Oakfield

Patrick M. Holler, 58, of 14713 Holley Road, Albion, is charged with DWI, aggravated unlicensed operation, 3rd, and open container. At 7:40 a.m., Tuesday, deputies responded to a report of a 1994 Chevy Astro van being driven on Lewiston Road by a driver who was consuming alcohol. Holler allegedly refused to submit to a breath test after being stopped.

Joel David Prouty, 25, of West Main Street, Batavia, is charged with criminal contempt. Prouty is accused of sending a letter to a protected person.

Shawn Richard McGiveron, 23, of Marble Road, Akron, is charged with criminal contempt, 1st, criminal mischief, 4th, and harassment, 2nd. McGiveron is accused of engaging in a fight with a protected person and damaging that person's property.

A driver says his shoe got caught on the gas pedal as he was leaving the M&T Bank in Oakfield at 9:11 a.m., Monday, causing his car to accelerate and strike another vehicle.

The other car was flipped onto its side and the driver suffered minor injuries.

Frank J. Mosco, 85, of Orchard Street, Oakfield, was cited for allegedly failure to yield right-of-way.

Injured was F.A. Burdick, 38, of Byron.

Mosco was driving a 2006 Buick sedan. Burdick was in a 2011 Dodge SUV.

A third car, a 1990 Chevy sedan owned by Michael J. Dulkevich, of Basom, was struck by Burdick's car.

The accident was investigated by Deputy Chris Parker.

(Initial report)

A rollover accident is reported in the Village of Oakfield in the area of the M&T Bank with possible entrapment.

Oakfield Fire Department and ambulance responding.

UPDATE 9:15 a.m.: The person is out. No entrapment. Mercy EMS response is cancelled.

Steven M. Mogle, 56, of 28 Greenbriar Drive, Lancaster, is charged with menacing, 2nd. Mogle was charged after he allegedly brandished a handgun during an argument over a parking spot with another driver at Tully's on East Main Street, Batavia. Mogle has a NYS pistol permit for the weapon.

Stacy Lynn Maholick, 24, of Route 20 Alexander, is charged with falsifying business records, 1st, and petit larceny. Maholick is accused of completing 11 false merchandise returns and taking cash for the returns while employed at Radio Shack on Veterans Memorial Drive, Batavia.

Brian Paul Griffen, 27, of South Pearl Street, Oakfield, is charged with burglary, 3rd, and grand larceny, 4th. Griffen was arrested in connection with an alleged incident reported at 11 p.m., June 7. No further details were released.

Jacob W. Johnson, 24, of 2609 School St., East Pembroke, is charged with criminal contempt, 2nd. Johnson is accused of harassing a woman who is protected by a court order.

An Oakfield child molester who pled guilty to third-degree burglary last month was given a three- to six-year prison sentence this afternoon by Genesee County Court Judge Robert C. Noonan.

In addition, Steven A. Mullen will concurrently serve a sentence of one-and-a-third to four years for failing to register as a sex offender after moving to a new address.

He was given the maximum sentence possible under a plea agreement with the District Attorney's Office. (Although he's a two-time felon, the first-degree sex offense could not be considered for sentencing purposes with regard to the burglary charge.) No restitution or fine was included in the deal.

"Mr. Mullen has a brief criminal history -- only the child molestation conviction before now," said Assistant Public Defender William Harper. "He had a terrible upbringing. He was the victim of sex abuse from multiple offenders."

Harper noted that his client "somewhat understands" how his family history has impacted his judgement.

"He makes poor choices, he acknowleges making poor decisions and knows that his actions affect others," Harper said before asking for the minimum sentence allowable.

When the judge asked Mullen if he had anything to say to the court, the slightly built 25-year-old spoke only of the failure-to-register conviction.

"I knew better, on failure to register, I knew I had 10 days," Mullen said. "I'm only asking the court to be lenient for my family, not myself."

Noonan was not swayed, saying multiple crimes have been committed because of one man's poor choices.

"I can't see that anything else should be afforded you," Noonan said before making his ruling.

Several supporters sat in the gallery behind the defendant and one woman wept softly as the sentence was handed down.

In 2004, Mullen was convicted of first-degree sexual abuse and served two-and-a-half years in prison.

