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Grand Jury: Man accused of stealing more than $50,000 from Bergen business

By Billie Owens

Bruce D. Smith is indicted for the crime of second-degree larceny. It is alleged that between about April 2018 through March 2019 in the Town of Bergen that Smith stole property having a value of more than $50,000. In count two, he is accused of falsifying business records in the first degree, a Class E felony. It is alleged in count two that in October 2018 that he acted with intent to defraud and falsified an entry into a business's financial records for the period of July 2018 through January 2019.

Christopher C. Good is indicted for the crime of first-degree burglary, a Class B violent felony. It is alleged that on Oct. 20 on Liberty Street in Batavia that Good knowingly entered and remained unlawfully in a dwelling with the intent to commit a crime and caused physical injury to a victim inside. In count two, he is accused of second-degree assault, a Class D violent felony, for intentionally causing serious physical injury to the victim. In count three, Good is accused of third-degree menacing, a Class B misdemeanor, for intentionally placing or attempting to place the victim in fear of death, imminent serious physical injury, or physical injury. In count four, Good is accused of second-degree aggravated harassment, a Class A misdemeanor, for communicating with a person with the intent to harass, annoy, threaten or alarm that person by making a threat to cause physical harm, thereby causing the victim to reasonably fear harm for their safety or their property, or that of their family or household.

Daniel E. King is indicted for the crime of aggravated unlicensed operation in the first degree, a Class E felony. It is alleged that on Oct. 9 in the Village of Corfu that King drove a 2006 Suzuki on Route 33 while his driver's license was suspended or revoked by authorities and while he was under the influence of alcohol or a drug. In count two, he is accused of DWI, also as a Class E felony, for allegedly driving while intoxicated that day. In count three, King is accused of refusing to submit to a breath test. In count four, he is accused of aggravated unlicensed operation of a motor vehicle in the first degree, another Class E felony, for allegedly driving on Phelps Road in the Town of Pembroke on Nov. 12 while under the influence of alcohol or a drug while his license was suspended or revoked by authorities. In count five, King is accused of DWI for allegedly driving on Phelps Road in the Town of Pembroke while intoxicated on Nov. 12. In count six, he is accused of refusing to submit to a breath test Nov. 12 on Phelps Road in the Town of Pembroke. In Special Information filed by District Attorney Lawrence Friedman, he is accused of having been convicted of DWI as a misdemeanor on Aug. 6, 2012, in Greene County Court, and that conviction forms the basis for the suspension or revocation referred to in counts one and four of the current indictment.

Lisa A. Way is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on Dec. 5 in the City of Batavia that Way drove a 2011 Chevolet on Ellicott Street (Route 63) and on the driveway/parking lot at an address on that street while intoxicated. In count two, Way is accused of refusing to submit to a breath test. In Special Information filed by District Attorney Lawrence Friedman, she is accused of having been conviction of DWI as a misdemeanor on Nov. 8 in Town of Newstead Court in Erie County and that conviction was within 10 years of the crime alleged in count one of the current indictment.

Significant fuel spill reported at Flying-J

By Howard B. Owens

A 50- to 60-gallon fuel spill is reported in the northwest corner of the Flying-J parking lot.

Pembroke fire and Indian Falls fire dispatched.

City of Batavia Fast Team and Mercy EMS dispatched.

City Engine 11 responding on a "slow roll" since there's no fire.

UPDATE 9:41 p.m.: Engine 11 back in service.

UPDATE 10:37 p.m.: Pembroke and Indian Falls are back in service.

10th annual 'Shooting For A Cure!' in Pembroke was a record-setter but still gunning for overall total goal by April 1

By Press Release

Submitted photo and press release:

It was a record-setting night at Pembroke Jr./Sr. High School as the community came out to support the Pembroke Girls Basketball Team’s 10th annual "Shooting For A Cure!" game.

On Friday night, by game’s end, "Shooting For A Cure!" had raised more than $38,000. From open donations and apparel sales, to the Food Truck Rally and raffle tickets, the Pembroke community shattered the previous record of $33,050.20.

Throughout the evening and over the weekend, more donations continued to come in bringing this year’s total to $41,105.21, leaving them shy of their $48,000 event and $200,000 overall contributions goal.

The team remains focused on eclipsing the $200,000 mark by April 1st and is accepting online donations in support of "Shooting For A Cure!" at.

Since 2011, when the team decided to use their passion for playing basketball as a platform from which to host a fundraiser for breast cancer research at Roswell Park in support of community member, Toni Funke, the team has raised more than $192,500 in contributions for Roswell Park Comprehensive Cancer Center through "Shooting For A Cure!"

In addition to raising funds, the team wanted to show their support for Mrs. Funke as she battled cancer. The tradition of supporting, honoring, and remembering those impacted by cancer also continues.

Between the JV and Varsity games, the team held a ceremony to memorialize eight community members who have lost their battles with cancer as well as to honor 28 cancer survivors. Each varsity player lined up at center court and took turns sharing the names of a loved one, teacher, friend, or community member whose life has been touched by cancer. After each person was recognized by name, a rose was added to a vase at center court in his or her honor.  

“The halftime ceremony was emotional for me this year for many reasons,” said Ron Funke, Pembroke Girls Basketball coach. “It was so well done; it was simple, yet elegant and very moving. It also marked a decade since Toni’s initial diagnosis.

"As I continue to reflect on this game and its growth, I am overwhelmed by the love and support this community shows these players every season. The players and the event organizers have so much passion for this cause and Pembroke continues to rally around it more and more each year.

"It’s unbelievable to think what our small town is able to do. I mean, think about it, we’re closing in on $200,000 raised for cancer research in 10 years. That figure is just astounding to me.”

Senior Serene Calderón said "I can’t even explain in words all of the emotions that I felt on Friday. I am so grateful to have had a chance to be a part of something so amazing. This year was chaotic and challenging for me and my teammates, but what our community was able to accomplish made it all worth it.

"I was able to spend my last night as a player in that gym, playing for something so much bigger than just me. To think that Pembroke came together to raise over $40,000 is just incredible. I had set a goal early in this season to try to become the leading scorer in Pembroke history. To accomplish that during the Pink Game, with Breanna Johnson there, who held the scoring record and started 'Shooting For A Cure!,' was so overwhelming for me; it all just came full circle for me in that moment.

"I cried all weekend. Accomplishing that personal goal was a great feeling, but it’s an even better feeling when I reflect on what we’ve been able to raise for cancer research this season. I still can’t believe that we’ve raised over $40,000, it’s just amazing.” 

According to Allie Schwerthoffer, “ 'Shooting For A Cure!' gives you a sense of purpose.”

She added that there are so many ways to get involved and that any contribution, no matter how big or small, means the world to the team and to those at Roswell.

“Throughout my years of being involved in this game," Allie said. "I have been able to take a step back and recognize what is really important in life. Showing support for others in a time of need gives me a sense of gratitude that cannot be replicated. I have been blessed to be a part of such an incredible community that has each other’s backs no matter what.

"This game is an opportunity that I don’t take for granted. I have the power to make a change. This year we raised over $40,000 and it’s amazing what such a small family-like community can accomplish when we come together to help one another.”

