Le Roy

A motor-vehicle accident with unknown injuries is reported at Route 5 and Asbury Road, Le Roy.

One of the vehicles is a plow truck and the driver of the truck is out and walking around.

Le Roy PD on scene. Le Roy fire and Le Roy ambulance dispatched.

UPDATE 10:44 a.m.: Le Roy chief reports Le Roy fire can go back in service. The ambulance can come in non-emergency.

The Mighty St. Joe's Drum & Bugle Corps invites people who are interested in joining its ranks to an Open House from 10 a.m. to 1 p.m. on Sunday, Jan. 14, at Wolcott Street School in Le Roy.

The school is located at 2-6 Trigon Park (off East Main Street).

Mighty St. Joe's Drum & Bugle Corps is a noncompetitive group from the WNY/Rochester area, which participates in parades, indoor concerts and field shows. It is looking for new members of all ages and all sections, including brass, percussion, working guard and Honor Guard.

All levels of experience are welcome.

Visit MSJ on the Web at:  www.mightystjoes.com

Send email inquiries to:  mightystjoes@gmail.com

An accident is reported on East Main Road in Le Roy, in the area of Stella Collison.

No word on injuries.

It is blocking.

A chief on scene is asking for Route 5 to be shut down at Linwood Road.

Le Roy fire responding.

UPDATE 6:55 p.m.: A chief on scene says two ambulances are needed.

Tops announced the same-day home delivery service being available across the chain’s footprint in Buffalo, Rochester, and Syracuse, as well as Erie, Pa., in the last quarter of 2017. Tops anticipates rolling out the service into most of its remaining stores by the end of first quarter of 2018.

As one of the region’s largest supermarket chains, Tops customers throughout the geographic footprint, whether residing in a larger city or a rural community, now have access to same-day home delivery from Instacart. 

Thousands of items including fresh meat, seafood, and produce literally are right at shoppers fingertips and delivered to their doors in as little as one hour. Customers will not only find a vast majority of Tops in store deals online, but will still find the brands they love, all while earning the gas points they value that they can redeem when they visit Tops fuel stations.

For more information on Instacart delivery from Tops please visit TopsMarkets.com/Instacart.

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Tops Markets LLC, is headquartered in Williamsville and operates 169 full-service supermarkets with five additional by franchisees under the Tops banner. Tops employs more than 15,000 associates and is a leading full-service grocery retailer in New York, Northern Pennsylvania, and Western Vermont. For more information about Tops Markets, visit the company's website at www.topsmarkets.com.

Le Roy PD is investigating the theft of copper gutters from a residence in the Village sometime overnight this past Saturday into Sunday.

During that night an unknown person stole the copper gutters, which were stored in the backyard of the residences on West Main Street, which was having the roof replaced.  

The gutters were greened with age.

Anyone having information as to who committed this crime or who recently came in contact with copper gutters aged green is asked to call the Le Roy Police Department at 585-345-6350.

Dalton Chadwick Kelley, 20, of Chase Park, Batavia, is charged with attempted assault, 3rd, and harassment, 2nd. Kelley is accused of hitting another person in the forehead and of hitting a police officer during an incident at 11:03 p.m. Jan. 3 on Chase Park, Batavia. Kelley was jailed on $2,500 bail. Kelley is also accused of keying two vehicles at 6:25 p.m. the same day and was charged with two counts of criminal mischief, 4th.

Austin L. Wester, 23, of Pratt Road, Batavia, is charged with four counts of possession of a forged instrument, 2nd. Wester is accused of forging four checks belonging to another person in order to cash them.

Devon Devonanir Rodgers, 30, of Pearl Street, Batavia, was arrested on a warrant out of City Court for alleged violations of the terms of his conditional release.

Alicia Michelle Gomez, 42, of South Main Street, Batavia, is charged with violation of probation. Gomez was released on a warrant stemming from a complaint in February. Gomez was jailed on $2,500 or $5,000 bond.

Frankie J. McQueen, 26, of Snipery Road, Corfu, is charged with DWI, driving with a BAC of .08 or greater, illegal signal, and aggravated unlicensed operation, 3rd. Officer Chad Richards was dispatched at 6:51 p.m. Dec. 27 to the area of Thomas Avenue for a report of a red Chevrolet Cobalt being driven erratically and at a high rate of speed. The vehicle was located and stopped at McQueen was identified as the operator.

Samuel A. Torrelli, 24, of Stage Road, Albion, is charged with unlawful possession of marijuana and inadequate headlights. Torrelli was stopped at 10:30 p.m. Dec. 28 on East Main Street, Batavia, by Officer Mitchell Cowen.

Winston A. Lockhart, 22, of Holland Avenue, Batavia, is charged with two counts of harassment, 2nd. Lockhart was arrested on a City Court warrant after police were dispatched to 29 Holland Ave., Batavia, to investigate an unrelated disturbance. 

Zachary J. Marrow, 26, of Seven Springs Road, Batavia, was arrested on two warrants for alleged failure to appear in City Court after being served subpoenas. Marrow was located by Deputy Mathew Clor and turned over to Sgt. Eric Bolles and arraigned in City Court.

