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Stafford

Car stops west of Le Roy after high-speed trip down Route 5

By Howard B. Owens

Deputies have a car stopped, with the assistance of Le Roy PD, that was reportedly driving eastbound on Route 5 from Batavia and through Stafford at a high rate of speed and nearly caused multiple head-on collisions.

Patrols were about to deploy spike strips when a Le Roy officer reported the car was stopped west of the Village.

Multiple patrols were responding with lights and sirens.

There's no report, at least that we've heard, of damage or injuries.

Law and Order: Horseshoe Lake Road man accused of strangulation

By Billie Owens

Jesus Francisco Macarlo Ixcolin, 26, of Horseshoe Lake Road, Stafford, is charged with second-degree strangulation. He was arraigned then jailed without bail on Dec. 6 for alleged actions at 6:15 a.m. on Sept. 17 on Horseshoe Lake Road. He is due in Stafford Town Court on Dec. 11. The case was handled by Genesee County Sheriff's Deputy James Diehl, assisted by Deputy James Stack.

Maleak Hakeem Green, 25, of West Main Street Road, Batavia, is charged with aggravated criminal contempt, a Class D felony, and aggravated family offense, a Class E felony. He was arrested on Dec. 6 for an incident which took place at 3:45 p.m. on Nov. 26 on Main Street Road, Batavia. He has been convicted of first-degree criminal contempt in the preceding five years. It is alleged that Green was in the presence of a female who is the protected party in a Genesee County Court Order of Protection that was served on Green. The case was handled by Genesee County Sheriff's Deputy Joseph Loftus.

Benjamin G. Evans IV, 30, of Evans Street, Batavia, is charged with petit larceny and third-degree burglary. On Dec. 7 following an investigation, Evans was arrested for an incident which occurred at 8:45 p.m. on Dec. 4 at Kohl's Department Store on Veterans Memorial Drive. He was arraigned and jailed in lieu of $10,000 bail and is due in Batavia Town Court on Dec. 17. The case was handled by Genesee County Sheriff's Deputy Jenna Ferrando, assisted by Deputy Austin Heberlein.

Judd Allen Farewell Jr., 27, of West Avenue, Medina, is charged with petit larceny. He was arrested on Dec. 6 for allegedly taking property from Kohl's Department Store at 3:07 p.m. that day. He was issued an appearance ticket and is due in Batavia Town Court on Dec. 13. The case was handled by Genesee County Sheriff's Deputy Joshua Brabon, assisted by Sgt. Andrew Hale.

Aaron Michael Draper, 28, of West Academy Street, Albion, is charged with petit larceny. He was arrested following a larceny complaint at Kohl's Department Store. It is alleged that on Dec. 6 at 3:07 p.m. that Draper stole merchandise and walked past the point of sale at Kohl's. He was released on an appearance ticket and is due in Batavia Town Court on Dec. 13. The case was handled by Genesee County Sheriff's Deputy Joshua Brabon, assisted by Sgt. Andrew Hale.

Grand Jury: Man accused of stealing and defacing 13 firearms from The Firing Pin in Bergen

By Billie Owens

Morgan R. Coles is indicted for the crime of third-degree burglary, a Class D felony. It is alleged that on Sept. 26 in the Town of Bergen that Coles knowingly entered or remained unlawfully in The Firing Pin with the intent to commit a crime. In count two, he is accused of criminal possession of a weapon in the first degree, a Class B felony. It is alleged that on Oct. 3 in the City of Batavia that Coles possessed 10 or more firearms. In counts three through 15, Coles is accused of criminal possession of a weapon in the third degree, Class D felonies, for allegedly possessing firearms which had been defaced for the purpose of concealment or prevention of detection of a crime or misrepresenting the identity of the fireaarm. Respectively, these are: a KelTec model PF-9 9mm pistol; a Glock model 19 9 mm pistol; a Glock model 45 9 mm pistol; a Glock model 27 .40 S&W pistol; a Glock model 19c 9mm pistol; a Glock G17 9mm pistol; a Glock model G43 9mm pistol; a second Glock model 27 .40 S&W pistol; a Glock model G21 .45 ACP pistol; a Glock 30S .45 ACP pistol; a Glock model 17 9mm pistol; a Glock model 22 gen 2 .40 S&W pistol; and a Glock model 24 9 mm pistol. In count 16, Coles is indicted for third-degree criminal possession of stolent property, a Class D felony, for allegedly knowingly possessing 13 stolen firearms and the value of the property exceeded $3,000.

Thomas E. Brenkus is indicted for the crime of first-degree sexual abuse, a Class D violent felony. It is alleged that on June 27 in the City of Batavia that he subjected another person to sexual contact by forcible compulsion. In count two, Brenkus is accused of forcible touching, a Class A misdemeanor. It is alleged in count two that on the same day in the city that he intentionally or for no legitimate purpose forcibly touched the sexual or intimate parts of another person for the purpose of degrading or abusing the person for the purpose of gratifying the defendant's sexual desire.

Edwin L. Stancliff is indicted for the crime of criminal possession of a weapon in the third degree, a Class D felony. It is alleged that on June 12 in the Town of Pembroke that Stancliff possessed a dangerous instrument -- a crowbar -- with intent to use it unlawfully against another person. In count two, Stancliff is accused of criminal possession of a weapon in the third degree, a Class D felony. It is alleged in count two, that Stancliff possessed a dangerous instrument -- a crowbar -- with intent to use it unlawfully against a second person. In count three, Stancliff is accused on second-degree menacing, a Class A misdemeanor. It is alleged in counts three and four, respectively, that on June 12 in the Town of Pembroke he intentionally placed or attempted to place two victims in reasonable fear of physical injury or death by displaying the crowbar. In counts five and six, respectively, Stancliff is accused of second-degree harassment for allegedly acting on that day with intent to harass, annoy or alarm the two victims with threat of physical contact. In count seven, the defendant is accused of tampering with a witness in the fourth degree, a Class A misdemeanor. It is alleged in count seven that, knowing a person is about to be called as a witness in a legal action or proceeding, the worngfully induces or attempts to induce, the person to avoid appearing or testifying. It is alleged that on Nov. 6, Stancliff sent a text message to a witness stating that the witness should not show up for the Grand Jury indictment and that if the person did, the person is "riding for the State" and that if the person was family they would not show up. In Special Information filed by the District Attorney, Stancliff is accused of having been convicted of third-degree menacing, a Class B misdemeanor, on Feb. 14, 2017 in Town of Pembroke Court and that conviction forms the basis for counts one and two of the current indictment.

