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Jail phone system out of service, under repair

By Howard B. Owens

The phone system for the Genesee County Jail is out of service for technical reasons.

Repair crews are on scene.

Emergency contact with the jail can be made through the dispatch center at 343-5000.

Mug Shots: suspects on Batavia PD's warrant watch list

By Howard B. Owens

There are 14 people listed on the Batavia PD's warrant watch web page. Here are five people currently being sought by police.

The website warns people against trying to apprehend these suspects themselves. If you spot the individuals or know their whereabouts, police ask that you call 9-1-1 or (585) 345-6350 to speak to a dispatcher or call the anonymous tip line at (585) 345-6370.

Christina M. Maynard, 30, last known address is 134 State St., Batavia; bench warrant for alleged operation of a motor vehicle while intoxicated, 1st.

Shane D. Vandenberg, 32, last known address is 20 S. Main St., Batavia; bench warrant for alleged menacing, 3rd, and violation of probation.

Larry K. Brewer, 46, last known address is 3 Maple St., lower; five warrants for aggravated unlicensed operation, 3rd, aggravated unlicensed operation, 2nd, criminal contempt, 2nd, criminal contempt, 1st, and two counts of harassment, 2nd, and criminal contempt, 1st, and aggravated harassment.

James Haynes, 25, with a last known address on South Lyon St., Batavia; warrant for attempted assault, 3rd.

John W. Biaselli, 43, with a last known address of 218 State St., Apt. #8; bench warrant for alleged criminal sale of a controlled substance, 5th.

Field fire reported off Route 20, Alexander

By Howard B. Owens

A field fire is reported in the area of 2757 Route 20, Alexander.

Alexander Fire Department dispatched.

A passerby reports that it looks like a controlled burn that has now spread.

UPDATE 10:12 a.m.: A brush truck from Darien was requested, but a chief on scene now requests that Darien stand by in quarters.

UPDATE 10:16 a.m.: Darien back in service. One Alexander unit canceled.


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Batavia man listed on city's warrant watch page located and arrested

By Howard B. Owens

A 19-year-old Batavia man who was listed on Batavia PD's warrant watch web page for a few weeks was arrested Monday after being located at Kibbe Park.

Name Redacted was wanted on two outstanding warrants out of city court, one stemming from unlawful possession of marijuana charge and the other on an endangering the welfare of a child charge.

Following arraignment, xx was jailed on $1,100 bail.

The first charge against xx was filed May 28 when xx allegedly served alcohol to people under 21 years of age.

The unlawful possession of marijuana charge stemmed from a Sept. 19 visit by the probation department at his residence when xx was allegedly found in possession of a smoking pipe with marijuana residue.

There had been a warrant issued for xx out of Town of Batavia Court on March 26, but it was recalled yesterday and the court record was sealed.

Two men seen stealing sheet metal from barn on Clipknock Road

By Howard B. Owens

Two people apparently stole some salvaged sheet metal from inside a barn on Clipknock Road, Stafford, this morning.

The suspects are described as "average white males."

They were last scene about 40 minutes ago heading east on Sweetland Road in a '90s-era white pickup truck.

It sounds like it should be easy to spot with the sheet metal piled high in the back of the truck bed.

The truck may be heading toward Rochester.

Anybody with information that may assist the investigation can contact the Sheriff's Office at 343-5000.

Firefighters accused of being bookies still on city payroll

By Howard B. Owens
Gregory Phillips Brian Bordinaro Lance Engel

Gregory Phillips, Brian Bordinaro -- two city firefighters accused of running an illegal bookmaking operation -- are still on the public payroll, according to City Manager Jason Molino.

Under New York's civil service law, employees accused of wrongdoing can't just be fired. There is a legal process for disciplinary action.

The city is working with the Sheriff's Office in obtaining evidence that might be used in a disciplinary process, Molino said, but no formal action has been taken yet.

The law requires that once a government agency suspends an employee without pay, the employee is allowed a disciplinary hearing -- where evidence is presented to support any disciplinary action -- and the employee can mount a defense within 30 days.

"We're still in the process of investigating things," Molino said.

Phillips and Bordinaro were arrested along with another public employee, Lance Engel, in February, and charged with criminal possession of gambling records.  Phillips was also charged with criminal possession of a controlled substance, 7th, for allegedly possessing a small quantity of cocaine.

Yesterday, the three men were arraigned on new charges, accusing them essentially of racketeering under New York's "enterprise corruption" statute, and of promoting gambling. 

Enterprise corruption is a Class B felony with a maximum possible prison term of eight-and-a-third to 25 years.

The three men are accused of running a criminal enterprise that generated at least $1 million in bets and more than $70,000 in profits.

The District Attorney's Office presented the suspects' defense attorneys with a six-inch high stack of paper that is reportedly the evidence gathered against the three men so far.

