Online News. Community Views.

>> Download <<
The Batavian Mobile
Droid | iPhone

Recent comments

Site Sponsors

corfu

May 26, 2015 - 3:56pm
posted by Howard B. Owens in crime, batavia, corfu, pembroke, Alabama, bergen, Darien.

Shane P. Buyck, 26, of North Bergen Road, Bergen, is charged with burglary, 2nd. At 6:21 p.m. Monday, deputies and troopers were dispatched to a residence on North Bergen Road after the homeowner returned home to find an intruder in his house. The intruder fled on foot, leaving a car in the driveway. The registration reportedly came back to Shane P. Buyck, a resident of North Bergen Road. Buyck was located in a wooded area near the house by Deputy Chris Erion and K-9 "Destro" while lying in thick brush. Buyck was identified as the alleged intruder. He was jailed without bail.

Tonya M. Doell, 45, of East Main Street, Batavia, is charged with open container in public. Doell was allegedly in possession of an open container at 577 East Main St., Batavia, (Family Dollar). Doell reportedly refused to identify herself to police because of her probation status.

Matthew P. Parker, 25, of Eagle Street, Medina, is charged with trespass. Parker was arrested following an investigation into reports of vehicles being broken into in the City of Batavia on Sunday Morning. He was located in the parking lot of UMMC at 4:30 a.m. and jailed without bail.

Matthew C. Payne, 33, of Chestnut Street, Batavia, is charged with illegal disposal of items. Payne is accused of illegally dumping trash into a trash container owned by the Batavia Housing Authority at 193 S. Main St., Batavia.

Susan R. Fabretti, 52, of Swamp Road, Byron, is charged with petit larceny. Fabretti is accused of shoplifting at Tops Market. 

A 17-year-old, name and residence withheld by Batavia PD, is charged with harassment, 2nd. The youth is accused of striking a female several times after a verbal argument escalated.

Angela Irene, 45, of South Gravel Road, Medina, is charged with DWI, driving with a BAC of .08 or greater and failure to stop at at stop sign. Irene was stopped at 1:41 a.m. Sunday on Lewiston Road, Alabama, by Deputy Joseph Corona.

Alan James White, 18, of South Lake Road, Bergen, is charged with criminal possession of a weapon, driving while ability impaired by alcohol and driving with a BAC of .08 or greater. Deputy Chad Cummings along with Mercy EMS were dispatched at 7:51 a.m. Sunday to Dublin Road, Bergen, for a report of an unresponsive male behind the wheel of a stopped car on the road. White was treated and released at the scene by medics. He was allegedly found in possession of a switchblade knife.

Sandra Lynn Fry, 43, of Sunset Park, Oakfield, is charged with criminal contempt, 2nd. Fry allegedly violated a complete stay away order of protection.

Jason Scott Stanley, 22, of Judge Road, Alabama, is charged with DWI on an ATV, unlawful operation of an ATV on private property, unregistered ATV and driving an ATV without insurance. Stanley was arrested following an investigation into an ATV accident on Hutton Road, Oakfield, at 6 p.m. on Monday.

Mark David Heidenreich, 25, of Sumner Road, Darien, is charged with criminal contempt, 2nd. Heidenreich allegedly violated a complete stay away order of protection by placing phone calls to the protected person.

Samantha Rose Docteur, 24, of Ellicott Street Road, Pavilion, is charged with unlawful possession of marijuana and facilitating aggravated unlicensed operation of a motor vehicle, 2nd. Docteur was arrested following a traffic stop on South Main Street, Oakfield, at 11:55 a.m. Saturday by Deputy Michael Lute. She was allegedly in possession of marijuana, a grinder and smoking paraphernalia.

Andrew Michael Boyce, 20, of Oak Orchard Road, Elba, is charged with driving while ability impaired by drugs, unlawful possession of marijuana and no seatbelt. Boyce was stopped at 4:18 p.m. Friday on Judge Road, Alabama, by Deputy Chris Parker, for allegedly driving without wearing a seatbelt.

A 17-year-old resident of Main Road, Pembroke, is charged with second-degree harassment and criminal mischief, 4th. The youth allegedly threatened another person and damaged property of that person. He was jailed on $250 bail.

Matthew Brian Starowitz, 26, of Whitney Mill Road, Batavia, is charged with unlawful possession of marijuana. Starowitz was charged at 2:22 a.m. May 19 on Bank Street Road, by Deputy Chris Erion.

Nicholas Anthony Lord, 19, of North Division Street, Buffalo, is charged with criminal mischief. Lord allegedly damaged another person's property during a dispute.

Matthew J. Pasternak, 25, of Amherst, is charged with unlawful possession of marijuana. Pasternak was stopped by a trooper on Route 77, Corfu, for allegedly speeding. He was allegedly found in possession of five grams of marijuana after the trooper said he detected the odor of marijuana emanating from the vehicle. The search also allegedly led to the discovery of a multicolored smoking pipe with marijuana residue.

May 21, 2015 - 11:39am
posted by Howard B. Owens in crime, batavia, corfu.

Curtis L. Williams, 34, of Central Avenue, Batavia, was arrested on a warrant for alleged failure to appear and criminal possession of a controlled substance, 7th. The warrants were related to charges of aggravated unlicensed operation, 3rd, and 2nd. Williams was located walking on Ross Street and taken into custody. During the arrest, he was allegedly found in possession of cocaine. He was jailed on $3,000 bail or $6,000 bond.

