Le Roy

Kelly A. Lucas, 41, of 62 Summit St., Le Roy, is charged with DWI. Lucas was reportedly involved in an ATV accident Friday night at a location just off Lake Street. Lucas reportedly lost control of the ATV and rolled it. She was arrested following an investigation by Le Roy PD. (Initial Report)

Joshua Andrew Robert Anstett, 18, of Caledonia, Ontario, Canada, is charged with DWI, driving with a BAC of .08 or greater and possession or consumption of alcohol in a motor vehicle. Anstett was charged following an investigation into an accident in the employee parking lot of Darien Lake Theme Park at 9:55 p.m., Saturday. Anstett is accused of driving over nine fence posts, striking three different chainlink fences and a set of wood stairs before he was stopped by Darien Lake security officers.

Christina Catherine Fiscus, 33, of Byron Holley Road, Byron, is charged with DWI, driving with a BAC of .08 or greater and speeding. Fiscus was stopped at 2:11 a.m., Sunday, on Route 262, Elba, by Sgt. Brian Frieday.

A 40-year-old female has possibly suffered head and neck injuries in a 4-wheeler accident in Le Roy behind Bob Adams Automotive, located at 59 Lake St. Le Roy fire and ambulance are dispatched.

UPDATE 9 p.m.: Perhaps the information was inaccurate. Le Roy was put back in service a minute ago and that's all we heard.

The early spring cold snap was a set back for some of the strawberry plants at Duyssen Family Farm in Le Roy.

The plants growing in the hoop houses, however, are coming on strong, according to John Duyssen. He expects strawberries ready for picking by Memorial Day.

The different growing cycles of the two groups of plants, however, should extend the amount of time strawberries are available at the farm.

The farm is located at 9187 Bater Road, Le Roy, and as soon as the strawberries are ripe, customers will be welcome to pick their own.

Previously:

• Duyssens keep 'the family' in family farming
• Strawberry and honey farm in Le Roy going solar

Village of Le Roy residents are wondering why a security guard suddenly appeared at the Bank of America branch on Main Street.

Speculation centers around concern over protests against B of A, but those took place during the bank's shareholder's meeting May 9 and mostly in other parts of the country.

A spokesman for B of A said the bank doesn't discuss bank security.

An accident with injuries has been reported in the area of 8607 Lake St. Road, Le Roy.

Le Roy Fire Department and ambulance responding.

The victim is out of the car and walking. There's only one vehicle involved. It's off the road.

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A large grass fire is reported in the area of 7921 E. Main Road, Le Roy, behind the old Le Roy Machine location.

Le Roy Fire Department and ambulance responding.

UPDATE 11:20 a.m.: It's a rubbish fire on the west side of the building. A chief notes the no open burn regulation is in effect for one more day.

UPDATE 11:26 a.m.: The fire is not near a field nor a building. The owner is tending to it and the burn is on a concrete surface. Le Roy fIre is back in service.

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Pete McQuillen is pushing forward once again with his plans to build a senior living community off Robbins Road in Le Roy, and if Thursday's Genesee County Planning Board meeting is any indication, he's going to face renewed opposition.

The board voted unanimously to recommend approval of a zoning change to allow the project to move forward.

McQuillen spoke to the board, and so did David Boyce, a Filmore Street resident who joined his neighbor, Town Supervisor Stephen Barbeau, in a lawsuit against the Village and the Town of Le Roy.

The lawsuit eventually led to the village concluding some of its procedures in approving the project were not in compliance with state law, which has left McQuillen with no choice but to start the approval process over.

Boyce said emphatically he is favor of the project, but then listed a series of complaints, that if completely addressed would completely nullify McQuillen's current plans.

Chief among Boyce's complaints is that in targeting 55-and-older residents, Robbins Nest Drive doesn't comply with the village master plan.

Boyce said the master plan calls for housing for the 30 to 55 age group, which is a primary source of spending.

He also said the project density is out of compliance with the master plan.

Jim Duval, county planning director, said staff has concluded the project does comply with the master plan.

Robbins Nest Drive must still go through several more steps of approval, including approval of a final plan, before McQuillen can proceed with construction.

Also, in another matter, the planning board recommended that the City of Batavia not approve a sign variance for Gold Rush at 4152 W. Main St., Batavia.

Owner Jim Vo put up several large promotional signs in windows in a belief that they complied with city ordinance. City code inspectors later told him the signs were out of compliance, even though they are similar in content and size to signs that had been allowed for a previous tenant.

