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A 73-year-old man in Bethany was asaulted tonight in his home by an intruder and is being transported to UMMC by ambulance for treatment of his injuries. 

The intruder awoke the man and struck him several times with an unknown object. He also sprayed him with an unknown substance. 

The suspect was not on scene when deputies arrived and law enforcement has no description at this time. 

The initial 9-1-1 call was just before 9 p.m.

A caller reported seeing kids playing on train tracks near Wortendyke Road, Batavia, including lying on the tracks while a train was coming. 

Deputies are dispatched. 

CSX is now holding a train to give deputies a chance to search the area. 

UPDATE 9:31 p.m.: A person in law enforcement informs dispatch about a graduation party in the area and kids from the party going up to the tracks.

The water level on the Tonawanda Creek, as measured by the station behind the Genesee County Courthouse, peaked at just under 10 feet at about 8 p.m. and started to recede by 9 p.m., according to measurements captured by the USGS.

A flood alert remains in effect until Saturday morning.

A 23-year-old Le Roy man was charged with DWI after a report last night that a car he was driving went off the roadway on Kenney Road, into a swamp and struck a tree.

Kodey Richard Mills, of Myrtle Street, is also charged with driving with a BAC of .08 or greater, moving from lane unsafely and driving without insurance.

The accident was reported at 10:02 p.m.

Mills was released on an appearance ticket.

The accident was investigated by Deputy James Stack.

The path to a Sheriff's road patrol often passes through the Genesee County Jail for career-minded folks interested in law enforcement, and Darrell Klein thought that would be the path he would take when he signed on as a corrections officer 24-and-a-half years ago.

It didn't take him long, though, to figure out the jail was where he could do the most good.

"I liked the people," Klein said. "I liked the challenge, the feeling that I was doing something that mattered. People misunderstand what inmates are all about. They think they are bad people. They're not. There are a lot of good people here who made bad choices. It's nice to be able to help them when I can."

He said he will be look back at several memories where he feels he made a difference in people's lives. 

"Those are good feelings," he said.

Today was Klein's last day on the job.

"It's time to pass the torch to somebody else," he said.

The following people were arrested by the Genesee County Sheriff’s Office during the Vans Warped Tour Concert at Darien Lake Performing Arts Center on Thursday:

A 16-year-old, of Lake Avenue Lancaster, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.

Thomas A. Soares, 31, of Smoral Road, Camillus, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.

Zackery K. Johnston, 21, of Kingsley Road, Rochester, is charged with criminal trespass, 3rd, after allegedly entering the fenced in pit area of the venue without permission.

Brittany L. Dumsar, 24, of Anytrell Drive, Webster, is charged with criminal trespass, 3r,d and harassment, 2nd, after allegedly reentering the concert venue after being ejected and then spitting in a Live Nation employee's face.

Joseph N. McCarthy, 23 of North Road, Freedom, is charged with trespass after allegedly attempting to reenter the concert venue after being ejected and told not to return.

At 9 a.m., the water level of the Tonawanda Creek, measured behind the courthouse, was 8.5 feet and rising, according to the National Weather Service.

Flood stage is 9 feet.

The creek is expected to crest at 9.4 feet this afternoon.

Impacted areas include Kibbe Park, Law Street and Walnut Street.  

Also, expect flooding in the rural areas of Alexander and the Alabama Swamps.

The City of Batavia is warning of flooding along the Tonawanda Creek in the areas of Law Street, Walnut Street and Kibbe Park.

The Tonawanda is expected to crest at 9.7 feet, which is above flood stage levels.

Residents in the affected areas are asked to keep vigilant and take precautions to minimize property loss.

Sometimes good people do bad things, Judge Micheal Mohun told Bill Thomas before sentencing him to three years in state prison for menacing a police officer.

With the nearly 14 months already served in county jail, and time off for good time, Thomas should be back home with his family in a little over a year.

Family is a big part of the Thomas story, something Mohun noted during his sentencing remarks.

"You're a lucky fella," Mohun said. "Every time you've come to court, your family has been here. Your family has been very supportive. I see you are one of 10 kids, the second youngest. Your mother died in May while you were in jail. I'm sure that was very hard on you.  It gives me great encouragement that your family is with you and has backed you throughout your court appearances and your trial and now they're here with you today. That is a real testament to the Thomas family.