Kevin Michael Lampman, 42, of Jackson Road, Holley, is charged with trespass. Lamp is accused of trespassing at Buttermilk Falls, Le Roy. Also arrested, Allyson Fraser Breon, 18, of Chili Riga Center Road, and a 17-year-old female of Westside Drive, North Chili.

Ashley R. Keene, 27, of Woodstock Gardens, Batavia, is charged with petit larceny. Keene allegedly stole oxycodone from a family member. She was jailed on $5,000 bail or $10,000 bond.

Sarah M. Wilson, 31, of Hutchins Street, Batavia, is charged with violation of an order of protection. Wilson allegedly placed a phone call to a person in the Livingstone County Jail in violation of an order of protection.

Steve D. Holmwood, 20, of Angling Road, Corfu, is charged with possession of a hypodermic instrument and criminal possession of a controlled substance, 7th. Holmwood allegedly parked a vehicle on the grass at Williams Park. Upon investigation, he was allegedly found in possession of syringes and heroin.

Joseph William Freeman, 30, of East Main Street, Batavia, is charged with obstructing governmental administration, endangering the welfare of a child and disorderly conduct. Freeman was allegedly involved in a disturbance outside 4 Olyn Ave. at 11:17 p.m., Tuesday. No further details released. James Edward Wroten, 48, of Olyn Avenue, Batavia, was charged with endangering the welfare of a child.

May 18, 2015 - 12:48pm
posted by Howard B. Owens in crime, batavia, pembroke, Stafford, Darien, corfu, Oakfield.

Ashley Marie Fladie, 24, of Pearl Street Road, Batavia, is charged with two counts of cruelty to animals. Fladie is accused of possessing two dogs that were deprived of proper care and, as a result, suffered from numerous medical conditions that authorities say could have been avoided with proper care. The dogs were examined by a veterinarian, who allegedly determined the dogs were in unsatisfactory condition due to improper care. Animal Control assisted in the investigation. The dogs were discovered during a response to a fire at 2720 Pearl Street Road the evening of March 11.

Ashley M. Kreutz, 27 of Batavia, is charged with petit larceny. Kreutz is accused of stealing a gift card from her employer, Kohl's, worth $37. The alleged theft was detected on surveillance video.

Jordan C. Dunham, 42, of Batavia, is charged with three counts of criminal possession of a controlled substance, 7th, controlled substance in non-original container and no license plate lamp, and Nicole P. Gonzalez, 32, of Batavia, is charged with criminal possession of a controlled substance, 7th, and controlled substance in non-original container. State Police stopped Dunham's Chevrolet Cobalt on Route 33, Bergen, for an alleged license plate lamp out. During the interview, Dunham reportedly said he didn't have a license. A trooper reportedly observed his hands shaking and he appeared nervous.  The trooper allegedly spotted five glassine bags of heroin on the back seat floor. During the subsequent search, a trooper allegedly found two plastic baggies containing cocaine and a large glassine bag containing suboxone sublingual strips.

Merlin L. Brainerd, 34, of Silver Springs, is charged with unlawful possession of marijuana. Brainerd was stopped by State Police on Route 63, Batavia, for alleged tinted windows. A trooper detected the alleged odor of marijuana. Further investigation turned up a baggie allegedly containing two grams of marijuana and a glass smoking pipe with marijuana residue.

Alexis A. Camilo, 19, of Buffalo, is charged with unlawful possession of marijuana. Camilo was stopped in Corfu by Village police for allegedly driving 48 in a 35 mph zone on Route 77.

Craig M. Stevens, 54, of North Spruce Street, Batavia, is charged with harassment, 2nd. Steven allegedly slapped a woman at 1:30 p.m. Wednesday at a location on North Spruce Street.

Yolanda E. Johnson, 28, of West Main Street, Batavia, was arrested on a warrant related to an aggravated unlicensed operation, 3rd, charge. Johnson was arrested, arraigned and released on her own recognizance.

A 17-year-old resident of Batavia is charged with criminal mischief, 4th. The youth allegedly punched a hole in a wall at an undisclosed location at 9:30 pm. on May 12. Batavia PD withheld the name of the suspect.

Francisco Martinez Jr., 42, no permanent residence, was arrested on a warrant related to an endangering the welfare of a child charge. Martinez was arraigned, had a DNA sample collected at the jail, and was released.

A 17-year-old resident of Batavia is charged with endangering the welfare of a minor and menacing, 2nd. The youth allegedly threatened his 13-year-old brother with a knife at 6:30 p.m., May 5, at an undisclosed location. The name of the suspect withheld by Batavia PD.

Carlos Samol, 50, of Liberty Street, Batavia, is charged with harassment, 2nd, and endangering the welfare of a child. Samol allegedly struck two people, including a juvenile, in an alleged incident reported at 2:38 p.m., Wednesday.

Sarah Mae Wilson, 32, of Hutchins Street, Batavia, is charged with disobeying an order of protection. Wilson was allegedly located by police officers hiding in the closet of a protected party. Wilson was jailed on $5,000 bail or $10,000 bond.

