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Accident reported on Warboys Road, Byron

By Howard B. Owens

A car-into-pole accident is reported in the area of 6418 Warboys Road.

A first responder on scene says the driver is not in the vehicle but there's blood on the steering wheel.

Byron and South Byron fire departments dispatched.

There is debris in the roadway and wires are down.

Fire police requested to close the roadway.

UPDATE 11:47 p.m.: Responders are checking a nearby field for the driver. There is also a resident who thinks she may have heard somebody enter her house but isn't sure. She is waiting outside for police.

Byron-Bergen closes out school year with performance of 'Sneaky Weasel'

By Howard B. Owens

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Press release:

On June 19, the Byron-Bergen learning community and the community-at-large were treated to a special stage adaptation of “Sneaky Weasel,” a children’s book by author Hannah Shaw, performed by fourth-graders.

The show featured the talents of the entire class working together as actors, assistant directors, narrators, dancers, stage crew and scenery designers, sound effects artists, and costume designers. The story centered on an unhappy bully, Sneaky Weasel, who finally discovers how to be a friend.

“Our students have been working on the project for several weeks,” said fourth-grade teacher Alyson Tardy, who along with teachers Jenna Carney and Kelly Morriss, wrote the stage play and directed the performance. “They have each contributed their best efforts.

"It’s been really great seeing students find talents they didn’t know they had, kids stepping up to help each other, and quiet children coming out of their shells to get onstage in front of an audience. The arts are so important for development and this has been a wonderful opportunity for our students to really stretch themselves and shine.”

Top photo: “Sneaky Weasel” featured players (l-r) Grace DiQuattro, Joel Lamb, Simone Scharvogel (as Sneaky), Megan Jarkeiwicz, and Katherine Rogoyski.

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Mama Weasel (Gianna Graff) with all her weasel-y offspring (Madisyn Rodak, Logan Czachorowski, Madison Hutchings, Sidney Maher, and Connor Copani.)

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The cast included narrators plus singing and dancing hedgehogs, rabbits, sheep, rats, mice, shrews, dogs, and even a chicken.

Free meals for kids this summer in Oakfield, Alabama, Byron and Bergen

By Billie Owens

Press release:

The Oakfield-Alabama and Byron-Bergen Central School districts announce their participation in the federal (USDA) Summer Food Service Program (SFSP) offering delicious, convenient, economical and healthy meals July 9 through Aug. 10. Meals will be provided to all children without charge.

No paperwork necessary; although O-A participants are asked to register online for the Oakfield town park program.

Oakfield-Alabama

There will be a free lunch-only program just for children at the Elroy Perkins Memorial Town Park on Drake Street in Oakfield (also known as the Oakfield Town Park). Food will be served from 12 to 12:45 p.m. Monday through Friday. Register online for the Oakfield park program, then just show up for a great lunch. 

For questions, call the school district cafeteria at 948-5211, ext. 4234; or the Town of Oakfield at 948-5835.

Byron-Bergen

Both breakfast and lunch will be served weekdays in the cafeterias at Byron-Bergen Jr./Sr. High School (6917 W. Bergen Road, Bergen). Breakfast is served from 8:15 to 9:15 a.m.; lunch is served from 11 a.m. to 12:15 p.m. at both locations. Adults can eat, too, and will pay $2.50 for breakfast and $4 for lunch.

Also, at the Byron Community Park, lunch only will be available just for children from 11 a.m. to 12:15 p.m. The park is located behind the Byron Fire Hall. Kids eat free.

For questions, call 494-1220, ext. 1015.

About the USDA

In accordance with Federal civil rights law and U.S.Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, sex, disability, age, or reprisal or retaliation for prior civil rights activity in any program or activity conducted or funded by USDA.

Persons with disabilities who require alternative means of communication for program information (e.g. Braille, large print, audiotape, American Sign Language, etc.), should contact the Agency (State or local) where they applied for benefits. Individuals who are deaf, hard of hearing or have speech disabilities may contact USDA through the Federal Relay Service at (800) 877-8339.

Additionally, program information may be made available in languages other than English.

To file a program complaint of discrimination, complete the USDA Program Discrimination Complaint Form, (AD-3027) found online at: http://www.ascr.usda.gov/complaint_filing_cust.html, and at any USDA office, or write a letter addressed to USDA and provide in the letter all of the information requested in the form.

To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by: (1) mail: U.S. Department of Agriculture Office of the Assistant Secretary for Civil Rights 1400 Independence Ave., SW Washington, D.C., 20250-9410; (2) fax: (202) 690-7442; or (3) email: program.intake@usda.gov.

Large portion of eastern part of county without power

By Howard B. Owens

There are power outages affecting some 2,200 National Grid customers in the eastern part of Genesee County, primarily in Le Roy and South Byron and parts of Bergen.

The outages appear to be part of a larger set of outages in Livingston and Monroe counties.

We don't know yet the cause of the outage.

Emergency dispatchers are aware of the outages but have no information about the outage so calling emergency dispatchers about the outages would not be helpful.

Callers are reporting a tendency of motorists to not obey four-way stop protocols at intersections without power to their traffic signals.

National Grid does report that power should be restored around 6 p.m.

UPDATE 5:03 p.m.: A spokesman for National Grid says there was an equipment failure in a transmission line that runs through the Genesee region. More than 11,000 customers lost power. The cause of the equipment failure is under investigation.

UPDATE 5:25 p.m.: The transmission line is repaired. National Grid engineers are now in the process of a controlled restoration of power for those customers who lost power. The ETA is still approximately 6 p.m. for that work to be done.