Mullen was arrested earlier this year after an alert neighbor on Weatherwax Road in Oakfield reported a burglary in progress. He has been in Genesee County Jail since his arrest Feb. 16 and subsequent conviction on third-degree burglary.

I made a picture of this barn two springs ago and a lot of people said they liked it at the time, but as I learned more about photography, I was unhappy with the picture -- it lacked some pop with the overcast sky. Last spring, as soon as the dandelions bloomed, I went back to try a retake, but I drove out to Judge Road in the late afternoon, so the shadows on the west side of the barn were too dark.  This morning, with the dandelions in bloom, I tried again.

Press release:

The Oakfield Fire Department will open its doors to area residents, so they can learn about what it takes to be a volunteer firefighter in their community as part of a statewide program called RecruitNY.

From 10 a.m. to 2 p.m. on Saturday, April 21, the Oakfield Fire Department, located at 20 Albert St., will join in an initiative with volunteer fire departments all across the state at their respective firehouses for a unified recruitment drive, as part of National Volunteer Week.

Over the past several years, it has been very tough for many fire departments throughout New York State to recruit and retain volunteers for a variety of reasons. Like most volunteer fire departments, Oakfield needs to bolster its emergency responder numbers, so it can continue to provide the optimum level of protection for its residents.

Not only will RecruitNY be an opportunity to highlight the duties and rewards that come with being a volunteer firefighter, it will also raise public awarenesss about the need for volunteers. The hope is that a collaborative effort among volunteer fire departments statewide will turn the declining number of volunteer firefighters around.

"Come on out and join us for this unique recruitment day at our firehouse," said Oakfield Chief Sean Downing. "This is a great opportunity for our neighbors to observe the exciting tasks of a firefighters. Our current members love what they do; they are everyday heroes who help neighbors in need. We hope our recruitment day will inspire other area residents to join our fire service family."

Throughout the day, the Oakfield Fire Department will conduct tours of the station and firefighter apparatus, allow visitors to try on firefighter gear, and provide activities and stations throughout the firehouse for visitors. The fire department will discuss the requirements to be a volunteer, as well as conduct demonstrations, answer questions, and let visitors know how to get involved in the fire department.

Established in 2011, RecruitNY is a joint undertaking by the Firemen's Association of the State of New York (FASNY), the New York State Association of Fire Chiefs (NYSAFC), Association of Fire Districts of New York State, Volunteer Fire Police Association of the State of New York, and County Fire Coordinators Association of the State of New York.

Last year, fire departments in more than 50 counties across the state participated in the first RecruitNY weekend.

For fire departments that would like to sign up for RecruitNY, simply log onto http://recruitny.org/opendoors.php and fill out the participation form. The program provides fire departments with access to recruitment resources, communication tools, posters, banners, etc. via http://recruitny.org/resources.php to help a firehouse hold a recruitment open house.

For area residents looking for more information, or to find out if your fire department is participating in RecruitNY, visit www.recruitny.org or contact your local fire department via a non-emergency phone number or its website.

Joshua L. Webster, 25, of 7882 York Road, Pavilion, is charged with aggravated unlicensed operation, 2nd, leaving the scene of a property damage accident and failure to yield right of way; Jessica L. Engelhardt, 21, of 7882 York Road, Pavilion, is charged with falsely reporting an incident and offering a false instrument for filing, 2nd. Webster was allegedly involved in an accident at 4:15 p.m., April 9, on West Main Street near Tops Market. Webster allegedly fled the scene on foot. Webster was reportedly identified by readers of The Batavian after his picture at Batavia Downs was posted on the website. Engelhardt, who is reportedly married to Webster, is accused of falsely reporting the vehicle stolen in an effort to cover up her husband's involvement in the accident.

Eric M. Duda, 50, of 111 Liberty St., Batavia, and Summer Ogden, 36, of 123 Washington Ave., Batavia, are both charged with criminal contempt. Duda and Ogden are both accused of violating orders of protection that prohibit them from being in each other's company. They were allegedly found together during a residence check by the Probation Department. Both were jailed on $5,000 bail.

Evan Ryan Anderson, 30, of Batavia, is charged with criminal possession of a controlled substance, 7th, driving with ability impaired by drugs and No/inadequate headlamps. Anderson was stopped at 11:50 p.m., Friday, on Route 5 in Pembroke by Deputy Patrick Reeves.

