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Eight arrests, 23 people accused of possessing marijuana, at Uproar concert at Darien Lake

By Howard B. Owens

The following people were arrested Wednesday by the Sheriff's Office during the Uproar Rockstar Energy Drink Concert at Darien Lake Performing Arts Center.

(Redacted upon request), 44, of Owens Street, Corning, is charged with trespass after allegedly refusing to leave the concert venue after being told to leave several times. xxxx was arraigned in Darien Town Court and remanded to jail in lieu of $100 bail.

Tyler W. Seneca, 27, of Route 438, Irving, is charged with disorderly conduct and resisting arrest after allegedly throwing items at deputies and physically refusing to be taken into custody. Seneca was arraigned in Darien Town Court and remanded to jail in lieu of $500 bail.

Deanna L. Russo, 39, of Lake Road, Webster, is charged with harassment, 2nd, and three counts of criminal possession of a controlled substance, 7th, after allegedly striking a security guard while being ejected from the venue and was then found to have possessed a quantity of three different controlled prescription drugs. Russo was arraigned in Darien Town Court and remanded to jail with no bail.

Gregory J. Brown, 35, of Louth Street, St. Catherines, Ontario, Canada, is charged with DWI and with a BAC of .08 or greater after allegedly operating a motor vehicle while intoxicated on a public walkway outside the concert venue. Brown was arraigned in Darien Town Court and remanded to jail in lieu of $250 bail.

Jeffrey J. Logal, 30 of Virgil Avenue, Buffalo, is charged with harassment, 2nd, after allegedly pushing and then grabbing a concert usher.

Stephanie N. Nonnemacher, 27, of Cedar Wood Terrace, Rochester, is charged with unlawful possession of marijuana and criminal possession of a controlled substance, 7th.

Jeffrey R. Mason, 21, of Linden Street, Cheektowaga, is charged with unlawful possession of marijuana and criminal possession of a controlled substance, 7th.

Timothy J. Slotta, 35 of Long Hallow Road, Turtle Point, Pa., was arrested on a warrant out of Cattaragus County for an alleged violation of probation.

The following people were issued appearance tickets for alleged unlawful possession of marijuana:

Albert A. Garcia, 48, of Dudley Avenue, Niagara Falls
Jordan P.Powell, 24, of Eagle Street, Medina
Sherie R. Seefeldt, 31, of Eagle Street, Medina
Kayla R. Tubinis, 21, of 86th Street, Niagara Falls
Reuben P. Satarian, 24, of Joanne Circle, Niagara Falls
Kelly L. Dale, 43, of Dowland Crescent, Burlington, Ontario, Canada
Daniel L. Aldrich, 39, of Hinman Road, Little Valley
Brandon J. Wyatt, 29, of Fawn Avenue, Salamanca
Kyle R. Gehrek, 24, of Westchester Boulevard, Kenmore
William R. Whaley II, 30, of Stone Road, Rochester
Broc W. Vanskiver, 25, of State Route 227, Burdett
Tyler P. Renaldo, 21, of Shirley Road, North Collins
Ian M. Brennan, 25, of Park Avenue, Lockport
Ryan S. Buczkowski, 19, of Castlewood Drive, Cheektowaga
Robert M. Souter, 39, of West Avenue, West Seneca
Steven R. Maskell, 19, of North Byron Road, Elba
Elliot P. Arnold, 25, of Terry Street, Byron
Gala K. Tubera, 19, of Oliver Street, Rochester
Harrison C. Delatante, 20, of Oliver Street, Rochester
Matthew R. Meiser, 23, of Newberry Lane, Lancaster
Justin J. Holler, 23, of Swamp Road, Cattaraugus

The following individuals were issued citations for alleged possession of alcohol under age 21.

Kerry R. Meissner, 19, of Bernadette Circle, Niagara Falls, Ontario, Canada
Richard I. Fancher Jr., 18, of Pine Street, Franklinville

Vehicle on fire, possible serious injury following accident on Bloomingdale Road, Basom

By Howard B. Owens

A car reportedly hit a dump truck and is on fire in the area of 1151 Bloomingdale Road, Basom.

Initially, there was reported entrapment, but now dispatchers have been told the person is out of the vehicle, but is seriously injured.

Mercy Flight is in route with an eight minute ETA.

Alabama Fire Department and Mercy EMS responding.

