Another motor-vehicle accident is reported on Route 490. This one is in the westbound lane, also at mile marker 1. A vehicle went off the road and struck a tree. Unknown injuries. Bergen and Le Roy fire departments and Le Roy medics are responding.
UPDATE 11:33 a.m.: Responders report finding no such vehicle anywhere in the area. The assignment is back in service.
A rollover accident with injuries is reported on the eastbound Route 490 at about mile marker 1. Bergen and Le Roy fire departments are responding, along with an ambulance from Bergen and one from Caledonia, mutual aid.
UPDATE 11:18 a.m.: An engine and crew from Pavilion are called to fill in at Le Roy's fire station.
UPDATE 11:20 a.m.: Le Roy command requests the Pavilion crew to stage in their own quarters instead.
A person allegedly poured gasoline on a vehicle at 22 Brooklyn Ave. and allegedly caused other damage has a gun. City police are responding and Mercy medics are told to stage in the area.
UPDATE 10:29 a.m.: "Right now we're in the real early stages of investigating a call that came in (about) 10 o'clock this morning that someone poured gasoline on a vehicle and had a gun. We came down here and set up a perimeter," said Det. Richard Schauf. "No one we've talked to has seen a gun. ... We immediately called the school and told them not to let anyone leave. We cleared the house and separated the parties involved. We had the fire department and medics on standby." A K-9 officer happened to be in the area at the time of the call and responded, although he was not specifically requested. Schauf said there was evidence that gasoline was poured on a vehicle and the fire department cleaned it up. The detective said a total of four people are being interviewed about this incident. No one was injured. No one is currently under arrest, although he didn't rule out the possibility of someone being charged. He said they cleared the house and went in thinking there might be weapons; there were none. Dogs inside were contained by a resident. As to the purported gun, it seems to be a case of someone heard someone say someone had a gun but nothing more than that. The motivation for pouring gas on the vehicle has not yet been determined.
UPDATE 1:48 p.m.: City police just issued a press release about this morning's incident at 22 Brooklyn Ave. Two people have been charged in the case. Thomas A. Culver, 37, who lives at that address, is charged with two counts of second-degree menacing, and one count of second-degree reckless endangerment. Raquel D. Duval, 27, no address provided, of Rochester, is charged with one count of second-degree criminal trespass. The details: "The police dispatch was notified via 9-1-1 by a female occupant of 22 Brooklyn Ave. that there was a female at the residence who did not belong there and was refusing to leave. The female refusing to leave was later learned to be Raquel Duval. Information continued to be received as police were being dispatched that Thomas Culver, a resident of 22 Brooklyn Ave., was pouring gasoline on what was later learned to be Duval’s vehicle, which was parked in the road in front of the house. Reports were that Culver was threatening to light the car on fire. As Police units arrived more information was relayed from police dispatch that Culver may be in possession of a gun. The Batavia Police with the assistance of the Genesee County Sheriff’s Office and NYS Troopers coordinated a perimeter around 22 Brooklyn Ave.. The Business Agri Child Development Center located near the scene was placed into a lock down condition. City of Batavia Fire Dept. and Mercy Medics were placed on standby and staged in the area. Police contact was made with an occupant of 22 Brooklyn who followed police directions to have persons in the house leave one at a time and be secured to determine the facts of the incident. The house was then checked for any unknown persons or weapons. As a result of the investigation it was determined that, Duval and Culver had an outstanding financial situation which Duval was attempting to resolve when Culver did display what appeared to be a handgun, which later turned out to be a BB gun that replicated an actual gun, he then proceeded to pour what appeared to be a flammable liquid on her car and threatened to burn her and the car when she would not leave the house."
A caller on East Main Street, Batavia, reports hearing a noise this morning and when he went outside some time later, he found a brick and a broken window on his house and a broken window on a vehicle.
Police are responding to take a report.
A motor-vehicle accident with injuries is reported in Le Roy at East Main and Church streets. Le Roy fire and ambulance are responding.
