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Pembroke Intermediate students celebrate Red Ribbon Week

By Howard B. Owens

Photos and information submitted by Aaron Brown.

Last week, the Pembroke Intermediate School celebrated Red Ribbon Week. Throughout the week, students and staff participated in Spirit Days, celebrating choosing a life that does not include drugs. The week concluded with a school-wide assembly and balloon launch.

Two-car accident at Route 77 and Akron Road

By Billie Owens

A two-car accident with injuries is reported at Route 77 and Akron Road, Indian Falls. Pembroke and Indian Falls fire departments are responding, along with Mercy medics. A female complains of neck, side and back pain.

UPDATE 12:54 p.m.: Firefighters are working to extricate a victim(s).

UPDATE 1:22 p.m.: The firefighters are back in service.

Law and Order: A handful of warrent arrests announced

By Howard B. Owens

Heather E. Schramm, 33, of 110 Bank St., Batavia, is charged with failure to pay fine imposed by court. Schramm is accused of not paying a fine related to a second-degree harassment charge. Batavia PD Officer James DeFreze observed Schramm walking near Save-A-Lot and took her into custody on a City Court warrant.

Alicia M. Lyons, 33, of 120 State St., lower, was arrested on a bench warrant. Lyons is accused of not appearing on an alleged theft of services charge. Lyons is accused of not paying for food at a local restaurant.

Donna M. Kroft, 60, of 120 State St., lower, was arrested on a bench warrant. Kroft is accused of not appearing on a alleged theft of services charge. Kroft is accused of not paying for food at a local restaurant.

Travis L. Bartz, 18, of 11 Trumbull Parkway, Batavia, was arrested on a bench warrant. Bartz is accused of failure to appear on a criminal mischief, 4th, charge. Bartz was located by Batavia PD Officer James DeFreze at Batavia HS and taken into custody. Bartz was jailed on $1,000 bail.

Nathan David Martina, 18, of Lisa Lane, East Amherst, and Christopher Mario Ossa, 18, of Harris Hill Road, Williamsville, are charged with unlawful possession of marijuana. Martina and Ossa were found at 9:47 p.m., Wednesday, in a parked vehicle on Batavia Stafford Townline Road allegedly in possession of marijuana.

Clarence W. Odell, 45, of Liberty Street, Batavia, is charged with criminal mischief, 4th. Odell was arrested on a warrant out of Town of Pembroke Court. Odell allegedly damaged the wall of an office building in the Town of Pembroke on July 17.

Power outage in Indian Falls

By Howard B. Owens

Nearly 40 National Grid customers are without power along Phelps Road, Indian Falls, after a power line was knocked down.

A fire chief who responded reports it appears that a semi-truck knocked the line down.

The area includes a trailer park that is without power.

National Grid estimates power will be restored by 11:45 a.m.

'Everybody was lucky' that nobody was seriously hurt when SUV slams into house on Akron Road

By Howard B. Owens

A season's worth of preserves along with 10 bushels of apples bought just today for canning were destroyed tonight at the Swendsen home on Akron Road, Pembroke, when a Mercury Mountaineer came roaring up the driveway of the farm and plowed through the family's dining room.

The son of Peter and Lynette Swendsen was just feet away frying up some eggs.

Lynette thanked God over and over as she talked  about the accident.

She was thankful that nobody was hurt or killed in the accident -- not her son who was minutes away from sitting at the dining room table turned into splinters by the SUV, not herself who was in the house on the phone with her mother-in-law, not her husband who was standing feet from the gravel driveway when the vehicle went rushing by, and not her younger son, who was helping bring in cows that were panicked by the loud boom of the car smashing into the house.

Even the driver, reported to be Jason M. Purdy, 34, of Tesnow Road, Alabama, suffered only minor injuries.

"I do all of my own canning and preserves," Lynette said. "We have six children, so I do all of that myself. All of our jelly was done for the year.

"It sounds crazy to be upset about it," she added, "but that kid hit that stove in our kitchen and it must weigh 1,500 pounds -- you just can't imagine  -- that alone could have killed him. It's just unbelievable he didn't die."

Everybody was lucky, said Sgt. John Szumigala, of the Sheriff's Office.