Arron K. Brown, sixth-grade teacher, worked tirelessly all evening running around the parking lot, braving the freezing cold temperatures. Because of pandemic restrictions and protocols, he reimagined his "Snack Shack" as a food truck rally. Five trucks showed up for the event.

“The Pembroke community always comes out in support of this event every year. It was important to me to uphold this proud tradition we share. I’m extremely thankful that Macarollin’, Center Street, Pub Hub, Cheesy Chick, and Lloyd’s came out in support of our inaugural Food Truck Rally,” Brown said. “There was a steady stream of people from 4 to 8 p.m., waiting in the freezing cold, for dinner, all in support of this cause.

"The wind was whipping through the parking lot, the temps were definitely below freezing, yet the Pembroke faithful all came out to grab dinner and show their support for 'Shooting For A Cure!,'. Mr. Bailey and Miss Komosinski had the drumline going early on which added to the atmosphere! I’d also like to thank Mrs. Fenik, Mr. Kinal, Mr. Strzelec, and Mrs. Wilson for all of their help outside with directing traffic, parking cars, selling raffle tickets, and keeping the evening safe for all of our supporters. It was a complete team effort all around.” 

There are still opportunities to help. In addition to a direct donation through our donation page, local State Farm Insurance agent Mark Lewis has pledged $10 per insurance quote to "Shooting For A Cure!" for every new customer auto quote completed from March 1 through March 31. Please call (585) 343-4959 to request your “Quotes for Good” auto quote today (limit one per household). Please be sure to say you're calling on behalf of "Shooting For A Cure!"

No crowd jamming the campus, no problem: Shooting For A Cure could top $40K in donations

By Howard B. Owens

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In the midst of a pandemic, when attendance was limited, Pembroke's annual "Shooting For A Cure!" fundraiser has raised at least $39,200, said organizer Mike Wilson.

That amount breaks last year's record-breaking total of $33,000.

Donations are still trickling in and Wilson is hoping the event goes over $40,000 by Monday morning when he'll announce the final results.

The funds benefit cancer research at Roswell Cancer Institute.

The basketball game itself saw another record fall. Serene Calderón scored 16 points, giving her a career total of 822, a new school record.

For the Lady Hornets, Makena Reding scored 16 points and Josie Reding scored 10 points.

The final score was 49-43, Hornets.

To get an idea of how many people turn out for the event when there are no coronavirus pandemic restrictions, watch our video from a year ago.

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Photos by Kristin Smith. For more photos click here.

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Reminder: Pembroke Jr./Sr. high girls basketball team's 10th annual 'Shooting For A Cure!' is Friday

By Press Release

Submitted photo and press release:

The Pembroke Jr./Sr. High School Girls’ Basketball Team will host its 10th annual Shooting For A Cure! event versus Oakfield-Alabama this Friday, March 5, at 7:30 p.m. in the high school gym, located at the corner of routes 5 and 77 (8750 Alleghany Road) in Pembroke.

Because of the current statewide COVID-19 restrictions, admission to the game is by school-issued passes only, with two immediate family members per player in attendance.

To date, Shooting For A Cure! has raised more than $152,000 and has become one of Roswell Park’s largest community-based fundraising events.

This year, the team hopes to break the $200,000 mark in total funds raised since the event’s inception, setting their most ambitious goal to date.

Donate / Support / Bid 

There are several ways to support this year’s mission.

The team is currently accepting online donations in support of Shooting For A Cure! To make a donation, please click here.

Currently Bontrager Real Estate & Auction Service has listed 20 Park Hopper passes to Walt Disney World that are up for bid. This auction closes on Friday, March 5th at 9:30 p.m., with 100 percent of the proceeds raised to benefit cancer research at Roswell Park Comprehensive Cancer Center.

Insty-Prints of Buffalo generously printed raffle tickets in support of this year’s event. Countless donors have provided jewelry, newly released Apple products, Amazon gift cards, autographed sports memorabilia, gift certificates to local restaurants, themed-baskets, family photo sessions, and various hand-crafted items as raffle prizes. The YMCA of Batavia donated multiple memberships and Pesci’s Pizza & Wings donated an "Office Pizza Party for 12."

A limited number of raffle tickets remain.

To bid, click here.

Mark Lewis, local State Farm Insurance agent, has pledged $10 per insurance quote to Shooting For A Cure! for every auto quote completed now through March 31. This offer is for new customers only, so if you are not already a State Farm customer, please call (585) 343-4959 to request your “Quotes for Good” auto quote today (limit one per household). Please be sure to say you're calling on behalf of Shooting For A Cure!

In addition to details about purchasing tickets, event-related information is available here.

If you’d like to donate to this year’s event please contact Mike Wilson by calling (716) 949-0523 or click here.

WBTA to Broadcast Live and Food Trucks Will Rally

WBTA has offered an AM/FM broadcast of the game. Pembroke will be setting up a live video feed of the game.

Snack Shack Coordinator and Pembroke teacher Arron Brown has coordinated with local food trucks to set up a "Food Truck Rally" in support of the event from 4 to 8 p.m. The food vendors will donate a percentage of proceeds to cancer research at Roswell Park Comprehensive Cancer Center.

Reflections on the Pink Game

Senior Serene Calderón will be playing in her fourth and final Shooting For A Cure! game this year.

“When I reflect on the Pink Game, what comes to mind is community, love, and team work," Serene said. "This game brings our community together every season, and we grow closer and more supportive of each other. The night of the game, our school is surrounded by love.

"You can just feel it, especially during the halftime ceremony. Shooting For A Cure! brings our team together; it gives us a higher purpose as we try to help those in need. It’s not about basketball that night; it’s about showing love to those in our community and supporting a cause much bigger than ourselves.”

Senior Emily Peters said “The most important part, to me, about participating in this event the fact that our small community makes a big impact. Since the inaugural game, each team—including all of the new members— looks for ways to widen the impact of the game. It’s been challenging for us this year to try and reinvent the way we host this event.

"It being our 10th annual, we wanted to go big and get creative, but with all of the current COVID restrictions, we won’t be able to have a packed gym or crowded hallways full of prizes; however that won’t take away from what’s most important. It’s about supporting our community, and we’re finding new ways to do that.”

Although this year’s event won’t have the characteristic congested hallways, capacity crowd in the gymnasium, jam-packed cafeteria, or halftime ceremony we’ve all become accustomed to, the team continues to pursue creative alternatives to bring the game to the community.

“The first word that comes to mind when I think about Shooting For A Cure! is the simple, powerful, and profound word, love.” said Matthew Calderón, Pembroke superintendent. “There isn’t a better word that describes what’s going on here at Pembroke in the days, weeks, and months leading up to this event.

"You can feel it in the building, especially on the night of the game. This entire event is fueled by love. It’s about selflessly serving others and showing everyone in our community that we’ve got their back when adversity strikes. The most important aspect of this game has only been further strengthened and enhanced by the current restrictions we’re facing.

