Pavilion

6800 Junction Road, Pavilion. Super solid move in ready raised ranch home on quiet 1/2 acre country lot! Move in and enjoy no honey do lists on this 3 bedroom, 2 full bath home.

Downstairs features large family room with gas fireplace pretty ceramic floors, brand new full bath -- perfect hang out room or an awesome large master bedroom suite! Upstairs features hardwood floors large open kitchen/dining/living space ideal for entertaining!

Three bedrooms with full closets and another brand new bath -- not a lot to do here but decorate! Outside is nicely landscaped and lot backs up to fields with pretty views--very easy to see! Call Lynn Bezon at Reliant Real Estate today or click here for more information on this listing.

8009 Bank Street Road, Batavia. Owner says SELL this solid 5 bedroom, 3 full bath home in move in condition! You can't find to many like this!

This well laid out spacious home has something for everybody -- a newly redone and pretty kitchen with granite countertops, large dining area for friends & family, 5 good-sized bedrooms, well spaced out to give everyone privacy and 3 FULL baths-you can never have enough seats!

When you walk in you are welcomed into awesome foyer/sitting room with beautiful wet bar and fireplace with vaulted ceiling leading to 2 loft style bedrooms-perfect for guests or his and her offices!

All mechanical updates are in good working order and all appliances included! Located in the town with 1.5 acres and minutes from thruway for easy commutes to everywhere! Call Lynn Bezon at Reliant Real Estate today or click here for more information on this listing.

Angela M. McIntyre, 46, of Vine Street, Batavia, is charged with: uninspected motor vehicle; driving while intoxicated -- impaired by drugs -- first offense; and criminal possession of a controlled substance (unspecified). McIntyre was arrested at 10:52 a.m. on Sept. 14 on East Main Street in Batavia following an investigation at Eastown Plaza. She was released to Genesee Justice and is due in City Court Sept. 27. The case was handled by Batavia Police Officer Kevin DeFelice, assisted by Kyle Krtanik.

Aaron L. Klein, 47, of Montclair Avenue, Batavia, is charged with second-degree criminal contempt. He was arrested at 1:12 p.m. on Sept. 19 for violating a stay-away order of protection. Klein was allegedly caught hiding in the protected party's house within hours of being served with the stay-away order. He was jailed on $5,000 bail or $10,000 bond. The case was handled by Batavia Police Officer Jason Ivison, assisted by Officer Frank Klimjack.

Jeremiah T. Jones, 45, of Ross Street, Batavia, is charged with second-degree criminal contempt. He was arrested at 1:40 p.m. on Sept. 17 on West Main Street, Batavia, after he violated a stay-away order of protection. He was issued an appearance ticket and is due in city court on Oct. 2. The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Jason Davis.

A 17-year-old who lives on Liberty Street in Batavia was arrested at 8:05 p.m. on Sept. 17 following a disturbance on Ross Street in the city wherein the youth is accused of punching another person in the face. The defendant was due in city court this afternoon to answer the charge. The case was handled by Batavia Police Officer Christopher Lindsay.

Jeremy C. Goodell, 44, of Washington Avenue, Batavia, was arrested Sept. 21 on a bench warrant for failure to appear in city court. He had been charged with third-degree criminal mischief stemming from an incident that occurred at 444 W. Main St., Batavia. Following his arraignment, he was jailed in lieu of $2,500 cash or $5,000 bond. He is due in coty court on Thursday (Sept. 27). The case was handled by Batavia Police Officer Kyle Krtanik, assisted by Officer Kevin DeFelice.

David L. Newton, 59, of Lewiston Road, Batavia, is charged with petit larceny. He was apprehended by Tops market employees after allegedly being observed concealing several items on his person and exiting the store. He was arrested at 10:55 p.m. on Sept. 20 and released on an appearance ticket and is due in City Court on Oct. 2. The case was handled by Batavia Police Officer Felicia DeGroot.

Ronnie Joe Flinchum, 59, of Mill Street, Le Roy, was arrested on Sept. 21 on a Batavia City Court bench warrant for failure to appear. Flinchum was arraigned and jailed on $1,000 cash or bond. The defendant was due in city court this morning. The case was handled by Batavia Police Officer Felicia DeGroot.

