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May 25, 2016 - 3:18pm
posted by Howard B. Owens in Kyle Johnson, selden road, Le Roy, crime, news.

Statements attributed to Kyle Johnson after he was taken into custody the morning of Dec. 1, after he allegedly shot and killed a neighbor and set his own home ablaze, will be admissible in court, Acting Judge Michael F. Pietruszka ruled today.

The defense challenged whether the prosecution could use the statements at a possible trial and Pietruszka issued his ruling immediately after a hearing that featured testimony by Deputy Andrew Hale.

Hale completed a report Dec. 1 in which he says Johnson made a handful of statements when he was taken into custody, in the patrol car ride to the Sheriff's Office on Park Road and as they arrived in the interview room at the office.

Hale testified that he was on routine patrol duty when he was called to a house fire at 7324 Selden Road, Le Roy. He was in uniform in a marked patrol car.  He was aware of a shooting reported minutes before at a residence a short distance from the fire location.

He said he was also informed by dispatch that the residence was owned by Kyle Johnson, that Johnson had a mental health history and was known to own firearms.

He arrived on scene just as shots rang out, apparently directed at a Le Roy fire chief and at a Le Roy police officer.

As he ran down the road to check the status of Officer Ryan Young, now a Sheriff's deputy, and as he did, he encountered local residents standing outside their home. They asked what was going on and Hale told them to get inside, lock their doors and windows and stay there until told it was safe to come outside.

As he moved toward Young's position, Hale encountered Johnson, he said.

"Mr. Johnson stated to me that he wanted to be shot," Hale said. "After he realized I was not going to shoot him, he turned around and walked back toward his house."

Over the next couple of hours, Johnson would periodically approach Hale and ask him to shoot him.

When emergency response teams arrived, this back-and-forth continued for a couple of more hours until Johnson finally surrendered.

Hale was summoned to search and cuff the suspect. When he was putting Johnson in his patrol vehicle, Johnson reportedly complained that the cuffs were too tight.

When Hale sat in the driver's seat, Johnson reportedly said, he "didn't appreciate being treated like an animal."

Hale said, "I told him I appreciate being shot at and having my friends shot at."

Johnson, Hale said, apologized.

On the ride back to the Sheriff's Office, Johnson reportedly said, "I didn't mean to hurt anybody."

Hale said he responded, "You did. It's traumatic for us as officers. You shouldn't have done that."

At the station, Hale offered Johnson a glass of water and asked if he needed anything.

Johnson's response, according to District Attorney Lawrence Friedman, was that he felt bad for burning his house down and that he shouldn't have done that and he wanted to apologize.

In cross-examination, Public Defender Jerry Ader established that Hale did not read Johnson his Miranda warnings (you have the right not to speak, right to an attorney, etc.), that Hale did this though he knew Johnson had a mental health history, and that Hale asked a couple of questions of Johnson.

Those facts were the basis for Ader's motion to bar the statements from any possible trial.

Friedman countered that Johnson was not in custody at that point for the purpose of interrogation, and any questions asked by Hale were not an interrogation, such as asking if Johnson wanted water, that the statements were made voluntarily and should be admissible.

Johnson is charged with murder and burglary in the death of Norman D. "Don" Ball. He is accused of attempted murder for allegedly shooting at Young and Le Roy Fire Chief Tim Hogle.

Ader has received a report based on a psychological exam of Johnson and is apparently planning a defense around the results of that report, and while the report has been given to Friedman, a copy was not given to the court. Ader said he wasn't aware of any requirement that he provide the court with a copy. Pietruszka was clearly miffed that he didn't have a copy of the report, especially since there will need to be a hearing on the topic after the DA's Office completes its own exam and gets its own report.

That hearing will be at 1:30 p.m., July 21.

May 25, 2016 - 12:07pm
posted by Billie Owens in STOP-DWI, news, law enforcement, Le Roy, batavia, genesee county.

Press release:

Genesee County STOP-DWI Coordinator Matt Landers has announced that the Genesee County Sheriff’s Office, City of Batavia Police Department and the Village of Le Roy Police Department will participate in a special enforcement effort to crackdown on impaired driving. The statewide STOP-DWI Crackdown efforts start on Friday, May 27th and will end on Tuesday, May 31st.

Memorial Day week is historically a deadly period for impaired driving. Memorial Day weekend is the traditional beginning of summer. In addition there will be thousands of parties and barbeques to celebrate graduations, proms, communions, confirmations and the fact that the better weather has arrived. This combination of factors equates to more people on the road in general and more people specifically driving impaired with 13 percent more fatalities than on a non-holiday weekend.

The New York State Police, County Sheriff and municipal law enforcement agencies will collaborate across the state and will be out in force in this coordinated effort to reduce the number of alcohol related injuries and deaths during this period.