Travis E. Kent, Jason N. Mann and David C. Edwards are indicted for the crime of attempted grand larceny in the third degree, a Class E felony. It is alleged that on July 3 on Broadway Road in the Town of Darien that these defendants attempted to steal property with a combined value in excess of $3,000 -- a Yamaha Wolverine four-wheeler and a Mongoose four-wheeler. In count two, they are accused of criminal possession of stolen property in the third degree, a Class D  felony. It is alleged in count two that the defendants knowingly possessed stolen property valued in excess of $3,000 -- a 2011 Chevrolet Impala. In count three, Kent, Mann and Edwardsare indicted for second-degree criminal mischief, a Class D felony. It is alleged in count three that the defendants intentionally damaged property belonging to another person and the damage exceeded $1,500 -- the 2011 Impala was damaged. In count four, they are accused of unauthorized use of a vehicle in the third degree, a Class A misdemeanor, for allegedly driving the Impala without the owner's consent.

Lisa D. Ayres is indicted for the crime of driving while intoxicated, a Class D felony. It is alleged that on July 21 in the Town of Darien that she drove a 2007 Chevrolet on Route 77 and on McGregor Road while intoxicated. In count two, she is accused of DWI, per se, a Class D felony, for allegedly having a BAC of .08 percent or more at the time. In count three, Ayres is accused of aggravated unlicensed operation in the first degree, a Class E felony, for driving without a valid license -- which had been suspended or revoked -- and for being under the influence of alcohol or a drug at the time. In count four, the defendant is accused of the crime of circumvention of an ignition interlock device. It is alleged in count four that Ayres drove the 2007 Chevrolet which was not equipped with an ignition interlock device, which was required to have. In count five, Ayres is accused of the offense of refusal to submit to a breath test, a violation. It is alleged in count four that Ayres refused the request made by Genesee County Sheriff's Deputy Eric Meyer to submit to a breath test on July 21. In count six, Ayres is accused of the offense of failure to yield the right of way on a left turn. It is alleged in count six, that her failure to yield constituted an immediate hazard. In count seven, Ayres is accused of making an unsafe turn, a violation. In count eight, Ayres is accused of the offense of unsafe passing on the left. In Special Information filed by the District Attorney, Ayres is accused of having been convicted of DWI as a Class E felony on April 24, 2012, in County of Wayne Court. Also, she is accused of having been convicted of DWI, per se, as a misdemeanor on Nov. 18, 2009, in Town of Sodus Court. These convictions form the basis of the crimes alleged in the current indictment and the allegation that she knew her driver's license had been suspended or revoke by authorities due to the convictions.

Danielle R. Dixon is indicted for the crime of aggravated DWI, per se, as a Class E felony. It is alleged that on Aug. 27 on Main Street in the City of Batavia that Dixon rode a Yamaha motorcycle while having a BAC of .18 percent or more. In count two, she is accused of DWI as a Class E felony, in the same incident. In count three, Dixon is accused of operating a vehicle out of class, a violation. It is alleged in count three that the defendant rode the Yamaha without being the holder of a class of license which was valid for the operation of the motorcycle. In count four, she is accused of the offense of speeding at the time.

Joseph F. Chiodo is indicted for the crime of aggravated DWI, as a Class E felony. It is alleged that on June 20 in the Town of Pembroke that Chiodo drove a 2004 Chevrolet on Route 33 while intoxicated and while a child age 15 or less was a passenger. In count two, he is accused of driving while ability impaired by the combined influence of drugs or of alcohol and any drug or drugs, as a misdemeanor. It is alleged that when he drove on June 20 on Route 33 his ability to drive was impaired by the combined influence of drugs or of alcohol and any drug or drugs. In count three, he is accused of endangering the welfare of a child, a Class A misdemeanor, for allegedly knowingly acting at that time in a manner likely to be injurious to the physical, mental or moral welfare of a child less than 17 years old.

Stacy L. Parks is indicted for the crime of aggravated driving while intoxicated, as a Class E felony. It is alleged that on June 27 in the Town of Darien that Parks drove a 2011 Ford on Route 20 while intoxicated and while a child age 15 or less was a passenger. In count two, Parks is accused of DWI, as a misdemeanor, for the same incident. In count three, the defendant is accused of DWI, per se, as a misdemeanor, for allegedly having a BAC of .08 percent or more at the time. In count four, Parks is accused of endangering the welfare of a child, a Class A misdemeanor, for allegedly knowingly acting in a manner that day which was likely to be injurious to the physical, mental or moral welfare of a child less than 17 years old.

