Le Roy

A resident of 3 Orchard Drive, Le Roy, who suffered serious burns in a house fire early Monday morning, has reportedly told Le Roy Police that he started the fire.

Charges are pending against Paul F. Atkinson, 42, according to a statement from Le Roy Police.

Atkinson remains hospitalized at Strong Memorial Hospital where he is being treated for first-, second- and third-degree burns.

According to Le Roy Police, Atkinson said that he started the fire as a result of a disagreement he had with his father Sunday.

The release says that Atkinson made a full statement taking responsibility for the fire.

Several hours before the fire, Atkinson appears to have left a status update on his Facebook page that reads, "everyone can go to hell, tired of this life."

The fire was reported at 3:26 a.m. after the family dog alerted Atkinson's sister to the fire. Her husband, Richard Nelson climbed from a second-floor window to escape the flames and reportedly suffered an ankle injury in the fall. His wife was helped down an outside stairway by a Le Roy Police Officer.

The father, Thomas Atkinson, who owns the house, was not at home when the fire started. He was delivering newspapers.

Daniel William Tuerk, 25, of Genesee Street, Corfu, is charged with DWI and driving with a BAC of .08 or greater. Tuerk was arrested after reportedly trying to proceed through an accident scene on East Main Street, Corfu, at 12:58 a.m., Saturday.

Earl Bryan Benson, 22, of Chestnut Street, Batavia, is charged with felony DWI and refusal to submit to breath test. Benson was reportedly found asleep in a vehicle at 2 a.m., Sunday, parked at 64 S. Main St., Elba. Sgt. Brian Friday made the arrest after an investigation revealed that Benson allegedly drove drunk to that location. Benson was jailed on $1,000 bail.

name redacted, 18, of 36 Dellinger Ave., Batavia and Jordon E. Terkel, 21, of 76 E. Main St., Corfu, are charged with unlawful dealing with a child, 1st, and endangering the welfare of a child. xxx and Terkel are accused of supplying alcohol to two 15-year-olds and a 16-year-old on May 28.

Jason Warren Spencer, 25 of Church Street, Le Roy, is charged with criminal obstruction of breathing or blood circulation and harassment, 2nd. Spencer is accused of being involved in an unspecified incident alleged to have occurred early Saturday morning.

Eugeno Nunez-Gomez, 22, of Hundredmark Road, Elba, is charged with DWI, drving with a BAC of .08 or greater, failure to keep right, unregistered motor vehicle, improper/switched plates. Nunez-Gomez was stopped at 1:12 a.m., Sunday, in the area of 5800 Transit Road, Elba, by Deputy Frank Bordonaro.

James Daniel Kavanagh, 21, of North Avenue, Le Roy, is charged with assault, 3rd. Kavanagh is accused of being involved in a fight at an address on Main Road, Stafford, in which he injured another person.  

Jason Paul Schaefer, 19, of Martin Road, Clarence Center, is charged with criminal contempt, 2nd. Schaefer is accused at being at the Phish concert June 8 while another person he is barred from being near was also at the concert. Schaefer then allegedly got into a verbal altercation, allegedly violating the order of protection.

Matthew F. Vanbuskirk, 22, of 108 Myrtle St., Le Roy, is charged with DWI, driving with a BAC of .08 or greater and having non-transparent side windows. Vanbuskirk was stopped Saturday by a Le Roy Police patrol.

Lena Marie Evans, 23, of West Main Street, Batavia, is charged with criminal possession of a controlled substance, 7th. Evans was allegedly found in possession of narcotics during a check the welfare complaint at 8:32 p.m., Friday.

Ryan Christopher Riggi, 16, of Transit Road, Elba, is charged with criminal contempt, 1st. Riggi allegedly violated an order of protection after reportedly pushing a caseworker on a home visit. Riggi was jailed on $1,000 bail.

Kevin James Huston, 27, of Brooklyn Avenue, Batavia, is charged with petit larceny. Huston is accused of claiming rewards and discounts from Kmart he was not entitled to obtain.