“Memorial Day marks the beginning of the summer season. Traffic will increase making it more important than ever to drive defensively. The Genesee County Sheriff’s Office will have extra patrols out to help keep the roads safe for all travelers” said Undersheriff William Sheron. “The City of Batavia Police Department will be out aggressively enforcing DWI laws over the Memorial Day Week in an effort to ensure that all have a safe and happy holiday week. Make sure to have a plan to get home safely and ensure that all in your party do the same.”

The Memorial Day Weekend Crackdown is one of many statewide enforcement initiatives promoted by the New York State STOP-DWI Association with additional funding from the STOP-DWI Foundation with a grant from the Governor’s Traffic Safety Committee. The Statewide STOP-DWI Crackdown Campaign also targets 4th of July and Labor Day Weekend, Halloween and the national Holiday Season in December.

While STOP-DWI efforts across New York have led to significant reductions in the numbers of alcohol and drug related fatalities, still too many lives are being lost because of crashes caused by drunk or impaired drivers. Highly visible, highly publicized efforts like the STOP-DWI Crackdown Campaign aim to further reduce the incidence of drunk and impaired driving.

May 24, 2016 - 5:02pm
posted by Howard B. Owens in Frostridge Campground, Le Roy, business, news, steve barbeau.

The fight over live music and other alleged zoning code violations at Frost Ridge Campground is far from over and court documents indicate the fight has recently involved some name calling and an accusation of anti-gay bias driving the attempts to shut down the park.

Attorneys for David and Marney Cleere and Scott and Betsy Collins, neighbors of Frost Ridge, have filed motions seeking a permanent ban on live, amplified music and long-term camping at the facility.

Their court papers alleged that a ZBA hearing in February that led to a finding in favor of David and Greg Luetticke-Archbell, owners of Frost Ridge, violated the state's opening meeting law and therefore the ZBA's decision should be voided.

The Luetticke-Archbell's position is that the meeting was given proper public notice, a position backed by sworn statements from the ZBA's then-chairwoman Debbie Jackett and answer filed by the ZBA's attorney, James M. Wujcik.

Any appearance of inconsistencies in the ZBA's actions, before being disbanded by the town board, is purely the result of the anti-gay bias, David Luetticke-Archbell claims in a sworn statement, of Town Supervisor Steve Barbeau.

It's a charge that Barbeau vehemently denies in his own sworn affidavit, but Luetticke-Archbell accuses Barbeau of calling his husband a "faggot" after a "contentious" Nov. 12 meeting. To support his charge of an anti-gay agenda, Luetticke-Archbell also points to several actions by Barbeau throughout the legal and civic process over the past couple of years, including a statement in a court filing approved by Barbeau that Frost Ridge is a "malignancy which cannot be allowed to metastasize."

"Mr. Barbeau, with the Town Board in tow, has unabashedly trampled on the due process rights my husband Greg and I would have been afforded but for our sexual orientation," Luetticke-Archbell wrote in his statement.

Barbeau said that Luetticke-Archbell didn't tell the whole story of the events of Nov. 12.  First, he denies using the word "faggot," but he also accused Greg of calling him a couple of choice names while following him into his office after the meeting, including a "piece of shit."

In his statement, Barbeau states he holds no bias against the owners of Frost Ridge.

"The Luetticke-Archbells have a place in the Town of Le Roy, one they have earned through their commercial and charitable efforts," Barbeau states. "The Town of Le Roy is merely trying to enforce its zoning ordinance so as to not render it irrelevant."

Barbeau said that the actions he and the town board have taken have been supported by a majority of town residents. The evidence is in the election results, he said, given that he and other incumbents handily won reelection despite opposition focused on the Frost Ridge issue.

David Luetticke-Archbell is equally convinced that Barbeau is driven by an anti-gay agenda.

Besides the slurs, Luetticke-Archbell says Barbeau's pattern of actions is further evidence of his anti-gay position.

He accused Barbeau, rather than code enforcement officer Jeff Steinbrenner, of drafting an e-mail denying Frost Ridge prior, non-conforming use status; of purposefully mucking up the application process on a couple of occasions; of usurping the independence of the Zoning Board of Appeals by filing court documents on its behalf without properly notifying the ZBA of the proceedings; of then wrongly admitting to adverse allegations of improper conduct by the ZBA; and, of illegally firing the previous ZBA attorney and then appointing an attorney who works in the same law office as the town attorney's son.

"Mr. Barbeau's motivations and actions here have always been and remain malicious," Luetticke-Archbell wrote in his statement. "His allegations, if considered at all, should be weighed accordingly."

Barbeau called Luetticke-Archbell's affidavit an ad hominem attack and asked that it be stricken from the record.

The attorney Barbeau appointed is James Wujcik, who continues to represent the ZBA and filed documents in the current court battle defending the ZBA against allegations leveled by the attorneys for the Cleeres and Collins.

