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Law and Order: Driver allegedly found with narcotics with intent to sell

By Howard B. Owens

Marquis K. Saddler, 24, of State Street, Batavia, is charged with aggravated unlicensed operation, 2nd, driving without an interlock device, criminal possession of a narcotic drug, criminal possession of a narcotic drug with intent to sell and unlawful possession of marijuana. Saddler was arrested in the driveway of a residence on State Street following a complaint of alleged traffic offenses. Saddler was jailed without bail.

Harry R. Silliman, 51, of Batavia, is charged with criminal contempt, 2nd. Silliman allegedly violated an order of protection by contacting a family member he was ordered not to contact. Silliman allegedly made contact at the Corfu PD office. He was jailed on $250 bail or $1,000 bond.

Patti Ann Strange, 44, of Sumner Road, Darien, is charged with disorderly conduct. Strange allegedly became verbally and physically offensive while with Pembroke Intermediate School administrators. Strange was reportedly asked to leave the property and allegedly became verbally offensive and was physically removed from the property by a Corfu PD officer and a Sheriff's deputy. 

John James Hassler Jr., 34, of Ontario Center Road, Ontario, Canada, is charged with possession/transport of more than 400 untaxed cigarettes, aggravated unlicensed operation, speeding, driving without an interlock device, unlicensed operator. Hassler was stopped at 10:50 a.m., Monday on Route 77, Pembroke, by Deputy Patrick Reeves.

Woodrow C. Horseman, 39, no permanent address, was arrested on a warrant for alleged failure to appear. He was jailed on $100,000 bail.

Minerva Garcia, 35, of Walnut Street, Batavia, was arrested on a warrant for alleged failure to appear on a parking ticket. Garcia posted cash bail and was released.

Town of Pembroke officials look at options in the event the Village of Corfu dissolves

By Howard B. Owens

Town of Pembroke officials ran through a series of issues Monday evening they might face if Village of Corfu residents go through with a referendum to dissolve their government.

There are legal questions to be answered and issues about how to resolve certain expenses related to the village, but in the end, Supervisor Annie Lawrence acknowledged, the question of dissolution isn't really the town board's call.

"We don't run the show," Lawrence said. "This is their decision. There isn't really anything the town can do other than be as prepared as we can be for the town to absorb the village."

The town will have to deal with issues related to village street lighting, brush pick up, sidewalks and police coverage, all under the legal obligation to ensure whatever is done for the village must a service provided to the entire town. Either that or set up special districts.

Town Attorney Mark Boylan said that in his opinion, there need not be a special district set up for street lights because the town currently has street lights at some intersections.  

Since National Grid owns and maintains the village street lights, there is no anticipated future capital expense for the lights, just the $10,000 or so annually to keep them lit.

Street lights, then, can be a general fund expense shared by the entire town if there's no longer a village government.

Sidewalks are a stickier issue. There are some sidewalks in East Pembroke. But for the most part, the town doesn't need to repair or replace sidewalks, therefore it's harder to legally justify making sidewalks a town-wide expense, Boylan explained.

It's more likely, a sidewalk district would need to be defined for the area of the village and a special assessment levied on residents within that district.

Parts of the village that don't currently have sidewalks could, theoretically at least, be carved out of the district, but then a whole new district would need to be created if those neighborhoods ever wanted sidewalks.

On brush pick up, the town would either need to increase the frequency of pick up for the entire town, decrease the frequency for the village, or ask everybody to self-service brush drop-off at a composting station. The service would need to be equal across all areas of the town.

On the issue of police, in order for the village police department to survive the dissolution, the town would have to take on the expense of a police department that patrols the entire town. That would mean expanding the department, hiring more officers, buying patrol vehicles, thereby making the whole operation expensive.

Or the town could contract, perhaps for about $60,000 a year, with the Sheriff's Office to provide extra coverage in the town. While that would likely mean increased patrols in the village, the town cannot contract just for village coverage. The patrols would be responsible, during their shifts, for the entire town.

The village currently has about $250,000 in capital reserves. Boylan said he's waiting for clarification from the state on how that money could be used after the dissolution.

Could it be dedicated to the needs of the present village residents -- such as sidewalks -- or must it just get mixed in with the town's general fund?

"Unfortunately, the state is not every clear," Boylan said. "They are not very clear in the least on how this is supposed to play out."

One solution is for the village government to spend the reserves down if the dissolution resolution is passed by village residents, thereby ensuring the funds collected from village residents provides services for village residents.

