Robert Daniel Nowakowski, 38, of Bonnie Brae Drive, Darien, is charged with DWI, driving with a BAC of .08 or greater and failure to keep right. Nowakowski was arrested following an investigation into a traffic accident on Route 20, Darien, at 6:39 p.m., Thursday. Nowakowski stated he swerved to avoid a deer and reportedly overcompensated. His car struck a National Grid utility pole, shearing the pole near ground level. The accident was investigated by Deputy Patrick Reeves. (Initial Report)

Richard Matthew Godlove, 35, of Main Street, Oakfield, is charged with DWI, driving with a BAC of .08 or higher, failure to obey traffic control device, moving from lane unsafely and failure to notify DMV of address change. Godlove was involved in a motor vehicle accident at 7:03 a.m., Sept. 14 on Route 237, Byron. Godlove reportedly drove his vehicle on a closed portion of Route 237 and struck a concrete barrier. Godlove was arrested following completion of a toxicology test.

Ellen Marie Martinez, 26, of Main Street, Batavia, is charged with falsifying business records, 1st, and grand larceny, 3rd. Martinez is accused of falsifying Section 8 records while receiving benefits through Pathstone, resulting in $10,054 in wrongfuly obtained benefits.

This afternoon, Batavia Downs hosted a ribbon-cutting and grand reopening of its casino room expansion on the first floor of the historic facility.

The new gaming area has been open for a week and that first week of revenue exceeded by 20 percent the previous record week for Batavia Downs, said Ryan Hasenauer, marketing director for Batavia Downs.

The expanded casino area also includes a new sports bar called Rush 34, officially hosted by former Bills great Thurman Thomas.

Ribbon cutton: Assemblyman Steve Hawley, State Sen. Patrick Gallivan, State Sen. Mike Ranzenhofer and Maurice Gardner, representing the City of Buffalo.

Speaking is State Sen. Patrick Patrick Gallivan, who represents Erie and Wyoming counties, which are counties that also benefit from revenue generated by Batavia Downs.

Speaking, Assemblyman Steve Hawley.

Among the amenities in the expansion is a water fountain that drops water in sculpted form, be it letters spelling out Batavia Downs, symbols from slot machines or geometic patterns. Here's a video of the fountain:

A car accident with minor injuries is reported at Route 33 and Lyman Road in Bergen. Bergen fire and medics are responding. The vehicle is said to be about 20 feet off the roadway into some small trees.

UPDATE 7:35 p.m.: Bergen is back in service.

UPDATE 7:50 p.m.: An 18-year-old male is being taken to UMMC with complaints of left-side pain in his hip, back and ribs.

A car rammed into a power pole at 2510 Broadway Road (Route 20), west of Darien Alexander Townline Road. Live wires are down, a transformer is also down and leaking fluid. "The road is smoldering from arcing wires." Darien fire is responding and Mercy medics.

UPDATE 6:48 p.m.: Alexander Fire Police are called to stop all westbound traffic on Route 20 at Route 98. National Grid has been notified; no ETA given. A responder says a live line is down across the car. The driver is out and denies any injuries.

UPDATE 7:05 p.m.: Attica Fire Police are responding to shut down eastbound traffic on Route 20 at Route 238.

UPDATE 7:54 p.m.: The power for the lines has been shut off.

UPDATE 8:07 p.m.: Route 20 is reopened. Darien, Attica and Alexander are back in service.

A two-car accident is reported at Walkers Corners Road and Byron Road. A 62-year-old subject complains of chest pain. The vehicles are leaking fluid. Byron medics, Byron and South Byron fire personnel are responding.

UPDATE 6:03 p.m.: One of the vehicles is blocking the intersection.

UPDATE 6:42 p.m.: One person was transported to UMMC. Responders are back in service.

Press release:

Last night Congress passed a Continuing Resolution for Fiscal Year 2014, which included funding for the Natural Resources Conservation Service and various other federal agencies.

With the reopening of the Federal Government, each agency has been working diligently to open offices and start addressing the backlog created by the temporary lapse in service.

