Taken today while returning from the accident in Alabama.

A car is reportedly entangled in wires from a power pole on East Saile Drive in front of the Genesee County Airport. A transformer was yanked down, too. The wires are believed to be live. Town of Batavia Fire Department is responding.

UPDATE 6:45 p.m.: Command on scene says responding unit can go back in service.

(Photo by Howard Owens.)

A tractor-trailer vs. car accident with serious injuries is reported at Alleghany and Ledge roads. Mercy Flight's availability is being checked. Alabama fire and Mercy medics are responding.

UPDATE 1:38 p.m.: Pembroke and Indian Falls fire police are requested to assist Alabama fire by shutting down Phelps Road at Route 77.

UPDATE 2:02 p.m.: This is a fatal accident. A car is wedged under the semi-truck.

UPDATE 3:21 p.m.: Sheriff's Chief Deputy Gordon Dibble said a tractor-trailer was southbound on Route 77 and a Mercury Grand Marquis was heading eastbound on Ledge Road when the sedan failed to stop at the stop sign and drove straight into the side of the semi. Witnesses said it did not attempt to brake nor stop at the intersection. The impact wedged the car under the semi and both traveled several hundred feet before coming to a halt. The sedan's driver is dead and they are working on notification, but the body has not yet been extricated. The coroner is on scene. There were several witnesses. There is no indication that alcohol or drugs played a role for the truck driver, who did not appear to be speeding, according to witnesses. Indications are the deceased driver is from out of town. The case is being investigated; the truck's mechanics will be examined; a press release is expected later today. Dibble acknowledged that the intersection has been the site of several bad accidents, and he said so has the nearby intersection of Gabbey Road and Route 77. He said the sheer volume of traffic may account for the higher number of accidents at those intersections, but there's "nothing beyond that" such as a steep grade or curve that sets them apart. Possibly the driver in this case wasn't being attentive, was distracted.

UPDATE 6:17 p.m.: The roadways are reopened.

UPDATE 8:08 p.m.: The name of the female driver who was pronounced dead at the scene by County Coroner Karen Lang is not yet being released because the Sheriff's Office has not yet been able to complete notifications. The driver of the semi is identified as James L. Cereghin, 55, of County Road, Defiance, Ohio. A third vehicle was either struck by the Grand Marquis or debris from the vehicle. It was a Jeep Wrangler driven by Dennis R. Carroll, 64, of Transit Road, East Bethany. Neither Cereghin nor Carroll were injured in the accident. The 53-foot box trailer was hauling 46,000 pounds of boxed food product.  

UPDATE 5:40 a.m., Friday: The name of the woman who died is Donna L. Ray, 61, of East Avenue, Buffalo.

Press release:

The City of Batavia Water Department will be repairing a broken water main today on State Street. State Street will be closed to traffic from Denio Street to the City line until repairs are completed.

There will be a water service interruption for residents from Denio Street to the City line. Other residents in the area may experience low water pressure or discolored water, which should return to normal once repairs are complete.

UPDATE 5:14 p.m.: DPW sent us an update 15 minutes ago that said water was restored on State Street after a leak was fixed and now they are working to repair the road.

In an effort to maximize the return on fines paid by drunken drivers, Assistant County Manager Matt Landers is proposing using some of that money to fund the addition of a deputy to the Sheriff's Office with the position being dedicated solely to DWI enforcement.

If a dedicated DWI deputy could make just one more DWI arrest per week over the course of a year above the current arrest rate, the position would be fund itself in future years, Landers said.

Landers is proposing using $60,000 from STOP-DWI cash reserves to fund the $100,000 position for the first year.

The County Legislature must consider whether to budget the balance of the $40,000 cost to get the new position started. The additional $40,000 will cover the cost of fringe benefits for the new deputy.

The STOP-DWI plan was recommended for approval by the Ways and Means Committee on Wednesday, but not without some concerns and skepticism raised.

Legislators asked whether other deputies not assigned to the STOP-DWI detail might be less inclined to enforce DWI, thinking, "That's the other guy's job," but Landers expressed confidence that the other deputies' professionalism would prevent that mindset.