UPDATE 8:58 a.m.: Mercy Flight in route to ECMC.

UPDATE 9:58 a.m.: Alabama fire back in service.

UPDATE 11:29 a.m. (Photos and information provided by Alicia Kaus): The pickup truck was driven by Charles Scorse, 22, of Hamlin. Scorse was reportedly heading to the reservation to buy cigarettes after working all night in Greece and he fell asleep. His truck hit a Waste Management garbage truck that was stopped to pick up residential trash. The WM worker told Scorse to get out of his vehicle, that it was on fire. Scorse managed to get out, stumble across the road and collapse. The truck then burst into flames. He was taken by Mercy Flight to ECMC. The WM worker was uninjured.


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Photo: Workers clear out former 420 Emporium location

By Howard B. Owens

A group of at least five men showed up at 400 Ellicott St., Batavia, Wednesday evening to box up the inventory and remove the fixtures of the former location of The 420 Emporium.

The 420 was suspected of selling synthetic marijuana and synthetic amphetamines from the time it opened in Batavia in May.

The store was raided by the DEA on July 25 and its apparent local owner, Joshua Denise, was arrested. The store never reopened after the raid, though its shelves remained stocked -- until Wednesday night -- with glass pipes, bongs, rolling papers and other retail items.

For our prior coverage of The 420 Emporium, click here.

Business owned by Chad Zambito closed, assets up for auction to pay debts

By Howard B. Owens

Grammy's Laundry, a business located on West Main Street and owned by Chad Zambito, a candidate in the GOP primary for Batavia Town Board, has been closed and its assets are being sold at auction.

The auction is set for 2 p.m., Tuesday, Sept. 4, at the order of the Bank of Castile.

Besides owning money to the Bank of Castile, Zambito also borrowed money from the Batavia Development Corporation (BDC) to help upgrade and modernize the laundry.

In total, Zambito said, he owes less than $20,000 against the business's assets, which he said he expects to fetch close to $30,000 in the auction.

Zambito said today his business got into trouble in January when a plumbing problem forced him to close the laundry for two months. Even after the doors were open again, customers did not return with the same frequency as before.

He believes another business caused the blockage in the plumbing system, but it wasn't resolved in time between the other business and the landlord to get his doors reopened in a timely manner.

"It wasn't my responsibility to fix it, but yet I'm left to deal with the consequences," Zambito said.

The failure of Zambito's business was brought to the attention of The Batavian by his GOP primary opponent John Gerace. Gerace didn't accuse Zambito of stirring the pot on Gerace's own personal issues, but said if others are going drag the campaign into personal issues rather than real issues, people should know about the auction proceedings.

Zambito was appointed earlier this month to fill the vacant spot left on the Town Board by Gerace's resignation from the board in April. Zambito is also the endorsed candidate by the town's GOP committee in the Sept. 13 primary race.

While the notice on the door of Grammy's Laundry confirms the auction, The Batavian has not been able to confirm the amount of debt Zambito incurred and has not repaid. A FOIL request to the City of Batavia for related BDC documents has not yet been answered.

Zambito is a former BDC board member, but said he left that position when he was no longer employed by Genesee County Economic Development Committee, and didn't request the loan until after he was no longer a BDC member.

Grammy's Laundry, Zambito said, went through three or four years of ups and downs as he tried to get the business going and in time, prior to the plumbing problem, the laundry was not much more than a break-even proposition.

"I worked with both lending institutions in an attempt to stay on track, but it got to be too much," Zambito said.

Law and Order: Employee accused of stealing more than $7K from scrap metal company

By Howard B. Owens

Richard Russell Vetter, 57, of Main Street, Varysburg, is charged with grand larceny and 10 counts of falsifying business records. Vetter is accused of making false metal purchase entries into business records while employed at Stanley Staba & Sons in Darien and writing himself checks in excess of $7,000.

Brian Mark Mahaney, 24, of Indian Falls Road, Pembroke, is charged with reckless endangerment. Mahaney is accused of being involved in a domestic dispute. He allegedly drove a motor vehicle eastbound on Indian Falls Road, crossed the center line into the path of a westbound vehicle. The westbound vehicle reportedly had to drive off the pavement to avoid a collision. Mahaney then allegedly followed the vehicle to a residence and threatened to fight the vehicle's occupants.

