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Darien

Corfu and Darien may get some federal aid for tornado damage after all

By Howard B. Owens

There may be some federal relief coming to Corfu and Darien for tornado damage clean up after all, according to Assemblyman Steve Hawley.

Hawley announced this morning that the Genesee County communities will be included in an omnibus relief rquest to the Federal Inspection Team along with other counties recently damaged by severe weather events.

Federal relief requirements mandate that eligible areas damaged by storms must have at least 25 uninsured houses, or five damaged businesses, among other guidelines, which means Darien and Corfu alone may not qualify.

The single relief package would include Cattaraugus, Erie, Chautauqua & Allegheny counties, also hit by heavy storms recently, and Columbia, Rensaleer, Cortland and Chenango counties, which also suffered storm-related damage.

"We will continue to keep all residents and businesses who were adversely 
affected apprised of the progress regarding possible monetary assistance as a 
result of these catastrophic weather patterns of destruction," Hawley said in a statement.

Police Beat: Domestic dispute leads to marijuana bust in Alabama

By Howard B. Owens

William G. Potter, 53, and Tina L. Ground, 49, of 6924 Council House Road, Alabama, are charged with crimes stemming from a dispute at their residence. During a fight, Ground allegedly threatened Potter with a claw hammer. Potter allegedly made contact with Ground, which violated a court order. During the investigation of the incident, Deputy Kevin McCarthy and state troopers allegedly found seven potted marijuana plants in the house. Ground also allegedly had marijuana on her person. Potter is charged with criminal contempt. Ground is charged with menacing, unlawful possession of marijuana and unlawful growing of marijuana.

Robert M. Browne, 48, of 282 Route 20, Room #3, Darien, is charged with DWI and criminal contempt. Reportedly, law enforcement received a report that Browne had contact with a person he is ordered not to contact. Deputy Patrick Reeves was dispatched to find Browne, and reportedly found him driving on Route 20 in Darien. Reeves determined that Browne was allegedly driving while intoxicated. Browne was also charged with unlicensed operation and operating a vehicle that was unregistered, uninsured and that had improperly switched plates.

Police Beat: Two women cited for untaxed cigarettes

By Howard B. Owens

Joanne C. Buchanan, 50, of Box 70 Country Road Route 37, Central Square, and Jayne E. Best, 52, of 9384 Woodlawn Drive, Brewerton, were arrested for allegedly attempting to evade or defeat tax and possession of untaxed cigarettes. Deputy Tim Wescott initiated a traffic stop for alleged speeding and reportedly found 10 cartoons of cigarettes in the car Buchanan and Best were in.

Donald J. Cummins, 60, of 104 Bernice Drive, Seneca, is charged with DWI. Cummins was reportedly driving westbound on Route 33 at 11:53 p.m. when his vehicle allegedly strayed from the roadway toward the left shoulder striking a road cone. Deputy Kevin R. McCarthy stopped Cummins and found he was allegedly driving while intoxicated. He was also cited for allegedly driving with a BAC of .08 or greater and moving from a lane unsafely.

Susanna E. Venti, 60, of Alexander, is charged with DWI. Venti was stopped by a state trooper on Walker Road in the Town of Darien for allegedly crossing the center line. Venti's alleged BAC was .08 percent. Venti was cited for DWI, failing to keep right and driving an unregistered vehicle.

Police Beat: Batavia man faces three charges of harassment for allegedly fighting

By Howard B. Owens

Eric C. Smith, 21, of 15 Edwards St., Batavia, is charged with three counts of harassment and one count of disorderly conduct. Smith was allegedly involved in a fight in which he allegedly pushed and punched three individuals. Further, Smith is accused of urinating on the floor and walls at police headquarters while being processed. He was jailed on $2,500 bail.

Kevin Q. Thomas, Jr., 20, of 193 S. Main St., Batavia, is charged with harassment. Thomas was allegedly involved in the same fight as Smith, above, and allegedly pushed another person. He was jailed on $500 bail.

Thomas K. Lee, 14 Highland Park, Batavia, is charged with petit larceny. Lee allegedly stole items from the Kwik-Fill store in Batavia. He was jailed on $250 bail.

James S. Gibbs, 33, of 34 Vernon Ave., Batavia, is charged with criminal contempt. Gibbs allegedly sent numerous text messages to a woman he was barred from contacting. He was jailed on $5,000 bail.

David J. Alvarado, 27, of 2103 S. 9th St., Lafayette, Ind., is charged with DWI. Officer Dan Coffey suspected Alvarado of driving drunk after a traffic stop for allegedly driving without headlights. He is also accused of having a BAC of .08 or greater.

Robert Michael Browne, 48, of 282 Route 20 Road, Room #3, Darien, is charged with two counts of criminal contempt. Browne allegedly violated a court order by going to a residence in the Town of Darien which he had been ordered to avoid.

Charles J. Fetterman, 37, of Lockport, is charged with DWI. Fetterman was stopped by a state trooper after allegedly failing to keep right on Route 20 in Darien. He is accused of driving with a BAC of .10 percent.