"There was nobody in the room that was completely demolished by the car," Szumigala said. "There were people close to it, but nobody in it. And nobody was in his path coming down the driveway, so everybody was very lucky."

Peter Swendsen said it looked like the SUV was doing 100 mph down his driveway.

Both Peter and Lynette described the car hitting the house as an explosion.

"It was like something you never heard in your life," Lynette said.

The vehicle came to rest on a tree stump in the back yard, with the front wheels off the ground.

"He was still trying to go," Peter said. "He still had his foot on the gas pedal."

Peter helped him get out of the Mountaineer and when the driver, according to Peter, tried to run, Peter said he "grabbed him by the shoulders and sat him to the ground."

When Lynette came out of the house, Peter was yelling at her to call 9-1-1.

"I still had the phone in my hand from my mother-in-law," Lynette said. "I was just frantic with the lady on the phone because I didn't know if anybody was hurt. I didn't even know what happened."

The red preserves splattered against the outside wall of the house gave some of the first responders quite a start when they arrived on the scene, but they soon realized it was just jelly.

Purdy was transported to ECMC by Mercy EMS with minor injuries.

He's believed to be the same person who was reported as a possibly intoxicated driver on Akron Road prior to the accident. When a patrol arrived, the vehicle couldn't be located. A short time later, a vehicle reportedly hit a road sign on Akron Road, and then minutes later, at 7:07 p.m., the call came into emergency dispatch for a car hitting a house at 721 Akron Road.

Purdy was not the owner of the SUV. About an hour after the accident, a young woman showed up at the scene in tears. She said it was her vehicle that hit the house.

The initial investigation indicates, Szumigala said, that Purdy had permission to drive the vehicle, but he did not necessarily have permission to have taken the vehicle for as long as he appears to have taken it. 

The Swendsen's home on their organic dairy farm is situated down a long driveway -- well more than 100 yards long -- off Akron Road at a T-intersection with Marble Road. Szumigala said it appears Purdy was heading north on Marble Road and just continued straight across Akron Road into the driveway.

Peter said Purdy kept asking if he was on Akron Road after he was out of the SUV.

The incident remains under investigation and Purdy has not yet been charged with any crimes.

Lynette said Purdy said he was sorry, before he was taken away by Mercy EMS, for hitting her house. She said she was just glad he wasn't seriously hurt.

Responding to the scene were volunteer firefighters from Pembroke, East Pembroke Corfu and Darien. The accident is being investigated by deputies Kevin McCarthy and Patrick Reeves and Sgt. Szumigala and Investigator Roger Stone.

Two car wrecks with injuries prompt response from Pembroke and Indian Falls fire departments

By Billie Owens

Two nearly simultaneous car accidents require the response of both the Pembroke and Indian Falls fire departments, along with Corfu and mutual aid from Darien.

At 7:07 p.m. a car-into-house accident, with injuries, was reported at 721 Akron Road. The side porch was "completely taken out and there is substantial damage to the vehicle," according to a responder.

This may connected to a just-prior accident at 878 Gabbey Road where a car reportedly went off the road and there are injuries. The pickup truck involved is said to have fled the scene.

A responder said he was nearly hit head on by the pickup truck believed to be the same one which left the Gabbey Road incident.

Darien Fire Department is requested to aid in shoring up the residence that was struck on Akron Road, wherein one person suffered a hand laceration.

7:35 p.m.: One person is being loaded into a Mercy rig for hospital transport. The natural gas fuel provider is called to the scene since the house that was struck had its gas on at the time of impact.

7:55 p.m.: One person was taken to ECMC. National Grid was also called to the scene.

Photos: Late afternoon in Pembroke and Indian Falls

By Howard B. Owens

Here's some shots from a late afternoon drive through East Pembroke, Indian Falls and Pembroke.

Above, on Stegman Road, Batavia.

Pratt Road

Little Indian Falls Road

Indian Falls Lake

Slusser Road

Driver trapped, but minor injuries in accident at Akron Road and Tesnow Road

By Howard B. Owens

A motor-vehicle accident with minor injuries has been reported at Akron Road and Tesnow Road, Pembroke.

A victim is trapped in a vehicle, however.

Pembroke fire and Indian Falls fire and Mercy EMS dispatched.