"These new challenges will not stop Pembroke from trying to make a difference. It provides us with the opportunity to do something we never would have had the chance to do. Our mission remains the same, we’re just finding new ways to go about it. We remain hopeful that taking a more virtual approach will allow us to engage more people in a broader way, reaching those we wouldn’t normally reach."

Cancer Survivor: 'Entire Community Was There For Me'

Proud cancer survivor Diane Phelps said "We are truly a unified community that has been proudly working towards a common goal for a decade now. The most important aspect of this event isn’t about the dollar amount raised, it’s about the genuine love shown to cancer patients and their families. It’s an incredible feeling to know that no one is going through this alone.

"Standing on the baseline during the halftime ceremony for the first time as someone battling this disease was overwhelming. I couldn’t believe that I was living in that moment, knowing that my entire community was there for me. It was a wonderful feeling. When you know that your community has your back at times like that, it’s emotional and hard to put into words what that feels like.

"Pembroke is special and this game helps to model for all of the students, young and old, what’s most important in life. It’s a great way for young people to get involved and give back. The way that this team, the Pembroke teachers, students, alumni, and basketball families rally around this cause every year is inspirational to me. I’m so blessed to be a part of such an incredible community."

Photo: Front -- Karli Houseknecht (25), Serene Calderón (10), Sydney Johnson (11), Allyson DuBois-Rider (30). Back -- Isabel Breeden (2), Emily Peters (32), Nicole Von Kramer (23), Allie Schwerthoffer (14), Ariel Moss (50).

Pals of Jessica Newton hold drive-thru chicken BBQ fundraiser March 6 and walk-thru basket raffle

By Billie Owens

Jessica Newton -- wife, mother, daughter, sister, friend and nurse -- needs the community's help as she struggles to regain her health and her strength.

After being diagnosed with COVID-19 and spending six days in the hospital, she returned home only to suffer a stroke a day later. She went back in the hospital and though is again back home recovering.

"One thing she isn't is a quitter. ... Jess...is staying strong so she can come home to her husband TJ and her two sons, Maverick and Emmett," according to a note sent to The Batavian by the Newton and Johnson families.

They are holding a drive-thru chicken BBQ for her from 12 p.m. until sold out on Saturday, March 6, at St. Maximilian Kolbe Roman Catholic Parish, located at 8656 Church St. in East Pembroke.

Tickets for "Racing to Recovery" are $12 each. There will also be a walk-thru basket raffle at the church that day.

Money raised will help the Newton family offset their medical expenses and help them now that Jessica, for the time being, is unable to work.

You can buy tickets, and/or drop off monetary donations or a raffle basket at:

Jess's friends and family say they appreciate the outpouring of love and support given to the frontline healthcare worker and her family.

The note continues: "This road the family is about to go down is unpredictable and may have bumps and turns, but one thing is for sure -- it will never be a road they travel alone."

Thruway to be closed in both directions from Exit 48 to 48A to deactivate power lines and remove pole

By Billie Owens

First responders are staging in the area of the travel plaza in Pembroke awaiting command to close the Thruway in both directions so National Grid crews can safely remove a damaged utility pole and sagging power lines. The power lines will need to be de-energized in order to do that.

The Thruway Authority has approved the action, which "could be a long event," according to a first responder on scene.

National Grid is sending a crew to the scene to cut power to the lines and repair the pole.

They are coordinating the work at the Service Area nearby needed to close westbound and eastbound lanes from Exit 48 to Exit 48A.

Town of Batavia Fire Department is ready to shut down westbound traffic at Exit 48.

Pembroke, Pembroke and Indian Falls fire departments are ready to shut down eastbound traffic at Exit 48A.

UPDATE 4:53 p.m.: Command has OK'd the shutdown of the Thruway, including the eastbound on-ramp.

UPDATE 4:57 p.m.: Some cars in line at the Service Center are being allowed to leave now; eastbound traffic at 48A is shut down.

UPDATE 4:58 p.m.: Westbound traffic is shut down. The Thruway Authority is being kept apprised of the work and may provide a crew to relieve firefighters of traffic control if need be.

UPDATE 5:03 p.m.: It is confirmed that the Thruway Authority will have a crew respond to relieve firefighters of traffic control duties; no ETA though.

UPDATE 5:09 p.m.: "I want you to keep traffic moving at that light; we've got a mess here," says command. Corfu fire is to assemble in their hall to stand by for Pembroke, East Pembroke and Indian Falls.

UPDATE 5:18 p.m. The county Highway Department is called to bring a loader to the pole repair site so National Grid workers can gain access to the pole.

UPDATE 5:51 p.m.: Command reports that National Grid estimates this job will take two to three more hours. The Thruway Authority had been advised of this.

UPDATE 6:06 p.m.: The power lines have been deactivated. The Thruway can be safely be reopened and they are doing that now -- in both directions. The fire assignments are back in service. National Grid will be working on repairs for some time and the Thruway will likely have to be closed at some point later tonight to put the pole back in place and activate the lines again. At that point, it is possible a Thruway Authority crew can respond for traffic control.

Law and Order: Man accused of reckless driving and more after police pursuit

By Billie Owens

Patrick Thomas Fuhr, 61, of Union Road, Cheektowaga, is charged with: unlawfully fleeing a police officer in a motor vehicle in the third degree; reckless driving; aggravated unlicensed operation in the second degree; failure to stop at a stop sign; and a red light violation. He was arrested on Feb. 4 after a police pursuit that occurred at 9:15 p.m. Jan. 29 in the City of Batavia and towns of Batavia and Pembroke. It is alleged that he fled in his vehicle from Genesee County and Livingston County deputies. Fuhr is due in City of Batavia Court on March 10 and Town of Batavia Court March 11. The case was handled by Genesee County Sheriff's Deputy Mathew Clor, assisted by Deputy Erik Andre.

Christopher John Raymond Diers, 38, is charged with third-degree burglary and petit larceny. He was arrested at 3:46 p.m. Jan. 5 for allegedly stealing property from Walmart then running from store security personnel when he approached the exit. He was put in Genesee County Jail until his arraignment at 6:15 p.m. in Genesee County Court. The case was handled by Genesee County Sheriff's Deputy Jacob Gauthier, assisted by Deputy Erik Andre.

Christopher P. Thomas, 38, of State Street, Batavia, is charged with dog running at large. He was arrested at 10:25 a.m. Jan. 29 on the Batavia Municipal Code violation for allegedly allowing his pet German shepard to run at large on a neighbor's lawn. He is due in Batavia City Court on March 30. The case was handled by Batavia Police Officer Connor Borchert.

Zachary John Wayne Marrow, 29, of Manhatten Avenue, Batavia, is charged with failing to appear in Batavia City Court after being given an appearance ticket. He was originally arrested at 12:30 a.m. Nov. 16 at on East Main Street and charged with aggravated driving while intoxicated. He was arrested on the city court warrant for failure to appear at 9:10 p.m. Feb. 2. Marrow is due back in court March 18. The case was handled by Batavia Police Officer Peter Post, assisted by Officer Christopher Lindsay.