Rachel C. Marks, 25, of Heritage Street, Albion, is charged with DWI, driving with a BAC of .08 or greater and unsafe backing. Marks was allegedly observed by Officer Matthew Wojtaszczyk at 1:37 a.m. Jan. 23 on West Main Street, Batavia, backing into another vehicle and striking it.
Derek Ernest Dingman, 28, of Porter Avenue, Batavia, is charged with DWI, driving with a BAC of .08 or greater, aggravated unlicensed operation, 3rd, drinking alcohol in a motor vehicle on a highway. Porter was stopped at 1:17 p.m. Tuesday on West Main Street, Batavia, by Deputy Joseph Corona.
Shentelle Christine Gagnon, 25, of East Avenue, Brockport, is charged with promoting prison contraband, 1st, criminal possession of a hypodermic instrument and criminal possession of a controlled substance, 7th. Gagnon is accused of bringing drugs and drug paraphernalia into the Genesee County Jail.
Gregory A. Emerson, 33, of Park Road, Batavia, was arrested on a warrant for alleged failure to comply with instructions of Genesee Justice, failure to appear and failure to pay fine. The charges stem from a DWI conviction in 2014. Emerson was released on his own recognizance.
Roseann Cooper, 46, of Pearl Street, Batavia, was arrested on a warrant for alleged failure to appear and failure to pay a fine. Cooper was originally convicted of petit larceny. She was released on her own recognizance.
Matthew R. Hinze, 25, of Ellicott Avenue, Batavia, is charged with unlawful possession of marijuana and uninspected motor vehicle. Hinze was stopped for an alleged uninspected vehicle violation at 10:40 a.m. Tuesday on Court Street, Batavia, by Officer James DeFreze, who reported seeing drug paraphernalia in the vehicle and subsequently found a quantity of marijuana on the person of Hinze.
Press release from Imagination Station:
Due to the water main break in between the Robert Morris School and Notre Dame School, we are having to close our Batavia facility early today. We request that all students are picked up by 3:30 p.m. We sincerely apologize for the inconvenience.
Press release:
On Jan. 25, students at Byron-Bergen Elementary School hosted representatives from the Ugandan Water Project, a humanitarian organization headquartered in Bloomfield that works with communities in Africa to provide safe, accessible drinking water.
After learning how precious water is to children and families in Uganda, students took on the challenge to help raise funds to install a rainwater collection system at a school there. The system will serve a community of almost 400 people for up to 35 years. Byron-Bergen students will change lives.
“It is just as important to us to help kids here in Byron-Bergen see how powerful they are; how every one of them is capable of changing the world, as it is to bring safe drinking water to villages in Uganda,” said Ugandan Water Project Executive Director James Harrington. “Our purpose is to help kids grow on both continents.
"The connection between Byron-Bergen and Uganda began last year with a chance meeting between Harrington and third-grade teacher Lynnette Gall. Thanks to the elementary school’s Character Education Committee, with help from educational experts at the Ugandan Water Project, teachers school-wide are incorporating the concept of water as a valuable resource into their studies of world culture, geography, and science.
Students will learn how water is used, where water comes from, about the water cycle, and the problems caused by unequal distribution of water around the world.
The Ugandan Water Project presentation began with joyful Ugandan folk music played by Harrington, and a chance for children to try out traditional dance steps. Students then experienced what it is like to try to carry a 40- to 50-pound container of water — a task faced by many Ugandan children who live over an hour from their water source.
Harrington and Ugandan Water Project Communications Lead Megan Busch then spoke about their water projects, over 250 currently, and demonstrated how something as simple as a small filter can make unsanitary water safe to drink.
The nonprofit Ugandan Water Project was founded in 2008, and works with more than 200 communities in Uganda. Their water solutions include rainwater collection systems, well repair and water purification systems. To contribute to Byron-Bergen Elementary School’s campaign visit http://ugandanwaterproject.com/product/byron-bergen/ by Feb. 12.
Top photo: Special water filters can purify otherwise undrinkable water. Byron-Bergen students and their teachers join Ugandan Water Project Executive Director James Harrington in sampling clean, safe filtered water.