Thomas Jacob Wolcott, 26, of West Main Street Road, Batavia, is charged with criminal contempt, 1st, and harassment, 2nd. Wolcott is accused of being involved in a physical altercation with a protected person whom he was ordered not to engage in any criminal act against. He allegedly grabbed the victim by her neck and threw her about a room. Wolcott was jailed on $2,500 bail.

Steven James Scott, 21, of Dellinger Avenue, Batavia, is charged with DWI, driving with a BAC of .10 or greater, open container and unlawful possession of marijuana. Scott was taken into custody following a report at 8:36 p.m., Tuesday, of a motorist needing assistance on Route 33 in Bergen. The motorist reportedly attempted to flag down passing cars. Upon investigation, deputies Joseph Graff and Matthew Butler identified Scott as the operator of a motor vehicle who was allegedly driving while drunk.

Triton Adam Drock, 18, of Buell Street, Batavia, is charged with endangering the welfare of a child and sexual abuse, 2nd. Drock allegedly had an ongoing relationship with a minor female. Drock is accused of acting in a manner injurious to the physical and moral welfare of a minor. Following arraignment in Darien Town Court, Drock was released on his own recognizance and issued a stay-away order for the minor female.

Grand Jury indicts Alabama man on 28 counts of sexual abuse

By Howard B. Owens

Earl Francis Sprague, 42, of 1366 Church St., Alabama, who was arrested over the weekend on two charges of sexual abuse has been indicted on 26 such Class D felonies by a Genesee County Grand Jury.

The indictment alleges sexual abuse in the first degree against a child under age 11 on 28 separate occasions from 1999 through 2009.

Sprague, who is accused of abusing a single victim, was also charged with endangering the welfare of a child, a Class A misdemeanor.

Attorney, young celebrity arrested in Pembroke on charges of DWI and prostitution

By Howard B. Owens

A prominent Rochester attorney and a former reality TV personality are in the national news today after they were arrested in Pembroke on Tuesday morning.

James Doyle, 54, of Rochester is accused of DWI, refusing a breath test, providing alcohol to a person under age 21 and patronizing a prostitute.

Alicia Guastaferro, 20, of Williamsville, is charged with criminal Impersonation, criminal possession of a controlled substance and prostitution.

At age 16, Guastaferro appeared in the reality TV series "Wife Swap," a series on the Lifetime Network that involves unhappy spouses switching families for a week.

In the episode Guastaferro appeared in, viewers learned the teenage beauty queen received a Christmas present from her parents every single day.

Doyle has made several statements to the media, including WHAM 13, denying all of the charges. He described Guastaferro as a family friend.

Car has reportely struck parked tractor-trailer on North Street, Le Roy

By Howard B. Owens

A small car has reportedly struck a parked tractor-trailer in the area of 76 North St.,  Le Roy.

Le Roy fire and ambulance dispatched.

UPDATE 9:32 p.m.: A second ambulance requested to the scene.

UPDATE 10:06 p.m.: Caledonia ambulance transporting a patient. Le Roy fire on scene until car is towed.

UPDATE 10:23 p.m.: Le Roy back in service. Road reopened.

Photos: City firefighters try out new engine

By Howard B. Owens

City of Batavia firefighters got to get a hands-on experience for the first time today with their new fire engine, to be known as Engine 11.

Representatives from Rosenbauer, the company that built the engine, were on hand for the orientation.

Firefighters were able to try out all of the controls -- from the spray canon to the foam nozzle -- to familiarize themselves with the operations of the engine.

Two platoons went through the orientation today and two more will get their chance to check out the new apparatus on Thursday.

Chief Jim Maxwell said he expects Engine 11 to go in service on Sept. 10.

Purchase of the $342,000 fire truck was approved by the city council in April using funds specifically set aside for the fire department.

Engine 11 replaces Engine 14, which was retired due to escalating repair costs to keep it up to standards.

City firefighters respond to reported oven fire on Jackson Street

By Howard B. Owens

Batavia Fire Department has responded to 104 Jackson St., lower, for a possible oven fire.

The apartment is full of smoke.

The resident states he just moved in and it's the first time he used the stove.

UPDATE 7:33 p.m.: Burnt food. City fire ventilating the apartment.

UPDATE 7:45 p.m.: The food is out of the stove, the stove is out of the house and City fire is back in service.

