Skip to main content

Stories from

Law and Order: Traffic stop on Ross leads to arrest of alleged drug dealer from Rochester

By Howard B. Owens
mug_lee_love_gaines_2016.jpg
     Tylee Gaines

Tylee Demetrius "Love" Gaines, 37, of Waverly Place, Rochester, is charged with criminal possession of a controlled substance with intent to sell, criminal possession of a controlled substance, 7th, unlawful possession of marijuana, two counts of aggravated unlicensed operation, obstructed view and unlicensed operator. Gaines was stopped on Ross Street at 4:30 p.m. Thursday by Officer Chad Richards. Gaines was stopped for an alleged obstructed view. He was allegedly found driving on a suspended license. Patrols allegedly detected the odor of marijuana. Gaines was arrested and transported to Batavia PD headquarters where he was allegedly found in possession of marijuana and several small bags of crack cocaine. He was arraigned in City Court and jailed without bail.

Patrick D. Neaverth, 35, of Genesee Street, Buffalo, is charged with harassment, 2nd. Neaverth is accused of slapping a mobile phone out of a woman's hand and grabbing her by the arm and pulling her to the ground while at a residence on Kingsbury Avenue, Batavia, at 4 a.m. Monday. He was jailed on $250 bail.

Essence A. Williams, 18, of Dellinger Avenue, Batavia, was arrested on a warrant for alleged failure to appear on a second-degree harassment charge. Williams was jailed on $100 bail.

Rochelle V. Tomlin, 39, of West Main Street, Batavia, is charged with obligation of a parent or guardian. Tomlin was charged under Batavia Municipal Code after her child was allegedly found loitering on Porter Avenue at 2 a.m., past curfew.

Jolene M. Chenault, 33, of Highland Park, Batavia, turned herself in on a warrant for alleged failure to appear on an aggravated unauthorized operation, 3rd, charge. Chenault posted $200 police bail.

Jillian L. Lafond, 37, of Tracy Avenue, Batavia, is charged with DWI, refusal to take breath test, open container and passing red light. Lafond was stopped in the area of 413 E. Main St., Batavia, at 9:56 p.m. Jan. 5 by Officer Chad Richards.

Joseph M. Furst, 55, of Richmond Avenue, Batavia, is charged with criminal possession of a controlled substance, 7th, possession of a hypodermic instrument and criminal use of drug paraphernalia. Furst was allegedly found in possession of a hypodermic needle and a glassine envelope containing a controlled substance at 9:45 p.m. Thursday at a location on Richmond Avenue by Officer Christopher Lindsay.

Lance M. Mercado, 25, of Holland Avenue, Batavia, is charged with petit larceny. Mercado is accused of shoplifting at Tops on Dec. 17.

Ward E. Royse, 40, of Walnut Street, Batavia, is charged with petit larceny. Royse is accused of shoplifting at Tops on Thursday.

Robert Lee Williams Jr., 25, of West Main Street, Batavia, is charged with harassment, 2nd. Williams was arrested following an alleged altercation at 3:21 p.m. Thursday during a basketball game at the YMCA. Williams allegedly struck another male.

Tracey L. Brewer, 50, of McKinley Avenue, Batavia, is charged with obligation of parent or guardian. Brewer was charged under Batavia Municipal Code after her child was allegedly found loitering on Liberty Street after curfew at 12:12 a.m. Saturday while police were in the area investigating a reported disturbance.

Roger James Farney III, 33, of Clayton Street, Batavia, is charged with driving under combined influence of drugs and alcohol, following too closely, moving from lane unsafely and expired inspection. Farney was stopped at 1:05 p.m. Jan. 5 on Pearl Street, Batavia, by Officer Jason Davis. A witness reported an erratic driver in the area. Farney was jailed on $2,500 bail.

Tyler Doreen Price, 23, of East Main Street, Batavia, was arrested on a warrant for alleged failure to appear to complete community service. Price was arraigned and released on his own recognizance with instructions by Judge Robert C. Balbick to report to Genesee Justice for community service.

Jeremy L. Lonnen, 24, of Central Avenue, Batavia, was arrested on a warrant for alleged failure to appear. No further details released.

