accident

A motorcyclist has reportedly been struck by a car at the intersection of Ellicott and Otis streets, Batavia.

City Fire and Mercy EMS are responding.

Batavia Fire Department is responding to a reported "transformer explosion" at 61 Walnut St. National Grid has been notified.

UPDATE 2:54 p.m.: The transformer is fine, says the fireman. They are leaving the scene. There are a couple of wires up high there that are dangling or loose. "Mighta been some squirrels," the fireman says, as a possible explanation.

A two-car accident, believed with injuries, has been reported on the Thruway in the area of westbound mile marker 382.

One person has been reportedly dragged from a vehicle and is lying on the ground.

One car is in a ditch.

Mercy Flight is being put on standby.

Le Roy Fire and Le Roy Ambulance are responding.

UPDATE 11:54 a.m.: An assistant chief reports one injury, with the patient complaining of neck and back pain.

UPDATE 11:56 a.m.: Mercy Flight cancelled.

A 79-year-old Batavia woman was taken by Mercy Flight to Strong Memorial Hospital following a semi-truck vs. car accident at Jackson and Ellicott streets this evening.

The car was apparently flipped over by an 18-wheeler and it landed on its roof, narrowly missing the gas pumps at the Red Apple Kwik Fill.

The driver of the truck, Slawomir Milczek, said he never even saw the car until after he stopped to check his brake lines and saw the vehicle on its roof at the gas station.

“I didn’t see any car," Misezek said.  "I just come here, and ‘oh, my God. The car is in the gas station. What happened?’ I don’t know."

Sgt. John Peck said the initial investigation indicates the driver of the car failed to yield the right-of-way as she turned onto Ellicott from Jackson.

The car, driven by Josephine Barone of Swan Street, was caught under the wheels of the trailer, thrown into a railroad-crossing sign and flipped over onto its roof near the gas pumps.

“I don’t know what her condidtion is, but I did speak to her briefly and she was conscious and alert," Peck said. "I’m sure a lot of it is precautionary, but I don’t know the extent of her injuries.”

Mercy Flight landed in the parking lot of the Salvation Army.

Misezek was emotional and animated as he described the accident to local media (pictured above).

“Then I hear very big noise. Boom." Misezek said. "I think, my air hose is broken. And then I was a stoppen on the railway, so I can’t stop, so I move a little bit forward, OK. And then I was stoppen there. I just went from the truck and ‘what’s going on?’ I didn’t see anything around me."

LISTEN (recommended): Slawomir Milczek describe the accident (mp3).

A motor vehicle accident in downtown Batavia prompted the landing just minutes ago of a Mercy Flight helicopter in the parking lot of the Salvation Army Store on Jackson Street (the old Star Market).

At the accident scene nearby, a car is reported to be on its roof, which required extrication of the occupant(S). Mercy EMS met the helicopter out of Buffalo at the gate of the Salvation Army.

No further details yet.

UPDATE 7:36 p.m.: The Life Flight helicopter is airborne, bound for Strong Memorial Hospital in Rochester.

A 57-year-old Darien Center man who fell down a flight of stairs in his home and struck his head on a hammer, died this morning at the Erie County Medical Center.

William Thomas was a retired carpet salesman and the father of five children.

The accident occurred around 7 p.m., Tuesday, and Thomas was taken by Mercy Flight to ECMC.

For the past 10-and-a-half years, Thomas was married to Marguerite. Together, they have 15 grandchildren.

"(Our time together was) way too short," Marguerite said this afternoon. "We were married right here on our property where we built our log home, right here in Darien Center. This was our dream."

She said Bill's accidental death hasn't really sunk in yet.

"He was a very healthy man," she said. "He loved me beyond belief and I knew that."

She said, "We were glued together."

Thomas served in the Navy in the 1960s, loved to ride his motorcycle and "had the best sense of humor of anybody you would ever want to meet."

There is no information available yet on funeral arrangements.

A car fire is reported at 8534 Seven Springs Road in the Town of Batavia. It is near the railroad tracks. Batavia Fire is responding.

It's going to be a struggle to get through the next month, says Robin Lewin. She, her husband and two teenage daughters are living in an RV parked in the driveway of 28 South Main St., Batavia.