Here is the status for the Natural Resources Conservation Field Office, Batavia:

1. Field Office reopened Oct. 17th;  procedures for an orderly start-up have commenced.

2. The Genesee County Soil & Water Conservation District has begun moving its temporary quarters back to the USDA Service Center.

3. Web sites and other Web resources are coming back online for conducting daily tasks/operations.

4. Program deadlines will likely be extended – more guidance will be forthcoming.

5. Priority over the next couple weeks will be to insure USDA eligibility issues are being addressed, conservation practices are installed, certified and paid, and processing of new applications.

6. Designs, conservation planning, and HEL/WC requests are currently on hold.

Thank you for your patience during the government shutdown and if you have any questions about the status of your project, application or contract, please feel free to contact Heath Eisele, District conservationist USDA-NRCS Batavia Field Office.
 
Phone: 585-343-9167, ext. 115
Fax: 585-345-1815
Cell: 585-490-9365

A group of at least 12 people who finished touring a local farm returned to the bus only to find it gone. The full-size passenger bus, all their belongings, and the driver -- gone.

One of them called dispatch about their predicament and Sheriff's deputies are going to their location. We're not sure, but believe it is in the Elba area. The dispatcher said there is a language barrier.

UPDATE 5:31 p.m.: The location is on Watson Road, Elba.

UPDATE 5:51 p.m.: The bus driver left apparently over a dispute about payment. The bus that allegedly left the group stranded is described as a white bus with black trim, not as large as a Trailways bus. It has rear doors that swing open and it bears a New Jersey license plate. The male driver is wearing a tan jacket. People are trying to get another bus to the location, but the passports and other personal items are, of course, still on the bus that disappeared.

UPDATE (by Howard): The driver returned of his own volition. He said he felt bad and came back. His name is Hector and he's an independent operator out of New Jersey. He was hired by a company based in Staten Island. He was given a $1,000 up front, but was supposed to have already been paid another $7,800, he said. He showed me a text message from the person he claimed was the owner of the transportation company promising him $5,000 on Saturday. Of course, the tour is over by then so Hector wasn't impressed with promise. Hector agreed to take the tour members back to their hotel in Geneseo. He isn't, at this point, promising to continue with the tour. The tourists are from the Czech Republic on an agriculture tour of WNY.

A driver's alleged attempt to avoid a traffic control device at Route 33 and Batavia Stafford Townline Road drew the attention of a trooper this morning and led to a short pursuit that ended when the car struck a mobile home.

The driver of the car and her passenger where both arrested.

Cailee A. Neiss, 19, of Byron, was charged with several traffic violations including reckless driving and avoiding a traffic control device.

Nickolas Sutherland, 23, of Byron, was charged with criminal possession of a controlled substance, 7th, and unlawful possession of marijuana.

Neiss allegedly drove through the Arrowmart parking lot in an effort to avoid the stoplight at the intersection.

According to State Police, "the operator, upon seeing the flashing lights of the patrol car, attempted to avoid being stopped, drove recklessly turned onto Gaslite Lane and subsequently struck a mobile home causing minor damage."

Nobody was home at the time and there were no injuries reported in the accident.

Neiss was issued a summons; Sutherland was issued an appearance ticket.

Today the New York State Court of Appeals unanimously upheld the murder conviction of Scott Doll.

A jury found him guilty on May 20, 2010 of killing Joseph Benaquist, a fellow former corrections officer and business partner.

The main consideration of the appellate judges was whether the police took appropriate action under what's known as the emergency doctrine in detaining Doll without reading him his Miranda warnings and initially interviewing him without an attorney present. Law enforcement's response "to a serious and ongoing exigent situation under the emergency doctrine" was deemed reasonable.

In the ruling by the seven justices, the circumstances of the case were recapped:

On Feb. 16, 2009, Genesee County Sheriff's Deputy James Diehl responded to a report of a suspicious person walking on Lake Road in Pembroke and he found a man wearing a camouflage hunting outfit and a white hood. The man dropped a metal object and pulled a lug wrench from his pocket and the officer saw what appeared to be wet blood stains on the man's knees, thighs, hands and shoes.

