Darien

The family of Jason McNeil, the former WNY resident seriously injured after being struck by Craig Lawson at a Kid Rock concert a year ago, has asked we clarify some prior reporting on the case.

At a pre-trial hearing in January Deputy Lonnie Nati testified that immediately after the incident, Lawson made statements indicating that he and McNeil had been involved in a confrontation and that Lawson said, "he never should have touched my wife."

Not expecting a plea deal, we were not at Lawson's court appearance last week where Lawson entered a guilty plea to second-degree assault in exchange for a maximum one-year jail term. We reported the mere fact of the plea based on information provided by the D.A.'s office. At the hearing, Lawson made a statement we were not informed of until this morning.

Lawson said:

I've had the opportunity with my lawyers to again review the evidence the people will present against me at trial. I admit the individual I struck was not the person I encountered earlier while leaving the concert.

Lawson made no other statements concerning the events of July 5, 2013. He will be sentenced Aug. 18.

Two men from Genesee County are dead following a horrific multi-vehicle accident on the Thruway in Henrietta yesterday afternoon.

Trooper Jason Jones, PIO for Troop T, confirmed the two victims were from Genesee County, but said the State Police are not releasing the names pending notification of family members.

One victim was from Batavia, the other from Darien.

The accident was reported at 4:30 p.m. near Exit 46. Six vehicles were involved.

UPDATE July 1 (information from State Police press release): Killed in the accident were Michael F. Pehrson, 51, of Batavia, and Christopher M. Rheinheimer, 25, of Darien. They were pronounced dead at the scene after their pickup truck was struck head on by a commercial vehicle hauling a construction dumpster. That vehicle was traveling eastbound when it left its lane, crossed the center median, and traveled into westbound traffic, according to officials' preliminary investigation. State Troopers, Fire, EMS, and Thruway Authority personnel immediately responded to the scene. The operator of the commercial vehicle, Roger L. Labar, 51, of Prattsburgh, was transported to Strong Memorial Hosptial with non-life-threatening injuries. Seconds after the first collision, a westbound tractor-trailer hauling produce struck the damaged guide rail from the first collision, which punctured its fuel tank causing it to become fully engulfed in flames. The operator of the tractor-trailer, a 49-year-old man from Scarborough, Ontario, Canada, quickly exited the vehicle and was uninjured. A fourth vehicle traveling behind the tractor-trailer struck debris in the road causing it to spin and be struck head on by a fifth vehicle. The operator of the fourth vehicle, a 70-year-old man from Canandaigua, was transported to Strong Memorial Hospital with non-life-threatening injuries. The driver of the fifth vehicle was uninjured. A sixth vehicle traveling westbound on I-90 struck debris causing damage to the vehicle only, no other injuries were reported. State Police Bureau of Criminal Investigation and Collision Reconstruction Units responded to the scene and are handling the investigation. The New York State Department of Environmental Conservation and New York State Department of Agriculture & Markets also responded to the scene to assist with the fuel fire and perishable cargo of the tractor-trailer. At this time, no charges have been filed against the commercial vehicle driver, and the investigation remains ongoing. All westbound traffic was diverted off the Thruway at Exit 45 (Victor) for the duration of the investigation at the scene.

Photos submitted by Mark Hough.

Ronald Aaron Arrindell, 29, of Austen Court, Ashawa, Ontario, Canada, is charged with obstructing governmental administration, 2nd, and disorderly conduct. Arrindell is accused of causing a disturbance at the Darien Lake Hotel and Resort. He allegedly refused to comply with being arrested and physically removed from the vehicle he was in. Arrindell was jailed on $1,000 bail.

Alexander Colon-Colon, 20, of Swan Street, Batavia, is charged with unlawful possession of marijuana, aggravated unlicensed operation, 3rd, no/insufficient tail lamp and failure to dim headlights. Colon-Colon was stopped at 2:47 a.m. Thursday on East Main Street, Batavia, by Deputy Joseph Corona.

Joshua M. Laureano, 23, of Lackawanna, is charged with criminal possession of a controlled substance, 5th, unlawful possession of marijuana and speeding. Laureano was stopped at 2:25 p.m. Saturday by State Police in the Town of Alabama. No further details released.

Tami L. Mileham, 40, of Otis Street, Batavia, is charged with a prohibited nuisance. Mileham's Rottweiler allegedly bit a 9-year-old child. The Rottweiler was seized and is currently being held at the Genesee County Animal Shelter.

