Oakfield

It's another sad day in Oakfield. Twenty-one-year-old Justin M. Dickes was killed in a motorcycle accident as he left the funeral for Joshua Durham, who was one of three killed this past weekend in a car accident. Durham was killed along with friend Matthew Ware, 22, of Oakfield and his girlfriend Allyson Galens, 20, of Stanley.

It is believed that Dickes was trying to pass a van, that was turning into a driveway, when he hit the side of it and was ejected from the motorcycle. The accident was witnessed by Dickes' brother and other friends that were also leaving the funeral.

Dickes was taken to UMMC where he was then pronounced dead. When the accident originally occured, Mercy Flight was dispatched to the accident but was not used.

The van, owned by Ben's Appliance, was driven by 47-year-old Edward Shultz of Elba. He was not injured in the accident.

Above photo from Dickes' Facebook page.

A former Oakfield resident who is a person of interest in a local unsolved murder reportedly told a cellmate in a Pennsylvania jail that he killed a couple there for money.

Stephen Patrict Rebert, 45, will stand trial for the double homicide of Victoria and James Shugar, both 61, of Jefferson County, following a preliminary hearing in which District Judge David Inzana said the prosecution presented sufficient evidence to try Rebert.

District Attorney Jeffrey Burkett presented a signed statement at the end of the hearing from Rebert's cellmate saying Rebert was motivated by his desire to steal rare coins and currancy, according to the Punxsutawney Spirit.

Rebert was arrested in Genesee County on June 3 and turned over to Pennsylvannia law enforcement. Investigators there say they found evidence on Rebert's computer tying him to the 2005 murder of Bill Fickel in Oakfield as well as the unsolved murder of Kevin Smith in Orleans County.

Photo courtesy of the Punxsutawney Spirit.

While investigators continue to suspect that alcohol may have been a factor in the one-car crash in Oakfield early Saturday morning that claimed the lives of three young people, it appears speed may have been a factor, as well.

Chief Deputy Gordon Dibble said Monday that crash investigator Deputy John Duyssen believes the initial indications are that the speed of the vehicle was too great for the driver to negotiate the curve at the accident scene, resulting in the crash.

The car rotated clockwise when its tires hit the shoulder. The drivers side hit the utility pole by the side of the road and it rolled over on its roof. A passenger in the back seat was ejected from the vehicle, according to Dibble.

Matthew Ware, 22, Joshua Durham, 21 and Allyson Galens, 20, were killed in the crash.

The group had been at the Elba Onion Festival earlier in the evening, but Dibble said investigators have yet to determine what time they left.

It's not yet known where they might have gone -- if any place -- after leaving the festival.

There were empty beer bottles at the scene of the crash, but investigators do not know if they are in any way related to the crash.

"We are still looking into that and will know more when the medical examiner's office completes its investigation," Dibble said.

More flowers, notes, gifts and two signs have been added to an informal memorial created by friends and family of three young people killed in a one-car auto accident early Saturday morning. The accident claimed the lives of Matthew Ware, 22, Joshua Durham, 21, and Allyson Galens, 20. Ware lived in Batavia and was a graduate, along with Basom-resident Durham, of Oakfield-Alabama High School. Galens, a GCC student, was from Stanley.

H.E. Turner and Sons has posted obituaries for Matthew Ware and Joshua Durham.

Ware and Durham, along with Allyson Galens, died early Saturday morning in an accident on Albion Road in Oakfield.

(UPDATED 12:49 p.m.)

One of Oakfield-Alabama's football stars of the past decade was among three people killed in an accident on Albion Road in Oakfield overnight.

Matthew Ware, 22, and Joshua Durham, 21, were declared dead at the scene, according to a statement issued by the Sheriff's Office.

Ware, a running back for O-A, was named to the All-State second team in 2004 and 2005.

Durham was on the track and baseball teams during those same years. He was a Genesee Region League track All-Star in 2007.

Allyson E. Galens, 20, of Stanley, was a passenger in the 2005 Scion TC. She was taken by Mercy Flight to ECMC. Galens was declared dead at 4 a.m.

The trio had been at the Elba Onion Festival prior to the accident, according to Sheriff Gary Maha. Maha said investigators believe alcohol was a factor in the accident.

The accident occurred at 1:37 a.m. on Albion Road just past Lockport Road. The car collided with a utility pole.

Oakfield Fire responded to the scene.

No further information about the accident was released.

The investigation is ongoing and being handled by Investigator Timothy Weis, Sgt. Greg Walker, Deputy Frank Bordonaro, Deputy James Diehl and Deputy John Duyseen of the Crash Management Team.

Photos: Top, Matthew Ware, from his Facebook Page; Joshua Durham, from his MySpace page; Josh and Allyson Galens from Josh's Facebook page.