Legislator Ray Cianfrini, an attorney, raised concerns that a dedicated DWI patrolman might feel the pressure to make quota and engage in practices courts have determined to constitute entrapment, but Landers said he believes there's enough DWI activity that isn't being thwarted now to keep a full-time DWI deputy busy.

In fact, Landers thinks a dedicated patrol might actually arrest more than just one extra drunken driver per week, but his budget numbers remain conservative at one per week.

After the meeting, Landers said DWI arrests have dropped off the past couple of years, either because more deputy hours are being tied up with prisoner transports, or because staffing has been constrained both in the Sheriff's Office and Batavia PD.

"I don't necessarily believe it was due to fewer drunks on the road," Landers said. "I think they're out there. I'm trying to give the resources to the local law enforcement agencies to go after the drunks who are out there."

The Sheriff's Office has typically received STOP-DWI funds to provide overtime pay to deputies to engage in extra anti-DWI enforcement patrols. Under the new plan, that OT amount will be cut from $30,000 to $25,000, so there will still be dedicated part-time patrols in addition to the full-time, dedicated DWI deputy.

Batavia PD and Le Roy PD would receive their usual amount of STOP-DWI funding for overtime pay for dedicated DWI patrols.

"I figure this is a better way to spend STOP-DWI money and a better way and more efficient way to get more drunks off the road," Landers said.

Unnamed, unknown for months, and whose death is shrouded in mystery, an infant who may never have drawn a breath in this mortal world, was memorialized Wednesday night in a candlelight vigil in Austin Park.

There were words of compassion for Christina M. Colantonio, the 28-year-old Liberty Street woman charged with murder in the second degree even as the District Attorney's Office hedges on its claim of sufficient evidence to proceed with a criminal complaint, and greater compassion expressed for the female infant who may have been stillborn, or may have been killed by her own mother, but either way, whose birth was reportedly kept secret, her body hidden in her mother's apartment for about three months.

"Tonight, we're not just out here to remember a life that really didn't have that chance (to make a decision for Christ)," said Pastor Jason Norton. "We're not going to see her pretty face run and skip in this world, and we're not going to hear her pretty voice, and we're not going to experience her here.

"But people, I tell you, she has been received into the heavenlies. I tell you, if you want to know her, then just accept Jesus and believe in him and one day you also will be there and you'll be able to embrace her."

After Norton spoke -- the last of several speakers -- the 40 or 50 people gathered carried their lit candles over to Norton's church in City Center for a reception.

Norton said their candles represented a light in this world to battle the darkness.

"I believe with all of my heart that what we're doing tonight is just not to remember her precious life, and that's why we're here primarily, but we're also here to make a bold statement to our city. We're here to make a bold statement to this region, to this community, that darkness and evil shall not prevail and have its way in this area. Amen. (Amen.) We are making a bold declaration tonight."

Earlier, Pastor Tim Young called on those assembled to pray for Colantonio and her family.

"We're here today to encourage each other," Young said. "We're here to help the family, to give them comfort in this time of need, to help them in whatever we can, to love them, as Christ loves us.

"I encouage each and every one of you in whatever way you can to reach out to this family, to Christina, also, because this lady, woman, needs lots of prayer," Young added. "She needs lots of prayer. The family needs lots of prayer. We need to help and support them in any way we can."

Tammy Arneth, of All Babies Cherished, expressed concern that an expectant mother in the community might not know of the free resources her agency provides.

The agency can help new mothers with emotional support as well as material needs, all for free, but new parents are expected to take some classes through the program.

"It breaks my heart that maybe Christina didn't know to come to see us," Arneth said, adding later, "We had more than 900 visits last year alone and obviously that wasn't enough, because if somebody in this community doesn't know to come to us for services, then we're not doing the job."

The donated stuffed toys will be given to Batavia PD so officers can hand them out to children who might need the tender care they represent in times of crisis.

Attendees had a chance to sign cards for the baby's family.

Pastor Tim Young

Pastor Jason Norton

Tammy Arneth speaking.

Stephanie Armstrong with a closing song.

A motorcycle accident with possibly serious injuries is reported at Warsaw and Perry roads. Le Roy fire and ambulance are responding. The rider is down in the roadway, not moving, said the dispatcher.

UPDATE 6:08 p.m.: The rider has medical issues which precipitated the accident. He is not seriously hurt. He is being taken to a hospital by Le Roy for his medical issues and for evaluation. No other vehicles were involved.