Luke Anthony Bacon, 19, of East Avenue, Akron, is charged with driving while ability impaired by drugs, unlawful possession of marijuana, speeding (82 in a 55 mph zone), and failure to keep right. Bacon was stopped at 12:18 a.m., Sunday, on Akron Road, Pembroke, by Deputy Patrick Reeves.

Mark Russell O'Gee, 58, of South Street Road, Le Roy, is charged with criminal contempt, 2nd. O'Gee is accused of violating an order of protection by entering a residence he was barred from entering.

Christopher Michael Ames, 40, of Maple Avenue, Oakfield, is charged with felony DWI, felony driving with a BAC of .08 or greater and unlawful possession of marijuana. Ames was reportedly observed at 8:56 p.m., Friday, in a vehicle park behind an unoccupied building on Lewiston Road, Alabama, that is for sale. Upon further investigation by Deputy Chad Minuto, Ames was allegedly found to be in an intoxicated condition.

Kimberly A. Showler, 46, of 4 North Spruce St., Batavia, is charged with petit larceny. Showler is accused of shoplifting from a store on East Main Street, Batavia.

Lesley Marie Brice, 33, of Miller Avenue, Buffalo, is charged with harassment, 2nd. Brice is accused of pushing and shoving another person during a verbal argument that allegedly turned physical at 6:24 p.m., Friday, at a location on Main Street, Pembroke. Also arrested in connection with the incident was Angel Victoria Ramos, 19, of Main Road, Pembroke, who is charged with harassment, 2nd. Ramos is accused of hitting another person during an argument.

The Oakfield Historical Society Museum officially opened for the season today with two new displays -- one about World War II on the home front and the other on the five major fires in Oakfield in the 1800s. The fire department's vintage pumper, purchased in 1863, was rolled over to the museum to display during the open house.

The event coincides with the book the historical society just published called "Main Street Ablaze." The museum is located at 7 Maple Ave. in the Village of Oakfield.

Stephen Christopher Ward, 22, of Broadway Road, Darien, is charged with driving while ability impaired by drugs, speeding and inadequate headlights. Ward was stopped at 9:45 p.m., Monday, on Angling Road in Pembroke by Deputy Matthew Fleming.

Alexandria Claire Pisarek, 19, of Fisher Road, Oakfield, is charged with petit larceny. Pisarek is accused of stealing fentanyl patches (pain medication) belonging to another person.

Milton H. Simmons III, 29, of 75 Franklin St., Batavia, is charged with criminal possession of a controlled substance, 3rd, and attempted escape, 1st. Simmons was arrested after police responded at 11:53 p.m., Friday, to a report of a fight involving a knife in the parking lot of a business on West Main Street, Batavia. Police conducted a search of a vehicle reportedly belonging to Simmons and allegedly found 44 glassine bags of crack cocaine. Simmons was arraigned in Batavia City Court and ordered held on no bail. As police transported Simmons from the courthouse to the jail, Simmons allegedly tried to escape and had to be restrained with the assistance of deputies at the court facility.

Zachary Jordan Ayres, 18, of Oak Street, Batavia, is charged with grand larceny, 4th. Ayres is accused of stealing approximately $1,300 in jewelry from a woman in Byron and selling the items to a business in Batavia.

Anthony C. Privitera, 19, of Mill Street, Le Roy, is charged with DWI, driving BAC of .08 or greater, unsafe start, failure to keep right, open container in a motor vehicle and unlawful possession of alcohol by a person under age 21. Privitera was stopped Sunday in the Village of Le Roy by Le Roy PD.

Kimberlin D. Lester-Benjamin, 49, of Carl Street, Buffalo, is charged with petit larceny. Lester-Benjamin is accused of stealing $89.95 in merchandise from Target.

Kenneth Merville Nobles, 66, of Genesee Street, Le Roy, is charged with DWI, driving with a BAC of .08 or greater and speeding (72 mph in a 55 mph zone). Nobles was stopped at 6:13 p.m. Saturday on Route 19, Le Roy, by Deputy Brad Mazur.

Jamie Scott Scholonski, 39, of Vine Street, Batavia, is charged with petit larceny. Scholonski is accused of stealing $632 in quarters from a residence in Pavilion.

