Le Roy

Frost Ridge Campground owner David Luetticke-Archbell embraces campground manager Janet Whitney — popularly known as “Miss Gabby” — after the joint Le Roy Zoning Board of Appeals issued a decision in favor of the campground Wednesday night.

The long battle is over, and won, for Frost Ridge Campground.

The Le Roy Zoning Board of Appeals on Wednesday ruled in favor of Frost Ridge, finding it a prior nonconforming use. The ZBA determined that “ambiguity” in the town zoning law, leaves room for camping and “attendant recreational activities” including live concerts.

That brings to an apparent close, a three-year legal battle over the Conlon Road facility.

Frost Ridge owner David Lueticke-Archbell was visibly relieved after ZBA Chairperson Debbi Jackett read the decision during a brief meeting in Town Court.

“Wow,” Lueticke-Archbell said. “Wow.”

“I’m so thankful that (the ZBA) took the proper time to really research it and come up with a decision that fit with what was legally right,” he said.

The Frost Ridge site has been used as a campground for decades. David and Greg Luetticke-Archbell have owned the the property since 2008, and have been hosting outdoor concerts there since 2012.

In 2013, the ZBA determined that the concerts are allowable under town zoning law. That decision prompted court challenges by neighbors and the Town of Le Roy. Last April, Supreme Court Judge Robert Noonan invalidated the ZBA’s ruling on technical grounds, and ordered a new public hearing.

That hearing was finally held on Dec. 17, 2015. After 90 minutes of testimony, Jackett said the ZBA would issue its ruling within the legally allowable 62 days — a deadline met on Wednesday.

David Luetticke-Archbell described the experience as a “roller coaster.”

“It’s been difficult,” he said. “The main thing, for me, is I felt like we haven’t been able to service our guests well during this time — not as well as we normally would.”

For Luetticke-Archbell, Wednesday marked the end of one chapter, and the start of another.

“For the legal stuff, this should be the end of the road,” he said. “And, God willing, that will offer some opportunities that we can do this in a way everybody can be happy with.”

Luetticke-Archbell said he would work with his attorney, to make sure the campground runs “by the book.”

“This is about people going on vacation and enjoying themselves,” he said. “We want to make sure everything we do is within the confines of what is allowable.”

Town Supervisor Stephen Barbeau has said the Town Board would abide by a ZBA determination that follows a formal application and public hearing. Wednesday night, he said the Town Board will not be discussing the ZBA ruling.

Neighbors who might disagree with Wednesday’s ruling, are however free to challenge it in court, he said.

About 20 people attended Wednesday’s meeting, many of them Frost Ridge supporters who applauded after Jackett spoke.

The meeting was scheduled for 7:30 p.m., and was officially adjourned at 7:38 p.m. Board members did not accept questions.

———

The ZBA ruling is an interpretation of two sections of town zoning law: Section 165-13, “Nonconforming uses, lots and structures”; and Section 165-39(B), which regards campsites. The following, is a partial transcript of the ruling as read by Chairperson Debbi Jackett:

We, the Le Roy joint Zoning Board of Appeals, conducted a hearing on Dec. 17, 2015, at 7:30 p.m. at the Le Roy Town Hall … The purpose of the hearing was in response to the application for interpretation filed by David Luetticke-Archbell as agent of applicant Frost Ridge Campground LLC, located at 8101 Conlon Rd. in the Town of Le Roy, N.Y. …

The application particularly requested an interpretation of whether zoning code of the Town of Le Roy allows for camping and attendant recreational activities including live and recorded amplified music, concerts and limited food service at the property as a prior, nonconforming use under Section 165-13 and, or likewise, as an exempt campground under Section 165-39(B)

The board notes this application is the first written request furnished by the applicant to this board.

We find that sections 165-13 and 165-39(B) of the zoning code of the Town of Le Roy, have ambiguity regarding the activities of the applicant on the property. We therefore interpret the zoning code of the Town of Le Roy does allow for camping and attendant recreational activities including live and recorded amplified music, concerts and limited food service at the property and is a prior nonconforming use under the aforementioned sections. We further direct that the complete written decision be field in the office of the the Town Clerk within five business days.

A water pipe has reportedly burst at an apartment complex at 8542 W. Bergen Road, Le Roy.

A dispatcher was trying to talk a person through how to shut off the water while Le Roy fire was being dispatched. The person may have gotten it shut off.

Le Roy fire is responding.

UPDATE 4:34 a.m.: The water is shut off and Le Roy fire is back in service.

