Le Roy

GO ART! has announced the winners of the 2012 Genesee/Orleans Student Poetry Contest.

Students from schools in both counties were invited to participate.  
The winners in Genesee County are:

• Ian Edwards -- Grade 2, Alexander
• Will Johnson -- Grade 5, Byron
• Emily Leone -- Grade 6, Le Roy
• Anna Dembowski -- Grade 12, East Bethany

A chance meeting with five local farmers in a Le Roy diner helped convince Donnie Henderickson to take a logging job with David Henry Isabell, the 43-year-old, now-convicted timber con man, Henderickson said today.

Henderickson spoke after his appearance in Genesee County Court where he was given a conditional discharge on a single petit larceny conviction.

Isabell called Henderickson out to Le Roy to talk about a job on property owned by Lynn Belluscio, Henderickson said. It was the first time Henderickson had done anything with Isabell in 10 years, he said.

After the meeting at Belluscio's property, they went to a local diner and ran into the farmers, who greeted Isabell like an old friend, he said.

"After I got home, I said (to my wife), ‘I can’t believe it. He really changed his ways,’ " Henderickson said. "He was pretty shifty 10 years ago, and he hasn’t changed his ways. The only thing he’s done is he’s learned to finesse the BS a little more."

Henderickson described Isabell as charming -- a master of BS -- and said the 43-year-old Liverpool resident deserved a harsher sentence than he got.

He said he was sorry for what happened to the property owners Isabell conned.

He's also sorry for himself and what he's been through.

He said -- backed by his wife of 30 years -- that he's always been a legitimate logger, but this ordeal has ruined logging for him.

"It's a shame," he said. "When I drive out here, I see lots of good timber. I could have made a lot of money out here (in Genesee County) legitimately. I didn't need this.

"You know it's tough to make money (in logging) anyway. After this, all anybody has to do is get on the computer and pull a DEC report and see Mr. Henderickson’s name right there and they’re not going to deal with me."

To make a living now, Henderickson drives a log truck for another company.

The 49-year-old resident of Bernhards Bay was originally charged with grand larceny, 4th, 23 counts of timber trespass, grand larceny, 3rd, and scheme to defraud, 1st.

Those charges were reduced to petit larceny with a promise of no jail time on the condition that Henderickson testify truthfully against Isabell.

Rather than go to trial, Isabell entered a guilty plea to timber trespass and scheme to defraud, 1st. He was sentenced April 26 to six months in jail and five years probation.

Assistant Distirct Attorney Kevin Finnell said in court today that he is convinced that Henderickson was a partner in Isabell's timber scheme.

"I think Mr. Henderickson was well aware of what was going on with the home owners," Finnell said. "He was clearly part of this scheme, albeit to a lesser degree of culpability, but he certainly knew what was going on."

Even so, Finnell said, he didn't oppose the recommendation of the probation department that Henderickson receive a conditional discharge.

A conditional discharge means that if Henderickson isn't re-arrested for anything in the next year, the petit larceny conviction will be dropped from record.

"For the victims, I’m very glad they got the restitution they got, but as far as Mr. Isabell and (his sentence), what he did was wrong," Henderickson said.

A 20-year-old Le Roy resident is being accused of burglary for allegedly breaking into the old Jell-O plant on North Street, Le Roy, and stealing tools, wire and other items from a business there.

The burglary was discovered after Easter weekend when employees returned to work.

The suspect, John H. O'Shea, of 84 Wolcott St., Le Roy, is accused of making forced entry into the building.

As part of the month-long investigation, police executed a search warrant at a residence in Riga, where some of the allegedly stolen property was located.

O'Shea is charged with burglary, 3rd, and grand larceny, 4th.

After arraignment, O'Shea was released under the supervision of Genesee Justice.

Le Roy PD says the investigation is ongoing.

Michael Timothy Van Houter, 21, of East Main Road, Le Roy, is DWI, driving with a BAC of .08 or greater, failure to reduce speed, driving left of pavement markings in a no-passing zone and failure to stop at stop sign. Van Houter was charged following the investigation into a motor-vehicle accident at 11:24 p.m., Tuesday, on Perry Road, Le Roy. The investigation was conducted by Deputy Jason Saile.

Rea Anne Leaha Wimmer, 19, of Broadway Road, Darien, is charged with driving while ability impaired by drugs and moving from lane unsafely. Wimmer was stopped at 12:40 p.m., Tuesday, on Clinton Street Road, Batavia, by Sgt. Thomas Sanfratello.

Austin L. Wester, 17, of 3373 Pratt Road, Batavia, is charged with criminal contempt, 2nd, and criminal possession of stolen property, 4th. Wester is accused of violating an order of protection. During the investigation, Wester allegedly admitted to possessing property he knew was stolen. Wester was jailed without bail pending an appearance in Batavia City Court today.