Byron-Bergen Elementary School students shake their tail feathers as part of a traditional Ugandan dance.
Students try to imagine carrying heavy containers of water over long distances. Many Ugandan children their age face this daunting task every day.
A 46-year-old Pringle Avenue resident has been arrested by Le Roy PD, accused of stealing five checks from an acquaintance, forging her name and cashing them at a local bank.
Noel M. Wentworth is charged with five counts of criminal possession of a forged instrument, 2nd, one court of criminal possession of stolen property, 4th, and two counts of petit larceny.
Wentworth allegedly took the checks in June while staying with the acquaintance.
In July, Wentworth alleged possessed a credit card belonging to the same person and used the card to withdraw money from the bank.
The petit larceny charges stem from the cash Wentworth allegedly received from the bank.
Following arraignment, Wentworth was released under supervision of Genesee Justice.
Mike Rapone, athletic director for Notre Dame HS, has discovered some holes in the school records on who has won male and female Athlete of the Year awards. The school is planing to rennovate the display in the entrance hallway.
Rapone said he would like to properly recognize the achievements of each year's winner and is asking members of the community to help identify past winners where the records are incomplete. If you have the information for the years below, please e-mail michael.rapone@ndhsbatavia.com.
Female Missing Years: 1957 / 1959 / 1961 / 1966 / 1973 / 1975 / 1976 / 1978 / 1980 / 1989 / 1992 / 1993 / 1995
Male Missing Years: 1956 / 1960 / 1961 / 1965 / 1966 / 1968
Press release:
There is a water main break on Union Street in front of Notre Dame High School, a Water Department crew has responded to begin the repairs. Water service on Union Street will be affected in this area, and water discoloration may be noticed in the surrounding areas. Union Street will be closed to traffic between Richmond Avenue and Soccio Street until repairs are complete.
The repair of the water service line on Washington Avenue has been completed.
UPDATE: 4:50 p.m.: Union Street has reopened. The Break is repaired.
Two months ago, members of the City Council were unanimous in their support of proceeding with a study of a potential merger between the city's police force and the Sheriff's Office.
Monday night, support for such a study dwindled to three, Adam Tabelski (who wasn't on the council in November), Brooks Hawley and John Canale.
Councilwoman Rose Mary Christian opened the discussion with her change of heart. Christian said she heard from at least 11 of her constituents who support keeping a city police force and she also spoke with officers about how police protection might decline following a merger.
"I want to keep our police department," Christian said. "Crime is going up and there's no doubt drugs are running rampant."
Christian, like several other council members, was also scared off the potential $80,000 to $100,000 cost of a merger feasibility study.
"I don't want a study," Christian said. "It's a waste of money."
Canale tried to argue that most of that expense would be covered by state grants and the city, county and Village of Le Roy, would likely share only 10 percent of that expense.
Canale said he thinks that small expense to the city is a good investment since it could lead to greater cost savings down the road.
Council President Eugene Jankowski pointed out that even if the bulk of the cost is covered by a grant, a grant is still taxpayer money.
For most of 2015, the city was moving toward a proposal to build a new police station, replacing the cramped and dilapidated building the police currently call home, with a police facilities task force making a recommendation for a new station on vacant property on Swan Street.
A new station could cost $10 million.
Once the council received the recommendation, there was board support for the proposal and calls not to "kick the can down the road" any further on the need to provide police with an appropriate and modern facility.
Then at a meeting in November, at least a half dozen members of the local Libertarian Party showed up at a council meeting and blasted the proposal, especially without first studying the idea of eliminating the police department and going to a countywide agency.
Unanimously, the council agreed to explore the idea and instructed a committee to open discussions with the county.
Christian and Kathy Briggs both said they heard after that meeting from their constituents that they didn't want to get rid of the police department.
"In the 5th Ward, when there's a problem, the police are there immediately," Briggs said. "I like that we have a quick police response and I don't want to lose it."
Christian said she feared calling the police only to be told by dispatchers that all of the officers are out on Creek Road dealing with a minor incident and it will take 15 minutes for a patrol to reach her house.