The house they rented there was knocked off its foundation Monday afternoon when it was struck by a truck reportedly driven 19-year-old Louis M. Reeb, of Corfu.

Reeb has not been charged with any crimes yet, but Lewin said investigators have been asking her and her husband questions.

Reeb remains in Strong Memorial Hospital in satisfactory condition.

The pickup slammed into the west side of the two-unit house and demolished the steps leading to the second-floor entryway. Two-by-fours now prop up the west wall.  The east wall is bowed and the cinder-block chimney is cracked at the seams between two blocks.

The second-floor tenant, Luz Castro, was nearly struck by the truck as she waited outside for her daughter's school bus. We have no word on where Castro is staying now, but the Lewin family is preparing to move.

They are getting their belongings out of the portion of the house they are allowed to access (at least one room is locked off because of safety concerns) and moving them to storage.

"I don’t know what we’re going to do," Lewin said. "My youngest daughter’s got three more months to graduate and after that we were going to leave state."

This month, she said, they don't really have enough money for necessities. Her mother, Barbara Waterstraw, a Newark resident, was visiting Monday and in the house at the time of the accident. She has sent some money to help, but Lewin said it's still not enough.

Her husband David works in landscaping, but that business hasn't started for the season yet.

David and Robin have two daughters, Amanda, who has graduated high school, and Danielle, who attends Batavia High.

"We’ll be fine by next month and then we’ll have money for heat and food and stuff like that," Lewin said. "We’ll be fine. It’s just that this month we’ll be struggling with everything."

It was a twist of fate that Robin was even home the day of the accident. She had originally been scheduled for heart surgery in Rochester, which was why her mother was in town, but after further examination that morning, her doctor determined the surgery was unnecessary.

"I was thinking, what would happen if he did the surgery and the girls were in the house all by themselves?" Lewin said. "They were going to stay by themselves for one night. I thank God that he let me come home. I just thank God nothing happened to them."

A car accident is reported in the City of Batavia at Liberty and Ellicott streets. Law enforcement is told to approach from East Main Street because of fuel spillage.

Mercy Flight is being put on standby for a man who fell down a flight of stairs and hit his head on a hammer.

The man has been unconscious 7 to 8 minutes. He is breathing.

Darien Ambulance is being dispatched to Mammot Road.

UPDATE 7:07 p.m.: An assistant fire chief for Darien has requested Mercy Flight. Darien Fire is being dispatched to set up a landing zone.

UPDATE 7:09 p.m.: The landing zone is being set up at the Darien Fire Hall.

UPDATE 7:11 p.m.: Mercy Flight is responding from Buffalo. ETA, 5 minutes.

UPDATE 7:48 p.m.: Mercy Flight in the air, heading to ECMC.

"It sounded like a bomb going off," said Robin Lewin minutes after a truck being pursued at high speed by local law enforcement slammed in her home at 28 South Main St. in the City of Batavia.

"You should see that one wall. All of my family’s pictures came flying at us. We were at the desk. The whole house shook. It was like, what’s going on?"

Lewin and her mother, Barbara Watyrstrew, who was visiting, her teenage daughter, Danielle (Danielle was not at home at the time) had to immediately evacuate the house, which was knocked off its foundation, causing a gas leak.

The driver of the black Chevy 4x4 pickup truck, who has not yet been identified, was taken by Mercy Flight to Strong Memorial Hospital.

Investigator Kris Kautz of the Sheriff's Office said Deputy Ronald E. Meides spotted the truck allegedly speeding eastbound on Route 33 just west of Reed Road and attempted to initiate a traffic stop.

The truck wouldn't stop, and may even have speed up, with speeds hitting "triple digits," according to law enforcement officials.

The driver, identified by police after the chase (though his identity is not yet being released), had no known outstanding warrants, according to Det. Rich Schauf of the Batavia Police Department.

When it was apparent Deputy Meides was involved in a high-speed chase, more law enforcement joined in the persuit. Officer John Zola and Deputy Chris Parker managed to get spike strips down on Route 33 at Pearl Street Road moments before the truck arrived.

The strips, according to Parker and Zola, are designed to deflate car tires gradually so that hitting the spikes doesn't cause an immediate accident. By the time the truck hit the Oak Street Roundabout, its tires would have deflated to some extent.