An attic fire is reported at 25 Hutchins St. in Batavia. City firefighters are responding.

UPDATE 8:02 p.m.: Command on scene reports this is a two-story, multi-unit dwelling and that both upstairs bedrooms are on fire.

UPDATE 8:17 p.m.: Fire is out. Checking for extensions.

UPDATE 8:18 p.m.: Capt. Bob Fix praised the residents for quickly pinpointing the fire location and contacting emergency dispatch. The residents said they were in the basement and repeatedly tried replacing a blown fuse. Subsequently, they smelled smoke and then they found a fire in the attic.

UPDATE 9:26 p.m.: City fire is back in service.

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A two-car accident has been reported on South Street Road, Le Roy, in front of Le Roy High School.

Unknown injuries.

Le Roy fire and Le Roy Ambulance responding.

UPDATE 3:17 p.m.: Apparently, no injuries.

An accident with possible injuries is reported in the westbound lane of the Thruway in the area of mile marker 384.

Le Roy fire and Le Roy ambulance along with Mercy EMS dispatched.

UPDATE 9:37 a.m.: A first responder reports a pickup truck with severe damage to the passenger side. There's a semi-truck involved, too. No word on injuries.  

UPDATE 9:42 a.m.: Landing zone being set up on the Thruway for Mercy Flight. The Thruway will be closed for the landing. Once the helicopter has left, firefighters will clean up the roadway of accident debris and then open one lane.

UPDATE 10 a.m.: Mercy Flight is in the air. One lane being reopened. Mercy Flight is headed to Strong Memorial Hospital.

UPDATE 10:11 a.m.: Both lanes open. State Police and Thruway Authority responsible for traffic. Le Roy fire back in service.

Adam M. Kruetz, 27, of Ross Street, Batavia, is charged with strangulation, 2nd, petit larceny and criminal mischief, 4th. Kruetz allegedly grabbed the throat of another person at 10:20 a.m. Sunday at 5 Ross St., Batavia, and caused that person to nearly lose consciousness, then stole property and broke an item belonging to that person. Kruetz was jailed without bail.

Elizabeth A. Wortman, 28, of Lake Street, Le Roy, is charged with DWI, driving with a BAC of .08 or greater and driver's view obstructed. A witness reported a vehicle driving erratically on Lake Street Road, Le Roy, on Monday. A Le Roy PD patrol stopped Wortman's vehicle on Lake Street and Wortman was allegedly found to be intoxicated.

Michael J. Elmore, 25, of Liberty Street, Batavia, is charged with criminal impersonation. Elmore was located in the parking lot of 305 E. Main St., Batavia, and Elmore allegedly provided false identification to a Batavia police officer in an attempt to avoid arrest on a warrant.

Joseph A. Auricchio, 25, of Broadway Road, Darien, is charged with possession of a hypodermic instrument. Auricchio was allegedly found in possession of a needle at 4:53 p.m. Monday at a location on South Main Street, Batavia.

Brant Gordon Matthews, 21, of Maple Avenue, Le Roy, is charged with unlawful possession of marijuana. Matthews allegedly showed up to a probation meeting at 2:08 p.m. Monday with marijuana in his pocket.

Tyler D. Price, 23, of East Main Street, Batavia, was arrested on a warrant for alleged failure to meet conditions of sentencing.

Todd Patrick Galen, 53, of Merrill Road, Byron, is charged with criminal contempt, 2nd. Galen allegedly violated a court order by failing to comply with animal control regulations.

Tyler J. Penepent, 21, of Oakfield, is charged with petit larceny. He allegedly stole a car lighting bar worth $12.96 from WalMart. 

Kristen E. Dwyer, 23, of Rochester, is charged with unlawful possession of marijuana. Dwyer was stopped on Judge Road by State Police for an alleged expired registration. She was allegedly found in possession of 3.5 grams of marijuana in a baggie, a glass pipe containing burnt marijuana and a multicolored glass pipe containing burnt marijuana residue.

Lionel J. Anderson Sr., 44, of Oak Street, Batavia, is charged with criminal trespass, 2nd, and harassment, 2nd. Anderson allegedly tried to enter a residence on Dellinger Avenue at 10:55 p.m. Sunday after being told to leave. He allegedly pushed one of the residents. He was jailed on $5,000 bail or $10,000 bond.  (UPDATE: Though the reported times are different, Det. Eric Hill confirms this arrest is related to this report last night).

