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Alabama

Motorcycle rider suffers possible arm injury at end of alleged high speed chase

By Howard B. Owens

Medics and Alabama fire are responding to a location at Judge and Feeder roads, Tonawanda Indian Reservation, to assistant a patient with an apparent arm injurying following a high speed chase that started in a neighboring county.

The pursuit involved a motorcycle and the rider reportedly laid the bike down at Judge and Feeder.

Law and Order: Driver charged with DWI after short pursuit by deputy

By Howard B. Owens

David W. Maxwell, 62, of Vine Street, Batavia, is charged with felony DWI, felony driving with a BAC of .08 or greater, failure to yield to an emergency vehicle, failure to dim headlights, failure to keep right, refusal to take breath test and controlled substance not in original container. Deputy Kevin McCarthy spotted Maxwell's car at 10:09 p.m. Tuesday on Route 33 in Pembroke and Maxwell allegedly failed to dim his headlights for oncoming traffic. When McCarthy attempted a traffic stop on Maxwell's car, Maxwell allegedly refused to pull over. A short pursuit followed and Maxwell eventually pulled over on Route 33 in the Town of Batavia.

Donna Marie Kroft, 59, of State Street, Batavia, is charged with petit larceny. Kroft is accused of shoplifting at Kmart on Tuesday.

Dora Poodry, 19, of Basom, is charged with petit larceny. Poodry was arrested by State Police for an alleged incident reported at 9:18 p.m., Wednesday, at a location on Veterans Memorial Drive. No further details released.

Grand jury indicts man for alleged oral sexual conduct with person under 17

By Billie Owens

Here are the latest indictments issued by the Genesee County Grand Jury:

Kyle H. Morse is indicted on four counts, all stemming from alleged actions on Sept. 21, 2012 in the Town of Elba.

He is accused of criminal sexual act in the first degree, a class-B felony, for allegedly engaging in oral sexual conduct with another person by forcible compulsion.

In count two of the indictment, Morse is accused of sexual abuse in the first degree, a class-D violent felony, for allegedly subjecting another person to sexual contact by forcible compulsion.

In count three, Morse is accused of criminal sexual act in the third degree, a class-E felony, for allegedly engaging in oral sexual conduct with another person without that person's consent. This alleged lack of consent was by reason of some factor other than incapacity to consent.

In count four, Morse is accused of sexual misconduct, a class-A misdemeanor, for allegedly engaging in oral sexual conduct with another person without that person's consent, and the person was deemed incapable of consent by vurtue of being less than 17 years old.

John J. Slack and Penny S. Sprague are both indicted on two counts each stemming from alleged actions June 16-17, 2012 on Knowlesville Road in the Town of Alabama.

In count one, they are accused of second-degree burglary, a class-C violent felony, for allegedly  entering and remaining unlawfully in a dwelling with the intent to commit a crime. In count two, they are accused of grand larceny in the third degree, a class-D felony, for allegedly stealing property having a value in excess of $3,000 -- in this case, jewelry, money, electonic devices and other property valued at about $11,000.

Franchesca A. Barrome is accused of criminal possession of stolen property in the fourth degree, a class-E felony. It is alleged that during Feb. 5-17, 2013, in the Town of Batavia she knowingly possessed stolen property with intent to benefit herself or a person other than the owner, or to impede recovery of the property by the owner. The property was a college ID card.

In count two of the indictment, Barrome is accused of petit larceny, a class-A misdemeanor, for allegedly stealing property by using the ID card to make unauthorized purchases. In count three, she is accused of criminal trespass in the second degree, a class-A misdemeanor, for allegedly entering and remaining unlawfully in a dwelling.

Gary W. Woronowski is accused of driving while intoxicated, a class-E felony, for allegedly operating a 2000 Subaru while intoxicated. This allegedly occurred Feb.1, 2013 on Main Road in the Town of Pembroke. In count two, he is accused of driving while intoxicated, per se, as a class-E felony, for allegedly having a BAC of .08 or more at the time.

Woronowski is also accused of having been convicted of DWI, as a misdemeanor, in 2007 which is within 10 years of the crimes alleged in this indictment.