Then he added, "you're also lucky to be alive."

On the morning of March 16, 2016, Officer Pete Flanigan responded to a home on State Street to investigate a report of a disturbance. Bill's brother Rand answered the door and Flanigan saw Thomas, he testified at trial, with a knife in his hand. He said Thomas came at him with the knife and he thought he would have to shoot Thomas, but Rand, in trying to flee the residence, got in between the officer and his brother.

At a trial last month, Thomas was convicted of criminal possession of a weapon and menacing a police officer.

The mandatory minimum sentence for menacing a police officer is two years in prison, with a maximum of eight. 

Mohun also sentenced Thomas to one to three years on the weapons conviction, to run concurrently to the menacing charge. Thomas will also have a year and a half parole to serve when he's released.

Thomas has a prior criminal record, but nothing in the past 20 years and never had a prior arrest for any kind of violence.

He had been living with his mother, caring for her, prior to his arrest.

While Thomas, 57, was represented at the jury trial by the Public Defender's Office, retained counsel Maurice Verillo appeared for the defendant today. He argued for a minimum amount of time in prison and asked that his client's time in prison be at a facility close to Batavia so his family could easily visit him.

Mohun said he has no control over where the Department of Corrections sends Thomas, but he did attach the request to his file, so it is with him when he is processed, and all of the letters of support from friends and family the court received.

District Attorney Lawrence Friedman, who usually has something to say when asked what his sentencing recommendations are by a judge, made no statement in court today.

About a dozen members of his family were in court. After Mohun adjourned the case, they all stood. Deputies allowed Thomas to turn and say goodbye to his family.  Family members told him they supported him and loved him.

Three people have been arrested, all on Class B felony charges, following an investigation by the GC Local Drug Enforcement Task Force in the City of Batavia.

Jacklyn M. Ganzhorn, 30, of South Lyon Street, Batavia, is charged with two counts of criminal sale of a controlled substance in the third degree -- heroin/fentanyl; and two counts of criminal possession of a controlled substance in the third degree (same drug).

Ganzhorn was arrested Wednesday afternoon by Batavia Police while they were investigating an unrelated matter.

She was jailed on $20,000 cash bail or $40,000 bond.

Uniformed officers of the Batavia Police Department assisted Task Force members with the investigation.

Johnnie M. Watson, 34, of West Main Street, Batavia, is charged with three counts criminal sale of a controlled substance in the third degree -- "crack" cocaine; and three counts of criminal possession of a controlled substance in the third degree (same drug).

Watson was arrested Tuesday afternoon by Genesee County Sheriff's Deputies.

Watson is currently on parole.

He was jailed on $20,000 cash bail or $40,000 bond.

Uniformed officers of the Genesee County Sheriff's Office assisted Task Force members with the investigation.

Edward J. "Jordan" White, 21, of Michigan Street, Lockport, is charged with one count of criminal sale of a controlled substance in the third degree -- "crack" cocaine; and one count of criminal possession of a controlled substance in the third degree (same drug).

White was arrested Tuesday afternoon by Genesee County Sheriff's deputies.

White, who is also currently on parole, was jailed on $20,000 cash bail or $40,000 bond. 

Uniformed officers of the Genesee County Sheriff's Office assisted Task Force members with the investigation. The Task Force is comprised officers from the Genesee County Sheriff's Office, Batavia Police NET officers, and the Le Roy Village Police Department.

It's been years of effort and expense for Bill Farmer, but nearly a decade after he acquired the Creekside Inn, after a fire destroyed most of the building, the tavern that is part of so many local memories, is once again welcoming customers.

The 200-year-old building has been completely refurbished from top to bottom and is gorgeous. Farmer has hired a top-notch staff and the Creekside is set to become a local favorite, but a regional dining destination.  

Tavern dining on the second floor and the patio bar are open. The third-floor fine dining won't open for a few weeks yet.

This weekend, during Oatka Fest, the Creekside is not accepting reservations. It is first-come, first-served.

Flooding is reported on Cedar Street and on Route 20 in Alexander.

UPDATE 10:46 a.m.: All available manpower to Bethany Fire Hall for at least two cellar pump details.