Karen D. Bannister, 74, of South Main Street, Batavia, was arrested on a warrant for alleged failure to appear on a harassment charge. Bannister was arraigned and released on her own recognizance.

Daniel L. Dioguardi, 34, of Summit Street, Batavia, is charged with obstructing governmental administration. Dioguardi allegedly ran from police when they attempted to detain him for questioning during a burglary investigation at 5:17 p.m., Friday. Dioguardi was jailed on $3,000 bail or $6,000 bond.

Stanley D. Wilson, 54, of Bank Street, Batavia, is charged with petit larceny. Wilson is accused of stealing beer from the Red Apple at 99 Jackson St., Batavia.

Michael A. Galas, 24, of Woodcrest Boulevard, Tonawanda, is charged with trespass. Galas was allegedly trespassing at Rolling Hills Asylum, Bethany. Also charged, Nicholas J. Hora, 24, of Old Farm Court, Cheektowaga, Rebecca M. Klein, 24, of Knowlton Road, Kenmore, and Jessica M. Cichocki, of Elm Place, Lancaster. The four people were allegedly caught on the property at 6:54 p.m., Sunday.

Daniel Thomas McPhee III, 48, of Losson Road, Cheektowaga, is charged with possession or transport of unstamped cigarettes, motor vehicle lights not meeting safety standards and running a red light. McPhee was stopped at 8:53 p.m. Sunday on Route 77, Pembroke, by Deputy Joseph Corona.

Christina Aminta Soler, 37, of Phelps Road, Pembroke, is charged with criminal contempt, 2nd. Soler allegedly violated an order of protection by contacting the protected party.

Jacob John Stone, 39, of West Main Street, Batavia, is charged with criminal mischief. Stone allegedly kicked and damaged a door during an argument.

Honour Haley Myers, 26, of Hamm Road, Lockport, is charged with unlawful possession of marijuana and failure to stop at stop sign. Myers was stopped at 6:33 p.m. Saturday on Route 33, Stafford, by Deputy Joseph Corona.

Eric Charles Zglinicki, 53, of Alleghany Road, Darien, is charged with criminal possession of weapon, 4th. Zglinicki was allegedly found in possession of firearms despite his prior felony conviction. The weapons were confiscated.

Patricia Leslie Brown, 61, of Park Avenue, Whitesboro, is charged with possession of more than 400 untaxed cigarattes. Brown was stopped at 9:56 a.m. Sunday on Route 77, Pembroke, by Deputy Richard Schildwaster.

Kathleen Marie Szkotak, 46, of Park Avenue, Whitesboro, is charged with possession of more than 400 untaxed cigarettes and driving with dark-tinted windows. Szkotak was stopped at 9:56 a.m. Sunday on Route 77, Pembroke, by Deputy Richard Schildwaster.

Robert James Lefrois, 30, of Down Street, Rochester, is charged with unlawful possession of marijuana, unlicensed operator, possession / display of a forged inspection certificate and inadequate muffler. Lefrois was stopped at 12:52 p.m. Sunday on Route 77, Pembroke, by Deputy Richard Schildwaster.

Harvey Arthur McMurray Jr., 47, of Bennett Avenue, Oakfield, is charged with driving while ability impaired by alcohol, speeding, unlicensed driver and unregistered motor vehicle. McMurray was stopped at 2 a.m. May 8 on Lewiston Road, Oakfield, by Deputy Joseph Corona.

Wendy S. Dempsey, 44, of Sunset Parkway, Oakfield, is charged with trespassing. Dempsey allegedly entered a business in Oakfield where she had been previously told not to enter.

May 11, 2015 - 8:43pm
posted by Billie Owens in fire, corfu.

A structure fire is reported at 2720 Pearl Street Road. Smoke is seen spewing from the right rear apartment. East Pembroke Fire Department is responding, along with mutual aid from Alexander, Pembroke and Darien. Town of Batavia Fire Department is requested to stand by in East Pembroke's fire hall and to provide fire police to shut down traffic at Route 33 and Hartshorn Road. Corfu Fire Police are asked to shut down traffic at Route 33 and Read Road.

UPDATE 9:11 p.m.: Crittenden Fire Department is responding to fill in at Corfu's fire hall.

UPDATE 9:18 p.m.: Code Enforcement was contacted and an officer will be responding to the scene in about 10 minutes.

UPDATE 10 p.m.: Alexander, Pembroke and Corfu are all back in service.

UPDATE 10:25 p.m.: A chief informs us, the apparent cause of the fire is a lamp that fell over onto clothes. East Pembroke went back in service about 20 mintues ago.

epfiremay1112015.jpg

epfiremay1112015-2.jpg

epfiremay1112015-3.jpg

epfiremay1112015-4.jpg

epfiremay1112015-5.jpg

May 9, 2015 - 6:57am
posted by Howard B. Owens in crime, batavia, corfu, alexander, Le Roy, pembroke.
spmugelmorenicholas_0.jpg
Nicholas Elmore

Nicholas J. Elmore, 26, of Batavia, is charged with theft of services, petit larceny and criminal possession of a controlled substance, 7th. Elmore was arrested by Macedon PD for alleged shoplifting. He hired a cab for a ride from Macedon PD's office to a hotel in Batavia. He allegedly fled through a back door of the hotel without paying his $144 cab fare. State Police were dispatched to the complaint. They located Macedon PD paperwork related to the shoplifting arrest on the back seat of the cab. Elmore had used another person's ID with the Macedon PD. That person was located by troopers and interviewed. Troopers secured a photo of Elmore and shared it with Macedon PD who confirmed Elmore was the actual suspect in the shoplifting case. Elmore was located in a local hotel and arrested. At the time of his arrest, he allegedly possessed three packages of heroin. He was jailed on $800 bail.