UPDATE 5:39 p.m.: It looks like power has been restored to most of the customers in Genesee County, though there appears to be a separate, possibly unrelated power outage in Stafford. There are 111 customers without power. A work crew has not yet been assigned to the outage through its estimated power will be restored by 6:45 p.m.

Tractor-trailer rollover, no injuries, in Byron

By Howard B. Owens

A tractor-trailer rollover accident with no injuries is reported at Bergen Road and South Holley Road, Byron.

Fluids are leaking.

Byron and South Byron dispatched.

UPDATE 4:55 p.m.: Mercy EMS requested to the scene for evaluation of back pain.

UPDATE 5:08 (By Billie): The driver was initially believed to be uninjured, but subsequently complained of back pain and Mercy medics are called to evaluate him. Command at the scene says the rig dumped half a load of liquid manure because of the accident. No other vehicles were involved. Sawdust is being trucked in from a nearby farm; sand from the highway department may be required, but that has not been deemed necessary at this point.

Woman says there's a Komodo dragon in her hallway

By Billie Owens

Law enforcement is responding to a residence on Byron Holley Road after an allegedly highly intoxicated female called dispatch to report there's "a Komodo dragon in her hallway."

These carnivorous lizards are not something to mess with, according to wikipedia. They've been known to grow 10 feet in length and weigh up to 150 pounds. They will attack humans.

Click here to learn more about the Komodo dragon.

Law and Order: Man accused of stealing money from lost wallet

By Howard B. Owens

Matthew J. Hyland, 38, of Canandaigua, is charged with petit larceny. Hyland was arrested following an investigation by a trooper into the theft of $103 from a wallet that had been accidentally left on a counter by a customer at the TA Travel Center in Pembroke. The customer reported returning for the wallet and finding $103 had been removed from the wallet. The trooper used video surveillance to help identify Hyland as a suspect. According to State Police, Hyland admitted to the larceny and stated he wanted to return the money to the owner. Hyland turned himself in to State Police at the Batavia Barracks.

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      Adam Arsenault

Adam J. Arsenault, 32, of Hutchins Street, Batavia, is charged with menacing a police officer, resisting arrest, and criminal possession of a weapon. Arsenault allegedly brandished a knife at police officers who were attempting to arrest him on a warrant. He was jailed without bail.

Scott David Beswick, 44, of Pratt Road, Batavia, is charged with criminal contempt. Beswick is accused of consuming alcohol at his residence in violation of a court order of protection.

Nathan Robert Arnold, 26, of Terry Street, Byron, is charged with criminal obstruction of breathing. Arnold allegedly obstructed the breathing of another man while engaged in a fight at 7:35 p.m. Wednesday at a location on Terry Street, Bryon.

Bleyke Z. Culver, 21, of Walnut Street, Batavia, was arrested on a warrant for alleged failure to comply with court-ordered programs as part of his sentencing on a conviction. He jailed on $1,000 bail or $2,000 bond.

Latiqua S. Jackson, 24, of East Main Street, Batavia, is charged with criminal possession of stolen property, 5th, and conspiracy, 6th. Jackson was arrested on a warrant. Jackson is accused of pawning, trading or selling stolen property and that she was aided by at least one other person. She was jailed on $2,500 bail.

Luis Alberto Ramos-Mercado, 33, of South Main Street, Batavia, is charged with criminal trespass, 2nd. Ramos-Mercado is accused of entering another person's dwelling through a window without that person's knowledge or permission.

Edward R. Loper, 30, of West Main Street, Batavia, is charged with criminal possession of stolen property, 5th. Loper was arrested on a warrant while incarcerated in the Genesee County Jail on unrelated charges.

Nathen Edward-Donald Brege, 25, of Alleghany Road, Basom, was arrested on a warrant for alleged failure to appear for sentencing on a resisting arrest charge. He was jailed on $2,500 bail.

Matthew J. Florian, 29, of Slusser Road, Batavia, is charged with DWI, driving with a BAC of .08 or greater, and following too closely. Florian was stopped at 11:18 p.m. Saturday on West Main Street, Batavia, by Officer Arick Perkins.

Byron-Bergen Builders Club members donate $500 to Behavioral Health Treatment Center at Unity Hospital

By Billie Owens

Student members of the Byron-Bergen Builders Club with Byron Kiwanis Club sponsors and RRH’s David Catalino (right), who gave the group a tour of the recreation center.

Submitted photo and press release:

On May 23, Byron-Bergen Jr./Sr. High School Builders Club members presented a check for $500 to representatives from Rochester Regional Health’s Behavioral Health Treatment and Chemical Dependency Center at Unity Hospital.

Led by Builders Club president, 10th-grader Jacey Donahue, the student delegation was welcomed to the Center by community relations managers Tiffany Carnevale, Valerie Donnelly and Brad Pearson from the RRH Gifts Foundation, along with Center Manager Jennifer Esten, supervisor Kristen Weber and Recreation Director David Catalino.

The group was accompanied by Byron-Bergen teacher and faculty advisor Andrea Feeney and Byron Kiwanis Club sponsors Robert Wood and President Karen Jaczynski.

Members of the Builders Club, who range in age from 7 to 15, have been working hard in their community this year, helping others and raising money through coin collection and raffles.

After researching a number of local organizations, the group decided to donate their funds to the Chemical Dependency Center.

After the ceremony, the group learned more about the operations at the organization and then toured the recreation center, where their money will be put to use purchasing new equipment.

Supervisor Weber explained the importance of exercise at the Center.

“Many people in recovery have not experienced fun, sober activities for a very long time," Weber said. "The exercise and recreation equipment we can purchase with the help of Builders Club funds will aid patients in setting and achieving goals for themselves.

"Thanks to these young people, our patients will build confidence that they can persevere and better their lives.”