Levi Spikes Jr., 44, of Lewis Place, Batavia, is charged with unauthorized use of a motor vehicle, 3rd, speed not reasonable and prudent, leaving the scene of a property damage accident, unlicensed operator, driving without insurance. Spikes was allegedly involved in a motor-vehicle accident at 9 a.m. Jan. 1 at 56 Harvester Ave., Batavia.

 Jacob J. Sponaugle, 18, of Liberty Street, Batavia, is charged with driving while impaired by a combination of alcohol and drugs, aggravated unlicensed operation, 3rd, driving a vehicle without an inspection sticker, failure to keep right, and unlawful possession of marijuana. Sponaugle was stopped at 9:46 p.m. Dec. 29 on East Main Street, Batavia, by Officer James Prusak.

Joseph Michael. Smith, 41, of State Street, Batavia, is charged with petit larceny. Smith is accused of stealing from his employer, a gas station and convenience store at 629 East Main Street, Batavia, in November. Smith was also charged with petit larceny for allegedly shoplifting from Dick's Sporting Goods.

Justin T. Gladney, 28, no permanent address, is charged with unlawful possession of marijuana and criminal trespassing, 3rd.

James Derek Wert, 36, of Tracy Avenue, Batavia, is charged with criminal contempt, 2nd, and harassment, 2nd. Wert was allegedly involved in an incident at T.F. Brown's on New Year's Eve where he violated an order of protection and struck another person in the face. 

Jonathan R. Hyman, 45, of Drake Street, Oakfield, is charged with unlawful possession of marijuana, driving a vehicle without an inspection sticker, and criminal possession of a weapon, 3rd. Hyman was stopped at 4:08 p.m. Saturday on Main Street Road, Batavia, by Deputy Kyle Krzemien.

Christopher Patino, 23, of Eagan Boulevard, Henrietta, is charged with DWI, driving with a BAC of .08 or greater, unlawful possession of marijuana, and following too closely. Patino was stopped at 7:11 p.m. Friday on Route 77, Pembroke, by Deputy Micheal Lute.

Kenneth Joseph Rumble, 28, of Maple Road, Alabama, is charged with possession of a hypodermic instrument. Rumble was allegedly found in possession of a needle during a search by a probation officer.

Michael A. Shetler, 27, of Stafford, is charged with menacing, 2nd, unlawful imprisonment, criminal mischief, criminal mischief, 4th, acting in a manner injurious to a child. Shetler was arrested by State Police in relation to an incident reported at 9:29 p.m. Saturday in Stafford. No further details released.

Ricky O. Cooper, 40, of Le Roy, is charged with harassment, 2nd. Cooper was arrested by State Police in relation to an incident in Pavilion reported at 11:20 p.m., Nov. 21. No further details released.

James M. Caccamise, 29, of Byron, is charged with forgery of a deed or will. Caccamise was arrested by State Police. No further details released.

Le Roy fire is out at 66 Clay St., Le Roy, for water in the basement and an odor of natural gas.

A chief on scene reports that there is a water main break right outside of the house, which is flooding the house.

UPDATE 2:05 p.m.: RG&E contacted. No ETA on when workers will respond.

It's apparently been 40 years since anybody organized a community skate in the dead of winter on Oatka Creek in the Village of Le Roy, but that's exactly what Jay Beaumont and Jon Marcello, two of the owners of Smokin' Eagle BBQ & Brew, did today.

Beaumont said he remembered regularly skating on the creek when was growing up but thinks nobody wanted to organize anything after a child was hurt around 1980.  Still, there is still a light pole next to the creek and with the help of the highway superintendent, he found out it still works (second photo).

At around 11 a.m. they got a pick-up hockey game going.

Nicholas G. Williams, 41, of West Main Street Road, Batavia, is charged with criminal contempt, 2nd, and burglary, 2nd. Williams is accused of unlawfully entering a dwelling in Le Roy with the intent to commit a crime, thereby violating a court order to stay away from the resident. He was also charged with resisting arrest. He allegedly resisted officers when they attempted to place handcuffs on his wrists. He was jailed on $10,000 bail.

Christina M. Sanchez-Anderson, 29, and Kodey R. Mills, 24, both of Church Street, Le Roy, were charged with criminal possession of a controlled substance, 7th. Sanchez-Anderson and Mills were arrested after Le Roy PD responded to a report of a domestic disturbance at 9:30 a.m., Sunday. During the investigation police allegedly observed a crack pipe in plain view in the living room. Mills was released on an appearance ticket. There was a warrant for the arrest of Sanchez-Anderson on an unrelated charge. She was jailed on $1,000 bail.

Lori A. Say, 50, of Roanoke Road, Stafford, is charged with petit larceny. Say is accused of shoplifting from a business on West Avenue in the Village of Le Roy.

James M. Tinker, 25, of Fowler Road, Linwood, is charged with criminal mischief, 4th. Tinker is accused of punching and breaking the window of another person in the Village of Le Roy during a dispute. Tinker was treated for cuts on his hand an issued an appearance ticket.