Nicholas M. Lyons, 31, of 112 State St., Batavia, is charged with criminal contempt, 2nd. Police responded to a report of a domestic disturbance on State Street at 11:40 p.m., Friday, and found Lyons allegedly in violation of a "stay away" order involving another person. Lyons was jailed on $2,500 bail.

Daniel F. Orlando, 29, of 555 E. Main St., Batavia, is charged with harassment, 2nd, and obstructing governmental administration. Orlando is accused of physically obstructing police while officers were investigating an incident at Orlando's residence. Orlando was jailed on $3,000 bail.

Timothy L. Taylor, 37, of 655 Ellicott St., Batavia, is charged with assault, 3rd. Taylor is accused of assaulting another person following an argument. Taylor was jailed on $5,000 bail.

Daniel Lee Ward, 25, of Oak Orchard Road, Albion, is charged with DWI, driving with a BAC of .08 or greater and moving from lane unsafely. Ward was arrested following investigation into a motor-vehicle accident on Fisher Road, Oakfield, at 1:48 a.m. March 3.

Adam C. Hegge, 31, of 14 Overlook Drive, Batavia, is charged with felony DWI and driving with a BAC of .08 or greater. Hegge was arrested Friday by Officer Dan Coffey following a report of a suspicious vehicle in the Batavia Cemetery.

A shed fire is reported at 2082 Lewiston Road near Knowlesville Road. Alabama Fire Department is responding. Oakfield Fire Department is called to stand by in its hall.

UPDATE 12:19 p.m.: According to the National Weather Service, there's an elevated fire risk today "due to a combination of dry air, lingering vegetation from last year" and moderate northwest winds. (Also, tonight there's a freeze likely, with temperatures expected to be 25 to 30 degrees.)

UPDATE 12:23 p.m.: Alabama Engine 2 is on scene "with a working shed fire."

UPDATE 12:24 p.m.: Alabama engines 1 and 5 are on scene.

UPDATE 12:26 p.m.: Oakfield is told to stand down.

UPDATE 12:29 p.m.: The fire is extinguished and they are now doing overhaul.

UPDATE 12:56 p.m.: Alabama is back in service.

Matthew Joseph O'Connor, 19, of Byron Holley Road, Byron, is charged with grand larceny, 4th, and unlawful possession of marijuana. O'Connor is accused of stealing a debit card from a friend and using it in Genesee and Monroe counties to make purchases and ATM withdrawals. At the time of his arrest, O'Connor was allegedly found in possession of a small baggie of marijuana.

Lacey M. Muntz, 28, of Maltby Road, Oakfield, is charged with petit larceny. Muntz is accused of stealing license plates from a vehicle she did not own.

Paul Uzarowski, 41, of Genesee Road, Pembroke, is charged with DWI, driving with a BAC 0f .08 or greater, failure to dim headlights and consumption of alcohol in a motor vehicle. Uzarowski was stopped at 8:57 p.m. Tuesday on Route 77 in Pembroke by Deputy Patrick Reeves.

Jeremy Yasses spent the night in his new home on North Pearl Street in the Village of Oakfield last night.

That would be unremarkable, except that there has been a small controversy in Oakfield over the residency of the recently elected trustee.

NYS law requires village trustees to be residents of the village they represent.

According to Yasses, it wasn't an issue during the election, but after he beat out an incumbent for the position, at least one person raised the issue at Monday's village board meeting.

"I think everybody on the board expected him to move to the village," Mayor Richard Pastecki said. "I think some were saying they didn't know how the GOP could run somebody who wasn't a village resident, but we all knew he was moving."

Yasses has completely renovated a large Victorian farmhouse on North Pearl Street. The 2,520-square-foot home was built in 1880 and Yasses gutted it and totally redid the interior of the main house as well as made extensive repairs and changes to the barn on the property.

Escrow just closed on his former residence and his family is moving this week.

Yasses has been involved in village politics for some time. He's also a landlord there.

Pastecki said the question of Yasses's residency is pretty much a dead issue, unless some other village resident wants to fight it on their own dime.

