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Fall Festival to debut in Corfu and Pembroke

By Billie Owens

A fun family Harvest Festival in the country will debut from 10 a.m. to 5 p.m. on Saturday, Oct. 11, at the Kozy Kabin at 922 Genesee Street (Route 33) in Corfu.

Hosting are the property owners, Charles and Lenora Kohorst, who started the business three years ago. They build custom cabins and sheds of all sizes, with delivery, and custom-made polywood outdoor furniture, plus a colorful array of mums for the Fall season.

Why the festival?

"We have seen businesses in Corfu and Pembroke diminish these past few years, unfortunately, and have lost some great businesses -- The Market, IGA, Burling Drug, and more," Lenora said. "We see the need to come together as businesses and promote what the Corfu and Pembroke area has to offer the public. iI's a great place to live and visit (Darien Lakes)."

The scarecrow is the fest's theme.

Corfu and Pembroke area businesses are invited to participate in a scarecrow display that allows them to show off what they offer. They can dress it in any way that best shows the attendees their business with all their business information (addresses, contact info, specialties, etc.) also displayed alongside the scarecrow. Scarecrows will be displayed along the roadside (Route 33), craft vendors will have them at their booths, and they will be along the hayride that will go around the property.

There will be a bounce house, food vendors, craft vendors, kettle corn, hayrides, alpacas from Alpaca Delights, homemade desserts for sale, mums, pumpkins for sale. Browse Kozy Kabin, listen to live music, "needle in a haystack" game, face painting, balloon man.

There will also be a cabin raffle. First prize is a 10' x 20' cabin with a porch, or choice of $3,000 cash. Second, third and fourth prizes are a polywood folding Adirondack chair in the color of the winner's choice. Tickets are $5 or three for $10. Rain or shine. There will be tents.

For more information contact Lenora Kohorst at 409-7424.

Law and Order: Oakfield resident accused of growing marijuana

By Howard B. Owens

Daniel C. Frey, 50, of Oakfield, is charged with unlawful growing of cannabis and criminal possession of marijuana, 4th. Frey was arrested by State Police at 12:57 p.m. Friday on Klossen Road, Alabama. No further details released.

Jason A. Perry-Murray, 20, of Jackson Street, Batavia, was arrested on warrant for an unpaid parking ticket.

Juan A. Roman, 36, of Portland Avenue, Rochester, is charged with criminal contempt. Roman is accused of violating a stay away order of protection.

Caitlin A. Hayes, 26, of Dellinger Avenue, Batavia, was arrested on a warrant for failure to appear on a parking ticket. Hayes was arrested following police contact on an unrelated incident.

Elliot R. Sandoval, 38, of Spencer Court, Batavia, is charged with harassment, 2nd. Sandoval is accused of kicking another person in the back while that person was walking down a flight of stairs.

Joseph J. Kostanciak, 24, of unspecified address, is charged with petit larceny. Kostanciak is accused of shoplifting at Walmart.

Sanders A. Kelsey, 27, of Batavia, and Michelle L. Franks, 33, of Batavia, are charged with petit larceny. Kelsey and Franks are accused of shoplifting at Walmart.

Carol A. Bartucca, 55, of Stafford, is charged with DWI and driving with a BAC of .08 or greater. Bartucca was stopped at 10:16 p.m. Saturday on Horseshoe Lake Road by a trooper.

Jeremy D. Eck, 27, of Hornell, is charged with DWI, driving while impaired by drugs and unlawful possession of marijuana. Eck was stopped by State Police at 10:27 p.m. Sunday on Route 20 and Browns Mill Road, Alexander.

Lawrence E. Rutkowski, 50, of Orchard Park, is charged with DWI and driving with a BAC of .08 or greater. Rutkowski was stopped at 12:11 a.m. Monday on Route 20, Alexander, by State Police.

Brett F. Dieter, 36, of Basom, is charged with criminal obstruction of breathing. Dieter was arrested following an investigation of an alleged incident at 8:10 p.m. Sept. 1 on Lewiston Road, Alabama.