No date has been set for a vote on dissolution. But when it does take place, dissolution cannot occur in the same year the vote is taken, so there will be some delay between the vote and the date the village government ceases to exist.

Grand Jury: Man indicted for possessing and promoting child sexual performances in Le Roy

By Billie Owens

Kyle B. Sovocool is indicted on 13 counts of the crime of possessing a sexual performance by a child, a Class E felony. On Feb. 13, 2014, in the Town of Le Roy, Sovocool allegedly knowingly had in his possession or control, or knowingly accessed with intent to view, performances which included sexual conduct by a child less than 16 years of age. In addition, Sovocool is indicted on 13 counts of promoting a sexual performance by a child, also a Class E felony, by allegedly producing, directing or promoting performances which included sexual conduct by a child less than 17 years of age. In count 27, he is accused of criminal possession of a weapon, 4th, a Class A misdemeanor, for allegedly knowingly possessing an electronic dart gun, contrary to Penal Law Section 265.01.

Timothy M. Ryan is accused of second-degree burglary, a Class C violent felony, for allegedly knowingly entering or remaining unlawfully in a dwelling in the Town of Pembroke on Sept. 12 with the intent to commit a crime.

Shannon A. Caton is indicted for the crime of driving while intoxicated, as a Class E felony. On Nov. 19, she allegedly drove a 2014 Ford Escape on Main Street, Batavia, while intoxicated. In count two, she is accused of the crime of attempted escape in the second degree, a Class A misdemeanor, for allegedly attempting to escape from custody at Batavia PD headquarters following her arrest on the DWI charge. In addition, the District Attorney has filed Special Information on the indictment accusing Caton of having been previously convicted of felony DWI on March 1, 2005 in Monroe County -- thus within 10 years of the crimes now alleged.

Pierre A. McCullen and Christopher A. McCullen are indicted on five counts of fourth-degree grand larceny, a Class E felony, for allegedly stealing credit or debit cards and gifts cards from a person in the Town of Pembroke on Jan. 25.

James T. Saddler III is accused of offering a false instrument for filing in the first degree, a Class E felony. He allegedly knew that a Consent to Search Waiver contained a false statement or false information, and with the intent to defraud the State or public, offered or presented it to officials with the knowledge or belief that it would become public record.

The Genesee County Grand Jury returned No Bill on five counts of fourth-degree grand larceny against Craig A. Elston. The jurors issued the negative finding after considering evidence related to incidents which allegedly occurred on Jan. 25 in the Town of Pembroke.

Law and Order: Syracuse man accused of transporting more than 10K untaxed cigarettes

By Howard B. Owens

Andrew John Schaff, 50, of East Genesee Street, Syracuse, is charged with criminal tax fraud (a Class E felony), possession and transport of more than 10,000 untaxed cigarettes (felony), failure to keep right and moving from lane unsafely. Schaff was stopped at 1:38 p.m. Thursday on Route 77, Pembroke, by Deputy Patrick Reeves. Schaff was allegedly found in possession of more than 10,000 untaxed cigarettes. Also charged with possession or transport or offer for sale unstamped cigarettes was Jason Christopher Landers, 36, of Lillian Avenue, Syracuse.

John Anthony Tambe Jr., 36, of Burrows Street, Rochester, is charged with possession of more than 400 untaxed cigarettes, speeding and aggravated unlicensed operation, 3rd. Tambe was stopped at 10:40 a.m. Thursday on Route 77, Pembroke, by Deputy Patrick Reeves. He was allegedly found in possession of 3,400 untaxed cigarettes.

Syracuse man arrested in construction site burglaries given prison term

By Howard B. Owens
William Kelly Robert Kelly Michael Correia

One of three men who has already admitted his role in a series of construction site burglaries in Genesee County will serve one to three years in prison, Judge Robert C. Noonan ruled this morning.

Michael Correia, 58, of Syracuse, admitted to third-degree burglary on Dec. 16, and while his sentencing in County Court concludes his case, his alleged accomplices continue to maintain their innocence.

Noonan will hear motions in the cases against Syracuse residents William Kelly, 44, and Robert Kelly, 43, on April 30.

All three were charged with burglary after an alert deputy in Wayne County spotted what he thought might be stolen property in a vehicle during a traffic stop.

The three men are accused of breaking into a Kutter's Cheese building, and stealing items from a residential construction site on East Main Street, Batavia, sometime during the early morning of Aug. 27.

They were allegedly found with more than $3,000 in material, including brass plumbing components and copper wire.