Akron's fire department put on standby in case personnel are needed to assist with extrication.

UPDATE: The patient is out of the vehicle. There is a gas leak.

Law and Order: The weekend's arrests

By Howard B. Owens

Melissa A. Williams, 43, of Le Roy, is charged with petit larceny. Williams is accused of shoplifting at Tops in Le Roy.

Jerry Lee Eleczko, 25, of Gilbert Street, Le Roy, is charged with DWI, driving with a BAC of .08 or greater, aggravated unlicensed operator, failure to keep right and driving without insurance. Eleczko was stopped at 1:15 a.m. Sunday on Route 77, Pembroke, by Deputy Patrick Reeves.

Karl Edward Vattes, 39, of Habgood Road, Black Creek, is charged with criminal possession of a controlled substance, 7th, and promoting prison contraband. Vattes was allegedly found in possession of suboxone while incarcerated at the Genesee County Jail.

Richard Blaine Nichols IV, 19, of Townline Road, North Tonawanda, is charged with petit larceny and trespass. Nichols is accused of stealing scrap metal from Batavia Driving Academy property.

Donald Eugene Campbell, 55, of Church Street, Dansville, is charged with petit larceny. Campbell is accused of stealing $24.98 in merchandise from Kmart.

Patrick John Coffey, 48, of Beck Road, Attica, is charged with DWI, driving with a BAC of .08 or greater, driving left of pavement markings in no passing zone, uninspected motor vehicle and insufficient tail lights. Coffey was stopped at 1:38 a.m. Saturday on Chick Road, Darien, by Deputy Jason Saile.

Justin Virgil Easterbrook, 31, of Gray Road, Albion, is charged with DWI, driving with a BAC of .08 or greater and failure to keep right. Easterbrook was stopped at 4:23 a.m. Saturday on Fisher Road, Oakfield, by Deputy Joseph Corona.

Douglas G. Goodwin Jr., 22, of 130 Bank St., Batavia, is charged with reckless endangerment, 2nd. Goodwin is accused of pushing a woman out of a moving vehicle during an argument over property. The woman suffered an injury.

Patricia A. Dulmage, 19, of 20 1/2 Dellinger Ave., Batavia, is charged with petit larceny. Dulmage is accused of shoplifting at Dollar Tree.

Gerald E. Nicholson, 46, of 128 1/2 State St., Batavia, is charged with criminal obstruction of breathing/blood circulation. Nicholson was arrested following an alleged domestic incident. He was jailed on $5,000 bail or $10,000 bond.

Joseph G. Sumeriski, 21, of Warsaw, and Justin M. Johnson, 23, no permenant address, are charged with petit larceny. Sumeriski and Johnson were arrested by State Police for an alleged crime reported at 7:07 p.m. Aug. 22 in the Town of Pavilion. No further details released.

Law and Order: Motorcyclist involved in accident charged with DWI

By Howard B. Owens

Thomas Richard Ellis, 46, of Kings Lane, Rochester, is charged with DWI, failure to keep right, speed not reasonable and prudent, unapproved/no face shield on motorcycle and driving without corrective lenses. Ellis was charged following a motorcycle accident at 8:06 p.m., Friday, in the area of 4491 Old Ford Road, Elba. (initial report)

Ronald Jason Scroger, 33, of Swan Street, Batavia, is charged with two counts petit larceny and criminal mischief, 4th. On Friday, Scroger allegedly went to Walmart and removed merchandise from its packaging, damaging the item's package. He then allegedly left the store with $170.82 in stolen merchandise. He then allegedly returned with a stolen item and exchanged it for a gift card with a value of $34.97.

Kelly James Rhim, 35, of Eller Street, Batavia, is charged with unlawful possession of marijuana, driving with a BAC of .08 or greater and DWI. Rhim was stopped at 2:15 a.m., Saturday, on West Main Street Road, Batavia, by Deputy Joseph Corona.

Jeffrey Scott Vandusen, 24, of Chapel Avenue, Cheektowaga, is charged with resisting arrest. Vandusen is accused of fleeing from law enforcement during an attempted traffic stop at 8:05 p.m., Sept. 18, on Phelps Road, Pembroke, for alleged traffic violations.

