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Accident with injuries reported on Route 77, Darien

By Howard B. Owens

A motor vehicle accident with injuries is reported on Route 77, just south of Herkimer Road.

Darien fire and ambulance dispatched.

UPDATE 4:48 p.m.: It's a car/deer accident at 1784 Route 77.

UPDATE 5:10 p.m.: Accident victim signs off on medical treatment. All Darien units returning.

Driver doing spinouts and donuts in Darien causes property damage

By Howard B. Owens

The Sheriff's Office is investigating some property damage at two different locations in Darien apparently caused by a driver doing donuts, rubber burns and spinouts in the parking lots of two establishments.

One building, Johnny Bears Family Restaurant, 1415 Broadway, was struck during the overnight incident and sustained damage.

The vehicle is believed to be a pickup truck and it struck the building with it's rear driver's side.

After damaging Johnny Bears, the pickup traveled to Triple C Shop Mart on Route 20 and did extensive burn outs and spins, damaging the parking lot and gas tank covers.

All of the damage was caused between 9 p.m. and 4 a.m.

Anyone with information about the incident can contact the Sheriff's Office at (585) 343-5000.

Retirement party ends with wedding for former State Police investigator

By Howard B. Owens

When I interviewed retired State Police Investigator Leo Hunter for an article on his career and his family, Leo told me a secret and made me promise not to include it in the story: He and his fiancé Dawn Rindel were going to get married at the end of the retirement ceremony.

Judge Robert C. Noonan, who MC'd the retirement party and then officiated the wedding, quipped that Hunter didn't do a very good job at keeping a secret. At least half of the 300 or so people at the party at the Clarion Hotel on Friday night knew what was coming.

With all of Hunter's six children, his sisters and many friends present, Hunter and and Rindel exchanged vows and were pronounced by Noonan husband and wife.

After the service, each of Leo's children spoke briefly and said how proud they were to have Dawn as part of their family now and thanked their father for being a great dad.

Man involved in standoff in State Street rooming house held on three charges

By Howard B. Owens

A State Street resident involved in a brief standoff with police after he allegedly fired a shot from a .357 magnum in his rooming house is facing three criminal charges.

Dennis G. Wolfe, 51, of 218 State St., Batavia, is being held without bail on charges of criminal possession of a weapon, 3rd, reckless endangerment, 1st, and menacing a police officer.

Officers responded to 218 State St. at 3:52 p.m. after receiving two 9-1-1 calls from neighboring tenants who said they heard a single gunshot from inside the building.

Within minutes, Wolfe was located in room #10 and the responding officer radioed for backup, reporting that Wolfe was holding a gun.

According to police officials, Wolfe allegedly pointed the gun alternately at himself and a police officer.

After about 15 minutes of negotiations, Wolfe was convinced to drop the weapon.

According to police, Wolfe was involved in an ongoing dispute with a neighbor and was being evicted from the rooming house as a result.

Nobody was injured in the incident.

The investigating was conducted by Sgt. John Peck, Det. Paul Caffo, Det. Todd Crossett, Det. Kevin Czora, officers Thad Mart, Kevin DeFelice, Matt Lutey and Jamie Givens.

Also responding to the scene were deputies and troopers.

Photos: Shopping locally brings holiday cheers to the whole community

By Howard B. Owens

There are numerous locally owned shops in Genesee County that are ready to lift your spirits this holiday season, including our locally owned liquor stores.

Our locally owned businesses give to the community all year long. During the holiday season is a time to give back by keeping your hard-earned dollars in our local community and shopping locally as much as possible for your gift and entertaining needs.

Above, Christine Crocker, owner of YNGodess.

Chris Blossom, West Main Wine and Spirits

Priya Rathod, Mr. Wine and Liquor

BREAKING: Prison sentence for Jacquetta Simmons stayed pending appeal

By Howard B. Owens

UPDATED, 3:56 p.m.

A NYS Supreme Court Justice has stayed the five-year prison term of Jacquetta Simmons pending an appeal of her sentence. The 27-year-old Batavia woman was convicted of punching a 70-year-old Walmart cashier a year ago Christmas Eve.

Simmons can be released from prison on either $50,000 cash bail or $50,000 bond or other security.

District Attorney Lawrence Friedman and ADA Melissa Cianfrini appeared in the chambers of Associate Justice Rose Sconiers, Appellent Division, 4th Department, this afternoon to argue against defense motions in the case.

Friedman said Sconiers isn't required to offer a reason for issuing the stay, but the argument that seem persuasive to her was the defense contention that Simmons' sentence was overly harsh.

Three attorneys represented Simmons, Friedman said, and argued that no other first-time felony offender convicted of second-degree assault in Genesee County since 2006 has received a prison term.