Matthew Lilly, 25, of Marshall Road, Lyndonville, was arrested on a warrant. Lilly allegedly failed to appear on a disorderly conduct charge from April, 2014. He was jailed on $200 bail.

Gregory Scott Snyder, 46, of Alleghany Road, Darien, is charged with assault, 3rd. Snyder allegedly punched another person in the face during an argument reported 10 p.m. Thursday on Genesee Street, Alexander. The alleged victim was transported to Warsaw Hospital for treatment.

Cory Lynn Hyde, 33, of South Main Street, Mount Morris, is charged with disorderly conduct. Hyde was arrested on a warrant out of Town of Darien Court. He was jailed on $200 bail.

John Charles Siracuse III, 31, of Pringle Avenue, Batavia, is charged with falsely reporting information about an actual incident. Siracuse is accused of providing information about a motor-vehicle accident that wasn't truthful. The accident was reported at 3:20 p.m. Thursday on Lewiston Road.

A 17-year-old resident of North Main Street, Oakfield, is charged with harassment, 2nd. The youth is accused of striking another person while in a vehicle at 8:30 p.m. Tuesday in Oakfield.

Ryan Michael Bobzin, 26, of West Bergen Road, Bergen, is charged with petit larceny. Bobzin allegedly stole an Xbox Kinect with a value of $100 from a family member April 22. He was jailed on $1,500 bail or $3,000 bond.

Leslie Charles Sage, 47, of Wight Road, Basom, is charged with aggraveted unlicensed operation, 3rd, driving on a suspended registration and driving a vehicle without an inspection sticker. Sage was stopped 3:28 p.m. March 28 on Park Road, Batavia, by Deputy Joseph Corona. He was jailed on $1,000 bail or $2,000 bond.

Barbara A. Hofert, 54, of Washington Avenue, Batavia, is charged with DWI, driving with a BAC of .18 or greater and obstructed license plate. Hofert was stopped at 7:54 p.m. Tuesday on Porter Avenue, Batavia, by Officer Mitchell Cowen.

Juan Pozotempan-Ahuejote, 37, of Wood Street, Batavia, is charged with menacing, 3rd. Pozotempan-Ahuejote allegedly threatened another person with a raised, clinched fist during an argument reported at 3:50 p.m., Wednesday. He was jailed on $3,000 or $6,000 bond.

TyAnna D. Green, 20 of Holland Avenue, Batavia, is charged with disorderly conduct. Green was allegedly involved in an incident in the parking lot of Dunn Tire at midnight, Thursday.

Winston A. Lockhart, 20, of East Main Street, Batavia, is charged with disorderly conduct and unlawful possession of marijuana. Lockhart was allegedly involved in the incident with Gree, above.

Brody A. Jorgenson, 20, of Ellicott Street, Batavia, is charged with possession of alcohol under age 21. Jorgenson was allegedly involved with an underage drinking party reported at 1:14 a.m. Sunday at 340 Ellicott St., Batavia. Also charged Joshua A. Wester, 20, of Ellicott Street, Batavia.

Leonard A. Johnson III, 22, of Holland Avenue, Batavia, is charged with assault, 3rd. Johnson was arrested as the result of an investigation into an incident reported April 29 on Holland Avenue.

Jennifer Lynne Judkins, 20, of Dodgeson Road, Alexander, is charged with petit larceny. Judkins allegedly stole $43 in clothing from Kmart.

Jason Andrew Barnhart Sr., 28, of Pratt Road, Batavia, is charged with petit larceny, criminal contempt, 2nd, and criminal trespass, 3rd. Barnhart allegedly stole two DVDs from Walmart, and in the process violated an order of protection and being restricted from the property.

Christine Aminta Soler, 37, of Phelps Road, Pembroke, is charged with harassment, 2nd. Soler allegedly struck another person during an argument at 2:41 p.m., Wednesday. 

Luke Paul Simmons, 18, of Harper Road, Corfu, is charged with unlawful possession of marijuana. Simmons was arrested by Deputy Kevin McCarthy following an investigation into a report of a suspicous vehicle on Route 20 at 9:19 p.m., April 24.

Orentheo Jamar Flowers, is charged with aggravated unlicensed operation and unlicensed operator. Flowers was arrested on a warrant for an alleged failure to appear on the charges.

Shayne Robert Patterson, 49, of Killian Road, Corfu, is charged wit DWI, driving with a BAC of .18 or greater and drinking in a motor vehicle. Patterson was stopped at 8:38 p.m. Monday by Deputy Joseph Corona.