Deborah S. Rodriguez is indicted for the crime of aggravated unlicensed operation in the first degree, a Class E felony. It is alleged that on Aug. 1 in the Town of Oakfield that Rodriguez drove a 2005 Nissan on Farnsworth Avenue while her driver's license was suspended and that she did so while impaired by the combined influence of drugs or of alcohol and any drug or drugs. In count two, she is accused of driving while ability impaired by a drug, as a misdemeanor, for driving on Aug. 1 while her ability to do so was impaired by the use of a drug. In count three, the defendant is accused of driving while ability impaired by the combined influence of drugs or of alcohol and any drug or drugs. It is alleged in count three that Rodriguez drove on Farnsworth Avenue that day while her ability to do so was impaired by the combined influence of drugs or of alcohol and drug or drugs. In Special Information filed by the District Attorney, Rodriguez is accused of having been convicted of DWI, per se, on July 5 in City of Batavia Court and her license was suspended. That suspension was still in effect on Aug. 1 pending prosecution of the crimes alleged in the current indictment.

Jay M. Blatchley is indicted for the crime of driving while ability impaired by the combined influence of drugs or alcohol and any drug or drugs, a Class E felony. It is alleged that on July 28 in the Town of Stafford that Blatchley drove a 2016 Toyota on Route 5 while his ability to do so was impaired by the combined influence of drugs. In Special Information filed by the District Attorney, Blatchley is accused of having been convicted of driving while ability impaired by drugs on Nov. 10, 2009, in the Town of Pembroke and that conviction was within 10 years of the crime alleged in the current indictment.

Michael J. Reeves is indicted for the crime of driving while intoxicated, as a misdemeanor. It is alleged that on Aug. 4 in the Town of Pembroke that he drove a 2009 Lincoln on Route 77 while intoxicated. in count two, he is indicted for DWI, per se, as a misdemeanor, for allegedly having a BAC of .08 percent or more at the time. In count three, Reeves is accused of first-degree aggravated unlicensed operation, a Class E felony, for having no valid driver's license, because it was suspended or revoked, at the time and while under the influence of alcohol or a drug. In Special Information filed by the District Attorney, the defendant is accused of having been convicted of driving while ability impaired by the consumption of alcohol, an infraction, on Jan. 15, 2008, of Town of Sullivan Court. That conviction forms the basis of the driver's license revocation referred to in count three of the current indictment.

Andrew M. Cerrillo is indicted for the crime of drivng while intoxicated, as a Class E felony. It is alleged that on Aug. 14 in the Town of Stafford that Cerrillo drove a 2003 Toyota on Route 5 while intoxicated. In Special Information filed by the District Attorney, Cerrillo is accused of having been convicted of DWI, as a misdemeanor, on April 17, 2014, in the Town of Grand Island Court, and that conviction was within 10 years of the crime alleged in the current indictment.

Law and Order: Bank Street landlord accused of tossing out tenant's clothes and furniture, causing 'substantial inconvenience'

By Billie Owens

Douglas Goodwin Sr., 67, of Bank Street, Batavia, is charged with third-degree criminal tampering. Goodwin was located at his residence and arrested for allegedly throwing clothing and furniture that belonged to his Bank Street tenant outside at 11:20 a.m. on Oct. 28. This is said to have created a substantial inconvenience for his tenant to clean up and repair his property. Goodwin is due in Batavia City Court this afternoon (Dec. 4). The case was handled by Batavia Police Officer Marc Lawrence.

A 17-year-old male who lives on Walnut Street in Batavia is charged with: endangering the welfare of a child; second-degree harassment; two counts of fourth-degree criminal mischief; and first-degree coercion. The teen was arrested following an investigation into a domestic dispute that occurred at 8 p.m. on Nov. 30 on Lewis Place in Batavia. He was arraigned in Batavia City Court and jailed without bail and was due back in City Court on Dec. 3. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Peter Flanagan.

Kevin J. Fickel, 37, of State Street, Batavia, is charged with petit larceny following an incident at JCPenney at 3:14 p.m. on Nov. 20. It is alleged that Fickel took two sets of cookware and exited the store without paying for the items. He is due in Batavia City Court this afternoon (Dec. 4). The case was handled by Batavia Police Officer Chad Richards.

Dalton C. Kelley, 21, of Chase Park, Batavia, is charged with second-degree harassment. Kelley was arrested at 3 p.m on Nov. 27 following an investigation into a report that he grabbed another individual and scratched them. He was released on an appearance ticket and is due in Batavia City Court on Dec. 11. The case was handled by Batavia Police Officer Jason Ivison, assisted by Officer Christopher Camp.

Leonard T. Masters, 49, of Split Rail Road, Painted Post, is charged with: DWI; aggravated DWI; failure to keep right; improper left turn; and failure to obey traffic control device. Masters was arrested at 12:52 a.m. on Nov. 23 on Ellicott Street in Batavia following a traffic stop. He was released on appearance tickets and is due in Batavia City Court on Dec. 12. The case was handled by Batavia Police Officer Felicia DeGroot, assisted by Officer Matthew Lutey.

Andrew D. Vicary, 27, of East Main Road, Stafford, is charged with DWI, unsafe backing, and following too closely. He was arrested at 4:04 p.m. on Nov. 1 following an investigation into a three-car accident that occurred at the intersection of East Main Street and Swan Street in Batavia. He was arraigned and released on his own recognizance. He was due in Batavia City Court on Nov. 2. The case was handled by Batavia Police Officer Kyle Krtanik, assisted by Officer Catherine Mucha.

Alyssa M. Harnish, 30, of Ellsworth Avenue, Batavia, is charged with petit larceny. She was arrested at 12:30 p.m. on Nov. 28 following a shoplifting complaint at Tops Friendly Market in Batavia. She was released on an appearance ticket and is due in Batavia City Court this afternoon (Dec. 4). The case was handled by Batavia Police Officer Jason Ivison.

Jessica L. Holtz, 35, of Williams Street, Batavia, was arrested on Nov. 28 on a bench warrant for alleged failure to appear in Batavia City Court. She was arraigned and put in jail and is due in back in court at a later date. The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Felicia DeGroot.