Builders Club Member Hannah Catalino (the daughter of the Center’s recreation director), strongly advocated for supporting the organization’s work. She and the other members recognized that the Byron-Bergen community, like many others, is experiencing the problem of substance abuse, affecting fellow students and their families.

Earlier this year, they created handmade cards for the Center to help inspire and motivate recovering patients.

“I think what the Center does is important,” Hannah said. “I see how deeply the people here care for patients. They all feel it in their hearts and we in the Club do, too. We all wanted to help.”

Builders Club has been active at Byron-Bergen Jr./Sr. High School for three years and has about a dozen members. The group began at the Middle School, but has expanded the opportunity to all students in the district who are willing to make the commitment to service.

This year, they’ve volunteered for the Salvation Army and at the Miracle Mile for the Golisano Children's Hospital. They’ve participated in hurricane relief efforts for Puerto Rico and at the Elementary School’s Fall Festival. They can also be seen helping out at community pancake breakfasts.

“Byron-Bergen is a NYS School District of Character and our students support many activities that promote character,” said Club Advisor Feeney. “Builders Club supports the development of character and leadership.

"Everything members do during the year is their idea and their choice. They choose to give back, to better their community and to aid those in need.”

The Byron-Bergen Builders Club members are: Sarah Fraser, Liam Feeney, Andrea Feeney, Jacey Donahue, Hannah Catalino, Claire Williams, Logan Lewis, Robert Wood, Courtney Pakusch, Evan Harter and Karen Jaczynski.

Town of Byron to update Comprehensive Plan, draft now available, public info meeting is Thursday night

By Billie Owens

Press release:

The Town of Byron has been working on an update of the Town’s 1993 Comprehensive Plan. A DRAFT Plan Update is now available.

The Comprehensive Plan is a document that guides and controls future growth and development in the community. It looks at the Town’s existing conditions and past trends, and sets forth a vision for the future, along with strategies for how to improve conditions in the Town.  

One of the most important steps in updating the Comprehensive Plan is getting public involvement. We want to be sure the plan reflects the community’s vision for Byron’s future.

The Town will be hosting a public information meeting on Thursday, May 24th at the South Byron Fire Hall to get your input. It is located at 7389  Route 237, South Byron.

The doors will open at 6:30 p.m., and the project team will present the DRAFT Plan Update for informal questions and discussions.

A brief presentation will begin at 7 p.m., followed by the opportunity to voice your opinion and ask questions.

You may view the DRAFT Plan Update (PDF) on the Town’s website here.

A printed copy is available for viewing at the Byron Town Clerk’s Office.

Town of Byron Comprehensive Plan Chairman George Squires can be reached via email at: soilsquire@rochester.rr.com

Law and Order: Teen accused of trespass on Washington Avenue

By Howard B. Owens

Brooke L. Brumber, 18, of Washington Avenue, Batavia, is charged with criminal trespass, 2nd. Brumber was arrested on a warrant. She allegedly entered a residence on Washington Avenue at 8:01 p.m. May 3 without permission after being told she was no longer welcome there.

Matthew James Cratsley, 42, of Buell Street, Batavia, is charged with failure to report a change of address and failure to complete verification form. Cratsley allegedly moved and failed to notify the NYS Sex Offender Registry. He is also accused of failing to complete the annual registration form. 

Jonathan Peter Smith, 40, of Little Canada Road, East Bethany, is charged with DWI, driving with a BAC of .08 or greater, moving from lane unsafely, and failure to signal. Smith was stopped at 1:28 a.m. May 13 on Main Street, Batavia, by Sgt. Thomas Sanfratello.

Sammy Lee Domthongmivanh Jr., 29, of Halstead Road, Alexander, is charged with: DWI; driving with a BAC of .18 or greater; failure to keep right; moving from lane unsafely; failure to attach registration sticker to vehicle. Domthongmivanh was stopped at 11:49 p.m. Saturday on Main Road, Pembroke, following a complaint of traffic offenses, by Deputy Eric Meyer.

Riecha B. Morris, 34, of Hawks Nest Circle, Greece, is charged with operating a motor vehicle while impaired by drugs. Morris was stopped at 9:33 a.m. Friday on West Main Street, Batavia, by Officer Kevin DeFelice following a complaint of erratic operation.

David L. Castaneda Trejo, 19, of Byron, is charged with criminal trespass, 2nd, and making a false written statement. Castaneda was arrested on an incident reported at 11:22 a.m. Sunday in the Town of Byron by State Police. No further details released.

Matthew J. Lamkin, 36, of Batavia, is charged with criminal mischief, 4th. Lamkin was arrested in connection with an incident reported at 11 p.m. Sunday in the Town of Batavia by State Police. No further details released.

Alexandria C. Pisarek, 25, of Corfu, is charged with acting in a manner injurious to a child. Pisarek was arrested in connection with an incident reported at 11:50 a.m. May 9 in the Town of Bergen by State Police. No further details released.

Eight Genesee County students earn degrees from Nazareth College in Pittsford

By Billie Owens

Five Nazareth College undergraduate students who are from Genesee County earned their bachelor's degrees at the 91st Annual Commencement ceremony that took place at the Blue Cross Arena in Rochester on May 13.

  • Marissa Colantonio, of Batavia, graduated with a bachelor's degree in History with a minor in Political Science.
  • Savannah Gill, of Le Roy, graduated with a bachelor's degree in Music Education.
  • Hannah Green, of Byron, graduated Cum Laude with a bachelor's degree in Health Sciences with a minor in Psychology.
  • Siena Pullinzi, of Batavia, graduated with a bachelor's degree in Studio Art.
  • Dakota Pursel, of Pavilion, graduated with a bachelor's degree in Biomedical Sciences with a minor in Psychology.