Crystal L. Wojtkowiak, 19, of Attica, is charged with false reporting and obstructing governmental administration. Garry P. Pitz, 20, of Depew, is charged with false reporting, obstructing governmental administration, reckless driving and other traffic violations. Wojtkowiak allegedly claimed to be the driver of a 2004 black Chevorlet Blazer involved in a rollover accident April 12 on Bowen Road, Alexander. State Police investigated and determined Wojtkowiak wasn't in the vehicle at the time of the accident and that Pitz was the actual driver. Pitz was reportedly driving northbound no Bowen Road when he made an alleged unsafe start and lost control of the Blazer, causing it to go off the east shoulder. He then overcorrected and spun around, causing the vehicle to rollover, coming to rest in the field on the east side of the highway. No deer were involved.

John J. Haire, 67, of Chili Riga Center Road, Churchville, was charged with DWI and driving with a BAC of .18 or higher. Haire was arrested following a complaint of a man urinating in the Top's Market parking lot in the Village of Le Roy.

May 7, 2015 - 3:47pm
posted by Billie Owens in accident, corfu.

pembrokemcaccmay72015-2.jpg

A possible serious-injury accident involving a car and motorcycle is reported in front of Yancey's Fancy/Kutter's Cheese Store, 857 Main Road, Corfu. Mercy Flight is in the air. Pembroke Town Hall parking lot is the landing zone. Pembroke and Indian Falls fire departments are responding along with Mercy medics. Fire Police are told to shut down westbound traffic at routes 5 and 77.

UPDATE 3:49 p.m.: Confirmed serious injuries. The car involved is a Dodge Neon. Mercy Flight has a 3-minute ETA. Akron is also "assembling a crew for their end."

UPDATE 3:54 p.m.: Mercy Flight is on the ground.

UPDATE 4:07 p.m.: Mercy Flight is airborne and headed to Buffalo hospital.

UPDATE 4:28 p.m.: The motorcyclist suffered a broken arm. A state trooper at the scene told Howard this was a classic case of when looking twice could have avoided an accident. The trooper said the driver of the Neon pulled out of the parking lot of the medical facility across the street, right in front of the motorcyclist, and "never even saw him."

UPDATE 4:39 p.m.: The assignment is back in service and the roadway is being reopened.

UPDATE 4:52 p.m.: Howard at the scene interviewed accident eyewitness Christopher Macomber, who had just gotten off work from his job at Yancey's. Macomber said the accident was "very shocking" ... "The Neon came right out from the doctor's office and the motorcycle was headed east towards Batavia. He was going I'm guessing 55 miles an hour, if not 60, depends, and he just got launched in the air upon impact. He was pretty banged up. The car pulled right in front of him. It was pretty brutal. It was nasty." ... "I've been in a car accident, but I've never seen one with a motorcycle. I've heard stories about it, but that's about it." ... "The male driver of the Neon -- I honestly don't think he saw him at all, not one little bit. I honestly don't think he looked. I mean, it didn't look like he stopped at all or anything. I think he just pulled right out in front."

UPDATE: The motorcyclist is identified as Timothy Young, 52, of Hopkins Road, Batavia. The driver of the Neon is John Colosanti, 62, of Rundell Road, Alden.

pembrokemcaccmay72015-3.jpg

pembrokemcaccmay72015.jpg

May 4, 2015 - 1:27pm
posted by Billie Owens in fire, corfu.

A grass fire is reported at 922 Genesee St., Corfu. Corfu Fire Department is responding.

April 17, 2015 - 12:28pm
posted by Howard B. Owens in crime, pembroke, corfu, scott doll.

Prosecutors have 30 days to produce and turn over evidence in the Scott F. Doll murder case that may yield DNA from the Feb. 19, 2009 crime scene, Judge Robert C. Noonan ruled in a decision released this afternoon.

Doll's attorney, Timothy P. Murphy, filed a pair of appeals related to Doll's 2010 murder conviction, which has him serving a 15-years-to-life prison sentence.

While Noonan granted the DNA appeal, he ruled against Doll on his motion that he received inadequate trial counsel.

At a hearing earlier this week, ADA William Zickl couldn't confirm for Noonan whether the evidence that might yield DNA still existed.

Noonan ruled the evidence be turned over, "subject to any disagreement as to protocol for the custody and preservation of such evidence, which will then be resolved on application to the Court."

On the representation issue, Murphy argued that attorneys Paul Cambria and Daniel Killelea failed to raise objections to Doll's transport from Pembroke to the Sheriff's Office the morning of the murder based on Fourth Amendment provisions.

Noonan ruled that the defense attorneys did adequately raise objections and that the appeals process had already upheld decisions to allow evidence gathered during that process -- statements by Doll and his clothing -- to be admitted at trial.

Doll was convicted by a jury of beating to death a former business partner and prison guard coworker, Joseph Benaquist.

The defense is seeking further DNA testing to establish whether a third person was at the murder scene, which the defense contends, if the DNA testing had been done prior to trial, could have changed the outcome of the case. The prosecution contends the evidence against Doll is so overwhelming that even if a third person's DNA is found at the scene, Doll would still be found guilty of murder by a jury.

UPDATE 3:30 p.m.: We asked Sheriff Gary Maha if the evidence still existed and was secured. His one-word answer: "yes."

April 14, 2015 - 4:05pm
posted by Howard B. Owens in crime, pembroke, corfu, scott doll.

Oral arguments in the latest appeal of Scott Doll's murder conviction were heard by Judge Robert C. Noonan this morning in Genesee County Court.

Timothy P. Murphy represented Doll and ADA William Zickl represented the people.