"The board is not under any obligation to do anything about it," Pastecki said. "The law is so vague ... What I discovered (in researching it) is that anybody can bring a suit to contest an election, but that doesn't guarantee the election will be found invalid. ... we probably do not want to spend taxpayer money on it because there’s no clear outcome. "

It's not even a topic Yasses really wanted to talk about because he doesn't think the issue is really about him, just a little small-town political wrangling, and he's ready to get to work.

"I want it to be a smooth transition and to come in and do good things for the people of the village," Yasses said.

He's proud to have taken part in a village election where differing views were represented and that brought more people to the polls than usual.

"I think it's phenomenal," Yasses said. "That's the way America was built -- democracy, different views and opinions, and that's how it should be."

Yasses will be sworn in on Monday.

Michelle Tarin Crawford, 26, of Batavia Stafford Townline Road, Batavia, is charged with DWI, driving with a BAC of .18 or greater, aggravated unlicensed operation, 1st, and failure to keep right. Crawford was charged following an investigation into a motor-vehicle accident at 12:55 a.m., March 8, on Townline Road, Byron, in which Crawford was seriously injured. Crawford remains jailed on a violation of probation charge. (Previous stories, one, two and three).

Michael Octavio Tardy, 46, of Woodside Drive, Bergen, is charged with DWI, driving with a BAC of .08 or greater, failure to stop at stop sign and moving from lane unsafely. Tardy was allegedly driving at 1:41 a.m. on Lewiston Raod, Oakfield, when his vehicle struck a curb.

Photo: Randy Tonner Jr., Maddos, 6, and Maddox's mother, Michele.

Randy Tonner Jr., hasn't worked since July 2.

That was the night he was brutally attacked on a street in Rochester that put him the acute brain injury unit at Strong Memorial Hospital for more than a month.

At the time, Tonner was a single parent raising his 6-year-old son, Maddox, living and working in Rochester. He was an independent contractor, installing flooring for Sherwin Williams.

With no employer-provided insurance, he's had no means to care for himself or his son and had to give up custody of Maddos and move back to Oakfield.

Today, the community rallied around Tonner with a fundraiser at the American Legion Hall in Alabama, which featured a chance auction and a beef on weck lunch.

"People have been great," Tonner said. "The show of support, not just for me, but for my family, has just been fantastic."

Tonner was living on Park Avenue the night he walked by 25 Park Ave. with friends at about 2 a.m.

There was a group of people having a party on the porch and some sort of scuffle ensured.

Tonner's father, Randy Tonner, said the detective described it as something relatively minor, like you might find on any college campus on a Friday or Saturday night.

Seconds after it broke up, a man sucker punched Randy Jr. from behind.

"The dectective said it was the sucker punch of all sucker punches," Randy Sr. said. "From the tape (there was a surveillance system installed at the house), you could see he was out before he hit the ground. His head hit the cement and then another man came up and kicked him in the head."

A woman rushed to Randy Jr.'s aid. When police arrived, they found him lying beside the road in a pool of his own blood.

Two men were arrested, Justin Cropo and Nicholas Vitale, and a grand jury indicted them on a count each of assault in the second degree. The men are awaiting trial on the charges. (In an interesting footnote on the case, another man at the scene who looks like Vitale, and actually came to Randy's aid, was arrested initially, but the charges were dropped).

Randy Jr. said as far as he can remember, he's never met either of the men before.

After being released from the hospital, Randy Jr., has been on anti-seizure medication and his father said his main issue is the lack of mental endurance to work a full day.

He should be able to work again some day, but doctors are unsure when. After his next doctor's visit, they hope he will be cleared for part-time work.

"If you ask me, from the second I got out of the coma I wanted to go back to work, but I don’t know, whatever the doctor says," Randy Jr. said.

The damage to Randy's brain has forced him to learn to read again and he also lost sight in one eye.

His father said today's fundraiser was really an emotional event for him and he was especially grateful to Ron Sessaman, who has a history of organizing fundraisers in the community and arranged this one.

"For him to take the time for these people to come out here, I get choked up," Randy Sr., said. "It just touches the heart more than you can know. It’s just so, so special.  I think this also great for Randy. This keeps his strength, because this is hard. This keeps his attitude up."

Individuals who wish to make a donation to Randy Tonner, which are aimed at just helping him meet basic living expenses until he can return to work, can call Sessaman at (585) 734-7998.