Town of Pembroke to meet Monday to discuss Village of Corfu dissolution

By Howard B. Owens

Public Notice:

TAKE NOTICE that there will be a Special Meeting of the Pembroke Town Board, to be held at 6:45 p.m. on Monday, March 16, 2015 at Pembroke Town Hall, 1145 Main Road, Corfu, NY for the purpose of discussion of Village of Corfu Dissolution.

Law and Order: Driver charged with DWi following accident in city

By Howard B. Owens

Amy E. D'Amico, 25, of Osterhout Avenue, Batavia, is charged with DWI, driving with a BAC of .18 or greater, leaving the scene of a property damage accident and following too closely. D'Amico was arrested by Officer Matthew Wojtaszczyk following a report of an accident on East Main Street, Batavia, at 11:05 p.m. on March 5.

Emily J. Smart, 32, of Akron, is charged with petit larceny. Smart is accused of stealing merchandise valued at $93 from Walmart.

Norman S. Malkimos-Gonzalez, 28, of Liberty Street, Batavia, is charged with harassment, 2nd. Malkimos-Gonzalez is accused of shoving a person during an argument. He was jailed on $750 bail.

Tiffany A. Reed, 20, of South Main Street, Batavia, is charged with unlawful possession of marijuana. Reed was arrested by Batavia PD after she was allegedly found in possession of marijuana during a home visit by probation officers.

Ronald J. Murray Jr., 20, of Wood Street, Batavia, was arrested on a warrant. Murray was arrested by State Police and turned over to Batavia PD. He was jailed on $1,000 bail.

Ronald Allan Roberson, 61, of Norwood Lane, Orchard Park, is charged with possession of more than 400 untaxed cigarettes and speeding. Roberson was stopped at 10:40 a.m. Monday on Route 77 by Deputy Patrick Reeves.

Law and Order: Driver found off the road in Darien charged with DWI

By Howard B. Owens

Eric Raymond Westermeier, 27, of Alleghany Road, Darien, is charged with felony driving while ability impaired by combined drugs and alcohol, felony driving with a BAC of .08 or greater, aggravated unlicensed operation and unlawful possession of marijuana. Westermeier was arrested following an investigation by Deputy Chad Cummings into a vehicle off the road at 10:11 p.m. Sunday on Erie Street, Darien Center.

Timothy O. Lee, 34, of Erie Street, Le Roy, is charged with criminal possession of a controlled substance, 7th, and speeding. Lee was arrested following a traffic stop in the Village of Le Roy. He was allegedly found in possession of cocaine.

Terry L. Travis Jr., 32, of Pringle Avenue, Batavia, is charged with resisting arrest, criminal obstruction of breathing, endangering the welfare of a child and unlawful imprisonment. Travis was allegedly involved in a domestic incident at 11:30 p.m. Saturday. He was jailed on $3,000 bail.

Jessica L. Ford, 24, of Oak Street, Batavia, is charged with criminal contempt, 2nd. Ford allegedly violated an order of protection by contacting the protected party. Ford was jailed on $1,000 bail.

Dale E. Banfield, 53, of Chestnut Street, Batavia, is charged with criminal tampering and resisting arrest. During a supervised property exchange, Banfield allegedly became verbally abusive toward the other party and grabbed the drawer from a nightstand and threw the contents across the room. As officers attempted to arrest Banfield, he allegedly pushed the officers and attempted to tackle one of them. After a brief struggle, Banfield was subdued and taken into custody. He was jailed on $5,000 cash bail or $1,000 bond.

Donna Marie Kroft, 61, of State Street, Batavia, is charged with petit larceny. Kroft allegedly stole groceries and other items from Tops Market by concealing the items in her purse and inside her coat.

Michael L. Williams, 35, no permanent address, is charged with criminal contempt, assault, 3rd, and aggravated criminal contempt. Williams was arrested on a warrant for the listed charges. He was reportedly found by Batavia PD officers hiding in a stairwell at a residence on Jackson Street, Batavia. He was jailed without bail.

Linda B. Gratton, 66, of Downer Street, Baldwinsville, was arrested on a warrant for alleged failure to appear on an aggravated unlicensed operation, 3rd, charge. Gratton turned herself in. She posted $500 police bail.

Kristen S. Buchholz, 32, of South Main Street, Batavia, is charged with harassment, 2nd, and disorderly conduct. Buchholz was allegedly involved in a verbal dispute with administrators at Batavia Middle School. She was jailed on $100 bail.

