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accident

Rollover accident on Pocock near Swamp Road, Bergen

By Howard B. Owens

A one-vehicle rollover accident is reported on Pocock Road just south of Swamp Road, Bergen.

A caller reports the driver is out of the truck and going by personal vehicle to an area hospital.

Bergen fire and ambulance responding.

UPDATE 12:59 p.m.: The vehicle involved is a town highway truck.

UPDATE 2:48 p.m.: The snowplow is now upright. Pocock is still closed.

Rollover accident with injuries is reported on Knowlesville Road in Alabama

By Billie Owens

A one-vehicle rollover accident with injuries is reported at 5992 Knowlesville Road in Alabama. The location is between East Shelby and Roberts roads, just north of Oak Orchard Creek. Alabama Fire Department and Mercy medics are responding.

UPDATE 2:55 p.m. (by Howard): Four people are out of the vehicle. One child has a hand injury.

Accident on eastbound Thruway is blocking traffic

By Billie Owens

A motor-vehicle accident is reported on the eastbound Thruway at mile marker 402.7 and it is blocking traffic. Unknown injuries. Pembroke and Indian Falls fire departments and Mercy medics are responding.

UPDATE 2:05 p.m.: Mercy medics are on location at the accident are looking for assistance in blocking traffic. East Pembroke Fire Department is called to mile marker 395.5 on the westbound Thruway to provide this assistance.

UPDATE 2:07 p.m.: A fire chief requests all East Pembroke equipment to stand by in quarters.

UPDATE 2:18 p.m.: All available manpower of the East Pembroke Fire Department is requested to the fire hall.

Dump truck rollover accident reported in Stafford

By Billie Owens

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A dump truck rollover accident with unknown injuries is reported on Route 33 near Ivison Road in Stafford. Stafford Fire Department and Mercy medics are responding.

UPDATE 4:22 p.m.: This was a construction company dump truck towing a small trailer. Law enforcement says what caused the vehicle to veer off the roadway and rollover is unknown. Two patients were transported to Strong Memorial Hospital with non-life-threatening injuries. No other vehicles were involved.

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Crash reported at Route 77 and Judge Road, one person requires extrication

By Billie Owens

A personal injury accident involving two vehicles is reported at Route 77 and Judge Road. Smoke is coming from one of the vehicles. One is off the roadway, and a jackknifed tractor-trailer is partially blocking the roadway. Oakfield's rescue unit is asked to respond mutual aid to extricate one patient. Alabama Fire Department and Mercy medics are also responding.

Judge hears testimony on admissibility of evidence in fatal hit-and-run case, ruling pending

By Billie Owens

An evidentiary hearing that grew testy at times was held in Genesee County Court this afternoon in the case of Jennifer L. Serrano.

The 48-year-old who lives on Charles Street in Irving is charged with second-degree vehicular manslaughter in the death of 18-year-old Connor Lynskey and leaving the scene of a personal injury accident. She remains in jail on $100,000 bail or $200,000 bond.

It is alleged that in the early morning hours of Aug. 11 that an intoxicated Serrano struck and killed Lynskey, of Hinckley, on Sumner Road in Darien but didn't stop to help or call the police. Lynskey was reported missing that night after the Jason Aldean concert and officers patrolled the area, including Sumner Road, but nobody saw Lynskey or any evidence of an accident.

The next morning, Deputy Richard Schildwaster, checking Sumner Road, found debris in the roadway and when he got out of his vehicle and looked around, he found Lynskey's body in a ditch.

How Serrano first came to the attention of Sheriff's Deputy Robert Henning was part of the testimony given at what is known as a Huntley hearing to determine what will be admitted into evidence. It is believed that Henning encountered Serrano after the fatal hit-and-run had occurred.

Under questioning from District Attorney Lawrence Friedman, Henning said at 12:56 a.m. he was traveling northbound on Route 77 heading to the county jail with a male who had just been arraigned in Darien Town Court on a criminal mischief charge.

Henning said he noticed a white Jeep Wrangler backing out of a residential driveway and it was stationary on the eastside of the roadway. 

Under questioning from one of two defense lawyers present, Henning later noted that when he spotted the Jeep he was traveling 55 to 60 miles an hour in a 55-mph zone. Traffic was moderate that evening, he said, due to the concert ending at Darien Lake Performing Arts Center not long before.

If Serrano's vehicle had stayed on the shoulder, he said he would have driven past her. But suddenly the Jeep pulled onto northbound 77 right in front of the deputy's vehicle and Henning said he had no reason to anticipate the Jeep's action and did not slow down.

Instead, he slammed on his brakes to avoid a collision and swerved into the southbound lane of 77, where "fortunately, no cars were coming."