When asked, the man produced a correction officer identity card with his name on it -- Scott Doll, who proceeded to say he was out walking to lower his blood pressure because he had a doctor's appointment the next day. He asked for a ride to his van at a car lot and the deputy agreed to take him there.

Once inside the patrol car, the firefighter who initially placed the 9-1-1 call came to the scene and told the officer that he'd noticed the defendant at the lot and the guy turned away and crouched between two cars to try and hide. Based on this information, the deputy told the defendant he was being detained until the situation was assessed. Doll was frisked and handcuffed.

When asked about the blood on his clothes, Doll said his was wearing his camouflage outfit because it was cold, but didn't explain why the clothes had wet blood on them. The deputy drove Doll to his van and discovered blood in several places inside and outside the van and bloody gloves nearby.

Soon other police officers arrived and noticed blood on Doll's face and noticed he left bloody footprints in the snow. Around this time Doll asked to speak to his divorce attorney. He was then questioned about whether the blood was from a deer or a human, Doll declined to explain the source of the blood or to take the officers to an alleged butchered deer.

Judge J. Gaffeo wrote: "These unusual circumstances caused the deputies to believe that a person may have been injured in an accident or assault so they continued to question (the) defendant despite his request for legal assistance."

Doll repeatedly told officers he couldn't answer their questions and police tried contacting his family and acquaintances to determine whether anyone needed emergency aid. Officers also searched the area for an injured person. Eventually, they went to the defendant's business partner's house and discovered Benaquist bludgeoned to death in his driveway. In the meantime, police impounded Doll's van and took him to the Sheriff's Office, where he was photographed, DNA tested, and his clothes seized.

Hours later, a friend and former coworker asked to speak with Doll. An investigator, who was aware of the business partner's demise, initially rebuffed the visitor. Then the investigator relented and said he would be staying in the room and taking notes.

Doll told the woman that the case didn't involve an animal; he had been present but didn't do anything; the case was "open and shut"; he would be going to jail and probably get what he deserved.

The investigation, indictment for second-degree murder and prosecution followed.

Doll's attorney, Paul Cambria, moved to suppress statements made to police and to his female friend, as well as all the physical evidence, primarily claiming his client had been arrested without probable cause, interrogated in violation of his right to counsel and without receiving his Miranda warnings.

Genesee County Court conducted an evidentiary hearing and ruled the detention and questioning of the defendant were justified under the emergency doctrine. However, County Court did suppress the defendant's DNA test results because the police could've obtained a warrant.

A jury subsequently convicted Doll of second-degree murder and he was sentenced to a prison term of 15 years to life. That conviction was appealed and in 2012 the Appellate Division majority determined the police actions were reasonable in this emergency situation. Two justices dissented, saying the emergency doctrine was not applicable since the police didn't know whether an actual crime victim existed.

The dissension allowed Doll's attorney to then appeal to the New York Court of Appeals. The justices agreed that police properly relied on the emergency doctrine in light of the "peculiar circumstances" they were confronted with because "...the emergency doctrine is premised on reasonableness, not certitude."

As to the defense seeking to suppress statements Doll made to his friend at the Sheriff's Office, saying it amounted to the police using the woman to conduct the functional equivalent of a custodial interrogation, the Court of Appeals disagreed. Its ruling states the purpose of the Miranda rule is to prevent government officials from "using the coercive nature of confinement to extract confessions that would not be given in an unrestrained environment." As a matter of law, Doll's conversation with his friend did not constitute an interrogation.

Finally, as to Doll's challenge of the legality of his detention by police, the panel ruled it had no merit.

With the basketball season only six weeks out, some of the regions top hoops players have been heading over to the Batavia High School gym two days a week to drill on the game's fundamentals -- shooting and ball handling.

"It's a lot of skill work and a chance to get a ball in their hands," said Buddy Brasky, Batavia's boys varsity head coach and leader of the mini-camp, which he's been running for about six years.