Michael R. Sigl, 21, of Batavia, is charged with petit larceny and possession of a hypodermic instrument. Sigl was arrested by State Police following an incident report at 3:32 p.m. Sunday. No further details released. 

Tyler E. Deleys, 20, of Corfu, is charged with criminal mischief, 4th, petit larceny and possession of a hypodermic instrument. Deleys was arrested on Hartshorn Road, Pembroke, by State Police following a report of an incident at 3:32 p.m. Sunday. No further details released.

Steven R. Ryan, 36, of unspecified address, is charged with DWI and refusal to take breath test. Ryan was stopped by State Police at 10:10 p.m. Sunday on Route 77, Pembroke.

Lindsey N. Burdick, 32, of Pavilion, is charged with DWI and driving with a BAC of .08 or greater. Burdick was stopped by State Police at 11:29 p.m. Sunday on Route 20, Alexander.

Todd L. Frocione, 50, of Syracuse, is charged with DWI and driving with a BAC of .08 or greater. Frocione was stopped by State Police at 11:51 p.m. Sunday on Route 20, Alexander.

Missing chocolate lab in Indian Falls area

By Howard B. Owens

Deb Hill's chocolate lab Maggie has been missing since yesterday.

Deb said Maggie may have been scared of yesterday morning's weather and tried to follow her husband to work.

In the Indian Falls, Route 77, Phelps Road area.

She has a silver chin.

UPDATE: A reader has helped reunite Deb and Maggie.

Fatal pedestrian accident at Flying J in Pembroke

By Howard B. Owens

Photos and information from Alecia Kaus/Video News Service.

A woman from out of the area died today after being struck by a box truck pulling in for diesel gas at the Flying J off Route 77 in Pembroke.

The woman had apparently just left the restaurant at the travel plaza and was heading back to her truck when she was hit.

She was traveling with her husband, who was not injured.

The box truck is from Aberstar Freight.

The driver apparently did not see the woman.

She was pronounced dead at the scene by a county coroner. 

Pembroke and Indian Falls fire departments were dispatched at about 12:15 p.m. with a report of a woman struck by a vehicle who was unconscious. Mercy Flight was put on ground standby, but never dispatched. Dispatchers were told that Mercy Flight wouldn't be needed, once a chief arrived on scene.

UPDATE: The deceased is identified as Carolyn V. Baltzell, 61, of Hot Springs, Ark. The driver is identified as Serge Guindon, 56, of Dorval, Quebec, who was driving a 2012 Peterbuilt box truck. The investigation is on going, but not charges are pending at this time. The investigation is being handled by Deputy Joseph Corona, Deputy Dana Richardson, Sgt. James Meier and Investigator William Ferrando.

Pedestrian struck, unconscious in Flying J parking lot

By Billie Owens

A pedestrian is down and unconscious in the parking lot of the Flying J Travel Center after being struck and injured by a vehicle. Mercy Flight is on standby. Pembroke and Indian Falls fire departments are responding.

UPDATE 12:21 p.m.: Mercy Flight will not be needed.

Van rollover, unknown injuries, on eastbound Thruway

By Billie Owens

A van rolled over into the median of the eastbound Thruway at mile marker 399.7. Unknown injuries. Pembroke and Indian Falls fire departments and Mercy medics are responding.

UPDATE 4:21 p.m.: A person on scene reports two people are trapped inside the vehicle.

UPDATE 4:24 p.m.: One person is unconscious. Mercy Flight is put on ground standby.

UPDATE 4:30 p.m.: Mercy Flight 5 out of Batavia is going to the scene. East Pembroke fire is called in to provide mutual aid.

UPDATE 4:39 p.m.: One helicopter has landed. Mercy Flight 9 out of Buffalo is also responding to the scene. One of the two victims is a 30-year-old male with "multiple trauma."

UPDATE 5:27 p.m.: The NYS Thruway Authority has denied The Batavian's request for access to the scene. Anyone with pictures of the scene is requested to e-mail the jpeg images to howard@thebatavian.com

UPDATE 5:43 p.m.: According to Alecia Kaus of the Video News Service, State Police have confirmed that one person died at the scene and another was transported with serious injuries via Mercy Flight to ECMC.