In addition, three Genesee County students earned graduate degrees and were recognized at the May 13 Commencement. They are:

  • Sarah Gray, of Corfu, earned their Master of Science in Music Therapy.
  • Brittni Loewke, of Bergen, earned their Master of Social Work in Social Work.
  • Andrea Raphael, of Batavia, earned their Master of Science in Occupational Therapy.

Nazareth College's academic strengths cross an unusually broad spectrum of 60 majors, including education, health and human services, management, the fine arts, music, theater, math and science, foreign languages, and the liberal arts.

The coeducational, religiously independent, classic campus in Pittsford, a charming suburb of Rochester, N.Y., challenges and supports 2,000 undergrads and 800 graduate students. Nazareth is recognized nationally for its Fulbright global student scholars and commitment to civic engagement. Rigorous programs, an uncommon core, experiential learning, career skills, and a global focus prepare graduates for not just one job, but for their life's work.

Law and Order: Second suspect arrested in liquor store burglaries

By Howard B. Owens
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        Edward Perdue

Edward F. Perdue, 57, of Rome, is charged with burglary, 3rd, conspiracy, 5th, and petit larceny in connection with his arrest as the suspected burglar of Plaza Spirits in November. He is also charged with identify theft, 3rd, and petit larceny because he is accused of using a using a stolen credit card. In a third set of charges, Perdue is charged with burglary, 3rd, grand larceny, 4th, conspiracy, 5th, and petit larceny for his suspected role in the burglary of Mr. Wine & Liquor in August. Perdue is currently confined to the Mohawk Correctional Facility and following arraignment was released back into the custody of DOCs. (Previously: Arrest made in thefts from two local liquor stores.)

Morgan L. Cox Jr., 26, of Central Avenue, was arrested on a warrant for alleged failure to appear on traffic tickets. He had been cited for alleged unlicensed operation involving alcohol and speeding and driving without a license. He was jailed on $1,000 bail.

Rae C. Cook, 29, of Central  Avenue, Batavia, was arrested on a warrant for alleged failure to appear in City Court. She was held on $250 bail.

Thomas E. Brenkus, 50, East Main Street, Batavia, is charged with DWI and driving with a BAC of .08 or greater. Brenkus was stopped at 7:20 p.m. Saturday on Clinton Street by Officer Arick Perkins.

Tatiana C. Lugo, 23, no permanent address, is charged with criminal trespass, 2nd, and resisting arrest. Lugo allegedly refused to leave a residence on North Spruce Street, Batavia, at 10:40 p.m. Friday. She was jailed on $2,000 bail or $4,000 bond.

Paul C. Ferro, 23, of South Pearl Street, Oakfield, is charged with criminal possession of a controlled substance, 7th, possession of a hypodermic instrument, and aggravated unlicensed operation. Ferro was located on Central Avenue at 1:37 p.m. May 3 and allegedly found in possession of heroin and a hypodermic needle.

Michelle L. Misiak, 52,  was arrested on a warrant out of City Court. She was jailed on $250 bail.

Carolann Hyde, 61, of Burke Drive, Batavia, is charged with petit larceny. Hyde is accused of stealing from her employer, a business on East Main Street, Batavia.

Brian Anthony Knox, 34, of Quaker Road, Scottsville, is charged with DWI, driving while impaired by drugs, possession of a hypodermic instrument, and inadequate plate lamp. Knox was stopped at 10:22 p.m. Thursday on Townline Road, Bergen, by Deputy Austin Heberlein.

James Carl Davis, 28, of Eagle Harbor Road, Albion, is charged with DWI, driving with a BAC of .18 or greater, improper right turn, failure to obey traffic control device, and speeding. Davis was stopped at 2:39 a.m. Sunday on Lewiston Road, Batavia, by Deputy Joshua Brabon.

Christopher James Doxy, 33, of East Center Street, Medina, is charged with criminal obstruction of breathing, criminal mischief, 4th (preventing an emergency call), harassment, 2nd, and unlawful imprisonment, 2nd. Doxy was arrested following an investigation by Deputy Erik Andre reported at 11 a.m. Thursday at a location on Lewiston Road, Alabama.

John Paul Emilio Dougherty, 23, of Tracy Avenue, Batavia, is charged with DWI, driving with a BAC of .08 or greater, speed unreasonable, moved from lane unsafely, and driving left of pavement markings. Dougherty was arrested following an investigation by Deputy Jeremy McClellan into a vehicle accident on West Sweden Road, Bergen, at 2:20 a.m. Friday.

Michael John Romanowski, 45, of Green Leaf Meadow, Rochester, is charged with DWI, driving with a BAC of .08 or greater, refusal to take a breath test, and open container. Romanowski was stopped at a checkpoint on Lewiston Road, Alabama, at 8:07 p.m. Thursday by Deputy Jeremy McClellan.

Lovelle William Ince, 20, of 106th Avenue, Queens Village, is charged with two counts of criminal mischief, 4th. Ince allegedly punched a large hole in a wall and damaged a door at College Village in an incident reported at 4:21 p.m. on May 6.

Joseph Jonathan Kuzma, 38, of Byron Holley Road, Byron, is charged with grand larceny, 3rd, trespass, and criminal possession of stolen property, 5th. Kuzma was arrested by Deputy Ryan DeLong following an investigation into stolen property on Byron Elba Road. He allegedly stole property valued at more than $3,000. He was previously charged with petit larceny. He was also charged with trespass for knowingly and unlawfully entering and remaining on the premises. He allegedly knowingly possessed stolen property with intent to benefit himself in June 2016.

