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Photos: Chamber honors local businesses and community leaders at annual dinner

By Howard B. Owens

It was a celebratory evening at the Quality Inn and Suites on Saturday as the Chamber of Commerce honored local businesses and individuals who have made outstanding contributions to the community. 

For more on each award winner, click on the story links below:

Dan Fischer, emcee.

Jay Gsell, emcee, with the "Genesee Is Great Already" (GIGA) hat that he introduced at the event and gave to each honoree.

Tom Turnbull, president of the Chamber of Commerce.

Bob Stocking and Penny Arnold.

Larry Webster and Mike Davis representing Upstate Niagara Cooperative.

The Harrower family, Genesee Lumber.

Jim McMullen and Sue Schuler representing the Rotary Club of Batavia.

Videos, produced by Paul Figlow, were used to introduce each award winner.

Bob Stocking's hat.

Law and Order: Irving Parkway man accused of unlawfully tapping into Oakfield village water line

By Billie Owens

Brian Carl Falk, 36, of 12 Irving Parkway, Oakfield, is charged with second-degree criminal tampering. On Feb. 26, the Genesee County Sheriff's Office was contacted by the Village of Oakfield Department of Public Works for the report of a larceny. It was alleged that a resident in the village unlawfully made a connection with the main water line to his residence after being advised that the connection was terminated. Following an investigation, it is alleged that Falk, without having any right to do so, nor any reasonable ground to believe he had such right, made a connection with the Village of Oakfield's water line. He was issued an appearance ticket and is due in Town of Oakfield Court at 6 p.m. on Monday, March 4, to answer the charge. The case was investigated by Genesee County Sheriff's Deputy Ryan DeLong.

Ronald G. Besemer-McLean, 37, of Portland Parkway, Rochester, was arrested on Saturday, March 2, by the Le Roy Police Department and charged with: one count of aggravated unlicensed operation of a motor vehicle in the first degree, a Class E felony; one count of tampering with physical evidence, a Class E felony; and one count of resisting arrest, a class A misdemeanor. On Saturday at approximately 8:12 a.m. the on-duty patrol was requested to respond to the area of Route 19 and the onramp to the Thruway entrance for the report of a subject passed out at the wheel of a vehicle in that area. Upon arrival, the officer found Besemer-McLean asleep in the driver’s seat. During the investigation, it is alleged that he drove there after leaving an unknown location in Greece. Besemer-McLean has a revoked NYS driver’s license. When attempting execute the arrest, Besemer-McLean allegely failed to comply with the officer’s orders and a struggle ensued. Besemer-McLean allegedly took an item that was evidence pertaining to the investigation, placed it in his mouth and swallowed it. A portion of the investigation was conducted by members of the Genesee County Sheriff’s Officer and NYS Police also assisted. Additional charges are pending. After arraignment in Le Roy Town Court, Besemer-McLean was jailed in lieu of $15,000 bail. He is to return to the Le Roy Town Court on March 5 to answer to the charges. The report says: "The Le Roy Police Department would like to say a special thank you to the citizens that took the time to stop and assist the officer."

Philip Joseph Severino, 42, of Pratt Road, Pembroke, is charged with second-degree assault and endangering the welfare of a child less than 17 years old. Severino was arrested March 1 after an investigation into a domestic incident involving an assault victim and two children that occurred at 4:30 p.m. on Feb. 20 on Pratt Road in Pembroke. After his arraignment in Town of Batavia Court, the defendant was jailed in lieu of $2,000 cash or $4,000 bond. He is due Town of Pembroke Court on March 12. The case was handled by Genesee County Sheriff's Deputy Michael Lute, assisted by Deputy Mathew Clor.

Lawrence John Isaac, 66, of Brant Reservation Road, Irving, is charged with second-degree harassment -- physical contact. Following an incident that occurred on Bloomingdale Road on the Tonawanda Indian Reservation on Feb. 16, Isaac was arrested on Feb. 28. It is alleged that he shoved a person while at the Community Center. He was arraigned in Town of Alabama Court and is due to return there on March 7. The case was handled by Genesee County Sheriff's Deputy Jeremy McClellan.

Eric J. Bratcher, 30, of Fargo Road, Stafford, was arrested on March 1, by the Le Roy Police Department and charged with one count of endangering the welfare of a child, a Class A misdemeanor, and one count of harassment in the second degree, a violation. The Le Roy Police Department investigated a complaint alleging that Bratcher made threats to harm another individual, at the time the incident occurred Bratcher was holding an 18-month-old child. After a brief investigation, Bratcher was located and taken into custody without incident. Bratcher was arraigned in the Le Roy Town and released under supervision of Genesee Justice. He is to return to the Le Roy Town Court on March 14 to answer to the charges.

Jessica R. Sylvester, 26, of Myrtle Street, Le Roy, was arrested on Feb. 28 by the Le Roy Police Department and charged with three counts of criminal contempt in the second degree, a Class A misdemeanor. The Le Roy Police Department investigated a complaint alleging that on three occasions Sylvester violated a court order restricting her contact with the victim. Sylvester was arraigned in the Le Roy Town Court and released under supervision of Genesee Justice. She is to return to the Le Roy Town Court on March 14 to answer to the charges.