Chad M. Dart is accused of driving while intoxicated, a class-E felony, for driving a 2013 Chevy pickup on Route 33 in the Town of Stafford on March 10, 2013 while intoxicated. He is also accused of having been convicted of DWI, as a misdemeanor, in 2004, which is within 10 years of the crime alleged in the indicment.

Lastly, the Grand Jury returned a No Bill on DWI charges against Ronald J. Tombari III stemming from alleged incidents which occurred Dec. 12, 2012 in the Town of Pavilion.

Law and Order: Pair of DWIs among reported arrests in county

By Howard B. Owens

Jeremy K. Hogeboom, 38, of South Pearl Street Road, Oakfield, is charged with DWI, driving with a BAC of .08 or greater, criminal possession of a controlled substance, 7th, speed not reasonable nor prudent, failure to keep right and unlawful possession of marijuana. Hogeboom was stopped at 12:06 a.m. Friday on Phelps Road, Pembroke, by Deputy James Diehl.

Tyler J. Aina, 21, of 13929 Waterport Circle Road, Albion, is charged with DWI, driving with a BAC of .08 or greater, aggravated unlicensed operation, driving left of pavement marketings and failure to stop at stop sign. Aina was stopped by Officer Darryle Streeter at 1:09 a.m. June 15 on Oak Street.

Derrick R. Kio, 22, of 5471 Hudson Road, Pavilion, is charged with disobeying mandate. Kio is accused of violating an order of protection by calling the protected person.

Keith B. Besaw, 42, of 61 1/2 North Lyon St., Batavia, is charged with operating a motor vehicle without an inspection certificate. Besaw was taken into custody by Batavia PD on an arrest warrant issued in City Court.

Brad C. Doward, 23, of 10 Hall St., Batavia, is charged with aggravated harassment, 2nd, and harassment, 2nd. Doward was allegedly involved in a domestic incident.

A 17-year-old resident of Swamp Road, Byron, is charged with petit larceny. The youth is accused of shoplifting $39.72 in merchandise from Walmart.

Debra M. Davis, 53, and Samantha B. Steiner, 22, both of 620 Yacht Club Drive, Machias, are charged with petit larceny. Davis and Steiner were arrested by State Police in connection with an alleged incident reported in the Town of Alabama in October. No further details released.

Law and Order: Felony DWI, untaxed cigarettes, and underage drinking

By Howard B. Owens

Michael Barton Kropp, 49, of Coward Road, Byron, is charged with felony DWI, felony driving with a BAC of .18 or greater and aggravated unlicensed operation, 1st. Deputy Joseph Graff responded at 7:25 p.m. Monday to two reports of a suspicious vehicle on Ivison Road, Byron. Kropp's vehicle was located and he was arrested for allegedly driving drunk.

Jhenna Christine Warren, 23, of Daansen Road, Palmyra, is charged with possession of untaxed cigarettes. Warren was stopped at 3:33 p.m. Tuesday on Route 77, Alabama, by Deputy Joseph Corona for an alleged traffic violation and allegedly found in possession of cartons of untaxed cigarettes.

A 17-year-old resident of Ford Road, Elba, is charged with unlawful dealing with a child, 1st. The youth allegedly hosted an underage drinking party involving 20 people under age 21 at his residence last night.

Law and Order: Bergen brothers arrested after Probation Department visit

By Howard B. Owens

John Neil Leisten, 33, of Clinton Street Road, Bergen, was arrested on a bench warrant related to a second-degree menacing charge. Leisten was taken into custody by the Probation Department on a warrant out of Town of Alabama Court. He was jailed on $750 cash bail or $1,500 bond.

Daniel James Leisten, 42, of Clinton Street Road, Bergen, is charged with failure to obey support order. Leisten was arrested in connection with a Probation Department visit to his home to speak with his brother. He was jailed on $2,000 bail.

Law and Order: Reader tips lead to arrest of alleged 400 Towers bike thief

By Howard B. Owens

Joey A. Evans, 22, of 202 State St., Batavia, is charged with petit larceny. Evans allegedly admitted to a theft of a bicycle from 400 Towers following several anonymous tips to police from readers of The Batavian.