As for the motion for injunction filed by Mindy L. Zoghlin, attorneys for Cleere and Collins, it's long (32 pages) and legal, and the responses from David Roach, attorney for Frost Ridge, are also detailed.

Whereas in the first round of lawsuits, it was Cleere and Collins along with the Town of Le Roy against Frost Ridge, Luetticke-Archbell and the ZBA, the new motion names the Town of Le Roy as a defendant.

The Town of Le Roy is accused of not upholding its own zoning laws.

It accuses Frost Ridge of violating town ordinances by allowing permanent RV camping, of violating the noise ordinance, of relying on a defective ZBA interpretation of the law, and of violating Judge Robert C. Noonan's preliminary injunction against amplified live music that he issued in September 2014 by allowing live amplified music before 4 p.m.

It accused the ZBA of violating the open meeting law after the case was remanded back to the ZBA for a determination on whether live, amplified music is a prior, non-conforming use. The suit accuses of the ZBA of not providing proper public notice and of not deliberating its decision in public. 

In his response, Roach denies all the substantial allegations.

Acting Superior Court Judge Emilio Colaiacovo is expected to make a ruling on the current set of motions at a later date.

May 23, 2016 - 11:25am
posted by Howard B. Owens in le roy hs, Le Roy, schools, education, news.

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Sebastian Maroundit, a Sudanese Lost Boy who came to the United States as a refugee, spoke with students at Le Roy High School this morning.  

He is the cofounder of Building Minds in South Sudan along with his cousin Mathon Noi.

This was the school's final PRIDE assembly of the year.

Born in the rural Village of Mayen-Abun in Twic County, South Sudan, cousins Sebastian Maroundit and Mathon Noi were less than 10 years old when war came to their village and separated them from their families. They escaped to Ethiopia only to experience war again within four years. In 1991, they escaped from Ethiopia and spent a year walking across the hot desert to a refugee camp in Kenya. In this camp, both were educated through the eighth grade. In 2001, Sebastian and Mathon were selected as two of the 3,800 who would resettle in the United States. Mathon recently graduated from Niagara University majoring in Accounting, while Sebastian is pursuing his Business Degree.  

In the summer of 2007, they both returned to their village. Though Sebastian lost his father during the war and Mathon lost his mother, they were reunited with their surviving parents after 18 years apart. They were dismayed to find their village in poor condition, with no roads or clean water. The children of the village were being taught under a large tree, because the school had been destroyed.

Since that visit, they have been passionately committed to helping rebuild hope in their village by building a school to provide a basic education for the children. Their efforts have raised thousands of dollars through BMISS and built a new school that now serves more than 800 children. They have begun to build a second, eight-room all-girls school in Majok Keen, four miles from the Ajong Primary School. Three hundred girls are already signed up and it is projected that it will also house 800 girls.

The school's Rotary Interact Student Club organized the event and also made a donation to the BMISS at the end of the event. The Interact students will sell paper bricks the rest of the week in lunches to students or staff for $1 to raise more money to give to the organization. The sold bricks will be hung as a visual reminder about the support.

Photos and info submitted by Principal Tim McArdle.

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May 21, 2016 - 2:41pm
posted by Howard B. Owens in Mercy Grove, James Gomborone, Le Roy Rotary, Le Roy, news.

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A Friday evening fundraiser organized by the Le Roy Rotary Club was also the opening of a new events center at Mercy Grove, the former priests home on a large estate at 7758 E. Main Road.

Owner James Gomborone has been renovating the facility for months and was finally ready to give it a first public showing for the Rotary event.

Mercy Grove will be a location for upscale weddings, community events, corporate retreats, retirement parties and rehearsal dinners, said manager Barbie Gozelski.

By next year, renovations on the second floor should be completed, and those rooms will be guest rooms and serve as a possible setting for a bed and breakfast.  Cabins on the 53-acre property will serve, when renovated, as bridal suites or guest rooms. 

The facility is just across the road from the Le Roy Country Club, which Gomborone also owns.

"Graze to Raise" was hosted by Le Roy Rotary as a fundraiser for the R.E.A. Milne Scholarship Fund.

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May 18, 2016 - 4:20pm
posted by Billie Owens in crime, news, batavia, Le Roy, alexander.

Austin Shipley, 17, of East Main Road, Le Roy, is charged with second-degree attempted sexual abuse and endangering the welfare of a child. The subject was arrested on May 17 following an investigation into allegations that the subject had inappropriate physical contact with a 12-year-old at 5 p.m. on April 11 on East Main Road, Le Roy. In a separate case, Shipley is also charged with first-degree sexual abuse and endangering the welfare of a child following an investigation into allegations that the subject had inappropriate physical contact with a 10-year-old at 5 p.m. on April 19 on East Main Road, Le Roy. After arraignment in Le Roy Town Court, Shipley was released under supervision of Genesee Justice. Both cases were handled by Sheriff's Deputy Joseph Graff, assisted by Deputy Rachel Diehl.