Defense Attorney Frank LoTiempo asked if the soon-to-be-inmate in the backseat of the patrol vehicle was injured in the violent slamming on of brakes and if injuries were reported. Henning said he recalls some part of the arrestee "moving forward and some contact was made" with the divider between the front and rear seats, but no injuries were sustained, thus none reported.

"Were there skid marks?" LoTiempo asked.

"I didn't look," Henning said.

Upon further questioning, Henning noted that he took no pictures at the scene and could not recall which driveway the Jeep had backed out of.

LoTiempo asked that the name of the male in Young's custody at the time be determined and provided to the defense in case they decide to interview him about what he saw or heard.

Next, Henning said he turned on his emergency lights and pulled behind the Jeep, which pulled over after a couple hundred feet and stopped.

He said he approached the driver, whom he identified in court as Serrano, who sat in beige pants and an orange hoodie, shackled, at the defense table, her dark hair up in a coarse braid, reading glasses propped on her head. Serrano smiled a couple of times at three family members in the gallery; she largely seemed dazed during the hearing.

Henning said she had trooper stickers on her windows and he asked her about them, and she replied that some members of her family were retired from law enforcement.

The reason she was pulled over -- pulling out suddenly into traffic -- would have been simply a traffic violation -- moving from lane unsafely -- until Henning suspected Serrano was impaired. He said Serrano told him she was returning from the Silver Lake area and he observed she had bloodshot, glassy eyes, slurred speach and he detected the strong odor of alcohol on her breath.

He asked her to exit the vehicle and when she did she "misjudged the depth of the ground" and got off balance, but used the door to steady herself and was able to "stagger" to the rear of the vehicle by using it to "keep from swaying back and forth" while he talked with her.

Henning testified that he activated his body camera when he approached Serrano and that footage would also show Deputy Jenna Ferrando.

LoTiempo asked the deputy if he had the body cam on the entire time during his shift. Henning replied that he always had it on his person just not always on, but that it may have been on while he was at Darien Lake.

"She seemed fidgety, uncomfortable and nervous," Henning told Friedman.

"Did you ask her if she had something to drink?" Friedman asked.

"She said she had earlier in the day, then she said she had none," Henning said.

Once Henning knew Serrano was not going to be getting back into the Jeep to drive, a half hour to 40 minutes after encountering the defendant, her Miranda rights (to have an attorney, to not answer questions, etc.) were not read, Henning testified under questioning from LoTiempo. Yet the defense attorney said one of two DVDs entered into evidence today will show that Serrano says she asserts her right to say nothing and still the deputy talks with her about a Breathalyzer test. 

LoTiempo said a "7-10-30" notice was filled out but nothing was noted about the deputy asking her about drinking.

Next up to testify was Deputy Ryan Young, who spoke about his assignment Aug. 12 -- to take two deputies to the Buffalo Airport so they could travel for training then go to 23 Opal Court in Amherst. That's where the defendant's sister Mary Brillhart lives. He was to make sure Serrano's Jeep, which was parked in the garage, stayed in the garage.

Young said he got there about 4:30 a.m. and waited three hours until Sheriff's Investigator Christopher Parker got there with a search warrant.

At about 7:25, Young, Investigator Parker and two officers from the Amherst Police Department converged at the property. Young said he approached the "man door" on the side of the garage, saw Serrano inside the garage and activated his body cam; he asked her to open the door, whereupon she opened the overhead garage door. Young said he saw that the damage to the Jeep was consistent with the damage specified in the hit-and-run report.

Parker, according to Young, asked Serrano if she knew why law enforcement was there.

"I imagine you found my (suicide) note at my house," Serrano replied.

After Serrano was arrested her Miranda rights were read to her.

Young testified that she subsequently asked him to retrieve reading glasses from the house for her and flip-flops from the Jeep, and when he got the latter, he found a bottle of clonazapam in plain view. Young drove her silently on a 40-minute ride to the Genesee County Jail. Once there, he asked her how many of the pills she had taken; "one" she said. "Not enough to overdose?" he asked. "No, that was the plan," Serrano replied.

Young told the court that he was concerned about what amount of the drug she had in her system because she was being processed into jail.

Sanchez asked if Serrano was asked questions after her Miranda rights were read.

Young testified that a few were, such as "How can I reach your sister?" "What is her (sister's) first name?" "Does she know what happened?" "Did you leave the note inside or outside your house?"

Sanchez raised issues about the "affirmative questions" Serrano had been asked while interacting with the Genesee County Sheriff's Office personnel. The DA objected and asked what "affirmative questions" were and said the questions speak for themselves and it is not for Deputy Young to classify them in a particular way because the defense asks him to. The judge sustained the objection.

Sanchez asked if Young's body cam was on the whole time that day.

"I recall that I turned the camera off when I went to use the bathroom," Young deadpanned.