Darrell Smith, 46, of 26 Queens Drive, West Seneca, is charged with criminal obstruction of breathing/blood circulation. Smith is accused of grabbing a woman he knew by the throat.

Bill A. Thomas, 53, of 252 State St., Batavia, is charged with disorderly conduct (creating a hazardous or offensive condition), disorderly conduct (obscene language/gestures) and open container. Thomas was arrested at 140 W. Main St., Batavia, for an alleged incident reported at 6:15 p.m., June 3, at 15 Main St., Batavia. No further details were released.

Danny J. Torok Jr., 26, of 3177 Dodgeson Road, Alexander, is charged with burglary, 1st (use or threat of use of a dangerous instrument), criminal possession of a weapon, 3rd, unlawful imprisonment, 1st, criminal contempt, 1st (violating an order of protection while using a weapon), and menacing, 2nd. Torok was taken into custody by Batavia PD on an arrest warrant. The alleged incident was reported at 1:30 a.m., May 16. He was jailed without bail. No further details were released.

Cherkiga Starks, 36, of 335 Bank St., Apt. A7, is charged with endangering the welfare of a child. The alleged incident occurred at 11:57 p.m., May 31. No further details were released.

Steven E. Wells, 51, of Macomber Road, Oakfield, is charged with DWI, driving with a BAC of .08, aggravated unlicensed operation, 1st, operating without an interlock ignition device, and driver's view obstructed. Mary E. Wells, 51, of Macomber Road, Oakfield, is charged with facilitating aggravated unlicensed operation, David Daniels, 56, of Macomber Road, Oakfield, is charged with consumption of alcohol in a motor vehicle. Steven Wells was stopped at 2:11 p.m., Sunday, on Slusser Road, Pembroke, by Deputy Chris Parker for allegedly driving with driver's view obstructed. Upon investigation, he was found to be allegedly driving drunk. Mary Wells is reportedly the registered owner of the vehicle and is accused of knowing Steven Wells did not have a valid driver's license. David Daniels was a passenger in the vehicle and was allegedly consuming alcohol while in the back seat.

Jason Leo Antos, 21, of Independence Avenue, Niagara Falls, is charged with criminal trespass, 3rd, and unlawful dealing with a child. Antos is accused of unlawfully entering the campgrounds at Darien Lake Theme Park and supplying alcohol to a minor.

Joshua M. Gaudioso, 24, of Lake Street, Le Roy, is charged with possession and transportation of more than 400 untaxed citgarettes. Gaudioso was stopped for an alleged traffic violation at 5:43 p.m., Saturday, on West Main Street, Le Roy, by Deputy Patrick Reeves. During the stop, Gaudioso was allegedly found in possession of more than 400 untaxed cigarettes and operating on a suspended registration.

Heather Jo Lehman, 20, of Oliver Street, North Tonawanda, is charged with criminal trespass, 3rd, and unlawful possession of alcohol under age 21. Lehman was allegedly on Darien Lake Theme Park campgrounds property unlawfully and in possession of alcohol at 3:19 a.m., Sunday.

Jeffrey Scott Canale, 43, of Orchard Drive, Le Roy, is charged with DWI, driving with a BAC of .08 or greater, failure to reduce speed on curve, leaving the scene of a property damage accident and failure to keep right. Canale was allegedly driving a 1999 BMW on Oatka Trail, Le Roy, at 2:13 a.m., when he was involved in a single-car accident.

Elizabeth Anne Weiner, 22, of Conkey Avenue, Rochester, is charged with criminal possession of a controlled substance, 7th, and unlawful possession of marijuana. Weiner was a passenger in a vehicle stopped for an alleged traffic infraction June 2 by Deputy Patrick Reeves. She was allegedly found in possession of Ecstasy (MDMA) and marijuana.

Clifford Leo Regimbal, 34, of Granite Street, Webster, Mass., was arrested on bench warrants for alleged criminal possession of marijuana and unlawful growing of cannabis. Regimbal is being held on an unrelated matter after being returned to New York from Massachusetts, and was arrested on warrants out of Town of Alabama Court. He was also arrested on warrants out of Village of Corfu Court for alleged criminal use of drug paraphernalia and possession of a controlled substance, 7th.