Murphy's appeal is based on a few key points:

  • There was no "emergency doctrine" need to transport Doll from Pembroke to the Sheriff's Office on Park Road the early morning of Feb. 19, 2009 after Doll was found in blood-covered clothes and blood was found on his vehicle parked at North Lake Road and Main Road. Doll, Murphy argued, was taken into the custody, not just merely held in an attempt to find out if somebody was hurt and in need of help;
  • There was no DNA evidence taken from under the fingernails of the murder victim, Joseph Benaquist. If there had been, it's possible the presence of a third party at the scene might have been discovered, which could have changed the outcome of the trial;
  • The failure of Doll's defense attorneys, Paul Cambria and Dan Killelea, to raise these issues at trial constitutes incompetent representation.

Zickl countered:

  • Doll's defense had every opportunity to raise these issues and did in fact raise these issues, at the trial level and through the appeals process and they lost on the rulings;
  • The emergency doctrine does apply to the transport of Doll because the emergency continued unabated until the body of Benaquist was discovered;
  • The transport was necessary because investigators felt certain that Doll was covered in human blood and even though they didn't yet know what happened, it was likely a crime might be discovered and the evidence needed to be secured, rather than letting Doll walk around in 10-degree weather;
  • Because Noonan served as trial judge, he knows Doll received a vigorous, cogent and coherent defense that can hardly be characterized as incompetent;
  • Even if DNA had been collected, and even granting for the sake of argument that a third-party presence might have established, that fact wouldn't have changed the outcome of the case. The evidence that Doll killed Benaquist is simply overwhelming and conclusive. Where Murphy argued that physical evidence indicates Benaquist was involved in a struggle against attackers, Zickl argued the evidence is clear that Benaquist was ambushed and had little opportunity to defend himself. 

Noonan said he should have a written ruling in about a week.

March 19, 2015 - 11:36am
posted by Howard B. Owens in corfu.

A total of 118 people cast ballots in yesterday's Village of Corfu election for mayor and two trustees.

The lone mayoral candidate, Dave Bielec received 93 votes.

The trustee winners were Jenny McMartin-Eck, with 101 votes, and Al Graham, with 62 votes. Joseph Biggs Johnson was third with 58 votes.

March 17, 2015 - 3:42pm
posted by Howard B. Owens in batavia, crime, pembroke, corfu.

Marquis K. Saddler, 24, of State Street, Batavia, is charged with aggravated unlicensed operation, 2nd, driving without an interlock device, criminal possession of a narcotic drug, criminal possession of a narcotic drug with intent to sell and unlawful possession of marijuana. Saddler was arrested in the driveway of a residence on State Street following a complaint of alleged traffic offenses. Saddler was jailed without bail.

Harry R. Silliman, 51, of Batavia, is charged with criminal contempt, 2nd. Silliman allegedly violated an order of protection by contacting a family member he was ordered not to contact. Silliman allegedly made contact at the Corfu PD office. He was jailed on $250 bail or $1,000 bond.

Patti Ann Strange, 44, of Sumner Road, Darien, is charged with disorderly conduct. Strange allegedly became verbally and physically offensive while with Pembroke Intermediate School administrators. Strange was reportedly asked to leave the property and allegedly became verbally offensive and was physically removed from the property by a Corfu PD officer and a Sheriff's deputy. 

John James Hassler Jr., 34, of Ontario Center Road, Ontario, Canada, is charged with possession/transport of more than 400 untaxed cigarettes, aggravated unlicensed operation, speeding, driving without an interlock device, unlicensed operator. Hassler was stopped at 10:50 a.m., Monday on Route 77, Pembroke, by Deputy Patrick Reeves.

Woodrow C. Horseman, 39, no permanent address, was arrested on a warrant for alleged failure to appear. He was jailed on $100,000 bail.

Minerva Garcia, 35, of Walnut Street, Batavia, was arrested on a warrant for alleged failure to appear on a parking ticket. Garcia posted cash bail and was released.

March 17, 2015 - 12:07pm
posted by Howard B. Owens in pembroke, corfu.

Town of Pembroke officials ran through a series of issues Monday evening they might face if Village of Corfu residents go through with a referendum to dissolve their government.

There are legal questions to be answered and issues about how to resolve certain expenses related to the village, but in the end, Supervisor Annie Lawrence acknowledged, the question of dissolution isn't really the town board's call.

"We don't run the show," Lawrence said. "This is their decision. There isn't really anything the town can do other than be as prepared as we can be for the town to absorb the village."

The town will have to deal with issues related to village street lighting, brush pick up, sidewalks and police coverage, all under the legal obligation to ensure whatever is done for the village must a service provided to the entire town. Either that or set up special districts.

Town Attorney Mark Boylan said that in his opinion, there need not be a special district set up for street lights because the town currently has street lights at some intersections.  

Since National Grid owns and maintains the village street lights, there is no anticipated future capital expense for the lights, just the $10,000 or so annually to keep them lit.

Street lights, then, can be a general fund expense shared by the entire town if there's no longer a village government.

Sidewalks are a stickier issue. There are some sidewalks in East Pembroke. But for the most part, the town doesn't need to repair or replace sidewalks, therefore it's harder to legally justify making sidewalks a town-wide expense, Boylan explained.