Kathleen E. Gonzalez, 52, of West Main Street, Batavia, is charged with issuing a bad check. Gonzalez is accused of issuing a bad check March 11. She turned herself in on an arrest warrant and posted $500 bail.

Markeda D. Starks, 23, of Campbell Street, Rochester, is charged with harassment, 2nd. Starks was arrested on a warrant by State Police in Canandaigua stemming from an alleged incident at 9:05 p.m. June 16 in which Starks shoved another person during an argument. Starks was turned over to Batavia PD and arraigned on the charge and posted $300 bail.

Willie J. Miles Jr., 50, of Aberdeen Street, Rochester, was arrested for alleged failure to appear. Miles was jailed on $2,500 bail.

Jerica J. Barber, 39, of Mix Place, Batavia, is charged with criminal tampering, criminal mischief, resisting arrest and endangering the welfare of a child. Barber allegedly committed the crimes of criminal tampering and criminal mischief (no details given) at 4:37 p.m., June 14. Barber allegedly resisted arrest in the presence of a child under age 17.

Eric John Betz, 31, of Genesee Street, Alden, is charged with disorderly conduct/obscene language/noise. Betz allegedly screamed obscenities during a domestic dispute in a public place at 440 Ellicott St., Batavia, at 9:34 p.m. on June 17.

Cheryle Jones, 32, of Batavia, is charged with driving while ability impaired by drugs and consuming alcohol in a motor vehicle. Jones was also charged under Leandra's Law with aggravated DWI. Jones was stopped by Ontario County Sheriff's deputies on Route 5 in Canandaigua for an alleged traffic violation. (Source)

Nicholas R. Graves, 18, of 7317 Griswold Road, Bergen, is charged with endangering the welfare of a child. Graves is accused of having sexual contact with a child under age 17 in the Village of Le Roy. Graves was arraigned and ordered to stay away from the victim.

Benjamin P. Hilton, 25, of 25 Bacon St.. Apt. E, Le Roy, is charged with criminal mischief, 4th. Hilton is accused of intentionally breaking the window of a business on Mill Street on Saturday.

Heather Ann Johnson, 41, of Calla Way, Cheektowaga, is charged with DWI, driving with a BAC of .08 or higher, inadequate lights, driving left of pavement markings in no passing zone and refusal to take breath test. Johnson was stopped at 11:53 p.m. Tuesday on Genesee Street, Darien, by Deputy Jason Saile.

Joseph Jonathan Kuzma, 34, of Byron Holley Road, Byron, is charged with petit larceny. Kuzma is accused of stealing money from his employer in Bergen.

Daniel S. Curry, 36, of Webster, is charged with unlawful possession of marijuana and driving while using mobile phone. Curry was stopped at 11:40 p.m. June 16 by State Police on Route 77, Darien.

A Canadian resident who was arrested at Darien Lake nearly a year ago after hitting another patron of a Kid Rock concert entered a guilty plea today to assault in the second degree.

The plea agreement, which comes on the day jury selection was supposed to start in his trial, caps Craig Lawson's sentence at one year in the Genesee County Jail.

Lawson and Jason McNeil, a former WNY resident who lives in Tuscaloosa, Ala., got into some sort of argument and Lawson hit McNeil, causing him to fall and hit his head on the ground.

At a preliminary hearing, Deputy Lonnie Nati testified that Lawson said following the incident, "he never should have touched my wife."

McNeil was hospitalized and in a coma for weeks following the incident.

An online fundraiser set up by McNeil's family drew thousands of dollars in donations, including a donation from Kid Rock.

In January, a source in regular contact with the family described McNeil's injuries as "catastrophic" and said McNeil requires 24/7 care.

The 34-year-old Lawson will be formally sentenced in August.

Brandon L. Scott, 23, of Darien, was westbound when a deer entered the roadway ahead of him and the front wheel of his bike struck the hindquarter of the deer.

Scott was ejected from the motorcycle and suffered serious injuries, according to a Sheriff's Office news release.

He was transported by Mercy Flight to ECMC. 

Scott was wearing a helmet at the time of the accident.

The investigation is being conducted by Deputy Andrew Hale, Deputy Frank Bordonaro and Sgt. Eric Seppala. Assisting at the scene were members of the East Pembroke Fire Department and the Town of Batavia Fire Department along with Mercy EMS.

Thousands of people from throughout WNY were at Darien Lake Theme Park today for the 2nd annual Color Me Rad 5K. The event isn't a real race, but for participants, it's obviously real fun.