Besides advertising his business, the signs are also important privacy screens for customers while they are in his store, he said.

However, Vo said he wants to be a good business neighbor and if he can't get approval for his signs, he'll find a way to comply with the code and meet his customers' expectations for privacy.

Nicholas J. Pascucci Jr. is indicted on a count of criminal possession of a controlled substance, 4th, criminal possession of a controlled substance, 4th, and unlawful possession of marijuana. Pascucci is accused of possessing with the intent to sell 44 oxycodone tables on Nov. 25 in the Town of Le Roy.

Robert L. Ealey is indicted on a count of driving while ability impaired by the combined influence of drugs and alcohol and aggravated unlicensed operation. Ealey is accused of DWAI on Jan. 1, on Church Street, Le Roy. Ealey was previously convicted of DWI on Jan. 29, 2009.

MIchael D. Pacer is indicted on a felony of DWI and felony driving with a BAC of .08 or greater. Pacer is accused of driving drunk on Sweetland Road, Stafford, on Dec. 1. Pacer was convicted of DWI July 7, 2008.

Melvin G. Draper is indicted on a felony count of DWI, felony driving with a BAC of .18 or greater, and aggravated unlicensed operation, 1st. Draper is accused of driving drunk Oct. 29 while in the Town of Batavia. Draper was previously convicted of DWI on March 3, 2009.

The Grand Jury returned a "no bill" on the charge of aggravated criminal contempt against Eric M. Duda.

The Grand Jury returned a "no bill" on the charge of criminal contempt, 1st, against Jerry K. Scroger Jr.

Michael J. Hilton is lucky to be alive, one of his crime victims told him in Genesee County Court this morning.

Hilton admitted to second-degree burglary on March 14 and was in court today for sentencing. He received the maximum available under his plea deal: 10 years in state prison.

The 20-year-old Batavia and Le Roy resident broke into a home on Swan Street with accomplice Kurt Hawkins in September and the owner awoke to find Hilton in his room standing next to his gun cabinet.

"He didn't realize how close he came to dying that night," the local resident told Judge Robert C. Noonan. "I had a shotgun shell in my hand. I realized I couldn't get to my gun. I thought I would choke him, but I couldn't catch him. I'm glad I didn't because I would have had to live with that."

The resident said his daughter still has trouble sleeping at night because of the trauma of the break-in.

When Hilton was asked if he had anything to say, he turned and faced the victim and said, "I'm sorry."

As Hilton spoke, he began to tear up, and was sobbing as he addressed the victim's family.

"I sincerely apologize for what I put you and your family through," Hilton said. "I'm honestly sorry. I should have known better than to make the choice I made. I'm sorry.

"I'd also like to say to my family, I'm sorry," Hilton added. "I'm sorry for all the things I put you through. I know you don't need to be here now wasting your time for me because I'm nothing. I thank you for supporting me, for being here even though I don't deserve it."

Typically, defendants who apologize in court become indignant after receiving a harsh sentence from Noonan, but not Hilton. He continued to hang his head and wipe away tears.

After the hearing, the victim said he believed Hilton was sincere.

"I felt he was very remorseful," the resident said. "I almost felt bad for him just for a split second. That went away fast.

"I wish my wife had been here to see how he felt," the resident added. "She's just getting to where she can sleep at night. She didn't want to see him because when he ran out of the bedroom, he was this close to her, like you and I are right now. I wish she could have been here to see for herself."

Noonan agreed with the victim that HIlton is lucky to be alive.

"(The victim) said you came close to being killed and you know what, the law would protect (him) for doing that," Noonan said. "There's been lots of publicity about this case in Florida, but that is not your case. This is not a stand-your-ground case, because New York has allowed people to protect themselves in their own home forever. It has always been the right of a victim to kill an intruder."

Both Jerry Ader, Hilton's attorney, and Noonan noted that Hilton had a rough childhood.

"I don't know if you know this or not, but before I sentence anyone for any crime, including serious crimes like the one you're convicted of, I receive lots and lots of information about the person's background and history," Noonan said.

"It starts at birth and includes school records and medical records. Your story is a very sad story. You've had some horrible things happen in your life and I don't want you to think it's gone unnoticed."

But, Noonan said, considering the crimes Hilton committed, if not for that background, Noonan never would have allowed the plea deal Hitlon received. He would have required Hilton to face a jury and if convicted of the three possible burglary charges he could have been tried on, faced a much longer prison term than 10 years.

