Le Roy

A motor-vehicle accident with injuries is reported in the area of 7067 Randall Road, near Britt Road. Le Roy Fire and Ambulance Service is responding.

UPDATE 12:41 p.m.: There are two vehicles involved and both are off the roadway. A second ambulance is requested.

UPDATE 12:43 p.m.: They're going to close the road because there's a lot of debris. There are three patients, so a third rig is requested.

UPDATE 1:21 p.m.: Three patients are being transported to UMMC. One is a teenage male, and another rig is taking the driver and as well as a 29-year-old male passenger. The vehicle with two occupants was T-boned by the other vehicle traveling about 55 mph. The T-boned vehicle rolled three times, yet the two people inside were able to walk around at the scene.

When the forsythia bloom, you know for sure it's spring.

And it's another beautiful day in Genesee County.

Det. John Condidorio, Le Roy PD, accepts a bag of unneeded prescription medications from a local resident as part of National Drug Take-Back Day.

While old prescription drugs can be dropped off at law enforcement locations throughout the county any time of the year, today is the day local officers are set up especially to collect drugs that might otherwise wind up in the wrong hands or pollute the waste stream.

There are locations for drop off until 2 p.m. at the Le Roy Village Hall, Batavia PD and Pembroke Town Highway (Route 77 and Route 5).

At this week's village board meeting, Le Roy Mayor Greg Rogers encouraged everybody to come out for the annual Little League parade. He said it doesn't get more Americana than a bunch of young ball players parading down Main Street.

He's right.

Daniel Thomas Henning, 32, of Maple Street, Batavia, is charged with six counts of forgery, 2nd, and one count of grand larceny, 4th. Henning is accused of using the business credit card of his employer to make unauthorized personal purchases at a retail store on Veterans Memorial Drive. He allegedly signed the name of a coworker to the sales receipts. Henning was jailed on $20,000. He faces possible additional charges in the City of Batavia for similar activity at a store on Ellicott Street.

Matthew F. Vanbuskirk, 23, of Le Roy, is charged with DWI and unlawful possession of marijuana. Vanbuskirk was arrested by State Police related to an incident reported at 4:27 p.m., April 17. Vanbuskirk was arrested at Strong Memorial Hospital.

Rose Elizabeth George, 22, of Council House Road, Basom, was arrested on a bench warrant related to a harssment, 2nd, charge.

Ignore the rumors, whatever they may be, Le Roy Mayor Greg Rogers said tonight during a village board meeting.

If there were any offers for the now vacant lot where the Wiss Hotel once stood, he would know about it, and there have been none.

"Any time you hear a rumor, because I think I'm the guy they have to call first if they want to buy it, don't get in an uproar, because people like to start rumors."

Previously, Rogers had said that by the second meeting in April he would have a plan or an idea of a plan about what to do with the corner of Route 19 and Route 5.

The plan right now, he said, is to wait.

He wants to give the village residents six months to absorb the idea of that empty corner and present ideas about what they think should be done with it.

After six months, he will seek an outside real estate broker to get it appraised and see if there are any suitors. 

Rogers said early on the gas station chain Fast Track contacted the village, but he said he discouraged them.

"They have beautiful stores, but that's not what we're looking for," he said.

At one meeting during the debates about the Wiss, Trustee Jim Bonacquisti said he was looking forward to seeing what it would be like to drive into the village without the Wiss blocking the view of the Presbyterian Church.

"The other day I had the opportunity after the building was somewhat down to come up Lake Street," Rogers said. "My personal opinion is nothing looks more inviting and I'll say more New England than to see a wooden white church with a steeple and and open porch as you drive into a community. It's pretty striking. It really kinds of shows you the place where we all live."

Most of the responsibility for determining what happens with the corner will fall to the village and town planning board, but since the village owns the property, the trustees will have quite a bit of say about what happens with the lot.

And Rogers is mindful that whatever happens, at least half the people will be angry.

"No matter what goes there, half the people are going to be mad and you're looking at five idiots and the other half are going 'that's not so bad,' " Rogers said.

Maurice G. Leach, 36, of State Street, Batavia, is charged with felony DWI, felony aggravated unlicensed operation, driving with out interlock device, operating out of ignition interlock restrictions, speeding, unlicensed operator and refusal to take breath test. Leach was stopped at 12:53 a.m., Tuesday, on Route 33, Stafford, by Deputy James Diehl.

Kevin P. Heinman, 30, of 8290 W. Bergen Road, Le Roy, is charged with DWI, moving from lane unsafely and refusal to take breath test. Heinman was stopped Friday by Le Roy PD after allegedly being observed making a wide left turn from Route 19 to Route 5 and weaving between two westbound lanes, then striking a curb. Heinman was jailed on an unspecified amount of bail.