David W. Hockenberry, 30, of Tonawanda, is charged with driving while impaired by drugs, license plate violation, and moving from lane unsafely. Hockenberry was stopped at 5:40 p.m. Nov. 30, in Darien by State Police. He was arrested Friday. No further details released.

Mark A. Stoneham, 57, of Elba, is charged with DWI, driving with a BAC of .08 or greater, leaving the scene of a property damage accident, and moving from the lane unsafely. Stoneman was stopped at 8 p.m. Thursday in the Town of Pembroke, by State Police.

Terrence S. Morgan, 23, of Rochester, is charged with DWI, driving while impaired by drugs, unlawful possession of marijuana, driving without a license, aggravated unlicensed operation, and speeding. Morgan was stopped at 2:30 a.m. Saturday on Route 33, Byron, by State Police. As part of the traffic stop, Asiana I. Wedlow, 21, of Rochester, was charged with criminal possession of a controlled substance, 7th.

Vehicle accident reported on North Byron Road, Byron

By Howard B. Owens

An accident is reported on North Byron Road, perhaps in the area of 5500 N. Byron Road, Byron.

One person has self-extricated. Another person is still in the car, possibly with broken ribs.

A utility pole is sheared off and wires are down.

UPDATE 9:41 p.m.: Both patients extricated.

UPDATE 9:53 p.m.: One patient being transported to Strong, the other to UMMC.

Man who spent most of the last 22 years avoiding court after arrest gets prison sentence reduced on appeal

By Howard B. Owens

It's been 22 years since Guadalupe Hernandez was arrested on a burglary charge in the Town of Byron but just this past week an appeals court ruled his three-to-six-year sentence handed down in 2016 was "too harsh."

The sentence was reduced to one year.

Hernandez, 41, was first arrested in 1996. He failed to appear for his arraignment on the felony charge and was re-arrested in 2011. In November, he entered a guilty plea with a sentence cap of five years in prison. He then disappeared again -- in both cases, he reportedly left the area -- and wasn't re-arrested until 2016.

The Appellate Division, Fourth Judicial Department, agreed with the argument by Hernandez's attorney that the sentence was unduly harsh considering the nature of the crime.

"My understanding is that it may have been in part because of the nature of the burglary," District Attorney Lawrence Friedman said. "Apparently, there was a fight going on outside of a residence and, I believe, the defendant chased someone else into the residence and continued it, or did something, but entered with the intent to commit a crime.

"So it's not what you probably think of as your typical burglary. It wasn't someone breaking into someone's home to steal something. So that certainly may have been one of the factors weighed on appellate division finding this to be harsh."

The court rejected the defense contention that Hernandez wasn't properly warned that if he failed to appear in court he would lose his sentence cap, stating that since Hernandez didn't object in court he had failed to preserve that contention for court review.

Friedman said overturning sentences as too harsh is rare, primarily because most sentences are part of a plea agreement and the defendant clearly agreed to these terms.

Some years ago, Friedman's office started requiring defendants who enter a plea agreement to waive their right to appeal the sentence as a condition of the plea deal. Hernandez was convicted before that practice was established.

Law and Order: Man accused of burglary extradited from Tennesee

By Howard B. Owens

Dylan James Perry, 36, of Kingsbury Avenue, Batavia, is charged with burglary, 3rd, and petit larceny. Perry is accused of entering a business on Route 20 in Darien on Dec. 4 and stealing money. He was located in Manchester, Tenn., and extradited to New York.

Michael Joseph Panepento, 21, of North Street, Le Roy, is charged with assault, 3rd. Panepento is accused of punching another man several times in the head causing substantial swelling, bruising, and a cut, during an argument at a home in the Town of Pavilion at midnight April 28.

Jennifer A. Noll, 38, of Harvester Avenue, Batavia, is charged with soliciting alms in violation of Batavia Municipal Code. Noll is accused of asking people for money near Kwik Fill at 99 Jackson St., Batavia, at 10:22 p.m. April 30.

Darien Leonard Rhodes, 25, of Dellinger Avenue, Batavia, is charged with unlawful possession of marijuana. Rhodes was allegedly found in possession of marijuana at 5:10 p.m. May 1 at a location on Dellinger Avenue.

Steven M. Morales, 42, Lewiston Road, Batavia, is charged with criminal possession of a controlled substance, 7th. Morales was charged following a traffic stop where he was allegedly found in possession of a glass crack pipe with residue. He was stopped at 1:21 p.m. May 3 on Central Avenue by Officer Marc Lawrence.

Erin M. George, 30, of Horseshoe Lake Road, Batavia, is charged with DWI, driving with a BAC of .18 or greater, and speeding. George was stopped at 2:13 a.m. April 27 on Main Street, Batavia, by Officer Mitchell Cowen.

Angela Reanee Bateman, 45, of East Main Street, Batavia, is charged with criminally using drug paraphernalia, 2nd. Bateman was charged following a report into a disturbance on Pringle Avenue at 4:11 a.m. May 1 by Sgt. Eric Bolles.

Miguel E. Alvarez, 23, of Maple Street, Batavia, is charged with petit larceny and unlawful possession of marijuana. Alvarez is accused of stealing the property of another person on Maple Avenue on April 25. He was allegedly found in possession of marijuana at the time of his arrest.

James C. Emerson, 56, of Church Street, East Pembroke, was arrested on a warrant for alleged failure to appear. He was arrested in Wayne County and turned over to Batavia PD. He posted bail and was released.

Ahdeosun Richaud Aiken, 19, of Ellicott Avenue, Batavia, is charged with criminal mischief, 4th. Aiken is accused of damaging property during an argument at 1:45 a.m. May 3 at a location on Hutchins Street, Batavia.