Sponsored Post: New listing alert from Reliant Real Estate; 268 Maple Road, Pembroke

By Lisa Ace


New Listing: 268 Maple Road, Pembroke.
Here you go; super solid, well laid out ranch home in the Pembroke School System! This home is conveniently located -- close to all major routes. Minutes from the I-90 if needed, down the road from the County line with access to downtown Buffalo quickly but ALLLLL the goodness of country living!

Quiet rural road, deep pretty backyard with horseshoe pits ready for summer parties and great neighbors! Inside the home is well laid out, with an extra large living room, good size bedrooms (with hardwood floor throughout), and not seen from road an awesome heated step down room off of master bedroom with full bath and great view of backyard and woods!

There is a full basement, that once upon a time, was a rec area and could easily be again -- giving you extra spread out room if needed or just a really great basement storage area! There is an attached extra deep three-car garage with a work space and a half bath and an additional outside storage shed if needed!

Also there is screened in patio room off of garage leading to large deck...there really is a lot of great space here -- come see what you can do with it! Call Lynn Bezon today, call (585) 344-4663 or click here for more information.

Pembroke Girls Basketball Team is planning 10th annual 'Shooting For A Cure'

By Press Release

Submitted photos and press release:

The Pembroke Girls Basketball team is currently organizing their 10th annual "Shooting For A Cure!" game in support of funding research efforts at Roswell Park Comprehensive Cancer Center.

Due to the current COVID-19 restrictions, no official game date has been set; however we're considering various alternative ways in which to maintain this benevolent tradition as we work alongside our county health department.

Over the past nine seasons our small community has raised more than $152,000 for cancer research at Roswell Park. 

This year we hope to get creative, utilizing virtual alternatives to try and make a difference in our community. We would greatly appreciate your support in sharing our "Shooting For A Cure!" mission with the community. 

We’re currently on Facebook, Twitter, Pinterest and Instagram as well as the Team Roswell website. Please don’t hesitate to reach out to us via e-mail, phone or social media if you have any questions for us or would like to get involved.

We thank you for your continued support and hope that in the weeks ahead we can solidify a game date and additional details as they relate to fundraising and prizes that will be raffled off.

-- The Pembroke Girls Basketball Team & Event Coordinator Michael Wilson

Both photos, from left, are the three seniors who will be participating in this year's event: #32 Emily Peters, #10 Serene Calderón and #23 Nicole Von Kramer.

Letter from Roswell Park Alliance Foundation:

Dear Pembroke Jr./Sr. High School Lady Dragons JV & Varsity Basketball:

Congratulations! I am happy to inform you that the Roswell Park Alliance Foundation has approved your request to host a fundraising event to support Roswell Park Comprehensive Cancer Center.

The information we have authorized for your event is:

  • Event: Shooting for a Cure!
  • When: Spring 2021
  • Where: Pembroke Jr./Sr. High School
  • Why: To support cancer research and patient-care programs at Roswell Park

We are grateful and honored that you have chosen the Alliance Foundation to be the recipient of your fundraising efforts. It is donors, like you, that make it possible for Roswell Park to continue our mission to eliminate cancer s grip on humanity by unlocking its secrets through personalized approaches and unleashing the healing power of hope.

Welcome to Team Roswell!

Possible fire reported on Gabbey Road, Pembroke

By Howard B. Owens

A possible chimney fire or furnace problem is reported at 1173 Gabbey Road, Pembroke.

Pembroke fire, Indian Falls fire, and City of Batavia's FAST team is dispatched.

UPDATE 10:41 p.m.: The caller at the residence contacted a commander at City fire and informed the commander that sparks and/or flames could be seen coming out of the top of the chimney. A service provider had advised the caller that the company would check on the chimney tomorrow. The commander advised the caller to evacuate. The Indian Falls chief is asking City fire to continue nonemergency. The residence is being evacuated per the emergency dispatcher.

UPDATE 10:45 p.m.: Chief on scene reports nothing showing.

UPDATE 10:47 p.m.: City fire can go back in service. No fire.

Law and Order: Pair of DWI arrests after accidents in Pembroke and Pavilion

By Billie Owens

Brent Joseph Graham, 32, of Sand Hill Road, Akron, is charged with: driving while intoxicated -- with two previous convictions within 10 years; aggravated DWI -- a BAC of .18 percent or more -- with two previous convictions within 10 years; aggravated unlicensed operation in the first degree; reckless driving; failure to reduce speed under special hazard; operating a vehicle without an ignition interlock device as required; and operation in violation of restrictions. After a personal-injury accident on Main Road in the Town of Pembroke at 10:13 p.m. on Oct. 25, Graham was arrested. He was issued appearance tickets and is due back in Town of Pembroke Court on Jan. 21. The case was handled by Genesee County Sheriff's Deputy Kyle Krzemien, assisted by Sgt. Jason Saile. They were also assisted by the New York State Police, City of Batavia Fire Department Special Operations Water Rescue Team, Mercy EMS, and Pembroke and Indian Falls fire departments.

Alyssa Jade Garrett, 22, of North Street, Geneseo, is charged with: driving while intoxicated; operating a motor vehicle while having a BAC of .08 percent or more; and moving from lane unsafely. Garrett was arrested at 6:35 p.m. on Dec. 20 on Perry Road in the Town of Pavilion following a property-damage accident. She was released on appearance tickets and is due in Pavilion Town Court on Jan. 5. The case was handled by Genesee County Sheriff's Deputy David Moore, assisted by Sgt. Andrew Hale.

Fully involved garage fire is reported on Main Road, Pembroke

By Howard B. Owens

A fully involved garage fire is reported at 590 Main Road, Pembroke.

The detached garage is about 50 feet from the residence and has multiple cars in it. 

The residence has been evacuated of people and pets.

Pembroke fire, Indian Falls fire, and the City's fast team dispatched.

UPDATE 5:38 a.m.: A second alarm requested. Alabama fire, Town of Batavia fire, Corfu fire, Darien fire, requested to the scene. Route 5 is being closed between the county line and just east of the Pembroke Fire Hall. 

UPDATE 5:47 a.m.: Firefighters have two lines on the garage and the fire is knocked down. The house was not involved though some vinyl melted. Alabama is being diverted from the fire to a fill in at Indian Falls Fire Hall.

UPDATE 5:53 a.m.: State Department of Transportation requested to standby. The road will need to be salted after the fire response is completed.

UPDATE 5:54 a.m.: The garage is all metal. "We're going to need to pull it apart to get it out," a chief reports. The house is fine and "all cooled down." Minimal damage to one vinyl window. 

UPDATE 5:58 a.m.: Town Highway is responding in about 45 minutes for the icy road. "Perfect timing," a chief responds.

UPDATE 6 a.m.: Alabama did have a tanker responding to the scene. It can go back in service. Darien fire can go back in service.

UPDATE 6:15 a.m.: Town of Batavia and City Fire Engine 11 can go back in service.

UPDATE 7:22 a.m.: East Pembroke is back in service.