Derrick E. Pickard, 59, of Genesee Street, Le Roy, was arrested on March 1 by the Le Roy Police Department and charged with: one count of driving while impaired by drugs, a misdemeanor; one count of consumption of alcohol in a motor vehicle, a violation; and one count of failure to keep right, a violation. On March 1 at about 11:24 a.m. the Le Roy Police Department was notified by an off-duty patrol that they had almost been struck head on and had the operator of the vehicle detained. It is alleged that Pickard failed to maintain his lane while operating his motor vehicle, almost causing an accident. Following a brief investigation, it was determined that Pickard was allegedly operating the motor vehicle under the influence of drugs. He was taken into custody without incident. He was issued several tickets and turned over to a family member. Pickard is to appear in the Le Roy Town Court on March 14 to answer the charges.

Jason Jonathan Forte, 47, of Trelawne Drive, Irondequiot, is charged with: driving while intoxicated with a BAC of .08 percent or more; DWI; and failure to yield the right of way when entering the roadway. Forte was arrested following the investigation of a motor-vehicle accident which occurred at 7:48 p.m. on Feb. 28 on West Main Street Road in Batavia. The case was handled by Genesee County Sheriff's Deputy James Stack, assisted by Deputy Mathew Clor.

Elizabeth Mary Johnson, 39, of Batavia, no address noted, is charged with: driving while intoxicated with a BAC of .08 percent or more and drinking alcohol in a motor vehicle on a highway. Johnson was arrested at 1:24 a.m. on March 2 on Indian Falls Road in Pembroke after she was allegedly found by law enforcement while she was asleep in a motor vehicle with its engine still running. Johnson is due in Town of Pembroke Court on March 21 to answer the charges. The case was handled by Genesee County Sheriff's Deputy Austin Heberlein.

BREAKING: Upstate Niagara Cooperative to buy Alpina plant in Batavia ag park

By Billie Owens

An executive with Upstate Niagara Cooperative Inc. announced that it has signed a purchase agreement to buy the Alpina Foods plant in Batavia.

Larry Webster, chief executive officer of Upstate Niagara, broke the news at tonight's Genesee County Chamber of Commerce awards ceremony at Quality Inn & Suites in Batavia.

The Alpina plant is located in the Genesee Valley Agri-business park at 5140 Ag Park Drive West. The plant operated by the yogurt maker closed in January.

UPDATE 10:20 p.m. (by Howard): After tonight's Chamber awards, Webster said Upstate's immediate plans for the former Alpina plant aren't settled but that acquiring an ultramodern dairy-processing facility in a strong milk shed where Upstate has been looking to expand was too good of an opportunity to pass up.

"The way I termed it, it's the farm next door," Webster said. "When it came up for sale we were looking to expand and so it just kind all worked out well."

The plant represents a $60 million investment by Alpina, a Colombia-based company that attempted to crack the U.S. greek-yogurt market by opening the plant in the Genesee Valley Ag-Business Park five years ago. Webster said Upstate will pay somewhere in the neighborhood of the $20 million to $25 million asking price on the plant but said he wasn't ready to disclose the purchase price.

"We just knew that it was an opportunity to pick up a production-ready plant in our area and so we did," Webster said. "We're not 100-percent sure exactly what we're going to do there yet."

The plant will be filled, Webster said and he expects that the plant is ready to employ 40 to 60 people, and more if the plant expands. Part of what attracted Upstate to the property is that while the plant sits on a 10-acre parcel, there is a 10-acre parcel next to it that is vacant but is included with the purchase.

"That makes room for expansion, which we were interested in," Webster said. "It's in the right place at the right time and ready to go. We've got some customers that we think could fit in there quite well and we could utilize it fairly quickly."

Frequently, Upstate operates on a co-packing basis with clients who need a production facility for their dairy-product brands. Webster indicated he expects that's how the former Alpina plant will be used.

The purchase offer was signed Thursday and is contingent on a due-diligence process but Webster didn't expect any issues to arise before the acquisition is final.

The project will likely also be eligible for an incentive package from the Genesee County Economic Development Center, which also provided more than $700,000 to Alpina to build and expand the plant, according to a source who was at Saturday's dinner. The scope and nature of the incentive package has not yet been settled on. 

When Massachusetts-based HP Hood bought the former Muller Quaker plant, which is also in the ag park, it also negotiated an updated tax-abatement package with GCEDC.

Webster said he doesn't expect Upstate will follow the example of Dairy Farmers of America, which purchased the former Muller Quaker plant across the street and flipped it to HP Hood a year later without ever producing any product at the plant.

"That's not in our plans at all," Webster said. "We bought it for our use and our history is just that. We've been operating plants for quite awhile and didn't buy it because we thought it was cheap and we could turn around and resell it or anything like that. We felt we paid a fair price for it but it's for our use."

