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Law and Order: Woman accused of falsely reporting larceny from vehicle at Walmart

By Howard B. Owens

Sarah Patricia Nichols, 29, of Pinehollow Drive, Batavia, is charged with falsely reporting an incident, 3rd. Nichols is accused of falsely reporting a larceny from her vehicle while it was parked in the Walmart parking lot. An investigation by Deputy Brad Mazur led Mazur to believe the larceny did not take place.

Patricia M. Anderson, 27, of 6281 Walkers Corners Road, Byron, is charged with petit larceny. Anderson is accused of shoplifting from the Kwik Fill 99 at Jackson and Ellicott streets. Anderson was located at a residence on Central Avenue following a complaint of the theft.

Francis Scott Smith, 18, of Lake Avenue, New York, is charged with petit larceny. Smith was taken into custody in the lobby of city court on a warrant out of Batavia Town Court. Smith was jailed on $250 bail.

Jennifer J. Maggio, 27, of Kingston Road, Leicester, is charged with petit larceny. Maggio is accused of shoplifting $95.32 in merchandise from Kmart by hiding it in her purse.

Raymond Michael Pfalzer, 41, of Brown Road, Corfu, is charged with DWI and driving with a BAC of .08 or greater. Pfalzer was charged in connection with an accident at Wilkinson Road and Brown Road, Batavia, at 8:20 p.m., July 22, in which he was seriously injured.

Angela A. Starling, 30, of Pembroke, is charged with disorderly conduct/fighting/violent behavior and harassment, 2nd. Starling was arrested by State Police following the report of an incident at Godfrey's Pond at 10:11 p.m., Saturday. No further details were released.

Fight reported at Ellsworth and Manhattan

By Howard B. Owens

A fight is reported at Ellsworth and Manhattan avenues and it is physical at this time.

Police are dispatched.

One person is leaving in a black GMC pickup truck.

There is reportedly an off-duty police officer, unknown from what jurisdiction, who is reportedly trying to intercede.

Police have located and stopped a woman who was reportedly involved in the altercation.

UPDATE 12:03 p.m.: Police officers are conducting interviews. No further updates available.

Fight on Ellicott Street, Pavilion

By Billie Owens

A fight among four people is reported at 6698 Ellicott St. in Pavilion. The parties are separated and Sheriff's deputies are on scene. Alcohol is reportedly a factor.

Law and Order: Pavilion man accused of sexually abusing child years ago

By Howard B. Owens

Timothy J. Petrie, 41, of Telephone Road, Pavilion, is charged with one count of sexual abuse, 1st. Petrie is accused of sexually abusing a child under age 11 at his house several years ago. Following an investigation by Deputy Matthew Fleming with assistance from Deputy Matthew Butler, Deputy Cory Mower and Investigator Roger Stone. Petrie was arrested Aug. 24 and arraigned in Town of Pavilion Court and released under supervision of Genesee Justice. UPDATE: In July 2013, a jury acquitted Petrie on all counts.

A 16-year-old resident of Warsaw is charged with petit larceny. The youth was arrested at 6:35 p.m., Thursday, by State Police in the Town of Darien.

Christian M. Hilken, 21, of Pike Road, Batavia, is charged with unlawful dealing with a child. Hilken is accused of hosting an underage drinking party on Wednesday evening.

Henry Lee Banks, 42, of South Main Street, Batavia, is charged with petit larceny. Banks is accused of stealing scrap metal from a business on Orchard Street, Oakfield.

Law and Order: Driver whose car struck parked truck in Le Roy charged with DWI

By Howard B. Owens

Kyle W. Nash, 25, of 7 Myrtle St., Le Roy, is charged with DWI, driving with a BAC of .08 or greater and felony aggravated unlicensed operation. Nash was involved in a motor vehicle accident Tuesday night in the area of 76 North St., Le Roy. Nash was reportedly looking for an item inside the vehicle and his car veered to the right and struck the rear of a tractor-trailer parked alongside the roadway. Two passengers in the vehicle were transported to area hospitals with non-life-threatening injuries. Following arraignment, Nash was jailed on $5,000 bail.

David Bruce Piechowicz, 36, Eagan Drive, Lackawanna, is charged with trespass. Piechowicz allegedly went to the home of his ex-girlfriend after being told to stay away.