Jennifer L. Allegue, 43, of Ross Street, Batavia, is charged with allowing child to violate city curfew. Allegue's child was allegedly found on Liberty Street after the 11 p.m. city curfew at 12:12 a.m. Saturday while police were investigating a reported disturbance in the area.

Steven Michael Dick, 24, of Ellicott Street, Batavia, was arrested on a warrant for alleged failure to appear on two previous traffic violations. Dick was arraigned in City Court, entered a guilty plea, paid a fine and was released.

Teresa L. Jackson, 25, of Walter Smith Road, Catskill, is charged with aggravated unlicensed operation, 2nd, uninspected motor vehicle, and inadequate tail lamps. Jackson was stopped at 1:41 a.m. Monday on Pearl Street, Batavia, by Officer Matthew Wojtaszczyk.

Byron-Bergen announces results of spelling bee

By Howard B. Owens

bbspellingbee2015_01.jpg

Press release:

Sixth-grader Elli Schelemanow bested 22 other participants in the annual Robert Fowler/Byron-Bergen Grades 6-8 and Buffalo Evening News Spelling Bee held last month. Schelemanow now represents Byron-Bergen in the run for regional representation at The Scripps National Spelling Bee. Up next for her is a written test in early February to determine her eligibility for the regional spelling bee. That competition, The Western New York Oral Final, will be held on Sunday, March 13, at 1:30 p.m. at the Buffalo and Erie County Historical Society.

Runners-up this year are Byron-Bergen seventh-grader Joshua Swapceinski and eighth-grader Garrett Swinter. The competition put all the students through their paces, with eight challenging rounds and scores of demanding words before a champion emerged. The competition was moderated by teacher Andrew McNeil; with instructors Charlene Kelly, Laurie Penepent, and Diana Walther acting as judges. 

Byron-Bergen’s exceptional spelling contestants:

Grade 6: Corey Abdella, Madison Burke, Sadie Cook, Grace Huhn, Elli Schelemanow, Alex Toal, Ella Van Valkenburg, Hallie Wade, and Corden Zimmerman. 
Grade 7: Julietta Doyle, Josh Fleming, Gavin Lewis, John Mercovich, Alaura Rehwaldt, Sarah Streeter, and Josh Swapceinski.
Grade 8: Siomara Caballero, Alex Dean, Cambria Kinkelaar, Ethan Ray, Garrett Swinter, Justice Towne, and Grant Williams.

Byron-Bergen’s Jr./Sr. High School Interim Principal Patrick McGee congratulated Shelemanow, Swapceinski, Swinter, and all the participants.

“Our schools are proud to have Elli represent us, and I’m confident she will do a great job,” he said. “All our kids did impressive work with very difficult spelling challenges. McGee also wished to thank all the teachers at the Elementary School and Junior HS for their support, “especially Jason Blom and Elizabeth Findley and the sixth-grade team.”           

Top photo: Robert Fowler/Byron-Bergen Grades 6-8 and Buffalo Evening News Spelling Bee (l-r) runner-up Garrett Swinter, Bee champion Elli Schelemanow, and runner-up Joshua Swapceinski. 

bbspellingbee2016_02.jpg

Pembroke Lady Dragons deliver $10K to Roswell Park

By Howard B. Owens

rosewellcheckjan112016.jpg

Members of the Pembroke Girls Basketball Team, along with coaches and Pembroke staff, delivered a donation Friday to Roswell Park for $10,287. The money was raised during last week's Shoot for a Cure basketball game. The annual event has raised more than $40,000 to help search for a cure to cancer.

Photo submitted by Mike Wilson.

Weather-related closures

By Howard B. Owens

St. Joe's School is closed today because of a heating problem.

For other closures and delays over the next 24 hours or so, e-mail howard@thebatavian.com.

Car hits utility pole on Liberty Street

By Howard B. Owens

A car has hit a utility pole on Liberty Street. 

The street is unpassable because of a possible power line down in the roadway.

City fire is responding.

Also, unrelated, a low-hanging wire, unknown type, is reported on Batavia Elba Townline Road between State Street Road and Norton Road. Town of Batavia fire is responding.