Marcos A. Torres, 32, of Cherry Street, Batavia, is charged with unlawful imprisonment, 2nd, and harassment, 2nd. Torres was allegedly involved in a domestic incident. He was jailed on $2,500 bail or $5,000 bond.

Cheryl A. Kowalik, 54, of Alexander Road, Batavia, was arrested on a warrant for alleged failure to appear on an issuing a bad check charge. Kowalik turned herself in to Batavia PD and posted $500 bail.

Bradley W. Howard, 24, of Honeysette Road, Mayville, was arrested on a warrant for alleged failure to appear on a DWI charge. Howard turned himself in to Batavia PD and was jailed on $1,000 bail.

Stephen Gary Hall, 69, of Murray Street, Mt. Morris, is charged with possession of more than 400 untaxed cigarettes. Hall was stopped for an alleged traffic violation at 11:16 a.m. Friday on Route 77, Pembroke, by Deputy Patrick Reeves. Also charged were Bernard Leonard Brock, 65, of Hopkins Street, Mt. Morris, and Edith May Donohue, 74, of Columbus Avenue, Mt. Morris.

Victoria Joanne Supple, 42, of Stroh Road, Attica, is charged with DWI, driving with a BAC of .08 or greater, refusal to take breath test and failure to keep right. Supple was stopped at 2:03 a.m. Saturday on Buffalo Street, Alexander, by Deputy Andrew Hale.

Darien Lamont Anderson, 20, of Egret Drive, Henrietta, is charged with unlawful possession of marijuana. Anderson was charged following an investigation by Deputy Chad Commings at 7:11 p.m. Saturday into a vehicle pulled off the road on Route 33, Bergen.

Lauren E. Scalzo, 19, of Bergen, and two 17-year-olds, were charged with unlawful possession of marijuana. The arrests were made by State Police at 1:30 p.m. Sunday on Sumner Road, Darien.

Marco A. Hernandez, 21, of Stafford, is charged with DWI, driving with a BAC of .08 or greater and unlawful possession of marijuana. Hernandez was stopped at 6:28 p.m. Sunday on Route 98, Batavia, by State Police.

Law and Order: Family allegedly targets employer for thefts of merchandise

By Howard B. Owens

Janet Marie Knauss, 49, of Alpine Lane, Caledonia, is charged with grand larceny, 4th, falsifying business records, 1st, and conspiracy, 5th. Knauss, along with Carol Ann Knauss, 26, of Main Road, Stafford, and Arthur Roy Knauss, 52, of Alpine Lane, Caledonia, are accused of working together to steal from Target. At different dates and times, Janet Knauss allegedly entered false discounts, voided transactions and bagged items that were not scanned so they could be stolen while working as a cashier at the store. The total value of items allegedly stolen exceeds $1,400. Carol Knauss, who was also a cashier at Target, is charged with falsifying business records, petit larceny and conspiracy, 6th. Arthur Knauss is charged with conspiracy, 6th, and petit larceny. The case was first reported in January and investigated by Deputy James Diehl.

Frank Ludwig, 65, of Oakfield, is charged with forcible touching. State Police arrested Ludwig for allegedly having unwanted physical contact with a family member.

Jordon N. Odom, 18, of Stafford, is charged with harassment, 2nd, and criminal mischief, 4th. Odom is accused of striking a family member during an argument and then taking the family member's mobile phone in order to prevent the person from calling law enforcement. He later reportedly gave the phone back. Odom was jailed on $250 bail.

Nicholas T. Stock, 25, of Batavia, Dylan J. Perry, 23, Batavia, and Grayson C. Stock, 23, of Oakfield, are each charged with petit larceny. All three are accused of shoplifting from Walmart. Nicholas Stock and Perry are accused of trying to steal four boxes of Crest White Strips worth $234.96. Grayson Stock is accused of stealing Allegra allergy medicine worth $71.98.

A 16-year-old resident of Byron Holley Road, Byron, is charged with endangering the welfare of a child. The youth is accused of giving an electronic cigarette to a juvenile, which caused "substantial medical distress" for the juvenile.

Dennis Ray Lloyd, 33, of Summit Street, Batavia, is charged with endangering the welfare of a child, assault, 3rd, and criminal obstruction of breathing. Lloyd was arrested following the report of a domestic dispute at a location on Porter Avenue at 10:30 a.m., Feb. 26.

Rachell O. Soggs, 27, of Bank Street, Batavia, was arrested on a warrant for alleged failure to appear on a petit larceny charge. Soggs turned herself in after allegedly failing to appear for a presentencing interview ith Probation. She posted $500 police bail and was released.