Color Me Rad benefits Special Olympics.

Giovanni Louis Rosario, 21, of Conkey Avenue, Rochester, is charged with burglary, 2nd. Rosario was arrested on a warrant out of Town of Darien Court. He's accused of being involved in a burglary reported at 1 p.m., Dec. 27, on Tinkham Road, Darien. Rosario was ordered held on $10,000 bail. The suspect is currently being held in the Monroe County Jail on unrelated charges.

James Ross Sweet, 53, of Walnut Street, Batavia, is charged with criminal contempt, 1st. Sweet allegedly initiated contact with a person he is barred from contacting by court order.

Timothy Joseph Clark, 54, of North Bergen Road, Bergen, is charged with harassment, 2nd. Clark allegedly grabbed a woman he knows. The alleged incident was reported at 2:45 p.m., Wednesday.

Mark Anthony DiManno, 56, of Ridgeview  Drive, East Rochester, is charged with criminal trespass. DiManno was arrested on a warranted and arraigned in Town of Batavia Court.

Alyssa N. Bannerman, 20, of Brockport, is charged with conspiracy, 6th, criminal possession of stolen property, 5th, and unlawful possession of marijuana; A 17-year-old from Brockport is charged with conspiracy, 6th, and criminal possession of stolen property, 5th; and, Antonio J. Goodson, 24, of Medina, is charged with conspiracy, 5th, and petit larceny. The trio was arrest by State Police in relation to an alleged larceny reported at Kmart at 3:30 p.m., Wednesday. No further details released.

Todd R. Stanton, 32, of Batavia, is charged with criminal contempt, 1st, and harassment, 2nd. Stanton was arrested by State Police for an alleged incident reported at 7:48 a.m., Monday. No further details released.

It's not necessary, but County Attorney Chuck Zambito is advising the County Legislature to pass a resolution indemnify the Town of Darien against any potential damage caused by the new communication tower installed on fire department property.

If there was some unexpected accident, such as the tower falling, the Town of Darien would face no liability whatsoever if somebody was hurt, Zambito said.

However, the town is holding up signing an agreement to accept emergency radios from the county in order to get the hold-harmless agreement.

"I'm not sure how the two are connected," Zambito told legislators during the Public Service Committee meeting Monday.

It's not the first time the Town of Darien's actions have had Zambito scratching his head. During construction, the town required the county to apply for a building permit, even though legally, the county didn't need a permit.

"In the end, rather than fight about it, I said, 'OK, apply for the building permit' and they immediately gave it to us," Zambito said.

The tower in Darien was built on property owned the Darien Volunteer Fire Department. The county provided the fire department with a hold-harmless agreement because if there was an accident, the fire department could have been sued without it.

That simply isn't the case with Darien, Zambito said, but town officials are insisting on an agreement anyway.

Zambito will draft an agreement and present to the Legislature at a future meeting.

Kaitlyn Mackenzie Hayes, 20, of Lake Street, Perry, is charged with criminal impersonation, 2nd, and trespass. Hayes allegedly impersonated her sister to reenter Darian Lake Performing Arts Center during the Dave Matthews concert Wednesday. It was later found that she allegedly used a false identification, her sister, at the time of her arrest.

Justin M. Wotherspoon, 27, of West Main Street, Batavia, is charged with criminal contempt, 1st. Wotherspoon allegedly had physical contact with a person in violation of a court order. Wotherspoon was jailed without bail.

Danielle Marie Stevens, 37, of Ford Road, Elba, is charged with grand larceny, 4th. Stevens is accused of stealing the wallet of a WIC employee who was assisting her. Stevens was jailed on $10,000 bail.

Christopher Free Bragg, 28, of Genesee Street, Corfu, is charged with petit larceny. Bragg is accused of shoplifting from Walmart. 

Richard Michael Wroblewski, 61, of Williamstowne, Cheektowaga, is charged with DWI, driving with a BAC of .08 or greater and speeding (70 in a 55 mph zone). Wroblewski was stopped at 8:10 p.m. Friday on Clinton Street Road, Stafford, by Sgt. Greg Walker.

Cody James Hinchey, 27, of Reed Road, Churchville, is charged with DWI, driving with a BAC of .08 or greater and speeding. Hinchey was stopped at 1:19 a.m. Saturday on Byron Holley Road by Deputy Joseph Corona.