Kory James Towne, 23, of Phelps Road, Corfu, is charged with resisting arrest, speeding and failure to yield. Towne is accused of fleeing from law enforcement during an attempted traffic stop at 8:05 p.m., Sept. 18, on Phelps Road, Pembroke, for alleged traffic violations.

Samuel J. Singletary, 50, of Alphonse Street, Rochester, was arrested on warrants for alleged aggravated unlicensed operation and speeding. Singletary was arrested upon his arrest from the Monroe County Jail on unrelated matters and arraigned in Town of Elba Court. Bail was set at $500.

Kevin Albert Roberts, 22, of Perry Road, North Java, is charged with petit larceny and conspiracy, 6th. Roberts is accused of conspiring with another person to shoplift at Walmart.

Mathew Lee Klein, 19, of Dodgeson Road, Alexander, is charged with trespass. Klein was allegedly seen atop the roof of the bus garage at Alexander Central School at 1:48 a.m., Sept. 21.

Jerell J.T. Jones, 25, and Nathaniel R. Davis, 18, both of 20 N. Spruce St., Batavia, are each charged with two counts of petit larceny. Jones and Davis are accused of shoplifting from YNGodess on two separate occasions. Jones and Davis were jailed on $1,000 bail each.

The following individuals were cited for alleged possession/consumption of alcohol under age 21 following a Batavia PD investigation into a complaint of a loud party at 25 Trumbull Parkway at 12:23 a.m., Friday: Eric J. Soto, 19, Ian J. Legares, 18, Emmanuel Garcia, 20, Jessie C. D'Paula, 20, Stephanie E. Griffin, 20, Carlton RV Lampe, 18, Michael A. Archer, 19, Leofal Soto, 19, Jared R. Wansart, 19, Troy R. Pakusch, 19, Jah-Neel A. Warner, 17, Adam T. Pratt, 19, Lasania S. Hyatt, 19, Jared J. Midwick, 18, Carrie M. Curry, 19, Randy O. Mutt, 19, Andrea F. Parravano, 19, Shanique Y. Headley, 18, Ashley R. Makowski, 18.

Dennis A. Edson, 49, of 17 Porter Ave., Batavia, is charged with trespass. Edson is accused of entering a neighbor's property without permission.

Dajuandrick C. Gardner, 36, of 22 East Ave., Batavia, is charged with criminal possession of a controlled substance, 7th. Gardner was allegedly found in possession of a crack pipe.

Andrew DeMara Hewitt, 29, of North Street, Churchville, was arrested on a warrant related to a petit larceny charge. Hewitt allegedly did not appear on a petit larceny charged in Town of Byron Court. He was jailed on $150 bail.

Jeremy L. Jones, 20, of Hammonsport, is charged with unlawful possession of marijuana. Jones was arrested by State Police in the Town of Pavilion. No further details released.

Shed fire on Route 5 by South Lake Road, Pembroke

By Billie Owens

A shed fire (which has also been referred to as a barn) is reported 653 Main Road in Pembroke near South Lake Road. Pembroke command on scene says "there are exposure issues," to a nearby structure. Route 5 and South Lake Road are being shut down. Called to provide mutual aid are: Darien, Corfu, East Pembroke, Indian Falls, Alabama, and Akron.

UPDATE 5:07 p.m.: The fire is knocked down. No exposures involved. They are doing rehab on the shed. Responders still headed to the scene are told to come in non-emergency.

UPDATE 6:13 p.m.: The road is reopened. All responders are back in service.

UPDATE (by Howard): Photos added. No official cause, but it's possibly an electrical fire according to preliminary indications. A van and an ATV were destroyed along with tools.

Funeral services set for local businessman killed in accident Sunday

By Howard B. Owens

Funeral services have been set for Kevin Doktor, a local businessman killed in a heavy machinery accident Sunday at his home in Corfu.

Doktor owned Doktor's Welding on Route 5 in Corfu and enjoyed auto racing and making his own inventions.

Friends are invited to a time of sharing and memories from 4 to 7 p.m., Friday, at J. Leonard McAndrew Funeral Home, 2 Bogue Ave., Batavia.

The funeral service is at 10 a.m., Saturday, at Pembroke Community Church, 692 Main Road, Corfu.