Julia L. Tombari, 24, of Roanoke Road, Pavilion, is charged with violation of probation. She was arrested on Sept. 24 on a bench warrant out of city court for violating probation. She was arraigned and jailed on $5,000 cash or bond and is due in city court on Thursday (Spet. 27). The case was handled by Batavia Police Sgt. Dan Coffey, assisted by Officer Jason Ivison.

Isaiah J.A. Munroe, 28, of Buell Street, Batavia, is charged with unlawful possession of marijuana. On Sept. 22 at 6:19 p.m. while on a traffic stop on Bank Street in Batavia, Munroe was arrested for allegedly possessing marijuana. He was issued a computer-generated appearance ticket and is due in city court on Oct. 2 to answer the charge. The case was handled by Batavia Police Officer Catherine Mucha, assisted by Officer Chad Richards.

Deputy Corey Mower, resource officer for Pavilion Central Schools, shared this early morning picture from the school of the sun rising behind the flagpole.

Join us Saturday for TWO OPEN HOUSES:

 

164 Summit St., Batavia, 11 a.m. - 12:30 p.m. Comfortable and solid City colonial in nice neighborhood. Easy to see and super affordable!

This 3 bedroom, bath and a half home features very spacious room sizes, downstairs is open and great for entertaining but very homey. Some hardwood floors and gorgeous unpainted woodwork really give this home charm. Upstairs bedrooms are all large with closets and attic is already partially finished and with a little paint could be amazing extra living/play space!

Mechanically sound with nothing urgent to tackle but what you want to do! Enjoy the front porch that has the forever trexx decking to enjoy the neighborhood or have your morning coffee on the back deck to enjoy the peacefulness of the cute back yard-either way come check out a really nice home! Call Lynn Bezon today to see this listing or click here for more information.

147 Pearl Street Road, Batavia, 1 - 2:30 p.m. Solidly maintained 3 bedroom bath and a half home! Completely gutted and remodeled within the last 5 years --beautifully done and nothing for you to do but enjoy!

Full tear off roof 4 yrs ago Beautiful cherry cabinetry with granite countertops and all stainless appliances to stay plus washer/dryer! Extra large family/dining area perfect for entertaining with pretty gas fireplace! Super convenient upstairs laundry and 3 large bedrooms. All new carpeting thru out!

Outside features extra wide drive and double lot with great deck -- inexpensive utilities and NO flood insurance! SO MUCH BANG FOR THE BUCK AND EASY TO SEE AT MOMENT NOTICE! BE IN BEFORE THE HOLIDAYS! Call Lynn Bezon today to see this listing or click here for more information.

8009 Bank Street Road, Batavia. Looking for space? Then look no further! Check out this solid 5 bedroom, 3 full bath home in move in condition!

This well laid out spacious home has something for everybody – a newly redone and pretty kitchen with granite countertops, large dining area for friends & family, 5 good-sized bedrooms well spaced out to give everyone privacy and 3 FULL baths! You can never have enough seats!

When you walk in, you are welcomed into awesome foyer/sitting room with beautiful wet bar and fireplace with vaulted ceiling and leading to a two loft style bedrooms – perfect for guests or his and her offices! All mechanical updates are in good working order and all appliances included!

Last but definitely not least, LOCATION -- located in the town with 1.5 acres and minutes from Thruway for easy commutes to everywhere! Call Lynn Bezon today to see this listing or click here for more information.

6800 Junction Road, Pavilion. Super solid, move in ready, raised ranch home on quiet 1/2 acre country lot! Move in and enjoy no honey do lists on this 3 bedroom 2 full bath home.

Downstairs features large family room with gas fireplace pretty ceramic floors, brand new full bath -- perfect hang out room or an awesome large master bedroom suite! Upstairs features hardwood floors large open kitchen/dining/living space ideal for entertaining! Three bedrooms with full closets and another brand new bath-not a lot to do here but decorate!

Outside is nicely landscaped and lot backs up to fields with pretty views -- very easy to see! Call Lynn Bezon today to see this listing or click here for more information.

Press release:

New York State Senator Michael H. Ranzenhofer has announced today the approval of Smart School Investment Plans for three school districts in Genesee County, including $2,543,552 for high-tech security and school connectivity. The funding is part of the Smart Schools Bond Act.

“Our children have unlimited potential to succeed, but only if our school districts get their fair share of state dollars,” Ranzenhofer said. “This investment will turn that potential into reality by ensuring Batavia City, Le Roy and Pavilion schools get the best resources to foster student success in a global economy.”