Richard Henry Forman, 64, of Ellinwood Road, Corfu, is charged with DWI, driving with a BAC of .08 or greater and failure to keep right. Forman was reportedly involved in a motor-vehicle accident at 3:01 a.m. Friday on Genesee Street, Pembroke. The accident was investigated by Deputy Joseph Corona.

John A. Snook, 26, of Central Avenue, Batavia, was arrested June 10 and charged with criminal obstruction of breathing/blood circulation, second-degree harassment, and unlawful imprisonment. The arrest was made following his release from Orleans County Jail on a separate charge. The new charges stem from a domestic incident in the City of Batavia. Orleans County Sheriff's Department transported Snook to the Genesee County line and he was taken to Batavia City Court and arraigned in front of Judge Balbick. He was then put in county jail and bail was set at $2,500. The matter was investigated by Batavia Police officer Jamie Givens.

Nathen Edward Donald Brege, 22, of South Main Street, Batavia, is charged with second-degree criminal contempt. On June 11 he was arrested for allegedly violating an order of protection issued by the Town of Oakfield Court by allegedly threatening the protected individual in an incident on May 31 on South Pearl Street in Oakfield. He was issued an appearance ticket. The matter was investigated by Sheriff's deputy Joseph Loftus.

Sean Robert Doran, 24, of Harper Street, Rochester, is charged with DWI, aggrevated DWI, and speeding over 55 mph on June 11 on Route 20 in the Town of Alexander. He is scheduled to be arraigned on July 1 in Alexander Town Court. The incident was investigated by Sheriff's deputy Kevin McCarthy.

Thomas Edward Bobeck, 44, of Parwood Drive, Cheektowaga, is charged with operation of a motor vehicle with a BAC of .08 or more as a first offense, and DWI, first offense. He was arrested on said charges after being observed allegedly driving in an unsafe manner while on Alleghany Road in Darien on June 12. He is to be arraigned on July 8 in Darien Town Court. The matter was investigated by Sheriff's deputy Joseph Corona, assisted by deputy Brian Thompson.

Ivan Jerrod Walton, 21, of Yates Avenue, Sauk Village, Ill., is charged with criminal possession of a forged instrument, 2nd, stemming from an incident on March 25 at the Sears Hometown Store on Lewiston Road, Batavia. The subject was being held in the Livingston County Jail on an unrelated matter. He was arrested on June 9 and arraigned in front of Justice Williams from Batavia Town Court on said charge and returned to Livingston County Jail. Bail was set at $2,500. The matter was investigated by Sheriff's deputy Christopher Parker, assisted by deputy John Baiocco.

A person who was trapped inside a flooding vehicle at 1600 Erie St. in Darien managed to get out. Darien firefighters are on scene. The location is between Tinkham and Alleghany roads.

UPDATE 8:54 p.m.: Darien fire is back in service.

From the National Weather Service in Buffalo:

A flash flood warning has been issued for Southwestern Genesee County until 12:45 a.m., June 13, by the National Weather Service.

At 8:20 p.m. the Doppler radar indicated a narrow band of torrential rainfall from a persistent area of thunderstorms. Radar estimates that two to three inches of rain has has fallen in a small area, including the towns of Darien and Alexander. An additional one to two inches are possible through late evening.

Excessive runoff from heavy rainfall will cause flooding of small creeks and streams, country roads, as well as farmlands along the banks and creeks.

Never drive through flooded roads, or turn around. Don't drown!

A vehicle that reportedly looks like a school bus stopped at property on Sumner Road in Darien, near the junction with Route 77, and a female is said to have gotten off the bus and defecated on the lawn. She then got back aboard and the bus continued. A Sheriff's deputy is trying to find the bus. Although the caller described the vehicle as a school bus, we're skeptical since the Dave Matthews Band concert is tonight at Darien Lake.

A motorcycle accident is reported on Sumner Road near the sharp turn at Simonds Road. The rider and his bike are in a ditch. Unknown injuries. Law enforcement is on scene. Darien fire and Mercy medics are responding.

UPDATE 5:44 p.m.: Mercy Flight, although available, will not be needed, according to medics on scene.

UPDATE 6:40 p.m.: The subject has been transported to ECMC. The Darien assignment is back in service.

Nik Wallenda, "The King of the Highwire," performed at Darien Lake for the first time on a 750-foot-long wire stretched over one of the lakes.

He performed with is wife, Erendira, and Nick Slimick and Alec Bryant, who were making their professional debut. Slimick and Bryant are graduates of a high school in Sarasota, Fla., where they studied circus performing.

