County.

This information is from a press release:

The Eleanor Roosevelt Legacy Committee was designed to build a new generation of pro-choice Democratic women candidates, informed voters and activists in New York State. It was founded in 2001 by former New York State Democratic Committee Chair Judith Hope.

This year, the ERLC awarded Sara Burk-Balbi of Batavia an endorsement in her race for Batavia City Council-at-Large, Alice Burkhardt-Calmes of Darien an endorsement in her race for Town Clerk of Darien and Jennifer Keys of LeRoy an endorsement in her race for LeRoy Town Council.

Genesee County Democratic Chair Lorie Longhany said: "The Eleanor Roosevelt Legacy Committee’s endorsement is very important support for their campaigns and demonstrates confidence in their ability to win these offices. All three wonderful women are proud to be a part of Eleanor’s Legacy."

“To receive such an important endorsement is really an honor,” says Sara Burk-Balbi.  “Eleanor Roosevelt was not only an active First Lady of the United States, she was a front runner on the importance of women in our political system. Her support of women’s issues as well as the issues of children and families was astounding and life-long. I am proud to be one of three women in Genesee County to receive this honor.”

Keys stated: “This shows the commitment that the ERLC has in helping to elect women candidates across New York State. I accept their support with gratitude."

Alice Burkhardt-Calmes said: “I am pleased that this organization realizes the importance of women in local races. It shows their support of grassroots campaigns at the local level."

Since its founding, the ERLC has elected over 400 women to state and local office across New York State and equipped over 600 women with the skills they need to run and win. The ERLC endorses progressive women candidates with a demonstrated commitment to upholding a woman’s right to choose and to promoting the values of the Democratic Party. To be eligible, a candidate must be pro-choice, female, and an enrolled Democrat running for state or local office in the state of New York.

The ERLC will celebrate this year’s grantees at their Annual Fall Luncheon with special guests Abby Disney, Senator Charles Schumer and Senator Kirsten Gillibrand. This year’s luncheon honors Geraldine Ferraro with the Pioneer in Politics – Lifetime Achievement Award.

Police Beat: Man arrested for punching another at Darien golf course

By Howard B. Owens

Joseph Kyle Loveland, 26, of 665 Niagara Falls Blvd., Amherst, is charged with harassment. Loveland allegedly punched another person in the face while at Chestnut Ridge Country Club in Darien at about 6:30 p.m. on Saturday. The victim was reportedly treated at the scene and declined transportation to a hospital. Loveland was issued an appearance ticket. The incident was investigated by Sgt. Greg Walker.

Pamela A. Loughridge, 41, of 5630 Buffalo Road, Apt. 5, Churchville, is charged with DWI, aggravated DWI with a BAC of .08 or greater, aggravated unlicensed operation of a vehicle and moving from the lane unsafely. Loughridge was stopped at 6:04 p.m. yesterday by Deputy Chad Minuto on Route 237 in Byron.

Justin J. Jaszko, 30, of 8087 Kelsey Road, Batavia, is charged with criminal trespass. Jaszko allegedly entered the residence of his child's mother in Oakfield and refused to leave. The alleged incident occurred Friday morning at 8:45. Deputy Christopher Parker handled the call.

Ann M. Burgler, 49, of 6592 Royal Parkway, Lockport, is charged with DWI, DWI with a BAC of .08 or greater and failure to keep right. Burgler was stopped by Deputy Kevin McCarthy on Route 5 in Pembroke at 2:54 p.m. on Saturday.

Adam M. Gaylord, 29, of Byron, is charged with DWI, operating a vehicle with a BAC of .08 or greater and criminal possession of a weapon. Gaylord was stopped by State Police on Chapel Road in Elba at 10:50 p.m. on Friday.

Stephen L. Nichols, 33, of New York City, is charged with DWI and DWI with a BAC of .08 or greater. Nichols was stopped by State Police in Pavilion at Route 63 and Route 20 at 2:50 a.m. on Saturday.

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Police Beat: Trio from Buffalo accused of gang assault at Darien Lake Theme Park

By Howard B. Owens

Anthony J. Rivera, 25, of 208 Vermont St., #2, Buffalo, and Ilena Carrillo, 27, of the same address, and Damian Rivera-Melendez, 20, of 353 Plymouth Ave., Buffalo, are each charged with a felony count of gang assault in the 2nd degree. The trio allegedly hit a man several times, causing serious injury, following a dispute over cutting in line at Darien Lake Theme Park. The victim was not identified by the Sheriff's Office. The three suspects were jailed on $15,000 bail each.

Janette Sonia Vazquez, 24, of 854 Prospect Ave., Apt. 4, Buffalo is charged with harassment. Vazquez reportedly threatened to stab an employee of Darien Lake Theme Park.

Jody B. Gillet, 48, of 8 Pine Hollow Drive, Batavia, is charged with assault. Gillet allegedly stabbed another person several times. The alleged incident took place at Country Meadows trailer park on Sept. 5. The alleged victim was transported to Strong Memorial Hospital and has since been released. Gillet as jailed on $5,000 bail. The incident was investigated by Deputy Bradley D. Mazur and Investigator Timothy Weis.

Rebecca J. Sando, 44, of 5678 Walkers Corner Road, Elba, is charged with criminal contempt. Sando allegedly approached a woman she was barred from going near.

Sarah J. Emerson, 25, of 15 Ross St., Batavia, is charged with harassment and criminal contempt. Emerson allegedly poured a can of beer on her husband and then allegedly pushed him on his chest and face. Emerson allegedly violated an order of protection. Emerson was jailed on $1,500 bail.

Shandell M. Lissow, 21, of Brookville Road, Alexander, is charged with unauthorized use of a motor vehicle. Lissow allegedly borrowed a car from a friend and then failed to return it as agreed.

Stephen P. Medwid, 52, of 9364 Alexander Road, Alexander, is charged with DWI, DWI with a BAC of .08, failure to take breath test and failure to yield. Medwid was arrested following at traffic stop Friday at 9:29 p.m.

Man who admitted to attempted burglary fails to appear for sentencing

By Howard B. Owens

A warrant is being issued for the arrest of a Lockport man who failed to appear in Genesee County court this morning for his sentencing on an attempted burglary conviction.

(name redacted upon request) admitted in May to entering a portion of a business in Darien that the public was not authorized to enter and grabbing bags of money. The manager caught him before he could leave.

As part of xxxxx plea deal, Judge Robert Noonan had offered him probation with a sentence cap, but xxxxx is now looking at incarceration once he's arrested.

Noonan also indicated that both the Genesee County and Orleans County probation departments recommended Wisniewski be jailed for some time rather than given probation.

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