Nicholas Matthew Erway, 21, of East Robinson Road, North Tonawanda, is charged with DWI, driving with a BAC of .18 or greater, stopping on a highway. Erway was allegedly found sleeping behind the wheel of his vehicle at 12:04 a.m. May 6 while it was stopped on Route 77 in Alabama by Deputy Howard Wilson.

June Ann Weinart, 28, of Freeman Road, Byron, is charged with DWI, driving with a BAC of .08 or greater, speeding, moving from lane unsafely, and open container. Weinart was charged following a traffic stop at 3:23 a.m. Saturday on Batavia Stafford Townline Road, Batavia, by Deputy James Stack.

Bruce Kenneth Ames, 51, of Washington Avenue, Batavia, is charged with unlawful possession of marijuana and unnecessary smoke/vapors. Ames was stopped at 8:20 p.m. May 1 on Ellicott Avenue by Deputy Austin Heberlein. He was accused of having unnecessary smoke/vapors coming from his vehicle. Ames was allegedly found in possession of a green leafy substance that he identified as marijuana.

Kevin Wayne Napier, 34, of Kendall, is charged with bail jumping, 3rd, and aggravated unlicensed operation, 3rd. 

Richardo Sampel, 48, of Batavia, is charged with criminal contempt, 1st, and Emily D. Schramm, 32, of Alabama, is charged with criminal contempt, 2nd. Sampel and Schramm were arrested together in Alabama by State Police on an incident reported at 10:17 p.m., April 24. Both were ordered held in jail. No further details released.

Sarah J. Ehrman, 38, of Scio, is charged with criminal possession of a controlled, 7th, and unlawful possession of marijuana. Ehrman was arrested May 3 in the Town of Alexander by State Police. No further details released.

At Byron's 45th annual dinner, awards handed out, new officers installed

By Virginia Kropf

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Zack Johnson, center, was named Firefighter of the Year at Byron Fire Company’s awards banquet. Presenting his award were Chief Robert Mruczek, left, and 1st Asst. Chief Dwane Wetherell.

Byron Fire Company’s 45th annual awards and installation dinner in March celebrated dedicated service and recognize those who support the fire service.

The hall was packed with what Rich Lucas, former president and master of ceremonies, called one of the best turnouts ever for the firemen’s banquet.

Honored guests included representatives from Pavilion, Town of Batavia, Bergen, Clarendon, Elba, Pembroke/Indian Falls and Stafford fire departments, as well as local officials and members of Genesee County Emergency Management.

Fire Chief Robert Mruczek reported Byron Fire Company had responded to 245 calls in 2017.

A moment of silence was observed for longtime member Bud Alexander, who died during the past year.

“He helped us build this department,” Lucas said.

Recognized for the most training hours was Dwane Wetherell with 1,028 hours.

Shelby Fairchok had a combined 256 training hours for fire and EMS.

Recognized for their commitment to the fire department were Genesee County Emergency Management; Byron Exempts, who made a donation of $2,000 to the department; and Tammy Wells on behalf of the Ladies Auxiliary.

Top responders during the year were John Durand, 146 calls; Edward Sharp, 125; Robert Mruczek, 115; Zach Johnson, 88; Dwane Weatherell, 83; and Michelle Weatherell, 77.

Those honored for years of service were Les Stevens, 50 years; Peter Lockner, 45; Tim McKenrick, 35; Kevin McKenrick, 30; Steve Lockner, 30; John Durand, 30; Charles Durkee Sr., 25; Joseph Wells, 20; Sandy Johnson, 20; Charles Durkee Jr., 15; Edward Sharp, 10; Zach Johnson, 10; and Cory Russell, 5.

Mickey Truax and Cory Russell each received a pecial service award, Truax for 42 years of dedicated service, and Russell for always being willing to go above and beyond.

Zack Johnson was named “Firefighter of the Year.”

“He pushes himself to the highest level possible and gives his all,” Dwane Weatherell said.

Johnson’s mother, Sandra Johnson, said Zack takes after his dad, who was a chief at the Byron Fire Department and died in 2011.

“Zack was brought up in the fire company,” she said. “He has been hanging out here since he started walking. He came here with his father, who taught him early how to run the pumps.”

Tammy Wells acknowledged Auxiliary members Daisy Streeter for 50 years of membership and Pat Shaw for 35 years.

Barbara Read announced Lori Mruczek as “Ladies Auxiliary Member of the Year,” for always having lots of ideas and energy to help the Auxiliary.

Officers for 2018 were installed by Jim Bouton.

Firematic officers are Robert Mruczek, chief; Charles Durkee, 1st asst. chief; Zack Johnson, 2nd asst. chief; Justin Baxter, captain; Bill Dix, 1st lieutenant; Paul Carr, 2nd lieutenant; Victor Flanagan, fire police captain; Paul Carr, fire police lieutenant; and John Durand, safety officer.

Administrative officers are Victor Flanagan, president; Steve Lockner, vice president; Michelle Weatherell, secretary; Tammy Wells, treasurer; John Durand, sunshine committee; Tony Barniak, chairman of the board; Ken McKenrick, Kevin McKenrick, Tim McKenrick and Dan Stevens, board of directors; Kevin McKenrick, chaplain; and Cory Russell and Jacob Shultz, sergeant-at-arms.

Rescue Squad officers are Brad Nickerson, captain; Michelle Weatherell, lieutenant; Katherine George, secretary; Laura Platt, treasurer; and Dr. Sara Connelly, medical director.

Ladies Auxiliary officers are Tammy Wells, president; Laura Platt, vice president; Michelle Weatherell, secretary; Judy Yager, treasurer and sunshine committee; Lori Mruczek, special events; and Brenda Miller and Barbara Read, board of directors.