UPDATE 4:33 p.m.: A car did NOT hit a utility pole on Liberty Street. A car snagged a utility line, either phone or data. Firefighters cut the line and are back in service.

UPDATE 5 p.m.: Pembroke and Indian Falls are dispatched to Remsen Road, between Akron Road and Knapp Road, for low hanging wires. Unknown type of wires.

UPDATE 5:07 p.m.: It's a Time Warner line reports a chief. It will be cut. All units to remain in quarters. 

Lake effect snow expected tomorrow

By Howard B. Owens

The region could be hit by as much as six inches of lake effect snow Monday, according to the National Weather Service, which just issued a winter weather advisory for noon Monday through 1 a.m., Tuesday.

Western Genesee County is specifically mentioned as an area that could be hardest hit.

At least three inches of heavy, wet snow is expected.

Winds will be out of the west at 10 to 20 mph with gusts up to 35 mph. Visibility will be as little as a half a mile at times.

Meanwhile, heavy winds have moved in and temperatures could drop rapidly this evening, leading to the potential for black ice on roadways. The weather service advises caution if you must travel.

East Pembroke fire hands out 2015 awards

By Howard B. Owens

epfddinnerjan92015-3.jpg

East Pembroke Fire Chief Don Newton is pictured with William Torres, who was honored as Firefighter of the Year by the East Pembroke Volunteer Fire Department at the department's annual awards dinner Saturday night.

Besides his tireless devotion to fire services and his many contributions to the department, Torres was honored as one of the top responders of 2015. He responded to 243 calls.

epfddinnerjan92015-2.jpg

Ken Marble received the Fire Service Person of the Year award. The award can go to either a firefighter or member of the community. Co-winner this year, as voted by the members, was Ed Arnold Scrap Processors.

Marble also received certificates for going on 109 calls during the year and completing 54 hours of training.

epfddinnerjan92015.jpg

Assemblyman Steve Hawley presented three long-serving members with certificates. From left are Dan Vania, 30 years of service, Robert Lang, 60 years of service, Hawley, and Don Newton Sr., 45 years of service.

Newton thanks the following local businesses for their support: Fenton's Produce , Ron & Newts , Holiday Ice , Kohorst Custom ome's , Ed Arnold Scrap Processors , Kohorst Trucking and Del-Mar Farms.

The department was called out 343 times in 2015. Members who made at least 25 percent of the calls and Monday night training combined for each quarter received a gift card, shirt and jacket.

The top responders, all making at least 100 calls, were: Kenny Marble, Andy Martin, Steve Smelski, Julie Waldron, James Gayton, Paul Kirch, Chris Bennett, Don Newton Sr, Don Newton Jr, Willie Torres, Matt Florian and Ryan Worthington.

Fire departments turn out to honor longtime volunteer, former chief

By Howard B. Owens

daleprocorfu_jan92015.jpg

Dale A. Breitwieser, 60, who gave 42 years to volunteer fire services, including stints as chief in Darien and Corfu, was lain to rest today. He was honored with a funeral procession from the Darien Fire Hall through the Village of Corfu and past the Corfu Fire Hall. Town of Batavia fire and Alden fire provided ladder trucks to hang a giant U.S. Flag over Route 33.

daleprocorfu_jan92015-2.jpg

daleprocorfu_jan92015-3.jpg

daleprocorfu_jan92015-4.jpg

Lady Devils step it up in first game without one of their top players

By Howard B. Owens

rotarytournr2_2016.jpg

You can always count on a Dave Pero-coached Notre Dame team to provide opponents with a test, and that's what the Batavia Lady Blue Devils got Friday night in the finale of the Batavia Rotary Club Tournament at Genesee Community College, just when, perhaps, they needed it the most.

The contest was their first without Maddy McCulley, who had her high school career cut short with a knee injury Wednesday one game removed from scoring her 1,000th career point.

The team will carry on without McCulley, but the question that needed to be answered is would her teammates would pick up the slack?

They did.

Four players finished in double figures in scoring and Batavia beat Notre Dame 60-44.

The score may look lopsided, but the game wasn't. Notre Dame fought every minute, battling through Batavia's relentless press, finding ways to the basket at times, but also surrendering a few too many possessions.