UPDATE 6:11 p.m.: Responders said the victim was not moving because he was being restrained by Good Samaritans, passersby who stopped and held him in place for his own good until medics arrived, so as not to worsen any injury.

Press release from Lt. Jeff Whitcombe, City of Batavia Fire Department:

The City of Batavia Fire Department will be flushing fire hydrants on Friday, Sept. 4, from approximately 9 a.m. to noon in the general area south of West Main Street and west of Jackson Street, including Walnut Street, Pearl Street and South Main Street. Homes and businesses nearby will be affected.

These tests may result in a temporary discoloration of water in that area. As in the past, please do not attempt to wash any clothing if your water appears discolored. If you do experience a discoloration of your water, run cold water for about five minutes or until clear.

Submitted photo. From left: Kim Cox (superintendent). Michael Chiulli (science teacher), Jeff Cunningham (Monsanto rep), Jackie Whiting (school board member), Tim McArdle (principal).

Press release:

Le Roy Central School District has received a $10,000 grant from America’s Farmers Grow Rural Education, sponsored by the Monsanto Fund. The district will use the money to purchase new lab equipment and instructional materials, allowing teachers to incorporate advanced, hands-on experiments in upper-level science classes for high school students.

Through this enhanced science curriculum, the district will introduce students to higher-level lab activities and spur their interest in biotechnology and other science, technology, engineering and mathematics (STEM) careers.

“The projects will expose students to technology they wouldn’t otherwise have access to,” said biology teacher Michael Chiulli. “This experience makes them more competitive for colleges and careers, and will hopefully encourage them to stay in the region as the biotechnology sector continues to expand in western New York.”

Farmers who nominated the school district and representatives from the school and the Monsanto Fund attended a check presentation to celebrate the grant during the back-to-school assembly on Sept. 1.

This year the school district also received an educational starter kit from Monsanto Company to help establish a pollinator garden, which will give students firsthand knowledge of the critical role habitat plays in providing bees and butterflies with food, shelter and places to lay eggs.

Since 2011, Grow Rural Education has awarded more than $9 million to help keep rural public school districts growing. The program works with farmers to nominate public school districts to compete for math and science grants of $10,000 or $25,000. Grant applications are reviewed and finalists selected by a panel of teachers. Winning applications are chosen by an advisory council comprised of farmers from across the United States.

Visit www.GrowRuralEducation.com to see the full list of winners for this year. A sister program, America’s Farmers Grow Communities, is currently enrolling farmers for 2016. To sign up, visit www.GrowCommunities.com before Nov. 30.

These programs are part of the America’s Farmers initiative. The America’s Farmers campaign and programs have advocated on behalf of farmers and their efforts to meet society’s needs through agriculture. Today, consumers are more interested than ever in agriculture and how food is grown. Farmers and others in the industry are joining in on the conversation to help raise awareness about agriculture and share their stories with their communities.

Learn more at cfiengage.org

Officials continue to refuse media requests for an explanation of why Christina M. Colantonio was charged with murder before all of the evidence was available to law enforcement.

District Attorney Lawrence Friedman has not acknowledged a request for an interview e-mailed to him last night and Colantonio's attorney, Public Defender Jerry Ader, refused to accept a phone call from a reporter this morning. Calls to Batavia PD are being referred to the District Attorney's Office.

Meanwhile, Colantonio has been scheduled to appear in court at 10:30 a.m., Sept. 23, for what's known as a "call" appearance. A call appearance is a chance for the judge to be updated on the status of the case.

The 28-year-old Liberty Street resident was charged with murder in the second degree Saturday following the grisly discovery of an infant's body in an ice cooler in her home.  

She was released from custody yesterday after the DA's office admitted there wasn't sufficient evidence to hold her.

Friedman stated in a press conference Saturday, and reiterated in a press release yesterday, that Colantonio was arrested and charged based on evidence he wouldn't discuss and witness interviews. The charging document filed with City Court indicated Colantonio made statements that were used as evidence for the arrest.

It was only after Colantonio's arrest that the infant's body was sent to the Monroe County Medical Examiner's Office for an autopsy. The autopsy revealed that it was impossible to determine if Colantonio, who apparently gave birth at home, delivered a live baby or if the baby was stillborn.