Aretha Jackson, 41, of Main Street, Oakfield, was arrested on Nov. 20 on an active bench warrant issued out of Batavia City Court. It is alleged that Jackson failed to appear for a court date scheduled on Sept. 5. She was arraigned in City Court and jailed in lieu of $250 cash or bond. She was due back in court on Nov. 21. The case was handled by Batavia Police Officer Chad Richards, assisted by Officer Jamie Givens.

Jessica L. Connolly, 40, of Bank Street, Batavia, was arrested on Nov. 28 on a bench warrant after allegedly failing to appear in Batavia City Cpourt for a traffic misdemeanor and other traffic violations. She was released on her own recognizance and was due back in court on Nov. 28. The case was handled by Batavia Police Officer Jamie Givens, assisted by Officer Marc Lawrence.

Brandon D. Brewer, 29, of Maple Avenue, Medina, is charged with unlawful possession of marijuana. Brewer was arrested at 2:54 a.m. on Nov. 18 on East Main Street in Batavia while patrols were investigating an accident. He is due in Batavia City Court on Dec. 5 to answer the charge. The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Nicole McGinnis.

Pavilion man accused of dealing fentanyl, allegedly in possession of heroin at time of arrest

By Howard B. Owens
      Jack Benson

A 60-year-old Pavilion man has been arrested and accused of illegally selling fentanyl in Genesee County.

Jack E. Benson, of St. Mary's Street, Pavilion, is charged with three counts of criminal sale of a controlled substance, 3rd, and criminal possession of a controlled substance, 3rd.

Benson was taken into custody on an arrest warrant stemming from a sealed grand jury indictment following a traffic stop this afternoon in Stafford.

He is accused of selling fentanyl to an agent of the Local Drug Task Force on three different occasions. 

At the time of the stop, he was allegedly in possession of 24 doses of heroin and $1,300 in cash. 

Jolynn M. Gorski, 38, of Batavia, was reportedly a passenger in Benson's vehicle at the time of the stop. She was allegedly found in possession of drug paraphernalia and charged with criminal use of drug paraphernalia.

Benson was arraigned in County Court by Judge Charles Zambito and ordered held in the Genesee County Jail without bail. 

Additional charges are pending.

The arrest was the result of an investigation by the Local Drug Task Force. The task force was assisted by Batavia PD and the District Attorney's Office.

Person pinned in vehicle after accident on Clinton Street Road, Stafford

By Howard B. Owens

A one-car accident is reported in the area of 5544 Clinton Street Road, just east of the CSX overpass, in Stafford, with a possible back injury.

The car was in a ditch and the driver was unable to open the doors but a chief who just arrived on scene said the patient has been extricated.

Stafford Fire dispatched along with Mercy EMS.

National Grid requested to the scene for a damaged utility pole 

UPDATE 8:39 a.m.: Stafford back in service.

The DiSalvos' Christmas lights are back this year after 2017 hiatus

By Billie Owens

File photo of Jim and Connie DiSalvos' property on Fargo Road, Stafford.

In a little more than 48 hours from now, the familiar and fantastic display of Christmas lights at the DiSalvos' property at 9180 Fargo Road in Stafford will blaze on after a year's hiatus.

In 2017, Jim and Connie took a break from the more than 20-year-old family tradition to take their grandkids to Disney World on a well-deserved holiday vacation.

And they vowed then they'd be back in 2018 bigger and better than ever. But thinking about it in the interim, they decided to change things up a bit, and concentrate more characters front and center at Swallowvale.

For the past few weeks, a team of helpers has removed the larger lighted characters altogether from the distant sides of their half mile of frontage road. These will be condensed -- three times the characters in half the space -- closer to the grand main house, built in 1842 with fieldstones and expanded in the 1950s.

"It's easier for us to maintain," Connie said. "We can just walk out front and not have to traipse up and down" on their 140+ acres.

Gone will be the 80-foot-long bleachers in a flat area that served as anchors for the scenic Alps and Village display and also all of the high-maintenance inflatables, which must be regularly "shaken" to keep snow from piling up on them.

Connie said they have given away the larger wooden structures, like the Alps and Village, which were labor-intensive, and found new home for them with neighbors. These also include the fireplace display and the gingerbread boy and girl. One of the display's new homes is on Shepard Road in Stafford.

The traditional of having Santa visit on Kids' Night (which was the second Tuesday night in December) has been passed, the DiSalvos said, to The Original Red Osier Landmark Restaurant, also in Stafford. The restaurant boasts its own stellar two-million-and-counting lights display during the holidays and a number of community give-back initiatives. Santa Claus will visit the Red Osier from 5 to 8 p.m. on two consecutive Mondays, Dec. 3 and 10. (Hot cocoa, Christmas cookies, roast beef sandwiches and more will be available to purchase from the outdoors food cart, and there will be horse and carriage rides.)

As ever at the DiSalvos, there will be the mind-boggling array of lights, with Christmas music piping out of speakers until 9 p.m. each evening, starting at 5-ish on Thanksgiving afternoon through sometime Jan. 2 of the new year.

Then everything is disassembled and the lights tested and boxed and put away for next year.

When it all starts over again, a team of five people will work 40 hours a week from mid-September until the big switch on Thanksgiving Day to make the magic happen.

"It's such a joy -- seeing people enjoy the displays, busloads of scouts, the elderly, children from the School for the Blind, the disabled," Connie said. "We've had many proposals take place here, and a couple of weddings."

One memorable proposal came when a serviceman dropped to bended knee by the wooden arch near the snowy driveway, and simultaneously plugged in an extension cord, which lit a sign that said "Abby will you marry me?" The bride said yes.

Another serviceman and his fiancee, who both visited Swallowvale as children at Christmastime, returned one year and asked permission to get married there.