Evan Charles Burstein, 24, of Sunset Hills Road, Reston, Va., is charged with criminal possession of a controlled substance, 7th, and unlawful possession of marijuana. Burstein was reportedly found by Darien Lake security wandering around the theme park in an intoxicated condition. Upon investigation by Deputy Chad Minuto, he was allegedly found in possession of Clonazepam tablets outside their original container and a quantity of marijuana. Burstein was jailed on $250 bail.

John Mitchell Irish, 29, of Dartmouth Street, Rochester, is charged with felony DWI. Irish was allegedly involved in a car vs. pedestrian accident on Sumner Road, Darien, at 12:26 a.m., June 9. Irish was jailed on $1,500 bail.

Jessica R. Johns, 28, of 120 Jackson St., Batavia, is charged with unauthorized use of a vehicle, 3rd. Johns is accused of taking the car of an acquaintance without permission on June 9. Johns was located on June 10 and the car was returned reportedly undamaged.

Jason Schafer, 23, of Geneseo, is accused of evading cigarette taxes. Schafer was allegedly found in possession of 2,000 untaxed cigarettes.

UPDATE 10:49 a.m.: The family cat perished in the fire.

UPDATED 9:27 a.m. Updated at 2:32 p.m. with addtional information included.

One person suffered burns in an early morning house fire at 3 Orchard Drive, Le Roy, the that Le Roy police classify as suspicious.

No suspect has been named in the fire.

Two other people managed to escape the blaze, one by climbing out of a second floor window and the other being helped from a second floor deck by a Le Roy Police officer, who protected her from the flames as he helped her down an outside stairway.

The call came in at 3:26 a.m. after the family dog woke one of the residents and alerted her to the fire. She called 9-1-1.

The woman was then helped from the deck by Officer Rob Tygart. Her husband, Richard Nelson, climbed from a back window when his exit path was blocked by flames.

Paul Atkinson, 42, reportedly suffered 1st, 2nd and 3rd degree burns. He was taken by Le Roy Ambulance to Strong Memorial Hospital.

Nelson suffered an ankle injury, but initially declined treatment. Hours after the fire, he requested treatment for the injury as well as a complain of pain in his side.

The fourth occupant of the home, the owner, Thomas Atkinson, was out  delivering newspapers at the time the fire was called in.

Le Roy Chief of Police Chris Hayward said the investigation has not yet determined if smoke detectors sounded after the blaze started.

"The daughter was the one who called the fire in and the way it was going it probably would have been a total loss if she hadn’t heard the dog," Hayward said. "God only knows what the outcome would have been."

There are aspects of the fire scene, Hayward indicated, that lead investigators to suspect the fire could have been intentionally set.

Investigators are trying to determine who might have set the fire.

An aggressive response by the first Le Roy firefighters on scene, Bill Wood and Tom Carroll, was critical to containing the fire to two back rooms, said Le Roy Fire Chief Mike Sheflin, who also gave credit to the department's aerial crew.

"You can see where they cut the vent," Sheflin said. "It's in the perfect spot to keep the fire from extending."

Sheflin said the department quickly overcame a problem with water pressure in the neighborhood by calling in tankers from Stafford, Bergen, Pavilion and Caledonia.

The chief wouldn't speculate on the cause of the drop in water pressure and referred questions to the Monroe County Water Authority. There is water line construction currently taking place on East Avenue.

Also assisting at the scene were Genesee County Emergency Services and the Genesee County Sheriff's Office. A Mercy EMS ambulance responded on standby in Le Roy while the local ambulance was tied up on the call.

No firefighters were injured.

A one-vehicle rollover accident is reported at 8364 Oatka Trail. The victim is still trapped inside.

Le Roy Fire and Ambulance are dispatched.

UPDATE 7:50 p.m. (by Howard). The vehicle "has uprighted itself" and left the scene. A first responder said, "I just passed it. It's all over the road." The vehicle was last seen on Circular Hill Road headed toward Route 5. The vehicle is a black and white Chevy S10 with three occupants. Le Roy unit responding to the scene of the original accident to deal with a small fuel spill. The other truck responding is back in service.

UPDATE 7:59 p.m. (by Howard): Le Roy fire back in service.