Joel David Prouty, 27, of Fisher Road, Oakfield, is charged with criminal contempt, 1st. Prouty is accused of stalking and harassing a protected person in violation of a court order issued by Judge Robert C. Noonan.

Jesse S. Repass, 26, of Oakfield, is charged with petit larceny. Repass is accused of stealing from a location on Lewiston Road, Batavia, and was arrested by a state trooper.

'Basom' is missing in Alabama

By Billie Owens

"Basom" is a black and white dog with smooth, short hair that's been missing since about 4 p.m. Friday. He was last seen in the vicinity of Alleghany and Ledge roads in Alabama.

He is 2 years old with tall pointy ears. He's mostly black, but has white markings on his neck, the tip of his tail, and all four paws.

He has on a black collar with a red, heart-shaped I.D. tag that says Banfield 2393672, Clay County, Fla.

If you see him, please call (585) 762-8375 or (716) 474-4737 or (716) 474-4320.

The future of a Wegmans in Batavia hinges on the success of STAMP in Alabama

By Howard B. Owens

It's one of the most frequently asked questions from readers of The Batavian: Why is there no Wegmans in Batavia?

Danny Wegman, the company's CEO was at Genesee Community College today and he answered that question for us:

"If we get the STAMP project in, we would probably be very happy to move here," Wegman said.

STAMP is the propposed high-tech manufacturing facility Genesee County Economic Development Center is trying to bring to the Town of Alabama. It could eventually mean as many as 10,000 new jobs.

Though Wegman was too diplomatic to say it, clearly, his view is the current economy in Genesee County couldn't sustain a grocery operation the size and scope of Wegmans.

STAMP is a project of personal interest to Wegman because he's chairman of the Finger Lakes Regional Economic Development Council, one of 14 regional councils statewide assisting local IDAs in economic development.

Wegman is admittedly excited by the possibility of STAMP and believes it is something that could actually come together as an economic growth engine for the entire region.

"The high-tech arena is always exciting," Wegman said. "You always hear about it in California. Wouldn't it be nice if it was right here in our own backyard?"

We also asked Wegman about the GCEDC's $1.8 million in tax subsidies for COR Development and Wegman said he was unfamiliar with the project.

As a general rule, however, he said he opposes tax breaks for retail projects.

"I have to say I'm not real keen on that, since we’re a local business and we wouldn’t want somebody coming in and getting a real tax break..." Wegman said. "I think that’s divvying up a pot that’s already there. If the retailer helps grow jobs in some way that actually makes something, maybe, but most retailers don’t make things. That’s my view on it."

Asked if Wegmans would accept tax breaks to open a store in Genesee County, Wegman said, "I can’t say someone else shouldn’t and that we would. I don’t think that’s right, although we do make a lot of the food we sell, that's why I was giving you that exception."

YNN's Rose Eiklor pointed out to Wegman that there is a Facebook group called "Bring Wegmans to Genesee County." Wegman had never heard of it, but said he would take a look.

Law and Order: Restaurant manager accused of stealing from business

By Howard B. Owens

Charles Walker Brown, 37, of Canterbury Lane, Bergen, is charged with grand larceny, 3rd.  Brown, who was managing a restaurant on West Main Street Road, Batavia, is accused of using funds in excess of $3,000 for his own personal gain.

Jon Thomas Magliocco, 36, of Jackson Street, Batavia, is charged with failure to report a change of address as a sex offender. Magliocco was jailed on $5,000 bail.

Pamela J. Brochu, 53, of Portage Drive, Polk City, Fla., is charged with DWI, driving with a BAC of .08 or greater, aggravated unlicensed operation, failure to keep right and moving from lane unsafely. Brochu was stopped at 1:08 a.m., Thursday, on Judge Road, Alabama, by Deputy Joseph Corona.

Brendan D. Curry, 32, of Batavia, is charged with DWI and driving drunk with a child in the car. Curry was stopped at 1:50 a.m., Thursday, by State Police in the Town of Batavia.