Adrian P. Morris, 36, of South Street, Le Roy, is charged with felony DWI, felony driving with a BAC of .08 or greater, and inadequate headlights. Morris was stopped by Le Roy PD on West Main Street, Le Roy.

William J. Hixenbaugh, 26, of Le Roy, is charged with harassment, 2nd. Hixenbaugh was allegedly involved in a fight in the Village of Le Roy on Friday.

Lisa M. Volk, 21, of Batavia, is charged with petit larceny. Volk is accused of shoplifting at Walmart. She allegedly took $40 worth of nail polish.

Jessie Benedict Joy, 20, of Telephone Road, Pavilion, is charged with DWI, driving with a BAC of .08 or greater, drinking alcohol in a motor vehicle, driving while using a mobile phone, driving left of pavement markings. Joy was stopped at 3:43 a.m. on Telephone Road, Pavilion, by Deputy Ryan Young.

Richard Andrew Germony, 30, of Wildwood Place, Buffalo, was arrested on a warrant for alleged failure to pay fine. Germony is being held in the Genesee County Jail pending his next court appearance.

Andrew C. Webster, 22, of Gillete Road, Alexander, was arrested on a warrant for allegedly failure to comply with court-ordered treatment. He was jailed on $1,000 bail.

Kathryn M. Yark, 18, of Harlem Road, of West Seneca, is charged with criminal possession property, 5th, and unlawful possession of a personal ID, 3rd. Yark was arrested on a warrant and released back to a treatment program.

Jennifer L. Stack, 29, of South Main Street, Batavia, is charged with criminal contempt, 2nd, and harassment, 2nd. Stack was allegedly involved in an incident Feb. 4 on West Main Street, Batavia, where she threatened another person and violated an order of protection. Stack was jailed on $1,000 bail.

Yolanda E. Johnson, 29, is charged with West Main Street Road, Batavia, turned herself in on a warrant for alleged failure to appear on a traffic citation.

Maggie S. Dipilato, 21, of Hutchins Street, Batavia, is charged with criminal mischief. Dipilato was arrested following an investigation into a domestic incident. Dipilato allegedly struck a male in his face damaging his eyeglasses. She was jailed on $500 bail.

Gerard H. Altenburg, 21, of Main Road, Corfu, is charged with DWI, driving with a BAC of .18 or greater, and moving from lane unsafely. Altenburg was arrested following an investigation into a motor-vehicle accident on Gilmore Street, Pembroke, reported at 9:04 p.m. Friday. The accident was investigated by Deputy Ryan DeLong. Altenburg was jailed on $1,500 bail.

Robert C. Paris, 26, of West Main Street, Batavia, is charged with DWI, driving with a BAC of .08 or greater, and failure to stop at stop sign. Paris allegedly failed to stop at a stop sign on Redfield Parkway, Batavia, at 2:14 a.m. Saturday and was stopped by Deputy Ryan DeLong.

Jacqueline Jane Kurcoba, 38, of Pittsford Mendon Road, Mendon, is charged with DWI and insufficient tail lamps. Kurcoba was stopped at 1:14 a.m. Sunday on Lewiston Road, Alabama, by Deputy Eric Meyer.

Kyle Lee-Maddison Michaels, 18, of Overlook Drive, Batavia, is charged with trespass. Michaels allegedly refused to leave the BOCES campus on State Street Road, Batavia.

Ann Marie Schiegel, 38, of Porter Road, Medina, was arrested on a warrant stemming from two counts of petit larceny. Schiegel was jailed on $250 bail.

A 17-year-old resident of Byron is charged with unlawful surveillance, 2nd. The youth is accused of using a mobile phone to view a female victim in a woman's bathroom stall.

Coty Lee Kimmel, 22, of Alleghany Road, Corfu, is charged with criminal possession of a stolen property, 4th. Kimmel allegedly possessed a credit card belonging to another person without permission.

The call initially came in as heavy black smoke coming from a vent at a residence at 111 Myrtle St., Le Roy, indicating a possible structure fire.

A first responder reported smoke coming from a vent for a heater and another reported smoke in the residence.

Le Roy fire and Le Roy ambulance dispatched. Bergen fire initially dispatched, but now told to stand down.

Jackie Ann Duepenngieser, 32, of Page Road, Perry, is charged with three counts of criminal possession of a controlled substance, 7th, aggravated unlicensed operation, 2nd, driving without an ignition interlock device, unregistered motor vehicle and unlicensed operator. Duepenngieser was stopped at 6:23 p.m. Wednesday on Griswold Circle, Le Roy, by Deputy Michael Lute. Duepenngieser was allegedly found in possession of a scheduled nartocitc that was not prescribed to her along with a quantity of cocaine and heroin. Duepenngieser was jailed on $1,000 bail or $2,000 bond.