Latoya D. Jackson, 26, of Batavia, is charged with disorderly conduct and resisting arrest. Jackson is accused of screaming profanities in Batavia City Court and then struggling with deputies in the lobby of the Genesee County Courthouse. Jackson was jailed on $2,000 bail.

A two-car accident with unknown injuries is reported at Cole Road and Route 77 19 in Le Roy. Le Roy fire and ambulance are responding.

UPDATE 6:45 p.m.: Injuries are minor. The ambulance is told to respond in non-emergency mode. A responder says "As soon as we can get law enforcement here, we'll probably clear."

A 24-year-old Le Roy man was sentenced to 90 days in jail and 10 years probation Thursday for downloading and possessing pornography involving children under 17 years old.

Thomas J. Smith, of Main Road, Le Roy, was arrested in December following an eight-month investigation by State Police.

Earlier this year, Smith entered a guilty plea to promoting sexual performance by a child for downloading pornography involving a child under age 17, and a second count of promoting sexual performance by a child for possessing pornography involving a child under age 16.

Both counts are Class E felonies.

Smith will return to Genesee County Court on May 31 for a sexual offender status hearing, which will determine his standing in the New York sexual offender registry.

A person apparently tried to steal a Milton Cat excavator from a location on Craigie Street, Le Roy, and damaged the machine in the process.

The attempt was made some time between Friday about 11:30 a.m. and Sunday about 4 p.m..

According to Le Roy Police, a person apparently tried to hot-wire the excavator, breaking open a control unit and cutting wires.

The excavator was parked on Craigie Street as part of a gas line replace project in the area.

Any person with information pertinent to the investigation, or who may have seen people around the excavator, are asked to call Le Roy PD at 768-2527.

Today you can get rid of outdated or unneeded medications safely with no questions asked at drug drop-off points throughout the county.

There is one behind the Batavia PD station, one at the Le Roy PD and Pembroke Town Highway barn on routes 5 and 77.

Drugs can be dropped off until 2 p.m.

It will be decades before the 13-acres of woodlands Lynn Belluscio and her late husband once enjoyed together return to their former "park-like" nature, but the man responsible for the removal of more than 100 of her trees will be out of jail in six months and off probation in five years.

David Henry Isabell, 43, of Liverpool, entered a guilty plea in January to scheme to defraud 1st and timber trespass. He was sentenced today in County Court.

The $36,000 Belluscio received in restitution is small compensation for what she lost, she told Judge Robert C. Noonan prior to Noonan handing down his sentence.

"I have only been able to walk in the woods once, and that was at the request of Deputy John Duyssen," Belluscio said. "What I saw that day made me sick to my stomach. If I ever have a chance to explain to my husband what happened, I would be at a total loss for words. ... I will not see the recovery of my woods in my lifetime."

Belluscio hired Isabell's company, Icon Timber Marketing, to cut down about 35 trees that were aging, diseased, or needed removal as a matter of good forest management. Workers took about 140 trees, left stumps and limbs on the property, big ruts in the ground and an area that once included a scenic horse trail is now unusable, covered by thorny vines and overgrowth, Belluscio said outside of court.

As part of the criminal complaint against Isabell, the DA's office alleged six land owners were defrauded out of more than $72,000 in hardwood timber by Isabell.

For the trees from Belluscio's land, Isabell received $60,000, according to bank records obtained during the investigation.

Attorney Robert Durr said his client's family stepped forward to pay the restitution, and Isabell said he's lost everything trying to repay his debts, which allegedly includes money owed to customers not part of the criminal complaint.

"Mr. Isabell is a terrible businessman," Durr said. "As a result of being a terrible businessman, he has placed himself in a situation of criminal liability."

Durr also described Isabell as a changed man who has quit drinking and recognizes that what he did was wrong.

"I truly believe that Mr. Isabell is a different man today than he was two years ago," Durr said. "I truly believe Mr. Isabell has great remorse and sorrow for what he did. I truly believe he feels remorse not for himself, but for these victims, and I truly believe that if he is given an opportunity, he will prove to the court and to the victims he is worthy of that opportunity."

Isabell told Noonan that he is "very remorseful" and that he is working day and night to earn enough money to repay his debts.

"These are all very good people and they trusted me," Isabell said. "I had done work for these people five or six years ago and based on that relationship, they trusted me. I broke that trust.

"I wasn't there," he added, "to oversee things and make sure things were done right and make sure they were paid. I'm very sorry. I feel terrible that they now feel this way about me because I worked very hard to gain their trust."

The case came to the attention the Sheriff's Office when Le Roy businessman and Oakta Trails property owner John Morrill agreed to let Isabell remove some trees from his land. 

In an interview outside of court, Morrill said Isabell identified himself as "Isabella" and said the trees might fetch Morrill about $1,500.