Chazmar T. Walters, 25, of Myrtle Street, Le Roy, was arrested on a warrant for alleged failure to appear. 

Brian Gilbert Keller, 22, of Sumner Road, Darien, is charged with criminal contempt, 1st, and harassment, 2nd. Keller allegedly spit in the face of another person, a violation of a refrain from offensive conduct order of protection. He was jailed on $10,000 bail, $15,000 bond.

Byron-Bergen's Lady Bees beat Le Roy in a girls basketball game Tuesday night at Byron-Bergen, 58-34.

The two teams were tied at the half, but the Bees outscored the Knights in the third and fourth quarter, 21-11 and 16-2.

For Byron-Bergen, Kelsey Fuller scored 16 points, Miriam Tardy, 14, Juliana Amesburg, 12, and Emily Kaczmarek, 8.

For Le Roy, Erin Cappotelli had 12 points, Bryn Luckey, 7, and Ava Horgan, 6.

Bruce Doug Seelau, 69, of Genesee Street, Corfu, is charged with DWI, driving with a BAC of .08 or greater, leaving scene of property damage accident, moving from lane unsafely, and speed not reasonable and prudent. Deputy Ryan Young responded to a report of a single-vehicle accident at 2:34 a.m. Saturday on South Lake Road, Pembroke, and found a vehicle on its side. Seelau was identified as the driver. Neither Seelau nor a passenger were injured. 

Collin Ronald Wickings, 24, of Clinton Street Road, Bergen, is charged with violation of a court order. Wickings allegedly had a third party contact two people he was ordered not to contact by court order.

David Joseph Michael Welninski, 23, of Ballard Road, Fillmore, is charged with driving while ability impaired by drugs, criminal possession of a controlled substance, 7th, criminal possession of a hypodermic instrument, and failure to keep right. Welninski was charged following an investigation by Deputy Ryan DeLong into a single-vehicle accident reported at 9:23 p.m. July 15 on Lake Street Road, Le Roy.

Lee Carl Zimmerman, 47, of South Lake Avenue, Bergen, is charged with harassment, 2nd. Zimmerman is accused of shoving another person during an incident reported at 12:25 a.m. Friday at a location on Lake Avenue, Bergen.

While many Americans are worried about higher broadband costs or diminished service following the repeal by the FCC of "Net Neutrality" rules, customers of Empire Access can continue to count on unmetered, unthrottled, unlimited data, Bob VanDelinder, director of marketing for the company, told The Batavian today.

"The changes in net neutrality, we don't feel, will affect Empire Access because we still plan to keep the Internet open for our customers," VanDelinder said. "We will continue to offer unlimited data without content blocking, no throttling, and no paid prioritization. The customers on Empire Access should not see any changes."

Last week, the Federal Communications Commission overturned a 2014 rule known as Title II that prohibited Internet service providers from having tiered pricing plans, so-called "net neutrality."

The change has caused customers of Empire Access to call the company and express concern that their service will be changed and VanDelinder said they're all assured that there will be no changes. Soon the company will embark on a social media campaign to help spread that message. Customers will also receive an assurance of the company's commitment to unmetered service with the bills that will be mailed Jan. 1.

Proponents of net neutrality say the repeal of the law will mean restricted, or slower, bandwidth for customers or content providers who don't pony up extra cash.

Opponents of net neutrality say that Title II inhibits innovation and is holding back companies from making the investments necessary to provide faster broadband to more customers.

The idea of ISPs trying to squeeze more money from content providers is not without precedent. Prior to the 2014 rules, Comcast sought fees from Netflix and tacked on an extra charge for customers who streamed more Netflix shows and movies.

Empire Access doesn't know what its competitors might do following the rule change, VanDelinder said, but as far as Empire Access is concerned, nothing has changed.

"It's somewhat early yet to know what is going to take place with our competitors but as far as our stance on the ruling, it's our feeling that our customers come first," VanDelinder said. "We will continue to provide open access to our customers."

Over the past several years, Empire Access has been expanding throughout the Southern Tier and Western New York. It's an expansion plan that started before Title II was enacted, continued through the Title II era, and will continue going forward, VanDelinder said. Whether there is net neutrality or not, it doesn't slow down Empire Access's plan for expansion and innovation.

"We're a family-owned company," VanDelinder said. "We're a local company. What is best for the customer is really what we're striving to achieve to provide the best services."

Being a family-owned business has its advantages over larger competitors, such as Comcast, VanDelinder noted. 

While Comcast sought more money to stream Netflix, it wasn't taking the same approach with Hulu, which is owned in part by Comcast.

"Our business is providing Internet, phone, television, and security services," VanDelinder said. "We don't necessarily have these conflicts like some of our competitors do."

Since Empire Access came to Batavia and Le Roy, local customers are in a unique position of having options. Nearly 60 percent of households in America have only one company to call for broadband service.  

"One of the great things about operating in the towns, villages, and cities where we provide service is that we create competition," VanDelinder said. "Competition is good for the consumers."