The question of when the defense counsel "attaches" to Serrano was debated in this Huntley hearing. Was it at the time she retained attorney Michael Caffery for a misdemeanor DWI arraignment in Darien Town Court? Or was it after that DWI, or once the hit-and-run fatal were suspected of being connected to the arrest made by Henning when LoTiempo and Sanchez were hired?

The defense then called its sole witness, attorney Caffery, who testified he was retained for $500 and met with Serrano at the jail. After speaking with dispatch about damage to the Jeep, he thought there was more to the case than a misdemeanor DWI.

Caffery, Serrano and "a third party" -- a woman who had been a passenger in Serrano's vehicle -- subsequently met at the Tim Hortons in Derby (Erie County).

"What was said?" Friedman asked.

That prompted the defense to object because they specifically wanted to limit Caffery's testimony to the fact that he had been retained for the misdemeanor DWI and that there was property damage to the Jeep.

LoTiempo argued -- with hands on hips, then his right hand jabbing the air with the forefinger and pinkie sticking out belligerently -- that the conversation was covered by attorney-client privilege and therefore off limits for cross-examination.

Friedman rejected his assertion, saying that Caffery is a witness that he has the right to cross-examine and that the presence of a third party negates the attorney-client privilege argument.

Judge Zambito overruled the objection and called for the witness to answer the question. LoTiempo -- hanging his head toward the floor dejectedly as he sat sideways at the defense table, his fist in a knot -- reared up to renew his argument.

The heated scenario prompted the judge to call the lawyers into his chambers for a 10-minute recess.

It seemed to tax the victim's parents, who had sat throughout the proceedings with great poise along with three other adults in the front row.

The mother began to cry as she briefly exited the gallery, sobbing halfway down the aisle. She returned composed.

The issues of Caffery's attorney-client privilege and what was said at Tim Hortons were not revisited by Friedman after court resumed.

The case is next on the docket for 1:45 p.m. on March 13.

Previously:

Hit-and-run reported involving rental truck

By Howard B. Owens

A hit-and-run accident is reported on Lewiston Road.

The suspect vehicle is a white Ryder box truck. Unknown direction of travel.

The victim is now at West Main and Woodrow Road.

A deputy is responding from Bethany.

Accident in Darien shears gas meter causing leak

By Howard B. Owens

A motor-vehicle accident is reported in the area of 677 Genesee St., Darien.

There are no injuries. The driver is out of the vehicle and walking around; however, the vehicle struck a gas meter causing a gas leak.

Darien fire dispatched.

A deputy on scene says, "you can contact the gas company. I can just hear the gas pouring out of there."

A dispatcher says they're on the phone with National Fuel now.

UPDATE 10:18 a.m.: Corfu fire requested to the scene.

UPDATE 10:38 a.m.: Genesee Street (Route 33) is being shut down west of the Village of Corfu.

Multi-car collision at Jackson and Ellicott

By Billie Owens

A three-vehicle accident is reported at Ellicott and Jackson, near Angotti Beverages. One driver is injured. City police and fire are on scene and Mercy medics are responding. Two flatbeds will be needed for tows.

UPDATE 12:13 p.m.: Two additional patients are reported. Mercy medics are on scene. Reports that a pedestrian was struck proved false.

UPDATE 12:39 p.m.: An 85-year-old female patient is transported to UMMC for evaluation.

One-vehicle accident reported on westbound Thruway, one person trapped inside

By Billie Owens

A motor-vehicle accident is reported on the westbound Thruway near mile marker 389.7. One person is trapped inside. Road conditions are "possibly very icy." The location is just east of the State Street Road overpass. Town of Batavia Fire Department, Mercy medics and law enforcement are responding. 

UPDATE 6:36 a.m.: "Town command you've got lots of debris in the roadway." There are actually two vehicles off the roadway; on the east and west side of the Thruway at the State Street Road overpass. There are two patients.

UPDATE 6:42 a.m.: Alexander's ambulance is also requested to the scene.

UPDATE 6:49 a.m.: The trapped patient is extricated.

UPDATE 6:52 a.m.: A second Mercy rig is heading to the scene; Alexander is canceled.

UPDATE 7:10 a.m.: A patient is being transported to Erie County Medical Center.

UPDATE 7:14 a.m.: A second patient is being transported to ECMC.

UPDATE 7:18 a.m.: A 22-year-old male has lacerations and a 25-year-old male is complaining of lower back pain; both are being transported to UMMC. The Town of Batavia assignment is back in service.

Farmer driving tractor in Pembroke killed after struck from behind on dark road

By Howard B. Owens

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A Pembroke farmer was killed Friday evening after his tractor, hauling round bales of hay, was struck from behind by a northbound SUV on a darkened South Lake Road.

The Sheriff's Office investigating the accident and has identified the farmer as Roger A. Sweet.