Bryan P. Falictico, 20, of Batavia, is charged with DWI. Falictico allegedly failed to keep right on Route 5 in Batavia, which led to a traffic stop by a state trooper. Falictico allegedly registered a BAC of .16 pecent.

William V. Mattucci, 53, of 414 Schenk St., North Tonawanda, is charged with DWI, failure to yield to an emergency vehicle and driving left of pavement markings. Mattucci was arrested in Corfu by village police.

Cynthia L. Carlo, 44, of 10 Gaslite Lane, Batavia, is charged with DWI, with a BAC of .08 or greater and moving from a lane unsafely. Carlo was stopped on Route 98 by Deputy H.J. Carlson early Sunday morning.

Jeffrey J. Klar, 29, 7178 Lovers Lane Road, Cattaraugus, is charged with DWI, aggravated DWI with a BAC of .18 or greater, and leaving the scene of a property damage accident. Klar allegedly drove his car off a grass parking area on Sumner Road in Darien when he reportedly hit another car. He was stopped by a Sheriff's deputy on Sumner Road after allegedly trying to leave the scene.

Victor Trejo, 21, of 4238 West Ave., Elba, is charged with DWI and unlawful possession of marijuana. Trejo was stopped for allegedly speeding on Bank Street Road in Elba.

Luke W. Ritzenthaler, 26, of Batavia, is charged with unlawful possession of marijuana. Ritzenthaler was allegedly found in possession of a pipe containing marijuana residue. He is also charged with operation a motor vehicle on a revoked license.

Patrick J. Lamendola, 48, of Rochester is charged with DWI. Lamendola was stopped by a state trooper for allegedly driving down the shoulder of Route 19 in Pavilion. Lamendola's BAC was reportedly .09 percent.

Woman seriously hurt in Darien accident

By Howard B. Owens

A woman from Depew was transported by Mercy Flight to Erie County Medical Center with internal injuries following a traffic accident in Darien yesterday at 6:14 p.m.

Jacqueline S. Carmina, 18, of 129 South Transithill, Depew, was driving west on Sumner Road when she reportedly failed to yield for a stop sign. Her 2002 Saturn sedan was broadsided by a 2006 Buick driven by Robert E. Davis, Jr., 54, of 1384 Glen Avon Road, Grand Island.

Davis was not injured in the accident.

Deputy Patrick J. Reeves is investigating the accident and states charges are pending.

Police Beat: Store video tapes Pavilion man allegedly stealing beer

By Howard B. Owens

Bryan McWain Hargrave, 22, of 10692 Pavilion Center Road, Pavilion, is charged with petty larceny. Hargrave allegedly stole two 18-packs of beer and a bottle of water from the Wilson's Farms Store in Pavilion on July 12, at 5:17 p.m.  The alleged left was taped on the store's security cameras. On July 31, Hargrave was located and reportedly admitted to the theft.

Aaron F. Branton, 33, of 4022 Main Street Road, Batavia, is charged with DWI. Officer Dan Coffey reportedly observed Branton drive his vehicle over the center line on Main Street Saturday at 2:12 a.m. Upon investigation, Coffey concluded Branton was driving while intoxicated.

Andrew J. Rock, 23, of 144 State St., Apt. #3, Batavia, is charged with harassment. Rock allegedly made threatening phone calls to a woman acquaintance. He was placed in jail on $1,000 bail.

Douglas G. Goodwin, Jr., 18, of 130 Bank St., Batavia, is charged with operating a motor vehicle while under the influence of drugs and unlawful possession of marijuana. He was arrested Thursday at 1:54 p.m..

Eric C. Smith, 21, of 27 Dellinger Ave., Batavia, is charged with menacing and disorderly conduct. Smith is accused of making threats and acting in a threatening manner while at the M&T Express convenience store at 100 W. Main Road, Batavia, Sunday at 3:30 a.m.. Officer Bolles arrested Smith and took him back to police headquarters where he allegedly urinated on the floor, leading to the disorderly conduct charge. Further charges are pending regarding alleged property damage at the M&T Express.

Brad C. Doward, 19, of 16 Harvester Ave., Batavia, is charged with DWI and DWI with a BAC of .08 or greater. Doward was reportedly stopped on Oak Street by officer Camp for allegedly running a red light while turning right. During the traffic stop, officer Camp concluded Doward was allegedly intoxicated.

Larry S. Yoho, 37, of 134 W. Main St, third floor, Batavia, is charged with assault. Yoho allegedly assaulted another person Friday at 1 a.m..

Steven E. Ball, 35, of 11 1/2 Meadowcrest Drive, Batavia, is charged with criminal contempt. Ball allegedly violated an order of protection that barred him from contact with a female acquaintance.

Warren T. Cotton, 32, no permanent address, is charged with petty larceny. Cotton allegedly stole jewelry from Lambert's Jewelers, 375 W. Main St., Batavia, on July 21 at 3 p.m.. Det. Pat Corona investigated the case.

Rob Ronald Rindell, 39, of 8897 Lovers Lane Road, Corfu, is charged with harassment. Rindell allegedly grabbed and pushed another person during a domestic dispute Saturday at 6:45 p.m..