Law and Order: Man arrested on bench warrant, Rochester man accused of driving on suspended license

By Billie Owens

Michael L. Jackson, 38, no address provided, was charged at 10:45 a.m. on Dec. 3 with aggravated unlicensed operation of a motor vehicle in the second degree and unlicensed operation of a motor vehicle. He was arrested at or near the JCPenney store in Batavia City Centre, arraigned in Batavia City Court and released on his own recognizance. He was to appear in city court at 9 a.m. on Jan. 10 to answer the charge. Then at 7:30 p.m. on Dec. 18, he was arrested at the Sav-A-Lot grocery store on Ellicott Street in Batavia and charged with petit larceny. He was also to appear in city court at 9 a.m. on Jan. 10 to answer the second charge. When he failed to appear at the appointed time in city court to answer the charges, an arrest warrant(s) was issued for him. He was subsequently arrested on the warrant(s) by the Genesee County Sheriff's Office and turned over to Batavia police. After his arraignment at 4:47 p.m. on Feb. 25, he was jailed in lieu of an unspecified amount of bail and is due in city court Thursday (Feb. 28). The case was handled by Batavia Police Officer Stephen Cronmiller, assisted by Officer Felicia DeGroot.

Othello Garwo, 19, of Halford Street, Rochester, is charged with: operating a motor vehicle while registration suspended; unlawful possession of marijuana; unlicensed operator; and driver's view obstructed. At 2:26 a.m. on Feb. 26, Sheriff's deputies conducted a traffic stop on Clinton Street Road in Stafford (Route 33) and Garwo was arrested on the charges. He was issued an appearance ticket and is due in Stafford Town Court on March 28. The case was handled by Genesee County Sheriff's Deputy Erik Andre, assisted by Deputy Andrew Mullen.

Robbery at Speedway, suspect in custody

By Howard B. Owens
       Daryl Leach

A robbery at the Speedway at Oak and Main in Batavia was reported at about 9:55 p.m., Tuesday.

Det. Eric Hill said Daryl Leach, 37, of State Street, Batavia, has been identified as the suspect and taken into custody.

Leach, who is currently on parole, made off with an undisclosed amount of cash.

The suspect was found at a location on Swamp Road and taken into custody with the assistance of NYS Parole and the Sheriff's Office.

It's believed Leach acted alone.

Nobody was hurt in the robbery.

In October 2003, Leach was sent to prison by a judge in Livingston County on a 12- to 15-year sentence on convictions for grand larceny, 4th, attempted robbery, 1st, attempted assault, 1st, and robbery, 3rd. He was released from prison in July with parole lasting into 2023. He also had an attempted robbery conviction in 1999.

Law and Order: Man accused of bringing cocaine into jail, driving while impaired by drugs

By Billie Owens

Brian Andrew Simpson II, 38, no permanent address, is charged with: promoting prison contraband in the first degree, which is a felony; criminal possession of a controlled substance in the seventh degree; criminal use of drug paraphernalia in the second degree; driving while ability impaired by drugs; unlawful possession of marijuana; and a window tint violation. At 11:04 a.m. on Feb. 12, Simpson was stopped on Ellicott Street in the City of Batavia following the alleged observation of a vehicle and traffic violation. After an investigation, the defendant was allegedly found to be driving while impaired by drugs. After Simpson's arrest, he was processed at the Genesee County Jail and allegedly found to possess drug paraphernalia and a white powdery substance identified as cocaine. Simpson was arraigned in Town of Batavia Court and jailed without bail. In the same incident, his passenger was charged with unlawful possession of marijuana: Walter S. Bennett, 29, no address noted, of Rochester, was issued an appearance ticket for City of Batavia Court. The case was investigated by Deputy Ryan DeLong, assisted by Deputy Lonnie Nati, and other members of the Genesee County Sheriff's Office, including Corrections officers.

Paul G. Avery, 41, of Indian Falls Road, Pembroke, is charged with: driving while intoxicated; aggravated DWI wwith a BAC of .18 percent or more; throwing trash on a highway; driving left of pavement marking; and failure to keep right on a highway with four lanes or more. Avery was arrested at 9:21 p.m. Feb. 23 on West Main Street Road in Batavia following a traffic stop. Avery is due in Batavia Town Court on March 21. The case was handled by Genesee County Sheriff's Deputy Mathew Clor, assisted by Dpeuty Lewis Henning.

Nathan S. Bowes, of Buffalo Street Road, Alexander, is charged with: driving while intoxicated; DWI with a BAC of .08 percent or more; and moving from lane unsafely. He was arrested at 6:41 p.m. on Feb. 23 following the investigation of a motor-vehicle accident in the Town of Alexander. He was released on an appearance ticket and is due in Alexander Town Court on March 19. The case was handled by Genesee County Sheriff's Deputy Mathew Clor, assisted by Deputy Travis DeMuth.

Joseph Dimitri Rivera, 36, of Cole Avenue, Gates, is charged with unlawful possession of marijuana. Rivera was arrested on the charge at 4:30 p.m. Feb. 24 on Lake Avenue in Bergen following a traffic stop. He is due in Bergen Town Court on March 13. The case was handled by Genesee County Sheriff's Deputy James Stack.

Kelly Anne Vanbortle, 32, of Parkwood Lane, Hilton, is charged with unlawful possession of marijuana. It is alleged that she possessed a quantity of marijuana and a glass smoking pipe with burnt marijuana residue following a traffic stop at 5:14 p.m. Feb. 23 on Clinton Street Road, Bergen. She was issued an appearance ticket and is due in Bergen Town Court on March 13. The case was handled by Genesee County Sheriff's Deputy Jeremy McClellan.