(Full Obitutary)

 

 

 

Man pinned by bulldozer on Boyce Road, Pembroke

By Billie Owens

A man is reported to be stuck -- "not sure if he's inside or under" -- a bulldozer or some other type of machinery on Boyce Road. Mercy medics are responding along with East Pembroke Fire Department and mutual aid from Alexander. Mercy Flight is on ground standby in Batavia.

UPDATE 4:28 p.m.: "Patient is still trapped underneath a skidster," says a responder from Corfu Fire Deparment, adding that the patient is way back behind the house.

UPDATE 4:29 p.m.: The path back there is problematic because it's likely trucks would get stuck if they tried to drive on it.

UPDATE 4:31 p.m.: They need manpower to go back to the accident site with hand tools. They are to stage at their trucks for now. An investigator is called to the scene.

UPDATE 4:34 p.m.: Mercy Flight is cancelled.

UPDATE 4:35 p.m.: A rep for Case tractor / farm equipment is sought so responders can get information on how to work the machine's hydraulics.

UPDATE 4:41 p.m.: A man is at the scene who is either a rep for Case or who is knowlegable about the machinery in question, but he is told the State Police investigators must complete their work before he go back there.

UPDATE 5:09 p.m.: This is a fatal accident.

Turnovers key to Lancers' victory over Pembroke

By Howard B. Owens

Coming into the second half Saturday in Elba, it seemed like anybody's game.

Turnovers helped stymie both offensives in the first two quarters of the Elba/Byron-Bergen vs. Pembroke matchup and the Lancers held a slender 7-0 lead.

Mike Cintorino, head coach for Elba/BB, said his team made some adjustments at the half and came out ready to play.

That play included two key interceptions by Austin Yockel. On one, Yockel returned the ball to the red zone, setting up a core and in the other he went the distance himself for six.

The Lancers were dominant in the second half in a way they weren't last week in a 23-6 loss to Alexander.

"It's a home opener," Cintorino said. "Just like Alexander was fired up last week to open up at home, I think our guys were excited to open up at home. We've always opened up better at home. I think we've never opened up on the road and won a game, at least since I've been here."

Turnovers are what doomed the Dragons, Head Coach Justin Loeber conceded.

Twice in the first half, Pembroke snagged the ball from the Lancers only to give it right back, and turnovers in the second half were directly related to Elba/BB scores.

"We played a good, young football team," Loeber said. "They hit hard. They're physical. We made too many mistakes on the defensive side and too many turnovers on offensive. Too big plays on defense, other than that, it's a 13-7 ball game."

Lancers QB Garrett Chapell was 6-12 for 172 yards and three TDs. He had one interception and one fumble. Kyle Dougherty caught four passes for 135 yards and two TDs (including the first quarter score in the top picture). Yockel had two catches for 37 yards and a TD. Brandon Naylor rushed for 76 yards on 16 carries with one touchdown. Steele Truax had 13 tackles and two forced fumbles. Dougherty had 13 tackles. Andy Underhill had 11 tackles and one forced fumble. Hunter Tayler had six tackles and two sacks. Mike Shanley had three tackles, an interception and a fumble recovery.

On offensive for Pembroke, Tyler Bruning was nine for 17 for 79 yards and one TD. He threw three interceptions. Dakota Swimline carried the ball 16 times for 28 yards. Zack Kelsey had one 14-yard TD reception.

One of Yockel's two second-half interceptions.

To purchase prints of photos, click here.

Accident reported at Route 5 and Route 77, Pembroke

By Howard B. Owens

A two-car accident with possible minor injuries is reported at Route 77 and Route 5, Pembroke.

Pembroke and Indian Falls fire departments responding along with Mercy EMS.

UPDATE 8:29 a.m.: The accident is not blocking and there may be no injuries.

UPDATE 8:30 a.m.: There is at least one person with injuries being treated.

Pembroke Town Park is site of semi-pro football fund-raising match on Saturday

By Billie Owens

Press release:

The Lyndonville Tigers semi-pro football team will be hosting the Troy Fighting Irish at the Pembroke Town Park this Saturday (Sept. 14) at 4 p.m. The event will be kicked off by Jenn Suhr, two time Olympic medal winner and current Gold Medalist in women's pole vault, who will being performing the opening coin flip as well as a photo and autograph session following.