According to area residents, Sweet raised goats at his small farm on South Lake Road and had a hay field on Maple Road. He regularly drove his tractor, loaded with hay on spikes, from his field on Maple Road to his place on South Lake.

The crash was reported at 5:54 p.m., approximately 70 minutes after sunset.

Preliminary indications are, according to sources at the scene, that he had minimal lighting and reflectors on his Massey-Ferguson tractor.

His wife reportedly heard the crash and rushed outside.

The driver of the 2017 Equinox that struck the tractor, Janet I. Miller, of Rochester, was not injured. The spike holding the back bale of hay on the tractor did not hit the vehicle squarely and did not penetrate the driver's compartment.

Sweet was pronounced dead at the scene by Coroner Karen Lang.

The accident is being investigated by Chief Deputy Joseph Graff, Sgt. Andrew Hale, Investigator Chad Minuto, Investigator James Diehl, of the Crash Management Team, Deputy Kyle Krzemien, and Trooper Kelli Fitch.

Assisting at the scene were members of the Pembroke, Alabama, Indian Falls, East Pembroke and Corfu fire departments, along with Mercy EMS, Dickinson's Auto Services, and Ron and Newt's Towing.

(Initial report)

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Accident with airbag deployment in Elba but driver not on scene

By Howard B. Owens

A vehicle has hit a utility pole in the area of 7189 Road, Elba, and there is airbag deployment, but there is nobody in the car, according to the caller.

Elba fire and Mercy EMS dispatched.

A trooper on scene reports wires down.

UPDATE 11:37 p.m.: The pole is snapped in half.

UPDATE 11:40 p.m.: Heavy front-end, driver-side damage.

UPDATE 11:48 p.m.: Mercy EMS back in service. No patient found.

SUV and hay wagon reportedly involved in accident in Pembroke

By Howard B. Owens

An SUV and hay wagon have reportedly collided in the area of 9341 South Lake Road, Pembroke.

Unknown injuries.

Pembroke and Indian Falls fire departments and Mercy EMS dispatched.

UPDATE 5:57 p.m.: Subject trapped under the hay wagon. Dispatchers checking the availability of Mercy Flight.

UPDATE 6 p.m.: Road being closed at Maple and at Cohocton. Corfu Fire Police requested to assist.

UPDATE 6:08 p.m.: Mercy Flight is canceled.

UPDATE 7:04 p.m.: This is a fatal accident. It appears the male driver of a Massey Ferguson tractor hauling a hay bale(s) was northbound on South Lake Road when he attempted to turn into his driveway and was rear-ended by a northbound SUV. The collision caused the tractor to snap in two and roll on top of the man. The SUV driver was not injured. The Crash Management Team is on site and preliminary indications are that the tractor had insufficient lighting and reflectors. The investigation continues.

Crash reported at Oak Orchard and Lockport roads, Elba

By Billie Owens

A two-vehicle accident with minor injuries is reported at Oak Orchard and Lockport Roads, Elba. Elba Fire Police are asked to slow traffic at the top of the hill on Oak Orchard Road before the intersection. Two ambulances are responding, along with Elba Fire Department. Law enforcement is on scene.

UPDATE 3:27 p.m.: Traffic will be reduced to one lane on one or both roads.

Truck strikes Thruway overpass in Pembroke

By Billie Owens

A truck struck the Thruway overpass at 797 Main Road, Pembroke. No injuries. Pembroke and Indian Falls fire departments are responding.

Three-car accident reported at West Main and South Lyon, Batavia

By Howard B. Owens

A three-car accident is reported at West Main Street and South Lyon Street, Batavia.

Minor injuries reported.

Traffic is blocked. 

City fire and Mercy EMS dispatched.

UPDATE 11:15 a.m.: One minor leg injury, reported. Also, city fire responding reports a property damage accident at Main and Court.

Accident with minor injuries reported on Creek Road near Putnam

By Howard B. Owens

A truck is on its side in a ditch in the area of 9806 Creek Road, Bethany.

Minor injuries reported.

Bethany fire and Mercy EMS dispatched.

UPDATE 11:17 a.m.: Confirmed minor injuries. Responding units can proceed with caution, non-emergency.

Accident reported on Route 98 in Alexander

By Howard B. Owens

A motor-vehicle accident with no injuries is reported at 9481 Alexander Road, Alexander.

Alexander fire and ambulance dispatched.

An Alexander chief on scene requests fire police for traffic control.

The roads are slick and units should proceed non-emergency and with caution.

UPDATE 10:52 a.m.: Shortly after a chief mentions "we need to get people to slow down," he reports, "we've got another one in a ditch." The roads are slippery.

UPDATE 10:54 a.m.: A DOT salt truck is in route.

UPDATE 11:04 a.m.: One member of fire police warns the other to "be carefull -- these people are not listening or following directions."

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