Law and Order: Linwood Avenue man charged with aggravated unlicensed operation of a vehicle

By Billie Owens

Phillip P. Heale, 40, of Linwood Avenue, Batavia, is charged with aggravated unlicensed operation in the second degree and inadequate or no stop lamps. Heale was arrested at 3:54 p.m. on Feb. 17 on Cedar Street in Batavia after he was allegedly observed driving a vehicle and he has a suspended driver's license. Additionally, he was ticketed regarding the stop lamps. He was arraigned in Batavia City Court and is due to return there at a later date. The  case was handled by Batavia Police Officer Stephen Quider.

Michael E. Weichman, 24, of Pratt Road, Batavia, is charged with petit larceny and criminal possession of a hypodermic instrument. Weichman was arrested at 12:30 p.m. on Feb. 23 at Tops Market in Batavia after he allegedly attempted to leave the store with a cart full of items which he did not pay for. He was also allegedly found in possession of a hypodermic instrument at the time of his arrest. He is due in Batavia City Court on Tuesday, Feb. 26. The case was handled by Batavia Police Officer Mitchell Cowen.

Brittany L. Bolton, 18, of Cedar Street, Batavia, is charged with petit larceny. She was charged after a complaint of a larceny of a gold chain from a vehicle. The defendant turned herself in at Batavia Police Department headquarters and was processed. She was issued an appearance ticket for Batavia City Court and is due there Tuesday, Feb. 26. The case was handled by Batavia Police Officer Darryle Streeter.

Dangerous winds, flash freeze in tonight's forecast

By Billie Owens
From the National Weather Service in Buffalo:
 
Dangerous winds and flash freeze are forecast for late this afternoon and evening in Genesee County.
 
Very strong and damaging winds will continue late this afternoon and early this evening from the Lake Erie shore northeastward across the Niagara Frontier and Genesee Valley, including the Buffalo and Rochester areas. Peak wind gusts will reach 75 mph at times. 

Winds of this magnitude will result in extensive damage to trees and power lines, widespread power outages, and property damage to roofs and siding.
 
Buildings which are under construction and older deteriorating buildings may experience significant damage or even collapse. 

This is a particularly dangerous situation!
 
If you must travel be prepared for extensive damage and downed power lines. Always assume power lines are live. Falling trees and power lines will create a very dangerous environment to be outside in, including in vehicles. Seek shelter in a substantial building until the strongest of the winds begin to subside. 

In addition to the very strong winds, temperatures will also fall below freezing as we progress through the late afternoon and early evening hours. This will result in the rapid freezing up of water on untreated roadways, leading to areas of ice that could make travel hazardous, particularly on bridges and overpasses.
 
If you must travel, be sure to slow down and exercise caution.

National Grid Outage Map: 1,018 customers in Genesee County without power

By Billie Owens

According to the National Grid Outage Map, which they update every 15 minutes, there are currently 1,018 Genesee County customers without power. They are still assessing damages.

A total of 26,948 customers are served here by the utility company.

To view the interactive map, click here.

UPDATE 4:03 p.m.: Checked the map and nothing has changed since we first posted it at 3:24 p.m.

UPDATE 5:16 p.m.: There's been an uptick in the number of Genesee County customers without power. National Grid reports 1,066 customers without power, up from 1,018 almost two hours ago.

Weather-related calls starting at 2:30 p.m.

By Billie Owens

Unknown wires are down in the roadway at Colby Road and Genesee Street. Corfu Fire Department is responding.

******

A tree is down on wires, which are smoking, at 2679 Galloway Road, Batavia. East Pembroke Fire Department is responding. National Grid has been informed.

*****

UPDATE 2:38 p.m.: A broken tree branch is pulling wires from a house at 3104 Dodgeson Road, Alexander. Lines are in the roadway. The location is between Beaver and Seward roads. Alexander Fire Department is called.

UPDATE 2:42 p.m.: City of Batavia Fire Department is called for a tree and wires down at 66 Franklin St. between Davis Avenue and the dead end.

UPDATE 2:56 p.m.: A tree and wires are down, completely blocking the roadway, at 7116 Tripp Road, Byron. Byron and South Byron fire departments are called. National Grid crews are no longer on scene (after responding earlier when seven poles toppled into a field).

UPDATE 2:58 p.m.: A tree and wires are down at 2623 Brown Road, Corfu. The location is between Wilkinson Road and Ridge Road. East Pembroke Fire Department is responding.

UPDATE 3:02 p.m.: A tree and wires are down at 3650 Batavia Oakfield Townline Road. Town of Batavia Fire Department is called to respond.

UPDATE 3:07 p.m.: A fire alarm is sounding at city Public Works Department, 147 Walnut St. A power failure has occurred and the "supervisory alarm" has been tripped. City Fire Department is responding.

UPDATE 3:15 p.m.: A tree is down in the roadway at 2879 Batavia Oakfield Townline Road. Town of Batavia Fire Department is called.

UPDATE 3:52 p.m.:  A tractor-trailer has tipped over on Bank Street Road at Cockram Road. Byron and South Byron fire departments are called to respond along with Mercy medics.

UPDATE 3:53 p.m.: A tree is down and wires are on fire at 10498 W. Bethany Road. Alexander Fire Department is responding.

UPDATE 3:57 p.m.: A tree and primary wires and secondary wires are down at 3073 Pearl Street Road, Batavia. East Pembroke Fire Department is called. The location is between Upton and Wortendyke roads.