Jeff Redband, a junior with Batavia, has been coming to the camp for five years, said his participation has definitely improved his game.

"This camp is based on the basics, so you don't learn new stuff, but it makes you better at the things you really need to know," Redband said.

Each session includes ball-handling exercises and shooting drills, but Brasky noted drilling just two days a week isn't going to cut it. The 45 players participating -- which range in age from eighth grade to high school seniors -- need to practice and play every day if they're going to improve.

"We tell them you can only do so much here," Brasky said. "You've got to take what we do here -- we're only here two days a week -- and go home and do it on your own at home."

One of the drills involves shooting 100 baskets from at least 12 feet out, but that's just a drop in the bucket for the amount of practice necessary to become a competent shooter.

"The games give them the opportunity transfer what they're learning in skills in a game situation," Brasky said.

"You've got to get a couple hundred shots in a day," Brasky said.

Following drills, the players break off into four-on-four games, which give the kids a chance to play against players from all over the region, not just Genesee County and not just their own schools.

All that drilling on fundamentals has really paid off for Elba's Haley Brown.

"It helps a lot," Brown said. "It's made me a lot better shooter and ball handler and it shows during the season."

To purchase prints of photos, click here.

Press release:

A vehicle has reportedly hit a trial in a trailer park on Gaslite Lane, Batavia.

Two people were in the vehicle and both have been detained.

No injuries are reported.

UPDATE 10:43 a.m.: Reporter Alecia Kaus is on scene and reports that a State Trooper was attempting to perform a traffic stop on the vehicle and the vehicle didn't stop and the driver allegedly attempted to ditch the vehicle in the trailer park. Two people are being taken into custody. A trooper told dispatchers that at least one person faces a possible criminal possession of a controlled substance charge.

UPDATE 11:05 a.m.: The car struck the trailer in Lot #11. Nobody was home at the time.

Regional Sales manager Steve Ferraro, Branch manager Tammy Underhill, Staffing coordinator Ashley Paganello and Account Sales executive Nancy Gilmartin.

Coastal Staffing has expanded from Florida to Buffalo, Rochester, Avon and now its newest office within the Harvester Building in Batavia.

Regional Sales Manager Steve Ferraro says the company specializes in temporary and long-term staffing solutions. He believes that Coastal has found the perfect place to set up shop.

“With all the manufacturing companies right in our backyard, immediate business development is available,” Ferraro said. “We are excited to be in Batavia and look forward to arranging staffing for manufacturers, as well as hiring skilled laborers and administrative personnel.

Coastal Staffing has been around for more than 20 years and originated in Naples, Fla. They help employers find staff and individuals find employment.

“A company requests staff and our office finds the right candidate. We take care of the interviewing and paperwork -- including tax forms, payroll and workers compensation,” Branch manager Tammy Underhill said. “The company doesn’t have to worry about anything, because we take care of everything.”

Coastal Staffing believes it this their “personal touch” that sets them apart from competitors.

“When an individual is looking for a job, most agencies will have them complete an online application process,” Underhill said. “We want to interview people face-to-face and get to know them personally so we can provide solutions for their specific needs.

Staffing coordinator and Batavia native Ashley Paganello, along with Account Sales executive Nancy Gilmartin will run the office Monday through Friday from 8 a.m. to 5 p.m. Services for job-seekers are always free of charge.

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

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

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

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

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

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

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

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

The area includes a trailer park that is without power.

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

Press release:

Batavia Downs Gaming will be celebrating it Grand Reopening Celebration with a ribbon cutting and reception beginning at 3 p.m. this afternoon.

Attending will be members of the Western New York legislative delegation including State Senators George Maziarz, Patrick Gallivan, Michael Ranzenhofer as well as other local dignitaries including Assemblyman Steven Hawley. Former Buffalo Bill Ruben Brown will also be in attendance.

Following the ribbon cutting at 3 p.m. in the lobby, attendees are invited for tours of the facility and of Thurman Thomas’ new Sports Bar; 34 Rush. Drawings for Free Play and other Grand Reopening giveaways will occur on the gaming floor.