A wedding was to take place by the stonewall in front when the weather became too inclement and the bride's dress was in danger of becoming muddy, so the DiSalvos invited the nuptial party inside. A roaring fire in the living room took off the chill and bottles of wine were brought up from the wine cellar so all could toast the bride and groom.

The sheer electrical spectacle that has made the DiSalvos' a regional must-see requires 30 boxes of extension cords -- about 500 them -- to plug everything together. Power is provided from five metered areas -- electrical services (each akin to the usage of one household) with about two miles of underground cables; with the efficiency of LED lights, two to three metered services will be used for less money.

Can't be cheap to operate. But as per usual, Jim DiSalvo won't say how much it costs, just looks at you directly and says something about a couple of mice running on a wheel to generate the juice.

Local businessmen are giving back to the community during 'Lovember'

By Billie Owens

Press release:

For the third year in a row, Steven Foster and Timothy Adams, owners of The Red Osier Landmark Restaurant and Adams’ Welding and Fabrication, both located in Stafford, use their businesses as tools to give back to their community in a monthlong event they have named “Lovember.”

All this month, the restaurant has been offering promotions while giving back to the local community. These include “Christmas in November,” “Winter Wonderland of Lights,” “Spirits and Skivvies,” “Thanksgiving Give Back” and “Food for Le Roy Food Pantry.”

Christmas in November

This is a promotion where if you purchase a $50 gift certificate, you receive a complementary $20 gift voucher for January, February and March. Some restrictions do apply. The restaurant has run this promotion for well over 20 years.  

Winter Wonderland of Lights

The “Original” Red Osier Landmark Restaurant is rapidly becoming the largest holiday light display in Genesee County. With well over 2 million lights on display, its official yearly unveiling will be on Friday, Nov.23rd. Passionate about sharing the joys of the holidays with others, the owners encourage families, friends, and community members to come out and stroll through their property. On Monday Dec. 3rd and Monday Dec. 10th, Santa will be stopping from 5 to 8 p.m. This is free event allows families to take their own pictures with Santa, while having horse and carriage rides while taking in the holiday surroundings. The Red Osier Landmark Restaurant’s Lunch Trailer will be on hand for the purchasing of roast beef sandwiches, chili, salt potatoes, hot cocoa, and homemade Christmas cookies. Save the dates!

Thanksgiving Give Back

The Restaurant will once again be open on Thanksgiving starting at noon. A portion of the sales proceeds will be donated to Genesee Cancer Assistance, and the founding of two scholarships in the name of the restaurant and its brother company Adams’ Welding and Fabrication. These scholarships will be given to two high school students attending Genesee Valley BOCES in the Metal Trades Program and Culinary Arts Program. Each student must have a good standing GPA, have a part time job, and have a record of local community involvement. It is our hopes that these scholarships will be the largest offered in these trade programs history and allow these two students to pursue higher education within these fields.

Grand Jury: Man indicted for September carjacking at Batavia Kwik-Fill

By Billie Owens

Constantine D. Murrell is indicted for the crime of second-degree robbery, a Class C violent felony. It is alleged that on Sept. 25 at the Kwik-Fill gas station/convenience store at the intersection of Ellicott and Jackson streets in the City of Batavia that Murrell forcibly stole a 2008 automobile. In count two, he is accused of second-degree assault, a Class D violent felony. It is alleged in count two that during the commission or attempted commission of the aforementioned felony that he cause physical injury to a person. in count three, he is accused of reckless driving, a misdemeanor, for driving the 2008 vehicle in a manner that interfered with the free and proper use of the roadways and/or unreasonably endangered users of those roadways. In count four, Murrell is accused of unlawful lfeeing a police officer in a motor vehicle in the third degree, a Class A misdemeanor. It is alleged in count four that he attempted to flee an officer, knowing that he had been directed to stop, and that his speeds equaled or exceeded 25 miles per hour above the speed limit or he engaged in reckless driving.

Dylan J. Perry is indicted for the crime of third-degree burglary, a Class D felony. It is alleged that between Dec. 1 and Dec. 2 he knowingly entered and remained unlawfully in a building located on Broadway Road in the Town of Darien with intent to commit a crime. In count two, Perry is accused of petit larceny, a Class A misdemeanor. It is alleged in count two that Perry stole $300 in U.S. currency and a pair of work boots while inside the property on Broadway Road.

Antonio J. Goodson is indicted for the crime of criminal contempt in the first degree, a Class E felony. It is alleged that on Aug. 22 in the City of Batavia that he violated a duly served order of protection by being in the presence of the protected party. In Special Information filed by the District Attorney, Goodson is accused of having been convicted of criminal contempt in the second degree, a Class A misdemeanor, on Jan. 19 in City of Rochester Court. That conviction was for a violation of a stay away family offense order of protection and was within five years of the crime alleged in the current indictment.

Thomas J. Claffey is indicted for the crime of driving while ability impaired by drugs, as a Class E felony. It is alleged that on June 18 in the Town of Stafford that he drove a 2016 Chevrolet on Route 33 while his ability to do so was impaired by use of a drug. In Special Information filed by the District Attorney's Office, Claffey is accused of having been convicted for DWI, as a misdemeanor, on July 28, 2008, in Town of Irondequoit, and that conviction was within 10 years of the crime alleged in the current indictment.

Grand Jury: Four cases of driving while intoxicated or under influence of drugs

By Billie Owens

Paul M. Gelardo is indicted for the crime of driving while ability impaired by drugs, a Class E felony. It is alleged that on July 13 in the Town of Oakfield that Gelardo drove a 2002 Chevrolet on South Pearl Street while his ability to do so was impaired by drugs. In count two, he is accused of aggravated unilicensed operation of the motor vehicle in the first degree, another Class E felony. It is alleged in count two that Gelardo knew, or had reason to know, that his driver's license was suspended, revoked or otherwise withdrawn by authorities at the time he drove on South Pearl Street, and he did so while under the influence of alcohol or a drug. In count three, he is accused of the same crime as in count two, plus it alleges he had in effect three or more suspensions imposed on at least three separate dates for failure to answer, appear or pay a fine. In Special Information filed by the Genesee County District Attorney, Gelardo is accused of having been convicted of driving while impaired by drugs, as a misdemeanor, on March 14, 2016 in Town of Brighton Court. That conviction was within 10 years of the commission of crimes alleged in the current indictment, and he knew, or should have known, about that conviction and that his driver's license was still suspended.