James J. Angelo, 48, of Churchville, is charged with DWI and driving with a BAC of .08 or greater. Angelo was stopped by State Police on Route 77 in the Town of Darien at 12:05 a.m., today.

Reuben L. Bumpus, 29, of Newark, is charged with DWI and driving with a BAC of .08. Bumpus was stopped by State Police in the City of Batavia, at 12:35 a.m., today.

Walter L. Knickerbocker, 54, of South Street, Pavilion, is charged with unlawful growing of cannabis. Knickerbocker was arrested by State Police at 12:45 p.m., Tuesday. No further details were released.

A 14-year-old from Albion is charged with petit larceny after being arrested by State Police for allegedly shoplifting at Kmart on Tuesday. No further details were released.

Kelvin B. Murphy, 39, of Batavia, is charged with criminal trespass, 2nd, and second-degree harassment/physical contact. Murphy was arrested by State Police Tuesday for an alleged incident reported at 1:01 a.m. in Oakfield. He was ordered held in jail, no bail information given in the report. No further details released.

Eight arrests, 23 people accused of possessing marijuana, at Uproar concert at Darien Lake

By Howard B. Owens

The following people were arrested Wednesday by the Sheriff's Office during the Uproar Rockstar Energy Drink Concert at Darien Lake Performing Arts Center.

(Redacted upon request), 44, of Owens Street, Corning, is charged with trespass after allegedly refusing to leave the concert venue after being told to leave several times. xxxx was arraigned in Darien Town Court and remanded to jail in lieu of $100 bail.

Tyler W. Seneca, 27, of Route 438, Irving, is charged with disorderly conduct and resisting arrest after allegedly throwing items at deputies and physically refusing to be taken into custody. Seneca was arraigned in Darien Town Court and remanded to jail in lieu of $500 bail.

Deanna L. Russo, 39, of Lake Road, Webster, is charged with harassment, 2nd, and three counts of criminal possession of a controlled substance, 7th, after allegedly striking a security guard while being ejected from the venue and was then found to have possessed a quantity of three different controlled prescription drugs. Russo was arraigned in Darien Town Court and remanded to jail with no bail.

Gregory J. Brown, 35, of Louth Street, St. Catherines, Ontario, Canada, is charged with DWI and with a BAC of .08 or greater after allegedly operating a motor vehicle while intoxicated on a public walkway outside the concert venue. Brown was arraigned in Darien Town Court and remanded to jail in lieu of $250 bail.

Jeffrey J. Logal, 30 of Virgil Avenue, Buffalo, is charged with harassment, 2nd, after allegedly pushing and then grabbing a concert usher.

Stephanie N. Nonnemacher, 27, of Cedar Wood Terrace, Rochester, is charged with unlawful possession of marijuana and criminal possession of a controlled substance, 7th.

Jeffrey R. Mason, 21, of Linden Street, Cheektowaga, is charged with unlawful possession of marijuana and criminal possession of a controlled substance, 7th.

Timothy J. Slotta, 35 of Long Hallow Road, Turtle Point, Pa., was arrested on a warrant out of Cattaragus County for an alleged violation of probation.

The following people were issued appearance tickets for alleged unlawful possession of marijuana:

Albert A. Garcia, 48, of Dudley Avenue, Niagara Falls
Jordan P.Powell, 24, of Eagle Street, Medina
Sherie R. Seefeldt, 31, of Eagle Street, Medina
Kayla R. Tubinis, 21, of 86th Street, Niagara Falls
Reuben P. Satarian, 24, of Joanne Circle, Niagara Falls
Kelly L. Dale, 43, of Dowland Crescent, Burlington, Ontario, Canada
Daniel L. Aldrich, 39, of Hinman Road, Little Valley
Brandon J. Wyatt, 29, of Fawn Avenue, Salamanca
Kyle R. Gehrek, 24, of Westchester Boulevard, Kenmore
William R. Whaley II, 30, of Stone Road, Rochester
Broc W. Vanskiver, 25, of State Route 227, Burdett
Tyler P. Renaldo, 21, of Shirley Road, North Collins
Ian M. Brennan, 25, of Park Avenue, Lockport
Ryan S. Buczkowski, 19, of Castlewood Drive, Cheektowaga
Robert M. Souter, 39, of West Avenue, West Seneca
Steven R. Maskell, 19, of North Byron Road, Elba
Elliot P. Arnold, 25, of Terry Street, Byron
Gala K. Tubera, 19, of Oliver Street, Rochester
Harrison C. Delatante, 20, of Oliver Street, Rochester
Matthew R. Meiser, 23, of Newberry Lane, Lancaster
Justin J. Holler, 23, of Swamp Road, Cattaraugus

The following individuals were issued citations for alleged possession of alcohol under age 21.