UPDATE: State Police photo. The driver is identified as Jacqueline J. Hayes of Plover, Wis., who was declared dead at the scene. Passenger Richard R. Hayes was flown to Erie County Medical Center by Mercy Flight. He is listed in critical condition.

Football Preview: Pembroke working hard to get ready for 2014 campaign

By Howard B. Owens

Pembroke Head Coach Dick Dimincuco has been working hard all pre-season to get the Dragons ready to take the field in 2014 and what he sees two days before opening kickoff against Elba is a team that's still a work in progress.

But the emphasis is on the word "work."

"We have nice group of kids who work hard and come every day and try to get it done," Dimincuco said. "Obviously, that's a strength. We need to get a little better at what we do on the field, and they're going to do that because they work hard and listen."

The Dragons are coming off a 2-6 season and the program hasn't had a winning record since 2010 (5-3).

The team will rally around QB Mitch Lewter, a senior in the role of offensive field manager for the first time. He won't be without weapons. Senior Dakota Swimline returns to wide out and running back and senior Cal Neurohr will share backfield time as well as play linebacker.

The offensive and defensive lines will be anchored by 6-foot, 225-pound junior Jack Thomas.

"He's a big tackle and good football player," Dimincuco said. 

Three Syracuse men accused of stealing from two Genesee County businesses

By Howard B. Owens
William Kelly Robert Kelly Michael Correia

Three men from Syracuse have been charged with third-degree burglary in Genesee County for allegedly breaking into a pair of local businesses.

The trio are also suspected of burglaries and thefts in Erie and Livingston counties.

They were picked up following a traffic stop in Wayne County last week and deputies spotted what they thought might be stolen material in the vehicle.

Upon questioning by investigators in Wayne County, the men admitted, according to Chief Deputy Jerome Brewster, to heists in Genesee County.

Investigator Kris Kautz took a trip to Wayne County and questioned the men and gathered the evidence, working with Deputy Brad Mazur, to file local charges.

Charged are brothers William H. Kelly III, 44, and Robert P. Kelly, 43, and Michael J. Correia, 58.

Additional charges may be pending.

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, some time 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.

They are being held without bail.

Photos provided by the Wayne County Sheriff's Office.

Truck hits guard rail on Thruway in Pembroke

By Howard B. Owens

A tractor-trailer has reportedly hit the guard rail on the westbound lane of the Thruway in the area of mile marker 403.1.

Smoke is coming from the truck.

Unknown injuries.

Pembroke and Indian Falls fire departments dispatched.

Two drivers in East Pembroke ATV crash facing DWI charges

By Howard B. Owens

The two drivers reportedly involved in an ATV crash Sunday night have both been arrested and charged with driving while intoxicated.

Charles R. Chatley, 26, of 2392 Kilian Road, Corfu, was also charged with unlawful operation of an ATV on a public highway.

Stephen R. Smelski, 35, of West Main Street, Batavia, is also charged with unlawful operation of an ATV on a public highway and leaving the scene of a personal injury accident.

Witnesses say Smelski was the most seriously injured of the four people involved in the accident and he's the one victim still hospitalized, though he's listed in good condition at ECMC.

An East Pembroke Fire Department 1st assistant chief and Genesee County emergency dispatcher, Smelski was reportedly taken by private vehicle to UMMC following the accident and later transported to ECMC.

The accident was reported at 11:09 p.m. Sunday in the area of 2069 E. Main St., East Pembroke.

Also injured were passengers Kristina Rumble, 26, and Brenda Smelski, 37.

Brenda Smelski was treated and released at ECMC, as was Chatley.  Rumble, who was transported to ECMC by Mercy Flight, was released from the hospital two days ago.

Chatley is a 2nd assistant chief with East Pembroke.

The accident occurred the same date as the annual East Pembroke Mud Races, hosted by the fire department, but the accident was hours after the event ended and at least a mile from the mud pits. 

The accident was investigated by deputies Jason Saile and James Diehl and Sgt. Eric Seppala.