Robert D. Cook, 35, of Attica Road, Darien Center, was arrested on a warrant for alleged failure to appear on a suspended/revoked registration charge. Cook turned himself in and was released on $200 bail.

Charles H. Wroten, 54, of Buell Street, Batavia, was arrested on a warrant for alleged failure to appear at the Genesee County Jail for his intermittent incarceration stemming from a third-degree assault conviction. Wroten was located by Probation, assisted by Batavia PD, and released on his own recognizance after being issued an appearance ticket.

Kerrilynn A. McDermott, 34, of Denio Street, Batavia, is charged with harassment, 2nd. McDermott is accused of throwing an iPad at another person and striking that person in the face.

Jennifer A. Way, 35, of Linwood Avenue, Batavia, is charged with DWI, driving with a BAC of .08 or greater and driving without lights on. Way was stopped at 2:12 a.m. Saturday on West Main Street, Batavia, by Officer Matthew Wojtaszczyk.

Heidi Ann Marie Pahl, 41, of Kibbe Avenue, Batavia, is charged with DWI, driving with a BAC of .08 or greater and failure to keep right. Pahl was arrested following a report of a vehicle in a ditch on Genesee Street, Pembroke, at 9:27 p.m. on Sunday, which was investigated by Deputy Kevin McCarthy.

Beth Ann Collins, 47, of Lakeport Road, Chittenango, is charged with possession of more than 400 untaxed cigarettes and speeding in zone. Collins was stopped at 11:27 a.m. Monday on Route 77, Pembroke, by Deputy Patrick Reeves.

Mother pouring herself into caring for her son who suffered serious injuries in Bethany accident

By Howard B. Owens

There's no certainty for Brandon Danser and his family, except that doctors say he's past the point where he's likely to die from injuries he sustained Feb. 21 when the car he was riding in was hit by a semi-truck on Route 20 in Bethany.

Danser suffered traumatic injuries in the accident and remains in the intensive care unit at Strong Memorial Hospital.

He will need months, perhaps years, of neurological care. Perhaps, he will never fully recover.

Brandon's mother, Karin Meyer, has been living in Seattle with her husband, Dan Meyer, and their foster children.

Dan Meyer said this afternoon that his wife is holding up as well as can be expected, that she's pouring everything she has into caring for her son, and holds out hope for his recovery.

"It's an emotional roller coaster," Meyer said. "We have to deal with what might happen, and then this that happened and each new piece of news and each improvement is a step in the right direction. We're getting past the point where his life is in danger and that was the first relief after that initial shock. After that, each improvement is really a positive thing."

Brandon is showing improvement. He can answer short questions, though there are times he can't remember people. He spends more time out of bed and sitting in a recliner.

"He has shown good success picking up and tossing a Nerf ball, which is another major improvement," Meyer said. "He is not able to stand on his own but when supported on each side he has been able to take tentative steps and move across the room. He has good hand and arm motion and has been generous squeezing hands and giving out hugs."

The emotional roller coaster hasn't stopped since Karin received that early morning phone call Feb. 21 with the horrible news of the accident.

She got on the first flight East she could book and when she arrived at Strong and walked into Brandon's room, he was still completely unresponsive, Dan said.

"When she's away from Brandon, she gets a chance to release those emotions," Meyer said. "She gets time to recharge and even think about eating and sleeping for herself."

Meyer joined his wife in Rochester yesterday after making arrangements for their foster children in Seattle. He's here to provide the care for her she needs as she cares for her son, Meyer said.

It's a completely open question as to how long Karin will need to be in Rochester.

Doctors don't yet know when Brandon might be released from ICU. The most likely next step for Brandon is in-patient care at Unity Hospital's Restorative Neurology and Rehabilitation Center in Rochester. When he's able to be flown to another location, he could be taken to the Mayo Clinic, or he could return with Karin and Dan to Seattle.

Any scenario will be difficult for the family.

Out of concern for her sister's well-being and the financial stress of her family, Marianne Bowen has set up a GoFundMe.com page, Help Brandon Heal, with an initial goal of raising $10,000, though Bowen thinks the family's financial needs will far exceed $10,000.

"My sister believes, she hopes he will be back but there is a lot of work ahead of him," Bowen said.

The accident is such a tragedy, Bowen said. It's still unclear what happened. The driver, Hannah Dibble, was the designated driver and wasn't drinking, according to information given to Bowen. Brandon was wearing a seat belt, but still ejected from the vehicle when it was struck.