Two of the attorneys for Simmons said this afternoon that there were several reasons they believe the sentence was overly harsh, including all of the arguments raised by Attorney Ann Nichols in her statement to Judge Robert C. Noonan at the sentencing.

Among the factors -- she said she believes Noonan should have given more weight to Simmons' lack of documented encounters with the law, her college education, her steady employment, her volunteer work in the community and the broad range of support from "people who actually know her."

Attorney Earl Key added, "There are lots of things in our report that were raised at sentencing, but we put the law behind them and really detailed the law on what harsh and excessive is."

The defense team is also pursuing an appeal on the conviction of Simmons, and still believe they can get the conviction overturned, but Key said they led off today with the issue of the sentence.

Friedman said he and Cianfrini could have argued the case over the phone, but went to Buffalo to represent the people of Genesee County and the victim, Grace Suozzi, in person, rather than let only the defense appear in chambers.

The defense has until May 31 to finalize its motion and present its legal briefs.  Assuming Simmons makes bail, she could be out of prison until a ruling on the motion is issued.

Key said the actual order by Sconiers hasn't been signed yet, and until he has it in hand, he declined to discuss the process by which Simmons might be released from prison.

Architect shares vision for possible future for the Wiss, and the Village of Le Roy

By Howard B. Owens

The Wiss Hotel building in Le Roy can be saved, village renewal expert Rick Hauser told about 50 people gathered in the village hall last night to hear his presentation.

The foundation is straight. The walls are straight. It needs a new roof and nothing in the interior can be saved, but it's got "good bones," he said.

And the two-floor apartments on the second and third floors would be pretty awesome.

The total cost of the renovation? About $1 million, financed by the formation of a limited liability corporation that would raise $400,000 in equity and borrow another $600,000.

"In my experience, nice apartments are hard to come by, and in my experience, and again, that's all I'm going on, as well as the supply and demand in Le Roy, and that's more anecdotal -- there's a shortage of apartments," Hauser said. "These kind of apartments get good rent and rent for the full amount. They become your anchor tenant. You are going to fill the apartments."

The first floor would consist of four or five retail or business spaces, in the draft plan created by Hauser, CEO of InSite: Architecture. 

Hauser has been consulting with people in communities like Le Roy for a number of years, but the best example of his work can be found in Perry, his hometown, where he has helped community residents rehabilitate several old buildings and turn them into profitable, attractive, productive mixed-use complexes.

The property values of those buildings have gone, in general terms, from the tens of thousands up to $150,000 and even $250,000.

Every building has gone from a deteriorating eyesore to an attractive, money-making venture.

The first part of Hauser's presentation included pictures of the accomplishments of the Perry community in revitalizing their downtown area. He also shared how a Main Street, LLC works.

It involves getting 30 or 40 local residents to invest in the LLC, either making a monetary contribution or in-kind (a plumber doing the plumbing work in the building, an electrician doing electrical, etc).

This isn't charity. The investors can potentially share in profits.

They could also realize any tax benefits.

The biggest tax advantage would be realized if Le Roy could successfully get its downtown designated a National Historic District (Le Roy is totally appropriate for such a designation, Hauser said), then 40 percent of investments in building preservation becomes a tax write-off for investors.

If $400,000 of the $1 million restoration cost came from investors, each one would realize a 100 percent, potentially, write-off on their share of the investment.

The project isn't without difficulties and risks, Hauser said. There will be critics who try to stop it, creditors will want tenants before loaning money, tenants will want improvements before they commit and no improvements can be made until the LLC has some loans in place to help get the project started.

However, Hauser said, the trick to solving this "chicken and egg" problem is to treat it like a flywheel -- get a little momentum going and build on it. If a bank says, "yeah, we can loan you some money if you have a tenant" find a tenant willing to commit if financing is in place, and keep building piece by piece from there.

Part of Hauser's suggestion for the Wiss is for the LLC to borrow $200,000 from the village at no interest.

The estimated demolition cost for the Wiss is $200,000. Rather than spend that money with no possibility of return on investment, Hauser is suggesting that the money be committed to something that will turn the Wiss into an asset that will help spur economic growth and generate more tax revenue for the village.

When a group of people make this kind of investment in their community, Hauser said, they become the champions of the village that help drive economic growth. They shop more in the village and encourage others to support local businesses. They have a greater stake in the economic vitality of the community.

"When you ask people to put their money where their house is, it's self interest, but it's self interest writ large," Hauser said.

Asked if the Wiss was worth saving when it's not really an obvious architectural beauty, Hauser said he never really looked at the building that way. It's a potential asset to the community because of its size, scale and location. It's more valuable where it stands than as a vacant lot.