Shawn J. Scheg is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on July 25 in the Town of Stafford that Scheg drove a 2007 Acura on Route 33 while intoxicated. In count two, he is accused of aggravated unlicensed operation in the first degree, also a Class E felony, for driving that day while his license was suspended, revoked or otherwise withdrawn by authorities. In count three, he is accused of circumventing an ignition interlock device, a Class A misdemeanor, which he was court ordered to have on his vehicle and which the Acura did not have. In Special Information filed by the Genesee County District Attorney, Scheg is accused of having been convicted of DWI, as a misdemeanor, on Oct. 9, 2012 in Genesee County Court, and that conviction forms for basis for the suspension or revocation referred to in count two of the current indictment.

Carl W. Altman is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on June 26 Altman drove a 1998 Ford in the Darien Lake Concert Amphitheater parking lot in the Town of Darien while he was intoxicated. In Special Information filed by the Genesee County District Attorney, Altman is accused of having been convicted of DWI as a misdemeanor on Aug. 24, 2015 in Town of Gates Court and that conviction was within 10 years of the crime alleged in the current indictment.

David J. Henry is indicted for the crime of driving while intoxicated, per se, as a misdemeanor. It is alleged that on March 3 in the Town of Stafford that Henry drove on 2017 Volkswagon on Route 90 while having a BAC or .08 or more. In count two, he is accused of DWI, a msidemeanor. In count three, he is accused of aggravated unlicensed operation of a motor vehicle, a Class E felony. It is alleged in count three that Henry drove while under the influence of alcohol or a drug while his license was suspended or revoked and while he had three or more suspensions imposed or at least three separate dates for failure to answer, appear or pay a fine.

Law and Order: Stafford man accused of burglary, strangulation, biting and DWI

By Billie Owens

David A. Leach Jr., 24, of Stafford, was arrested Oct. 20th by the Le Roy Police Department and charged with: first-degree burglary, a Class B felony; second-degree strangulation, a Class D felony; third-degree criminal mischief, a Class C felony; and third-degree assault, a Class A misdemeanor. In the early morning hours of Oct. 20th, Le Roy police responded to the report of physical domestic incident in progress. Upon arrival, the suspect, later identified as Leach Jr., had fled the scene and was believed to be operating a motor vehicle while under the influence of alcohol. It is alleged that Leach Jr. broke into a residence causing damage to property in the process, and once inside the residence a physical altercation occurred. During the altercation, Leach Jr. allegedly placed his hands around the victim’s neck, obstructing the breathing of the victim, and he bit the victim, causing physical injury. The defendant was subsequently located by the Genesee County Sheriff’s Office and faces additional charges. He was arraigned in the Le Roy Town Court and jailed in lieu of $10,000 bail. Leach Jr. is to return to the Le Roy Town Court at a later date to answer to the charges.

Heather M. Coates, 32, of Myrtle Street, Le Roy, was arrested on Friday, Oct. 26, 2018, and charged with one count of hindering prosecution in the third degree and one count of endangering the welfare of a child, both Class A misdemeanors. On Oct. 25, the Le Roy Police Department assisted New York State Parole with attempting to locate Rob H. Hoag. New York State Parole received information that Hoag was allegedly at Coates’ residence and at the time there was a child under the age of 17 also present in the residence, in violation of Hoag’s parole conditions. Patrols responded to the residence and spoke with Coates, who allegedly made several statements to the patrols hindering their investigation to locate Hoag. During the investigation, Hoag allegedly jumped from a second-story window at the residence then fled from police on foot. The Le Roy Police Department was assisted by the New York State Police and DEC K9 Unit in an attempt to locate Hoag. To avoid capture, it is believed Hoag was picked up in a vehicle and then left the area. Hoag was not located on the date of the incident. Coates was arrested as a result of assisting Hoag from being located by the police as well allowing Hoag to be in the presence of a child under the age of 17. Hoag was located and taken into custody on Oct. 26 on parole violations. Hoag also has pending charges with the Le Roy Police Department as a result of the incident on Oct. 25. Coates was arraigned in the Le Roy Town Court and released under the supervision of Genesee Justice. Coates is to reappear in the Le Roy Town Court on Dec. 3.

Suspected puppy abuser gets bail, forfeits pet ownership

By Billie Owens

Photo of two additional dogs that Welch had. Both are at the county animal shelter.

Suspected puppy abuser Brandon Welch made his first court appearance yesterday afternoon since his arrest Oct. 18.

The 23-year-old, who lives in an apartment on East Main Street in the city, was granted bail at his preliminary hearing.

It was requested by his private counsel, Frank Ciardi, on the misdemeanor charges of falsely reporting an incident in the third degree (for claiming he found the starving puppy); torturing/injuring/not feeding an animal; and owning/harboring an unlicensed dog.

Ciardi, whose criminal defense practice is based in Rochester, advocated his client's suitability for bail by noting that Welch has no criminal history, he's lived here two years and was employed in Churchville at the time of his arrest.

To Ciardi's right stood his diminutive client, silent and stoop shouldered; shackled and wearing orange jail uniform, with his head nearly shorn bald and his brown beard neatly trimmed.

City Court Judge Robert Balbick set Welch's bail at $5,000 cash or $10,000 bond, which was not opposed by First Assistant District Attorney Melissa Cianfrini.