A Mt. Morris man with a prior criminal record was allegedly observed selling heroin in a Village of Le Roy parking lot, leading to his arrest on multiple drug dealing and possession charges.

Shaun M. Theriault, 30, of Parker Road, is being held in the Genesee County Jail without bail.

Theriault may also be wanted in Florida, but that hasn't been confirmed. He has prior convictions in New York for grand larceny, 4th, and robbery, 1st.

The Sheriff's Office reports that members of the Local Drug Enforcement Task Force and the Le Roy Police Department observed Theriault allegedly conducting a drug transaction in a municipal parking lot in the village.

Upon approaching Theriault's car, officers allegedly found a quantity of suspected heroin, packaging baggies, a digital scale and $506 in U.S. currency. 

Theriault was arraigned in Town of Le Roy court for alleged attempted criminal sale of a controlled substance, 3rd, attempted criminal possession of a controlled substance, 3rd, attempted criminal possession of a controlled substance, 4th, and criminal using drug paraphernalia, 2nd.

A web site out of Florida lists a Shaun M. Theriault with a birthdate of April 20, 1981 as wanted on a fugitive extradition warrant. Theriault is listed on the site as a Nunda resident. The mug shot on the site shows a blond man, but some facial features are similar. The warrant is from 2004, so may no longer be current.

Theriault was held in the state prision in Wyoming County from 2004 until Jan. 14, 2011, when he was released on parole. The crime was robbery, 1st, committed in Livingston County. He was previously in state prison in 2000 to 2001.

There is a report of a brush fire near the back of the cemetery, off North Street in Le Roy.

Le Roy Fire and Le Roy Ambulance responding.

UPDATE 8:48 p.m.: A chief reports, "It appears to be fairly decent size ... but we're not going to get it from here." He's recommending units repond to Church Street. Another chief requests law enforcement to the scene on the Church Street side.

UPDATE 8:57 p.m.: Fire knocked down.

UPDATED 3:26 p.m., with clarification of a quote.

In the interest of justice, the aggravated harassment in the second-degree charges filed against political activist Chris Charvella should be dropped, Charvella's attorney argued in Town of Batavia Court this morning.

The hearing was prompted by the defense's motion to dismiss the case.

"If you allow this case to go forward, what is the public going to think?" Charvella's attorney, E. Robert Fussell, told Justice Mike Cleveland. "Are they going to trust a system where a politician is allowed to call the police and have a political opponent silenced?"

Assistant District Attorney Melissa Cianfrini, representing the people, argued that the case against Charvella is neither political nor does it conflict with the First Amendment.

The case is entirely about Charvella's conduct, Cianfrini argued. The key question is whether that conduct violates the harassment, 2nd, statute against making phone calls with no legitimate purpose.

Charvella is accused of placing a phone call to Legislator Jay Grasso and leaving a message on his answering machine. The message said, "Thank you for reading my blog."

Cianfrini argued that the message had no legitimate purpose and taken within the context of comments made by Charvella on The Batavian and on his own blog, constitutes an attempt to threaten and intimidate Grasso.

"What Mr. Charvella did was serious," Cianfrini said. "It wasn't a light moment. He wasn't trying to be funny. It was serious and if you look at the whole body of conduct, it is serious."

In order for the case to be considered serious, Fussell argued, the conduct of Charvella would have to be seen by a reasonable person as intimidating. Just because the alleged victim, he argued, felt alarmed doesn't mean the conduct is in fact harassing.

"Mr. Grasso is either an exceptionally sensitive person who is easily frightened, or he is acting to shut out Mr. Charvella from the political process," Fussell said. 

A key fact disputed during the hearing was the timing of the phone message in relation to a post Charvella did with a picture of an Ewok with the caption, "Prepare your anus."

Cianfrini said the posting of the picture followed by the phone message was clear evidence that Charvella intended to intimidate Grasso.

Fussell countered that the Ewok picture was posted after the phone call, so Grasso could not have seen the picture before getting the phone message.  

To which Cianfrini replied that if that's the case, Charvella's conduct potentially constituted a threat.