Theresa K. Beardsley, 52, of Walnut Street, Batavia, is charged with second-degree harassment. She was arrested after allegedly striking a male at an apartment on Walnut Street at 6:53 p.m. on May 10. She was issued an appearance ticket for May 24 in City Court. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Christopher Camp.

Ashlee S. Thomas, 19, of Liberty Street, was arrested at 7:30 p.m. on May 8 after police responded to a report of a large disturbance in the area of 121 Liberty St. in the city. She is charged with second-degree obstructing government administration and second-degree harassment. It is alleged that she interfered with Batavia police officers who were attempting to arrest another subject. She was issued an appearance ticket for May 24 in City Court. The case was handled by Batavia Police Officer Arick Perkins.

Geoffrey M. Anderson, 50, of East Main Street, Batavia, is charged with second-degree harassment. He was arrested following a complaint that he approached a USPS mailman at 12:30 p.m. on May 16 and repeatedly threatened him. He is to appear in City Court on May 24. The case was handled by Batavia Police Officer Jason Ivison.

John M. Galit, 29, of Kyser Lake Road, Dolgeville, is charged with common law DWI, unlicensed driver, and DWI. On May 16, city police were notified that an accident occurred in the parking lot of Applebee's by a NYSP investigator who was following the vehicle at the time. Batavia PD stopped the vehicle at 6:25 p.m. on Oak Street. Galit was allegedly found to be operating the 2015 Ford F-250 while intoxicated and he was arrested. He was released on appearance tickets and is to be in City Court on June 8. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Jamie Givens.

Roy D. Hooten, 55, of South Main Street, Batavia, is charged with third-degree criminal mischief. He was arrested at 11:56 p.m. on May 15 as the result of a complaint from the staff at UMMC in which it is alleged that he damaged hospital property during an incident at 9:58 p.m. on May 15. He was jailed without bail and was due in City Court Monday. The case was handled by Batavia Police Officer Eric Foels, assisted by Officer Matthew Wojtaszczyk.

William B. Gorton, 21, of 8410 E. Main Road, Le Roy, was arrested and charged with one count of third-degree criminal mischief, an E felony. It is alleged that on or about May 17, Gorton damaged an electric door lock at an address on Lake Street in Le Roy when he intentionally struck the door numerous times. The cost to repair the locking mechanism is in excess of $250. Gorton was arraigned in the Le Roy Town Court, released on his own recognizance and is to reappear in town court at a later date.

David M. Pero, 64, of Trumbull Parkway, Batavia, is charged with open burning. At 2 p.m. on May 8, police and city firefighters responded to the area of 667 Ellicott St. for the reported unknown-type fire. Upon arrival, an open burn was located. A subsequent investigation was conducted and Pero was issued an appearance ticket for May 17 in City Court. The case was handled by Batavia Police Officer Kevin DeFelice, assisted by police Sgt. Dan Coffey.

Sara A. Howard, 21, of West Bergen Road, Le Roy, is charged with possession of a hypodermic instrument and second-degree criminal impersonation. At a traffic stop at 10:20 a.m. on Oak Street in the City of Batavia, Howard allegedly attempted to provide a false name to an officer. She was also allegedly found in possession of a hypodermic needle. She was arrested, arraigned and released under supervision of Genesee Justice and is to appear in City Court at a later date. The case was handled by Batavia Police Officer Marc Lawrence, assisted by Officer Jason Davis.

Devin P. Hofert, 20, of Hutchins Street, Batavia, is charged with trespass. Hofert was arrested for trespass at 11:58 a.m., May 17, on East Main Street, Batavia, after allegedly being on a premise that he was previously advised to avoid. He is to be in City Court on May 24 to answer the charge. The case was handled by Batavia Police Officer Jason Davis.

Andrew C. Webster, 23, of Gillette Road, Alexander, is charged with trespass. At 7:35 a.m. on May 13, Webster was located in a tent behind 269 State St. and was arrested for trespass and was to appear in City Court on Tuesday. The case was handled by Batavia Police Officer Marc Lawrence, assisted by Officer Jason Davis.

Lena M. Evans, 28, no permanent address, is charged with trespass. She was arrested at 7:35 a.m. on May 13 following an investigation of a tent that was found on private property on State Street in the city without the landowner's consent. She was issued an appearance ticket for May 17 in City Court. The case was handled by Batavia Police Officer Kevin DeFelice, assisted by Officer Jason Davis.

Sandra L. Longhini, 55, of South Spruce Street, Batavia, is charged with unlicensed dog and dog running at large. On May 12 at 6:30 p.m., Longhini's dog was allegedly found running loose in backyards and on the street and it allegedly is not licensed with the City of Batavia. She was issued an appearance ticket for May 17 in City Court. The case was handled by Batavia Police Officer Jamie Givens.