The question of bail for the Class D felony charge of making a terroristic threat was deemed null and void after two witnesses could not get here in time to testify. The charge was brought after investigators learned that the defendant allegedly said he would shoot the next cop who came to his home.

Two female witnesses were to be served with orders of protection from Welch, subpoenaed and brought from the "other side of the state" to Batavia to testify about the threat they allege Welch made against law enforcement. That failed to happen by 11:30 a.m. yesterday.

As of the day before -- Tuesday afternoon -- Welch's case was docketed for 1:30 p.m. Wednesday. Yet the pair of witnesses was apparently scheduled to give statements earlier -- in the morning -- and the deadline could not be met.

The first district attorney said not only were orders of protection requested, and subpeonas sought, but the people requested all of Welch's firearms to be turned over; she was concerned that only two of three known weapons were recovered in Welch's apartment by law enforcement after they got a search warrant.

Judge Balbick said there was no order on file concerning the firearms.

Cianfrini said she had supporting depositions showing that the defense was asked to turn over all weapons and ammunition.

"He freely handed over the weapons he had there," replied Ciardi.

But a third weapon, a rifle which Cianfrini referred to as a "30-'ott'-6" -- which is a caliber, a size of cartridge (.30-06) that is used in various kinds of weapons and is powerful enough to take down a moose -- was not recovered.

The rifle and ammo were missing and a rifle case was "found empty," she said, adding that this made the people uncomfortable because Welch had been seen in possession of the rifle.

Ciardi then asked: "Why would he turn over two weapons and not all three?"

He added that if Welch is released -- he makes bail -- he will advise him to turn over all weapons.

To ensure their costs are covered, a security bond application was filed with the Genesee County Sheriff's Office by Animal Control to recoup costs to shelter, feed and care for Welch's pets.

An emaciated 9.2-pound pit bull mix pup now known as "Opal" was brought to Batavia Police after it was found in Stafford Oct. 4. A tipster later led police to Welch. 

Three other animals in his care were subsequently seized from Welch's home: a bearded dragon lizard, which, like Opal, is now in foster care; and two other mixed breed dogs, which Welch told Judge Balbick are part boxer and part German shephard, respectively. The canines appear healthy, albeit lean, and are at the shelter. They have an eager-to-please, energetic disposition.

Under Article 26 of the state Agriculture and Markets Law, the shelter is eligible to be reimbursed at a rate of $10 per animal per day for any seized animal in its custody, plus vet bills. Vet bills in Welch's case to date stand at $837.38 and counting.

The bond application sought was for more than $4,500, according to Animal Control.

Because Welch forfeited ownership of all four creatures, repayment for costs incurred and vet bills will not be sought and the security bond application was vacated.

Welch's next city court date is 1:30 p.m. on Tuesday, Oct. 30, for discovery on the misdemeanor counts and pre-trial motions.

Inset photo above right: This is an example of the kind of lizard -- a bearded dragon lizard -- Welch kept before relinquishing ownership Wednesday. It is not a picture of the one that belonged to Welch.

Rollover accident with injuries reported in Stafford

By Billie Owens

A vehicle rollover accident with serious injuries is reported at Byron and Griswold Road in Stafford. Stafford Fire Department and Le Roy ambulance are responding. Byron ambulance is also called.

UPDATE 4:41 p.m.: Four people were injured -- two people each in two vehicles -- and all were taken to area hospitals. This was not a rollover accident. Preliminary indications are that a silver SUV was traveling on Griswold Road and it failed to stop at the intersection with Byron Road, hitting a black SUV head-on. The most serious injury -- a compound ankle fracture -- was suffered by the passenger of the silver SUV. Two Mercy rigs and one ambulance each from Bryon and Le Roy responded. The investigation is pending.

Bergen and Stafford students earn scholarships at Baldwin Wallace University in Ohio

By Billie Owens

Students from our area were among more than 600 students who earned endowed scholarships at Baldwin Wallace University this fall. BW has a long history of endowed scholarship support from alumni, faculty, trustees and friends.

More than 400 named scholarships provide in excess of $3 million to help students attend, persist and graduate from BW. Endowed scholarships vary in their requirements with many specifying financial need, a course of study, involvement on campus or a commitment to excellence in a particular field.

BW grants a wide range of scholarships to current students each year. Including endowed, merit and need-based scholarships, BW students received over $48 million in financial support from the University for the 2018-2019 academic year. The following local students earned endowed scholarships:

Sean Donovan, of Bergen, a graduate of Byron-Bergen High School majoring in music composition, earned the William F. Grady Scholarship.

Fiona O'Connor, of Stafford, a graduate of Le Roy Central School majoring in criminal justice and political science, earned the Dr. Lucille Mercer Scholarship.

Baldwin Wallace University, founded in 1845, was one of the first colleges to admit students without regard to race or gender. An independent, coeducational university of 4,000 students, BW offers coursework in the liberal arts tradition in more than 80 academic areas. Located in Berea, 12 miles from downtown Cleveland, Ohio, BW offers students the cultural, educational and business advantages of a major metropolitan area.

City resident accused of threatening to shoot cops in case of starving, neglected pup

By Billie Owens

A 23-year-old City of Batavia man suspected of starving and neglecting a puppy found by a Good Samaritan in Stafford on Oct. 4 has been arrested.

Brandon Joseph Welch was arrested in the afternoon on Oct. 18 at his residence, 679 E. Main St., apt. 4H, and jailed without bail for allegedly making a terroristic threat to police, among other charges.

Batavia police executed a search warrant at his apartment in connection with the animal abuse case of a pup Volunteers for Animals at the shelter dubbed "Opal." That animal is now in foster care.

According to Batavia Police Det. Eric Hill, police got the warrant after receiving a tip from a witness.