The team will also be providing a professional fireworks display following the football contest around 8 p.m. that is estimated to be 20 minutes in length.

Tickets are $5 at the gate. Kids under 12 free.

The Tigers look to cap off their 10th anniversary season with a win and an Northeastern Football Alliance championship over the Troy Fighting Irish who are looking to win their fourth straight championship. Both teams are 9-2 on the season and have won their respective divisional titles. It should be an exciting game and experience for all involved.

During the event the Pembroke Youth Association will be running concessions to help raise money for the local youth sports teams in the area. Spectators from around the area are encouraged to come and enjoy the activities as well as tailgate before and after the game. There will be no place better to be on this Saturday afternoon.

Contacts:

https://www.facebook.com/lyndonvilletigers

https://twitter.com/LYNTigers

http://www.nfaleague.com/

Details:

2013 NFA League Championship
Troy's Fighting Irish @ Lyndonville Tigers

Location:
Pembroke Town Park
8799 Alleghany Road
Corfu, NY 14036

Times:
Kickoff - 4 p.m.
Fireworks - Dusk

Meet and greet with Jenn Suhr during game.
Half time Tigers hall of fame induction ceremony.
PYA fundraising concession and food service booth during entire event.

Photo: The beginning of the sewer line project in Pembroke

By Howard B. Owens

Right now, it's just a big ditch, but eventually it will hold a sewer pipeline that pumps effluent from Pembroke to the the Corfu sewer treatment plant. The $1.7 million project provides for upgrades to the plant, providing Pembroke, the school district and the area's business parks created by the Genesee County Economic Development Center with needed wastewater service. The project is partially funded by Department of Environmental Conservation grants, GCEDC grants and ratepayers. Construction started yesterday.

Complaint: young man riding four-wheeler without helmet, shirt, shoes

By Billie Owens

A caller complains to dispatch that a young male about 20 years old is riding a brown four-wheeler up and down the middle of Tesnow Road and he is not wearing a helmet, a shirt, nor shoes. A Sheriff's deputy is responding. Tesnow Road straddles Alabama and Pembroke.

Archeological study on proposed veterans cemetery site needs to hurry along, Schumer says

By Howard B. Owens

Press release:

U.S. Senator Charles E. Schumer today urged the New York State Office of Parks, Recreation and Historic Preservation to expeditiously complete the cultural resource study that must be performed on a potential veteran cemetery site, before the U.S. Department of Veterans Affairs (VA) can choose to establish and construct a national veterans’ cemetery in Western New York.

The VA was in the process of performing due diligence on a proposed site on Indian Falls Road when they discovered the need to do a more in-depth archeological study, to be overseen and reviewed by the State Historic Preservation Office (SHPO), in order to finalize the selection. The cultural resource survey is the third phase of the archeological process, and concludes whether land contains historical artifacts and if so, how they must be addressed.

Once the study has been reviewed and a determination made by SHPO, the VA will have the information needed to proceed to their final site decision. Schumer noted that with a lack of a national veterans’ cemetery within a 75-mile radius, and hundreds of thousands of veterans living in the region, the time is long past to establish a national veterans’ cemetery in Western New York.

“It is time that hundreds of thousands of deserving veterans from Buffalo to Rochester and beyond are afforded a site for proper military burial near their home in Western New York. The delay has gone on too long, but the end is in sight: I am focused on breaking through this hurdle in order to get to a final site decision,” Schumer said. “The State Historical Preservation Office should swiftly complete the review of this archeological study so that a decision can be made posthaste, and so that our dedicated veterans can have a final resting place worthy of their service. Western New York veterans have a proud tradition of military service, and I’m going to keep pushing the VA to move full speed ahead and offer my support to knock down any barriers that may stand in the way of establishing this cemetery.”

For the past three years, the VA has been unsuccessful in reaching an agreement with property owners in order to purchase land for establishment of a National Veterans Cemetery. After the SHPO’s review and determination, the VA will be able to move forward with the selection of one of the final three candidate locations.

The cultural resources study includes taking subsurface samples of the land, and thus can only be performed between harvest and planting of crops; which is the reason the study has been so far delayed. The potential site in question is a 132-acre farm located at Route 77 and Indian Falls Road in Pembroke. The VA is also considering two other sites in the area.