UPDATE 6:10 p.m.: Top photo, flowers left at the scene of the accident. Below, sign in the beer tent at the Elba Onion Festival. I wanted to talk with somebody from the organization about the positive steps they take to discourage drinking and driving (not that that has been established in this case), including having firefighters available to give free rides home, but officials steadfastly refused to speak.

Sheriff Gary Maha has confirmed that there was a triple-fatal accident last night.

He said details will be provided to local media as soon as family notifications are completed.

Based on information from readers, the accident occurred around 1:37 a.m. on Lockport Road.

We will update this post as soon as information becomes available.

An interesting situation arose tonight that's just kind of worth noting for the record: Mercy EMS ran out of ambulances.

When a girl fell from a scooter on Summit Street at about 10:45 p.m., just a block from UMMC, a dispatcher asked Batavia City Fire who should respond. The city asked for Oakfield.

Seconds later, a Mercy EMS ambulance noted they were in service (meaning free to take a call). The dispatcher asked city fire if Mercy EMS should respond. City fire responded that it was only a "BLS call" (basic life support).

Dispatch informed the Mercy EMS unit that Oakfield was responding. The unit, with a siren blaring in the background, informed dispatch it was only three minutes out. The dispatcher responded that the agency with jurisdiction had already requested Oakfield.

Oakfield's ambulance was on scene within minutes and had the patient quickly transported to UMMC.

I can't think of another time in which I've personally heard a volunteer ambulance service responding to a call in the city since Mercy took over ambulance service.

A man who admitted in July that he tried to steal a truck from a local car dealership will spend two to four years in prison.

He will also be given a chance at rehabilitation for substance abuse.

Carl Rivers, 41, apparently obtained a 2000 Chevy Silverado from an Oakfield car dealership, drove it until it broke down, and took some money that was supposed to go toward purchase of the vehicle and used it to buy drugs.

Rivers admitted on July 1 to attempted grand larceny, 4th.

For the purposes of sentencing, it was his second felony offense. The first was a burglary charge in Orleans County in 1996. That conviction falls within the 10-year limit for a predicate felony because of time Rivers spent in jail in the intervening years.

Assistant District Attorney Melissa Cianfrini told Judge Robert C. Noonan that Rivers had a lengthy criminal record with numerous arrests in several states, but Public Defender Gary Horton noted that Rivers' arrests in North Carolina and California did not lead to convictions.

Horton said all of Rivers' difficulties with the law can be traced to his substance abuse.

"Mr. Rivers has reached point in life where he knows he must change where he is going," Horton said. "He must address the substance abuse problem or he’s going to spend the rest of his life bouncing in and out of penal institutions, and he doesn’t want that to happen."

Prior to sentencing, Rivers acknowledged he had a substance abuse problem and said he wasn't interested in making excuses.

"I want to deal with my addiction," Rivers said. "I don't want to say being in jail is easy, but doing time isn't hard. Anybody can do it. Dealing with my addiction is what I’m ready to do."

Noonan said it was important to ensure Rivers, with his record, spend some time in prison, but he also ordered him to participate in a CASAT substance abuse program, if he is accepted.

Mathew J. Sherman, 23, of 5547 Horseshoe Lake Road, Stafford, is charged with DWI and driving with a BAC of .08 or greater. Police responded to a report that a person had fled the scene of a fight at a local restaurant/bar. Sherman's car was spotted in the area of 344 Ellicott St. by Officer Mark Lawrence where he was stopped and determined to be allegedly DWI.

Benjamin L. Szabo, 18, of Clarence Center Road, Clarence, is charged with petit larceny. Szabo was reportedly working as an outside vendor at Kmart on June 30 when he allegedly stole an iPod from a backroom shelf.

Janice M. Colburn, 62, of Fargo Road, Corfu, is charged with driving while impaired by drugs. Deputy Chris Parker responded to a report of an erratic driver on Pearl Street at 2:14 p.m., Friday, and subsequently stopped Colburn's car.

Robert James Macklem, 20, of Prospect Avenue, Batavia, is charged with criminal contempt. Macklem allegedly violated an order of protection by being with the protected person. He was jailed on $1,000 bail.

Christopher P. Tresco, age unknown, of 108 North St., is charged with DWI and driving with a BAC of .08 or greater. Tresco was stopped at 2:12 a.m., Saturday, by Le Roy Police Sgt. Micahel J. Hare on East Main Street. Hare reportedly spotted Tresco driving on the Main Street Bridge with his headlights off.

Phillip M. Case, 20, of Hilton, is charged with trespass. Case was arrested by State Police at 9:02 p.m., Saturday, at 9993 Allegheny Road, Darien Lake. No further details were released.