Sgt. Steve Mullen, lead investigator on the case, said the investigation is ongoing. The Sheriff's Office is still waiting for data from the computers and mobile phones seized when officers with search warrants raided the homes of the three men in February. The lockers at the fire hall of Phillips and Bordinaro were also searched.

The evidence gathered thus far covers only a portion of the time the trio is believed to have been allegedly involved in bookmaking.

Mullen said yesterday that some of the people who allegedly placed bets through the operation were in debt to the three suspects for thousands of dollars.

Investigators have indicated -- though are still trying to determine for certain -- that Phillips and Bordinaro were allegedly receiving betting-related text messages and phone calls while on duty.

Possible injury accident on Route 33 at Wortendyke Road

By Howard B. Owens

A motor-vehicle accident with injuries has been reported at Route 33 and Wortendyke Road.

It may be a rollover accident.

Power lines may be down.

UPDATE 4:08 p.m.: Dispatchers are receiving conflicting reports on injuries. Trooper on scene reports the pole is tilted but wires are not down.

UPDATE 4:16 p.m.: Minor injuries. East Pembroke Fire Department is on scene.

BREAKING: Alleged bookies charged under NYS organized crime statute

By Howard B. Owens

Three men accused of illegally accepting bets, including two city firefighters, are being charged under NYS law of racketeering.

The "enterprise corruption" statute is similar to the federal RICO (Racketeer Influenced and Corrupt Organizations Act) law.

The Class B non-violent felony carries a possible minimum sentence of one to three years in prison and a maximum eight-and-a-third to 25 years. Probation without prison is not a sentencing option.

Gregory Phillips, Brian Bordinaro, both city firefighters, and  Lance Engel, a chef at the Western New York Veterans Home, appeared in Batavia City Court today to answer to the new charges, which also included promoting gambling, a Class E felony.

All three men entered not guilty pleas.

"My client entered a plea of not guilty and we certainly stand by that plea," said Engle's attorney, Joseph LaTona, outside the courthouse after the proceedings.

Their cases were bound over until Oct. 23, giving the District Attorney's Office time to consider whether to seek a grand jury indictment or take another course of action -- such as a possible plea deal.

All three men are out of jail on their own recognizance.

In February, they were arrested following an investigation by the Local Drug Enforcement Task Force, and charged with criminal possession of gambling records, a Class E felony. Philips was also charged with criminal possession of a controlled substance, 7th, for allegedly possessing a small amount of cocaine.

Investigators claim the three men were conducting an illegal bookmaking operation that grossed more than $1 million in bets and generated more than $70,000 in profits. 

The trio's defense attorneys today were presented with what is known as "discovery" -- material that the DA believes substantiates the charges. In this case, each attorney walked out of the courtroom with paperwork nearly six inches high.

The material represented, according to Sgt. Steve Mullen of the Genesee County Sheriff's Office, the fruits of his team's investigation, including phone records, text messages and other records collected so far.

There are still computer and mobile photo data to be compiled and analyzed, Mullen said, and any new evidence uncovered could potentially be turned over to District Attorney Lawrence Friedman, who could consider additional charges.

According to article 460 of the NYS penal law, a person is guilty of enterprise corruption when the person has knowledge of a criminal enterprise, participates in and has an interest in (as in ownership) of that criminal enterprise and is guilty of at least two other felonies (not including conspiracy) associated with the criminal enterprise.

One of the key elements in a case like this that sets an illegal gambling operation apart from legal forms of gambling in New York is that bookmakers often extend credit to their customers, Mullen said.

"If you go to the Downs or buy lottery tickets, you're spending money you have in your pocket," Mullen said. "It can still effect your family in adverse ways by spending money that is dedicated, or could be better dedicated, to other necessities in the home. In (a bookmaking) case, you’re able to gamble and continue to gambling without having the money in your pocket.

"From what the records (in this case) show," Mullen added, "there are people who ended up thousands and thousands of dollars in debt."

Mullen acknowledged that there are people in the community who don't think the bookmaking laws should be enforced, but it's not his job to change the law, just enforce it.

"Certainly, if these guys did profit in excess of $70,000, like it’s alleged, then it means there’s some people who are out of a substantial sum of money," Mullen said.

PHOTOS: Top, Phillips and Engle arriving at the courthouse; inset, Mullen; below, LaTona holding an armload of "discovery" and very bottom, Phillips leaving court with his attorney.

Law and Order: Recently arrested Pavilion man also accused of burglary

By Howard B. Owens

Joshua L. Webster, 25, of 7882 York Road, Pavilion, is charged with burglary, 3rd, grand larceny and criminal mischief, 4th. Webster is accused of burglarizing a residence April 12 on Clinton Street Road, Bergen. Webster allegedly stole more than $1,000 in property. Bail on this case was set at $10,000 cash or $15,000 bond. Webster was previously arrested over the weekend and accused of fleeing from an accident on West Main Street, Batavia, and escaping through Batavia Downs.