The Irish finished the first half only five down and pulled within a point of the lead early in the third quarter. 

"When something like happens, what happened with Maddy, again my condolences, I feel terrible about it," Pero said. "I feel terrible about what happened to her, but they stepped up. The injury set her down, but the team, you could see it, they stepped up. Good teams do that and they're a good team."

Freshman Ryann Stefaniak scored 16, Tiara Filbert and Sam Cecere each had 13, and Taylor Stefaniak hit for 12.

It's the first time the Stefaniak sisters were both in double figures for the game, and that bodes well for the rest of the Lady Devils' season.

"We talked about in practice yesterday," Hein said. "I said 'Look, we're still a good basketball team; obviously, we're not the same team. We have to find a new identity as far as who is going to be doing some of those other things. Bottom line is, Maddy takes about 20 shots in a game. We can't all just look at Tiera and now expect her to shoot 40 of them.' "

Newly minted starter Elyse Snow will take up some of the slack, and Cecere will get a few more looks, but Taylor and Ryann need to add from 10 to 12 shots per game between them, Hein said.

"I turned to the two Stefaniak girls and said, 'Listen, it's really on you two,' " Hein said.

Taylor said she and Ryann are ready and she's proud of how they pulled through Friday.

"I feel like we both stepped up really well tonight," Taylor said. "(Ryann) stepped up her game a lot tonight, which we've needed her to do the whole season, but it helped a lot tonight. I think she did great."

Ryann was all over the court, tipping passes on defense, joining in double teams on ballhandlers, finding open lanes on offense and crashing the glass on rebounds, getting a couple of key putback baskets.

"Ryann is skinny as a rail," Hein said. "In most cases, I  think she's got a turtle shell on her back; she seems so slow at certain points and times. But on the offensive end, she's always kind of in the right spot. She's slashing, rebound here, rebound there. It was exciting to watch."

Filbert, the tournament's MVP, is still the leader of the team, and the shooter defenses will work hardest to stop, as Notre Dame did Friday, but Filbert is unruffled by the change in circumstances.

"I'm going to keep playing my game," Filbert said. "We all came in level-headed. We knew we had a goal we wanted to accomplish and we were able to do that. Losing Maddy is going to be a big adjustment because she helped us out tremendously on and off the court. But I know she's going to be there on the sideline and we know we have the players who are going to step up and help us out."

For Notre Dame, Becca Krenzer scored 15, Margaret Sutherland, 10, and Calli McCulley, eight.

Before the game, during introductions, Calli presented her cousin Maddy with a bouquet of flowers.

Pero said he was very proud of how his girls played, especially Sutherland, who is starting to come into her own as a scorer and floor leader, and considered the game a great learning lesson for the team, which won't see any opponents with Batavia's talent or depth in the rest of the GR or Class D.

"It was a good experience," Pero said. "We're not going to see teams this good where we're going."

rotarytournr2_2016-2.jpg

rotarytournr2_2016-3.jpg

rotarytournr2_2016-4.jpg

rotarytournr2_2016-5.jpg

rotarytournr2_2016-6.jpg

rotarytournr2_2016-7.jpg

rotarytournr2_2016-8.jpg

rotarytournr2_2016-9.jpg

rotarytournr2_2016-10.jpg

rotarytournr2_2016-11.jpg

rotarytournr2_2016-12.jpg

To purchase prints, click here.

Funeral services announced for Mike Houseknecht

By Howard B. Owens

Funeral Services for Michael R. Houseknecht, a successful local businessman and devoted father, will be at 10 a.m., Tuesday, at St. Joseph’s Church, 303 E. Main St., Batavia.

The 38-year-old Houseknecht passed away unexpectedly early Thursday morning.

He leaves behind his wife of 15 years, Jennifer Anne Thornton Houseknecht, and the daughters he cherished, Meghan Elizabeth and Ella Grace.

Most recently, Houseknecht opened the House O' Laundry on West Main Street in Batavia. He also owned Statewide Machinery. He formerly owned Loose Ends Vending.

A 1995 graduate of Batavia High School, he earned a bachelor's degree in business from SUNY Brockport in 1999.