Teresa Marie Ganzhorn, 19, of 4346 Batavia-Elba Townline Road, Batavia, is charged with unauthorized use of a vehicle. Ganzhone was allegedly driving a car without the owner's consent.

Jered E. Menichol, 22, of 4560 Walden Ave., Lancaster, is charged with DWI. Deputy Frank G. Bordonaro allegedly came upon Menichol's vehicle parked on the highway, blocking Harlow Road in Darien. Upon further investigation, Bordonaro concluded Menichol had allegedly been driving drunk. He was also charged with driving an uninspected vehicle.

Brian Robert Mruczek, 29, of 9214 Dorman Road, Batavia, is charged with harassment. Mruczek allegedly grabbed and pulled his wife's hair during a domestic dispute. A stay-away order was issued.

UPDATE: We just received arrest reports from the State Police for the first time:

Chrystal S. McCook, 23, of Batavia, and Christine A. Forte, 31, of Le Roy, were charged with unlawful possession of marijuana. Forte was stopped for allegedly speeding on Route 63 in Oakfield on Sunday. Forte was issued traffic tickets for several alleged infractions, according to State Police.

Michelle L. Boccaccio, 38, of Batavia, is charged with criminal possession of a controlled substance and possession of prescription medication outside of its prescribed container. Boccaccio was allegedly found in possession of three Adderall pills without a prescription or a prescribed container after being stopped for alleged speeding on I-490.  Boccaccio was also allegedly driving on a suspended New York driver's license.

Jeremy H. Boyce, 26, of Lyndonville, is charged with DWI following a traffic stop for allegedly talking on his mobile phone while driving. Boyce is accused of having a BAC of .07 percent. Boyce was stopped at routes 5 and 77.

Officials tour tornado zone on slim hope of building case for government assistance

By Howard B. Owens

It may take a lot of volunteers to clean up Darien and Corfu following last Saturday's category 1 tornado.

Bill Clark, regional director for New York's Emergency Management Office, didn't make that prediction, but if you add up what he told Corfu and Darien officials yesterday afternoon, that's what it sounds like.

In order to trigger state or federal assistance, there needs to be 25 uninsured homes in the disaster area, and in Darien and Corfu there weren't much more than 25 homes total that were damaged.  It's likely most of them were insured.  For SBA assistance to kick in, there needs to be five businesses damaged. There may be only three businesses damaged in the tornado. It's unclear if farms can be included in that count, or if they are a USDA issue.

Corfu Mayor Todd Skeet said volunteer efforts are under way and are ongoing, but doesn't think that will be enough. In the end, he's looking for his state to step up and provide assistance.

Out at Petals and Plants, the first stop for Clark and his survey group, Jim Grant, father of the business owner, said if his son doesn't get assistance to haul way the greenhouse debris and rebuild the greenhouses, the nursery and flower shop will not reopen. The greenhouses were not insured.

But Clark and his team did survey the entire tornado zone yesterday and will file a report with the governor's office. Clark stressed repeatedly the importance of gathering thorough and complete data as the best way to make a case for assistance. It will take some time before we know the results of the findings.

Correction: Driver did say he used turn signal

By Howard B. Owens

When we make an error, we normally just correct the post, and if it's a factual error, note it in that post appropriately. Normally, because most often the mistake is brought to our attention in fairly short order.

Last week we reported an accident where we included the word "not" where there should have been no "not." Driver Charles Kopp DID tell investigators that he used his turn signal.

Since the post is quite old in Internet years at this point, we wanted to draw readers attention to this factual error.

The Batavian regrets the error.

Police Beat: Duo from Bergen accused of hitting another person in the head

By Howard B. Owens

Joshua D. Quaintance, 21, of 31 Buffalo Road, Bergen, is charged with assault in the third degree. Quaintance and a 17-year-old companion are accused of striking another person in the head causing an injury during a July 18 incident on Richmond Avenue in Bergen. The incident was investigated by investigators Timothy Weis and Kris Kautz. Both defendants were released without bail.

Tonya Marie Weber, 25, of 52 N. Pearl St., Oakfield, is charged with criminal possession of stolen property. Weber allegedly had a pit-bull puppy that belonged to another person. She then reportedly gave the puppy away, preventing the original owner from recovering the puppy.

Cheri A. Himmerlreich, 45, of 111 Paddock Drive, Dewitt, is charged with DWI and with driving with a BAC of . 08 or greater. Himmerlreich was stopped for allegedly speeding on Route 98 in the Town of Batavia. Deputy Kevin R. McCarthy investigated and concluded that Himerlreich allegedly consumed alcohol prior to driving.

Bruce I. Fuller, 63, of 693 Sanford Road, Churchville, is charged with criminal possession of stolen property. Fuller was stopped by Batavia Police Officer T.S. Mart on Clinton Street after it was determined Fuller was driving a rental vehicle he allegedly failed to return when the rental term expired. He was remanded to Genesee County Jail on $3,000 bail.

Todd M. Kemp, 36, of 6 Lehigh Ave., Batavia, is charged with harassment. Kemp allegedly kicked and pushed a woman he knows yesterday evening. Kemp was remanded to Genesee County Jail on $750 bail. Batavia Police Officer W. C. Fenton investigated the incident.