Without that critical piece of evidence, Friedman said, his office was unable to proceed with a grand jury presentation within the constitutionally mandated timeframe, so Colantonio was released from custody. The murder charge is still pending, however.  

In yesterday's statement, the DA's office said, "Due to the fact that this case is still being investigated, the legal principle that the Defendant is presumed innocent until proven guilty and the necessity to preserve the integrity of this matter, we will not be granting interviews or responding to questions regarding this matter. Once the next step is taken regarding this case, more information will be provided."

Friedman is an elected official and Ader is appointed to his position by the County Legislature.

This orange tabby kept trying to get into the MedTech Center on R. Steven Hawley Drive (across from GCC) this morning. Workers there think it's a house cat who is lost. It's being kept at the nursing office. Call (585) 343-0055, ext. 6355.

Friends of a Pavilion resident who was displaced when a truck rammed into her house Friday are trying to raise money to assist her.

JoAnn Dumbleton has been staying with family since the accident, according to Mary Conway-Doody.  

Dumbleton is a child-care worker in the before and after school program at Pavilion.

The fundraiser is intended to help Dumbleton, who was renting the house, find a new place to live and replace damaged items.

To donate, visit this GoFundMe.com page.

Terrance Lee Falk, 17, of Woodsmeadow Lane, Brighton, is charged with third-degree assault and second-degree obstructing governmental administration. Falk allegedly engaged in a physical struggle with a corrections officer at the Genesee County Jail leading to an injury to the officer.

William John Velky, 34, of Bank Street, Batavia, is charged with driving while ability impaired by drugs, following too closely, passing on right and moving from lane unsafely. Velky was stopped at 5:08 p.m. Monday on Chapel Street, Elba, by Deputy James Diehl following a complaint of an erratic driver.

Cassandra Y. Dauber, 32, of Lock Haven, PA, Cindy L. Dauber, 58, and David T. Suzenski, 57, both from Phoenixville, Pa., are charged with trespass for allegedly entering Rolling Hills Asylum on Bethany Center Road without permission.

Andrew Charles Webster, 22, no permanent address, is charged with petit larceny. Webster is accused of shoplifting from Walmart. He was jailed on $500 bail.

City fire responded to a kitchen fire at 27 Tracy Ave., Batavia, this afternoon that caused an estimated $1,000 in damage.

The fire was reported at 4:38 p.m. and was deemed accidental, according to a press release.

Engine 11 arrived three minutes after the alarm and reported smoke showing. The residents evacuated.

Once inside, firefighters found a pot of grease on fire on the stove with flames extending into other combustibles nearby. The crew smothered the fire by putting a lid on the pot and used a fire extinguisher to knock down the remaining fire on a cabinet and wall paneling.

Crews were also able to locate and remove a pet rabbit from the home.

City fire remained on scene for about an hour checking for extension and ventilating the structure.

The estimated building damage is $200 and contents damage is put at $800.

Some key starters from the 2014 edition of the Elba/Byron-Bergen Lancers have graduated and moved on, but Head Coach Mike Cintorino is confident in the squad he will put on the field in 2015.

"This is the most veteran group we've ever had," Cintorino said. "We have a lot of guys who played with us as freshman and sophomores and we've got 15 seniors returning, mostly starters, so we lost some names such as (Steele) Truax, (Mike) Shanley and (Garrett) Chapell, and guys like that, but in all reality, we had guys with us last year already ready to fill those roles who have been with us for a couple of years."

John Hockmuth, a standout at tight end last season, has been waiting his turn to lead the offense and is ready to step in as QB-1, Cintorino said. Richard Flores, perhaps the fastest running back in the Genesee Region, returns as half-back and there are younger guys ready to contribute at receiver and tight end.

Size and experience will benefit the offensive and defensive lines.

"They've been playing together actually since they were in seventh or eighth grade, so this line is probably the most experienced line that we've ever had in terms of them playing together and having that continuity," Cintorino said.

There are no pushovers in the GR this year, Cintorino said, so preperation for each game is going to be a key to a successful 2015 for the Lancers.

"It's that old cliche, one week at a time," Cintorino said. "We don't want to look ahead. Right now, our number-one focus is Pembroke. In a league like this, you can't take any team for granted."