Fussell quickly replied that Charvella hadn't been charged with such a crime.

"If those are the facts that come out at trial, the people reserve the right to file that charge," Cianfrini said. "He's on notice."

A few times during the oral arguments, Cianfrini made the point that Grasso wasn't acting in his capacity as a sitting legislator, so the First Amendment didn't apply to the case.

The events around the case were entirely personal, Cianfrini argued, and not about politics or anything Grasso did as a government official.

"That’s what the First Amendment deals with, the government not politics  the placement of a political sign or personal conflicts," Cianfrini said.*

And even if it is a political issue, Cianfrini said, the case isn't about the content of any postings or messages. It's about Charvella's conduct, which Cianfrini argued, was clearly intended to intimidate and harass Grasso, causing him to feel alarmed.

One key piece of evidence not available in the case, Fussell complained, is the phone message itself. The recording was not preserved.

Fussell said the recording would provide important context to the message -- what was Charvella's tone of voice? Was it threatening? Was it humorous? 

It's hard to believe, Fussell said, given Grasso's background in law enforcement, that he didn't know to preserve the evidence.

Cianfrini said Grasso's law enforcement training is irrelevant to the case and that the recording is not needed since Charvella doesn't dispute the fact that he left the message.

As the oral arguments before Justice Cleveland wore down, the tensions between the attorneys intensified.

A couple of times near the close, Fussell made the point that if the case goes forward, Charvella will incur significant legal expenses (Charvella has already spent $7,000 on the case) while Grasso is getting the services of Cianfrini for free.

"That's not accurate, you're honor," Cianfrini said. "I take exception to that remark, I represent the people of the State of New York and I can't stand here and let that go on the record."

*NOTE: Quote clarified after further discussion with Melissa Cianfrini. 

An 81-year-old Le Roy narrowly escaped death Monday after her car got stuck on train tracks in Steuben County and another person pulled her from the car just before a train struck it.

Angeline Pascucci was reportedly disoriented, driving on the tracks and refused to get out of her car. A passerby had to physically remove her from the vehicle.

Pascucci was not injured.

The hero was Laurie Eldridge.

Eldridged dragged Pascucci from the car just before a northbound train broadsided it at 40 mph.

(via YNN)

Ronald L. MacGregor, 42, of 66 Lake St., Le Roy, is charged with criminal possession of a forged instrument, 2nd. MacGregor was arrested following an investigation by Le Roy Police into an allegation that MacGregor entered a local pharmacy possessing a forged or altered prescription script and passed it to pharmacy staff. MacGregor was jailed on $3,000 bail.

Martin Fitzgerald Jones, 40, of West Main Street Road, Batavia, is charged with petit larceny. Jones was arrested on a warrant out of city court.

Dwayne William Brown, 25, of North Main Street, Holley, is charged with DWI, driving with a BAC of .08 or greater, speeding (90 mph in a 55 mph zone), passing in a no passing zone, operating out of class. Brown was stopped at 2:53 a.m. Saturday on Route 33, Stafford, by Deputy Frank Bordonaro. Bordonaro allegedly observed Brown riding a motorcycle on Route 33 while going 90 mph.

Joseph Thomas Bortle, 39, of Knowlesville Road, Oakfield, is charged with petit larceny and criminal possession of a controlled substance, 7th. Bortle is accused of trying to shoplift $26.97 in batteries from Kmart. During the investigation, Bortle was allegedly found in possession of a narcotic analgesic pill for which he didn't have a prescription.

Jordan Gerard Merica, 19, of Alleghany Road, Corfu, is charged with unlawful possession of marijuana. Merica was stopped on Route 77, Darien, for alleged traffic violations at 4:40 p.m. Friday by Deputy Patrick Reeves. 

Brian Patrick O'Grady, 46, of Lyman Road, Bergen, is charged with driving while impaired by drugs and alcohol. O'Grady was allegedly involved in a property damage accident on Dublin Road, Bergen, at 11:45 p.m. Sunday. O'Grady allegedly left the scene of the accident and was located at his residence a short time later.