High-tech security funding has been authorized in the amounts of $1,940,585 for Batavia City School District and $348,300 for Pavilion School District. Le Roy School District has been approved for $254,667 in school connectivity funding.

Schools can invest these funds in classroom technology, school connectivity, and high-tech security upgrades to better prepare students for success in the 21st century. 

“The Batavia City School District is going to use SSBA funds to install and upgrade high tech security to assure the safety and well-being of our students and staff in all buildings to assist in maintaining a safest possible learning environment. We are planning on installing new card readers, new door contacts, electronic door strikes, wireless locksets, fixed high-definition cameras, door closers, and motion detectors," said Batavia City School District Superintendent Christopher J. Dailey.

"These improvements will allow our focus to remain on student learning while creating a safe environment for our students and staff to work, learn and grow,” 

Pavilion Central School Superintendent Kenneth J. Ellison said “Pavilion Central Schools will use the recently approved Smart School Investment Plan funds to upgrade our video security system to provide a safe and secure learning environment. The existing system was installed many years ago has limited coverage and minimal storage capacity.

"Our goal is to upgrade our system and expand coverage in all areas. These funds will make it possible to cover all targeted areas on campus with a state of the art camera security system."

The Smart Schools Review Board is responsible for approval of the plan. In 2014, voters approved the $2 billion statewide school investment to finance educational technology and infrastructure.

Today Timothy Zipfel, a senior at Pavilion High School and a volunteer with the Pavilion Fire Department, donned his turnout gear and air tank today to walk 110 flights of stairs at the school in honor of the victims of the Sept. 11, 2001 attacks on America.

Of course, Pavilion only has three flights of stairs, so Zipfel walked up three flights and then down three flights about 36 times to complete the 110 flights.

There were 110 flights of stairs in each of the Twin Towers of the World Trade Center in New York City.

The attack was 17 years ago and Zipfel is only 17 years old. He said the impact of the attack hit him when he was young when his parents told him about it and he determined then that he would do something to honor the victims.

This is the second year he's climbed the stairs.

"I believe that today is one of the days that no one in this great nation should ever forget," Zipfel said. "I feel like it should be honored."

Photo: Emily Mikel and her cow, Bingo, received the award for 2018 4-H Holstein Master Showman at the New York State Fair in Syracuse.

Submitted photo and press release:

Genesee County 4-H’er Emily Mikel, of Pavilion, finished her 4-H career with top honors at the Great New York State Fair in Syracuse.

This year marks Emily Mikel’s 11th and final year in the Genesee County 4-H program.

Emily has been active in both the 4-H Dairy Club and 4-H Swine Club. She has shown great leadership and passion for both 4-H and the dairy industry. Her honors also include being named Genesee County Dairy Queen in 2015.

She is a prime example of the leaders that the 4-H program annually graduates.

In her final season of 4-H, Emily exhibited her quality Holsteins at the 2018 New York State Fair. She won many awards with her animals including Grand Champion.

Emily competed against more than 40 4-H’ers from across the state for title of 2018 4-H Holstein Master Showman. After facing tough competition, Emily and her cow, Mikelholm Dempsy Bingo,won it all.

Congratulations to Emily as the 2018 4-H Holstein Master Showman at the New York State Fair.

To learn more about Genesee County 4-H visit: http://genesee.cce.cornell.edu/

Rachel Brittany Solomon, 26, of Meadville Road, Tonawanda Indian Reservation, is charged with criminal mischief, endangering the welfare of a child, resisting arrest, and harassment, 2nd. Solomon is accused of damaging the property of another person at 6:39 p.m. Thursday at a location on Meadville Road. Solomon allegedly resisted arrest and kicked a deputy while holding a child. Solomon was jailed on $2,000 bail or $4,000 bond.

Nicholas David Frayne, 21, of Two Rod Road, Alden, is charged with grand larceny, 4th, and criminal trespass, 3rd. Frayne allegedly stole scrap metal from an enclosed property on Sumner Road, Darien, on July 21 and Aug. 9. The case was investigated by Deputy Kyle Krzemien and Investigator Joseph Loftus. Also charged, Dalton James Offhaus, 21, of Brookville Road, Alexander.