James Russell Kosiorek, 23, of Main Street, Batavia, is charged with petit larceny. Kosiorek allegedly stole a DVD player from Kmart.

A caller reports that an oxygen tank may have exploded, burning a victim, in an apartment at Le Roy Meadows Apartments, 18 Genesee St., Le Roy.

The fire is reported to be out.

Le Roy fire and Le Roy ambulance responding.

UPDATE 5:39 a.m.: Bergen requested to stand by in quarters.

UPATE 5:46 a.m.: Code enforcement requested to the scene.

UPDATE 5:53 a.m.: Bergen can go back in service.

UPDATE 9:32 a.m.: Press release from Le Roy PD on the incident:

At Approximately 5:28 a.m., emergency services were called to the Le Roy Meadows Apartments B-11 Apt-C, Le Roy, for an explosion that occurred inside the apartment. It was determined that a small explosion occurred when the occupant attempted to light a cigarette while connected to a supplemental oxygen source. The Le Roy Police Officer on location advised there was no active fire but there was smoke inside the apartment. The 58-year-old occupant suffered burns to his face and possibly abdomen and was transported to Strong Memorial Hospital in Rochester by Le Roy ambulance. There did not appear to be significant damage to the structure.

Press release:

The Le Roy Police Department is again urging residents to lock their vehicles. The Le Roy Police Department received multiple complaints that unlocked cars were again entered overnight and items stolen from within. The thefts occurred in the North Street, South Street, Church Street, Erie Street and St. Marks Street area.

The Le Roy Police is asking any resident who saw anything suspicious or who witnessed these acts to contact the Le Roy Police Department at 345-6350.

Thomas H. Hofer, 54, of West Main Street, Batavia, and Heidi A. Pahl, 42, of French Road, Bennington, were charged following a traffic stop at 3:23 p.m. on Main Street in the Village of Attica on Jan. 29. Hofer is charged with expired inspection sticker, aggravated unlicensed operation, 2nd, and unlawful possession of marijuana. An investigation revealed Hofer has allegedly had a suspended and revoked license since 1993. Pahl, his passenger at the time and also the registered owner of the vehicle Hofer was driving, is charged with facilitating aggravated unlicensed operation, 2nd, an unclassified misdemeanor. Pahl was charged for allegedly knowlingly allowing Hofer to operate her vehicle with a revoked license. She was released on an appearance ticket to appear in Attica Village Court at a later date. Hofer is being held in Genesee County Jail on a warrant for allegedly violating parole. The incident was investigated by Attica PD officers James Prusak Jr. and Brian Marsceill.

Robert M. Price, 31, of Pearl Street Road, Batavia, was arrested by the Le Roy Police Department on Jan. 26 and charged with DWI, DWI while having a BAC of .08 percent or more, no/Improper turn signal, failure to keep right and criminal possession of a weapon in the third degree. Price was arrested following a traffic stop on George Street for using an improper turn signal and failing to keep right when he was traveling on the wrong side of the street. After a brief investigation Price was allegedly found to be intoxicated and allegedly in possession of a pair of brass knuckles. Price was arraigned in the Town of Le Roy Court by the Justice Daryl Sehm. Price was released under the supervision of Genesee County Justice, and released to the custody of a friend. Price is to return back to court at 1 p.m. on Feb. 18.

Brant Matthews, 21, of Maple Avenue, Le Roy, and Brandon Scheck, 21, of Countess Drive, Henrietta, were arrested on Jan. 30 by the Le Roy Police Department and charged with unlawful possession of marijuana, a violation. The Le Roy Police Department was investigating a suspicious vehicle parked in the parking lot of 110 Munson St. The vehicle was occupied by Matthews and Scheck who were allegedly found in possession of marijuana. Both subjects were issued an appearance ticket and are scheduled to appear in the Le Roy Town Court on Feb. 22 to answer to the charge.

Warren R. Skye Jr., 62, of South Swan Street, Batavia, is charged with DWI, refusal of breath test, open container, reckless driving and leaving the scene of a property damage accident. Skye is accused of driving drunk at the time his vehicle struck a parked tow truck on South Swan Street, Batavia at 11:03 p.m. Jan. 20. Skye allegedly fled the scene of the accident and once located and taken into custody, refused to take a breath test. He reportedly urinated in the holding room at Batavia PD. (Prior Report)

Randy G. Leach, 29, of Torrey Road, Stafford, and Isaiah J. Munroe, 25, of Buell Street, Batavia, were charged with unlawful possession of marijuana. Leach and Munroe were arrested following a traffic stop by Le Roy PD on Lake Street at Bacon Street.