Jankowski pointed out that in a merged department, there are other communities in the county that feel they don't currently have enough police protection and some resources earmarked for the city could wind up in villages and towns.
While at the November meeting Jankowski, a former city police lieutenant, went along with the city request, he also argued for many of the benefits of a local police department and noted many of the cost savings already taking place through multiple shared services.
Monday, he recalled that the last time there was going to be "just a study" of merged services, the city wound up losing its own emergency dispatchers.
The council will take up the issue of a new police facility and how to move forward at its next conference meeting in February.
Businesses with digital signs should be able to change their message every 10 seconds, City Council President Eugene Jankowski suggested during Monday's council meeting.
He wants the city's Planning Board to review that suggested rule change and come back to the council with a recommendation. His fellow council members unanimously concurred.
The current ordinance is interpreted to prohibit a business from changing the message more than once every 24 hours.
Jeremy Liles, owner of Oliver's Candies, raised the issue with the city a couple of months ago after installing a new digital sign outside of his business at Main and Oak streets.
The suggested change, Jankowski said, is an important step toward supporting local businesses.
Two parcels of property that are part of the city's brownfield opportunity area are advancing in the redevelopment process.
The City Council approved resolutions Monday night that will make it possible for the Batavia Development Corp. to take over ownership in order to prepare the property for sale to a private developer.
The transfer is contingent on a successful tax foreclosure process.
Both properties, at 40-52 Ellicott St., the former Dellapenna property, and 56-70 Ellicott St., the former Santy Tire's location, along with other businesses, have been elligible for tax foreclosure for some time, but the city has let the properties sit in limbo to avoid becoming responsible for the expense of environmental cleanup.
City Manager Jason Moliono wouldn't confirm that property title transfer to BDC signals that Economic Development Coordinator Julie Pacette has identified a specific private owner for redevelopment of the properties, but the resolutions passed by the council indicate a developer is waiting in the wings.
The resolutions both say, "the BDC has agreed to accept title to said property and work towards executing agreements with a preferred developer for redeveloment of the site consistent with the accept Brownfield Opportunity Area Step 2 Nomination Plan ..."
The BOA covers all of the city's central corridor and is 366 acres. It affords an opportunity to provide developers with assistance in revitalizing abandoned, blighted and underused properties.
The BDC has been working for years to establish the designation, identify properties for redevelopment and market those properties to potential developers.
There's no information available yet on who the developer might be, what is planned for the property, or when the next steps will be announced.
Ashly Marie Majchrzak, 26, of Pittsford Street, Rochester, is charged with possession or transport for sale of untaxed cigarettes, unlawful possession of marijuana and no seatbelt. Majchrzak was stopped at 11:28 a.m. Monday on Route 77, Alabama, by Deputy Joseph Corona for allegedly not wearing a seatbelt. She was allegedly found in possesion of 1,400 untaxed cigarettes and a quantity of marijuana.
Andrea Aldinger provided this picture of alumni of the Alexander High School Wrestling Team on Alexander's Alumni Night.
Front row, from left: Alton Rupp, 2014, Austin Heberlein, 2012, Brian Schaal, 1994, Tyler Aldinger, 2012, Nick Wall, 2010; back row, Todd "Beep" Marzolf, 1993, Rob Smith, 1986, Keith Morton, 1992, Tom Aldinger, 1983, Dan Ognibene, 2012.
Press release:
Today, YWCA of Genesee County, alongside YWCA USA and more than 220 other YWCAs around the country, launched a brand awareness campaign meant to reintroduce YWCA, share its life-changing work and invite people to join us on our mission to empower women and eliminate racism.
“Our agency has really worked hard to get out into the community, and this awareness campaign will only further our efforts to reach those in need of our services,” Executive Director Jeanne Walton said. “Since domestic violence is not going away, we are excited to be able to serve more victims and survivors, in addition to providing quality, licensed child care to families, in Genesee County.”