Raymond Amaro, 23, of Yabocoa, Puerto Rico, is charged with DWI, harassment, 2nd, and resisting arrest. Amaro was arrested by State Police at 2:54 a.m., Saturday, in the Stevens Street Allen Foods parking lot. No further details were released.

Jesse Le Gould, 31, of South Main Street, Batavia, is charged with criminal contempt, 2nd. Gould is accused of going to an ex-girlfriend's house at 7:55 a.m., July 12, and pounding on the exterior of the house and yelling. Gould has been ordered not to have contact with the woman unless it is related to their child.

Kerry H. Hoffman, the former Oakfield-Alabama band teacher who admitted May 10 to an inappropriate relationship with a female student, will serve 60-days working for the county jail on weekends, three years probation and is required to surrender his teaching credentials.

The sentence was close to what Hoffman agreed to in a plea bargain two months ago.

Rather than jail time, Justice Thomas Graham said he wanted Hoffman working for the jail, out in the community, where people could see him.

"I don't feel that jail is much of a punishment, where you can sit around playing cards and watching TV," Graham said.

Hoffman will be required to lecture twice a year on teacher ethics at a teacher's college. Graham said he wanted future teachers to learn from Hoffman's mistakes.

He will also be required to undergo sexual abuse counseling, even though it was not part of the plea agreement and the probation department pre-sentence investigation found he is highly unlikely to commit sexual abuse in the future.

Hoffman, in pleading guilty in May, did not admit to sexual relations with the girl.

When given a chance to speak prior to sentencing by Graham, Hoffman declined.

The victim's mother did speak and she accused Hoffman of destroying her relationship with her daughter.

"She won't even talk with me anymore," the mother said. "You filled her head full of lies. You told her I didn't care about her or understand her. How was I supposed to compete with that?"

Hoffman is accused of taking the girl shopping and sending her numerous text-messages.

Her friends are said to have alerted her mother about the relationship with Hoffman, whose wife gave birth to a little girl within the past year.

But both her mother and Assistant District Attorney Kevin Finnell describe a situation in which the girl is no longer able to attend school, that she's been robbed of her senior year, because some at the school have apparently taken Hoffman's side.

Twenty years from now when Oakfield-Alabama holds its reunion, this is going to be what she thinks about," Finnell said. "Her 20th reunion, her 30th reunion, her 50th reunion, if she even attends. It's always going to be there, what he's done to her."

If not for people coming forward and alerting her parents, Finnell said, the situation was "just a whisper away" from becoming something more serious.

Attorney Thomas D. Calandra said that in giving up his teaching credentials, Hoffman, who has no prior criminal record, will suffer punishment enough.

"He has master's degree in music that is probably of little use to him now and in the future," Calandra said.

Calandra reported that Hoffman completed three different sexual offender tests for the probation department, and in all of them he scored only one or two points (one test out of a possible 12 and another out of a possible 54).

"He's absolutely no danger to the community," Calandra said.

Graham said it was a very tough case to decide.

"You were given a position of trust," Graham said. "An educator has an extremely high level of responsibility and trust. You hurt the victim, the victim's parents, the victim's family, your wife, your daughter, your family and her family. That bond of trust was broken by you."

But, Graham noted, Hoffman has a lot going for him -- the love of his wife and support of his family, including his in-laws (his father-in-law nodded vigorously as Graham spoke). 

"I can only hope that everyone can heal," Graham said. "Something that you will understand with your Christian background, Mr. Hoffman, someday you will be judged by a higher authority other than myself."

Cassandra D. Griffin, 37, of Liverpool, is charged with driving while impaired by alcohol, endangering the welfare of a child, and driving with driver's view obstructed. Griffin was stopped by Deputy Kevin McCarthy at 11:13 p.m., Tuesday, on Route 77 in the Village of Corfu. Griffin allegedly had her three daughters with her, all under 17 years old.

Kyle Roger Esten, 25, of South Main Street, Oakfield, is charged with aggravated harassment, 2nd. Esten is accused of making harassing phone calls to his ex-girlfriend.

Tama Lee Reiss, 46, of Genesee Street, Corfu, is charged with DWI, aggravated DWI, unsafe backing, refusal to take pre-screen test, failure to keep right. Deputy Patrick Reeves responded to a report of an erratic operator on Route 33 in Pembroke at 8:05 p.m., Tuesday. When Reeves reportedly tried stopping Reiss's car, she eventually pulled over and then attempted to back up, causing both lanes of traffic to stop in order to avoid a collision.

Cody A. Bush, 24, of Oak Orchard Road, Batavia, is charged with harassment, 2nd. Bush is accused of pushing and striking another person during an argument at a residence on East Main Street Road, Town of Batavia.