Possible structure fire on South Pearl Street Road, Oakfield

By Billie Owens

A possible structure fire is reported at 7475 S. Pearl Street Road in Oakfield. It is believed to stem from an electrical problem in the basement, which is showing some white smoke. Oakfield Fire Department is responding and mutual aid is requested from East Pembroke, Town of Batavia, and Alabama, which is called to fill in at Oakfield's hall. Everyone is out of the building.

UPDATE 6:42 p.m.: The electrical circuits have been shut off and Oakfield is waiting for National Grid to arrive. All mutual aid responders back in service.

Man falls from roof, suffers complete dislocation of ankle

By Billie Owens

A 61-year-old man fell more than 20 feet off a roof and suffered "a total dislocation of (his) ankle" at 349 Wright Road. It's between Tesnow Road and the dead end. Alabama Fire Department is there and called Mercy Flight to the scene. Helicopter 5 out of Batavia is en route. Mutual aid by Indian Falls and Pembroke fire departments to establish a landing zone is requested. Sounds like they are going to remove a soccer net from a nearby neighbor's yard and land Mercy Flight there. Mercy Flight is hovering over the scene and a lone firefighter is scrambling trying to establish a landing zone. "We've got a visual. We'll prepare to land," says the pilot.

UPDATE 11:45 a.m.: Mercy medics just arrived along with Indian Falls and the helicopter has landed.

UPDATE 11:47 a.m.: A Mercy medic asks that Mercy Flight be told to shut down its engine because the patient is not yet ready to be transported.

UPDATE 11:49 a.m.: Pembroke has arrived.

UPDATE Noon: Mercy Flight is airborne and headed to Erie County Medical Center. Alabama, Indian Falls and Pembroke are back in service.

Driver who lost his wrecked car to fire charged with DWI

By Howard B. Owens

An Alabama resident this morning watched his car go up in flames following a one-car accident on Lewiston Road, then he was hauled off to Town Court on a DWI charge.

Joseph Bennett Clark, 20, of Reuben Road, Alabama, reported the accident at about 6 a.m. in the area of 383 Lewiston Road.

By the time the first deputy arrived, his car was on fire. By the time the first Alabama fire chief arrived, it was fully engulfed in flames.

A deputy had a hard time getting identifying numbers off the car once the fire was out, it was so badly burned.

Clark was taken into custody by Deputy Jason Saile and charged with DWI, driving with a BAC of .08 or higher, speed not reasonable and prudent, moving from a lane unsafely and driving left of pavement markings.

Clark reportedly suffered a minor injury as a result of the accident.

(Initial Report)

Wires down on Lewiston Road, traffic to be shut down

By Billie Owens

Wires are arcing and smoking at 1966 Lewiston Road. A tree has fallen or is leaning on some wires. A secondary line is down and completely blocking the roadway. Alabama Fire Department is on scene. Alabama Fire Police are shutting down Lewiston Road between Knowlesville and Alleghany. Oakfield Fire Police are shutting down Lewiston at Lockport Road.

UPDATE 4:29 p.m.: Alabama commands says that only tractor-trailers will not be allowed through. Personal vehicles will be handled by fire police. Oakfield has opted to shut down Lewiston at Judge Road. A tree crew from the power company is at the scene.

UPDATE 5:08 p.m.: Roads are reopened. Alabama and Oakfield are back in service.

Accident with a minor injury reported in Alabama

By Howard B. Owens

A one-car MVA is reported at Lewiston and Salt roads, Alabama, with a minor injury.

The driver has been on the phone with dispatchers. A passerby reports seeing blood on the driver.

Alabama Fire Department and Mercy EMS dispatched.

UPDATE 6:01 a.m.: Call back. The car is now on fire.

UPDATE 6:03 a.m.: Deputy on scene reports the vehicle is fully involved.

UPDATE 6:20 a.m.: Sounds like the car was completely destroyed. It's been difficult for law enforcment to get identifying information, such as the license plate number, from it.

UPDATE 6:46 a.m.: Alabama is in service.

Accident with injuries reported at Gorton Road and Lewiston Road, Alabama

By Howard B. Owens

A two-car accident is reported on Lewiston Road at Gorton Road, Alabama.

A person is trapped in a vehicle and there is at least one injury.

One vehicle is on its side.

Mercy Flight is available if needed.