Jacob S. Smart, 27, of 6437 Albion Road, Oakfield, is charged with DWI. Smart was spotted early Sunday morning by Sgt. Brian Frieday of the Sheriff's Office driving on Albion Road and allegedly crossing the double yellow line. Smart was also cited for failure to keep right.

Ronald Edward Johnson, 19, of 8081 Blackstreet Road, Le Roy, is charged with two counts of criminal possession of a controlled substance. Johnson was reportedly the passenger in a car that was stopped in the Village of Le Roy for tailgating. During the traffic stop Saturday at 12:16 p.m., Johnson was allegedly found in possession of cocaine. Deputy Brian Thompson was the arresting officer.

David John Reschke, 18, of 9741 Transit Road, Stafford, is charged with unlawful possession of marijuana. Reschke was a passenger in a vehicle stopped for a traffic violation Saturday at 1:17 p.m.  Reschke was allegedly found in possession of marijuana by Deputy Brian Thompson.

Jacob William Paniski, 27, of 2306 Brewerton Road, Brewerton, is charged with petty larceny. Paniski is accused of shoplifting from the gift shop at Darien Lake Theme Park.

Sammantha Nicole Frear, 21, of 2306 Brewerton Road, Syracuse, is charged with harassment, Frear is accused of pushing a loss-prevention officer while at Darien Lake Theme Park.

Joshua J. Swimline, 26, of 1270 Main Road, Corfu, is charged with DWI with a BAC of .08 or greater, driving with a suspended registration and unlawful possession of marijuana. Swimline was stopped Thursday morning on Route 77 in Pembroke by Deputy Patrick Reeves and Deputy Bradley Mazur for allegedly driving a car with a suspended registration. Upon further investigation, Reeves and Mazur allegedly found Swimline intoxicated.

Jeanna Marie Hattaway, 22, is charged with harassment. Hattaway allegedly pushed another person during a domestic dispute. The alleged incident took place yesterday at 12:49 p.m..

Two people injured in accident on Countyline Road in Darien

By Howard B. Owens

The lack of a turn signal may have been the cause of an accident in Darien on Thursday afternoon that sent two people to the hospital.

Charles V. Kopp, 51, of 2996 Countyline Road, was northbound on Countyline Road when he reportedly slowed to make a left hand turn into a private driveway. Kopp reportedly told Deputy T.G. Wescott that he did not use a turn signal.

Jeremiah W. Stanek, 20, of 9806 Allegheny Road, Corfu, was also northbound. He told Westcott that he didn't see a turn signal of Kopp's 1995 Chevy pickup.

Stanek reportedly struck Kopp's vehicle from behind causing it to travel off the west side of the roadway, where it left the pavement and struck a tree.

Stanek reportedly suffered an injury to his lower leg and was transported to UMMC.

A passenger in Stanek's 1998 Chevy pickup, 23-year-old Jeremy M. Kasprzyk, was also taken to UMMC with a possible chest injury.

The accident occurred about 4:12 p.m. yesterday.

Follow up: Defendents from night of Kid Rock concert return to Darien court

By Howard B. Owens

On an evening when the people coming into the Darien Town Court are a week removed from their initial arrest -- to be re-arraigned on the charges that got them locked up in the first place -- the tone is very different. Cases are handled quickly, there's few verbal challenges to the law or the court, and there's a lot less crying.

Quite and subdued would be an adequate description.

I returned to Darien Tuesday evening to follow up on the three defendants we encountered last week in Justice Gary Graber's court the night of the Kid Rock concert.

All three defendants -- Kenneth Koban, Peter H. Scrooby and Jamie E. Otto-Trott -- arrived in court at their appointed hour, well groomed and neatly dressed.

Graber wasn't on the bench Tuesday, being called away for a work-related emergency (he's a dispatcher for a trucking company in Buffalo), so Justice Michael Davis, newly elected last November, was sitting in.

While displaying the same sense of helpfulness -- wanting defendants to clearly understand their rights and legal options -- he takes a fairly matter-of-fact approach to getting a plea from the defendants and determining the date of their next court appearance.

Court started at 5:30 and I arrived at 5:35.  By that time, Koban had pleaded guilty to trespass and was making arrangements with Court Clerk Marcia Bontrager to pay his fine.

After Koban hurried out of the court, Davis and I chatted a bit and then another defendant arrived -- a young man charged with a DWI unrelated to last Tuesday's concert. He was dressed in a suit and a tie as was his attorney. His appearance was perfunctory and then we were back to waiting for Scrooby and Otto-Trott.

Scrooby arrived soon after in pressed pants and a white, long-sleve shirt, accompanied by a slightly older gentleman.

After hearing again the charges against him -- disorderly conduct  for allegedly fighting with Darien Lake security personnel -- Scrooby entered a not-guilty plea and said he would likely retain his own attorney.

He did complain about getting separated from the cash in his pocket the night of his arrest and wondered why it was not returned with the rest of his personnel effects after he made bail. Instead,it was offered to him in a phone call 15 minutes after he was heading home on the Thruway.

