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Le Roy

Car drives into Burger King building in Le Roy

By Howard B. Owens

A car has driven into the Burger King on West Main Street in Le Roy.

There are no injuries, no utilities damaged. The driver is out of the car.

Le Roy fire responding. Le Roy ambulance dispatched as a precaution.

UPDATE 8:19 a.m.: Le Roy assignment back in service. Scene turned over to law enforcement.

UPDATE: Reader-submitted photos added.

Psychiatric exams confirm Kyle Johnson has mental disorder, a danger to society

By Howard B. Owens
      Kyle Johnson

After completing mental health evaluations, two doctors have found that Kyle G. Johson, who killed a neighbor and then set his own house afire on Selden Road in Le Roy on Dec. 1, 2015, is a present danger to himself or others because of a psychological disease or disorder.

Based on the medical reports, Interim Judge Micheal Pietruszka this morning confirmed the finding and ruled that Johnson has a dangerous disturbance of his behavior, thinking, feeling or judgment.

In August, Johnson was confined to the mental hospital in Rochester and ordered to undergo care, counseling and rehabilitation. This morning, Pietruszka confirmed the sentence and ordered him held until he is found to no longer be a danger or mentally disturbed, if indeed he is ever deemed mentally healthy again.

The morning of Dec. 1, 2015, Johnson walked to a neighbor's house, entered through an unlocked door and went into the bedroom of Norman Ball and shot him in the head while he slept.

Johnson then returned to his residence and set it on fire. 

When firefighters and a police officer arrived at the fire, Johnson tried to shoot them.

After a several-hour stand-off that involved emergency response teams from Genesee and Monroe counties as well as law enforcement officers from the Sheriff's Office, Batavia PD, Le Roy PD and Monroe County, Johnson was taken into custody without any further violence.

For prior coverage about Kyle Johnson, click here.

Photos: A tour of St. Mark's in Le Roy

By Howard B. Owens

St. Mark's Episcopal Church in Le Roy held an open house today. 

Photographers were invited to take pictures for a photo contest being sponsored by the church in anticipation of its 200th anniversary as a congregation in 2017.

The church building itself was constructed in 1869.

Grand Jury: Inmate accused of selling heroin while in county jail

By Billie Owens

Bradley J. Broadbent is indicted for the crime of promoting prison contraband in the first degree, a Class D felony. It is alleged that on April 24 at the Genesee County Jail, Broadbent, while confined in the detention facility, knowingly or unlawfully made, obtained or possessed dangerous contraband -- heroin. In count two, Broadbent is accused of the crime of criminal possession of a controlled subtance, a Class B felony, for allegedly knowingly and unlawfully possessing a narcotic drug -- heroin -- with intent to sell it while at the jail. In count three, he is accused of the crime of criminal sale of a controlleged substance in the third degree, a Class B felony, for allegedly knowingly and unlawfully selling a narcotic drug -- heroin.

Roberto F. Fuentes Jr. is indicted for the crime of driving while intoxicated as a Class E felony. It is alleged that on July 14 on Alleghany Road in Corfu, Fuentes drove a Pontiac while intoxicated. In count two, he is accused of DWI, per se, also a Class E felony, for allegedly having a .08 BAC at the time. In Special Information filed by the district attorney, Fuentes is accused of having been convicted of DWI, as a misdemeanor, on May 28, 2014 in the Town of Amherst, Erie County, and that occurred within 10 years of the crimes alleged in this indictment.

Nicole A. Mickey is indicted for the crime of driving while intoxicated as a Class E felony. It is alleged that on July 10 on Richmond Avenue in Batavia, Mickey drove a 2004 Toyota while intoxicated.

Sergio A. Forte is indicted for the crime of unauthorized use of a vehicle in the second degree, a Class E felony. It is alleed that on June 30 in the Town of Le Roy that Forte, while knowing he did not hoave the owner's consent, took, operated and exercised control over, rode in or otherwise used a 2003 Ford Focus. In Special Inofrmation filed by the district attorney, Forte is accused of having been convicted of unauthorized use of a motor vehicle in the third degree, a Class A misdemeanor, on March 10, 2007, in the Town of Le Roy, and that occured within 10 years of the crime alleged in this indictment.