Grand Jury: four people indicted on drug-dealing charges

By Billie Owens

Andrea A. Arteaga is indicted for the crime of criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on May 18 in the Village of Le Roy that Arteaga knowingly and unlawfully possessed a narcotic drug -- methamphetamine/amphetamine -- with intent to sell it. In count two, the defendant is accused of criminally possessing a weapon in the third degree, a Class D felony. It is alleged in count two that on May 18 while on Bacon Street in the Village of Le Roy that he possessed a firearm -- a pistol. In count three, he is accused of driving while ability impaired by drugs, a Class E felony. It is alleged in count three that on May 18, he drove a 2015 Chevrolet on Route 5 in Le Roy while his ability to do so was impaired by drugs. In Special Information filed by District Attorney Lawrence Friedman, Arteaga is accused of having been convicted of driving while intoxicated as a Class A misdemeanor on Oct. 22, 2018 in Town of Batavia Court and that conviction forms the basis for counts two and three of the current indictment.

Randy J. Dumbleton is indicted for the crime of criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on June 17 in the City of Batavia that Dumbleton knowingly and unlawfully possessed a narcotic drug -- cocaine -- with intent to sell it. In count two, he is accused of criminal sale of a controlled substance in the third degree, a Class B felony, for allegedly knowingly and unlawfully possessing a narcotic drug -- cocaine -- with the intent to sell it. In count three, the defendant is accused of driving while ability impaired by the combined influence of drugs or alcohol, as a misdemeanor. It is alleged in count three that on June 17 in the City of Batavia that he drove a 2003 Honda on Main Street, Dellinger Avenue and Washington Avenue, while his ability to do so was impaired by the combined influence of alcohol and/or drugs.

Angela R. Bateman is indicted for the crime of criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on Aug. 12 in the City of Batavia that Bateman knowingly and unlawfully possessed a narcotic drug -- cocaine -- with intent to sell it. In count two, she is indicted for criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on the same day she also possessed the narcotic fentanyl with intent to sell it. In count three, Bateman is accused of criminally using drug paraphernalia in the second degree, a Class A misdemeanor. It is alleged that she knowingly possessed scales and balances designed for weighing or measuring controlled substances -- for the purpose of unlawfully manufacturing, packaging or dispensing any narcotic drug or stimulant. In count four, Bateman is indicted for the crime of promoting prison contraband in the first degree, a Class D felony. It is alleged that on Aug. 24 she knowingly and unlawfully introduced a dangerous contraband -- fentanyl -- into a detention facility -- the Genesee County Jail.

Darius L. Jones is indicted for the crime of criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on June 24 in the City of Batavia that Jones knowingly and unlawfully possessed a narcotic drug -- cocaine -- with intent to sell it. In count two, he is accused of criminal possession of a controlled substance in the third degree, a Class B felony, for allegedly possessing a narcotic drug -- fentanyl -- that day with intent to sell it. In count three, he is accused of criminal possession of a controlled substance in the fifth degree, a Class D felony, for having cocaine weighing 500 mg or more. In count four, he is accused of criminally using drug paraphernalia in the second degree, a Class A misdemeanor. In count four, it is alleged that Jones possessed gelatine capsules, glassine envelopes, vials, capsules or other materials suitable for the packaging of individual quantities of narotic drugs or stimulants, for the purpose of unlawfully manufacturing, packaging or dispensing them. In count five, Jones is indicted for criminal trespass in the third degree, a Class B misdemeanor. It is alleged in count five that Jones unlawfully entered property on North Spruce Street in the city. In count six, Jones is accused of unlawful possession of marijuana in the second degree, a violation, for allegedly possessing marijuana June 24 in the City of Batavia.

Chaniah L. Wellington-Martino is indicted for the crime of third-degree attempted assault, a Class B misdemeanor. It is alleged that on Aug. 7 in the Town of Stafford that she acted with intent to cause physical harm to a Genesee County Sheriff's investigator and did so by trying to bite him on the left arm. In count two, she is indicted for the crime of resisting arrest. It is alleged that on that day in Stafford that she intentionally prevented or attempted to prevent a police officer from arresting her and that she fought with the officer and attempted to bite him. In count three, she is accused of obstructing governmental administration in the second degree, a Class A misdemeanor. It is alleged in count three that the defendant attempted to grab contraband from a person during a lawful arrest, that she tried to prevent her detainment, and she pulled away from the officer while he attempted to remove a personal item that was entangled around her arm. In count four, Wellington-Martino is accused of tampering with physical evidence, a Class E felony. It is alleged in count four that she threw a purse containing marijuana down an embankment. In count five, she is accused of the same crime as in count four for allegedly trying to retrieve drugs from her co-defendant's pocket. In count six, Wellington-Martino is accused of unlawful possession of marijuana in the second-degree, a violation, for allegedly knowingly possessing marijuana that day in Stafford. In count seven, she is accused of a vehicle and traffic law infraction -- pedestrian failure to walk facing traffic, for allegedly failing to walk on the left side of the roadway or its shoulder facing oncoming traffic.

William R. Metz is indicted for the crime of second-degree criminal possession of a weapon, a Class C violent felony. It is alleged that on April 4 in the Town of Oakfield that Metz possessed a loaded firearm -- Canik 9-mm pistol -- with the intent to use it unlawfully against a person. In count two, Metz is accused of reckless endangerment in the second degree, a Class A misdemeanor. It is alleged in count two that he engaged in conduct that created substantial risk of serious physical injury to a person by discharging three rounds from the pistol into the bedroom floor of a residence on Batavia Oakfield Townline Road that day. In count three, Metz is accused of the crime of second-degree menacing, a Class A misdemeanor. It is alleged in count three that the defendant intentionally placed a person in reasonable fear of physical injury, serious physical injury or death by displaying a dangerous instrument -- a pistol.

Jose A. Rivera is indicted for the crime of second-degree burglary, a Class C violent felony. It is alleged that on July 27, Rivera knowingly and unlawfully entered a building on Swan Street in the City of Batavia with the intent to commit a crime. In count two, Rivera is accused of first-degree criminal contempt, a Class E violent felony, for allegedly violating a duly served order of protection by intentionally harassing, annoying, threatening or alarming the protected party and subjecting her to physical contact.

Markel T. Handley is indicted for the crime of tampering with physical evidence, a Class E felony. It is alleged that on June 15 on Alleghany Road in the Town of Pembroke that the defendant attempted to conceal buprenorphine and naloxone underneath the passenger seat of a Genesee County Sheriff's Office patrol car. In count two, Handley is indicted for criminal possession of a controlled substance in the seventh degree, a Class A misdemeanor. It is alleged in count two that Handley knowingly and unlawfully possessed controlled substances -- buprenorphine and naloxone.

Jason L. Pullen is indicted for the crime of aggravated unlicensed operation in the first degree, a Class E felony. It is alleged that on May 24 in the Town of Byron, that Pullen drove a 2003 Honda on Route 237 while he was under the influence of alcohol or a drug and that at the time he has 10 or more suspensions imposed on at least 10 separate dates in effect: Jan. 20, 2009 / July 24, 2009 / Aug. 7, 2009 / Oct. 8, 2009 / Nov. 12, 2009 / Jan. 9, 2010 / May 23, 2012 / Aug. 25, 2013 / Feb. 17, 2017 / Feb. 3, 2019 / March 14, 2019, / and Dec. 20, 2019. In count two, Pullen is indicted for the crime of driving while intoxicated -- as a misdemeanor. It is alleged in count two that on May 24 on Route 237 in Byron, that Pullen drove while intoxicated. In count three, he is accused of DWI, per se, as a misdemeanor, for having a BAC of .08 percent at the time.