Davis explained that he didn't know anything about how Scrooby's property was handled and that was really a matter to take up with the Genesee County Jail.

Once Scrooby's next court appearance was set for July 28 at 6 p.m., Scrooby started to leave, but then remembered another question for Davis: Since Scrooby now had proof of identity, could his bail money be returned? Davis said that wasn't possible until the final dispostion of his case.

While Scrooby finished up his case, Anthony F. Perno, also arrested the night of the Kid Rock concert, stepped before Justice Davis.

Perno didn't take long to let it be unknown that he didn't understand why he was in court. 

"I was hauled in here and accused of something I didn't do," Perno said.

The 39-year-old Rochester resident is charged with harassment, accused of fighting with a security guard in the VIP area of the concert venue.

His frustration was heightened because he thought he had been arraigned Tuesday night and expected this week's appearance to afford him an opportunity to talk with a district attorney about his charges.

He told Davis he intended to bring his own attorney for his next court appearance, and Davis told him that would be July 28. Perno wanted to put it off for a month because he works two jobs and thought only one-week's notice for taking time off for a court appearance wasn't satisfactory his bosses.

Davis held firm on the July 28 date, but set his appearance time for 7 p.m.. Perno said the later time did help.

As Perno's case wrapped up, Otto-Trott checked in with the clerk. She appeared in slacks and a white blouse, looking far less disheveled than she did last week. A young woman accompanied her and sat in a folding chair the back row of the court room.

Otto-Trott, facing two counts of harassment, told Justice Davis that she had decided to seek the help of a public defender, so Davis entered a plea of not guilty for her and set her next court appearance for July 30 at 6 p.m..

With the Otto-Trott case handled, the court room once again fell silent. I walked up to the bench to ask Davis a few questions.

That's when I learned he was only recently elected to his first term, but that his father served as town justice three decades earlier, and in fact, served for a time with Graber.

"I sometimes get lawyers who come in and say, 'I remember when your dad was a judge,' and I say, 'that must have been 30 or 35 years ago,' and they go, 'thanks for putting a date on it.'"

Like Graber, Davis also works in the trucking industry. He dispatches and drives for Walton Milk Hauling in Alexander. He credits both Graber and the state for providing him valuable training on being a town justice.

Police Beat: Pair of harassment charges in Darien Center

By Howard B. Owens

David Micahel VanDorn, 20, of 1441 Broadway Road, Darien Center, is charged with harassment. VanDorn was arrested following a domestic dispute. During the argument, VanDorn allegedly spit on a woman, grabbed her by the wrists while attempting to remove a ring and yelled profanities at her.

Marie Erin Schafer, 21, 1441 Broadway, Darien Center, is charged with harassment. Schafer allegedly threatened to punch another person while moving toward her and also threatened to run another person over with a car.

Dennis R. Snell, 46, of 6563 Allegheny Road, Basom, is charged with DWI and failure to submit to a pre-screen device. Deputy Patric Reeves was called to the scene of a dispute in Alabama, with a report of an intoxicated driver. Upon investigation, Reeves charged Snell.

Claire Christin Cade, 25, of 96 Franklin St., Apt. #2, Owego, is charged with petty larceny. Cade is accused of stealing $147.27 worth of merchandise from Darien Lake Theme Park.

Marie Jacqueline Bogart, 32, of 94 Spencer Ave., Owego, is charged with petty larceny. Bogart is accused of stealing $132.08 in merchandise from Darien Lake Theme Park.

UPDATE: Missed these two items earlier:

Catherine Megan Marchese, 22, of 6430 Alleghany Road, Basom, is charged with criminal possession of a controlled substance.  Deputy Brian Thompson made the arrest while investing a litering complaint in Alabama when he stopped Marchese's car.  Marchese allegedly was throwing stuff from her car. During the investigation, Thompson reportedly found heroin in the car.

Elizabeth Marie Kennedy, 27, of 10 Maple Ave., Batavia, is charged with harassment and criminal mischief. The charges stem from alleged July 2 incident.  Kennedy is accused of attacking her boyfriend and destroying property.

There's no excuses in Darien's town court on a concert night

By Howard B. Owens

My press pass is more valuable than I thought. Until last night, I didn't realize it could also act as a "get out of jail free" card.

This, I learned from Peter H. Scrooby, who admitted last night he isn't paid for his internet writing, but he did think his credentials -- which,  unfortunately, he wasn't carrying -- entitled him to avoid a night in jail on a disorderly conduct charge.

Scrooby, who said he went to the Kid Rock concert to cover it for Los Angeles-based American Chronicle, carried no ID whatsoever (his girlfriend had his wallet, he said), which presented a puzzle for Darien Town Court Justice Gary Graber.

How could Graber release a defendant on his own recognizance who couldn't even prove his identity?

As Graber and Scrooby bantered about Scrooby's suitability for a no-bail release, I checked out American Chronicle on my laptop. Sure enough, Scrooby is listed as an author (picture borrowed from Scrooby's profile page). So are 5,000 other people.