"Saving an old building is a tool for economic growth," Hauser said. "It creates jobs. It creates business opportunity. It brings nice apartments that attract people who have stable incomes and is a catalyst for other initiatives that make Le Roy a better place to live. I don't really care about the architectural beauty of the building."

Microwave fire on Griswold out, but ambulance requested

By Howard B. Owens

A caller reports a microwave fire at 5893 Griswold Road that is now out, but an ambulance is requested to the scene.

The microwave is now in a bathtub full of water.

Byron fire responding. South Byron staging in quarters.

UPDATE 10:05 a.m.: South Byron can go back in service.

UPDATE 10:14 a.m.: Correction, it was Stafford fire that responded. Stafford fire is back in service.

Batavia man allegedly found in possession of cocaine and heroin

By Howard B. Owens

A Batavia resident was stopped by members of the Local Drug Enforcement Task Force while driving in Alabama on Thursday evening and allegedly found in possession of heroin and cocaine.

Joe C. Wind, 42, of Horseshoe Lake Road, Batavia, is charged with criminal possession of a controlled substance, 7th, and criminal possession of a hypodermic instrument.

Investigators allegedly found a needle with suspected heroin residue, a bag containing suspected heroin, a bag containing suspected cocaine and a glass pipe containing suspected cocaine residue.

Wind was issued an appearance ticket and released.

Uniformed deputies assisted in the traffic stop.

Mysterious gunshot passes within foot of the head of a person in Darien home

By Howard B. Owens

A gunshot into a residence on Broadway Road, Darien, passed within a foot of the head of an occupant at about 4:30 p.m., Thursday, according to the Sheriff's Office.

Nobody was injured in the incident, but investigators are looking for information that might help them determine who fired the shot.

The projectile is identified as a .45 caliber sabot slug. The type is commonly used in a rifle-barreled shotgun, according to the Sheriff's Office.

The slug passed through a sliding glass door at the rear of the home from a southerly direction. It stopped when it struck a panel door.

Damage at the residence is estimated at $1,000.

The location of the residence is between Tinkham Road and Route 77.

Anybody with information that may assist in the investigation is asked to call (585) 343-5000.

Law and Order: Jail resident accused of sexually assaulting fellow inmate

By Howard B. Owens

Raymond Lee Leach Jr., 55, of Montclaire Avenue, Batavia, is charged with aggravated sexual abuse 3rd. Leach is accused of jamming a toothbrush into the rectum of another Genesee County inmate while that person was sleeping. Bail on the new charge was set at $10,000.

John Thomas Jaccoud, 40, of Hutchins Street, Batavia, is charged with petit larceny. Jaccoud is accused of stealing from Darien Lake Theme Park while employed at the park.

Brad C. Doward, 23, of 10 Hall St., Batavia, is charged with criminal contempt, 2nd. Doward is accused of violating a stay-away order of protection. Doward allegedly went to the residence of the protected party and called that person on the telephone.

Melissa G. Betances, 31, of 189 1/2 Pearl St., Batavia, is charged with criminal contempt, 2nd. Betances is accused of violation an order of protection by contacting the protected party via text message.

Nicole E. Reilly, 19, of 10483 Bethany Center Road, Bethany, and Jennifer L. Judkins, 18, of Albion, are charged with petit larceny. Reilly and Judkins allegedly stole merchandise from Dollar General on East Main Street, Batavia.

Rollover accident with unknown injuries reported in Stafford

By Howard B. Owens

A one-car rollover accident has reported in the area of 6485 Thwing Road, Stafford.

Unknown injuries at this time.

A homeowner in the area spotted the vehicle but did not see the accident. It's not known at this time if there are any occupants in the vehicle.

Stafford fire along with Mercy EMS dispatched.

UPDATE 8:14 a.m.: The resident reports nobody is in the vehicle. The resident believes that accident happened within the past 30 minutes, but did not see it. Mercy EMS to continue non-emergency until a Stafford chief arrives on scene to further assess the situation.

UPDATE 8:16 a.m.: The victim has been located and has a minor hand injury.

UPDATE 8:37 a.m.: Stafford fire back in service.


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Photos: Yes, Virginia, shopping local for gifts is a great idea

By Howard B. Owens

Of course you can find great gifts in locally owned stores, and at prices you can afford.

Above, Rich Mortellaro and Doug Barnard of R&D Outlet Center.

Guy Clark, Cedar Street Sales and Rentals.

Barbara Rumsey and Jeanne Walton, the Artisan Shop @ The YWCA (Barbara is one of the local artisans whose work is available for purchase at the store).

 

Pedestrian at Walmart says her foot was run over by car

By Howard B. Owens

A woman at Walmart says a car ran over her foot while she was in the parking lot.