Kerry R. Meissner, 19, of Bernadette Circle, Niagara Falls, Ontario, Canada
Richard I. Fancher Jr., 18, of Pine Street, Franklinville

Law and Order: Employee accused of stealing more than $7K from scrap metal company

By Howard B. Owens

Richard Russell Vetter, 57, of Main Street, Varysburg, is charged with grand larceny and 10 counts of falsifying business records. Vetter is accused of making false metal purchase entries into business records while employed at Stanley Staba & Sons in Darien and writing himself checks in excess of $7,000.

Brian Mark Mahaney, 24, of Indian Falls Road, Pembroke, is charged with reckless endangerment. Mahaney is accused of being involved in a domestic dispute. He allegedly drove a motor vehicle eastbound on Indian Falls Road, crossed the center line into the path of a westbound vehicle. The westbound vehicle reportedly had to drive off the pavement to avoid a collision. Mahaney then allegedly followed the vehicle to a residence and threatened to fight the vehicle's occupants.

Thomas Jacob Wolcott, 26, of West Main Street Road, Batavia, is charged with criminal contempt, 1st, and harassment, 2nd. Wolcott is accused of being involved in a physical altercation with a protected person whom he was ordered not to engage in any criminal act against. He allegedly grabbed the victim by her neck and threw her about a room. Wolcott was jailed on $2,500 bail.

Steven James Scott, 21, of Dellinger Avenue, Batavia, is charged with DWI, driving with a BAC of .10 or greater, open container and unlawful possession of marijuana. Scott was taken into custody following a report at 8:36 p.m., Tuesday, of a motorist needing assistance on Route 33 in Bergen. The motorist reportedly attempted to flag down passing cars. Upon investigation, deputies Joseph Graff and Matthew Butler identified Scott as the operator of a motor vehicle who was allegedly driving while drunk.

Triton Adam Drock, 18, of Buell Street, Batavia, is charged with endangering the welfare of a child and sexual abuse, 2nd. Drock allegedly had an ongoing relationship with a minor female. Drock is accused of acting in a manner injurious to the physical and moral welfare of a minor. Following arraignment in Darien Town Court, Drock was released on his own recognizance and issued a stay-away order for the minor female.

Grand Jury indicts Alabama man on 28 counts of sexual abuse

By Howard B. Owens

Earl Francis Sprague, 42, of 1366 Church St., Alabama, who was arrested over the weekend on two charges of sexual abuse has been indicted on 26 such Class D felonies by a Genesee County Grand Jury.

The indictment alleges sexual abuse in the first degree against a child under age 11 on 28 separate occasions from 1999 through 2009.

Sprague, who is accused of abusing a single victim, was also charged with endangering the welfare of a child, a Class A misdemeanor.

Attorney, young celebrity arrested in Pembroke on charges of DWI and prostitution

By Howard B. Owens

A prominent Rochester attorney and a former reality TV personality are in the national news today after they were arrested in Pembroke on Tuesday morning.

James Doyle, 54, of Rochester is accused of DWI, refusing a breath test, providing alcohol to a person under age 21 and patronizing a prostitute.

Alicia Guastaferro, 20, of Williamsville, is charged with criminal Impersonation, criminal possession of a controlled substance and prostitution.

At age 16, Guastaferro appeared in the reality TV series "Wife Swap," a series on the Lifetime Network that involves unhappy spouses switching families for a week.

In the episode Guastaferro appeared in, viewers learned the teenage beauty queen received a Christmas present from her parents every single day.

Doyle has made several statements to the media, including WHAM 13, denying all of the charges. He described Guastaferro as a family friend.

Wichita man caught 'sexting' with local teen given 26 years in prison

By Howard B. Owens

A Wichita, Kan., man who enticed a 14-year-old Batavia girl into sending him naked pictures of herself through text messages was sentenced in Federal Court yesterday to more than 26 years in prison.

Shane M. McClelland, 26, Wichita, Kan., was convicted in a jury trial in May on one count of producing child pornography.