Duo accused of stealing pit bull from animal shelter after lengthy search in the woods off Quinlan Road

By Howard B. Owens
   Giancarlo Miranda      Haleigh Ogden

After a search of the woods last night in the area of Keeney Road and Quinlan Road, Le Roy, two suspects in a series of incidents were located and arrested.

The call to police started with a report to Le Roy PD of suspicious activity at the Kwik Fill in Le Roy, followed by the report of an accident on Keeney Road at about 10:13 p.m.

Two people were seen fleeing into a wooded area.

Deputy Ryan Young along with the K-9 patrol led by Livingston County Deputy Michael Wade responded and started a search. 

Also assisting were other Le Roy PD officers, local deputies, troopers and State Police aviation.

After a lengthy search, the suspects were located and identified as Haleigh I. Ogden, 18, of East Avenue, Batavia, and Giancarlo A. Miranda, 18, of Clipnock Road, Stafford.

During the course of the investigation, Ogden and Miranda were identified as suspects in a burglary that occurred sometime between Dec. 8 and 9 at the Genesee County Animal Shelter. A pit bull was stolen from the shelter. 

Last night, they were found in possession of the pit bull.

Both were charged with burglary, 3rd, and jailed on $15,000 bail each.

The pit bull was returned to the animal shelter.

(initial report)

Possible burglary thwarted in Quinlan Road area of Le Roy, suspects flee on foot

By Howard B. Owens

Deputies are looking for possible burglary suspects in an area north of Quinlan Road in Le Roy.

The suspects may have tried to flee in a vehicle and it either crashed or they abandoned it and ran into the woods.

There are reportedly two males and a female.

A neighbor has also pursued them into the woods, according to dispatchers.

A K-9 unit from Livingston County is requested to the area to assist in the search.

Apartment in Le Roy filling up with gasoline fumes

By Howard B. Owens

Le Roy fire is requested to 18 Genesee St., Le Roy, for an apartment that is filling up with gasoline fumes.

UPDATE 2:03 p.m.: Le Roy Ambulance now requested to the scene to check on a female who may have breathed in fumes.

Grand Jury: Two men indicted for first-degree burglary of Central Avenue apartment

By Billie Owens

Daniel J. Gilbert is accused of the crime of first-degree burglary, a Class B violent felony. It is alleged that on Oct. 28, Gilbert knowingly entered or remained unlawfully in a dwelling -- an upper apartment on Central Avenue in Batavia -- with the intent to commit a crime therein and when entering or immediately fleeing from the dwelling, he or another participants in the alleged crime caused physical injury to a person who was not a participant in the crime. In count two, Gilbert is accused of second-degree assault, a Class D violent felony. It is alleged in count two that Gilbert or another participant, in the course of and in furtherance of the commission or attempted commission of a felony, caused physical injury to a person others than one of the alleged participants.

Marquis K. Saddler is accused of the crime of first-degree burglary, a Class B violent felony. It is alleged that on Oct. 28, Saddler knowingly entered or remained unlawfully in a dwelling -- an upper apartment on Central Avenue in Batavia -- with the intent to commit a crime therein and when entering or immediately fleeing from the dwelling, he or another participants in the alleged crime caused physical injury to a person who was not a participant in the crime. In count two, Saddler is accused of second-degree assault, a Class D violent felony. It is alleged in count two that Saddler or another participant, in the course of and in furtherance of the commission or attempted commission of a felony, caused physical injury to a person others than one of the alleged participants.

Marlek E. Holmes is accused of the crime of criminal contempt in the second degree, a Class A misdemeanor. It is alleged that on June 23 at the Genesee County Courts Facility Holmes intentionally disobeyed or resisted the lawful process or other mandate of a court by violating an order of protection issued by Batavia City Court on Dec. 2, 2015. Holmes allegedly violated the portion of the order which directed him to refrain from communication or any other contact ny mail, telephone, email, voice-mail or other electronic, or any other, means with the protected person. In addition, he is alleged to have violated that portion of the order of protection which directed him to refrain from harassment or any other criminal offense against the protected party.