Matthew P. Parker, 26, East Center Street, Medina, was arrested on May 12 on an active warrant out of Batavia City Court for allegedly failing to pay a fine issued by that court for excessive noise on May 24, 2015, on Summit Street. Parker was due in court today. The case was handled by Batavia Police Officer Chad Richards.

John Thomas Kingsley, 39, of Royce Road, Varysburg, was arrested on an active bench warrant out of Batavia City Court for allegedly failing to pay a fine for a traffic citation issued on Bank Street in July of 2014. At the time of his arrest, Kingsley was a passenger in a vehicle that was stopped by Troopers in Rochester. He was subsequently picked up by Batavia PD. He posted bail and is to be in City Court on May 31 to resolve the matter. The case was handled by Batavia Police Officer Chad Richards.

May 18, 2016 - 1:34pm
posted by Billie Owens in news, education, high school rankings, pembroke, elba, Le Roy.

Press release:

U.S. News & World Report released its current rankings for high schools across the nation recently and several area schools earned spots in the top 225 of New York State.

Pembroke High School ranked 123 out of 1,272 public schools in the state. Elba was also in the top 15 percent, coming in at 172, with Le Roy right behind at 180. Medina (207) in Orleans County and Warsaw (213) in Wyoming County also ranked within the top 225.

The report’s criteria are based on overall performance of students on state tests, participation and performance on advanced placement exams and graduation rates. The goal of these rankings is to provide an unbiased picture of the top performing schools and how well those schools serve all of their students.

U.S. News & World Report has been releasing annual high school rankings since 2007.

US News & World Report New York State High School Rankings

Rank    School                  Student/Teacher Ratio                   College Readiness                  Math Proficiency            English Proficiency

123      Pembroke                    11:1                                                     38.4                                        92%                                   94%

172      Elba                              8:1                                                      29.1                                        95%                                    76%

180      Le Roy                         12:1                                                     27.6                                        86%                                    90%

207      Medina                              14:1                                                     23.0                                         88%                                    90%

213     Warsaw                              11:1                                                     22.1                                         88%                                    92%

*from usnews.com

May 16, 2016 - 10:39pm
posted by Howard B. Owens in Mail Pouch Barn, Asbury Road, Le Roy, BARNS, news.

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A drive out to Le Roy today for some business took me down Asbury Road under crisp blue skies and past the landmark Mail Pouch Barn.

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May 16, 2016 - 11:42am
posted by Howard B. Owens in Le Roy, news.

A semi-trailer has reportedly brought down utility lines, possibly electrical, in the area of 7233 West Main St., Le Roy.

Le Roy Fire responding.

May 16, 2016 - 10:11am
posted by Billie Owens in crime, Le Roy, news.

Susan A. Colton, 58, of Vernal Road, Attica, was arrested by the Le Roy Police Department on May 13 and charged with: driving while ability impaired by drugs, a Class A misdemeanor, and driving the wrong way (on a one-way street), a violation.

Colton was arrested following an investigation of an erratic operator traveling northbound on Warsaw Road. The vehicle which Colton allegedly operated was located a short time later at the Five Star Bank at 124 W. Main St. After a brief investigation Colton was allegedly found to be impaired by drugs.

Colton was issued traffic tickets for the charges with a return date of June 20 at the Le Roy Town Court. Genesee County Sheriff's deputies assisted with the arrest and a driver evaluation.

May 15, 2016 - 4:08pm
posted by Howard B. Owens in fire, Le Roy, news.

A porch fire is reported at 62 W. Main St., Le Roy.

A chief reports smoke showing.

Le Roy fire and Le Roy ambulance dispatched, along with Bergen's ladder truck.

UPDATE 4:35 p.m.: This turned out to be a mulch fire.

May 12, 2016 - 4:57pm
posted by Billie Owens in crime, corfu, news, batavia, Le Roy.
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       Darik Orbaker

Darik R. Orbaker, 23, of 71 Wolcott St., Le Roy, (pictured right) was arrested April 20 by the Le Roy Police Department and charged with one count of aggravated family offense, a Class E felony, based on a domestic complaint. It is alleged that during the domestic disturbance, Orbaker damaged property and obstructed the breathing or blood circulation of a family member and has been previously convicted of one or more “specified offenses” against this or other family members within the previous five years. Orbaker was arraigned in the Town of Le Roy Court and put in Genesee County Jail in lieu of bail. 

Trevor S. Rarick, 21, was arrested on May 8 by Troopers and charged with: unlawful possession of marijuana; driving while intoxicated; refusal of breath screening test; failure to comply with a lawful order of a police officer; and failure to stop at a stop sign. Rarick failed to stop at a stop sign in front of the Trooper at the intersection of Clinton Street and Clinton Park in the City of Batavia. He was stopped on Wade Street and Troopers immediately detected the odor of an alcoholic beverage. Rarick consented to the field sobriety tests, which he subsequently failed. He refused to consent to a breath sample. A scale covered with marijuana residue, a smoking pipe with marijuana residue and approximately seven grams of marihuana were allegedly located inside his vehicle. Rarick was transported to SP Batavia barracks for processing and was arraigned in the Town of Batavia Court and released on his own recognizance. He is scheduled to appear in the City of Batavia Court at a later date.