Sara A. Howard, 21, of Bergen, is charged with grand larceny, 4th, and petit larceny and Alexander E. Fostano, 28, of Batavia, is charged with grand larceny, 4th. Howard allegedly stole a Sony Play Station valued at $300 after gaining entry to a family member's home on Jan. 8. Howard and Fostano allegedly gained entry to another family's home Thursday and stole a .50-caliber CVA muzzleloader and a 12-gauge Mossberg Maverick valued at $700. They were jailed on $10,000 bail each.

Nateeka M. Gibson, 26, is charged with petit larceny. Gibson allegedly removed a Mongoose bicycle from a shelf at Kmart and then attempted to return the item at customer service. When that didn't work, she allegedly left the store with the bicycle, valued at $199.99.

Ward E. Royse, 40, of Walnut Street, Batavia, was arrested on a warrant for alleged failure to appear on a petit larceny charge. Royse turned himself in.

Adante L. Davis, 26, of South Main Street, Batavia, is charged with endangering the welfare of a child. Davis was allegedly involved in a fight while in the presence of a child less than 17 years old. He was jailed on $2,500 bail.

Danny D. Williams, 27, of Pearl Street, Batavia, is charged with petit larceny. Williams allegedly stole a bottle of wine from a liquor store in East Main Street, Batavia.

Lori A. Brightenfield, 56, of Maple Street, Batavia, was arrested on a warrant. She was ordered held without bail.

Timothy A. Banks, 24, of Columbia Avenue, Batavia, was arrested on a warrant for alleged failure to appear. Banks allegedly failed to obey conditions of his release under supervision of Genesee Justice. Banks was located and arrested following a panhandling complaint at McDonald's in Eastown Plaza. He was jailed on $500 bail.

Tyanna D. Green, 20, of Pearl Street, Batavia, was arrested on a warrant for failure to comply with sentencing stemming from a conviction for criminal possession of a controlled substance, 7th, and criminal use of drug paraphernalia, 2nd. 

Ryan A. Funke, 22, of Vine Street, Batavia, is charged with unlawful possession of marijuana and stop lamp equipment violation. Funke was stopped at 7:44 p.m. Saturday on North Street, Batavia, by Officer Matthew Wojtaszczyk.

David James Staba, 47, of Tinkham Road, Darien, is charged with felony DWI, felony driving with a BAC of .08 or greater and inadequate headlight. Staba was stopped at 7:24 p.m. Sunday on Attica Road, Darien, by Deputy Richard Schildwaster.

Nathan Everett Hinze, 22, of Ellicott Avenue, Batavia, is charged with DWI, aggravated unlicensed operation, unlicensed operator, refusal to take breath test and following too closely. Hinze was stopped at 11:30 p.m. Saturday on Law Street, Batavia, by Deputy Kevin Forsyth, following a citizen complaint of an erratic driver on Route 98, Alexander. He was jailed on $250 bail.

Katrina Marie Douglas, 26, of West Ridge Road, Rochester, is charged with unlawful possession of marijuana, aggravated unlicensed operation, 3rd, and driving by an unlicensed driver. Douglas was arrested after Deputy Ryan Young stopped to check on a disabled vehicle at 11:15 a.m. Thursday on Lockport Road, Oakfield.

Lorin Alexandra Volk, 21, of Livingston Street, Warsaw, is charged with petit larceny. Volk allegedly stole from Kmart.

Nathan Samuel Love, 22, of Montclair Avenue, Batavia, is charged with petit larceny. Love allegedly attempted to steal a vacuum cleaner from Kmart. Upon further investigation, he was identified as the suspect in a vacuum cleaner theft Jan. 12.

John Ronald Laude, 23, of Main Road, Akron, is charged with promoting prison contraband, 1st, and criminal possession of a controlled substance, 7th. Laude was allegedly found in possession of heroin while being processed for an arrest at the Genesee County Jail. He was arrested at 12:58 p.m. Thursday by Deputy Ryan Young and charged with driving while ability impaired by drugs and criminal possession of a controlled substance, 7th. He was allegedly found in possession of heroin following a report of a disturbance at Walmart. Also arrested following the investigation into the alleged disturbance was Christopher Brian Smith, 24, of Pearl Street Road, Corfu, who was charged with criminal possession of a controlled substance, 7th.