Tammy L. Strassner-Noble is accused of the crime of aggravated unlicensed operation in the first degree, a Class E felony. It is alleged that on June 18 in the Town of Le Roy, that Strassner-Noble operated a 2012 Cadillac on Main Street while knowing, or having reason to know, that her driver's license in New York was suspended, revoked or otherwise withdrawn. It is further alleged that the defendant was operating the vehicle while under the influence of alcohol or a drug. In count two, Strassner-Noble is accused of the crime of first-degree aggravated unlicensed operation on Main Street in the Town of Le Roy on April 6 and of operating the vehicle while under the influence of alcohol or a drug. In count three, she is accused of driving while intoxicated, as a misdemeanor, on June 18 on Main Street in Le Roy.

Photos: New communications tower going up in Le Roy

By Howard B. Owens

A new 165-foot communications tower is being installed today on Town of Le Roy property off of Asbury Road (the site at one time of an airport).

The tower is part of the county's upgraded 800 megahertz digital communications system and will help fill in some dead spots in the town and village of Le Roy. It will also help in spots in Le Roy where communication was harder inside of buildings.

Steven Sharpe, director of emergency communications for Genesee County said the tower will also help complete the phase of building interoperable capabilities with Monroe County's emergency dispatch center, which will then also create a bridge for communications with Ontario County.

"Our goal is to improve interoperable capabilities throughout the region," said Sharpe (in the bottom photo, taking a video of the shelter for communications equipment being lowered into place.

The tower is funded with a $3 million grant from the state.

Man in U-Haul reportedly 'violently handled dog'

By Billie Owens

A caller to dispatch says a man "violently handled a dog" a short while ago before moving out of the Royal Apartments at 103 W. Main St. in Batavia Le Roy.

He and others left in a U-Haul truck, driving on Main toward Tops Market. No other details/description provided.

Law enforcement is responding.

Law and Order: Elma resident charged with felony DWI

By Howard B. Owens

Stacey Dawn Mancuso, 46, of Jamison Road, Elma, is charged with two counts of felony DWI, driving with a BAC of .18 or greater, aggravated unlicensed operation, 1st, aggravated unlicensed operation, 3rd, and no right and no left turn signal. Mancuso was stopped at 2:22 p.m. Sunday on Pratt Road, Batavia, by Deputy Richard Schildwaster. A passenger in the vehicle was reportedly 5 years old, leading to a charge under Leandra's Law. She also allegedly had a prior DWI conviction within the past 10 years. She was jailed on $10,000 bail.

Daniel John Moore, 36, of Asbury Road, Pavilion, is charged with harassment, 2nd, and criminal mischief, 4th. Moore was arrested after deputies responded to a report of a domestic incident in Pavilion at 8:10 a.m., Nov. 30. Moore allegedly had physical contact during the argument with a person who had called 9-1-1 and Moore allegedly terminated the 9-1-1 call. He reportedly left the scene before deputies arrived and was later located that night and arrested.

Dylan Michael Cobernus, 20, of Maxon Street, Brockport, is charged with unlawful possession of marijuana and speeding. Cobernus was stopped at 10:37 p.m. Wednesday on Route 98, Elba, by Deputy Ryan DeLong.

Devan Dashaun Hazel, 22, of Lewis Place, Batavia, is charged with trespassing. Hazel is accused of trespassing on College Village property at 5:43 a.m. Sunday.

A 17-year-old resident of Harris Road, Le Roy, is charged with criminally using drug paraphernalia, 2nd, criminal impersonation, 2nd, criminal possession of a controlled substance, 7th, criminal possession of a hypodermic instrument and unlawful possession of marijuana. The youth was arrested following an investigation by Deputy Micheal Lute into an incident reported at 11:30 p.m. Dec. 5 on Route 77 in Pembroke. The youth was jailed on $2,500 bail or $5,000 bond.