Mario A. Reyes is indicted for the crime of driving while intoxicated as a Class D felony. It is alleged that on Sept. 13 in the Town of Stafford that he drove a 2011 Chevrolet on Route 33 while he was intoxicated. In count two, Reyes is accused of DWI, per se, as a Class D felony, for having a BAC of .08 percent at the time. In count three, Reyes is accused of aggravated unlicensed operation in the first degree, a Class E felony, for having a driving that day while his privilege to do so was withdrawn or suspended by authorities. In count four, he is accused of operating a vehicle that was not equipped with an ignition interlock device as he is required to do. In count five, he is accused of unlicensed operation of a motor vehicle for driving without a license that day. In count six, Reyes is accused of moving from his lane of travel unsafely that day in Stafford. In Special Information filed by District Attorney Lawrence Friedman, Reyes is accused of having been convicted of driving while under the influence of alcohol, as a misdemeanor, on July 7 in Orleans County Court, and on March 2, 2017 in County of Hidalgo Court, State of Texas, and those convictions are within 10 years of the crimes alleged in the current indictment.

Andrew T. Pape is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on Sept. 18 in the Town of Bergen that Pape drove a 2004 Chevrolet on Jerico Road, a public highway, while he was in an intoxicated condition. In Special Information filed by District Attorney Lawrence Friedman, Pape is accused of having been convicted of DWI -- as a misdemeanor -- on Jan. 24, 2012 in Town of Ogden Court, Monroe County, and that conviction is within 10 years of the crime alleged in the current indictment.

Jimmy R. Hill is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on July 25 in the Village of Le Roy that Hill drove a 2009 Chevrolet on Lake Street, a public highway, while he was intoxicated. In count two, he is accused of aggravated DWI, per se, as a Class E felony, for having a BAC of .18 percent or more at the time. In Special Information filed by District Attorney Lawrence Friedman, Hills is accused of having been convicted of DWI -- as a misdemeanor -- on June 26, 2014, in City of Syracuse Court, County of Onondaga, and that conviction was within 10 years of the crimes alleged in the current indictment.

Jason A. Klinkbeil is indicted for the crime of third-degree grand larceny, a Class D felony, for allegedly stealing property having a value of more than $3,000 on Nov. 13 in the City of Batavia that belonged to Chapin Manufacturing Inc.

Jason A. Klinkbeil is indicted for the crime of falsifying business records in the first degree, a Class E felony. It is alleged that on Nov. 19, while at the Pawn King on Veterans Memorial Drive in Batavia, that Klinkbeil -- with intent to defraud -- made a false entry in the business records there by signing a document claiming he was the sole owner of the property he sold. In count two, he is indicted for criminal possession of stolen property in the fifth degree, a Class A misdemeanor, for allegedly knowingly possessing stolen property while at Pawn King -- tools.

Shane C. Bunce is indicted for the crime of fourth-degree grand larceny, a Class E felony. It is alleged that on Sept. 8 in the City of Batavia, that Bunce knowingly possessed stolen property that had a value exceeding $1,000 -- a 2007 Honda dirt bike. In count two, he is indicted for criminal possession of stolen property in the fourth degree, a Class E felony, for allegedly knowingly possessing stolen property that had a value exceeding $1,000 -- a 2007 Honda dirt bike. In count three, Bunce is accused of aggravated unlicensed operation in the second degree, an unclassified misdemeanor. It is alleged in count three that on that day in the city he drove a motor vehicle while his privilege to do so was suspended by authorities. In count four, Bunce is accused of trespass, a violation, for allegedly knowingly and unlawfully entering property in the Town of Bergen on Sept. 8.

Law and Order: Three arrests for impaired driving, one for criminal mischief, one for petit larceny

By Billie Owens

Matthew Michael Maniace, 38, of Fargo Road, Bethany, is charged with: driving while ability impaired by drugs, with a prior conviction within the last 10 years; criminal possession of a controlled substance in the seventh degree; obstruction of governmental administration in the second degree; and moving from lane unsafely. He was arrested Dec. 2 on the charges that stem from an accident that occurred at 11:37 p.m. on Sept. 8 on Prole Road Extension, Stafford. After an investigation and toxicology results, it is alleged that Maniace drove a vehicle while his ability to do so was impaired by drugs, resulting in a motor-vehicle accident. It is also alleged that he possessed drugs at the time and attempted to flee from deputies on foot. The case was handled by Genesee County Sheriff's Deputy Nicholas Chamoun, assisted by Deputy David Moore.

Michael Jeffrey Vogt, 40, of Albert Avenue, Buffalo, is charged with: driving while intoxicated; DWI with a BAC of .08 percent or more; no front license place; and failure to keep right. Vogt was arrested at 1:52 a.m. Nov. 26 on Main Road in Pembroke. He was issued traffic tickets and is due in Pembroke Town Court on Dec. 17. The case was handled by Genesee County Sheriff's Deputy Mathew Clor, assisted by Deputy Jordan Alejandro.

Victor H. Montanez, 48, of Lake Street, Le Roy, is charged with four violations: driving while intoxicated; driving with a BAC of .08 percent or more; moving from lane unsafely; and speed exceeding 55 mph. He was arrested at 1:48 a.m. on Nov. 28 on Lake Street Road in Le Roy. The case was handled by Genesee County Sheriff's Deputy David Moore, assisted by Le Roy Police Officer Steven Cappotelli.

Preston Scott Daigler, 22, of South Pearl Street, Oakfield, is charged with third-degree criminal mischief. At 3:49 a.m. on Nov. 26, Daigler was arrested on the charge after allegedly punching out a back window of a vehicle in the driveway on South Pearl Street in Oakfield. He was arraigned virtually in Oakfield Town Court and is due in Genesee County Court on Jan. 11. The case was handled by Genesee County Sheriff's Deputy David Moore, assisted by Deputy Ryan Young.

Matthew Michael Maniace, 38, of Fargo Road, Bethany, is charged with petit larceny. On Dec. 2 Maniace was arrested. It is alleged that on Nov. 4 at 6 p.m. on Fargo Road in Bethany the defendant agreed to repair parts of the victim's truck. While in possession of the truck, he allegedly took the keys and a tow hitch from the truck and never returned the items to the victim. Maniace was arraigned in Bethany Town Court and issued an appearance ticket to return on Dec. 22. The case was handled by Genesee County Sheriff's Deputy Jacob Gauthier, assisted by Deputy Kenneth Quackenbush.

Families can now make interment reservations at the WNY National Cemetery in Pembroke

By Howard B. Owens
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The WNY National Cemetery, which was dedicated in a ceremony Monday (see video), is now accepting reservations for interments for deceased qualified veterans, according to a spokesman for Veterans Affairs.

Les' A. Melnyk, chief of public affairs and outreach for the VA's National Cemetery Administration, said families and funeral directors who wish to schedule interments can do so by calling the National Cemetery Scheduling Office at (800) 535-1117. 