Initially, she refused an ambulance response, but her father, at another location with a police officer, insisted that an ambulance respond to Walmart.

The suspect vehicle has apparently been located on Route 63.

Batavia PD seeks assistance in identifying Dollar General robbery suspect

By Howard B. Owens

Batavia PD is seeking assistance in identifying the man in this photo. He is a possible suspect in Tuesday's robbery of the Dollar General on East Main Street.

The suspect is described as a light-skinned black male, approximately 6-feet tall, wearing blue jeans and a dark Carhartt-style coat.

Anyone with information can contact the Batavia PD, Det. Todd Crossett at 345-6353, or 345-6350.

Marker commemorating the Cary Mansion dedicated on East Main Street

By Howard B. Owens

Margaret Brisbane told Trumbull Cary some time prior to 1817, if you're going to marry me, you're going to build me a mansion.

So the man who founded the Bank of Genesee and served as a NYS Senator and Batavia's first treasurer, built a mansion.

And it stood for nearly 150 years as one of Batavia's grandest structures, until the board of St. Jerome's on only about 30-days notice in 1964 tore the building down, stealing from Batavia another piece of its heritage.

Today, the once-handsome mansion and the man who built it were commemorated with a plaque on the former mansion site. The marker was paid for by the William C. Pomeroy Foundation.

Sallie Fogarty, the great-great-great-granddaughter of Trumbull and Margaret Cary was in Batavia for the dedication of the market (pictured above with City Historian Larry Barnes).

Prior to the dedication, Barnes told the assembled audience in the Go Art! building (the former Batavia Club and first permanent home of the Bank of Genesee) about Cary and his mansion.

Cary, born in 1787 in Mansfield, Conn., moved to Batavia in 1805 at age 18 to seek his fortune. He went to work for the post office, served as clerk for James Brisbane, and eventually became Batavia's postmaster.

Later, he became a local merchant and began to build his fortune.

He helped found St. James Episcopal Church.

In 1833, he helped finance the Tonawanda Railroad, the first rail line to serve Batavia.

The Carys -- Trumbull died in 1869 and Margaret in 1863 and both are buried in Batavia Cemetery --  had one child who survived into adulthood. His grandson was the last Cary to live in the mansion.

Fogarty traces her family tree back to this second Trumbull Cary, who died in 1913, and his first wife, Grace Truscott, who died in 1882.

Harry E. Turner (H.E. Turner Funeral Home) purchased the mansion in 1922.

On the demands of George Cary, brother of the second Trumbull Cary and a prominent architect in Buffalo, Turner sold it back to the Cary family. 

George Cary was determined to turn the mansion into a tourist destination owned by the city. He paid for restoration and set up a board to oversee its operation and then deeded the property to the city. After the operations ran into some financial trouble two years later, the city established a commission to determine what should be done with the mansion. The commission determined it could be run profitably, but the city council voted to give the property back to George Cary in 1936.

The property was rented by various businesses over the years and ownership passed from George Cary to his daughter Allithea Lango, Boston, Erie County.  Local businesses that had space in the mansion included Pontillo's and Valle Jewelers.

Lango sold the mansion to St. Jerome's in 1959. The hospital began building a nursing school on the back of the property and then with very little notice decided to tear down the mansion to expand the nursing school.

The board said the building was in a "dangerous" condition and had be demolished immediately. Batavia residents were given no time to weigh in on the demolition.

The nursing school closed in 1982. The building is now called Cary Hall and is owned by UMMC.

Last year, UMMC acquired the neighboring property, the former location and of the Elks Lodge building, and with little notice to the community, tore that building down.

Crews repairing water main leak on Ellicott Street Road, Batavia

By Howard B. Owens

Town of Batavia crews are still working to repair a water main break on Ellicott Street Road at Shepard Road.

The break was discovered around 5:30 a.m. when a worker noticed gauges at the water plant were giving unsatisfactory readings. He went for a drive and found a bulge in the ground at the location of the leak.

There is no ETA for the repair to be completed.

Some residents in the area are without water and others have low water pressure.UP

UPDATE: Water service is restored.

Law and Order: Woman charged with grand larceny for destroying contents of found wallet

By Howard B. Owens

Tovia Poles, 24, of 77 W. Main St., Le Roy, is charged with grand larceny, 4th. Poles is accused of finding a wallet and rather than turn it into police, kept the wallet, destroyed the contents and then used the wallet herself. The person who lost the wallet reportedly left it on top of her car and then drove off from a parking spot on West Main Street, in the Village of Le Roy. The wallet fell to the ground at that location. The wallet contained personal identification, a credit car, a driver's license and a checkbook.

Chad Edward Merle, 31, of Broadway Road, Alexander, is charged with violation of a Family Court act. Merle was picked up on a Family Court warrant.

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