Spikes were found in each of the truck's front tires, Parker and Zola said.

Said Kautz, “The operator refused to stop and the vehicle obviously came through here at too high of a speed to maintain control.”

Luz Castro was standing in front of 28 South Main -- she lives in the upper apartment -- waiting for her daughter's school bus when she saw a deputy and a police car whiz by heading westbound. Minutes later she saw the truck come flying through the roundabout, heading east, and as it came out of the curve at South Main, it was clear the truck was headed right for her. So she jumped out of the way just before the truck rammed the building right at the entrance to her apartment.

"It was just shock. Surreal. Crying. Just too much going on at once," Castro said.

Red Cross has been called in to assist Luz, Robin and Danielle. A city inspector is on scene determining how to safely remove the truck, which is may be the only thing holding up the house at this point.

"Life is a matter of seconds and inches and luckily her (Castro's) child wasn’t here getting off the bus at that moment," said Kautz.

UPDATE 8:13 p.m.: The driver of the truck has been identified as Louis M. Reeb, 19, of 40 E. Main St., Corfu. His injuries are described as non-life threatening. The house is owned by Charles Keif of Batavia. No charges have been filed, pending further investigation.

Batavia city police, fire and Mercy EMS have responded to a motor-vehicle accident at 28 South Main St. wherein a vehicle crashed into a house.

The driver is alert and talking but there are injuries. Mercy Flight has been notified and is on "hot standby" until further notice.

The city code representative is in route to the scene. National Fuel and National Grid have been called. The gas has been shut off. Traffic control police are on scene.

UPDATE (3:06 p.m.): This is apparently the result of a law-enforcement ground pursuit gone wrong. A woman at the scene said she was standing outside her house when she saw a Sheriff's Deputy's car chasing a black 4X4 pickup truck at high speed. The driver lost control of his pickup truck and it zoomed off the road and into her house, narrowly missing her, and killing her.

Mercy Flight is set to land at a nearby park's tennis court.

UPDATE (3:19 p.m.): Sheriff's Investigator Kristopher A. Kautz said the chase started on Route 33, west of Reed Road, in the Town of Batavia. The suspect's pickup was headed eastbound and the Sheriff's Deputy was westbound, when the law officer suspected the truck driver was speeding. The deputy turned around to pursue the suspect but he would not stop. Road spikes were put down somewhere west of the Roundabout. The suspect's pickup hit the spikes, flattening the tire(s) and lost control. That's when the vehicle jumped the roadway and careened into the woman's house, barely missing her. No other violations were pending or suspected concerning the suspect and his pickup.

UPDATE (3:28 p.m.): Deputies Chris Parker and John J. Zola, who weren't involved in the chase, said they laid down the spikes in the area of Route 33 and Pearl Street Road. Parker said they're purposely designed to let the air out of tires slowly, so no instant loss of control occurs. The suspect continued to drive well after hitting the spikes, and as he neared the Roundabout, he lost control. Each of his two front tires were pierced by spikes. Batavia Daily News reporter Matt Surtel was heading back to the newspaper office from Wyoming County when he got caught up in the roadway chase on Route 33.

UPDATE (3:56 p.m.): According to Batavia Police Det. Rich Schauf, the house was knocked off its foundation and, basically, the truck is holding up the house. Thus, they will leave it right where it is temporarily until the homeowner can make repairs shore up the foundation. The American Red Cross has been called to assist the occupant(s) with housing, etc. Schauf confirmed that the suspect has no known outstanding warrants.

This is a reader-submitted photo of the rollover accident in the Village of Elba last night. The driver was reportedly unhurt.  We've received no further official information on this accident at this time.

UPDATE: We received a copy of the accident report from the Sheriff's office later this evening.

The car was driven by Mark J. Schultz, 24, of 4658 Barryville Road, Elba. Deputy J. M. Graff reported the Schultz said he fell asleep. The car drifted off the roadway and struck a utility pole. No tickets were issued.

A car has struck a poll and rolled over on Main Street in Elba.

No word yet on possible injuries.

Elba Fire and Mercy EMS dispatched.

UPDTE 9:55 p.m.: One person out of the car with minor or no injuries.