As a public benefit corporation, all profits from Western OTB and Batavia Downs Gaming net expenses are contributed back to the 15 counties and two cities of Western New York.

The first hint of dawn was on the Eastern horizon when Jeff Bartz pulled off the highway and onto the dirt lane that wound its way through a farm field. In the passenger seat was my grandson, 14-year-old Sammy Bartz who has accompanied his father on numerous hunts in recent years, but only in the role of an observer. On this day the roles would be reversed.

It was the first day of New York State's Youth Firearms Deer Hunt. In only its second year, the program allows junior hunters aged 14 and 15, and accompanied by a mentor who possesses a valid big game hunting license, to hunt deer. Under the terms of the hunt, the mentor is not allowed to carry a firearm, he/she is there for guidance only.

Despite the low light, as the Bartz' vehicle moved slowly along the dirt lane they were able to see several does feeding in the field beside them. On a nearby knoll, silhouetted by the first light of day, was a buck that the father and son estimated to be a six-point. Moments later Jeff and Sammy began the slow walk to their tree stand a quarter mile away through a hardwoods.

"On the way to our stand I could hear deer running off, just kicking up the leaves in their haste," said Jeff. "I figured we botched our hunt."

Not to worry. Not only would the elder Bartz' original plan for the morning pay off, there would be plenty of action forthcoming. Theirs was a strategy that began during midsummer when Jeff and Sammy first scouted a variety of locations before the actual placement of their tree stands. One such location was a large woodlot with an abundance of shagbark hickory and a smattering of beech trees. Last Saturday morning found the pair in those same woods, situated 12 feet off the ground in a buddy stand, a pre-fab ladder stand built for two hunters. Cradled in Sammy's arms was an Ithaca Featherlite 20-gauge, the same shotgun used by his great-grandfather.

The father and son tandem weren't seated very long when the action began.

"Four does came in first," said Sammy. No doubt they were intent on feeding on the bumper crop of hickory nuts that now littered the forest floor.

"A six-point came in right after that," he continued, "and then another buck right behind him. That one was a six-point, too." That's when a skirmish ensued as the two combatants squared off and began shoving back and forth. When asked what the does did at this time, Sammy said, "they all stopped eating to watch." 

At this point Sammy turned to his father and asked, "What should I do?", to which Jeff replied that it was his son's own decision to make. Sammy didn't know it yet, but he was about to have his decision made for him.

The two bucks were still going at it when a newcomer arrived on the scene. Both bucks stopped battling as another buck, an eight-point, strutted onto the scene. Sammy raised the Ithaca 20, but with the big buck walking broadside behind leafy growth at 75 yards, he wasn't afforded a clear shot. Noting the direction the buck was headed, Sammy picked an opening between two tree trunks and waited. The opening was slight so once the deer moved into it Sammy had little time. With the buck still on the move, the young hunter took the shot and the buck went down, flailing on the forest floor only briefly before it was up and bounding away.

Both father and son got a good look at the directon in which the deer ran off and decided to wait 45 minutes before climbing down out of their stand. After what must have been an incredibly long wait for Sammy -- no doubt his adrenaline pumping to beat the band- - they began the tracking process. After 20 minutes and 150 yards, Sammy let out a loud whoop after spotting the antlers.

His cheeks flush, a broad smile on his face said it all. Certainly the events that unfolded on this morning will be forever embedded in his mind. And as for Jeff, who has put a great deal of venison in the family freezer over the years, how did this outing rank among all the others? Savoring the moment he said, "This was by far the best hunt I've ever experienced."

Press release:

“Tonight (last night), the House voted to increase our national debt by over $300 billion without achieving a single spending cut. I could not, in good faith, vote in favor of this legislation which only adds billions to the credit card bill our children will be left to pay.

America has a significant and dangerous spending problem that most of Washington is content to ignore. On behalf of my constituents, I will not ignore this fact. Kicking the can down the road is what caused this problem and Washington has to muster the political courage to deal with it for the future of our country.”