He is also survived by his mother Sheila Mitchell, of Batavia, and his father and stepmother Ralph (Buddy) Houseknecht Jr. and Katy Gorton Houseknecht, of Perry, as well as his paternal grandparents, Ralph and Agnes Houseknecht Sr., of Stafford.

Friends may call on Monday from 2 to 8 p.m. at the H.E. Turner & Co. Funeral Home, 403 E. Main St., Batavia.

For his full obituary, click here.

Photo: File photo from the opening in November of House O' Laundry. Micheal Houseknecht with daughter Ella.

Accident and possible fire reported on Bloomingdale Road

By Howard B. Owens

A one-car accident, car into a tree with a possible fire under the car, is reported in the area of 215 Bloomingdale Road, Alabama.

Alabama fire and Mercy EMS responding.

UPDATE 10:57 p.m.: It's not believed there are any injuries.

UPDATE 10:59 p.m.: A first responder reports flames showing.

UPDATE 11:13 p.m.: A chief on scene reports the car is now fully involved.

UPDATE 11:18 p.m.: Bloomingdale is closed at Tesnow and at Wright roads.

UPDATE, Saturday morning: The Sheriff's Office has released a statement about the accident, which is under investigation. Craig M. Meyer, 30, of Cherry Street, Batavia, was reportedly driving a 1999 Ford SUV when the vehicle left the roadway, drove through a field and then collided with several trees in the yard of 218 Bloomingdale Road. Meyer was removed from the vehicle by several witnesses as the vehicle began burning. He was transported to ECMC by Mercy EMS.

City Schools preparing for a technology-based future

By Howard B. Owens

bhsstemjan72015.jpg

Parents and other community members were invited to the library of Batavia High School last night to learn about how the City School District has been implementing technology in the classroom.

District officials shared how technology is being used and how they would like to improve the use of technology with the help of money from the Smart School Bond Act. The district is applying for $2.1 million in state grant money to upgrade the district's technology infrastructure and purchase technology equipment. 

It's an increase in attention on technology that the district has been preparing to implement for a couple of years, Superintendent Chris Dailey said.

One goal is to provide each high school student and eventually, students at the lower grades, with smart devices that connect to the Internet at school. Part of the money from the state will be used to improve the wi-fi infrastructure to support that level of always-on connectivity. 

"Go on any college campus right now, walk into a classroom or lecture hall, there's no pen and paper anymore," Daily said. "It's all utilizing a device. When you're going into most industries now, people are using these kinds of things. We're trying to put those kinds of devices into the hands of our students at a younger age so they're natives to it versus visiting the technology."

Whether a student comes out of high school bound for college or going straight into a career, the future belongs to those with the technology skills needed to compete in the digital age.

"This doesn't replace the instruction that's going on," Daily said. "We want to prepare students for the world that we don't know will exist in a couple of years, with jobs that are evolving as we speak at things like the STAMP project, or you look at what's going on in the incubators in the Rochester and Buffalo area with new businesses evolving all the time at the unviersities. We want to put our kids at an advantage so that when they come out they can walk into those jobs with some skills that other kinds may not have in our region."

Top photo: Mason Battaglia shows off a 3D printer. One of the things he was able to do with the printer was solve a problem for the marching band. The drummers needed glow-in-the-dark mallets, so Mason used the 3D printer to make them.

bhsstemjan72015-2.jpg

bhsstemjan72015-3.jpg

Batavia man indicted on rape charge

By Howard B. Owens
mug_armstrongjason2016.jpg
     Jason Armstrong

A Batavia man has been indicted by a Genesee County Grand Jury on a count of criminal sexual act in the first degree.

Jason A. Armstrong Sr., is accused of anally raping a woman at a residence on South Main Street, Batavia, sometime between Nov. 6 and 10.

Armstrong was also indicted on counts of assault in the second degree for allegedly causing physical injury.

He's also indicted on a count of third-degree assault for allegedly causing physical injury to another person on or about Dec. 5 while at the same address as the alleged rape.

On or about Dec. 22, Armstrong allegedly tried to strangle another person, leading to a charge of second-degree strangulation. That incident also led to a charge of assault, 2nd.