Sheriff's Office releases names in Sunday night's ATV accident in Pembroke

By Billie Owens

The Genesee County Sheriff’s Office has released the names of those involved in an ATV crash that sent four to the hospital late Sunday night.

Just after 11 p.m. Sunday, two ATVs – each carrying a passenger -- collided on Route 5 in the Town of Pembroke. Deputies say the two ATVs were riding eastbound, side-by-side, near Cleveland Road when the collision occurred, ejecting all four riders.

The driver of the first ATV, 26-year-old Charles Chatley, of Kilian Road, Pembroke, allegedly crashed into the second ATV, causing his vehicle to flip. He is the second assistant chief of the East Pembroke Fire Department.

His passenger, 26-year-old Kristina Rumble, was taken to ECMC by Mercy Flight. 

The driver of the second ATV was 35-year-old Stephen Smelski, who is East Pembroke fire's first assistant chief and a dispatcher for Genesee County Emergency Dispatch Center. Contrary to other reports, he was NOT transported by Mercy Flight.

Stephen Smelski's passenger, 37-year-old Brenda Smelski, and Chatley were taken to ECMC by ambulance.

The Sheriff’s Office says charges are pending.

CORRECTION: The story changed to correct passenger names.

Law and Order: Le Roy man accused of string of abuse against former live-in girlfriend

By Howard B. Owens
Philip Adams

Philip L. Adams, 34, of 6580 Randall Road, Le Roy, is charged with stalking, 1st, criminal possession of a weapon, 3rd, assault, 2nd, aggravated family offense and assault, 3rd. Adams was arrested following an investigation into complaints by a former live-in girlfriend that between December 2013 and May 2014 that Adams abused her. Adams allegedly pushed her onto hard pavement causing an injury (bruising on her arm), struck her in the face with a detachable shower head causing injury (bruising around her eye), sprayed her with a flammable liquid and threatened to light her on fire, and threatened to stick a lit cigarette in her eye. Adams was jailed on $10,000 bail.

Jennifer A. Wilsey, 34, of Canastota, is charged with criminal impersonation, aggravated unlicensed operation, 3rd, and uninspected motor vehicle. Wilsey is accused of providing troopers with a wrong name and date of birth during a traffic stop on Route 77, Pembroke. Wilsey reportedly believed there may have been a warrant for her arrest. She was jailed on $2,500 bail.

Daniel E. Gorrow, 19, of Gilbert Street, Le Roy, is charged with unlawful possession of marijuana. Gorrow was charged following a traffic stop by Le Roy PD.

Taylor D. Saulsbury, 19, of Lake Street, Le Roy, and Henri E. Wilcox, 29, of North Main Street, Warsaw, are charged with unlawful possession of marijuana. Saulsbury and Wilcox were charged following a traffic stop by Le Roy PD.

James Michael Gallo, 24, of Coshway Place, Tonawanda, is charged with DWI and driving with a BAC of .08 or greater. Gallo was arrested by Deputy Joseph Corona following an investigation into an altercation reported at 12:16 a.m. Sunday at 9993 Alleghany Road, Darien.

Steven Richard Lebo, 31, of Quincy Alley, Kearny, N.J., is charged with DWI, driving with a BAC of .08 or greater, aggravated unlicensed operation, 3rd, and moving from lane unsafely. Lebo was arrested by Deputy Joseph Corona following a report at 9:48 p.m. Saturday of a vehicle that left the roadway at 9993 Alleghany Road, Darien.

Nancy Alice Shruefer, 52, of Clover Place, Cheektowaga, is charged with DWI and driving with a BAC of .08 or greater. Shruefer was found in a disabled vehicle on Route 77 near Darien Lake at 1:10 a.m. Sunday by Deputy Andrew Hale.

Melissa Grace Betances, 33, of Clinton Street, Batavia, is charged with a violation of probation. Betances was jailed on $15,000 bail.

Caitlin A. Hanley, 25, of East Main Street, Batavia, is charged with endangering the welfare of a child. Hanley is accused of being involved in a domestic incident on Aug. 9.

Ronald Baltasar Gonzalez, 29, of Spencer Court, Batavia, is charged with criminal possession of a weapon, 4th. Following an investigation into firearms that were turned into Batavia PD, Gonzalez was charged with illegal possession of firearms.