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Pembroke  Indian Falls Fire and Mercy EMS are responding to a one-car accident on Akron Road.

The car is on its side in a ditch and the occupants' injuries, if any, are unknown at this time.

A 22-year-old Corfu woman reportedly lost control of her car while driving on Walden Avenue in Lancaster this morning. He car slid on snow-covered roads, crossed into oncoming traffic, and struck a snowplow.

Lindsay Burleson died as a result of her injuries.

The 7:45 a.m. accident occurred between Ransom and Town Line roads.

The driver of the snowplow was not identified.

(via the Buffalo News)

A car-into-pole accident with power lines down is reported on Randall Road, just west of Keeney Road, in Le Roy. Le Roy Fire Department is responding.

Its fire police have closed Buckley Road at Randall to through traffic. A Le Roy ambulance is responding. No word on occupants or injuries.

A vehicle has gone down an embankment off the Thruway near mile marker 400.5.

It's unknown if there are injuries, but the caller reports nobody moving in the car.

Pembroke and Indian Falls Fire as well as Mercy EMS are being dispatched.

If needed, Mercy Flight is grounded due to weather.

UPDATE 11:25 p.m.: No injuries. This was not a roll over. Mercy EMS canceled. The driver just needs a winch out.

If it's going to take an expert witness to help Ronald J. Wendt beat the 12 felony charges against him, it's going to take money.

His attorney, Thomas Burns, says Wendt is "tapped out."

Sitting in jail, unable to earn money, Wendt cannot afford the thousands it would cost to bring in an expert in field sobriety tests and breathalyzers to help challenge the charge that he was driving drunk Aug. 12 when he was involved in an accident that took the life of Dansville teenager Katie M. Stanley.

County Attorney John Rizzo filed papers this week opposing a motion by Burns for the county to pay for the expert.

"I understand Mr. Rizzo's concern regarding the taxpayers," said Burns today, "but this is fundamentally at the heart of our defense. It is very important to us."

Wendt appeared in court today -- dressed in Genesee County Jail orange and with his head shaved -- for a hearing on motions by Burns that arresting officer Deputy Tim Wescott did not have sufficient probable cause to charge Wendt and to suppress statements made by Wendt to Wescott.

County Court Judge Robert Noonan denied both motions and set a date for a week-long trial.

Jury selection will start July 12 at 9 a.m. 

Noonan set May 24 as the plea-offer cutoff.

District Attorney Lawrence Friedman said the offer he's made to Wendt is to reduce the aggravated vehicular homicide charge -- with a maximum penalty of 8 to 25 years in state prison -- to aggravated vehicular manslaughter. The reduced charge could still result in a more than two-year prison sentence, and up to seven years.

Burns said after the hearing that he expects the case to go to trial. The bottom end of the sentence on the first count of the indictment is one to three years, if Wendt were convicted by a jury.

Today, Westcott testified at length about the field sobriety test he conducted on Wendt following the late-night accident.

An expert witness would help Burns establish doubt as to whether the test conclusively proved that Wendt was driving drunk.

Wescott testified that he started with an eye-tracking test, which is designed to find possible nystagmus, which is an involuntary eye movement. Wescott testified that Wendt passed this test, saying that in order to determine that a driver has a BAC of at least .10, he will need to show four clues in the test and Wendt showed only two.

Friedman objected to Burns asking a series of questions about the eye-tracking test, but Noonan overruled the objection.

Wescott also testified that he had Wendt walk a straight line with the requirement that he take nine steps in each direction, heel-to-toe. Wescott said in his judgement, Wendt failed this test, missing four steps by an inch or less between his heel and toe going forward and raising his hands from his side on the return.

When it came to touching his nose, Wendt missed slightly on four of six tries.

On another test, where the suspect is asked to close his eyes, tilt his head back and try to estimate when 30 seconds had passed, Wendt said stop after 37 seconds. The standard deviation, according to Wescott, is five seconds.

More than an hour after the accident, Wendt submitted to a BAC test and reportedly tested at .08.

Wendt did allegedly make at least one incriminating statement early in the interview, Wescott testified. Wendt said, according to Wescott, "You might as well have me blow and take me to jail."

Noonan ruled that statement will be admissible at trial.

For previous coverage, click here.