Ted E. Kingsley, 40, no permanent address, is charged with petit larceny. Kingsley is accused of shoplifting from a store on West Main Street, Le Roy, taking several items, including beer. Kingsley was jailed on $1,500 bail.

Earl F. Pickard, 52, of 57 W. Main St., Le Roy, is charged with petit larceny. Pickard is accused of stealing beer from a store on West Main Street, Le Roy.

Patrick Scott Rumble, 26, of Main Street, Batavia, was arrested on a warrant for allegedly not paying a fine in Town of Byron Court stemming from a conviction on criminal possession of a controlled substance. Rumble paid the fine and was released.

Melissa Marie Morton, 27, of West Middlebury Road, East Bethany, is charged with two counts of trespass. Morton allegedly entered the Target store in Batavia on April 9 and April 12 after being previously banned from the store.

Austin D. Zauner, 17, of Darien Center, is charged with driving while ability impaired by drugs. Zauner is accused of driving while under the influence of marijuana. Zauner's vehicle was stopped by State Police in the Town of Bennington on Sunday for an alleged traffic violation. A trooper trained in drug recognition evaluated Zauner and a urine sample was collected for analysis at the crime lab in Albany. His passengers, Matthew P. Tambe, 18, and Tyler M. Tambe, 18, were charged with unlawful possession of marijuana.

Demolition should be largely wrapped up today.

Route 19 at Mill Street in the Village of Le Roy is shut down due to the planned demolition of the Wiss Hotel. Only emergency vehicles will be allowed through.

UPDATE 12:04 p.m.: The roadways are being reopened and Le Roy fire is going back in service. The Wiss is about three-quarters of the way torn down, but the work can continue without the streets being blocked off.

On my way out of Le Roy, I stopped by the Wiss again and got there just before Tim Hens did.

I know from previous conversations, Tim was pretty interested in how a third floor was added to a wood-frame building.

It looks like the third floor was just built right on top of the roof of the original structure. What we're seeing is the back of the original structure and a portion of the added on third floor, which was built across the original structure and a later extension to the back of the building.

The other key thing -- and this picture doesn't really capture it as obviously as it is visible in person -- is how much the third floor and second floor ceiling is sagging.

Hens and Bob Lathan talked about the condition of the building a bit. As you know from our previous tour of the building, there was a sheet of ice on a large portion of the third floor.

Lathan said since then we've have a few thaws and refreezes.

Hens said ice weighs as much as concrete.

Lathan said the string he had stretched through the second floor to measure settling of the building had dropped 3/4 of an inch in the last month.

Though Hens said it's just his opinion and not scientific, based on what he observed today, he doesn't think the building would have lasted through another winter.

Hens said it probably still would have taken a developer gutting the building to accurately access the soundness of the structure.

Just a photo to show the progress of the Wiss Hotel demolition.

The best estimate John Pontillo has received so far for repair of the former Pontillo's Pizza location in Le Roy is $33,000.

The building was damaged Aug. 6 when it was struck by a car owned by Marie Costa.

Costa's insurance company is apparently denying a claim for damage to the building under something known as the "emergency doctrine."

In New York and other states, a person is not liable for injury or damage in an accident if a person is "faced with a sudden and unexpected circumstance, not of their own making, that leaves them with little or no time for reflection."

What exactly happened that caused Costa's vehicle to careen over a curb and ram into the Pontillo's building seems to still be a matter of medical dispute, but from John Pontillo's interpretation of what he's been told by Costa's insurance company, she died prior to the accident so the company isn't responsible for any claims.

Costa was insuranced by Adirondack Insurance.

The way Pontillo sees it, Costa was driving the vehicle before any sort of medical condition arose -- if one did -- and therefore Adirondack should pay up.

"Like others have said, she is the one who put the car in motion and there was damage done before the car finally came to a rest," Pontillo said.

When Costa's car hit the building, it dislodged a large limestone brick from the archway by the front door. The repair will require extensive safety measures to keep other stones from cracking or falling.

Meanwhile, Pontillo has foreclosed on the property, claiming substantial debts to himself from the Elizabeth Pontillo estate. The property will go up for auction, but Pontillo fears with the damage it won't even sell.

The more the building sells for, the more of the estate's debts (which Pontillo said are substantial to himself and others) can be paid.

If the building doesn't sell, John Pontillo is stuck with a heavily damaged building that he can't use without repairs.

He's thought in the past of opening another pizzeria at the location, but with the damaged building, that isn't possible.