Meghan L. Daniels, 28, of York, was arrested by Troopers on May 11 and charged with shoplifting and unlawful possession of marijuana. Daniels allegedly took a candy bar worth $1.45, passing all points of sale and attempted to exit the Walmart Store. Troopers detected the odor of marijuana emanating from Daniels. A baggie containing approximately 10 grams of marijuana and a marijhuana grinder containing marijuana residue was allegedly located. Daniels was transported to SP Batavia barracks for processing. She was issued an appearance ticket returnable to the Town of Batavia Court on May 19.

Jenna A. Kavanagh, 23, of Rochester, was arrested by Troopers on May 8 and charged with unlawful possession of marijuana. Troopers detected a strong smell of marijuana emitting from the vehicle when Kavanagh was stopped for speeding on State Route 262. More than three grams of marijuana in multiple plastic vials was allegedly found inside a glass container. Kavanagh was issued an appearance ticket returnable to the Town of Byron Court on May 16 and a uniform traffic ticket was issued for speeding.

Josiah D. Kirby, 22, of Kenmore, was arrested by Corfu Village Police Officer Michael Petritz for unlawful possession of marijuana after a traffic stop for speeding on Route 77. Officer Petritz detected a strong odor of burnt marijuana emanating from the vehicle. Kirby was allegedly found to be in possession of four marijuana cigarettes and a blue glass smoking pipe containing marijuana residue. Kirby was issued tickets and an appearance ticket returnable to the Village of Corfu on June 6.

Julio A. Bautista, 20, was arrested by Troopers on May 11 for trespass after he was warned on two separate occasions not to return to College Village by Security. Bautista was located in the parking lot of the property and was placed under arrest. He is scheduled to appear in the Town of Batavia Court on May 23.

May 12, 2016 - 10:10am
posted by Howard B. Owens in Le Roy, fire, news.

Le Roy fire is called to a report of a utility pole fire on Lake Street Road at Selden Road.

A chief on scene reports the pole is on fire.

UPDATE 10:22 a.m.: Fire is out.

May 10, 2016 - 3:29pm
posted by Billie Owens in Le Roy, Milestones.

Avery Mallaber, of Le Roy, is a member of the Criminal Justice Club at Ashland University.

Mallaber is majoring in Criminal Justice.

Mallaber is a 2015 graduate of Le Roy Central High School.

The purpose of the Ashland University Criminal Justice Club is to conduct activities which will add to the intellectual, cultural, and social development of students majoring in criminal justice. The members of the criminal justice club have visited sites such as correctional facilities and crime labs in order to increase their knowledge of the criminal justice field. The club also has heard lectures from guest speakers including criminal investigators, federal law enforcement agents, federal probation officers and local police officers.

Ashland University (www.ashland.edu) values the individual student and offers a unique educational experience that combines the challenge of strong, applied academic programs with a faculty and staff who build nurturing relationships with their students.

May 9, 2016 - 1:02pm
posted by Billie Owens in barn quilts, suzi parron, Le Roy, news, Announcements.

Press release:

Suzi Parron, author of the newly released book “Following the Barn Quilt Trail” will speak at 7 p.m. on Wednesday, May 11, at Le Roy House, located at 23 E. Main St., Le Roy.

Colorful barn quilts dot the landscape across the United States. Le Roy has one of New York’s largest barn quilt trails, with nearly 100 painted designs. For nearly seven years, Parron has been traveling the back roads of the country photographing and collecting the stories of the quilts, the barns and the people.  

She will be sharing those stories on when she visits Le Roy House. This program is free and open to the public. She will be selling and signing her newest book, recently published by Ohio University Press.

The barn quilt movement started in Southern Ohio in 2001. It was the idea of Donna Sue Groves, who wanted to acknowledge her agricultural heritage and her mother’s love for quilts. She envisioned a “clothesline of quilts” across the country. Since that time, thousands of painted barn quilts have appeared on barns, sheds, fences, and buildings in almost every state and a few provinces of Canada.

Parron, a former English teacher, quilter, backwoods traveler, avid kayaker and folk art collector began chronicling the barn quilt stories and published her first book, “Barn Quilts and the American Quilt Trail Movement” in 2012. She first visited Le Roy in the summer of 2013, a year after Le Roy had dedicated its barn quilts to the 200th anniversary of the town.