Taheed Mical Moffett, 31, of Arnet Boulevard, Rochester, is charged with criminal possession of a controlled substance, criminal use of drug paraphernalia and unlawful possession of marijuana. Moffett was arrested after deputies were dispatched at 12:11 a.m. to the Econo Lodge on Route 77, Pembroke, to check the welfare of an individual.

Humphrey joins Whiting Law Firm

By Howard B. Owens

Press release:

The Whiting Law Firm and Robert F. Humphrey, Esq., are pleased to announce that Mr. Humphrey will become “of counsel” to the Whiting Law Firm effective January 1, 2017.

Mr. Humphrey will continue to practice at 3 Main Street, LeRoy, NY - where he and his staff have been serving clients for the past 42 years - until July 1, 2017.  Thereafter, his office and practice will be located at 31 West Main Street, LeRoy, NY.

The Whiting Law Firm has its main office at the 31 West Main Street, LeRoy, NY location, where Reid Whiting and his two sons, Jake and John, will continue to provide a broad range of quality legal services.  The Whiting law Firm also maintains an office at 104 Bank Street, Batavia, NY, where conferences are held by appointment.

Mr. Humphrey is a general practitioner who has been limiting his practice to commercial and residential real estate, estate planning and administration and small business matters.  The Whiting Law Firm offers a broader range of services including the foregoing, as well as family law matters, divorces and other matrimonial issues, personal injury, and general litigation.

Wolcott Street School again wins Play to Get Fit Challenge at GCC

By Howard B. Owens

Press release:

The Health and Physical Education department at Genesee Community College once again congratulates Wolcott Street School in Le Roy for winning the 2016 Play to Get Fit Challenge. Le Roy has captured the title three years in a row. This is the fifth year GCC has conducted the program.

The Genesee Play to Get Fit Program was created for third-, fourth- and fifth-graders in the GLOW (Genesee, Livingston, Orleans and Wyoming counties) region to effectively illustrate how many minutes young people spend engaged in physical activity outside of school. Children keep track through a specially designed "Play to Get Fit" calendar log. Walking, biking, running, skating, swimming, playing a sport, playing tag, playing on a swing set and other active, creative games are all eligible for active "credit." However, video fitness games using Wii or Xbox Kinect are not eligible.

Wolcott Street School in Le Roy came out on top with a total of 177,679 minutes of physical activity outside of school. Becky Dziekan, GCC's director of Health and Physical Education, presented Michael Humphrey, Physical Education teacher, with a plaque recognizing the school's achievement. Each student participant also received a certificate.

Dziekan recognized Tommy Condidorio (Le Roy), Jake Pangrazio (York) and Daniel DeBadts (Warsaw), who were the top three students in the GLOW region and recorded the highest amounts of physical activity. In addition, the top three students at each participating school districts were also recognized for their efforts. The other winning students at the participating schools include:

• Le Roy – 1st Tommy Condidorio; 2nd Xavien Walker; 3rd Adam Woodworth

• Arcade – 1st Taylor Rosier; 2nd Kennedy Whiting; 3rd Jared Day

• Batavia – 1st Damien Marucci, 2nd Dane Dombrowski; 3rd Maggio & Bronx Buchholz

• Warsaw – 1st Daniel DeBadts; 2nd Sophie Montesano; 3rd JJ Holmes

• York – 1st Jake Pangrazio; 2nd Kyan Tiede; 3rd Christian Ralston

• Pavilion – 1st Christopher Doody; 2nd Karley Waller; 3rd Case Cummins

• Perry – 1st Jayden Pritchard; 2nd Natalie Jaques; 3rd Nina Privitera

• Byron-Bergen – 1st Brody Baubie; 2nd Anna McLaughlin; 3rd Victoria Rogoyski

• Elba – 1st Ayden Esten; 2nd Noah Calarco-Smith; 3rd Tristan Snell

"Play to Get Fit continues to encourage kids to have fun and be active," Dziekan said. "The number of kids that participated and the number of active minutes that were recorded show that we once again accomplished our mission. Congratulations to Le Roy and all of the participants."