Wallenda drove a specially equipped motorcycle across the wire, which was 150 feet above the water at its apex, with Erendira and either Nick or Alec on a trapeze bar attached below. At the apex, Wallanda performed a handstand on the bike seat on one trip. On another he stood on the seat. On other trips, Erendira and the two young men performed stunts. The final trip was just Nik and Erendira and they performed barrel rolls at the far end of the wire.

This isn't the show Wallenda will be performing at Darien Lake this summer.

The show this summer will be in the Galaxy Theater (to be renamed the Nik Wallenda Theater). Shows start June 24 and run through Sept. 1. The 10-week run will feature two performances every day (4 p.m. and 7 p.m.) except Monday.

The hour-long show will feature top aerialists and stunt performers, Wallenda said. The finale will feature the Wallenda Family Pyramid on the Wire, untethered high above the stage.

During the show's run, performers will entertain park guests with wandering performances throughout the park, called "pop up performances." There will also be a regular interactive 20-minute show on the Gazebo Stage.

Wallenda said one reason he agreed to perform at Darien Lake is he that felt the need to give back to Western New York after being so warmly embraced during the run-up to his highwire walk over Niagara Falls.

"When I got off that cable in Niagara Falls, I said there will always be a piece of my heart that is in this region," Wallenda said. "This community has embraced me. It's been amazing. I get goosebumps.

"I think this shows my commitment to this region, to Western New York and Toronto," Wallenda said. "The community has been so good to me."

More pictures after the jump:

An adult male in a boat in a pond flipped over the boat and is clinging to the side of it, unable to swim to shore. The caller to dispatch said she doesn't believe he is injured. The location is 11221 Harlow Road. Darien fire and EMS are responding to rescue the man from the water.

UPDATE 1:35 p.m.: Law enforcement is on scene.

UPDATE 1:48 p.m.: Darien fire reports the man is now on shore, conscious and alert. He still needs to be evaluated by medics.

Tishaun H. Conde, 19, of 16 Harvester Ave., Batavia, is charged with unauthorized use of a vehicle, unlawful possession of marijuana, petit larceny and trespassing. Conde was arrested following a report at 10:06 a.m., Monday, of a car being broken into on Harvester Avenue. Conde was jailed on $2,500 bail. (Previously: Man suspected of rifling through cars on Harvester Avenue is subject of manhunt)

Sharon E. Herdtner, 51, of North Street, Batavia, is charged with criminal mischief. Herdtner allegedly punctured a tire of a vehicle on Tracy Avenue.

Tracy A. Hilton, 33, of Jackson Street, Batavia, is charged with menacing, 2nd, unlawful imprisonment, 1st, criminal possession of a weapon, 3rd, endangering the welfare of a child and criminal contempt, 1st. Hilton was allegedly involved in a domestic incident with his girlfriend at 5:50 p.m., Sunday, at their residence on Jackson Street. Hilton allegedly restrained his girlfriend and threatened her with a knife while in the presence of their two children. In the process, Hilton allegedly violated an order of protect. Hilton was held without bail.

Kimberly M. Douglas, 32, of Buell Street, Batavia, is charged with criminal tampering, 3rd. Douglas was arrested after police were dispatched at 7:40 a.m., Saturday, to a residence on Buell Street for a report of a disturbance. Douglas is accused of spitting on the screen door of a house on Buell, "causing a substantial inconvenience for the owner to clean."

Justin J. Caryl, 26, of Batavia, was arrested on a warrant. Caryl was arrested by a Wyoming County Sheriff's deputy at 5:30 a.m., Sunday, on Bank Road, Town of Middlebury, after he was located during an unrelated investgation. Caryl was turned over to the Genesee County Sheriff's Office.

Jeffrey Lewis Smith, 44, of Vinton Road, Rochester, is charged with petit larceny. Smith was arrested on a Town of Batavia warrant after being released from the Monroe County Jail. Smith was jailed in Genesee County on $2,500 bail.

Felicia Mae Downs, 20, of Broadway Road, Darien, is charged with identity theft, 3rd, and petit larceny. Downs allegedly used another person's credit card to make purchases without permission.

Randall W. McKeown, 52, of South Brooklyn Avenue, Wellsville, is charged with three counts of criminal contempt, 1st. In a violation of a stay away order of protection, McKeown allegedly sent text messages to the protected person on three separate dates. McKeown was released under supervision of Genesee Justice.

In another sign that spring is really here, Darien Lake opened to the entire public today (season pass holders had access last weekend).