Exempts are Tim McKenrick, president; Dave Barringer, vice president; Ken McKenrick, secretary; and Dave Chupp, treasurer.

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Byron Fire Chief Robert Mruczek, left, and 1st Asst. Chief Dwane Weatherell, right, presented Les Stevens with a plaque for 50 years of membership during the fire company’s 45th awards banquet in March.

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Byron Fire Chief Robert Mruczek stands next to his wife, Lori, after she was named Ladies Auxiliary Member of the Year at Byron Fire Department’s awards banquet by Auxiliary President Tammy Wells and Board Member Barbara Read.

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Michelle Weatherell, center, was named Emergency Medical Technician of the Year at Byron Fire Company’s annual banquet. With her are Byron Fire Chief Robert Mruczek, left, and EMS Chief Brad Nickerson.

UPDATED: Two men who reportedly fled police get to meet K-9 'Destro'

By Howard B. Owens

Two men who reportedly led law enforcement in Livingston County on a chase and were later spotted by a deputy in Genesee County allegedly tried to flee on foot after a one-vehicle car crash at Route 262 and Bank Street Road in Byron at 4 a.m.

Their effort led to a manhunt, joined by Deputy Chris Erion and K-9 "Destro." As a result, both men required treatment at UMMC for dog bites, according to Chief Deputy Joseph Graff.

One of the men apparently had a prior stomach injury and was reportedly throwing up blood at the scene. As of this afternoon, he was still a patient at UMMC. The other man, Michael Collier, 45, of Rochester, was arraigned this morning on charges of criminal possession of stolen property, fleeing a police officer, 3rd, reckless driving, and aggravated unlicensed operation, 3rd.

Charges are pending against the man still in the hospital.

Graff said the incident started after Sheriff's dispatch was notified of a chase in Livingston County.  

A deputy spotted a vehicle matching the description of the Livingston County vehicle but did not initiate a chase. Instead, the deputy followed the vehicle.

It crashed at Bank Street Road and Route 262 in Byron and the occupants tried to flee. 

Erion and Destro were dispatched to the scene. One subject was captured quickly and the other remained on the loose for a little while. When each of the subjects was found, Destro initiated a bite and hold to help incapacitate them so they could be taken into custody.

Graff said the bite injuries were not serious.

UPDATE Friday, 10 a.m.: Additional information has been released by the Sheriff's Office. The suspects were pursued in Livingston County after a report that they were involved in a theft of merchandise from a department store in Geneseo. It was Deputy Jeremy McClellan who first observed their vehicle on Route 5 in the Town of Batavia. The suspects fled and crashed at Route 262 and Bank Street Road. State Police and Batavia PD assisted in the search of the area. Collier's passenger has been identified as Gary L. Weese, 44, of West Avenue, Medina. He is being charged with criminal possession of stolen property in the 5th degree. He remains hospitalized for health issues unrelated to the incident. Bail for Collier was set at $50,000.

(Initial Report)

National Grid crews working to restore power to 1,150 customers

By Billie Owens

From National Grid:

Work crews (local and outside) are busy throughout Genesee County with restoration efforts ongoing following the yesterday's high winds that brought down a lot of trees and power lines. The current number of customers out of power is 1,150.

The areas with the largest number of customer outages are Darien, Bergen and Byron.

Currently, crews are active in the following areas:

  • Darien
  • Byron
  • Bergen
  • Alexander
  • Oakfield
  • Stafford
  • Le Roy
  • Pavilion

Law enforcement incident in Byron reported, one subject at large

By Billie Owens

Several law enforcement units are on scene at Route 262 and Bank Street Road in Byron and looking for a suspect who fled on foot following a chase.

A missing "gun alert" has been issued; officers found an ammunition clip in the suspect vehicle but a gun is nowhere to be found.

We do not know what prompted the initial chase.

A second suspect is in custody and is thought to be throwing up blood; "he has had several stomach surgeries." Mercy medics are called to the scene to evaluate the patient.

UPDATE 4:28 a.m.: Medics are called to evaluate a second patient who has been bitten by a dog.

UPDATE 4:49 a.m.: Two patients are transported to UMMC.

First responders called to weather-related incidents county-wide

By Billie Owens

NOTE: Readers, if you have weather-related photos, photos related to anything in this post, email them to howard@thebatavian.com

A tree is down, partially blocking the roadway at 10840 Bowen Road in Alexander. Alexander firefighters are responding with a chainsaw to cut the tree and remove it.

In the area of the Log Cabin Restaurant, a transformer and three or four power lines are down in the roadway. The location is 1227 Gilmore Road. Pembroke and Indian Falls fire departments are responding. National Grid is notified; no ETA -- "They're obviously are dealing with multiple issues."

Wires and/or tree branches are reported down on Whitney Mill Road in Elba.

UPDATE 10:41 a.m.: A tree and wires are down and entangled at 3583 Batavia Oakfield Townline Road.

UPDATE 10:43 a.m.: Tree down across the roadway at 9555 Beaver Road, Alexander.

UPDATE 10:44 a.m.: Tree and/or wires down on Francis Road, between Brown Road and Route 20, Bethany.

UPDATE 10:46 a.m.: Tree and wires down at 2781 Shelby Road. Oakfield Fire Department responding.

UPDATE 10:50 a.m.: DPW requested by City Fire to Cherry and Pringle for a large limb down blocking the roadway.

UPDATE 10:54 a.m.: National Grid is reporting 10 areas in Genesee County with power outages. The largest, 41 customers, is in Pavilion, in the area of Texaco Town. In Elba, Townline Road is being shut down at Pekin Road for a tree down.