YWCA is on a mission
For more than 150 years, YWCA has been at the forefront of the most critical social movements — from voting rights and civil rights, to affordable housing and pay equity, to violence prevention and health care reform. But despite important work being done on the ground by more than 220 local associations across the country, not enough people understood the size, impact or relevance of YWCA.
This organization helps more than 2 million women and children each year in the United States; and worldwide, YWCA serves 25 million women and girls in 120 countries. In the past year the Batavia-based YWCA has:
There are still unmet needs. With a population of about 60,000 in Genesee County, it is certain there are still many people to reach with our services. With this brand awareness campaign, we invite the public to join us on a mission, and help even more women, children and families.
YWCA of Genesee County is on a mission to eliminate racism, empower women, stand up for social justice, help families and strengthen our community. For more information about how you can help with this vital effort, go to www.ywcagenesee.org or call (585) 343-5808.
Press release:
The City of Batavia Water Department will be making a repair on a broken water service line on Washington Avenue Tuesday morning at 9 a.m. Water service should not be interrupted to make this repair. Please try to avoid the area between Bank Street and Summit Street as travel lanes may be restricted.
The attorney handling the murder conviction appeal of Scott F. Doll is asking for a hearing on why a Monroe County medical examiner testified during Doll's trial that fingernail clippings were taken and retained from the victim, Joseph Benaquist, when they were not.
Timothy Murphy argued his motion today in Superior Court, but presiding judge Michael F. Pieturszka was full of skeptical questions.
Repeatedly, in various ways, Pieturszka asked Murphy what would be gained by a hearing when it's already known that the evidence doesn't exist. A hearing isn't going to suddenly produce the evidence, the judge noted.
Murphy argued that is presumably in the best interest of the court to find out why the trial judge -- Robert C. Noonan -- was misled about the existence of the fingernail clippings. Murphy also repeatedly stated that he didn't blame the DA's Office for the missing evidence, but he thinks the ME's Office should explain the now clearly false testimony that the evidence was collected.
At the time of trial, neither the DA nor the defense, led by Paul Cambria, requested DNA evidence from the fingernail clippings. The lack of the evidence was only discovered after Judge Robert C. Noonan, now retired, ordered the Monroe County ME's Office produce it.
Scott LaPoint, a deputy ME, testified in Doll's trial that the evidence is routinely collected and that it was collected in this instance.
Pieturszka asked what the pratical result of a hearing might be since a hearing wouldn't make evidence appear that didn't exist.
"The court is entitled to know why an order was not enforced and fully enforced," Murphy said, arguing that it was in the best interest of the court to find out why false testimony was given and why the ME's Office wasn't able to satisfactorily produce evidence Noonan ordered produced.
The fact that there may have been a third person's DNA at the scene of the crime, on Benaquist's left boot, made the inquiry all the more important, Murphy asserted, but Pieturszka asked whether even that fact was relevant without any idea of how the DNA came to be introduced into the crime scene.
It's an incomplete DNA sample, so a third person cannot be identified with it. There's no indication that, if there was a third person present, it was at the time Benaquist was killed, or if it was on Benaquist's boot prior to the attack, or if it accidently came from an investigator after the fact.
ADA Will Zickl argued that even if Murphy's request had merit, it wasn't related to the motion presently before the court. Zickl said Murphy could bring a new motion to uncover the information he seeks, but the fact that the evidence doesn't exist and can't be produced ends the original motion that prompted the discovery of the mistake.
Murphy also wants hair samples from Benaquist subjected to DNA testing to see if any third-party DNA might be found. But Zickl argued that it was such a bloody crime scene and the hair was covered so thoroughly with Benaquist's blood, there is nothing to be gained by another round of tests.
"The pulled hair samples are not worth the trouble it would take the lab to test it in light of the circumstances," Zickl said.
Pieturszka is reserving his decision until a later date. He gave Murphy two weeks to file a memo supporting his position, and Zickl two weeks after that to produce an answering memo.
Previously: DNA sample can't be matched to 2009 murder victim, nor the man convicted of killing him
Forl all previous coverage of the Scott Doll case, click here.
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