Jerry Diskin was named Le Roy Fire Department's Firefighter of the Year at the department's annual installation and awards dinner. Diskin, center, sets an example by his energy and commitment, said Chief Tim Hogle, left. Joining in the award presentation is 1st Assistant Chief Tom Wood.

On Dec. 1, the fire department faced a situation that firefighters are typically not trained to deal with -- a person firing a gun at them as they roll up to a fire scene. The first four volunteers on scene were Joe Orlando, Bergen Chief Kevin Finucane, 1st Assistant Chief Tom Wood and Chief Tim Hogle. Saturday night, each man received a Medal of Valor.

When the men arrived on scene and were fired on, they remained calm, returned to their vehicles and established a safety zone, informing other responders not to come to the scene. The Medal of Valor is awarded to public safety officers who have exhibited actions above and beyond the call of duty, who showed exceptional courage, decisiveness and a presence of mind or unusual purpose of action to effect the protection of human life.

Joe Orlando receiving the Chief's Award from Chief Tim Hogle.

Hogle, Orlando, Diskin and Wood.

Representatives from various agencies who assisted at the scene on Dec. 1 on Selden Road were recognized by the department, including Emergency Management, Bergen Fire, Town of Batavia Fire, the Monroe County Sheriff's Office, Genesee County Sheriff's Office, Le Roy PD and State Police (not all agencies are represented in this picture and the one below).

Installation of Officers.

The top 10 responders of 2015.

The department conducted 50 training sessions, resulting in 1,570 man-hours of total training for the volunteers. The volunteers also responded to 296 alarms, resulting in 1,273 man-hours on assignment.

Le Roy PD reports a series of thefts from unlocked vehicles during the night and early morning hours in the area of Munson and Gilbert streets. The pattern began about Dec. 15 and has continued. Multiple cars have been entered and items stolen. Le Roy PD reminds people to lock their vehicles and call 9-1-1 immediately if a suspicious person is seen.

Andrea Harrington, 22, of Pleasant Street, Le Roy, is charged with endangering the welfare of a child. Harrington was by a Le Roy police officer allegedly walking with an unsteady gate and apparently intoxicated at 4:44 p.m. Jan. 25 on Bacon Street while carrying a 2-year-old child.

Philip R. Ayala is indicted for the crime of criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on July 9 in the City of Batavia that Ayala knowingly and unlawfully possessed a narcotic drug -- cocaine -- with intent to sell it. In count two, the defendant is accused of criminal possession of a controlled substance in the fourth degree, a Class C felony, for allegedly knowingly and unlawfully possessing one or more preparations, compounds, mixtures or substances containing a narcotic drug and these preparations, compounds, mixtures or substances are of an aggregate weight of one-eighth ounce or more.

Robert B. Hansen III is indicted for the crime of third-degree grand larceny, a Class D felony. It is alleged that between Feb. 15, 2013, and June 16, 2014, in the Town of Darien Hansen stole property with a value exceeding $3,000. He is accused of stealing $38,353.56 in U.S. currency. In count two, he is accused of committing the crime of second-degree forgery, also a Class D felony, on Feb. 6, 2014, in the City of Batavia, with the intent to defraud, deceive or injure another, by falsely making, completing or altering a written instrument which was to become public record or legally authorized.

Justin G. Parsons is indicted for the crime of driving while intoxicated, as a Class D felony. It is alleged that on Nov. 19 in the Town of Alexander that Parsons drove a 2011 Chevrolet pickup on Route 20 and/or Brookville Road while in an intoxicated condition. In count two, the defendant is accused of the crime of aggravated driving while intoxicated per se, as a Class E felony, for allegedly having a BAC of .18 or more at the time.

Jose Sanabria-Lozada is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on Oct. 2 in the Village of Le Roy that Sanabria-Lozada drove a 2000 Ford pickup truck while in an intoxicated condition. In count two, the defendant is accused of driving while intoxicated, per se, as a Class E felony, for allegedly having a BAC of .08 at the time.

Another motor-vehicle accident is reported on Route 490. This one is in the westbound lane, also at mile marker 1. A vehicle went off the road and struck a tree. Unknown injuries. Bergen and Le Roy fire departments and Le Roy medics are responding.

UPDATE 11:33 a.m.: Responders report finding no such vehicle anywhere in the area. The assignment is back in service.