UPDATE 10:59 a.m.: A tree has fallen into a residence at 3189 W. Main Street Road, Batavia. East Pembroke Fire dispatched.

UPDATE 11 a.m.: A semi-truck rollover accident is reported on Route 77 in front of Darien Lake Theme Park. Unknown injuries. Unknown cargo. Darien Fire dispatched.

UPDATE 11:04 a.m.: A large pine tree is reportedly down across the road in the area of 3525 Rose Road, Batavia. On Darien truck accident, truck is empty, no injuries, no fuel spill. Darien Fire can respond non-emergency.

UPDATE 11:08 a.m.: There is a power outage in East Pembroke with 40 customers without service. In Pembroke, a poll with a transformer is leaning with low hanging wires in front of Yancys Fancys.

UPDATE 11:23 a.m.: A box truck rollover accident is reported on Route 77 at McGregor Road, Darien. Injuries are reported. There are reportedly two occupants in the truck. Darien Fire dispatched. A chief is requesting that Route 77 be shut down to truck traffic.

UPDATE 11:27 a.m.: Route 5 is being shut down for westbound traffic at Route 77.

UPDATE 11:30 a.m.: Wires in trees with flames is reported on Dodgeson Road and Seward Road, Alexander. Alexander Fire responding.

UPDATE 11:35 a.m.: A tree and wires down, no fire, in the area of 2257 Countyline Road, Darien.

UPDATE 11:46 a.m. There is reportedly a car on tree branches and wires with a fuel leak in the area of 2023 Indian Falls Road, Pembroke. There are occupants in the vehicle. East Pembroke fire responding. No sparks are flames. Wires down at 118 E. Main St., Le Roy. A tree is down and blocking at Circular Hill Road and Wilcox Road, Byron.

UPDATE 12:10 p.m.: A tree is down on a house on Union Street. No structural damage. No wires down but it looks like the rest of the tree might come down soon.

UPDATE 12:13 p.m. A tree has come down on a gray Toyota Avalon at the McDonald's in Le Roy. It's unoccupied. Unknown owner at this time.

UPDATE 12:15 p.m.: In Alabama, 90 National Grid customers are without power.

UPDATE 12:20 p.m.: If we've got the right call here, occupants extricated at incident on Indian Falls Road.

UPDATE 12:24 p.m.: A dispatcher informs a Sheriff's patrol supervisor that there is a long list of pending hazardous conditions calls.

UPDATE 12:28 p.m.: A tractor-trailer rollover is reported in Pavilion on Route 63 at Court Road. Pavilion fire dispatched. Unknown injuries. Unknown cargo.

UPDATE 12:35 p.m.: Route 63 is being shut down. The driver can't be located. A pole with transformer is broken. The location is in Wyoming County. A Wyoming County deputy is in route. There is a fuel leak.

UPDATE 12:37 p.m.: The driver is in a pickup truck parked roadside.

UPDATE 12:38 p.m.: Oakfield fire is dispatched to 7001 Lewiston Road, the Oakfield-Alabama Central School District, bus garage, for a fire alarm in the gas island.

UPDATE 12:41 p.m.: On Pavilion truck accident, Mercy ambulance can continue non-emergency. Probably a sign-off. The trailer is empty. Small fuel spill to clean up.

UPDATE 12:46 p.m.: Westbound Route 5 in Le Roy is being shut down by Le Roy fire at York Road. We didn't catch the reason.

UPDATE 12:50 p.m.: Limb down on Pringle Avenue, Batavia. No electrical lines involved.

UPDATE 1:01 p.m.: A two-car accident is reported at Buffalo Street and Attica Road, Alexander. Alexander fire dispatched. Unknown injuries. A large tree is down on South Main Street. South Main is being closed at River and at Dewey.

UPDATE 1:13 p.m.: Wires arcing, 8503 Lover's Lane Road. East Pembroke fire dispatched.

UPDATE 1:15 p.m.: Tree down blocking on Gilbert Street, Batavia. Also, State Street is being blocked.

UPDATE 1:22 p.m.: Photo submitted by Cherie Chatt of a tree down on a house in Oakfield.

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There is also a tree down on wires at 2781 E. Shelby Road. Oakfield Fire Police on scene.

UPDATE 1:25 p.m.: Tractor-trailer rollover accident reported at 6744 Quaker Hill Road, Elba. Unknown injuries. Unknown cargo. Elba fire dispatched.

UPDATE 1:28 p.m.: Reader-submitted photo of tree down on South Main Steet, Batavia.

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UPDATE 1:31 p.m.: Power outage in Elba, 316 customers without power. 

UPDATE 1:37 p.m.: Tree down on Fisher Road, Oakfield.

UPDATE 1:44 p.m.: Law enforcement dispatched to Lewiston Road in the area of the Thruway overpass for a report of a person in black pants and a black jacket with red hat looking in mailboxes.

UPDATE 2:23 p.m.: Traffic lights are out in the city at Main and Oak streets.

UPDATE 2:54 p.m.: Photo of Lewiston and Main, Batavia, about 30 minutes ago. There were strong winds and heavy snow for a short period. Every traffic light on West Main is out of service.

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UPDATE 3:52 p.m.: It was a very busy day for emergency dispatchers. Sheriff William Sheron shared the photos below from one of the busy times. The call rate has slowed considerably over the past hour or so.

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UPDATE 6:21 p.m.: Photo submitted by a reader, 40 Church St., Le Roy.

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UPDATE 6:39 p.m.: Mari Egloff submitted these photos of trees down in her yard in Alexander.

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UPDATE: Dayne Burroughs and Pamela Reinhardt shared the pictures below of damage at St. Joe's Cemetery.

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