The Health and Physical Education program at Genesee Community College offers several areas of study. Transfer degree programs or associate of science (A.S.) degrees include: Physical Education Studies and Sport Management Studies. Career degree programs applied associate of science degrees (A.A.S.) include Fitness and Recreation Management, including the Golf Management Concentration through which passionate golfers can turn the sport into a career.

Law and Order: Complaint of woman locked in bathroom for two hours leads to arrest on drug charge

By Howard B. Owens

Tesia Renee Plantiko, 24, of Harris Road, Le Roy, is charged with criminal possession of a controlled substance, 7th, possession of a hypodermic instrument and criminal use of drug paraphernalia. Plantiko was arrested after police responded to a complaint at 9:50 a.m. Nov. 23 from a business on East Main Street, Batavia, that a woman had been in the restroom for more than two hours.

Joseph M. Marscelli Jr., 31, of Central Avenue, Batavia, was arrested on a warrant. Marsceilli allegedly failed to appear in City Court as ordered.

Francis W. Derenzo, 60, of Ellicott Street, Batavia, is charged with harassment, 2nd. Derenzo was allegedly involved in a domestic incident at 12:30 a.m. on Thursday.

Thomas J. Mitchell, 27, of West Main Street, Batavia, is charged with a violation of probation. He was jailed on $10,000 bail.

Dawn M. Newton, 56, of Crane Road, Medina, is arrested on a warrant. Newton turned herself in on the warrant, which is related to an alleged city code violation for deteriorating roof and gutters. Newton posted $350 bail and was released.

Shamir K. Aslam, 29, of Landstone Terrance, Rochester, is charged with criminal contempt, 1st, and criminal mischief, 4th. Aslam was allegedly involved in a domestic incident in violation of a court order and prevented a subject from contacting dispatchers for emergency assistance.

Richard Dean McKague, 26, of Main Street Road, Batavia, is charged with criminal contempt, 1st, and harassment, 2nd. McKague allegedly pushed a person into a door and then kicked her. There was reportedly an order of protection in place. McKague was jailed on $500 bail or $2,000 bond.

Accident on Thruway in Le Roy reported

By Howard B. Owens

Le Roy Fire is responding to an accident on the Thruway in the westbound lane near mile marker 384.

Unknown injuries.

There is heavy front-end damage with airbag deployment. The caller didn't stop.

Local promoter bringing one of the state's first MMA events to Batavia

By Howard B. Owens

Since Sept. 1, mixed martial arts competitions have been legal in New York, and Batavia will be at the forefront next month of hosting tournaments.

Rich Mitchell, of Le Roy, and originally from Stafford (far right in photo) is a former professional MMA fighter and for the past five years has judged fights. Now he's moving into the promotional side of the business, sponsoring his first tournament Dec. 17 at the Quality Inn & Suites in Batavia.

"I’ve been involved with this sport and it was just time (to become a promoter)," Mitchell said. "It’s a natural progression."

There was a promoter in Buffalo, but he's become a deputy commissioner for the sport in New York, so that opened up the WNY market to competition.

Mitchell is planning on promoting six events a year, three in Batavia and three in Buffalo.

At first, the events will be all amateur bouts because professional fights, especially for insurance, are a lot more expensive to stage, but moving up into the promotion of professional fights is definitely part of the plan, Mitchell said.

"It's a little way off," Mitchell said, "maybe a year or two."

The event Dec. 17 starts at 6 p.m. and will feature Morgan Cavanach and Tom Shelby. Tickets are $30 pre-sale, $35 at the door, and VIP cage-seats are $50.

For more information, visit groundforcefights.com.

Top photo: Eddie Ortiz and Pete Flanagan, both on the left, are two of the local fighters who will participate Dec. 17. Joe Loftus, second from right, was originally on the card but will have to sit out because of an injury; and Mitchell.

Bottom photo: Wrestling students and MMA participants at Main Street Fitness, Le Roy.

Rollover accident reported on Warsaw Road, Le Roy

By Howard B. Owens

Rollover accident reported at 9536 Warsaw Road, Le Roy.

Unknown injuries.

That's at the corner of Warsaw Road and Cole Road.

Le Roy fire and Le Roy ambulance dispatched.

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