The condition of the building is also a major concern to the village, according to Mayor Greg Rogers.

Pontillo said Adirondack has refused to pay Le Roy for damage to a planter and signs. Rogers said he isn't even thinking about that claim.

"I would much rather worry about getting that building back in shape," Rogers said.

The village is working with its insurance company, Tompkins, to try and resolve the dispute.

One option for Pontillo would be to sue the estate of Costa. He doesn't really want to do that to her family, but such a suit might force Costa's family to sue Adirondack. He's hoping the family will put pressure on Adirondack to settle with Pontillo. He suspects -- though can't prove -- that Adirondack paid the family for a claim on Costa's car.

We requested a statement from Adirondack on the case but have yet to hear back from the company.

Michael J. Penvose set out to Dollar General in Le Roy on Saturday with a simple mission: buy a thermometer that might give him an accurate reading of his infant daughter's temperature.

She had received a vaccination shot and the doctor told Penvose her temperature might creep up. It might even hit 100, but if it hit 100.1 he should call for help or bring her into the hospital.

"We were taking her temp with a thermometer we got from the hospital," Penvose said. "It was saying 99.6, 99.8. I've got it all written down in the house. Then I put it in my mouth and checked my temperature and it said 97.9 and my girlfriend's was different. I panicked. I'd been up all night with her and we're short on money. I went down to Dollar General and I was a few dollars short. I kind of panicked."

What Penvose, 33, did next landed him in The Batavian's "Law and Order" column for Monday. He was charged with petit larceny. It also led to a phone call to The Batavian from Penvose's landlord with "the rest of the story."

Yes, Penvose stole a thermometer, but he also received a bit of charity from an unexpected source: A Le Roy police officer.

Officer Emily Clark purchased that thermometer and gave it to Penvose as he was released from custody and told him to go home and take care of his daughter.

"I told him when I gave it to him that it wasn't that I condoned the fact that he stole it, certainly," Clark said. "And it wasn't condoning that he wasn't very cooperative with Officer Robb, it's just that I can appreciate having a sick child at home and just the situation he's in. How do you not have sympathy for somebody who can't afford something for a child that's a necessity?"

Penvose is originally from Angola and he and his fiance have lived in Le Roy for two months. He said he's had his "fair share" of brushes with the law over the years, but he feels like in the past six months things have been turning around for him, even as he struggles to find a job locally.

There's a sign on the couple's door instructing visitors to remove their shoes before entering and their infant daughter was cute as a bug and dressed a snug jumpsuit when a reporter dropped by unexpectedly.

The big issue with finding a job, said Penvose (he said he can "do anything" -- construction, including roofing and siding, and even build cars) is that he doesn't have a car. Every contractor he's applied with for a job -- 33 in all, he said -- has demanded he have a car. 

That issue may be settled by now. The couple was planning on trying to buy a car today using a a tax refund check his finance received.

The thermometer Penvose tried to purchase was more than $7 and Penvose only had $4.50 in cash on him at the time.

"I panicked," he said. "She was burning up and I just felt something was wrong and I didn't want to take a chance."

After he left the store, Officer Daryl Robb found Penvose walking east of the Yellow Goose.

Penvose admits he wasn't entirely honest with Robb when they first spoke.

"I gave them a little line of a story because I was panicking," he said. "I just wanted to get home. I'd been taking her temperature every three hours."

Robb took Penvose back to the station and at that point Penvose opened up and told the full story.

"I just thought I should tell him exactly what the situation was," Penvose said. "Everybody in the room, it looked like, they all had tears in their eyes."

Clark left, went to the store, and paid for the thermometer, and Robb finished processing Penvose on the petit larceny charge.

"I guess if I was that situation I would want somebody to do that for me," Clark said. "We're not just cops. We're people, too. It's not part of the job, but I guess I like being able to do that as part of the job."

Making a bit of charity part of her job is something Clark has done a few times before said Chief Chris Hayward. For example, when homeless people have passed through the village, she's bought them food.

"That's the type of officer you want," Hayward said.

Clark was surprised when a reporter showed up at headquarters today asking about the incident. It's not something she expected anybody to find out about. When we first asked Hayward about it, he didn't even know Clark had helped Penvose.

Penvose is worried what the misdemeanor charge might mean for him, but he's still in disbelief that a police officer, or anybody, would help him in that situation.

"Not a lot of people out there do stuff for me and I do a lot for a lot of people," Penvose said. "I'm always a helping hand. My past has not been very good, but I'm always helping somebody. It doesn't matter what it is. If somebody needs their yard raked or (has a) flat tire, it don't matter what it is, a rainstorm, I'll pull over. When she did that for me, it was shocking. I was like wow, there are people out there who ... well, I guess it was the situation. It wasn't for me anyways. It was for my daughter."