UPDATE 4:08 p.m.: Wires are down on a house and arcing at 8885 Keeney Road in Le Roy. The home is being evacuated. Le Roy Fire Department is responding. The location is between West Main Street and Quinlan Road.

UPDATE 4:11 p.m.: A celler pump detail is requested at a house at 7509 Mechanic St. in Byron. The power is out there. Byron and South Byron fire departments are called.

UPDATE 4:53 p.m.: Power lines are down in the road and in water on Powers Road, Batavia. East Pembroke Fire Department is called.

UPDATE 4:58 p.m.: Town of Batavia Fire Department is called to 3658 Batavia Elba Townline Road for wires down in the roadway.

UPDATE 5:56 p.m.: A tree and wires are down at 8151 Kelsey Road, Batavia. East Pembroke is called to respond.

UPDATE 5:58 p.m.: A tree is down across the front steps of a residence at 7041 N. Pearl Street Road, Oakfield. Oakfield Fire Department is responding.

UPDATE 6:07 p.m.: East Pembroke command requests mutual aid from Town of Batavia fire to shut down traffic at Kelsey and Galloway roads because of multiple trees and wires down in the roadway.

Crash victims in overnight Le Roy accident were from out of the area, IDs pending

By Billie Owens

Photo and information from Alecia Kaus, of Video News Service.

The three male occupants who crashed into a house on Clay Street in Le Roy in the wee hours this morning were from out of the area, authorities say, but their identities have not yet been released.

The front-seat passsenger died at the scene at 77 Clay St., and the driver and back-seat passenger were transported to Strong Memorial Hospital in Rochester, although Le Roy Police Chief Chris Hayward said he's not sure which one of them was taken by Mercy Flight and which by ambulance.

"It's very early in the investigation," Hayward said.

The Crash Management Team arrived shortly after 6 a.m. and code enforcement was there at that time determining whether the house with an upstairs and downstairs apartment was habitable. The downstairs unit was unoccupied. The upstairs tenant was not injured.

The victims who were transported both had severe injuries.

"They were extensive," Hayward said. "I don't really want to specify."

The car -- and Haywood said they could not tell if it was a sedan or a coupe based on looking at the wreckage -- was coming from the south around 3:30 a.m., heading northbound on Route 19 (Clay Street at the crash site), when it failed to negotiate the Wolcott Street curve and smashed into the house.

Car crashes into house on Clay Street, Le Roy, after two-car collision

By Billie Owens

Photo courtesy of Alecia Kaus, of Video News Service.

A two-vehicle accident is reported, with one of the vehicles crashed into a house at 77 Clay St. in Le Roy. It's in the village between Wolcott and Myrtle streets. Le Roy Fire Department, Le Roy Ambulance Service and Mercy medics are responding. 

A first responder on scene says there are three patients. Mercy Flight out of Batavia is put on standby. Pavilion Fire Department is called for extrication. An ambulance out of Monroe County is requested.

Le Roy Fire Police are going to shut down all northbound traffic on Route 19 at Munson Street.

UPDATE 3:46 a.m.: Le Roy command asks that Route 19 at Route 5 also be shut down.

UPDATE 3:53 a.m.: Serious injuries are possible. The county's Crash Management Team is being called in and along with a code enforcement officer. Mercy Flight is called to the scene. It will land at the Le Roy Ambulance Service base on Tountas Avenue.

UPDATE 3:59 a.m.: Mercy Flight has a 12-minute ETA.

UPDATE 4:05 a.m.: The Mercy Flight landing zone is changed to the area by the middle school field by the bus garage. One patient has been extricated.

UPDATE 4:14 a.m.: Mercy Flight has landed. All patients extricated.

UPDATE 4:16 a.m.: Le Roy medics are transporting one patient to the Mercy Flight helicopter.

UPDATE 4:26 a.m.: Alecia Kaus, of Video News Service, who is at the scene, says: "According to Le Roy Police Chief Hayward, this was a one-vehicle accident. A car lost control at the curve and struck a house. Three males were in the vehicle. One front-seat passenger has died at the scene. The driver and another passenger were transported to Strong Hospital, one via Mercy Flight and one via ambulance."

UPDATE 4:31 a.m.: The gas is being shut off at the house on Clay Street where the crash occurred.

UPDATE 4:34 a.m.: Alecia Kaus says no one inside the house was injured. There was no one in the first-floor apartment at the time of the crash; the second-floor occupants were unharmed.

UPDATE 4:36 a.m.: State DOT will be notified about a traffic sign that will need to be replaced.

UPDATE 4:48 a.m.: Le Roy fire's auxiliary was summoned about 20 minutes ago.

UPDATE 4:53 a.m.: Le Roy ambulance is back in service.

UPDATE 5:48 a.m.: The State Police are in charge of the scene now; the vehicle is covered. A picture(s) of the vehicle involved will be posted later when it becomes available. No more updates anticipated until then.

Three people arrested on drug charges on Hutchins Street after task force executes search warrant

By Billie Owens
      Darius L. Jones        Lynda Harris

The Genesee County Local Drug Enforcement Task Force announced the arrest of three people on Friday morning on Hutchins Street in the City of Batavia.