The Sheriff's Office investigation is being supervised by Chief Deputy Jerome Brewster (Chief Deputy Gordon Dibble is the great uncle of Hannah Dibble, so he recused himself from the investigation), and Brewster said late this week there are still no conclusions to share. There have been no charges filed or citations issued.

In all, six people were in the little brown 1997 Geo Prism driven by Dibble when it crossed Route 20 on a dark, bitterly cold morning from northbound Molasses Hill Road.

Of the six, Brandon was seriously injured and 18-year-old Alyson D. Krzanak died of injuries sustained in the accident. Jamie Scherer, 21, of Pembroke, was seriously injured, but is now listed in satisfactory condition at Strong. Felicia Fazzio, 20, of Darien, was also hospitalized, but her condition is not available. Dibble was treated and released at ECMC and Gabrielle Uzarowski, 21, of Pembroke, was treated at the scene and released.

Last night, members of the Pembroke community held a vigil for Krzanak. Visit The Batavian's news partner, 13WHAM, for a report.

Structure fire reported on Brick House Corners Drive, Pembroke

By Billie Owens

A structure fire is reported at 8705 Brick House Corners Drive, Pembroke. Pembroke and Indian Falls fire crews are responding, along with Mercy medics. A Sheriff's deputy on scene reports light smoke showing.

UPDATE 7:37 p.m.: Command has entered the building and it's "no longer smoking, investigating at this point."

UPDATE 7:55 p.m.: City Engine #12 also responded and is now returning to its station. The City's Fast Team, initially called into action, is told by Pembroke command to go back in service.

UPDATE 7:59 p.m.: The Pembroke assignment is back in service.

Pembroke Lady Dragons opens sectional play with win over Sodus

By Howard B. Owens

The Pembroke Lady Dragons beat Sodus in a first-round Section V Class C1 playoff game Wednesday night in Pembroke, 69-45.

They took a 46-21 lead into the half.

Olvia Kohorst had 16 points to lead the Dragons. Hannah Duttweiler, 14 and Rylee Moser, 13. 

For Sodus, Jackie Barclay scored 15 and Alexis Jackson 14.

Pembroke (11-9) plays at 2 p.m., Saturday, against East Rochester (18-1) in East Rochester.

Photo and game information submitted by Aaron Burch, athletic director, Pembroke Central Schools.

Law and Order: Driver of car found on snow bank charged with DWI

By Howard B. Owens

Anthony W. Janda, 37, of Gasport, is charged with DWI, speed unreasonable, failure to use designated lane and driving across hazardous markings. Janda's vehicle left the south shoulder of Route 5 in Pembroke and struck a snow embankment. Upon a trooper's arrival, Janda was in a Mercy EMS ambulance. The trooper said he detected "an overwhelming odor of an alcoholic beverage." The trooper administered two field sobriety tests and a breath test, which indicated alcohol consumption. Janda was transported to ECMC as a precaution and reportedly refused a blood test for the trooper, though the hospital had already drawn blood.

Vanessa Lynn Silvernail, 29, of Meadow Farm North, North Chili, is charged with DWI, aggravated DWI, aggravated unlicensed operation, moving from lane unsafely and drinking alcohol in a motor vehicle. Silvernail was arrested following an investigation into a one-vehicle accident in which the vehicle left the roadway on North Road, Town of Le Roy, and went into a ditch at 12:30 a.m. The accident was investigated by Deputy Joseph Loftus.

Annie E. Johnson, 86, of Milbank Street, Rochester, was arrested on a warrant for alleged failure to appear on an overnight parking ticket in the city. Johnson turned herself in and was released on $100 bail.

Christina M. Sanchez-Anderson, 26, of Bank Street, Batavia, was arrested on a warrant for alleged failure to appear on a possession of stolen property, 5th, charge. Sanchez-Anderson turned herself in, was arraigned in City Court and released on her own recognizance.

Lee Edward Richeson, 53, of 8th Street, Canisteo, is charged with possession of more than 400 untaxed cigarettes. Richeson was stopped at 11:50 a.m. Tuesday on Route 77, Pembroke, for an alleged traffic violation by Deputy Patrick Reeves.

Pembroke and Byron-Bergen open tournament play with battle to the end

By Howard B. Owens

Two teams, evenly matched, made for action-packed basketball at Byron-Bergen Tuesday night, but a 14-2 run in the second quarter made all the difference for Pembroke as the Dragons pulled out a 51-45 win in a first-round Section V playoff game.

Byron-Bergen and Pembroke came into the game as the #8 and #9 seeds, both with 7-12 records and having split their two regular season contests.