During trial, prosecutors presented evidence that McCelland used the Internet to strike up a relationship with a 14-year-old girl in Batavia.

At McClelland’s request, the girl sent photographs of herself naked to McClelland. The mother of one of the girl’s friends became aware of what happened and reported it to police.

Det. Todd Crossett and Office Jay Andrews initiated the investigation in Batavia and during the course of the investigation Crossett posed as a 14-year-old girl and communicated with McClelland.

Crossett testified at McClelland's trial in May about the chain of evidence and his exchange of text messages with McClelland.

After McClelland's conviction, Crossett said, "He was definitely a sexual predator. He had a past history of doing this sort of thing and he does it again soon after he gets out of prison. That indicates the kind of person he is."

At sentencing in Federal Court in Wichita, prosecutors asked the judge to take into consideration McClelland’s prior conviction in September 2004 in Sedgwick County District Court for aggravated indecent liberties with a 13-year-old girl.

According to LJWorld.com:

McClelland's lawyer argued 20 percent of teens are "sexting" and said the sentence amounted to cruel and unusual punishment. He said the 14-year-old was old enough to know better.

Alabama man accused of first abusing child 13 years ago

By Howard B. Owens

A 42-year-old Alabama man has been charged with two counts of sex abuse in the first degree for allegedly abusing a child.

The alleged abuse was first reported recently, but the initial allegation goes back to 1999, when the child was of preschool age.

Investigators suspect there were more alleged incidents of abuse in the following years against a single victim, but the initial two counts cover alleged incidents in 1999.

Additional charges are pending against Earl Francis Sprague, a Church Street resident in the Town of Alabama.

The alleged abuse took place at another location in Genesee County.

According to the Sheriff's Office press release the child was "in the care" of Sprague at the time of the alleged abuse.

Sprague was arraigned in Town of Alabama Court and jailed on $50,000 bail.

Grand jury indicts two men for allegedly driving while intoxicated

By Billie Owens

Daniel E. Plath is indicted by the Genesee County Grand Jury on one count of DWI, a Class E felony, for driving a 2007 GMC pickup truck on Old Creek Road in Alexander on May 12 while allegedly intoxicated. He is also indicted on a second felony count of DWI for allegedly having a BAC of .08 or more. In count three of the indictment, Plath is accused of aggravated unlicensed operation for allegedly driving the truck while intoxicated and without a valid driver's license. His license was invalidated following a DWI conviction in 2007, according to the DA's office.

Gary R. Dean is indicted by the Genesee County Grand Jury on one misdemeanor count of driving while intoxicated on April 24 in Alexander. He allegedly drove a 2007 Chevrolet on state routes 98 and 20 and in a parking lot on Broadway Road while intoxicated. In count two, he is accused of aggravated unlicensed operation in the first degree, a Class E felony, for allegedly driving without a driver's license while intoxicated. His license was revoked following a DWI conviction in 2001, according to the DA's office.

Law and Order: Man who fell from Buttermilk Falls arrested on trespass warrant

By Howard B. Owens

Brandon Charles Smart, 35, of Bank Street, Batavia, is charged with trespass. Smart was arrested on a warrant out of Le Roy Town Court charging him with trespass. The charge stems from a June 13 incident at Buttermilk Falls, off North Road, Le Roy, in which Smart fell to an outcrop of rocks at the falls and had to be rescued. 

Smart is also charged with DWI, driving with a BAC of .18 or greater, speed not reasonable and prudent, moving from lane unsafely and unlicensed operation. Smart was reportedly involved in a single-car property damage accident at 1:11 a.m., Saturday, on Knowlesville Road, Alabama.

Nicholas Joseph Pascucciq, 22, of Main Road, Stafford, is charged with criminal possession of a controlled substance, 7th, and possession of a hypodermic instrument. Pascucciq turned himself in on a county court bench warrant on charges of criminal possession of a controlled substance, 4th and 5th. After his arrest, the additional charged were issued stemming from an incident in Le Roy on July 14. Pascucciq was held on the warrant.

Walter B. Hale, 34, of Oakfield, is charged with felony DWI and three counts of felony aggravated DWI. Hale was charged under Leandra's Law for allegedly driving while intoxicated with three children in his car. Hale was stopped on Route 63 by State Police. According to troopers, he failed a field sobriety test and blew a BAC of .09. Hale was jailed on $5,000 bail.