UPDATE 10:53 a.m. (By Billie): Le Roy firefighters are called to their hall for cellar pump detail. Route 5 under the railroad overpass in Le Roy is flooded. Le Roy Village highway department is notified. Flooding is reaching the second lane of the roadway at Route 19 and Hilltop.

UPDATE 11:12 a.m.: Photo added. A city worker said the flood waters under the train overpass on Cedar Street was higher before I got there. Even in the time between taking this picture and walking back to my car, the waters completely drained away. However, because of the potential for more heavy rain and more flooding, city workers put up barriers just to encourage people to slow down. City crews will continue to monitor the situation. Flooding is reported in Le Roy at Wolcott and Munson.

UPDATE 11:25 a.m.: There's a report of Warner Road in Le Roy being washed out.

UPDATE 11:32 a.m.: A black SUV is stuck at the "Route 238 viaduct." Help is on the way.

UPDATE 11:36 a.m.: An occupied car is stuck on Attica Street under a bridge in Alexander. Alexander Fire Department is responding along with a deputy.

UPDATE 11:49 a.m.: The car on Attica Road is out of the water and its female driver safe.

UPDATE 12:18 p.m.: A power line is down, lying in standing water on Bartoff Road in Stafford.

A flash flood warning has been issued for Western New York and it will be in effect until 1:45 p.m.

At 9:46 a.m., Doppler Radar detected thunderstorms producing heavy rain across the region. 

Kimberly Brodsky, 25, of Bank Street, Batavia, is charged with offering a false instrument for filing, 1st, and grand larceny, 4th. Brodsky is accused of filing a falsified application for assistance with the Department of Social Services in May 2016. Brodsky allegedly received $2,423 in benefits as a result of the falsified application.

Susan Jordon, 54, of State Street, Batavia, was charged with two counts of offering a false instrument for filing, 1st, and grand larceny, 3rd. Jordan is accused of submitting falsified applications to the Department of Social Services in August 2016 and in February (2017). As result, Jordan allegedly received $3,105 in benefits. 

Catherine Spink, 52, Genesee Street, Corfu, is charged with 10 counts of offering a false instrument for filing in the first degree and one count of grand larceny, 3rd. Spink is accused of submitting various forms of falsified documentation to the Department of Social Services between March of 2015 and March of 2017, which resulted in Spink receiving $3,756 in benefits.

Arne H. Zipkin, 69, of Woodcrest Drive, Batavia, is charged with petit larceny. Zipkin is accused of shoplifting from Dick's Sporting Goods. Zipkin allegedly stole $97.99 in merchandise.

Grand Jury Report:

Jason C. Lehnortt is indicted on a count of felony DWI, felony driving with a BAC of .08 or greater, aggravated unlicensed operation in the first degree, and speeding. Lehnortt is accused of driving drunk May 3. He was allegedly drunk while driving his 2006 Subaru on the Thruway over the posted speed limit through Stafford while on a suspended license. He is alleged to have had a prior DWI conviction in January 2008, making the DWI a felony charge with three prior suspensions or revocations still in effect.

A hit-and-run accident with injuries is reported in the area of 1499 Sumner Road, near the Employee Road entrance to Darien Lake, Darien.

Darien fire and ambulance dispatched.

A house at 120 Bank St., Batavia is reportedly charged with smoke with an audible alarm going off.

A neighbor called in the possible structure fire. 

City fire is responding.

UPDATE 10:39 p.m.: Firefighters report the odor of smoke, an audible alarm and are trying to force entry.

UPDATE 10:41 p.m.: Unattended food on the stove. Firefighters are searching the residence.

UPDATE 10:42 p.m.: An ambulance requested to the scene non-emergency to evaluate a person who was found in the residence.

A 40-year-old Batavia resident kept Batavia PD at bay for more than an hour this afternoon while he remained locked in his apartment at 4 Miller Ave. following a report of a domestic incident.

Gordon D. Sprague eventually surrendered and was jailed without bail on charges of harassment, 2nd, obstructing governmental administration, 2nd, criminal possession of a weapon, 3rd, and criminal mischief, 4th.

The incident began at 2:48 p.m. with a call to 9-1-1 about a physical domestic on Miller Avenue. As police responded, officers received an update that the male subject was continuing to physically attack the female victim.

Upon arrival, the subject reportedly went into the apartment on Miller Avenue and locked the doors.