Apparently, to become a corespondent for American Chronicle, all you need to do is create an account.

At least Scrooby has written some articles for the site. A couple of them even seem to be based on some original reporting.

This budding Hunter S. Thompson was one of three people I saw marched or dragged into the Darien courtroom during my two hours observing the proceedings and chatting with Graber -- when no wayward concert-goers demanded his attention.

Graber earns a living dispatching trucks out of Buffalo, but he's also spent more than 30 years on the Darien bench. A music fan himself -- he's seen such varied acts as Elvis Presley (twice -- young and older), Jeff Beck and the Beach Boys -- he said the Darien Lake shows keep him plenty busy during the summer.

"We're happy when the snow starts to fly," Graber said, noting the signal that the Darien concert season is over.

The backlog of cases and paperwork created over the summer won't be cleared from his desk until late February or March.

A naturally jocular and affable man with a face warmed by laugh lines and framed by graying hair, Graber seems temperamentally inclined to give everyone the benefit of the doubt. He clearly wishes no ill will toward any of the defendents who are brought before his bench, even when they try his patience.

Even so, let's not be fooled by that benevolent exterior: nobody is getting off easy.

Kenneth Koban of North Chili found that out after being brought in by Deputy Brian Thompson on a trespass charge.

Cobin, sporting a black leather vest with "Eagle Spirit" emblazoned on the back above a picture of an eagle's head, didn't understand why he was charged with trespass after he paid $100 for a ticket.

Koban allegedly refused to leave the concert venue after being ordered to do so by security officers. What precipitated him drawing the ire of Darien security wasn't discussed.

As he stood unsteadily before the justice, Koban repeatedly interrupted Graber either trying to explain his innocence, offering to display the $100 ticket in his pocket, or asking Graber if he could ask questions.

"I'm asking the questions," Graber said.

"I've got a couple of things to say," Koban said.

"This isn't the time for that," Graber said. "This is an arraignment. After you talk with your attorney, then you can explain about your $100 ticket."

"I would like a public defender," said Koban, who previously said he earned more than $100,000 a year and owned 10 homes.

Graber said Koban likely wouldn't qualify for a public defender.

"You do make $100,000?"

"Yes, I make $100,000," said Koban, raising his voice.

"There's no need to get agitated."

"I didn't even do nothing," Koban said. "I'm here in handcuffs right now, but I'm not agitated. I respect you and I respect the court, for what it's worth."

Koban was remanded to Genesee County Jail on $200 bail.

While Cobin stood before Graber, another defended was escorted into the courtroom, shackled at her ankles and handcuffed. She initially raised a ruckus, crying loudly and babbling.  Within minutes, Sgt. Brian Frieday  got her settled and calm, so Graber could proceed with Cobin's arraignment.

While Graber left the courtroom to finish up Cobin's paperwork, Cobin acted like he knew the young woman, telling her to stop crying and shut up, and saying, "Just tell the judge your boyfriend is a piece of shit."

When the woman tried to lay down on a "Darien"-engraved wooden bench, Sgt. Frieday made her sit up.

"Don't touch me," she yelled, then adding more softly. "I'm not trying to hurt you and don't want to hurt any one, so you can't touch me."

Jamie E. Otto-Trott, a 24-year-old, high-school pool supervisor from Rochester, appeared before Graber on two counts of harassment in the 2nd degree.

Otto-Trott, who made repeated requests of both Sgt. Frieday and the justice to have strands of her long, black hair swept from her face, allegedly pushed a Darien security guard and then allegedly kicked a Sheriff's deputy in the leg.

After being told about the charges by Graber, Otto-Trott said she just wanted to go home.

"My boyfriend took my car and left," she said. "I live an hour-and-half away."

Even though at one time Otto-Trott said she could afford to pay for her own attorney on her $200-a-week salary, she later said, "I don't think I can make that decision right now," so Graber said he would send her case to the Public Defender's office. He entered a not guilty plea for her and remanded her to Genesee County Jail on $300 bail.

After Graber left the room, Otto-Trott sat on a chair in the front row of the orderly, clean and well-lit courtroom and started asking Sgt. Parker questions, trying to find out his age. She thought he looked pretty young for 37.

With the age question settled, her mood changed again. The young lady, who minutes earlier told Graber she is returning to SUNY Brockport this fall to finish her degree in psychology after taking time off because her mother died last year, started sobbing again.

"I don't really like Kid Rock," she told Frieday, "but my boyfriend loves Kid Rock and wanted to go to this concert, and then I had to leave the concert. I just ruined the whole thing. We never go out. I just ruined the whole evening. Now he will want to break up with me."

Parker told her that he heard on the police radio earlier that her boyfriend was waiting for her at Genesee County Jail.

It was a tough case. While Graber can't discuss specific defendents, after Otto-Trott was escorted away, he looked out on the empty chamber with low-cast eyes, his face betraying an obvious compassion for the young lady.

As we talked about the kind of cases he's seen over the years, he said he has faced many tough decisions.

"These are never easy decisions," he said. "If you want a job with easy decisions, you shouldn't do this, you shouldn't be here. You have to take each case one at a time."