Robert Charles Polcyn, 70, of Renouf Drive, Rochester, is charged with possession of untaxed cigarettes and failure to keep right. Polcyn was stopped at 3:57 p.m. on Byron-Elba Road, Byron, for an alleged traffic violation by Deputy Timothy Wescott. Polcyn was allegedly found in possession of 4,400 untaxed cigarettes.

Trisha Rose Santora, 29, of Seneca Avenue, Batavia, is charged with criminal contempt, 2nd. Santora is accused of violating an order of protection.

Six people injured in accident on Route 77 at Indian Falls Road

By Howard B. Owens

An 18-year-old driver is accused of failing to yield to another vehicle at the intersection of Route 77 and Indian Falls Road, leading to an accident that sent six people to area hospitals, two via Mercy Flight.

The accident was reported at 11:22 p.m., Monday, and Pembroke and Indian Falls fire departments responded along with an ambulances from Darien, Akron and Mercy EMS.

Mercy Flight 5 and Mercy Flight 7 were dispatched to the scene.

Three patients were airlifted to Erie County Medical Center: Jeremy W. Myrick, the driver of the first vehicle, and Jacob N. Lekopites, 17, a passenger in Myrick's 1991 Pontiac sedan.

Myrick, of Maryvale Drive, Cheektawaga, was cited for alleged failure to yield.

According to the accident investigation report prepared by Deputy Jason Saile, Myrick was westbound on Indian Falls Road when he pulled onto Route 77 in front of a northbound vehicle.

Driving north was Ocie Bennett Jr., 36, of West State Street, Albion. In the 2005 Ford SUV with Bennett was Patricia Smith, 54.

Both Bennett and Smith were transported to the hospital in Medina.

Two other passengers in Myrick's vehicle, Coty L. Kimmel and Adam G. Woodworth, both 18, were transported to UMMC.

Myrick is listed in fair condition at ECMC. Lekopites was treated and released.

(Initial report)

Grand Jury Report: Alleged drug dealer indicted on four counts

By Howard B. Owens

Thomas L. Hill Jr., is indicted on four counts of criminal possession of a controlled substance, 3rd. Hill is accused of possessing cocaine with the intent to sell it Oct. 8 while at 335 Bank St., Batavia, and again on Jan. 7 at 174 Ross St.,  Batavia.

Albert A. Ackerman is indicted on a charge of felony DWI. Ackerman is accused of driving drunk Nov. 6 on Route 5 in the Town of Le Roy. Ackerman is accused of a prior DWI in 2009 in Florida.

Danielle Hendrickson is indicted on a charge of criminal possession of a forged instrument, 2nd. Hendrickson is accused of possessing, with the intent to defraud, a forged check in the amount of $50 drawn on the account of a local couple.

Shawn J. Scheg is indicted on a felony count of DWI and felony driving with a BAC of .18 or greater. Scheg is accused of driving drunk Jan. 8 while on West Sweden Road, Bergen. Scheg is accused of having a prior DWI conviction in the Town of Batavia in May 2002.

Serious injury accident reported on Route 77, Indian Falls

By Howard B. Owens

A serious injury motor-vehicle accident has been reported at Route 77 and Indian Falls Road, Pembroke.

Pembroke and Indian Falls responding.

Mercy Flight requested to the scene.

Corfu Fire Department requested to the scene to set up a landing zone.

Darien ambulance requested to the scene, mutual aid.

UPDATE 11:37 p.m.: A total of three ground ambulances along with Mercy Flight requested to the scene. All victims extricated.

UPDATE 11:39 p.m.: Route 77 northbound being shutdown at the Thruway interchange.

UPDATE 11:42 p.m.: Mercy Flight 5, five minute ETA.

UPDATE 11:44 p.m.: Mercy Flight 7 requested to the scene. Darien, Mercy EMS and Akron ambulances in route. A total of five victims. Mercy Flight 5 is in sight of the ground contact.

UPDATE 11:49 p.m.: Mercy Flight 5 has landed.

UPDATE 11:52 p.m.: Mercy Flight 7, 12 to 15 minute ETA.

UPDATE 11:56 p.m.: Both vehicles are about 50 feet off the roadway. One is on its roof. The other has heavy front-end damage.

UPDATE 11:59 p.m.: Darien ambulance transporting one to UMMC.

UPDATE 12:05 a.m.: Mercy Flight 7 on the ground.

UPDATE 12:11 a.m.: Akron in route to Medina with two patients.

UPDATE 12:31 a.m.: Corfu back in service.