Elizabeth Ann Lindner, 24, of West Main Street Road, Batavia, is charged with forgery, 2nd. Lindner is accused of passing a forged check.

Pavilion and Le Roy fire departments are responding to a serious injury accident on Old State Road in Covington.

Covington is part of the Pavilion Fire District.

There are two victims, and adult and a child. At least one victim was entrapped.

One Mercy Flight helicopter is in route.

A grass fire is reported off the eastbound Thruway between mile markers 379 and 380. Le Roy fire and ambulance responding.

UPDATE 7:25 a.m.: Chief Chris Hayward said Dustin G. Nicometo, 24, called his mother at 4 a.m. and said he was OK, but would not divulge his location. The search for this morning was cancelled.

UPDATE 5:17 a.m.: A family member just sent a text message: "The young man has been found and is OK." No further details available at this time.

The search for a missing Le Roy man who apparently walked into Oatka Creek shortly after 10 p.m. has been suspended for the night.

The young man, whose identify has not been released, was last seen by a Le Roy police officer floating in the creek. All of his clothing -- except for his underwear -- were found downstream on an island in the creek.

"Our best hope is that he got himself out and doesn't want to be found yet," said Le Roy Police Chief Chris Hayward.

The missing man was described as intoxicated at the time he went into the water.

Hayward said the search was suspended because of concerns for the safety of rescue personnel. It's a moonless night and Oatka Creek is running high and swift.

Shortly before 11:30 p.m., Le Roy Fire Department was put back in service, though a Geneseo K-9 unit continued to try and track the man along the banks.

The search will resume at 6:30 a.m., if he hasn't turned up by that time.

Several family members were on scene and expressed both disappointment and understanding at the search being called off.

Mercy Flight was called in to for an air-to-ground search with spotlights, but could not locate him.

Le Roy fire personnel responded first with generators and lights and their own powerful flashlights, searching along the banks from the area of the footbridge down past the graveyard.

Bergen fire was dispatched to the area of Buttermilk Falls to keep an eye on the creek. Buttermilk Falls is approximately 1.2 miles down stream from where the search was centered.

When the search resumes in the morning -- if the young man doesn't turn up before then -- a State Police helicopter will be brought in to assist.

(Initial report)

A person is believed to have jumped off the footbridge over the Oatka Creek in Le Roy.

Le Roy Police are on scene. The person was last seen in the water, but it's unclear if he's still in the water.

Le Roy firefighters are asked to respond with a boat.

Le Roy Ambulance dispatched.

The subject went into the water "by the bike rack south of the footbridge." Unclear if he jumped or just went into the water.

UPDATE 10:15 p.m.: Chief requests generator and lights to the scene.

UPDATE 10:23 p.m.: Lights and thermal camera set up at Church Street. Nothing visible.

UPDATE 10:24 p.m.: A Le Roy officer has apparently found some of the person's clothing on an island in the creek.

UPDATE 10:28 p.m.: State Police helicopter requested to the scene.

UPDATE 10:30 p.m.: Bergen requested mutual aid to stage in the area of Buttermilk Falls.

UPDATE 10:37 p.m.: No confirmation yet of State Police helicopter being available. A Mercy Flight helicopter requested to the scene. 

UPDATE 10:39 p.m.: Caledonia requested to stand by at Le Roy's fire hall.

UPDATE 10:43 p.m.: Mercy Flight in route.

UPDATE 10:46 p.m.: Geneseo K-9 in route.

An unknown type of fire has been reported in the back yard of 6972 Cole Road, Le Roy.

Le Roy Fire Department responding.

UPDATE 11:01 p.m.: Landowner on scene tells a chief he thinks it may be over by Bernd Road, so the chief is checking that area.

UPDATE 11:02 p.m.: Assignment being held to one truck for now.

UPDATE 11:03 p.m.: It appears to be a campfire.

UPDATE 11:05 p.m.: Le Roy assignment back in service.

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A dryer fire was reported at 61 Myrtle St., Le Roy, in the basement.

Flames were showing.

An assistent chief responded to the scene and knocked the flames down with an extinguisher.

Le Roy Fire is responding and Bergen is responding mutual aid, non-emergency.

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