Before he left the courtroom, Hilton looked at his family members one more time and then hung his head and walked toward the door and out of the courtroom.

Lonnie A. Fairbanks, 45, of 6227 Skyview Lane, Mt. Morris, is charged with felony DWI and refusal to take a breath test. Fairbanks was arrested after Le Roy PD responded to a report of a rolling domestic Saturday on Lake Street. Fairbanks was jailed on $5,000 bail.

Robert G. Whitehead, 21, of 28 Clay Street, Le Roy, is charged unlawful dealing with a child, 1st. Whitehead is accused of hosting an underage drinking party.

Roger K. Williams, 55, of 19 Exchange St., in Le Roy, is charged with DWI, driving with a BAC of .08 or greater and unlawful possession of marijuana. Williams was arrested after Le Roy PD responded to a report of a domestic disturbance on Church Street in the early morning hours Sunday. Williams was jailed on $500 bail.

Raymond J. Radley, 46, of 10661 Cook Road, Pavilion, is charged with criminal contempt, 1st. Radley is accused of violating an order of protection by calling the protected person several times and driving past the person's place of work. Radley was jailed on $1,000 bail.

Zayis Rooper King, 19, of Oatka Trail Road, Le Roy, is charged with unlawful dealing with a child, 1st. King is accused of hosting an underage drinking party.

Shawn David Bowman, 40, of Oakta Circle Road, Le Roy, is charged with trespass. Bowman is accused of driving his vehicle on a nature trail behind Pembroke Town Park that is marked "pedestrian use only."

Tyanna Desiree Green, 17, of Lewis Place, Batavia, was arrested on a bench warrant related to a petit larceny charge. The petit larceny allegedly occurred in December. Green was jailed on $200 bail.

Joseph George Sumeriski, 20, of Blackhouse Road, Warsaw, is charged with unlawful possession of marijuana. Sumeriski was arrested at 6:15 a.m., Saturday, on Park Road, Batavia, by Deputy Dana Richardson.

Travis A. Weatherbee, 25, of 25 Swan St., Batavia, is charged with crminal use of drgu paraphernalia, 2nd. Weatherbee is accused of possessing a needle and a spoon. The spoon was allegedly used to liquify a prescribed medication.

GO ART! has announced the winners of the 2012 Genesee/Orleans Student Poetry Contest.

Students from schools in both counties were invited to participate.  
The winners in Genesee County are:

• Ian Edwards -- Grade 2, Alexander
• Will Johnson -- Grade 5, Byron
• Emily Leone -- Grade 6, Le Roy
• Anna Dembowski -- Grade 12, East Bethany

A chance meeting with five local farmers in a Le Roy diner helped convince Donnie Henderickson to take a logging job with David Henry Isabell, the 43-year-old, now-convicted timber con man, Henderickson said today.

Henderickson spoke after his appearance in Genesee County Court where he was given a conditional discharge on a single petit larceny conviction.

Isabell called Henderickson out to Le Roy to talk about a job on property owned by Lynn Belluscio, Henderickson said. It was the first time Henderickson had done anything with Isabell in 10 years, he said.

After the meeting at Belluscio's property, they went to a local diner and ran into the farmers, who greeted Isabell like an old friend, he said.

"After I got home, I said (to my wife), ‘I can’t believe it. He really changed his ways,’ " Henderickson said. "He was pretty shifty 10 years ago, and he hasn’t changed his ways. The only thing he’s done is he’s learned to finesse the BS a little more."

Henderickson described Isabell as charming -- a master of BS -- and said the 43-year-old Liverpool resident deserved a harsher sentence than he got.

He said he was sorry for what happened to the property owners Isabell conned.

He's also sorry for himself and what he's been through.

He said -- backed by his wife of 30 years -- that he's always been a legitimate logger, but this ordeal has ruined logging for him.

"It's a shame," he said. "When I drive out here, I see lots of good timber. I could have made a lot of money out here (in Genesee County) legitimately. I didn't need this.

"You know it's tough to make money (in logging) anyway. After this, all anybody has to do is get on the computer and pull a DEC report and see Mr. Henderickson’s name right there and they’re not going to deal with me."

To make a living now, Henderickson drives a log truck for another company.

The 49-year-old resident of Bernhards Bay was originally charged with grand larceny, 4th, 23 counts of timber trespass, grand larceny, 3rd, and scheme to defraud, 1st.