Christopher J. White, 56, of North Chili, is charged with DWI, driving with a BAC of .18 or greater and unlawful possession of marijuana. White was stopped on Route 33 in the Town of Bergen by State Police for allegedly failing to dim his headlights. He was allegedly in possession of marijuana and a glass smoking pipe. According to troopers, White's BAC was .22.

Kinks to work out, but officials pleased with results after first big test for new policy at Darien Lake

By Howard B. Owens

Saturday was the first big test for a new pedestrian access policy at Darien Lake and while officials are satisfied with the results overall, they admit there are some kinks to work out.

On the positive side, officials said, traffic control after the concert was much better than used to be expected for a sold-out concert.

On the negative side, there was some confusion over what to do with taxis, how to handle passenger drop-offs and dealing effectively with people trying to circumvent the policy.

Cherry Hill Campground was open for concert parking and apparently tried to establish a private vehicle shuttle service for its patrons. 

Part of the terms of service now for ticket holders is there is only one vehicle entry and one vehicle exit per person and you must have a valid ticket to come onto the property.

Drivers of cars observed coming off The Hill were threatened with arrest for criminal trespass when they were observed coming in through Employee Road and then leaving immediately.

Many of the dozens of people who tried to walk in through Employee Road managed to bum rides from other concertgoers in cars. Of course, they became pedestrians after the concert trying to exit the venue on Employee Road.

Those people were told either to walk to the main gate to leave or to the exit point at the east side of the property.

Officials wanted to keep Employee Road open for vehicle traffic, so a strict no-pedestrian rule was enforced.

"The overall objective is just to make the traffic flow smoother and just create a safer environment for our guests," said Darien Lake General Manager Bob Montgomery. "To that extent, it’s working. If we’ve got a few little leaks here and there, we’ll correct them were we can. If people are really working hard to beat the system, I guess they can if they think it’s really worth all the effort."

Some issues will just work themselves out, Montgomery said, as guests become more familiar with the new system and fewer of them are willing to hassle with private lot parking.

From just before 5 p.m. until shortly after 8 p.m., vehicle traffic to Darien Lake was gridlocked from both the south and the north.

While some concertgoers blamed the new parking policy for the stop-and-go entry, Chief Deputy Gordon Dibble, of the Sheriff's Office, said he doesn't see the connection.

"We've had traffic being backed up in the past when the private lots were open, so I don't see that being the issue," Dibble said.

What surprised authorities, Dibble said, was how relatively few concertgoers started arriving at noon or one o'clock.

Typically, a Saturday concert attracts a lot of early arrivals, and this show didn't for some reason. Many people waited until later in the afternoon to arrive, which meant more people trying to drive in closer to showtime.

Dibble said he spoke to some patrons prior to the show who said they expected other concertgoers to come early, so they decided to come late.

There also seemed to be a higher number of concertgoers coming from the south of Darien.

"There’s something about this place," Dibble said, "that no matter how long you work out here, when you think you’ve got it figured out, there’s just something to do with who the band is, whether they're drawing from the Rochester market, the Syracuse market, the Canadian market, that makes a little different pattern. To a degree it’s unpredictable, it really is."

The worst traffic-related incident prior to the show occurred just before 8 p.m. when the passenger of a vehicle stuck in traffic jumped out of the car and ran into the path of a motorcycle heading south.

Jessica Freeman, 23, of Rochester, suffered head and facial injuries and is in critical condition at ECMC, where she was flown by Mercy Flight.

Prior to the show, concertgoers turned away at Employee Road were clearly frustrated, some of them, but didn't hassle police or security about the policy.

One group of three young men did manage to talk their way onto Employee Road and enter the venue.

Apparently, they had bought their tickets and made their reservations at Cherry Hill Campground in June. After the new policy was announced, one of them had an email exchange with officials at Darien Lake and was told, incorrectly by somebody, that they would be allowed to walk onto the property.

Gerald Rakestraw, VP of development for Darien Lake's owner, Herschend Family Entertainment, was at property Saturday both observing and supervising implementation of the new policy.

He snapped an iPhone picture of the young man's email and then allowed the trio to walk up Employee Road into the venue.

The biggest conflicts of the night came after the concert was over and some people tried to exit the venue on Employee Road.

Rakestraw had predicted some 500 people would try to leave via Employee Road -- far fewer than the thousands walking out in concerts past.