Robert C. Hayes, 28, of Le Roy, is charged with unlawful possession of marijuana. Hayes was stopped by State Police at 4:45 p.m. Wednesday on Route 20 in Pavilion.

A shed fire is reported at 10035 Perry Road, Pavilion.

The shed is reportedly about 25 feet from the house. The location is just south of Junction Road.

Pavilion, Le Roy and Caledonia dispatched.

UPDATE 11:27 p.m.: Working structure fire, two structures involved, "with exposure problems."

UPDATE 11:43 p.m.: Bergen requested to stand by at the Bergen hall.

Paul David Hussey, 63, of Highway 13, South Hurricane Mills, Tenn., is charged with four counts of attempted assault with a dangerous instrument, 1st, four counts of reckless endangerment, criminal possession of a controlled substance, and driving while ability impaired by drugs. Hussey is accused of attempting to run over patrons of the Northgate Free Methodist Church, 8160 Bank Street Road, Batavia, at 6:59 p.m. Wednesday. He was allegedly found in possession of methamphetamine. He was jailed on $25,000 bail, $50,000 bond.

Joseph T. Sieg, 23, of French Road, Depew, is charged with menacing, 2nd, DWI, aggravated unlicensed operation, leaving the scene of a property damage accident, and driving without inspection. Sieg allegedly threatened four people by displaying a knife during a disturbance on Telephone Road, Pavilion, at 9:28 p.m. Wednesday.

A rekindle is reported at 7230 Telephone Road, Pavilion, the residence destroyed earlier today by a fire.

Pavilion fire and Le Roy fire dispatched.

UPDATE 11:19 p.m.: A caller reported driving by on her way home from work and saw flames. Le Roy can stand by in quarters while a Pavilion chief investigates.

UPDATE 11:23 p.m.: Le Roy and Caledonia can stand down.

As soon as one of the Schroth's family's dogs stuck his head out of a bedroom window of their burned-out home, the cry went up from a firefighter: "dog in the window."

A half-dozen firefighters, including Chief Jeff Pietrazykowski, Bethany fire, and Capt. Marty Hinz, City fire, (top photo), converged on the window and worked together to lift the black lab out of the smoldering building.

By that point, the manufactured home was already a total loss with the interior destroyed from end to end.

Somehow five of the family's six dogs were safely accounted for at one point this afternoon and a sixth, Lucky, the family believed escaped and was hiding in the nearby woods. They were also hopeful their five cats escaped. There was a doggy door on the back of the house.

Nobody was home when the fire was reported at 11:45 a.m. at 7230 Telephone Road, Pavilion.

When Pavilion's Assistant Chief Don Roblee arrived on the scene, he could see there was no saving the structure and he immediately informed dispatchers that crews would be fighting a defensive fire.

The concern among firefighters then was the welfare of the family pets. That, and dealing with hot, humid weather, which made it imperative for firefighters to rotate assignments and stay hydrated, cool and rested.

"We had a second alarm just because in this heat you need people," Roblee said. "You've got to rotate the guys out. You want to keep them fresh. You don't want to get them hurt. ... It's so hot. They put on that 150 pounds of gear on plus air packs, you know, they're just drenched. You lose so much water and moisture in the body; you've got to take care of it."

There is no information available yet on the cause or origin of the fire. Nobody was home when the fire started. Roblee said the owners told him the only thing on in the house were two window air conditioners. 

The 1,512-square-foot manufactured home was constructed in 1999 and it sat on 2.2 acres of land, according to county records.

Assisting Pavilion were Le Roy, Bethany, Stafford, Wyoming, Caledonia, and City of Batavia's Fast Team. The Sheriff's Office and Emergency Management also assisted at the scene.

The black lab pulled from the window was soaking wet but had no interest in getting an air mask put over his face by Hinz once he was in a safe spot.  He was happy to get love from his owners Nessy Schroth and her mother Kim Schroth, who was overcome with emotion when she saw him.

Their other black lab, Mac, rescued later, was breathing hard after he was carried away from the house. Hinz fitting the breathing mask over his face while another firefighter poured water on him and petted him. Soon, they moved him into an air-conditioned truck and shortly after that he walked away from the scene on his own.

Previously: Trailer fire reported off Route 20 in Pavilion

"Dog in the window."

Pietrazykowski with the black lab rescued from the window.

Kim Schroth was overcome with emotion, happy to see one of her black labs rescued safely from the fire in her house.