A passerby is stabilizing the person who is trapped and reports smelling fuel.

Oakfield is requested mutual aid with extrication equipment.

A deputy reports both vehicles leaking fuel but no source of ignition at this time.

Traffic is being shut down at Route 63 and Maple.

Alabama fire and Mercy EMS responding.

UPDATE 6:44 a.m.: Mercy Flight 5 requested to the scene.

UPDATE 6:47 a.m.: A second Mercy ambulance requested to the scene.

UPDATE 6:52 a.m.: A medic on scene says Mercy Flight won't be necessary. Mercy Flight cancelled.

UPDATE 6:57 a.m.: Patient extricated.

UPDATE 8 a.m.: Alabama assignment back in service.

GCEDC paving way for possible medical device technology company at Med-Tech

By Howard B. Owens

Genesee County Economic Development Center is trying to get initial permitting completed on a proposed expansion of the Upstate Med-Tech Center on R. Stephen Hawley Drive just in case a specific medical device technology company wants to lease the space.

Mark Masse, VP of operations for GCEDC, told the County Planning Board on Thursday that a contractor has a potential leasee and is in negotiations now. Getting certain regulatory hurdles cleared now would help the process.

"If they reach an agreement, the potential leasee is working on a tight time frame," Masse said.

Masse doesn't know yet how many new jobs could be created by the company.

"They haven't gone before the board yet for incentives from us," Masse said. "More information would be available at that point in time, if it gets to that point."

The planning board unanimously approved site plan review for proposed 60,000-square-foot facility.

The board also unanimously approved a site plan review for a proposed 60,000-square-foot cold storage facility at the Genesee Valley Agri-Business Park.

Masse said GCEDC still owns the property the unnamed company is considering for the facility and sales negotiations are ongoing.

That company also has yet to come to the GCEDC board seeking incentives, so Masse doesn't know yet how many new jobs will be created by the facility.

In other board action:

  • Did not approve variances for applicants to operate a gift and hobby shop on Knowlesville Road, Alabama, and a country store on Tesnow Road, Alabama. The board encouraged the applicants to seek a zoning change with the town rather than get a variance to existing zoning.
  • Approved a special use permit for a home welding business at 7460 Alleghany Road, Alabama.
  • Declared that a proposed boarding house at 316 E. Main St., Batavia, isn't subject to county planning review. Owner Terry Platt is looking to convert a single-family home into a 12-room boarding house.
  • Approved subdivision and site plan review for 7,015-square-foot building to house a gun store, laser engraving business and indoor shooting range at 8240 Buffalo Road, Bergen.
  • Approved site plan review to rebuild a fabrication business at 1606 Broadway Road, Darien.
  • Approved, with modifications, a site plan review and area variance for a new Dollar General at 111 N. Main St., Oakfield.
  • Approved a site plan review for conversion of a former restaurant and apartment complex at 6309 Clinton Street Road, Stafford, into a four two-bedroom apartment and a single one-bedroom apartment complex.

Law and Order: Alleged equipment violation leads to arrest of Rochester man

By Howard B. Owens

Felipe Fernandez, 42, of Borinquen Plaza, Rochester, is charged with aggravated unlicensed operation, 1st , and motor vehicle lights not meeting standards. Fernandez was stopped by Deputy Joseph Corona at 11:48 p.m. Tuesday on Pearl Street Road, Batavia, for an alleged vehicle violation. Fernandez was jailed without bail.

Saul Doynsaday Standsblack, 34, of Parker Road, Basom, was arrested on a bench warrant related to an aggravated unlicensed operation, 3rd, charge. Standsblack was taken into custody on a Batavia City Court warrant following his release from the Erie County Jail on an unrelated matter. Standsblack appeared in City Court, entered a guilty plea, and was sentenced to 15 days in jail.

Michael Thomas Coffey, 44, of South Main Street, Albion, is charged with petit larceny. Coffey was arrested on a warrant out of Town of Elba Court.

Andriana D. Green, 19, of Amherst, is charged with assault, 3rd, and criminal mischief, 4th. Green was arrested Wednesday morning by State Police for an alleged incident reported at 2:14 p.m., Monday, at College Village. No further details released.

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