The actual number of pedestrians trying to leave on Employee Road was probably far fewer than 500.

Most were cooperative when told to head in another direction.

One gentleman who was highly intoxicated got lost in the employee parking lot (which was used for regular guest parking last night).

Two people were arrested after apparently wearing out their welcome, so to speak, arguing with deputies about the pedestrian policy.

Rebecca A. Pickem, 25, of Olive Drive, Baldwinsville, discussed the situation with a couple of different cops, went round and round with Sgt. Tom Sanfratello. After several minutes of discussion, Sanfratello told her to leave or she'd be arrested.

Her alleged reply: "I guess you'll have to arrest me," which at that point became a refusal to follow an officer's order, so she was arrested.

Her companion, Tyler A. Vincent, 24, of Olive Drive, Baldwinsville, wouldn't leave and was also arrested.

Reportedly, Pickem and Vincent had parked their vehicle more than two miles from the concert facility and were apparently concerned about how to get back to their car.

The thing is, if Pickem and Vincent had been a little more patient, they were two minutes away from a cab ride to their car.

Sgt. Steve Mullen had called a cab for them.

There was another group of young ladies, four of them, who were stranded at the park. They were reportedly staying at the Attican Motel. The Attican charged them $20 for a shuttle ride to and from the show, according to Mullen. When the driver dropped them off, he reportedly informed them the shuttle might not be available for a ride back to the hotel.

When the women called the motel, they were reportedly told the van had broken down (Note, I was on Employee Road when I saw the van, with Attican Motel written on it, pull into the parking area).

Mullen called a cab for the young ladies and escorted them out to Sumner Road and waited with them for the cab.

By the time Mullen returned to bring Pickem and Vincent to their cab, they were already in custody.

While all of this was going on, there was a young Canadian woman in full agitation mode, running around from one cop or security guard to another yelling at them, hurling insults and threatening to call the Canadian Embassy.

Deputies said she had been difficult to deal with prior to the concert when she tried to walk into the venue.

After the show, she claimed her "bestfriend" had gotten separated from her and her other friend during the concert, three hours prior to her first notifying law enforcement.

She gave three different ages for her missing friend and changed the clothing description.

Any time an official would try to ask her questions about her friend and their travel plans, she would just start yelling again.

She also claimed she wanted to walk out of the facility, but continued to yell at deputies for not doing more to find her friend.

At one point, she yelled at a deputy, "I hope your daughter gets raped some day."

There was another young woman from Canada who was also missing her travel companion, another young woman. She was calm, but clearly worried about her friend.

At 1:30 a.m., Darien Lake security officials were still involved in trying to help both young women locate their friends.

At 1:30 a.m., all Darien Lake parking lots were empty, which under normal sold-out concert nights was at least an hour earlier than might be expected.

Dibble said with Sumner Road free of traffic from private lots, it was much easier to get cars out of the parking lots. Both lanes of Sumner Road could be used for traffic leaving the facility. If not for a couple of minor accidents on Sumner Road, patrons would have gotten out even quicker.

While there were 15 arrests at the concert, the majority of them were related to the new policy, such as three people accused of climbing the new fence to try and gain access to the property.

I spent two hours at the entry gate known as "South PAC," where concert security will bring any unruly patrons for deputies to deal with and potentially arrest or release. South PAC is normally bustling with activity during a concert. During the two hours I was there, not one patron was escorted from the concert.

Batavia resident Carrie Hylkema, who's attended several country shows at Darien Lake, was at the show Saturday as a volunteer for a beer concession set up to raise money for Batavia Ramparts.

She said the atmosphere Saturday was very different from any country show she had ever attended at Darien Lake.

She said concertgoers were much less aggressive than she's seen in the past.

"A lot of times we come driving in, whether we’re working the concert or just going to the concert, you can see it’s out of control before you even come into the gates," she said. "It just seemed more managed tonight. My husband I both commented tonight that it just seemed more in control."

Some of the explanation for the mellower atmosphere, Dibble said, is the fact that so many people came later to the show, got caught in traffic, and had less time to get intoxicated in the parking lot before the concert.

"I’d like to think the underage drinking work that we’ve been doing is paying off, too," Dibble said.

There were 48 underage drinking citations issued Saturday, which is far fewer than have been issued at big country concerts over the past two seasons.