A trailer, believed to be vacant, is reportedly on fire at 7230 Telephone Road, Pavilion.

Pavilion fire and Le Roy fire dispatched. Mutual aid requested from Caledonia.

UPDATE 11:43 a.m.: There are pets in the structure.

UPDATE 11:44 a.m.: Heavy smoke, no flames showing, "but there's definitely a fire. It's going to be defensive by the time we get here." The owner reportedly just went inside. 

UPDATE 11:45 a.m.: Owner is out. Going to a second alarm. This is a trailer park.

UPDATE(S) (By Billie) 11:48 a.m.: This is a working trailer fire. The city's Fast Team, Bethany, Stafford, Perry Center, York and Wyoming are also called; "exterior only"; Perry to fill at Pavilion; medics called in non-emergency for rehab.

UPDATE 11:51 a.m.: The city fourth platoon is called into headquarters.

UPDATE 11:55 a.m.: "The owner is running up the road."

UPDATE 11:57 a.m.: Traffic police are requested to the scene by command.

UPDATE 11:59 a.m.: "All units go defensive," says command.

UPDATE 12:11 p.m.: Le Roy fire's auxiliary is requested to bring refeshments to the scene.

UPDATE 12:25 p.m.: Four pet dogs were safely rescued from the burning trailer.

UPDATE 12:39 p.m.: Five dogs have been rescued: Rosie, Penelope, Mac, Jack and Snoopy. A sixth dog, Lucky, is missing. Two cats are also missing, but the owner believes they may have escaped through the doggie dog and ran off.

UPDATE 1:01 p.m.: A total of five cats are missing. There were six dogs, five cats and four people living in the trailer. Five of the dogs are accounted for.     The people either got out or were already out when the fire occurred.

UPDATE 1:44 p.m.: Pavilion Second Assistant Chief Don Roblee said: the whole building -- a double-wide trailer with no cellar -- was involved by the time he arrived on scene. Nobody was home. A couple of portable air conditioners were turned on. There was no gas line to the trailer, but there were a couple of small propane tanks that "were just poppin'." National Grid cut power to the structure. "The lady of the house got there pretty quick and was just screaming to get her animals." Initially six dogs were trapped inside. "They made a good rescue." Five dogs are accounted for; a dog named Lucky got out but has not been located. Although five cats were also kept as pets there, Roblee says "they never told us anything about cats. We never saw any cats. They propably got out and are running around." The fire appears to have begun in the living room, spread to the kitchen, then back to the bedrooms. The ceilings and roof were collapsing and the fire was fought defensively from the get-go. The trapped dogs made their way to a back bedroom, called there through a window by firefighters. They were then rescued. "Good size dogs, beagles, too, Jack Russells." Eight fire companies from three counties -- including mutual aid from Livingston and Wyoming counties -- fought the blaze. "They're doing a pretty good job." It went to a second alarm, Roblee said, because they needed enough firefighters ready to relieve those who needed rehab. Fighting a fire wearing 150 pounds of clothing and gear, plus air packs in hot weather quickly dehydrates a person. Pavilion doesn't have an auxiliary any longer, so Le Roy's was called in. The trailer is a total loss. They are "drowning" hot spots now and will conduct an investigation.

OPEN HOUSE SATURDAY, 11 a.m.-12:30 p.m.: 6800 Juntion Road, Pavilion. Super solid move in ready raised ranch home on quiet half-acre country lot! Move in and enjoy no honey-do lists on this 3 bedroom 2 full bath home.

Downstairs features a large family room with gas fireplace, pretty ceramic floors, brand new full bath-perfect hang out room or an awesome large master bedroom suite! Upstairs features hardwood floors large open kitchen/dining/living space ideal for entertaining! Three bedrooms with full closets and another brand new bath.

Not a lot to do here but decorate! Outside is nicely landscaped and lot backs up to fields with pretty views – very easy to see. Call Lynn Bezon, Reliant Real Estate 585-344-HOME or click here for more information on this listing.

Local library directors are asking Genesee County to provide $48,000 in funding in its 2019 budget, which would restore the county's share of funding to 2011 levels.

Without committing, either way, several members of county's Human Services Committee on Monday questioned why towns in the county that don't have libraries aren't doing more to assist funding libraries since their residents certainly use libraries, whether it's the Richmond, Haxton, Corfu, Woodward, or Hollwedel libraries.