John Gerace hopes to convince voters he deserves board seat he resigned just months ago

By Howard B. Owens

The signs say "Re-Elect John Gerace, Town Board," but it's not that simple.

Gerace is not the incumbent in Batavia.

Chad Zambito is. He was appointed earlier this month to the seat vacated by Gerace in the spring.

Gerace has been trying to get the seat back ever since his letter of resignation, which he says was written in a "knee-jerk reaction," was accepted by Supervisor Greg Post.

As for Zambito, he's not overly concerned about Gerace posting "re-elect" signs.

"I don't think he's necessarily trying to confuse the issue," Zambito said. "I just think they're from a prior election."

Gerace said he figures he can run for reelection because he's been elected before.

Of course, so has Zambito.

Both were first elected to the town board in 2003, and then Zambito resigned in 2007 when he became VP of marketing for Genesse County Economic Development Center, causing a possible conflict of interest.

Now they face each other in a GOP primary Sept. 13 that is the result of Gerace's resignation in April.

At the time, Gerace wouldn't discuss his resignation. Now he acknowledges it was spurred by events at the awards and installation dinner for the Town of Batavia Volunteer Fire Department.

Gerace was intoxicated at the event and was observed being loud and boisterous.

What happened later in the evening isn't clear, but Gerace said that contrary to various rumors, he was not involved in a physical altercation with Supervisor  Post.

He said he and Post had words outside of the fire hall about his behavior, and some people followed them out to see what was going on, but that was it.

"I held myself up to a higher standard than most people being an elected representative," Gerace said. "(My resignation) was a knee-jerk reaction. The next day I spoke with the supervisor about it and he asked me what I should do and I said I would fire myself. It was a knee-jerk reaction."

Even though he acknowledges that he wrote a letter of resignation, it was never intended to go through or be made public.

It was supposed to be held in abeyance until and unless he had any similar problems in the future.

Once word got out about the letter, however, Gerace said, Post had no choice but to accept it.

Gerace said he also went to the next board meeting for the fire department and personally apologized to every member for his behavior at their event.

Earlier this month, Zambito, who was endorsed by the town GOP as Gerace's replacement, was selected by the town board to complete Gerace's term.

Gerace believes the process for selecting Zambito violated parliamentary procedures under Roberts Rules of Order. But Zambito said the town's attorney looked into it and the process was fine.

Besides the fire department event and resignation, the other issue that may dog Gerace in the primary is a question about unpaid taxes.

In June, NYS Taxation and Finance issued a tax warrant against Gerace $571.26.

When asked about it, Gerace said, "I know what that's about. It's taken care of."

The Batavian learned of the tax warrant after an unknown person attached a copy of it to our office door.

Even with all these issues, Gerace said he's confident he's the right man for the job and that voters should check off his name on their ballots.

"I have a proven track record serving the Town of Batavia," Gerace said. "I'm a lifelong resident of this area. It's very near and dear to me and the issues that effect this area effect myself. I don't vote to approve or disapprove motions for myself. I look at how they effect every member of the community."

Gerace added that he also has a near-perfect attendance record for town meetings over the past decade.

Zambito said he would bring experience and professionalism to the position.

He noted that besides being a previous town board member and serving on the Genesee Chamber of Commerce Board, his three years with GCEDC is just the kind of experience the board needs right now with all the planned and anticipated growth in the town.

Possible serious injury accident at Route 20 and Harlow Road, Darien

By Howard B. Owens

A possible serious injury accident is reported in Darien at Route 20 and Harlow Road.

Darien Fire Department and Mercy EMS are being dispatched.

Mercy Flight is available if needed.

UPDATE 10:01 a.m.: Mercy Flight on in-air standby. There may be as many as four people injured. Unknown how many are trapped in vehicles.

UPDATE 10:06 a.m.: First chief on scene reports all occupants out of the vehicle. Only minor injuries. Mercy Flight is cancelled.

UPDATE 11 a.m.: At least one patient being transported to UMMC. Some fire units back in service. Some personnel on scene to help with traffic until vehicles moved.

UPDATE 11:03 a.m.: All units back in service.


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Wichita man caught 'sexting' with local teen given 26 years in prison

By Howard B. Owens

A Wichita, Kan., man who enticed a 14-year-old Batavia girl into sending him naked pictures of herself through text messages was sentenced in Federal Court yesterday to more than 26 years in prison.