Among the kinks in the system Saturday was what to do with taxi cabs. The plan was, officials said, to only allow cabs into a designated area after 10 p.m. -- for pick up only, not for drop off. But cabs were entering the facility prior to the show.

There was also some confusion over how parents dropping off concertgoers were to enter and leave the facility.

Montgomery acknowledged he and his staff are going to need to figure out these issues for future concerts.

"What we'll do with the team here is, we'll meet again tomorrow and kind of put those issues on the table," Montgomery said. "There's nothing big, nothing that would be a big concern. You're right about the issue with taxis and where do we place them. We want to go back specifically and address that. That's one of the issues that stood out."

Traffic entering the venue, heading toward the main gate, backed up on Sumner Road, with a group of pedestrians in the distance getting into a passenger vehicle offering them a lift.

Pedestrians being told they would not be allowed to walk into the venue.

This vehicle came down off The Hill and is heading toward the main gate.

A trio of concertgoers (third person already in the back seat) get a lift into the venue.

A vehicle that had allegedly previously come off The Hill and delivered concertgoers into the venue gets a trespass warning, and would not be allowed in with another group.

Another driver allegedly issued a trespass warning.

This gentleman was eventually allowed to walk on Employee Road and into the venue after displaying an email from Darien Lake saying that he would be allowed in on foot.

Subject taken into custody after allegedly refusing a police officer order to leave the facility.

Concertgoers party in a 1968 stretch Checker Cab.

A reportedly highly intoxicated individual is taken into custody, charged with disorderly conduct, after allegedly causing a disturbance in a parking lot at about 11 p.m.

This photo submitted by a reader. One concertgoer decided to drive his tractor to the show.

Fifteen arrests, 48 citations at sold out Jason Aldean concert

By Howard B. Owens

NOTE: This was the first sold out concert after the new no-pedestrian access rule to the Darien Lake property came into full force. I did a ride along with the Sheriff's Office for the night and will have a report, with photos, later.

The following people were arrested by the Sheriff's Office in connection with the Jason Aldean Concert at Darien Lake Performing Arts Center.

Matthew K. Skelton, 26, of Coe Avenue, Oakfield, is charged with disorderly conduct after allegedly yelling profanities and causing a disturbance in the parking lot. Skelton was arraigned in Darien Town Court and remanded to jail in lieu of $200 bail.

Rebecca A. Pickem, 25, of Olive Drive, Baldwinsville, is charged with trespass after allegedly refusing to leave the Darien Lake Employee Road area after attempting to exit the venue as a pedestrian. Pickem was arraigned in Darien Town Court and released on her own recognizance.

Tyler A. Vincent, 24, of Olive Drive, Baldwinsville, is charged with trespass after allegedly refusing to leave the Darien Lake Employee Road, area after attempting to exit the venue as a pedestrian. Vincent was arraigned in Darien Town Court and releaed on his own recognizance.

Nicole L. Louiseize, 23, of Summerhill Drive, Moncton, New Brunswick, Canada, is charged with trespass after allegedly entering the concert venue after being denied entry and told not to reenter. Louiseize was arraigned in Darien Town Court and remanded to jail in lieu of $400 bail.

David W. Pitts, 30, of Buford Deli Townline Road, Scotland, Ontario, Canada, is charged with DWI and aggravated DWI with a BAC of .18 percent or more after allegedly operating a motor vehicle while intoxicated in the campgrounds.

Brian A. Rupe, 29, of Ransom Road, Lancaster, is charged with trespass after allegedly jumping the fence to enter the Darien Lake property.

Nicholas J. Pagano, 19, of Savage Road, Holland, is charged with trespass after allegedly jumping a fence into the concert venue.

Mark A. Silvestri, 26, of South Seine Drive, Cheektowaga, is charged with trespass after allegedly jumping a fence into the concert venue.

Michael J. Riley, 47, of Beckett Drive, Brantford, Ontario, Canada, is charged with criminal mischief, 4th, after allegedly punching a car causing damage.

Adam R. Wattles, 19, of Old Lower East Hill, Colden, is charged with false personation after allegedly providing a false age. (Wattles was cited at the Toby Keith concert for alleged underage drinking.)

Colin J. Haines, 17, of Americo Court, Lancaster, is charged with trespass after allegedly attempting to enter the concert venue with a ticket to a show in West Virginia. When he was denied entry, Colin allegedly ran through the gate and entered the venue.