How long does it take a police officer to learn how to get people to blow into a plastic tube?

This isn't the set up to a joke. The fact is, the NYS Department of Health requires police officers to take a three-day course and pass a certification test before he or she can administer a breathalyzer test to a suspected drunken driver.

Seventeen law enforcement officers from as far away as Stuben County have been in Le Roy for three days earning their breath-test certification.

The class is being taught by Sgt. Michael Hare of Le Roy PD and Sgt. Brian Frieday.

Accurate results from a certified tester are needed in case the test is challeged in court.

Crews have spent the morning getting the demolition site ready for removing the former Wiss Hotel building from the corner of Main and Lake streets in Le Roy.

The first backhoe whack at a wall will take place sometime after lunch hour.

A supervisor for Empire Dismantlement Corp. said demolition starts at the back of the building and works toward the front. First order of business is to make room for dump trucks to park on the building site.

By Saturday, crews should be ready to take down the front facade. When they get to that point, Main Street will need to be closed for a time.

The building is being taken down "hot," meaning that any existing asbestos in the building has not been removed prior to demolition.

We've also learned that the iron awning that was on the west side of the building has been removed. The owners of the Smokin' Eagle (formerly the Eagle Hotel, and soon to be the last standing old hotel in the Village) plan to use it on their back entrance. Demolition crews will recover the chains that held it to the Wiss when demolition gets to that point.

UPDATE 4:36 p.m.: Had to leave Le Roy a little earlier than anticipated because of the situation at the middle school, but did snap a couple shots following the start of actual demolition.

Contractors will arrive in the Village of Le Roy tomorrow to start demolition of the former Wiss Hotel building, Mayor Greg Rogers confirmed.

Tomorrow, work crews will begin prep work.The entire demolition process is expected to take about a week.
 

A young female in Le Roy who fell into Oatka Creek about 10 or 15 minutes ago, was rescued and medics are at her home on Myrtle Street to get parental permission for treatment. Le Roy fire and rescue were initially called to Trigon Park.

UPDATE 4:51 p.m.: Responders are back in service.

Joshua Tyler Gilbert, 20, of Lewiston Road, Batavia, is charged with disorderly conduct.  Gilbert was stopped at 8:20 p.m. Saturday on Route 77, Darien, by Deputy Joseph Corona for allegedly speeding. During the traffic stop, a warrant for Gilbert's arrest was discovered and he was taken into custody. Bail was set at $100.

Joseph Carl Jeffords, 22, of West Main Street, Le Roy, is charged with criminal impersonation, 2nd. Jeffords was reportedly the driver of a vehicle stopped at 11:24 p.m. Saturday on West Main Street Road, Batavia. Jeffords allegedly gave Deputy Patrick Reeves a false name during the traffic stop. Jeffords allegedly was driving without a valid NYS drivers license and has three suspensions. Jeffords was jailed on $1,000 bail.

Patrick Daniel Moore, 35, of Stouts Road, Elba, is charged with promoting prison contraband, 2nd. Moore allegedly possessed tobacco while confined at the Genesee County Jail.

Alexander Phillip Browne, 28, of Lake to Lake Road, Stanley, is charged with DWI, driving with a BAC of .08 or greater, speeding and refused pre-screen device. Browne was stopped at 12:46 a.m. Sunday on Route 5, Batavia, by Sgt. Thomas Sanfratello.

Richard Thomas Cooke, 44, of Hedley Street, Medina, is charged with petit larceny. Cooke is accused of stealing scrap from a location on West Main Street Road, Batavia. The property owner reportedly confronted Cooke. The suspect allegedly fled the scene in his pickup truck. Cooke was located later at his residence in Medina and taken into custody.

Two 17-year-old Batavia residents are charged with unlawful possession of marijuana. The two teens were located in a vehicle behind a shopping plaza on West Main Street, Batavia, by members of the Local Drug Task Force. A quantity of marijuana was allegedly spotted in the lap of one of the teens. Upon further investigation more marijuana was allegedly located in the vehicle.

Lisa Marie Harlach, 44, of Kelsey Road, lower, Batavia, is charged with harassment, 2nd. Harlach was arrested on a warrant for allegedly making verbal threats to kill or harm another person by use of a firearm.

Michael J. Penvose, 33, of 27 E. Main St., Le Roy, is charged with petit larceny. Penvose is accused of shoplifting from a business on West Avenue, Le Roy.