Interment dates and times are determined on a first-come, first-served basis in accordance with the family’s wishes and available time slots at the cemetery, Melnyk said.

Information regarding who is eligible for interment at a national cemetery can be found here.

Video: Dedication Ceremony for the Western New York National Cemetery

By Howard B. Owens
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Randy Reeves, undersecretary for Memorial Affairs, a division of Veterans Affairs, during a dedication for the new WNY National Cemetery in Pembroke, announced that the cemetery will be ready to receive the remains of veterans with honor and dignity on or before Dec. 18.

Besides Reeves, speakers at the dedication included Sen. Charles Schumer, who spreadheaded the effort to bring a national cemetery to Western New York, Lt. Gov. Kathy Hochul, Rep. Chris Jacobs, and Robert Wilkie, secretary for Veterans Affairs.

NOTE ABOUT THE VIDEO: The VA initially denied access to the dedication to six media outlets, including The Batavian. After some phone calls, we were granted access to the ceremony, which had already started. We missed the first five minutes or more and had no time to set up a microphone at the podium. Thank you to our friends at WBEN in Buffalo for sharing reporter Mike Baggerman's recording of the speeches to sync with our video.

Press release from the Office of Sen. Charles Schumer:

Celebrating a victory over a decade in the making, U.S. Senator Charles E. Schumer today dedicated the Western New York National Cemetery in Pembroke. The senator was joined by Department of Veterans Affairs (VA) officials and Western New York veterans who have been instrumental in the push to create a veteran cemetery in Western New York.

Schumer explained that the establishment of the nation’s newest Veterans’ Cemetery in Western New York is a long-sought and well-deserved opportunity to honor the more than 77,000 veterans and family members in this region who will have a proper military burial at a site close to their homes, families, and communities they served and defended. This Veterans’ Cemetery will be the first and only of its kind in the Buffalo-Rochester area and will save thousands of military families from having to travel more than 100 miles in some cases to what was previously the closest Veterans' Cemetery in Bath.

The senator noted that a four-hour round trip was not often feasible for families of veterans who wanted to visit their loved ones, which is why he and local veterans have worked for over a decade to make a more accessible national cemetery a reality for Western New York.

U.S. Senator Charles Schumer said, “Today at long last, veterans across Western New York will have a fitting resting place and eternal place of honor right here in the very community they dedicated their lives to defend and serve. Dedicating this hallowed ground today answers the call of veterans who organized over a decade ago for a local National Cemetery. I was proud to take up their call and work alongside them to now realize this day. Now a grieving family will not be left to travel over 200 miles from their home to bury or visit their loved ones.

"Now the veterans of Western New York who have done so much for us and our nation will have a proper burial, at a National Cemetery close to their home, family and thankful community. The Western New York National Cemetery is a testament to the thousands of veterans across this region, who through their service and sacrifice in defense of our nation, have earned a place in our nation’s newest national shrine. “ 

Schumer has long fought to make the Western New York National Veterans Cemetery a reality. Beginning in the 2000s and culminating in 2009 Schumer, together with various veterans groups, led the charge to bring a much-needed veterans’ cemetery to Western New York arguing that a lack of a national veterans’ cemetery within a 75-mile radius of Buffalo and Rochester meant that it was long past time for the underserved veterans and family members living in Western New York to have a fitting burial option closer to home.

A group of veterans started the process to get a cemetery dedicated for veterans in Western New York in the mid-2000s. The group, organized by Erie County Veteran and Advocate Dr. Patrick Welch gathered over 10,000 signatures that he and other veterans provided to Senator Schumer that called for the establishment of a veterans' cemetery in Western New York. For several years, Schumer worked hard alongside the veteran's community of Western New York to push the U.S. Veterans Affairs Administration to establish a National Veterans Cemetery in WNY.

In 2010, the VA responded and announced it would establish a new veteran’s cemetery in Western New York as there where at least 80,000 veterans that resided at least 75-miles from the National Veterans Cemetery in Bath, which is the closest existing cemetery but still more than 100 miles away from Western New York.

In 2019 Schumer secured an additional $10 million that they VA said it would require to complete the cemetery’s Phase 1 construction. In January of 2018, Schumer called on the VA to complete the final acquisitions of two land parcels of 60-acres and 77-acres, respectively, in Pembroke needed to create the cemetery and one month later announced the VA had done so. In 2016, Schumer announced that following his push $36 million in federal funding for the construction phase of the cemetery in Western New York had been secured and included in the final continuing resolution (CR) package.

Doug Doktor, chairman of the Genesee County Joint Veterans Council, said, “Genesee County’s veteran community is extremely proud to be the host-county for the Western New York National Cemetery. Today we celebrate years of hard work to see this cemetery constructed and thank Senator Schumer who has been with us since the beginning and fought for years to secure the funding to make our Cemetery a reality.  Now local veterans have our fitting final resting place of honor close to home and our families.”   

Jim Neider, OIC of the Joint Veterans Honor Guard of Genesee County and member of the Glenn S. Loomis American Legion Post 332 Batavia, said, “We are deeply grateful to at long last dedicate the new Western New York National Cemetery and to know that local veterans and their family members will have an eternal home of honor right here in Genesee County. And we are thankful for partners like Senator Schumer who heard our call and stood with us at every turn to see that this day would come. As the home of our Nation’s newest National Cemetery we are gratified to host the cemetery and honor the thousands of Western New York veterans for their service and sacrifice to our nation.” 

The Military Officers Association of America Western New York Chapter representative said, “The Western New York Chapter of the Military Officers Association of America is gratified that Western New York veterans and their families will now have a final resting place that is both accessible and appropriate. Senator Schumer has been a steadfast advocate for this project. Now after many tumultuous years, we are able to eternally honor the countless men and women across our region who dedicated their lives in military service to our nation."

Patrick W. Welch, Ph.D., Marine Corps (Ret) and Western New York Veterans Advocate, said, “Today marks an historic and momentous day for Western New York veterans, their families, and our entire community. It was 16 years ago that the late Lou Palma invited me and a small coalition of Western New York veterans to begin calling upon Federal leaders to build a National Cemetery in our community. Our advocacy captured the attention of U.S. Senator Charles E. Schumer who, along with his staff, worked with us for about three years to inform our efforts and strengthen our cause.

"By late 2008, our coalition had grown and we presented Senator Schumer with a petition signed by over 10,000 Western New Yorkers who supported our noble cause.  Since then, Senator Schumer has been the driving force behind the Western New York National Cemetery in the halls of Congress. Together, we worked hand-in-hand to bring Western New York National Cemetery into reality, and today we celebrate its dedication.”

Nicholas Stefanovic, director of the Monroe County Veteran Services Agency, said, “We’re glad join with veterans throughout Western New York to mark the dedication of the new National Cemetery. Now and for many decades to come we will have a fitting hallowed ground, close to our homes and our families, to honor our veterans for their service to our nation. We appreciate Senator Schumer’s long support of the veterans’ community to see this new National Cemetery now established in Western New York.”  