For all his his tender exterior, Graber seems completely immune to excuses.

None of last night's defendants were able to convince Graber that they deserved special treatment, either because the arrest was seemingly unfair, or because not everything was right with their lives.

Even our intrepid, aspiring gonzo journalist, Peter H. Scrooby couldn't justify avoiding a night in lock up. He was sent off to the pokey on $200 bail and ordered to reappear in two weeks.

Hopefully, he'll at least get a good story out of the experience.

AFTER MATTER: 

Mr. Scrooby sends along the following note:

Hi Howard,
Just a couple things I would like you to clarify in your article if you could sir. It was not my girlfriend that had my ID it was a friend of my mom's that attended the event with me. I also would like to note that yes anyone can become an author and sign up for free at American Chronicle, but the articles have to be approved and can be denied by the editors. I do not want it to sound as anyone can submit anything that they would like and have it published. Well take care and thanks, I enjoyed your article and have bookmarked your site as I also enjoyed your writing style. I take the Hunter S. Thompson  comment as a compliment and only hope that one day I could reach such great journalistic standards as the late Hunter S. Thompson achieved.

Regards,
Peter H. Scrooby
American Chronicle

UPDATE: In my desire to be as non-intrusive as possible with the lawmen, I relied on what I thought I was hearing in court for names.  Yesterday morning I tried to confirm the names with Chief Dibble, but he had already left on vacation. Late yesterday, I spoke with the Darien Court clerk, who helped clarify the names, and the story has been changed accordingly.  Sgt. Brian Frieday was with Otto-Trott. Deputy Brian Thompson was with Cobin, and though not mentioned in the story, Deputy Chris Parker was with Scrooby. Now, I hope that's all correct.

State Police increased DWI enforcement on night of Kid Rock concert and report 11 arrests

By Howard B. Owens

Kid Rock sure kept the cops busy last night.

We already told you about the more than 100 people busted by the Genesee County Sheriff's Office, including the bus driver for Rock's entourage.

Now comes word from the New York State Police that troopers also arrested nearly a dozen people, plus wrote more than 50 tickets at two check points in Genesee County.

There was a traffic safety roadcheck on Route 77 in Pembroke, a DWI saturation detail in the Darien and a fixed DWI sobriety checkpoint on Route 33 and Colby Road in Corfu..

During the traffic safety roadcheck a total of 46 tickets were issued to motorists for a variety of charges including 8 tickets for violations of New York State’s Child Safety Seat Laws.  One arrest for unlawful possession of Marihuana was also made during the roadcheck.

Jennifer R Anderson, 29, of Allegany, NY was arrested for allegedly driving while ability impaired by alcohol.

John M. Caden, 38, of Roulette, PA was arrested for  alleged DWI.

James M. Carney, 22, of Batavia, was arrested for alleged DWI.

Jeffrey S. Hindle, 21, of Welland, ON was arrested for  alleged DWI.

Daniel R. Holahan, 21, of Rochester, was arrested for alleged driving while ability impaired by drugs.

Darra L. Lichy, 24, of Salamanca,  was arrested for alleged DWI.

Darrel W. Newark, 43, of Buffalo,  was arrested for alleged DWI.

James R. Soccio, 28, of Batavia, was arrested for alleged DWI.

Lani G. Stevens, 20, of Lawtons,  was arrested for alleged DWI.

Jessica A. Warner, 19, of Campbell, was arrested for alleged DWI.

Joshua A. Wheeler, 21, Mt. Morris,  was arrested for alleged driving with ability impaired by drugs and alleged unlawful possession of marihuana.
 

Police Beat: Three DWI arrests this morning

By Howard B. Owens

James H. Payne, 21, of 7017 E. Quaker St., Orchard Park, was charged with DWI and with driving with a BAC of .08 or greater following a traffic stop for allegedly failing to dim his headlights on Route 98 in the Town of Batavia at 2:34 a.m..

Wanda J. Jimerson, 32, of Irving (no address given) was arrested by Corfu Police early this morning following a traffic stop and charged with DWI. Jimerson was also issued a ticket for allegedly avoiding a traffic-control device.

Brian S. Weissinger, 39, of 88 Williston Road, Rochester, was reportedly observed in the VIP parking lot of Darien Lake Theme Park and Resort and was advised not to drive. Moments later he was allegedly observed driving his 2001 Dodge Intrepid. Weissinger was charged with DWI and driving with a BAC of .08 or greater.

Police Beat: Woman charged with resisting arrest following alleged disturbance at park

By Howard B. Owens

LaToya D. Jackson, 23, of 25 Hutchins St., Upper, Batavia, is charged with disorderly conduct and resisting arrest. Jackson allegedly caused a disturbance at Goade Park early Saturday morning about 4 a.m.. She allegedly resisted arrest while being taken into custody. Jackson was placed in Genesee County Jail on $2,000 bail.

Brandt L. Arnold, 28, of 752 Reynolds Road, Darien, is charged with harassment. Arnold allegedly grabbed a woman by her wrist, dragged her to the ground and would not let her get up. He is held on $450 bail. The alleged incident occurred Sunday about 11:45 p.m..