Sheriff's Deputies provided backup, including the department's K-9 unit, and a police negotiator attempted to communicate with the suspect.

Sprague, behind locked doors, would not respond to either the negotiator or family members.

Police Chief Shawn Heubusch said at the scene that officers did not believe Sprague was armed or presented a threat, but the street was shut down in "overabundance of caution."

Eventually, Sprague agreed to exit the apartment and he was taken into custody.

He was allegedly found in possession of an illegal switchblade knife. Because of a prior criminal conviction, the weapon's charge was elevated to a felony.

Photo by Julia Ferrini.

Jim Frascati started working on his plans to open an Italian restaurant somewhere nearly two years ago, but the big hang up was finding the right location.

He visited the Village of Le Roy, but the location he looked at didn't seem quite suitable to him. He missed the vacant, 110-year-old building at 49 Main St.

At an event one day, he met a Le Roy resident who asked him if he had looked at the former Pontillo's Pizzeria building.

He hadn't, so he did.

"When I came to see it, once I stepped inside the building, I fell in love with it," Frascati said, a resident of Monroe County. "Even though the condition of the building wasn't great, the outside was very attractive. I think it's one of the best looking buildings downtown."

In the interior, he was taken by the exposed brick on the eastside wall and the big arched window at the front of the building.

That's when he knew for sure he was going to have his own restaurant, he said.

Finding the right name for the business wasn't a straightforward journey, either.

Frascati was born in Sicily, raised by a Sicilian mother. His family immigrated, making an eight-day boat journey, when he was 12 years old. 

He knew his ristorante would have a fired brick oven (really, the way to cook pizza, as far as he's concerned), and feature his mother's homemade Sicilian recipes, so he wanted a name that spoke to his Sicilian roots.

When his father was a young man, he would walk to work with a bag with his lunch in it hanging from a stick, so his nickname became "la caffa." A la caffa is a kind of purse or satchel that was originally designed to hang on donkeys for transporting small items.

So, Frascati planned to use "la caffa" as his business name, but his daughter said "No, dad, that's a stupid name. Nobody will know what it means."

He tried to come up with other names, but none ever seemed quite right. Then one day he was talking with a friend about plans they were making. The friend laid out the summary of the plans and ended his sentence with, "capiche?" Frascati replied almost in rote, "capiche."

Then it struck him. When he was a boy, whenever he would do something bad ("I wasn't always a perfect kid," he said), his mother would scold him, often with threats with words along the lines of, "if you do that again, I'm going to break your legs," and end the threat with, "capiche?"

Frascati told his friend, "Thank you. Thank you so much."

"For what?"

"You just gave me the name of my restaurant."

Capish! Brick Oven Pizza Ristorante, 49 Main St., Le Roy, has been open for about three months now, long enough for Frascati to see if customers return.

"We are starting to see some of the same faces over and over," Frascati said. "We're glad to see them come back. It's a nice testament to our food that they do come back."

Besides pizza, the restaurant has a full bar and a menu filled with a variety of Italian dishes.

Le Roy is starting to become a nice destination village for people who like to eat at good restaurants and Frascati is glad to be part of that mix. He thinks his brick oven offers people throughout the region something different because there is no other brick oven pizzeria close to the area.

Frascati is excited about talk of revitalization along the waterfront of Oatka Creek. That will only help bring people in from Rochester and Buffalo.

On the mantle above the bar, a model of the ship Jim Frascati and his family spent eight days on when they immigrated to the United States.

Michael Thomas Coffey Sr., 48, of South Main Street, Albion, is charged with burglary, 2nd. Coffey was arrested following an investigation into a burglary on Batavia-Oakfield Townline Road in 2012. Coffey is already being held in the Genesee County Jail on unrelated charges.

Michelle Ann Hahn, 53, of Gibson Street, Oakfield, is charged with: DWI; driving with a BAC of .08 or greater; failure to keep right; failure to stop at stop sign; and refusal to take breath test. Hahn was stopped at 10:25 p.m. Tuesday on North Pembroke Road, Pembroke, by Deputy Ryan Young.

There is a report of smoke in the "switch gear room" at Genesee Community College.

The building is being evacuated.

Town of Batavia fire responding.

UPDATE 10:32 a.m.: No fire, small amount of smoke in the building. Engine 24 can continue response non-emergency.