Since that time, Parron, her husband Glen and their dog, Gracie, have traveled 13,000 miles in their converted bus, “Ruby” collecting stories for Parron's second book. Included in it is the story of Le Roy’s McPherson family quilt, which inspired the McPherson Orchard’s pink quilt, “Lady of the Lake.” And the story of the Stein Farm’s two quilts, taken from two family quilts – both included with photographs and the introduction to the quilts found in New York State.

For more information, call Lynne Belluscio, 585-768-7433 at the Le Roy Historical Society.

May 9, 2016 - 12:44pm
posted by Billie Owens in Announcements, Le Roy, photography enthusiasts of WNY.

Press release:

The Photography Enthusiasts of Western NY will open their spring show on Friday, May 13 at 7 p.m. at 58 on Main, 58 Main St., Le Roy. 

Refreshments served. This online club of almost 300 members has shows of their photographic work throughout the year at the gallery at 58 on Main. 

The club is free and open to all interested in photography. For more information, call 585-768-2402 or e-mail [email protected]
You can find us on Facebook: Photography Enthusiasts of Western NY

May 9, 2016 - 11:28am
posted by Billie Owens in crime, news, batavia, Alabama, Stafford, Le Roy, bergen, Oakfield.

Dakota Scott Pocock, 19, of Townline Road, Bergen, is charged with five counts of sexual misconduct following an investigation in the Village of Oakfield. The defendant allegedly had sexual intercourse with the victim without consent five times between August and December. He was issued an appearance ticket for Oakfield Town Court at 5 p.m. on May 16. The investigation was conducted by Sheriff's Deputy Kevin Forsyth and Investigator Bradley Mazur.

Duty E. Caswell, 24, of Hutchins Place, Batavia, was arrested for having a vicious dog. The arrest stems from an incident on March 7 wherein his dog, according to police, attacked two people and another dog. Caswell was issued an appearance ticket and released and is scheduled to appear in Batavia City Court at 10:30 a.m. on May 13. The case was investigated by Batavia Police Officer Stephen Cronmiller.

Devon Schulman, 20, of Liberty Street, Batavia, is charged with second-degree menacing and criminal possession of a weapon, 3rd. It is alleged that at 6:52 p.m. on May 5 Schulman displayed a knife to a subject at an apartment on Liberty Street and made comments that led the victim to believe Schulman intended to use the knife against the victim. Schulman was jailed without bail and was to be in City Court on May 6. The case was investigated by Batavia Police Officer Mitchell Cowen, assisted by Chad Richards.

Shawn C. Smith, 35, of East Main Street, Batavia, is charged with driving while intoxicated, aggravated unlicensed operation, first, and speeding. Smith was arrested at 6:24 p.m. on April 30 following a traffic stop on East Main Street, Batavia, and following arraignment was jailed without bail. He was to be in court May 2. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Sgt. Dan Coffey.

Shane Michael Green, 28, of Trapping Brook Road, Wellsville, is charged with driving while ability impaired by drugs and moving from lane unsafely. At 7:36 a.m. on May 6, Green was arrested on Batavia-Stafford Townline Road, Stafford, for allegedly driving while the ability to do so was impaired by drugs. The arrest was the result of a complaint for erratic operation of a motor vehicle. Green is to be in Town of Stafford Court on June 6. The case was handled by Sheriff's Deputy Kyle Krzemien, assisted by Deputy Christopher Parker.

Ryan James Sundown, 35, of Meadville Road, Tonawanda Indian Reservation, is charged with second-degree criminal contempt. He allegedly violated a complete stay away order of protection at 6 p.m. on April 25 on Council House Road. He was arraigned on the charged on May 5 in Alabama Town Court. The case was handled by Sheriff's Deputyt Kevin McCarthy, assisted by Deputy Kyle Krzemien.

A 17-year-old female who lives in Batavia was arrested at 4:06 p.m. on May 2 and charged with fourth-degree criminal mischief. She allegedly broke a window during an argument. She was issued an appearance ticket for May 17 in City Court. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Arick Perkins.

Jany Girwath Jock, 20, of Batavia Stafford Townline Road, Batavia, is charged with identity theft, 3rd. The defendant was arrested following the investigation into the unlawful use of a credit card at 10:30 p.m. on May 3. Jock was issued an appearance ticket returnable to Batavia City Court at a later date. The case was handled by Sheriff's Deputy Ryan DeLong.

Mary Finnegan, 68, of Lake Street, Le Roy, was arrested on May 7 and charged with one count of criminal trespass in the second degree, a Class A misdemeanor. Le Roy Village Police Department responded to a local apartment house after receiving a complaint of a subject on the property trespassing. Upon arrival Finnegan was allegedly located on the property after she had previously been advised she was no longer allowed on the property. Finnegan was taken into custody and charged accordingly. Finnegan is to appear in the Le Roy Town Court on May 19 to answer to the charge.

May 5, 2016 - 2:02pm
posted by Billie Owens in crime, batavia, Le Roy, news.