Randy Gene Leach II, 28, of Torrey Road, Stafford, is charged with failure to pay fine. Leach was arrested on a warrant. He posted $250 bail and was released.

Laura C. Mazenga, 21, of Malling Drive, Rochester, is charged with trespass, petit larceny, resisting arrest and criminal possession of stolen property, 5th. Mazenga was allegedly seen rummaging through a vehicle on Woodrow Road at 2:26 a.m. Friday. When police approached, she allegedly fled and resisted arrest. She allegedly possessed property stolen from the vehicle.

Diner in Village of Corfu moving to new location near Pembroke High School

By Howard B. Owens

Linda's Diner in the Village of Corfu is moving.

The Genesee County Planning Board approved a proposal submitted by Pembroke resident Linda Richley to convert a single-family residence at 8783 Allegheny Road into a restaurant.

The location is just south of Pembroke High School.

The new Linda's Diner will be build inside a 1,176-square-foot, ranch-style home built in 1959.

Richley said this morning that it was her son and daughter who encouraged her to move.

The location is strategically located near the busy intersection of routes 5 and 77, close to Yancey's Fancy cheese shop and Pembroke HS, Richley said.

Her daughter would like to eventually add ice cream to the menu and her son already operates a BBQ catering business, so the location would give him a place to set up and cook pulled pork and ribs when he isn't at a client's location.

"It's more their idea than mine," Richley said, but she is looking forward to the family owning its own location after renting for all these years.

The plans approved by the planning board call for 25 parking spaces on the lot.

Richley purchased the 1.1-acre parcel from the Town of Pembroke, which acquired it when they bought lland for the town park.

Five people hurt in westbound Thruway crash

By Billie Owens

An accident with five injured people is reported on the westbound Thruway at mile marker 399.9.

Pembroke and Indian Fall fire departments and Mercy medics are responding.

UPDATE 7:01 p.m.: Traffic is backed up as a result of the accident. At least four of the occupants are said to be probable sign-offs.

UPDATE 7:22 p.m.: One child is being transported to Women and Children's Hospital in Buffalo. The other medics are back in service.

Law and Order: Woman accused of possessing 8,000 untaxed cigarettes

By Howard B. Owens

Joan Marie Paro, 48, of Humphrey Road, Fultonville, is charged with attempting to evade or defeat tax. Paro is accused of possessing more than 8,000 untaxed cigarettes (40 cartons), which is more than the 400 untaxed cigarettes adults are allowed to possess under NYS law. Paro was stopped at 12:39 p.m. Sunday on Route 77, Pembroke, by Deputy Chris Parker.

Shaneeka R. Wroten, 21, of Washington Avenue, Batavia, is charged with harassment ,2nd. Wroten turned herself in on an arrest warrant out of City Court.

James E. Wroten, 47, of Olyn Avenue, Batavia, is charged with harassment, 2nd. Wroten was allegedly involved in a domestic incident at 11:25 p.m. Monday. Wroten was jailed on $10,000 bail.

Mercy Flight called for an accident on the Thruway involving a motorcycle

By Howard B. Owens

Mercy Flight is being dispatched to a landing zone the Indian Falls Methodist Church on Route 77, Pembroke, for accident on the Thruway.

The accident involves a motorcycle, though the driver was last reported as conscious. 

Indian Falls Fire and Pembroke Fire dispatched to the accident scene, along with Mercy EMS. Corfu Fire requested to the landing zone.

UPDATE 12:03 p.m.: Mercy Flight has landed.

UPDATE 12:30 p.m.: Mercy Flight is airborne, "possibly to ECMC." The assignment is back in service.

UPDATE: Photo and update info by Alecia Kaus / Video News Service. Chief Ed Mileham said the rider was headed east on the Thruway with a group of other riders when the accident occurred. He landed in the median. Mileham said his helmet saved his life. There was a big softball-sized dent in it. He was transported to ECMC with apparent serious injuries.