William Sheron announces candidacy for Sheriff

By Howard B. Owens
candidate_williamsheron_2016.jpg
      William Sheron

Press release:

Undersheriff William A. Sheron Jr., will seek the Republican Party endorsement for the 2016 election for Genesee County Sheriff.

Undersheriff Sheron, 57, has over 38 years of experience with the Genesee County Sheriff’s Office; serving as second in command for the past 20 years. He began his career in June 1977 as an emergency service dispatcher and was subsequently promoted through the ranks of Deputy Sheriff-Jail, Deputy Sheriff - Road Patrol, Sergeant, Investigator and Chief Deputy-Road Patrol. In January 1996 he was appointed Undersheriff.  

Undersheriff Sheron is a graduate of the New York State Commission of Corrections Training Academy, Erie County Central Police Services Basic Police Officer Training Academy, New York State Division of Criminal Justice Police Supervision Course, United States Drug Enforcement Agency Drug Interdiction Course, New York State Division of Criminal Justice Hostage Negotiations, the F.B. I. National Academy in Quantico, Va., and the F.B.I. National Academy Executive Development Program.

Undersheriff Sheron is credited with the formation of the Genesee County Local Drug Task Force in 1989, which began as a one-man unit and developed into a county-wide collaborative Task Force with the City of Batavia and Le Roy Police Departments. He served as a Field Training Officer, Hostage Negotiator and a member of the department’s Crash Management Team.

Over his career, Sheron has received departmental recognition awards including Officer of the Year in 1982, Meritorious Service in 2000 and 2009, and Commendation Awards in 1986, 1988, 1989, 1994 and 1996.

As Undersheriff, his responsibilities include: the oversight of the operations of the Sheriff’s Office, along with the administration of grants and governmental programs; oversight of the department’s training, development and adherence to departmental standards; investigation of allegations against departmental members; recruitment and selection of personnel; and responsibility of the operations of Genesee Justice and the Justice for Children Advocacy Center.

Undersheriff Sheron served as the 2006 president of the F.B.I. National Academy Associates New York State /Eastern Canada Chapter; has held several positions on its board of directors and currently serves as the Chapter’s secretary treasurer. Sheron is an active member of the Genesee County Traffic Safety Board, Genesee County Stop DWI Advisory Board, the Mental Health Association of Genesee/Orleans County Board of Directors, Genesee County Republican Committee, Genesee County Women’s Republican Committee, City of Batavia Republican Committee and Batavia Kiwanis Club. He previously served as the vice president of GCASA Board of Directors.

Undersheriff Sheron is a lifelong resident of Batavia. He attended St. Mary’s Grade School, Notre Dame High School and is a graduate of Genesee Community College with a degree in Criminal Justice. He and his wife, Shari, are parents to a blended family of five children and six grandchildren.

“If endorsed and elected Sheriff, I pledge to continue my life’s work of protecting the safety and security of the residents of Genesee County and the men and women of the Genesee County Sheriff’s Office,” said William Sheron, Undersheriff.

Law and Order: Batavia woman accused of stealing from employer

By Howard B. Owens
j_mcwethy_mug2016.jpg
   Justine McWethy

Justine D. McWethy, 28, of South Main Street, Batavia, is charged with grand larceny, 2nd. McWethy is accused of stealing $80,000 from a business at 56 Harvester Ave., Batavia. McWethy was arrested on a warrant after being found to be a passenger in a car stopped by a Batavia PD patrol. The alleged theft was reported Nov. 11. McWethy was also arrested by Deputy Joseph Corona on a warrant for alleged failure to appear on a petit larceny charge. On that arrest, she was jailed on $500 bail or $1,000 bond. On the grand larceny charge, she was jailed without bail.

Alfred A. Panepinto, 59, of Ellicott Avenue, Batavia, is charged with unlawful possession of marijuana and failure to stop for stop sign. Panepinto was stopped at 10:48 p.m. Jan. 2 on Ellicott Avenue by Officer Christopher Lindsay.

Lonnie J. Ford III, 44, of Ellicott Street, Batavia, was arrested on a warrant for alleged failure to pay a fine stemming from a loitering charge. He was jailed on $125 bail.