After months of not hearing from "Isabella" and not getting his calls returned, Morrill spotted some of the same trucks that had been on his property and stopped and talked to the crew.

One of the men, according to Morrill, was Donnie Hendrickson, who was later  charged as a co-defendant in the case.

Morrill said Hendrickson provided the correct identity for Isabell and said about Isabell using a different name, "he does that all the time."

When Isabell got wind that Morrill was going to talk with local law enforcement, he said Isabell offered him a payment of $50 toward the timber.

Because Morrill didn't take the payment, the Sheriff's Office was able to open a criminal investigation (if a potential fraud victim takes such a payment, it creates a contract, making the dispute a civil matter, not a criminal matter).

Duyssen was assigned to the case and located Belluscio as a potential victim.

By this time, Isabell was apparently in the Niagara County Jail for violating his probation from a prior DWI conviction.

According to Duyssen, Isabell apparently heard about the criminal investigation and allegedly sent an employee to Belluscio house at 11 o'clock at night with an offer of $5,600 for the wood.  Belluscio turned down the offer.

Outside of court, she described the late-night appearance of Isabell's employee at her house as frightening.

Eventually, Isabell was indicted on charges of two counts of grand larceny, 4th, three counts of grand larceny, 3rd, issuing a bad check, 22 counts of timber trespass, petit larceny, theft of services and scheme to defraud 1st.

Hendrickson was indicted on charges of grand larceny, 4th, 23 counts of timber trespass, grand larceny, 3rd, and scheme to defraud, 1st.

In January, Hendrickson entered a guilty plea to a misdemeanor and has not yet been sentenced.

According to Durr's statements in court, Hendrickson cut a plea deal with prosecutors in exchange for his testimony against Isabell if the case went to trial.

Durr said the only reason his client was in court, and not Hendrickson, having entered a guilty plea to a felony was because Isabell's criminal past.  If the circumstances were different, Durr said, it would be Hendrickson facing a possible prison sentence.

He said Hendrickson received most of the money from the timber sales and was the person Belluscio dealt with the most on her property.

Assistant District Attorney Kevin Finnell said that when he and the victims read some of the letters sent to the court in support of Isabell, from friends, family and employees, they couldn't believe some of the statements in the letters blaming circumstances rather than Isabell for the crimes.

"These letters seem to suggest there is an excuse 100 times over for why he didn't pay these people, and why these events occurred the way they did" Finnell said. "No where is there any acceptance of responsibility."

Noonan said he had to balance a number of factors in his sentence of Isabell -- from the unrecoverable loss to Belluscio to the damage Isabell has done to his family.

"I have to fashion a sentence that makes a point to you and does not unduly burden society at this point," Noonan said. "I do recognize the fact that you did step up and figure out a way, with the help of people close to you, to financially compensate many of the people, if not all of the people, you involved in this scheme.

"There is a very good argument that I should lock you up and throw away the key," Noonan added. "There is also an argument that if not for the people close to you, who have paid a very huge debt, will only face a heavier burden with a long sentence."

After sentence was pronounced, Durr asked if it could be modified to nine months intermittent incarceration in the jail, giving Isabell an opportunity to work, earn money, and take care of his family as well as pay back debts he still owes.

Finnell opposed the request.

Noonan said, "I had the alternative of sending Mr. Isabell to state prison, but I elected not to do so. I fashioned a sentence for punishment as well as rehabilitation and my decision stands."

The mug shot above of Isabell was taken today after he arrived to begin his stint in the Genesee County Jail.

Robert J. Eppolito is going to be out of the community and in prison for many years -- from eight to 11 -- following his sentencing on two criminal charges in county court today.

The 29-year-old Batavia and Le Roy resident has been in trouble with the law a few times in recent years and and in January he entered a guilty plea to assault, 2nd.

Eppolito previously admitted he punched and kicked a victim in Le Roy.

On the assault charge, Judge Robert C. Noonan gave Eppolito seven years in state prison. The sentence will be served consecutively with a violation of probation sentence of one to three years.

The public is encouraged to take part in the National Prescription Drug Drop Off from 10 a.m. to 2 p.m. this Saturday, April 28. No questions asked. All medications -- both prescription and over-the-counter -- will be accepted from residents.

In Genesee County, the drop-off sites will be as follows:

• Batavia Police Department -- 10 W. Main St. in the City of Batavia
• Le Roy Police Department -- 3 W. Main St. in the Village of Le Roy
• Pembroke Town Hall -- at the junction of routes 5 and 77 in Pembroke

According to the Center for Disease Control, prescription drug abuse is a national epidemic. In Western New York, prescription pill abuse is the No. 1 drug problem.

Law enforcement agencies, healthcare professionals and drug-abuse prevention groups want you to "Keep unneeded, unwanted medications out of your children's hands."