The attorney for Justin Amend, charged with public lewdness for his alleged part in a public sex act, plans to ask the District Attorney for a plea deal.

The 29-year-old Amend, of Oakfield, wasn't in court today, and his case was continued to July 27, giving attorney Tom Williams time to discuss the case with the DA's office.

Public lewdness is a Class B misdemeanor. It is the only charge Amend is facing from the alleged early June encounter in Farrall Park, Batavia, with alleged partner Suzanne Corona, so it wouldn't seem there is much room to bargain.

Williams said he didn't want to speak for the DA, but he mentioned as an example, the charge could be reduced to disorderly conduct.

"It's a B misdemeanor," Williams added. "It's less serious than stealing a candy bar. You can get a year in jail for stealing a candy bar. You only can only get 90 days for this."

If a deal isn't struck, Williams said, then the July 27 court date will be used for filing motions in preparation for a possible trial.

Corona, who is also charged with adultery, is scheduled to appear in court at 1 p.m. today.

The case has brought an international spotlight to Batavia because the adultery charge is so unusual.

Television camera crews from Rochester were on hand for Amend's hearing this morning.

Jeremy Dean Lyons, 25, of Judge Road, Oakfield, is charged with unlawful growing of cannabis and unlawful possession of marijuana. Lyons is accused of having four marijuana plants growing outside of his residence in plain view. He was arrested at 6:42 p.m., Sunday, by Deputy Patrick Reeves.

James C. Cooper, 47, of 7 1/2 North St., Le Roy, is charged with DWI and driving with a BAC of .08 or greater. Cooper was taken into custody after Le Roy Police responded to a report of a disturbance at 1:27 a.m., Saturday, on North Street.

UPDATE: Two additional items from the weekend that did not initially reach our inbox for some reason:

Robert Steven Zona, 53, of Lake Street Road, Le Roy, is charged with rape, 1st. Zona, reportedly a resident of Le Roy Manor, is accused of attempting to rape another resident. Zona was arraigned and released under supervision of Strong Memorial Hospital for mental health evaluation.

James Christain Oehler, 18, of Lake Road, Bergen, is charged with unlawful fleeing a police motor vehicle, and numerous other alleged traffic violations. Oehler is accused of failure to stop his motorcycle on Route 19 in the Village of Bergen. Oehler was reportedly first observed doing 49 mph in a 30 mph zone on Route 19 near Rochester Street in the village. Oehler reportedly turned onto Hunter Road and then Swamp Road, where his speed allegedly exceeded more than 25 mph over the posted speed limit. Oehler was subsequently located at his residence on Lake Road. Upon investigation, Oehler was allegedly operating an unregistered and uninsured motorbike with improper license plates.

Reader Chad Hilchey sent in this picture at 11:14 p.m. of a funnel cloud spotted in Oakfield. 

A dispatcher who worked overnight had heard nothing of a possible funnel cloud and said there wasn't a single report of storm damage over night. "Not even a tree limb down," he said.

There was a severe thunderstorm watch overnight, which was lifted at 6 a.m.

UPDATE: Chad clarifies that he took the picture around 6:30 p.m.

Kimberly Lynn Blue, 21, of 7 Wood St., Batavia, is charged with criminal possession of a controlled substance, 7th, and unlawful possession of marijuana. Blue was reportedly a passenger in a vehicle stopped for alleged traffic offenses 5:53 p.m., Tuesday. During the stop, she was allegedly found in possession of a quantity of marijuana and Ritalin. The stop was made by Deputy Brian Thompson.

General G. Sanders, 38, of Haxton Lane, Oakfield, is charged with unlawful possession of marijuana. Local law enforcement made contact with Sanders when a van was stopped in order to execute a bench warrant out of the Town of Batavia for a passenger in the van, Jeremy Lyons. The stop was made at 2:33 p.m., Tuesday, by Deputy Brian Thompson and a unit from the State Police. During the stop on Angling Road in Pembroke, Sanders was allegedly found in possession of marijuana.

Luke M. Tarnacki, 19, of Sandridge Road, Alden, is charged with driving while impaired by drugs, failure to keep right, unlawful use of an electronic device (texting) and aggravated unlicensed operation. Sheriff's deputies Ron Meides and Chris Parker were dispatched at 7:47 a.m., Wednesday, to the scene of an alleged accident on Route 33 near Read Road in the Town of Batavia. A vehicle had driven through a ditch and left the scene. Tarnacki was located later and reportedly admitted to texting while driving. Tarnacki reportedly crossed two lanes of traffic and drove off the roadway on the opposite shoulder. Upon further investigation, deputies determined that Tarnacki was allegedly driving while impaired by drugs. Tarnacki was jailed on $3,000 bail.