Laura Stradley, executive director of the Veterans Outreach Center in Rochester, said, “The new National Cemetery is vital to serve Western New York’s veterans and their families from Rochester to Buffalo and beyond. We appreciate Senator Schumer’s work through the years to bring this cemetery to fruition and ensure veterans will have the fitting resting place they deserve and earned through their honorable service to our nation.”  

A complete list of Schumer’s actions to secure a national cemetery in Western New York appears below:

  • In December 2019, Schumer secured the additional $10 million that the VA said it would need to complete the cemetery’s full phase 1 buildout;
  • In August 2019, Schumer announced the start of construction would begin so that the cemetery would be ready to accommodate first burials by the end of 2020;
  • In February 2018, Schumer announced that the VA had completed the final acquisitions of two parcels of land (60-acres and 77-acre) in Pembroke needed in order to begin construction of the new Western New York National Veterans Cemetery;
  • In February 2016, Schumer announced that the just-released President’s Budget for Fiscal Year 2017 included $36 million in funding for the construction phase of the newest National Veterans’ Cemetery in Pembroke;
  • In December 2015, Schumer launched his push to secure federal funding for the construction phase of the cemetery;
  • In July 2014, Schumer called on the VA to move forward on plans to acquire the adjoining 60-acre parcel that abuts the current 132-acre site. This would immediately make the cemetery nearly 50-percent larger to allow for decades more of use, increase future capacity, and enable the cemetery entrance to be built off of Indian Falls Road instead of the heavily trafficked State Route 77 to provide better access to the cemetery for veterans’ funeral processions and visitors;
  • In May 2014, Schumer announced that the VA had selected a site for the long-awaited Western New York Veterans’ Cemetery on a 132-acre parcel at 1232 Indian Falls Road in the Town of Pembroke, Genesee County;
  • In May 2014, Schumer announced that the results of the archeological cultural-resource study determined a finding of “no significant impacts,” thus allowing the VA to move forward on the purchase of the preferred site on Indiana Falls Road later that month;
  • In Sept 2013, Schumer wrote to the New York State Office of Parks, Recreation and Historic Preservation (SHPO) to urge the agency to complete an archeological cultural-resource study required in order for the VA to complete the required approvals needed to close on the purchase of the preferred Indian Falls Road site in Pembroke;
  • In April 2013, Schumer organized a meeting at Daemen College with local veterans and VA officials to update Veterans on the VA’s timeline and in order for veterans to provide input to the VA;
  • In March 2012, after the VA failed to find suitable land to purchase following two separate solicitation attempts, Schumer wrote to then-VA Secretary Shinseki to urge that the VA put forth a clear timeline and path forward to avoid another protracted process that could come up empty. In response, the VA dispatched personnel to Western New York to conduct site visits at several sites in WNY, issued a final solicitation for sites, and developed several candidate sites for evaluation, of which one was the 132-acre site in Pembroke that the VA subsequently acquired;

Beginning in the 2000s and culminating in 2009 Schumer, together with various veterans groups, led the charge to bring a much-needed veterans’ cemetery to Western New York arguing that a lack of a national veterans’ cemetery within a 75-mile radius of Buffalo and Rochester meant that it was long past time for the underserved veterans and family members living in Western New York to have a fitting burial option closer to home. 

A group of veterans started the process to get a cemetery dedicated for veterans in Western New York in the mid-2000s. The group, organized by Erie County Veteran and Advocate Dr. Patrick Welch gathered more than 10,000 signatures that he and other veterans collected to Senator Schumer that called for the establishment of a veteran’s cemetery in Western New York.

For several years, Schumer worked hard alongside the veterans' community of Western New York to push the U.S. Veterans Affairs Administration to establish a National Veterans Cemetery in WNY. In 2010, the VA responded and announced it would establish a new veteran’s cemetery in Western New York as there where at least 80,000 veterans that resided at least 75-miles from the National Veterans Cemetery in Bath, which is the closest existing cemetery but still more than 100 miles away from Western New York.   

The total 269-acre site on Indian Falls Road in Pembroke is located approximately 30 miles from Buffalo and 48 miles from Rochester. The cemetery will provide a fitting burial option to approximately 77,100 currently underserved veterans and family members living in Western New York. Veterans with a qualifying discharge, their spouses, and eligible dependent children may be buried in a VA national cemetery.

Also eligible are military personnel who die on active duty, their spouses and eligible dependents. Burial benefits available for all eligible veterans, regardless of whether they are buried in a national cemetery or a private cemetery, include a burial flag, a Presidential Memorial Certificate, and a government headstone or marker.

Law and Order: Watson Street man accused of selling crack cocaine

By Billie Owens

Alonzo C. Williams, 44, of Watson Street, Batavia, is charged with: criminal sale of a controlled substance in the third degree, a Class B felony; and criminal possession of a controlled substance in the third degree, also a Class B felony. He was arrested after an investigation by the Genesee County Local Drug Enforcement Task Force, which is comprised of officers from the Sheriff's Office, Batavia Police Department and Le Roy Village Police Department. It is alleged that Williams sold a quantity of crack cocaine to an agent of the drug task force. Williams, who had an active arrest warrant, was located driving on North Street in the City of Batavia and he was taken into custody. Williams was arraigned in Genesee County Court, then released on his own recognizance. The drug task force was assisted by uniformed deputies, Batavia police and the District Attorney's Office.

Michael Eugene Weichman, 25, Pratt Road, Batavia, is charged with fourth-degree criminal mischief, third-degree assault, and criminal obstruction of breathing. On Nov. 22, the Genesee County Sheriff's Office received a report of a domestic incident that occurred at 5 p.m. on Nov. 19 on Pratt Road. Weichman was identified as the suspect, then arrested and arraigned virtually at Genesee County Jail. A NYS parole detainer was put in place for Weichman and he remains in jail. The case was handled by Deputy Ryan DeLong, assisted by Deputy Howard Wilson. Sgt. Andrew Hale also assisted in the case.

Shawn Phillip Wolcott, 38, of South Main Street Road, Batavia, is charged with second-degree criminal contempt and obstruction of governmental administration in the second degree. Following a complaint of a violation of a court order, Wolcott was arrested at 4:49 p.m. on Nov. 22 on South Main Street Road. During his arrest he allegedly obstructed deputies by barricading himself in his home. Wolcott was released with an appearance ticket and is due in Town of Batavia Court on Dec. 10. The case was handled by Genesee County Sheriff's Deputy Kyle Krzemien, assisted by Deputy Jacob Gauthier.

Richard David Trykowski III, 39, Tinkham Road, Darien, is charged with: aggravated unlicensed operation in the first degree; aggravated driving while intoxicated -- BAC of .18 percent or more; DWI -- first offense; moving from lane unsafely; unreasonable speed; and consumption of alcohol in a motor vehicle. Trykowski was arrested after an investigation of a one-car accident that occurred at 10:07 p.m. on Nov. 22 on South Lake Road in Pembroke. He was issued appearance tickets and is due in Pembroke Town Court on Jan. 7. The case was handled by Genesee County Sheriff's Deputy Kyle Krzemien, assisted by Deputy Jacob Gauthier.

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