Press release:

The Jerome Foundation and United Memorial Medical Center Foundation are seeking nominations for the Health and Humanitarian Award of Genesee County.

This will be the 31st year the award has been presented. The first award was presented to Dr. Sydney McLouth in 1982. Award winners for the past four decades have included health care workers, builders, teachers, and many community volunteers.

The award recognizes outstanding men and women whose volunteer efforts have improved the physical, emotional or spiritual well-being of the greater Genesee County area.

“We are fortunate to have many caring and committed volunteers devoted to the sick or to those in need, and helping build a stronger, healthier community for all of us,” says a written statement from Justin Calarco-Smith, president of The Jerome Foundation, and Susie Boyce, president of UMMC Foundation.

They noted Robert Boyce, the 2014 Health and Humanitarian Award recipient, who has devoted considerable time and talent to improving the quality of volunteer ambulance service in LeRoy, in addition to volunteer service on many community boards and organizations.

Nomination forms are available from UMMC Foundation Office at 127 North St., calling 585-344-5300, or online at www.ummc.org.

Organizations or individuals may nominate candidates. Consideration will be given to actual accomplishments achieved through volunteer service and subsequent improvements to quality of life. Nominations should be submitted on or before Sept. 30.

The 2015 award winner will be honored at a luncheon on Friday, Dec. 4, at Terry Hills Restaurant.

Press release:

Assemblyman Steve Hawley (R,C,I-Batavia) today announced that U.S. veterans who paid a New York State Department of Motor Vehicle (DMV) fee of $12.50 to have a distinguishing mark on their driver’s license or identification card will be issued a refund.

Hawley, a veteran and Ranking Minority Member of the Assembly’s Veterans’ Affairs Committee, praised the law, which was signed into law in August.

“I am proud to have championed and voted for this legislation on behalf of our veterans and the sacrifices they have endured,” Hawley said. “Many restaurants and businesses already offer discounts to vets and this law will make proving one’s status convenient and fool proof.

"I applaud my colleagues in the Assembly and Senate for passing this measure and consider it a small token of gratitude for those who have given our country so much.”

The law applies to those seeking a “veteran” designation on or after Oct. 3, 2012. The DMV will be automatically sending a refund to those who qualify.

State Police authorities are asking the public to be on the lookout for a person or persons stealing from unlocked cars in Genesee County.

An investigator said there have been recent thefts in Darien, Alexander and Pembroke that may be related.

Members of the public are asked to take two actions: Lock up their valuables and report suspicious activity to police.

The perpetrators may be driving around looking for opportune targets.

For reports of suspicious activity, dispatchers can be reached at (585) 343-5000.

A two-car accident with minor injuries is reported at the intersection of Sumner and Colby roads. Darien fire is responding along with two Darien ambulances.

The Batavia woman accused of murdering her own newborn baby and storing it in an ice chest for three months has been released from jail after the Monroe County Medical Examiner's Office was unable to determine whether a live birth occurred.

A charge of murder in the second degree is still pending against Christina M. Colantonio, 28, of Liberty Street, Batavia, but in a statement the office of District Attorney Lawrence Friedman said without being able to prove live birth, the prosecution is unable to make a presentation to a grand jury within the prescribed amount of time and so Colantonio is being released from custody.

"Circumstances present when the body was discovered are very indicative of the intentional homicide," Friedman's statement says. "However, in order to establish a homicide, we have to prove that a live birth occurred. Yesterday, we learned from the Monroe County Medial Examiner that, based upon their examination of the body, they were unable to conclude that a live birth occurred. This apparently is due in large part to the lengthy passage of time between delivery and discovery of the body."

In the charging document on file with Batavia City Court, some portion of the underlying evidence to sustain the charge of second-degree murder was based on statements made by Colantonio. None of those possible statements have been made public either through court documents or statements by authorities.

The DA's statement today says that Colantonio was arrested and charged after a "thorough investigation by the Batavia Police Department and included interviews with multiple witnesses."

Friedman's statement said neither he nor anyone in his office would answer media questions about the case given the fact that the murder charge is still pending and the investigation is continuing.

Colantonio was arrested Saturday and held without bail until her release today.

No date was provided for any possible future court appearance.