Schumer has long argued that it is critical for the veterans’ cemetery location to be decided on and for acquisition to begin immediately. Half of New York Veterans are 65 years of age or older, and now is the time to start planning for the future of those veterans, and ensuring that they are treated with the honor they deserve. Schumer has heard from local veterans groups that veterans in Western New York desprately want to be buried in a national shrine, but don’t want to force their families to travel long distances to visit, potentially at great hardship to do so.

Today, there are more than 22 million veterans who are eligible for the honor of burial in a National Cemetery. Veterans with discharges other than dishonorable, their spouses and dependent children may be eligible for burial in a VA national cemetery. Those who die on active duty may also be buried in a national cemetery.

Senator Schumer has joined with Western New York vets for years in calling for the VA to locate the first federal veterans’ cemetery in the region. Around 2009-2010, the VA updated its burial policy, which changed the threshold of veterans required to construct a new national cemetery to 80,000 veterans within 75 miles of a proposed site. With this new policy, the region was more than qualified, there are nearly 100,000 veterans in Orleans, Niagara, Erie and Chautauqua counties alone, approximately 200,000 veterans in the Rochester region, and additional veterans who live more than 75 miles from the nearest available National Cemetery in Bath, NY. Schumer has fought to keep the VA moving forward in finding a site for this cemetery ever since, and has pushed the process through a variety of roadblocks.

In particular, throughout the process, Schumer has urged the VA to be more transparent about its selection timeline and site preferences. As a result of the Senator’s efforts, the VA has released information about the process to the local community, and after a personal meeting in Schumer’s D.C. office in 2012, committed to an expedited timeline.  Schumer vowed to continue his efforts to speed up the selection process and is now urging the State Historic Preservation Office to expedite its archeological study so that the VA can finally close on a property.

State's highest court reviewing murder conviction of Scott Doll

By Howard B. Owens

The murder conviction of Scott Doll, and whether he should have been read his Miranda warnings prior to questioning, will be reviewed by New York's highest court, according to an AP story on the Wall Street Journal's Web site.

The Court of Appeals heard arguments on Tuesday and could issue a ruling within a month.

Doll was convicted in a jury trial May 20, 2010 of murdering Joseph Benaquist, a friend, fellow former corrections officer, and a business partner.

On a cold winter night, Feb. 16, 2009, Doll was spotted by Deputy James Diehl, walking on Lake Road, Pembroke, wearing blood-soaked coveralls and carrying a tire iron.

Initially, Doll reportedly said the blood came from a butchered deer. Investigators were skeptical and questioned him for several hours.

At trial, defense attorney Paul Cambria tried to get Doll's statements thrown out because Doll had not been read his rights. The prosecution countered -- and Judge Robert C. Noonan upheld -- that under rules known as the "emergency doctrine," law enforcement can question a person without reading that person his rights.

The fear, according to the prosecution, was that a person was badly injured and in need of immediate medical attention.

The defense has maintained that without any actual evidence that a person was in fact hurt the emergency doctrine does not apply.

Some of the statements used against Doll where made to a friend who came to the Sheriff's Office on Park Road to talk with him while he was being held there. An investigator was in the room, taking notes during the conversation.

Even if the court rules in favor of Doll, the court would not necessarily order a new trial, but that could be a possible outcome if jurists find that Doll should have been read his rights prior to questioning, or at some point earlier in the investigation.

At trial, evidence against Doll included his blood-splattered overalls, titles and receipts for cars he and Benaquist bought and sold, and his proximity to the murder scene. At the start of the trial, Cambria raised the possibility that one of Doll's sons did the deed, but Doll's son had an alibis for the time of the murder. The prosecution's case largely rested on "if not Scott Doll, then who?"

Doll was sentenced to 15 years to life in prison. 

He subsequently beat a jail contraband charge in a trial in City Court over some white powder found in a balloon on his body after his conviction. The powder turned out to be aspirin.

At the time of his arrest in 2009, he was already an announced candidate for mayor in the Village of Corfu. He lost the election to incumbent Todd Skeet.

For our prior Scott Doll coverage, click here.

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