It's more likely, a sidewalk district would need to be defined for the area of the village and a special assessment levied on residents within that district.

Parts of the village that don't currently have sidewalks could, theoretically at least, be carved out of the district, but then a whole new district would need to be created if those neighborhoods ever wanted sidewalks.

On brush pick up, the town would either need to increase the frequency of pick up for the entire town, decrease the frequency for the village, or ask everybody to self-service brush drop-off at a composting station. The service would need to be equal across all areas of the town.

On the issue of police, in order for the village police department to survive the dissolution, the town would have to take on the expense of a police department that patrols the entire town. That would mean expanding the department, hiring more officers, buying patrol vehicles, thereby making the whole operation expensive.

Or the town could contract, perhaps for about $60,000 a year, with the Sheriff's Office to provide extra coverage in the town. While that would likely mean increased patrols in the village, the town cannot contract just for village coverage. The patrols would be responsible, during their shifts, for the entire town.

The village currently has about $250,000 in capital reserves. Boylan said he's waiting for clarification from the state on how that money could be used after the dissolution.

Could it be dedicated to the needs of the present village residents -- such as sidewalks -- or must it just get mixed in with the town's general fund?

"Unfortunately, the state is not every clear," Boylan said. "They are not very clear in the least on how this is supposed to play out."

One solution is for the village government to spend the reserves down if the dissolution resolution is passed by village residents, thereby ensuring the funds collected from village residents provides services for village residents.

No date has been set for a vote on dissolution. But when it does take place, dissolution cannot occur in the same year the vote is taken, so there will be some delay between the vote and the date the village government ceases to exist.

March 14, 2015 - 4:39pm
posted by Billie Owens in corfu, girl scouts.

Photo and information from Julie Beach:

On Thursday, March 12th, Girl Scouts across the nation celebrated the "birth" of Girl Scouts 103 years ago. Troop 42025 from Corfu decided they wanted to do something to recognize the event, too.

The troop of 27 girls created a gift basket to be given to the first baby born on Girl Scout "birthday." Troop members pictured brought the basket to United Memorial Medical Center in Batavia.

From left are: Autumn Kortykowski, Sienna Kortykowski, Hannah Beach, Lilly Sanko, Makenzie Rich and Paige Bryant.

March 13, 2015 - 10:17am
posted by Howard B. Owens in pembroke, corfu.

Public Notice:

TAKE NOTICE that there will be a Special Meeting of the Pembroke Town Board, to be held at 6:45 p.m. on Monday, March 16, 2015 at Pembroke Town Hall, 1145 Main Road, Corfu, NY for the purpose of discussion of Village of Corfu Dissolution.

March 11, 2015 - 7:18am
posted by Billie Owens in accident, corfu.

A pickup truck vs. school bus accident is reported in the area of Alleghany Road and Water Street, "under the bridge." Corfu fire command confirms no injuries. Engine #42 is responding, along with Mercy medics, non-emergency mode.

UPDATE 7:47 a.m.: Medics are back in service. As required, a rep from the state Department of Transportation is en route to the scene.

March 3, 2015 - 5:19pm
posted by Billie Owens in corfu, Milestones.

Katelynn M. Hackett, of Corfu, received a bachelor of science degree with great distinction in mechanical engineering from Clarkson University on Dec. 31, 2014.

Located just outside the Adirondack Park in Potsdam, Clarkson is a nationally recognized research university for undergraduates with select graduate programs in signature areas of academic excellence directed toward the world's pressing issues.

February 23, 2015 - 1:12pm
posted by Howard B. Owens in batavia, accident, pembroke, Bethany, corfu.

Two of the people seriously injured in a weekend accident that took the life of a young Pembroke woman remain in guarded condition at Strong Memorial Hospital.

Details of the injuries to Brandon Danser, 21, of Batavia, and Jamie Scherer, 21, of Pembroke, are not available.

Strong lists all patients in the Intensive Care Unit as "guarded."

Both were passengers in a vehicle early Saturday morning that was northbound off of Molasses Hill Road, Bethany, when it was struck by an eastbound semi-truck on Route 20.

Alyson D. Krzanak, 18, of Pembroke, later succumbed to injuries sustained in the accident.

The vehicle was reportedly driven by Hannah Dibble, 21, of Pembroke, who was transported by Mercy EMS to ECMC and treated and released.

Felicia Fazzio, 20, of Darien, was transported by Mercy EMS to ECMC. She was listed in stable condition, but today a patient information operator at ECMC refused to release information on her condition, other than to confirm she hasn't been released.

Gabrielle Uzarowski, 21, of Pembroke, was treated at the scene and released.

The driver of the truck, Leonard Odums, of Cutburt, Ga., was not injured.

The accident remains under investigation.

February 23, 2015 - 12:56pm
posted by Howard B. Owens in batavia, crime, Oakfield, Pavilion, corfu.

Brian Michael Glor, 43, of Church Street, Oakfield, is charged with DWI and refusal to take breath test. Glor was arrested following an investigation into a hit-and-run accident at 7:34 p.m., Monday, in the City of Batavia, by Deputy Michael Lute.

Steven R. Colombo, 28, of Ellicott Street, Batavia, is charged with criminal contempt, 2nd. Colombo allegedly violated a complete stay away order of protection. He was allegedly found hiding in the pantry of the protected party's residence.