"We know everything that they're running," said Chad Smith, Bees head coach. "I mean, he had to change up his pace and we were able to adjust to it. We figured it out. We did a great job. He knows pretty much what we're doing. We worked them down to five seconds on the shot clock a lot throughout the night, but they had guys come up big."

Smith and Pembroke Coach Matt Shay agreed that the turning point was the second quarter, when shots stopped dropping for the Bees and the Dragons got hot.

"We really locked down defensively and that was huge because they made some shots in the first quarter and I told the guys after the first quarter, I thought we were playing solid defense, but they were just making tough, good shots, good offensive plays. I told the guys, 'stick with it.' I think the defense looked pretty good and eventually those percentages even themselves out."

The game wasn't really decided into the closing second, but Byron-Bergen wasn't able to run its plays to get some scores.

Smith realizes he has a young team and he's eager to start off-season work with his returning players with an eye toward a stronger 2015-16.

"We've got a great group of kids," Smith said. "They work their tails off for me. I knew it was going to be a fight. They weren't going to give up at all until the end. I'm very proud of our guys.
I think we're moving in the right direction."

For Pembroke, Ryan Cansdale had 16 points, Zack Von Kramer, 10, and Kyle Ludwig hit three triples on his way to a 10-point game.

For the Bees, Steele Truax had 11, and Brandon Burke and Adam Strassner had 10 each.

Next up for Pembroke at 7 p.m., Friday, is #1 seed Mynderse (15-4). 

Shay knows it's going to be a tough game for his young team.

"We're definitely the underdog, which is OK with us because we've been an underdog team for most the season," Shay said. "I don't try to focus too much on the other team. We will get focused on what we do and execute on what we do rather than concentrate on what they do."

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Law and Order: Buffalo man allegedly found with 4,600 untaxed cigarettes

By Howard B. Owens

Zaid Amhad Alhariri, 47, of Dodge Street, Buffalo, is charged with possession of more than 4,600 untaxed cigarettes. Alhariri was stopped for alleged traffic violations at 12:23 p.m. Sunday on Route 77, Pembroke, by Deputy Patrick Reeves. He was allegedly found in possession of 4,600 untaxed cigarettes with a value of $1,055.

Cindy Lou Bush, 63, of Oak Orchard Road, Elba, is charged with five counts of criminal contempt, 2nd. Bush was allegedly involved in an incident at 7:30 p.m. Monday at a residence on Oak Orchard Road, Elba, with five other people, all who are the subject of a complete stay away order issued to Bush.

Annette Monique McMillian, 30, of Elmdorf Street, Rochester, is charged with scheme to defraud, 1st, petit larceny and issuing a bad check. McMillian was arrested on a warrant after turning herself in to Monroe County Probation. She was arraigned in Le Roy Town Court and jailed on $1,000 bail.

Scott Doll's motion for dismissal without merit ADA argues

By Howard B. Owens

One of the main issues in a motion by an attorney for Scott F. Doll to dismiss his 2010 murder conviction isn't supported by the court record, Assistant District Attorney Will Zickl is arguing in an answering affidavit released Friday.

Doll's attorney, Timothy Murphy, argued in his motion that investigators didn't have probable cause to detain Doll after he was found in blood-soaked overalls on North Lake Road, Pembroke, the night of Feb. 19, 2009.

Doll was convicted by a jury of murder for beating to death Joseph Benaquist, a former coworker of Doll's and occasional partner in a used car business, at the victim's home in Pembroke.

He is serving a 15-years-to-life sentence in State Prison.

The failure of Doll's defense team -- Paul Cambria and Daniel Killilea -- to raise the issue of the detention constitutes insufficient legal representation, Murphy argues.

Zickl counters that Murphy fails to establish a factual basis for his motion. He argues that at the trial court level, the defendant challenged the legality of his detention, including his transport to the Genesee County Sheriff's Office, in his motion to suppress statements Doll made to investigators.

Doll has already lost an appeal on the legality of his being questioned without being read his rights.

An appeals court found that questioning Doll was legal under what's known as the "emergency doctrine." Since investigators had reason to believe a person may be injured and in immediate need of assistance if located, they need not advise Doll of his right to remain silent.

Zickl argues that Doll received a vigorous and well-crafted defense during all phases of the case.

"A cohesive and closely tailored theory of the Defendant's innocence was cogently presented to the jury by the defense team," Zickl writes.

Zickl asks that since the record is so clear, Doll's motion be denied without a hearing.