"You need to make a presentation to GAM (Genesee Association of Municipalities) because there are still significant portions of the county that are not contributing to the libraries," said Robert Bausch, chairman of the County Legislature. "I hate to say that certain people in certain towns are dumber than other people so, therefore, they don’t need libraries. I don’t think that’s true but the bottom line is, this has gone on now since approximately 1986, so this has gone on for 30 years and these other towns have not stepped up."

Suzanne Schauf, director of the Hollwedel Memorial Library in Pavilion, suggested that because of towns without libraries -- such as Bethany, Alabama, Alexander, and Elba -- aren't legally obligated to pay for libraries, any funding that comes from the towns could be precarious and subject to political whim.

Bethany, she said, used to make a contribution to the Pavilion library, but then somebody said the wrong thing to somebody, somebody else got mad, she said, and the funding was cut.

To secure more funding from these towns, libraries would need to recharter to incorporate these towns either in a library district or as part of an appropriate school budget.

That can be a lengthy process, though the Corfu Free Library rechartered as a school district library and became the Corfu Public Library in 2016.

Bausch was actually part of the committee 30 years ago that came up with the formula for the county to provide financial support to all of the libraries. The original plan was for the county share to be $60,000, or $1 per resident.

Over time, that share was reduced and is now less than $48,000, though the county's population is 58,000.

More than half the money goes to the Richmond Memorial Library in Batavia and though that is the largest piece of the funding pie, said Director Robert Conrad, it is the smallest portion of the library's revenue stream.

The county share is generally used for the purchase and upkeep of technology and purchasing new books.

The Legislature is asking that the topic be placed on the next GAM agenda.

A man has reportedly been trampled by a bull and is not breathing at a location on Simmons Road in the Town of Covington.

The location is in Pavilion's fire district and Pavilion fire is responding, along with Mercy EMS.

Dispatchers are checking on the availability of Mercy Flight.

Last week, in the Town of Covington, a man suffered rib and abdominal injuries after being gored by a bull.  

UPDATE 11:52 a.m.: CPR in progress. Mercy Flight dispatched.

UPDATE 1:56 p.m.: A reporter for 13WHAM is at the location and a State trooper confirmed there is a fatality.

UPDATE 2:40 p.m.: Via our news partner, 13WHAM, the victim is 72 years old from Perry. He was an employee. 

UPDATE 2:43 p.m.: Press release from State Police in Warsaw: 

On Aug. 2 at 11:40 a.m., Troopers responded to Simmons Road in the Town of Covington for a man struck by a bull. Further investigation reveals that Roy C Bell, 72, of Perry, was moving cattle around the farm.

A family member located Bell after being struck by the 1-year-old bull. Lifesaving measures were administered to Bell who was unresponsive. Bell succumbed to his injuries and was taken to Monroe County Medical Examiners Office for an autopsy.
 

David M. Howard is indicted for the crime of assault in the second degree, a Class D violent felony. It is alleged that on May 19 in the Town of Pavilion that Howard, with intent to cause physical injury to a person age 65 or older, caused such injury and the defendant is more than 10 years younger than the victim. In count two, Howard is accused of third-degree assault, a Class A misdemeanor, for allegedly recklessly causing physical injury to another person May 19 in Pavilion.

Larry A. Hubler is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on July 20 in the Town of Stafford that Hubler drove a 2006 Chevrolet on East Main Street Road (Route 5) while in an intoxicated condition. In count two, he is accused of DWI, per se, as a Class E felony. It is alleged in count two that he had a BAC of .08 percent or more at the time. In Special Information filed by the Genesee County District Attorney's Office, Hubler is accused of having been convicted of DWI, as a Class E felony, on Nov. 21, 2007, in Genesee County Court, and the conviction was within 10 years of the crimes alleged in the current indictment.

Brett N. Magoffin is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on March 15 in the Town of Darien that Magoffin drove a 2003 Chevrolet on Simonds Road while in an intoxicated condition. In count two, he is accused of DWI, per se, as a Class E felony. It is alleged in count two that he had a BAC of .18 percent or more at the time. In Special Information filed by the Genesee County District Attorney's Office, Magoffin is accused of having been convicted of DWI, as a misdemeanor, on March 31, 2015, in City of Batavia Court, and the conviction was within 10 years of the crimes alleged in the current indictment.