Jimpce J. Etienne, 38, of Buell Street, Batavia, is charged with unnecessary noise. Etienne is accused of playing extremely loud and disturbing music at 11:30 a.m., Saturday.

Kayla D. Joiner, 22, of Schreck Avenue, Buffalo, was arrested on a warrant for alleged failure to appear on a aggravated unlicensed operation, 3rd, charge. Joiner turned herself in and was jailed on $100 bail.

Thomas J. Mitchell, 25, of Batavia, was arrested on two warrants for alleged failure to appear. Mitchell was located and arrested and jailed on $1,500 bail.

Robin A. Pickering, 31, of Croop Road, Clarence Center, is charged with DWI, driving with a BAC of .08 or greater, moving from lane unsafely, operation by an unlicensed driver and drinking alcohol in a motor vehicle. Pickering reportedly drove her car into a snowbank on Burke Drive, Batavia, at 4:36 a.m., Friday. The accident was investigated by Officer Matthew Wojtaszczyk.

James Rocco Soccio, 33, of Ross Street, Batavia, is charged with coercion, 2nd. Soccio reportedly went to the residence of a person scheduled to speak against Soccio in a Family Court proceeding. Soccio allegedly threatened to harm the person. 

Jacob J. Camerera, 23, of South Jackson Street, Batavia, is charged with criminal contempt, 1st, reckless endangerment, 2nd, and two counts of aggravated unlicensed operation, 2nd. Camerera allegedly drove a vehicle toward four other people in a reckless manner on Watson Street, Batavia, at 4:59 p..m., Feb. 15. One of the four people was covered by an order of protection.

A 17-year-old resident of Walnut Street, Batavia is charged with two counts of harassment, 2nd, and criminal mischief, 4th. The youth was arrested following an alleged incident at his residence at 11:30 a.m., Friday.

Kenneth L. Perkins, 51, of West Main Street, Corfu, is charged with criminal mischief, 4th. Perkins allegedly damaged the property of another person.

Heyward Clark Jr., 50, of Whitney Avenue, Niagara Falls, is charged with four counts of endangering the welfare of a child, driving while ability impaired by alcohol, following too closely, driving without a license, and child passenger in back seat not properly restrained. Heyward was stopped at 12:02 a.m. Saturday on Lewiston Road, Batavia, by Deputy Joseph Corona.

Jennifer P. Hepp, 32, of Varysburg, is charged with petit larceny. Hepp was arrested by State Police on Friday at a location on Veterans Memorial Drive. No further information released.

Philip D. Stahli, 34, of Lockport, is charged with unlawful possession of marijuana. Stahli was arrested by State Police in Pavilion on Saturday. No further details released.

Harry R. Silliman, 50, of Batavia, is charged with criminal mischief, 3rd, and harassment, 2nd. Silliman was arrested by State Police for an alleged incident at 9:45 p.m., Feb. 17. No further details released.

February 21, 2015 - 5:32pm
posted by Howard B. Owens in pembroke, Bethany, corfu.

An 18-year-old Pembroke resident and student at GCC, has died as a result of injuries she sustained in an overnight accident in Bethany, the Sheriff's Office announced.

Alyson D. Krzanak, who listed her employment on her Facebook page as GCCA Child Care Center and JCPenney, was flown by Mercy Flight to ECMC following the early morning accident at Route 20 and Molasses Hill Road, and was initially listed in critical condition.

The Sheriff's Office release does not list a time of death.

Krzanak was one of six people in a 1997 Geo Prism that was northbound on Molasses Hill Road when it crossed Route 20 and was struck by an eastbound tractor-trailer.

The vehicle was reportedly driven by Hannah Dibble, 21, of Pembroke, who was transported by Mercy EMS to ECMC and treated and released.

Also injured were Brandon Danser, 21, of Batavia, who was taken by Mercy Flight to U of R Medical Center and is listed in guarded condition.

Jamie Scherer, 21, of Pembroke, was transported by Attica Ambulance to WCCH and then transferred to U of R by Mercy Flight, and he is in guarded condition.

Gabrielle Uzarowski, 21, of Pembroke, was treated at the scene and released. Felicia Fazzio, 20, of Darien, was transported by Mercy EMS to ECMC and is in stable condition.

The driver of the truck, Leonard Odums, of Cutburt, Ga., was not injured.

The accident remains under investigation. The Crash Management Team responded to the scene.

Assisting the Sheriff's Officer were State Police, Bethany, Alexander, Attica, and Pavilion volunteer fire departments along with the Genesee County Emergency Management Office.

Pages

Calendar

S M T W T F S
 
 
 
 
 
1
 
2
 
3
 
4
 
5
 
6
 
7
 
8
 
9
 
10
 
11
 
12
 
13
 
14
 
15
 
16
 
17
 
18
 
19
 
20
 
21
 
22
 
23
 
24
 
25
 
26
 
27
 
28
 
29
 
30
 
31
 
 
 
 
 
 
 

Upcoming

Copyright © 2008-2014 The Batavian. Some Rights Reserved. Privacy Policy | Terms of Service
Original content available for non-commercial use under a Creative Commons license.
Contact: Howard Owens, publisher (howard (at) the batavian dot com); (585) 250-4118

blue button