Those charges were reduced to petit larceny with a promise of no jail time on the condition that Henderickson testify truthfully against Isabell.

Rather than go to trial, Isabell entered a guilty plea to timber trespass and scheme to defraud, 1st. He was sentenced April 26 to six months in jail and five years probation.

Assistant Distirct Attorney Kevin Finnell said in court today that he is convinced that Henderickson was a partner in Isabell's timber scheme.

"I think Mr. Henderickson was well aware of what was going on with the home owners," Finnell said. "He was clearly part of this scheme, albeit to a lesser degree of culpability, but he certainly knew what was going on."

Even so, Finnell said, he didn't oppose the recommendation of the probation department that Henderickson receive a conditional discharge.

A conditional discharge means that if Henderickson isn't re-arrested for anything in the next year, the petit larceny conviction will be dropped from record.

"For the victims, I’m very glad they got the restitution they got, but as far as Mr. Isabell and (his sentence), what he did was wrong," Henderickson said.

A 20-year-old Le Roy resident is being accused of burglary for allegedly breaking into the old Jell-O plant on North Street, Le Roy, and stealing tools, wire and other items from a business there.

The burglary was discovered after Easter weekend when employees returned to work.

The suspect, John H. O'Shea, of 84 Wolcott St., Le Roy, is accused of making forced entry into the building.

As part of the month-long investigation, police executed a search warrant at a residence in Riga, where some of the allegedly stolen property was located.

O'Shea is charged with burglary, 3rd, and grand larceny, 4th.

After arraignment, O'Shea was released under the supervision of Genesee Justice.

Le Roy PD says the investigation is ongoing.

Michael Timothy Van Houter, 21, of East Main Road, Le Roy, is DWI, driving with a BAC of .08 or greater, failure to reduce speed, driving left of pavement markings in a no-passing zone and failure to stop at stop sign. Van Houter was charged following the investigation into a motor-vehicle accident at 11:24 p.m., Tuesday, on Perry Road, Le Roy. The investigation was conducted by Deputy Jason Saile.

Rea Anne Leaha Wimmer, 19, of Broadway Road, Darien, is charged with driving while ability impaired by drugs and moving from lane unsafely. Wimmer was stopped at 12:40 p.m., Tuesday, on Clinton Street Road, Batavia, by Sgt. Thomas Sanfratello.

Austin L. Wester, 17, of 3373 Pratt Road, Batavia, is charged with criminal contempt, 2nd, and criminal possession of stolen property, 4th. Wester is accused of violating an order of protection. During the investigation, Wester allegedly admitted to possessing property he knew was stolen. Wester was jailed without bail pending an appearance in Batavia City Court today.

Latoya D. Jackson, 26, of Batavia, is charged with disorderly conduct and resisting arrest. Jackson is accused of screaming profanities in Batavia City Court and then struggling with deputies in the lobby of the Genesee County Courthouse. Jackson was jailed on $2,000 bail.

A two-car accident with unknown injuries is reported at Cole Road and Route 77 19 in Le Roy. Le Roy fire and ambulance are responding.

UPDATE 6:45 p.m.: Injuries are minor. The ambulance is told to respond in non-emergency mode. A responder says "As soon as we can get law enforcement here, we'll probably clear."

A 24-year-old Le Roy man was sentenced to 90 days in jail and 10 years probation Thursday for downloading and possessing pornography involving children under 17 years old.

Thomas J. Smith, of Main Road, Le Roy, was arrested in December following an eight-month investigation by State Police.

Earlier this year, Smith entered a guilty plea to promoting sexual performance by a child for downloading pornography involving a child under age 17, and a second count of promoting sexual performance by a child for possessing pornography involving a child under age 16.

Both counts are Class E felonies.

Smith will return to Genesee County Court on May 31 for a sexual offender status hearing, which will determine his standing in the New York sexual offender registry.

A person apparently tried to steal a Milton Cat excavator from a location on Craigie Street, Le Roy, and damaged the machine in the process.

The attempt was made some time between Friday about 11:30 a.m. and Sunday about 4 p.m..

According to Le Roy Police, a person apparently tried to hot-wire the excavator, breaking open a control unit and cutting wires.

The excavator was parked on Craigie Street as part of a gas line replace project in the area.

Any person with information pertinent to the investigation, or who may have seen people around the excavator, are asked to call Le Roy PD at 768-2527.