John Nicholas Vaccaro, 21, of 7081 Transit Road, East Amherst, is charged with unlawful possession of marijuana. Vaccaro was reportedly a passenger in a vehicle that was pulled over for an alleged traffic violation when he was allegedly found in possession of marijuana.

Andrew James Ahmad, 22, of 4120 Gunville Road, Clarence, is charged with unlawful possession of marijuana. Ahmad was reportedly the driver of a vehicle pulled over for an alleged traffic violation. Marijuana was reportedly found in his pants' pocket.

Daniel W. Winters, 25, of 125 Kenwick, Rochester, is charged with DWI. Winters was taken into custody following a traffic stop just after midnight Sunday on Sumner Road in Darien. Winters is also charged with driving with a BAC of .18 or greater and aggravated unlicensed operation of a motor vehicle. His license was reportedly previously revoked. He was taken to jail on $7,500 bail.

Zachary D. Parisi, 20, of 1752 Broadway, Grand Island, is charged with DWI. Parisi was stopped on Colby Road in Darien for allegedly crossing a double yellow line while driving his 2004 Ford Mustang. Parisi was also charged with driving with a BAC of .08 or greater. The incident occurred at 10:38 p.m. Saturday.

Jesse Matthew Caudill, 28, of 5373 Wethersfield Road, Silver Springs, is accused of causing a disturbance in the beer tent of the Alexander Tractor Pull on Friday night. Caudill allegedly took an open-handed swing at Deputy J.L. Baiocco. Caudill was charged with harassment and issued an appearance ticket.

Ronald E. Quayle, Jr., 42, of 305 Mason Road, Mohawk, was charged with DWI Thursday about 11:45 p.m. following a traffic stop on Route 33 near Lovers Lane Road. Quayle was allegedly driving with a BAC of .08 or greater.  He was also issued a ticket for allegedly driving 67 m.p.h. in a 55 m.p.h. zone. and a ticket for an alleged failure to keep right.

Charles R. Engel, 39, of 1835 E. Albert St., Philadelphia, Pa., was charged with DWI for allegedly driving  while intoxicated on Main Road in Stafford early Friday morning. He was also charged with driving with a BAC of .08 or greater, aggravated unlicensed operation, speed over 55 m.p.h., driving left of pavement markings and moving from a lane unsafely.

Mercy Flight dispatched to scene of one-car accident in Darien

By Howard B. Owens

UPDATE: Jeremy M. Pysher, 19, of 730 Exchange Road, Attica, was seriously injured and is in critical condition at Erie County Medical Center following a one-car accident on Route 238 this morning at 8:42.

The Genesee County Sheriff's Office is investigating the crash in which Pysher, driving a 1991 Chevrolet Lumina, drifted across the southbound lane and off the west shoulder of the roadway. The car struck a tree "virtually head-on" and twisted around the trunk of the tree before striking a second tree.

The car caught fire, but the fire was contained to the rear of the engine compartment. 

Pysher suffered unspecified injuries as well as burns to his lower legs.

He was transported by Mercy Flight to ECMC.

The location of the accident on Route 238 was appoximately 4/10 of a mile south of Griswold Road in Darien.

The ongoing investigation is being conducted by Deputy Eric Seppala with assistance from Sgt. James Meier, Sgt. William Scott and Investigator Timothy Weis. Also responding to the scene were the Corfu Police Department, the Darien Fire Department and members of New York State Corrections.

Original post:

A car reportedly hit a tree on Route 238 just south of Griswold Road in Darien.

At least one person is trapped in the car and extraction tools are needed. Mercy Flight has been requested. The car was also reportedly smoldering.


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Prior planning averts fire disaster in Darien

By Howard B. Owens

The fire wasn't serious, but a good fire alarm system and regular fire drills certainly demonstrated this morning in Darien how a good fire plan can save lives and protect property.

The 5:30 a.m. fire started in the bedroom of Jeremy Rademacker when a halogen lamp was accidentally kicked to the floor and left on.

The fire alarm in Jeremy's room sounded, but because the alarm is wired into a house-wide alert system, both his father and sister were awakened by the alarm. All three people exited the house safely, with Mr. Rademacker closing the door to the bedroom on the way out, and they met at a pre-designated spot.

The fire caused $10,000 to $15,000 in damage.

WBTA interviewed Genesee County Emergency Manager Coordinator Tim Yeager who credited the family with smart smoke detector installation and prior planning with averting disaster.

Police Beat: Stafford man allegedly threatens Village of Corfu court staff

By Howard B. Owens

Karl Matthew Churchill, 29, of 6018 Main Road, Stafford, is charged with harrassment. Churchhill allegedly made a threatening phone call to the Village of Corfu Court after receiving a traffic ticket for allegedly tinted windows.

Robert E. Magoffin Jr., 37, 3717 Broadway Road, Alexander, is charged with DWI with a BAC of .08 or greater. Magoffin was allegedly doing 84 m.p.h. in a 40 m.p.h. zone on Route 20 in Darien when he was stopped.  He was ordered to appear in Darien Town Court on Aug. 18.

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