Arrested were:

  • Darius AKA "D" L. Jones, 27, of Dewey Avenue, Rochester, who is charged with criminal possession of a controlled substance in the third degree, a Class B felony, and criminal possession of a controlled substance, 7th, a Class A misdemeanor;
  • Lynda Harris, 59, of Hutchins Street, Batavia, who is charged with criminal possession of a controlled substance in the third degree, a Class B felony, and unlawful possession of marijuana, a violation;
  • and Jenna M. Morrill, 25, of Hutchins Street, Batavia, who is charged with criminal possession of a controlled substance, 7th, a Class A misdemeanor.

On Feb. 22, the Drug Task Force and the Batavia Emergency Response Team executed a search warrant at a residence on Hutchins Street. Subsequently, Jones was allegedly found in possession of a quantity of fentanyl, crack cocaine and U.S. currency. Harris was allegedly found in possession of a quantity of crack cocaine and marijuana. Morrill was allegedly found to possess a quantity of crack cocaine and she was issued an appearance ticket.

Jones and Harris were arraigned in Batavia City Court. Then Jones was put in Genesee County Jail with no bail and Harris was released under supervision of Genesee Justice.

The Drug Task Force is comprised of police officers from the Genesee County Sheriff's Office, Batavia Police Department and the Le Roy Village Police Department. It investigates the possession, transportation and sale of narcotics locally.

Members were assisted by Batavia police officers, the Batavia Emergency Response Team and the Genesee County District Attorney's Office.

Next Level Fitness to close, downtown building sold to local investor

By Howard B. Owens

After 31 years in the fitness business, owning and operating gyms in Staten Island and Batavia, Ken Mistler says it's time for him to retire for that line of work.

He's sold the building that has been home to Next Level Fitness for 10 years at 85 Main St., Batavia, and the gym will close Feb. 27.

Mistler said he's reached an agreement to sell the massive three-story, 20,000-square-foot building (which includes a 6,800-square-foot basement) to a local investor. He can't disclose who the buyer is or what the buyer plans to do with the building but the new owner will not operate a gym at that location.

"I'm not sure what they're going to do," Mistler said. "I'm not sure if they're going to use the whole building for themselves or cut the building, subdivide the building."

Mistler started in the gym business in Staten Island and then opened Powerhouse Gym on East Main Street in 1997. He still owns that building and all the equipment currently at Next Level. He would like to see somebody open a gym using the existing equipment at the Powerhouse location or see another locally owned gym use this as an opportunity to grow.

"I'm trying to encourage a local small gym in the area to go into that facility so," Mister said, "they will have more options. My customers have said they're looking for options. They're coming to me the last couple of days and asking what else can we do? What do we have available? They're looking for smaller facilities because they aren't a fan of the larger places and they want to keep it local."

Mistler said the closure of Next Level isn't the result of a chain competitor opening in town. He could have competed with a chain if he had wished to make the changes necessary but he didn't want to make those changes after 31 years running gyms, and the real estate offer was attractive and worth taking at this time.

Mister, who owns several downtown properties, and is owner and operator of Ken's Charcoal Pits on Main Street and the local movie theater, Batavia Showtime, said he's grateful for the years of community support for his gym businesses.

"The support has been unbelievable," Mistler said. "If I had to do it over again I would. That's how good the community has been to that facility, especially since I started Next Level, but 31 years in the business is enough."

Law and Order: Cone Street woman charged with two counts of grand larceny

By Billie Owens

Kayleigh Marie Perez, 29, of Cone Street, Batavia, is charged with two counts of fourth-degree grand larceny, a Class E felony. She was arrested on Feb. 21 for two crimes. In the first incident, she allegedly stole a debit card from Walmart at 7:49 p.m.. on Jan. 13 and used it at several locations. Perez was released on an appearance ticket returnable to Batavia Town Court on March 7. The case was handled by Genesee County Sheriff's Deputy Chad Minuto, assisted by Deputy Mathew Clor. In the second incident, she allegedly stole a credit card from a resident who lives on Main Street in Oakfield. She was also released on an appearance ticket for that and is due in Oakfield Town Court on March 11. The Oakfield case was handled by Deputy James Stack, assisted by Deputy Minuto.

Jeremy Ryan Eaton, 41, of Ellicott Street, Batavia, is a registered Level 2 sex offender who is on parole and is accused of failure to register a change with authorities as specified in NYS Correction Law 168-F, Section 4 (Must register within 10 days any change of residence, employment, Internet account access provider, enrollment or attendance at any institution of higher education.) Eaton was being held in GC jail on a parole violation at the time of his arrest on Feb. 4. Following his arraignment in Batavia City Court, he was put back in jail with no bail. He is due in city court again at 11 a.m. on March 21. The case was handled by Batavia Police Det. Eric Hill.

Christian Dean Boyce, 55, of Watson Road, Elba, is charged with: unlawful possession of marijuana; aggravated unlicensed operation in the second degree; unlicensed driver; operating a motor vehicle out of class; and unregistered motor vehicle. At about 8:30 a.m. on Feb. 9, Boyce was arrested following a traffic stop on North Byron Road in Elba. It is alleged that the defendant had an arrest warrant and a bench warrant out of Town of Elba Court and that he was operating a tractor-trailer without a license. Boyce was recognized by Genesee County Sheriff's Deputy Jeremy McClellan, who initiated the traffic stop. Boyce was arraigned in Town of Batavia Court and put in jail in lieu of $500 cash bail. He was due in Town of Elba Court on Feb. 20 to answer the charges. Deputy McClellan was assisted in the case by Deputy Christopher Erion.