Welch initially told police that he had found the puppy, a fawn-and-white colored female weighing only 9.2 pounds when rescued. The dog was not able to stand on its own and was covered in urine and feces, and was severely dehydrated and malnourished.

The police investigation determined Welch was "supposed to be caring for the dog," Hill said.

Welch said "he was going to shoot the next police officer who came to his apartment," Hill said, and police recovered firearms in Welch's possession.

Welch is charged with making a terroristic threat, which is a Class D felony, as well as falsely reporting an incident in the third degree (for claiming he found the animal); torturing/injuring/not feeding an animal; and owning/harboring an unlicensed dog.

He was arraigned the same afternoon, last Thursday, and is due in Batavia City Court tomorrow, at 1:30 p.m. on Wednesday, Oct. 24.

The case was investigated by Batavia Police Officer Stephen Quider, assisted by Officer Jason Davis.

Opal, meanwhile, is looking like a different creature since she's been in foster care and received veterinary care and some decent nutrition. The pictures below -- sitting up smart and standing up strong on all fours, -- were sent to us yesterday by Volunteers for Animals. (Love those ears! Note the wagging tail!)

Help deputy find owner of puppy found wounded, starving, unable to walk, covered in feces

By Billie Owens

(Submitted photos) The condition of the abused puppy at the time she was found last night in Stafford.

The public is asked to help law enforcement find the owner of this emaciated puppy found last night on Route 33 and Prole Road Extension in Stafford.

The fawn-and-white colored female weighs only 9.2 pounds. The dog is not able to stand on its own. It was covered in urine and feces. It is severely dehydrated and malnourished.

The puppy was picked up by a Good Samaritan and turned over to the Batavia City PD and the case is now being investigated by the Genesee County Sheriff's Office.

Due to the nature of the wounds present on the puppy, this is being investigated as animal cruelty.

The puppy was immediately examined and treated by a local veterinarian and was being cared for at the Genesee County Animal Shelter with the assistance of the Volunteers for Animals. They have named her "Opal" and she is now in a foster home until she is well enough to be adopted.

If you any ANY information about the owner of this puppy, please contact Sheriff's Deputy Kevin Forsyth at (585) 345-3000, ext. 3233.

Below, "Opal" today, clean and wrapped snuggly in fleece at the vet's office.

Two-car accident with injuries reported in Stafford

By Billie Owens

A two-car accident with injuries, in which one vehicle rolled over, is reported at 5380 Fotch Road, Stafford.

The location is between Byron Road and Byron -- Stafford Townline Road.

Stafford Fire Department and Mercy medics are responding.

UPDATE 8:18 p.m.: Town of Batavia Fire Department is called mutual aid to respond to the Stafford accident.

'Discover Stafford -- 200 years of Historic Architecture' is topic of Oct. 14 presentation for Stafford Historical Society

By Billie Owens
The Stafford Historical Society will present a matinee program with Cynthia Howk, architectural research coordinator for Landmark Society of Western New York at its next meeting on Sunday, Oct. 14.
 
It begins at 2 p.m. in the Stafford Town Hall, 8903 Route 237, Stafford.
 
Howk's program will be "Discover Stafford -- 200 Years of Historic Architecture." The presentation will include slides of houses, barns, well-houses, smokehouses, carriage steps, hitching posts and other historic resources found in Stafford.
 
The public is invited -- bring family members and friends.

Ten firefighters from six local departments complete basic rope rescue course

By Billie Owens

Press release from the Genesee County Office of Emergency Management:

Ten area firefighers from six fire departments successfully completed the Rope Rescue Basic course held at the Genesee County Fire Training Center on Sept. 17.

This 24-hour course prepares students for a wide variety of possible rescue scenarios.

Specialized rescue, search, technical rescue management, risk and priorities, use of ropes, knots and rope systems in a low angle environment as well as establishment of landing zones for helicopter operations were addressed. The program involved demonstrations as well as practice sessions.  

Congratulations to the following personnel:

City of Batavia FD

  • Stefano Napolitano

Town of Batavia FD

  • Joshua K. Boyle
  • Clayton A. Gorski

Bethany FD

  • Richard J. Klunder III

Corfu FD

  • Glenn J. Eck
  • Daniel Smith
  • Jacob D. Stiles

Elba FD

  • Michael Pfendler

Stafford FD

  • Dean A. Brooks
  • Randal J. Henning

Visit your local fire department to find out more about volunteer opportunities.

Law and Order: Jackson Avenue man charged with possessing crack cocaine and drug paraphernalia

By Billie Owens

Anthony A. Leone, 50, of Jackson Avenue, Batavia, is charged with criminal possession of a controlled substance in the fourth degree, a Class C felony, and criminally using drug paraphernalia in the second degree, a Class A misdemeanor. On Monday evening, Sept. 24, Genesee County Sheriff's deputies Kyle Krzemien and Howard Wilson responded to the area of BJ's Wholesale Club on Lewiston Road in Batavia following a report of a suspicious male in the area of the store. Following an investigation, Leone was allegedly found to possess a quantity of crack cocaine and drug paraphernalia. He was arraigned in Batavia Town Court and jailed without bail. The investigation is ongoing and additional charges are pending. The deputies were assisted by members of the GC Local Drug Task Force.

Falicia Noel Tuczai, 27, of East Bethany -- Le Roy Road, Stafford, is charged with second-degree harassment -- physical contact. She was arrested at 9:24 a.m. on Sept. 24 on Ellicott Street Road in Bethany. It is alleged that following a verbal argument, Tuczai bit a male victim, causing physical injury. She was released on an appearance ticket and is due in Bethany Town Court on Oct. 23. The case was handled by Genesee County Sheriff's Deputy Jeremy McClellan, assisted by Deputy Christopher Erion.

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