Shane M. McClelland, 26, Wichita, Kan., was convicted in a jury trial in May on one count of producing child pornography.

During trial, prosecutors presented evidence that McCelland used the Internet to strike up a relationship with a 14-year-old girl in Batavia.

At McClelland’s request, the girl sent photographs of herself naked to McClelland. The mother of one of the girl’s friends became aware of what happened and reported it to police.

Det. Todd Crossett and Office Jay Andrews initiated the investigation in Batavia and during the course of the investigation Crossett posed as a 14-year-old girl and communicated with McClelland.

Crossett testified at McClelland's trial in May about the chain of evidence and his exchange of text messages with McClelland.

After McClelland's conviction, Crossett said, "He was definitely a sexual predator. He had a past history of doing this sort of thing and he does it again soon after he gets out of prison. That indicates the kind of person he is."

At sentencing in Federal Court in Wichita, prosecutors asked the judge to take into consideration McClelland’s prior conviction in September 2004 in Sedgwick County District Court for aggravated indecent liberties with a 13-year-old girl.

According to LJWorld.com:

McClelland's lawyer argued 20 percent of teens are "sexting" and said the sentence amounted to cruel and unusual punishment. He said the 14-year-old was old enough to know better.

Alabama man accused of first abusing child 13 years ago

By Howard B. Owens

A 42-year-old Alabama man has been charged with two counts of sex abuse in the first degree for allegedly abusing a child.

The alleged abuse was first reported recently, but the initial allegation goes back to 1999, when the child was of preschool age.

Investigators suspect there were more alleged incidents of abuse in the following years against a single victim, but the initial two counts cover alleged incidents in 1999.

Additional charges are pending against Earl Francis Sprague, a Church Street resident in the Town of Alabama.

The alleged abuse took place at another location in Genesee County.

According to the Sheriff's Office press release the child was "in the care" of Sprague at the time of the alleged abuse.

Sprague was arraigned in Town of Alabama Court and jailed on $50,000 bail.

UMMC announces personnel changes in medical records department

By Howard B. Owens

Press release:

National reform measures and sweeping technology changes apply intense pressures to the way United Memorial currently delivers medical services to the people in our community.  Over the next ten years, it is estimated that our hospital will lose approximately $15 million in reimbursement due to payment reductions from Medicaid and Medicare. That, coupled with our move to an electronic medical record, has led to changes in the Medical Records Department.

For the past several months, United Memorial has used the services of Intivia, a medical transcriptionist service, for dictation and transcription of physician notes in the medical record of patients in the Sleep Lab and Medical Offices. Faced with the need to make a significant capital investment in the Hospital’s current transcription system and with the move to an electronic medical record for all patients, United Memorial began evaluating whether the time had come to contract with Intivia for all the Hospital’s transcription needs.  After carefully weighing the benefits and costs associated with using a service such as Intivia, with that of maintaining our current transcriptionist process, United Memorial, like many hospitals across the country, will transition to a transcriptionist service.

This change will be especially difficult for five transcriptionists currently employed by United Memorial. On Wednesday, their leadership team met with them to discuss the employment options available. Of the five people directly affected by the change, we are hopeful that two will immediately continue their employment at United Memorial by accepting positions as a coordinator for the transcriptionist service or as a medical records secretary, The three remaining employees will be invited to stay, at the same rate of pay and benefits, to work on a medical records project that is expected to last, at a minimum through the end of the year. They will receive preferential treatment for positions that become available within the organization where they meet the qualifications.

Transitioning from paper to an Electronic Medical Record reflects a growth in practice and as we continue to move to an EMR we believe that transcription requirements will eventually decrease in the hospital setting. The contract with Intivia will realize an annual savings of over $200,000 and is expected to take effect on September 10, 2012.

Every effort has been made to assist employees directly impacted by the change. Their department manager has had frank discussions with the staff to inform them that the organization was researching transcription options available. A decision was not announced until a plan had been created to ease the transition, and the burdens it carries, for the employees affected. They are hardworking and valued colleagues that we would like to see continue with our organization.

Turnbull wins dealer of the year award from York

By Howard B. Owens

Bill Hays, president of Turnbull Heating & Air Conditioning accepts the York Residential Dealer of the Year Award from Jon Beato, sales manager for Upstate Systems.

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