Coretta M. Pitts, 47, of Williams Street, Batavia, is charged with criminal contempt, 2nd. Pitts allegedly entered a residence in violation of a complete stay away order. She was jailed on $1,000 bail. 

Vincent Allen Sanfratello, 49, of Gibson Street, Bergen, was arrested on a bench warrant for alleged failure to pay a fine. Sanfratello was jailed without bail.

Joshua David Schultz, 32, of Maple Avenue, Oakfield, is charged with unlawful possession of marijuana and insufficient tail lamps. Schultz was stopped on Drake Street, Oakfield, at 5:48 p.m. Tuesday by Deputy Joseph Corona.

Jonathan Patrick Little, 25, of Boyce Road, Corfu, is charged with petit larceny. Little is accused of stealing from Kmart on Wednesday.

Failure to yield right-of-way blamed for accident on Route 63

By Howard B. Owens

A driver was cited for alleged failure to yield Thursday following an afternoon accident on Route 63 at Galloway Road that sent three people to UMMC with minor injuries.

Lisa Marie Wilson, 25, of Springville, who was among those reportedly injured, was cited for allegedly making a right turn from Galloway to Route 63 with another car approaching that had the right of way.

The accident was reported 2:47 p.m. and Town of Batavia fire and Mercy EMS responded.

Also injured were Michele A. Fox, 48, and Brandi L. Baker, 24, both passengers in Wilson's 2013 Hyundai sedan. 

The other driver, Truman W. Johnson, 63, of Medina, wasn't injured.

The accident was investigated by Deputy Eric Meyer.

DNA sample can't be matched to 2009 murder victim, nor the man convicted of killing him

By Howard B. Owens
   File Photo: Scott Doll

A single DNA sample obtained at the scene where Joseph Benaquist was found murdered Feb. 19, 2009 does not match the DNA profile of the victim and may not match that of the man convicted by a jury for his murder, Scott F. Doll, according to a recent report produced by the Monroe County Crime Laboratory.

The laboratory, in compliance with a court order issued by Judge Robert C. Noonan in April, examined about two dozen blood samples from the crime scene and determined that the left boot of Benaquist had two possible blood stains. One of the DNA profiles, the lab found, clearly matches the DNA profile of Benaquist, but the other is insufficient to match either Benaquist or Doll.

Appeals attorney Timothy Murphy, in a Dec. 16 letter to Doll at the Elmira Correctional Facility, characterized this finding as promising news. He said the report indicates a third person's DNA was found at the scene.

There is no information available on who the DNA sample might match. Neither Benaquist nor Doll are ruled out as a possible match.

The report reads:

The minor component of the DNA profile is insufficient to support an inclusion or exclusion and is therefore not suitable for comparison. No further conclusions can be reached regarding the minor component mixture.

The lab-tested bloodstains are from the roadway near Benaquist's home at 683 Knapp Road, Pembroke, from the driveway at the residence, from both of Benaquist's boots, from a shirt, a sock and a jacket.

Only the left boot contains a DNA profile that can't be matched to any known person.

The lab report is part of a set of documents provided to The Batavian by Andrew Doll, brother of Scott Doll.

The documents also contain a letter from Monroe County Medical Examiner Caroline Dignan stating that contrary to testimony from Monroe County Deputy Medical Examiner Scott LaPoint in the trial of Doll, no fingernail clippings were collected during the autopsy of Benaquist.

LaPoint testified that such clippings were always collected in a murder investigation and that procedure was followed in this case.

This new evidence, along with additional information, has Andrew Doll feeling even more skeptical about his brother's murder conviction. These include: the unexpected lack of fingernail clippings; his belief that the driveway at 683 Knapp Road was washed down within 24 hours of the murder being discovered; and that a murder weapon has never been recovered.

He's never felt, he said, that his brother has the temperament to become so angry and so out of control that he would bludgeon to death one of his very best friends. There is simply no reason Scott Doll would have killed the 66-year-old Benaquist, Andrew Doll said.

"I just feel there is more to this than what's on the surface," Andrew Doll said. "There seems to be a lot of loose ends that need to be looked at. For the sake of both families, I'm hopeful we can get to some kind of conclusion."

Andrew said his brother asked that the evidence be shared with local media because he wants people to know he's not a murderer.