Jill M. Turner, 36, of Burke Drive, Batavia, is charged with dog running at large. It is alleged that she allowed her dog to run at large onto her neighbor's property on Burke Drive at 5:19  p.m. on Feb. 17. Turner is issued an appearance ticket and is due in Batavia City Court on March 5. The case was handled by Batavia Police Officer Frank Klimjack, assisted by Officer James Sheflin.

Sheriff's Office Warrants, active as of Feb. 22, 2019

By Howard B. Owens

Brittany L. Dumsar  age 25, W/F, 5’ 4” 110 lbs.

Brown Hair, Green eyes

LKA Anytrell Drive Webster, NY

 

Bench warrant for Criminal Trespass 3rd PL 140.10-1 (Misdemeanor and Trespass PL 140.05 (Violation) Darien Town Court DOW 6/18/18

 

Tricia E. Delucia age 40, W/F, 4’ 10” 90 lbs.

Brown Hair, Brown eyes

LKA Handy Street Rochester, NY

 

Bench warrant for Criminal Possession of a Controlled Substance 7th PL 220.03 (Misdemeanor)  Batavia Town Court DOW 12/20/18

Tatiana C. Lugo age 24, W/F, 5’7” 182 lbs.

Black hair, Brown eyes

LKA Mechanic Street

Byron, NY

 

Arrest warrant for Harassment 2nd PL 240.26-1 (Violation) Batavia Town Court DOW 9/19/18

 

Uriah I. C. Smoke age 34, American Indian, male 5’6” 180 lbs.

Black hair, Brown eyes

LKA Bloomingdale Road Alabama, NY

 

Bench Warrant for Criminal Mischief 4th PL 145.00-1 (Misdemeanor) and Reckless Endangerment 2nd PL 120.20-1 (Misdemeanor) Alabama Town Court  DOW 5/15/12

Nicole R. Elmore age 30, W/F, 5’4” 115 lbs.

Brown hair, Hazel eyes

LKA Clifford Avenue Rochester, NY

 

Bench Warrant for Grand Larceny 4th  PL 155.30-1(Felony) and Conspiracy 6th  PL 105.00 (Misdemeanor) Batavia Town Court DOW 2/14/19

Matthew P. Snyder age 29, W/M, 5’8” 215 lbs.

Brown hair, Blue eyes

LKA West Avenue

Attica, NY

 

Arrest Warrant for Aggravated Unlicensed Operation 3rd VTL 511-1a (Misdemeanor) Byron Town Court DOW 9/8/17

County set to hire architect to oversee planning for new jail

By Howard B. Owens

County officials are ready to move ahead with plans for a new Genesee County Jail, which begins with hiring an architectural firm to help plan and design it and hiring a general contractor to oversee its construction. The new jail could be located on land already owned by the county next to County Building #2 on West Main Street Road, Batavia.

The County Legislature is expected to pass two resolutions next week to move the plan forward. One will authorize spending $2.5 million from the county's building and infrastructure fund, and the other will authorize a contract with SMRT Architects and Engineers PC, of Latham.

Approval of the resolutions was recommended this week by both the Public Service Committee on Tuesday (photo above with Asst. County Manager Matt Landers and Sheriff William Sheron seated at the conference table) and the Ways and Means Committee on Wednesday.

Landers told the Ways and Means Committee that the county has yet to establish the actual cost of the new jail. That will be determined by the review and consulting process with SMRT Architects, who will also assist in hiring a construction manager, who will also assist in estimating the cost.

Once a cost is established, the county can seek bond financing, and once the bond is approved, the $2.5 million from the reserve fund will be reimbursed to that fund.

If, after site review, SMRT does find the site next to County Building #2 suitable for a jail, the county's planning costs could be substantially reduced because there will be no need for a site-selection process.

SMRT was one of four finalists firms reviewed by a jail committee comprised of county officials from multiple departments. Two finalists were interviewed and those two were asked to submit final prices, then the committee conducted reference checks.

SMRT was selected by the committee on a 7-3 vote with one abstention, Landers said.

The county is establishing a page on its website that will provide the public with all of the information available on the new jail as the process progresses, Landers said. 

Landers expects more information on costs and a construction timeline to emerge within six months.

Strong, potentially damaging winds, expected Sunday

By Howard B. Owens

Wind gusts up to 75 mph are expected in a storm that will pass through the area Sunday, according to the National Weather Service.

The NWS has issued a high-wind warning for 7 a.m. Sunday though 10 a.m. Monday.

Steady winds of 35 to 45 mph from the west are expected.

Strong wind gusts could bring down trees and power lines and widespread power outages are possible. Power may be out in some areas for several days.

Shallow rooted pine trees may be particularly vulnerable.

Property damage is also possible, especially to roofs and siding.

Travel by high profile vehicles will be very difficult and empty tractor trailers may be in danger of blowing off roadways.

Homehowners should secure loose objects.

Murder suspect's phone at issue in evidence hearing

By Howard B. Owens
      Richard Hanes

At an evidence hearing today in the murder case proceedings against Richard D. Hanes, his defense attorney argued that Judge Charles Zambito should not allow his client's mobile phone and its content to be presented to a jury if the case goes to trial.