As for Doll's motion for further DNA testing, Zickl argues that further testing won't produce different results.

"A central premise of the Defendant's motion is that the victim and the perpetrator were involved in a 'struggle' and as a result it is likely that genetic material would be found underneath the victim's fingernails or on his clothes," Zickl writes.

"This theory is not supported in the record. In fact, the record is more consistent with a theory of an ambush and rapid incapacitation of the victim by the Defendant.

"Even assuming, arguendo (for the sake of argument), that the requested genetic testing had produced a profile other than the Defendant's, it would not explain or diminish the overwhelming evidence of the Defendant's guilt, such as the volume, distribution and appearance of the victim's blood on his person, his clothes and his vehicle."

Noonan will rule on the motions at a later date.

For previous Scott Doll coverage, click here.

Two people seriously injured in Bethany accident remain in ICU

By Howard B. Owens

Two of the people seriously injured in a weekend accident that took the life of a young Pembroke woman remain in guarded condition at Strong Memorial Hospital.

Details of the injuries to Brandon Danser, 21, of Batavia, and Jamie Scherer, 21, of Pembroke, are not available.

Strong lists all patients in the Intensive Care Unit as "guarded."

Both were passengers in a vehicle early Saturday morning that was northbound off of Molasses Hill Road, Bethany, when it was struck by an eastbound semi-truck on Route 20.

Alyson D. Krzanak, 18, of Pembroke, later succumbed to injuries sustained in the accident.

The vehicle was reportedly driven by Hannah Dibble, 21, of Pembroke, who was transported by Mercy EMS to ECMC and treated and released.

Felicia Fazzio, 20, of Darien, was transported by Mercy EMS to ECMC. She was listed in stable condition, but today a patient information operator at ECMC refused to release information on her condition, other than to confirm she hasn't been released.

Gabrielle Uzarowski, 21, of Pembroke, was treated at the scene and released.

The driver of the truck, Leonard Odums, of Cutburt, Ga., was not injured.

The accident remains under investigation.

Accident with injuries reported in East Pembroke

By Howard B. Owens

A motor-vehicle accident with injuries is reported in the area of 2486 Main Road, East Pembroke.

East Pembroke fire and Mercy EMS dispatched.

UPDATE 11:53 p.m.: We've heard no updates on this accident. 

Victim of accident in Bethany succumbs to injuries

By Howard B. Owens

An 18-year-old Pembroke resident and student at GCC, has died as a result of injuries she sustained in an overnight accident in Bethany, the Sheriff's Office announced.

Alyson D. Krzanak, who listed her employment on her Facebook page as GCCA Child Care Center and JCPenney, was flown by Mercy Flight to ECMC following the early morning accident at Route 20 and Molasses Hill Road, and was initially listed in critical condition.

The Sheriff's Office release does not list a time of death.

Krzanak was one of six people in a 1997 Geo Prism that was northbound on Molasses Hill Road when it crossed Route 20 and was struck by an eastbound tractor-trailer.

The vehicle was reportedly driven by Hannah Dibble, 21, of Pembroke, who was transported by Mercy EMS to ECMC and treated and released.

Also injured were Brandon Danser, 21, of Batavia, who was taken by Mercy Flight to U of R Medical Center and is listed in guarded condition.

Jamie Scherer, 21, of Pembroke, was transported by Attica Ambulance to WCCH and then transferred to U of R by Mercy Flight, and he is in guarded condition.

Gabrielle Uzarowski, 21, of Pembroke, was treated at the scene and released. Felicia Fazzio, 20, of Darien, was transported by Mercy EMS to ECMC and is in stable condition.

The driver of the truck, Leonard Odums, of Cutburt, Ga., was not injured.

The accident remains under investigation. The Crash Management Team responded to the scene.

Assisting the Sheriff's Officer were State Police, Bethany, Alexander, Attica, and Pavilion volunteer fire departments along with the Genesee County Emergency Management Office.

Car crash on westbound Thruway, unknown injuries

By Billie Owens

A car is on its roof on the westbound Thruway at mile marker 400. It's in the median. Unknown injuries. Pembroke and Indian Falls fire and Mercy medics are responding.

UPDATE 7:03 a.m.: A fire chief on scene reports everyone is out of the vehicle. But there's a language barrier and so the issue of whether there are injuries remains unclear.

UPDATE 7:08 a.m.: A responder on scene reports the location is actually between mile markers 401 and 402.

UPDATE 7:32 a.m.: The location is mile marker 401.8. The assignment is back in service.

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