Stanley Styliades says he's very particular about the food he makes, and he's promising the best breakfasts around in his new eatery, the Le Roy Town Diner on Main Street, Le Roy.

The location was Tyler's and then Katie's.

"My breakfasts are the best, no two ways," Styliades said. "My plates are picture perfect. The home fries are the best. Homemade pancakes, blueberry, blueberry walnut, raspberry walnut, chocolate chip."

Styliades has 30 years experience owning and operating diners in Rochester, always breakfast and lunch establishments. The Le Roy Town Diner will be open from 6 a.m. to 3 p.m., and Friday evenings for fish fry (and perhaps Thursday and Saturday evenings as well).

The diner will have a little Mediterranean flare, Styliades said. He will serve humus, falafel, and pita with chicken and eggplant.

He's working hard to get the diner open as soon as possible, hopefully within the week.

He said he has steam cleaned the entire kitchen and repainted the ceiling and is working to get everything in place before opening.

Brianna Rae Burlingame, 20, of Palmer Road, Churchville, is charged with driving under the influence of drugs, criminal possession of a controlled substance and unlawful possession of marijuana. Burlingame was arrested after deputies Chad Minuto and Jason Saile responded to the parking lot of Petco at 2:14 p.m., Saturday for the report of a woman asleep behind the wheel of her vehicle while it was running. Burlingame was issued an appearance ticket.

Sean Allen Kota, 18, of Byron-Holley Road, Byron, is charged with DWI, driving with a BAC of .08 or greater and driver view obstructed. Kota's vehicle was stopped following complaints of the occupants throwing beer bottles out of the window of the car. His vehicle was stopped at 2:47 p.m., Thursday, on Oatka Trail in Le Roy by Deputy Matthew Butler.

Joshua Webster, 25, of York Road, Pavilion, is charged with grand larceny, 4th, and criminal possession of stolen property. Webster is accused of stealing a purse and credit cards from a location on Commerce Drive, Batavia, and of possessing stolen property from another incident at the time of his arrest on an unrelated incident. (Previously)

Gregory J. Battaglia, 30, of Pavilion Center Road, Pavilion, is charged with petit larceny. Battaglia is accused of stealing gasoline from a station in Le Roy.

A 17-year-old resident of Bacon Street, Le Roy, is charged with endangering the welfare of a child. The youth is accused of failing to provide appropriate supervision to a child left in his care.

A possible strucutre fire is reported at 3 Tountas Ave. in Le Roy. There is said to be the odor of something electrical burning. Yet an emergency responder who was just at that address said he could smell nothing unusual there, only the smell of food cooking.

Le Roy and Bergen fire departments are responding. One unit on scene reports nothing showing. They are going to scan the building with a thermal camera.

UPDATE 1:10 p.m.: Bergen is told to return to service. No other Le Roy units will be needed. The location is the family care clinic. An interior crew is leaving the inside after finding nothing with the imaging camera.

UPDATE 1:14 p.m.: The firefighters are going to use ladders and look into the attic.

UPDATE 1:23 p.m.: Nothing hazardous found. Le Roy is back in service.

Samantha M. Williams, 31, of Warsaw Road, Le Roy, is charged with robbery, 3rd, grand larceny, 4th, criminal mischief, 4th, and petit larceny. Williams is accused of getting into an argument with her mother at about 9 a.m., Tuesday, while in a vehicle on Seven Springs Road. Williams allegedly took her mother's credit card. When her mother attempted to call 9-1-1, Williams allegedly took the phone and got out of the vehicle. Williams was located outside a business on East Main Street Road a short time later.

Raymond James Radley, 46, of Cook Road, Pavilion, is charged with forcible touching. Radley is accused of forcibly touching the intimate parts of a woman during an argument.

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.

A vehicle fire is reported on the eastbound Thruway between mile marker 375 and 378. Town of Batavia Fire Department and Le Roy medics are responding.

UPDATE 7:26 p.m.: It's a white Ford Escort. UPDATE 7:35 p.m.: Le Roy medics are back in service. There were flames coming from the vehicle, now there's just some smoke, and they're watering it down to cool it off.

A driver is accused of making an abrupt U-turn, leading to a minor-injury accident at 7:23 p.m., Wednesday, on Route 19 in Le Roy.

Injured was June S. Wood, 58, of Pavilion.

Wood was cited for allegedly making a turn without a signal.

The other driver, Jack E. Benson, also of Pavilion, was not injured.

Wood was reportedly southbound on Route 19 when she allegedly tried to make a U-turn without signaling. Benson reportedly tried to swerve into the northbound lane to avoid striking Wood's car, but a collision ensued.

Wood did not require transport to a hospital.

The accident was investigated by Deputy Matthew Fleming.