UPDATE 12:43 a.m.: Pembroke and Indian Falls back in service. Route 77 reopening.

Special Batavia PD detail to focus on traffic issues with school zones, bus routes Wednesday

By Howard B. Owens

Fair warning: Don't pass a legally stopped school bus in the City of Batavia on Wednesday.

Of course, you should NEVER pass a school bus that is stopped to drop off or pick up schoolchildren, but on Wednesday, such negligence might make you more vulnerable to a ticket and hefty fine.

As part of a Governor's Traffic Safety Committee grant, Batavia PD will deploy marked and unmarked patrols in select areas looking for cars that decline, refuse or forget to stop for a school bus as required by law.

Officers on Wednesday will also be conducting speed enforcement in school zones.

Law and Order: Suspect who allegedly fled to Batavia Downs arrested

By Howard B. Owens

Joshua L. Webster, 25, of 7882 York Road, Pavilion, is charged with aggravated unlicensed operation, 2nd, leaving the scene of a property damage accident and failure to yield right of way; Jessica L. Engelhardt, 21, of 7882 York Road, Pavilion, is charged with falsely reporting an incident and offering a false instrument for filing, 2nd. Webster was allegedly involved in an accident at 4:15 p.m., April 9, on West Main Street near Tops Market. Webster allegedly fled the scene on foot. Webster was reportedly identified by readers of The Batavian after his picture at Batavia Downs was posted on the website. Engelhardt, who is reportedly married to Webster, is accused of falsely reporting the vehicle stolen in an effort to cover up her husband's involvement in the accident.

Eric M. Duda, 50, of 111 Liberty St., Batavia, and Summer Ogden, 36, of 123 Washington Ave., Batavia, are both charged with criminal contempt. Duda and Ogden are both accused of violating orders of protection that prohibit them from being in each other's company. They were allegedly found together during a residence check by the Probation Department. Both were jailed on $5,000 bail.

Evan Ryan Anderson, 30, of Batavia, is charged with criminal possession of a controlled substance, 7th, driving with ability impaired by drugs and No/inadequate headlamps. Anderson was stopped at 11:50 p.m., Friday, on Route 5 in Pembroke by Deputy Patrick Reeves.

Luke Anthony Bacon, 19, of East Avenue, Akron, is charged with driving while ability impaired by drugs, unlawful possession of marijuana, speeding (82 in a 55 mph zone), and failure to keep right. Bacon was stopped at 12:18 a.m., Sunday, on Akron Road, Pembroke, by Deputy Patrick Reeves.

Mark Russell O'Gee, 58, of South Street Road, Le Roy, is charged with criminal contempt, 2nd. O'Gee is accused of violating an order of protection by entering a residence he was barred from entering.

Christopher Michael Ames, 40, of Maple Avenue, Oakfield, is charged with felony DWI, felony driving with a BAC of .08 or greater and unlawful possession of marijuana. Ames was reportedly observed at 8:56 p.m., Friday, in a vehicle park behind an unoccupied building on Lewiston Road, Alabama, that is for sale. Upon further investigation by Deputy Chad Minuto, Ames was allegedly found to be in an intoxicated condition.

Kimberly A. Showler, 46, of 4 North Spruce St., Batavia, is charged with petit larceny. Showler is accused of shoplifting from a store on East Main Street, Batavia.

Lesley Marie Brice, 33, of Miller Avenue, Buffalo, is charged with harassment, 2nd. Brice is accused of pushing and shoving another person during a verbal argument that allegedly turned physical at 6:24 p.m., Friday, at a location on Main Street, Pembroke. Also arrested in connection with the incident was Angel Victoria Ramos, 19, of Main Road, Pembroke, who is charged with harassment, 2nd. Ramos is accused of hitting another person during an argument.

Photo: The woods on Cookson Road

By Howard B. Owens

After the tractor fire on Dorman Road in the Town of Batavia, I drove over to Cookson Road -- some of which is unpaved. I stopped in this wooded area and decided to make a picture. What may be notable -- by my memory, the past couple of years, this area has been knee-deep in water. When I was in California, we would have called this a drought condition, but according to U.S. Drought Monitor, we are not currently in drought conditions.

Weather: Wind advisory for tonight

By Howard B. Owens

There is a wind advisory in effect for tonight until midnight.

Winds of 20 to 30 mph are expected, with possible gusts up to 50 mph.

The weather service warns that gusty winds will make travel difficult for high profile vehicles and may result in falling tree branches and blowing debris.

There is a 50-percent chance of thunderstorms tonight.

Water back on in Elba, Route 98 still closed

By Howard B. Owens

The broken water main in Elba has been repaired and water service restored.

Route 98 will remain closed for a couple of more hours while crews patch the roadway.

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