Hanes, 36, is accused of beating to death Raymond Morgan on July 24 at 111 Liberty St. Batavia.

According to court testimony today by Det. Thad Mart, Hanes showed up at the Batavia PD headquarters and presented himself to police for questioning without being summoned there. At the time, he wasn't a suspect and police had yet to obtain DNA, fingerprints or palm prints that linked him to the case.

The interview with Hanes was videotaped and that evidence was also submitted to the court today (though not played in court).

Mart said on the stand that Hanes does not confess to the murder during the interview nor did he implicate himself while at the police station.

It was during the interview at Batavia PD that parole officers who supervised Hanes showed up and the officers took his mobile phone, apparently, in connection with an alleged parole violation. The parole officers then turned the phone over to a Batavia PD patrol officer.

Defense attorney Fred Rarick argued that if the phone was linked to an actual parole violation, parole officers would have kept it as evidence in that case and would not have turned it over to a police officer.

Rarick argued that the police didn't have probable cause to seize the phone and that parole taking the phone and giving it to police is an attempt to circumvent the need for a warrant.

"There is no probable cause because we don't know why he was arrested on a parole violation," Rarick said. "If there was something on his phone relative to his parole, they would have retained possession of that phone."

District Attorney Lawrenece Friedman said there is no evidence that parole and police communicated about the phone prior to the police obtaining it, that there is no evidence of any agreement for the officers to work togther to obtain the phone.

"It's all very speculative," Friedman said. He added later, "It really doesn't matter why a parole officer took the phone because they were not acting as an agent for the police."

He compared it to a private citizen obtaining the phone, walking out with it and then deciding to hand it over to police.

Outside of court Friedman said he couldn't discuss the significance of the phone to the case.

There is reportedly DNA evidence that links Hanes to the crime scene and investigators have said they believe the murder was premeditated.

Zambito said he will reserve his decision on the admissibility of the phone until a later date. Hanes is scheduled for another court appearance at 2:45 p.m., March 13.

Darien teen's dream is an all-terrain tracked wheelchair, benefit is March 31

By Billie Owens

In photo above, Ashley McCormack embarks on "bossing" an Action Trackchair.

Ashley McCormack is a spirited 18-year-old who lives in Darien and has been confined to a wheelchair since she was 10.

When she was little she used to go fishing with her dad on Hamlin Beach along the shores of Lake Ontario. They would also hike trails in Letchworth State Park and go camping.

Life as she knew it and her outdoor adventures were cruelly curtailed by the onslaught of ataxia-telangiectasia syndrome or Louis-Bar syndrome. She was diagnosed with it at age 8 and by 10 she unable to walk on her own.

The progressive neurological disease also makes it hard for her to talk and do a lot of other things. Doctors told her she wouldn't live long, but she's still here, still "wanting to live her life" and enjoy it, too.

Winters are especially difficult because when ice or mud or snow gets on the wheels of her regular motorized wheelchair, it's easy for her to get stuck.

So her mother, Susan Pfalzer, says Ashley's routine is very limited: going from the house to the car -- then to the store or church or the doctor or wherever -- and back again. House-to-car-to-building and back again.

Her little pal, a mixed terrier named "Shyla" often accompanies the self-professed animal lover, who volunteers at two local shelters.

Enter Cheryl Medina, a longtime friend of the family who found out about an amazing -- and expensive -- piece of equipment: the Action Trackchair. To learn more about it, click here.

"Cheryl sent me information about it and it seemed really neat but I didn't think too much about it," Pfalzer said. "But Cheryl is a go-getter and she arranged to have Ashley get a demo of the chair for a day."

The all-terrain wheelchair is highly customizable. Insurance won't cover the cost of it and it retails for more than $11,000. The one that Ashley got to try out goes for $16,300.

The joy Ashley experienced at being able to get around was unreal. She could go visit her Nana down the road, get some fresh air, pay her respects at the family's pet cemetery in the back yard, tool around.

Timid of using it at first, by the day's end she was tackling mounds of snow and showing that Trackchair who was boss.

"Ashley is such a good, sweet girl and she's like any 18-year-old -- she wants to be out and doing things," Medina said. "She's so funny and full of life."

To help her with this noble mobile dream, Medina and Ashley's mother and her Nana, Annette Pfalzer, will hold a benefit at Darien Fire Hall from 1 to 6 p.m. on Sunday, March 31. It is located at 10537 Alleghany Road, Darien Center.

There will be plenty of food and music.

Tickets are $10 presale or $15 at the door.

Organizers, friends and family are seeking cash donations, checks, gift certificates, gift baskets and auction items.

Cash donations and checks can be made out to:   Ashley's Action Trackchair. Send them to:  Susan Pfalzer, 1792 Sumner Road, Darien, NY 14040.

Group donations are encouraged.

For corporations and organizations, there is an EIN number available for your donations.

For presale tickets, donations or other information about this benefit, call: Cheryl Medina at (716) 863-0388; or (Nana) Annette Pfalzer at 547-9342; or (Mom) Sue Pfalzer at (585) 300-9508.

There is also a GoFundMe account set up. Visit here.

Photos courtesy of Sue Pfalzer.

Ashley and her doggie "Shyla" with her regular motorized wheelchair.

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