Drug Task Force announces pair of arrests

By Howard B. Owens
Jacob Patterson David Truesdale

Two alleged drug dealers who are suspected of selling heroin and crack cocaine in the City of Batavia have been arrested by the Local Drug Task Force.

Jacob W. Patterson, 18, of Killian Road, Pembroke, and David C. Truesdale Jr. (aka "True"), 24, of Sylvester Street, Rochester, were arrested as the result of separate investigations.

Both Patterson and Truesdale are charged with criminal sale of a controlled substance, 3rd, and criminal possession of a controlled substance, 3rd.

Patterson allegedly sold quantities of heroin to an undercover agent while in Batavia and Truesdale is accused of selling crack cocaine to an agent.

Patterson was arrested on a warrant July 16 at his residence. He was jailed on $10,000 bail.

Truesdale was already in custody on unrelated charges. He was arraigned on the new charges and ordered held without bail.

Law and Order: Youth accused of threatening another person with a knife

By Howard B. Owens

Tyshon L. Taylor, 17, of Central Avenue, Batavia, is charged with criminal possession of a weapon with intent to use, menacing, 2nd, petit larceny and robbery, 3rd. Taylor was arrested following an investigation into an unrelated incident. Taylor allegedly possessed a large knife and threatened another person with physical harm. In an unrelated investigation, Taylor is accused of using force to steal a mobile phone and headphones from another person. Taylor was jailed on no bail.

Edward Ryan Loper, 26, of State Street, is charged with strangulation, 2nd, and robbery, 3rd. Loper was arrested on a warrant for an alleged incident May 23 at a location on West Main Road, Batavia. At the time of his arrest, Loper was allegedly found in possession of a needle and a controlled substance. He was charged with criminal possession of a controlled substance, 7th, and possession of a hypodermic instrument. Loper was jailed on $5,000 bail.

Terrence Devon West, 36, of Lorimer Street, Rochester, is charged with felony DWI, felony driving with a BAC of .08 or greater and aggravated unlicensed operation. West was stopped at 1:40 a.m. Thursday on Townline Road, Bergen, by Deputy Joseph Corona. West allegedly has three prior DWI convictions in the previous 10 years.

Veronica Eckerson, 57, of Akron, is charged with petit larceny. Eckerson is accused of stealing $400 from the safe of her employer, a business in Alabama, after quitting her job.

Richard Fredrick Boswell, 33, of Sumner Road, Darien, is charged with petit larceny. Boswell is accused of stealing merchandise from Walmart valued at $874.84.

Peter Charles Himan, 29, of Berkley Street, Williamsville, is charged with driving while ability impaired and possession/consumption of alcohol in a motor vehicle. Himan was located in a stopped vehicle on Route 63, Oakfield, at 12:34 a.m. Sunday by Deputy Patrick Reeves.

Justin Thomas Hemmer, 34, of South Main Street, Elba, is charged with criminal contempt, 1st. Hemmer is accused of violating a court order protecting another person by shoving that person during an argument.

Andrew Loren Mark Falker, 20, of Indian Falls Road, Pembroke, is charged with DWI, driving with a BAC of .08 or greater and improper turn (no signal). Falker was stopped at 2:53 a.m. Saturday on Main Road, Pembroke, by Deputy Jason Saile.

Ann Marie Capuano, 29, of West Main Street, Batavia, is charged with unlawful possession of marijuana. Capuano was charged after Officer Peter Flanagan allegedly observed a glass pipe with partially smoked marijuana in her car.

Grant W. Whitney, 34, of Route 20A, Perry, is charged with unregistered motor vehicle. Whitney was arrested on a warrant out of City Court. He posted bail and was released.

Stephen J. Holdaway, 62, of Corfu, is charged with felony DWI and felony driving with a BAC of .08 or greater. Holdaway was stopped by State Police at 1:01 p.m. May 19 in the Town of Batavia.

Mysterious gas smell reported in East Pembroke area

By Howard B. Owens

There have been reports of some mysterious cloud of gas -- or a gas smell -- in the East Pembroke area, according to the dispatch center, but no origin for the smell has been found.

East Pembroke Fire Department was dispatched to locate the source and is back in service.

"They've exhausted all leads," according to a dispather.

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