Brian E. Bisig, 57, of 25 Clay St., Le Roy, is charged with DWI following a report of a vehicle which had been involved in an accident and had left the scene on Summit Street Road. Bisig was allegedly involved in a motor-vehicle accident at about 6:15 p.m. on Wednesday, May 4, which was observed by a concerned citizen. The citizen was able to provide a description of the vehicle to police and followed the involved vehicle to a residence located on Clay Street in Le Roy. After a brief investigation, Bisig was found to be allegedly intoxicated and was charged. In addition to the DWI charge, Bisig was also charged with DWI with a BAC of .08 percent or more. Bisig was also issued a summons by a member of the State Police regarding the accident occurring in the Town of Le Roy. Bisig will answer the charges at a later date in the Town of Le Roy Court.

Christopher M. Smith, 21, was arrested May 1 for petit larceny after he allegedly stole 15 packs of Pokemon cards valued at $63 and exited a local store, passing all points of sale; Smith attempted to hide the merchandise underneath a vehicle in the parking lot. He was transported to State Police barracks in Batavia for processing and issued an appearance ticket returnable to the Town of Batavia Court on May 9.

Dawn Viehdeffer, 57 was arrested May 2 for petit larceny from Walmart after taking miscellaneous items totaling more than $45. Viehdeffer was allegedly observed placing items in her purse as she shopped but failed to remove the concealed items upon checkout; Viehdeffer did not scan the items and proceeded to exit the store, passing all points of sale. She was transported to State Police barracks in Batavia for processing and issued an appearance ticket returnable to the Town of Batavia Court on May 17.

May 4, 2016 - 1:41pm
posted by Billie Owens in crime, batavia, Le Roy, news.

Kenneth Michael Gray Jr., 24, no permanent address, is charged with second-degree criminal trespass. He was arrested on May 3 after he allegedly entered a second-story window at 3:05 a.m. on Lake Street Road, Le Roy. Gray is in jail on $10,000 bail. The case was handled by Sheriff's Deputy Ryan Young, assisted by Deputy John Baiocco.

Justin Allan Putney, 25, of Borden Avenue, Perry, is charged with driving while intoxicated, operating a motor vehicle with a BAC of .08 percent or more, and speeding. He was stopped at 12:16 a.m. today for speeding on East Main Street Road in Batavia and was allegedly found to be intoxicated. He is to appear in Town of Batavia Court on May 16. The case was handled by Sheriff's Deputy John Baiocco, assisted by Deputy Ryan Young.

May 3, 2016 - 11:02am
posted by Howard B. Owens in crime, batavia, Le Roy, news.

There was no forward movement in the murder case of Kyle Johnson today because the psychiatrist preparing a report on Johnson was unable to review a DVD provided by the defense on his computer.

Public Defender Jerry Ader expected the psychiatric exam report by today that might shed light on whether Johnson suffers from a mental defect or impairment.

The 53-year-old Johnson is accused of killing Norman D. "Don" Ball, of setting his own house on fire, and of attempting to kill a police officer and firefighter on Selden Road, Le Roy, on Dec. 1.

In order to assist the psychiatrist in viewing the DVD, Ader's office provided him today with a computer capable of playing the DVD.

Ader hopes the report will be available within a week and so a court appearance for Johnson was set for 11:30 a.m., May 10.

At some point after the report is available, there will be a hearing on several issues related to the case. Whether that includes a hearing on Johnson's mental state will be determined by Ader, but District Attorney Lawrence Friedman said at a prior court appearance that he expects Ader will seek a hearing on several evidentiary issues, including a photo lineup used with a witness, oral statements made in connection with the case, a video interview, and numerous statements made to corrections officers in the Genesee County Jail.

In other court cases today:

  • The case of Jason A. Armstrong Sr., accused of rape, was adjourned until Thursday. Today was the scheduled plea cut-off date for Armstrong, but Judge Michael Pietruszka agreed to continue the case two more days following a private conference with the attorneys.  Armstrong has been offered a plea bargain that would require him to plead guilty to assault, 2nd, and receive a five-year prison sentence followed by five years on parole.
  • Sara A. Howard, who previously entered a guilty plea to grand larceny, was scheduled to be sentenced today, but she didn't show up for court. Pietruszka read a letter from GCASA indicating that Howard has allegedly failed to comply with GCASA's instructions. He issued a warrant for her arrest. Howard was arrested earlier this year for stealing a Sony PlayStation valued at $300 after gaining entry to a family member's home on Jan. 8. Howard and an alleged accomplice also gained entry to another family's home and stole a .50-caliber CVA muzzleloader and a 12-gauge Mossberg Maverick valued at $700. Prior to her guilty plea locally, Howard allegedly committed a crime in Wyoming County but wasn't arrested until later. Howard's arrest was announced April 8. She faces multiple drug sales charges in Wyoming County.

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Contact: Howard Owens, publisher (howard (at) the batavian dot com); (585) 250-4118

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