Scott Doll has maintained his innocence from the beginning and leveraged his life savings along with family money to hire a nationally known attorney from Buffalo, Paul Cambria, to mount his defense at trial. Since his conviction in June 2010, Doll has pursued a couple of appeals. His murder conviction was upheld by the NYS Supreme Court in July 2012.

Last year, Murphy filed a new appeal seeking a reexamination of the DNA evidence used in the case.

Two days ago, Murphy scheduled an interview about the new development in the case for this morning. But then Murphy said he decided he could not comment on the case at this time.

We don't know, therefore, what will happen next with the case, what strategy Murphy will pursue to press forward with an appeal, or if that's even in the cards.

So far we've been unable to reach ADA Will Zickl, who is handling the Doll appeal for the District Attorney's Office.

Doll was sentenced to 15-years-to-life in state prison, the minimum sentence available to Judge Robert C. Noonan on Doll's murder conviction. The way Andrew Doll sees it, he said, the minimum available sentence suggests strongly that even Noonan, who sat through the entire trial and heard all of the evidence, doesn't believe Scott Doll committed the murder.

Noonan stated during the sentencing that he thought Doll deserved a shot at parole before he was too old or would likely die in prison.

Scott Doll became a suspect when he was found by Deputy James Diehl wandering on Lake Street in Pembroke in blood-soaked overalls. During the course of the early part of the investigation, Doll made statements about the situation, including an assertion that the blood was from a deer he had butchered. The blood turned out to be that of the murder victim. For hours, Doll was in police custody but would not discuss where the blood came from or disclose the location of a person who might need medical attention. While in custody, he made statements that were later used against him at trial.

Andrew Doll acknowledged none of that made his brother look good.

"My brother did things that didn’t seem right and weren't right, and to this day, he doesn’t know what he did and why," Andrew Doll said.

Batavia and Notre Dame primed for rematch for Rotary championship

By Howard B. Owens

rotarytournr1_2016.jpg

Norte Dame beat Attica 45-30 and Batavia topped Cal-Mum 50-31 to set the stage for a rematch of last year's exciting final in the annual Batavia Rotary Club Tournament at Genesee Community College.

Perhaps the big news of the night was an injury to Batavia's Madison McCulley (#42), a key part of the Lady Devils' talented starting five. McCulley was honored before the game for just achieving her 1,000th career point. Shortly before the end of the third period, she fell to the floor coming off a layup crying in pain. She was carried to the locker room and came out later with her knee wrapped in an ice pack. She had a medical exam today, but those exam results are not yet available.

rotarytournr1_2016-2.jpg

rotarytournr1_2016-3.jpg

rotarytournr1_2016-4.jpg

rotarytournr1_2016-5.jpg

rotarytournr1_2016-6.jpg

rotarytournr1_2016-7.jpg

rotarytournr1_2016-8.jpg

rotarytournr1_2016-9.jpg

rotarytournr1_2016-10.jpg

rotarytournr1_2016-11.jpg

rotarytournr1_2016-12.jpg

To purchase prints of photos, click here.

Gary Maha won't seek re-election as Sheriff

By Howard B. Owens
garymaha_2013.jpg
     Gary Maha

Genesee County Sheriff Gary T. Maha announced this morning that he will not seek reelection for another term.

Maha intends to finish his current term, which expires Dec. 31, and is expected to retire, ending a 27-year run as Genesee County's top cop.

That is the longest tenure for a sheriff in county history, and Maha is currently the longest-serving sheriff in the state.

Maha started his career with the Sheriff's Office in 1967 and moved up through the ranks until his appointment as sheriff in 1988 by then Gov. Mario Cuomo.

 

 

 

Batavia's Dom Mogavero picks up first team all-state honors

By Howard B. Owens

dom_allstate2016.jpg

Batavia's Dom Mogavero has been named first team in Class B to New York's All-State football team as a linebacker.

Fellow Blue Devil Greg Mruczek was named to the second team at QB. Ryan Hogan made second team as an offensive end. 

In Class D, honorable mentions went to Allen Chatt, Oakfield-Alabama, at defensive back and C.J. Suozzi, Notre Dame, at punter.

Authentically Local