Kelly L. Alcorn, 47, of Tower Hall Terrace, Grand Island, is charged with harassment, 2nd, after allegedly hitting another patron in the concert venue.

Karen M. Walker, 35, of Niagara Falls, is charged with harassment, 2nd, after allegedly striking another patron in the concert venue.

Stephanie A. Fenner, 36, of Lafayette Road, Cortland, is charged with disorderly conduct after allegedly punching and grabbing a Darien Lake security officer.

Daren J. Conklin, 20, of Lafayette Road, Cortland, is charged with harassment, 2nd, and resisting arrest after allegedly being involved in a fight and pushing a deputy while being detained. Conklin then allegedly physically resisted and kicked deputies during the course of the arrest.

The NYS DMV had an enforcement detail at the venue and the following individuals were accused of using a fictitious/fraudulent driver's license.

James A. Carbamone, 20, of Delta Drive, Niagara Falls, Ontario, Canada
Rebecca E. Blondin, 20, of South Taylor Road, Charles, Fla.
Kyle R. Henecke, 21, of Loonis Road, Farmington
Morgan J. Engesser, 19, of Higby Road, New Harford

The following indivdiuals received citations for alleged possession or consumption of alcohol while under age 21.

Colin J. Haines, 17, of Americo Court, Lancaster
Adam R. Wattles, 19, of Old Lower East Hill, Colden
Guymichael A. Gornicki, 20, of Lockport Road, Niagara Falls
Anthony R. Dicosmo, 20, of Lockport Road, Sanborn
Megan P. Barney, 20, of Gerald Hunter Road, Madrid
Meghan R. McGee, 20, of Lagrass Street, Waddington
Katie C. Mach, 18, of Banko Drive, Depew
Maxwell I. Crabtree, 19, of South Seine Drive, Cheektowaga
Matthew R. Walsh, 19, of Gabriel Drive, Cheektowaga
Aleigh J. Andrews, 18, of Homestead Drive, Niagara on the Lake, Ontario, Canada
Richard W. Ingoldsby, 20, of Rice Road, Boston
Nicole M. Vinci, 19, of Hogan Road, Webster
Eryn E. McBride, 18, of Houston Road, Webster
Alexandra N. Liberty, 18, of Chigwell Lane, Webster
Alyssa C. Proietti, 20, of Cottage Brook Lane, Webster
Tyler M. Smedley, 19, of Morning Glory Drive, Webster
Kaitlin M. Cunningham, 19, of Cottage Street, Fredonia
Heather N. Tomsick, 20, of Gardner Street, Fredonia
Thomas F. R. McRae, 20, of Parkside Road, Niagara Falls, Ontario, Canada
Jacob D. Cardwell, 20, of Woodinton Road, Niagara Falls, Ontario, Canada
James A. Carbanone, 20, of Delta Drive, Niagara Falls, Ontario, Canada
Taylor R. O’Leary, 20, of Chesterbrook Lane, Pittsford
(name removed upon request), 20, of Mendon Center Road, Pittsford
Kaitlyn M. Piccarrento, 17, of Temple Road, Henrietta
Samantha N. Jones, 19, of Cameron Hill Road, Rochester
Kathryn E. Pietropalo, 18, of Southery Place, Rochester
Nicole S. Mercendetti, 19, of Elwood Drive, Rochester
Rose R. Emilie, 20, of West Center Street, Medina
Patricia A. Glass, 19, of Chase Street, Medina
Kalie L. Curtain, 18, of South Gravel Road, Medina
(name redacted upon request), 18, of Owls Nest Road, Marion
Melissa A. Cook, 18, of Kemp Drive, Macedon
McKenzie T. Bigley, 20, of North Main Street, Marion
Jordan L. Phillips, 18, of Sunset Drive, Marion
Julia M. Smallman, 20, of Effingham Street, Street, Catherines, Ontario, Canada
Cassandra R. Robinson, 20, of Sunset Drive, Fenwick, Ontario, Canada
Britta M. Adamczyk, 18, of Route 39, Springville
Jochua I. Burau, 19, of Newman Street, Springville
Taylor M. Sikes, 17, of Oak Street, Geneseo
Delilah M. Cipriano, 16, of Upper Mt. Morris Road, Leicester
Bianca R. Weber, 19, of Markie Drive, West Rochester
Veronica L. Maznikovski, 19, of Abbottsford Drive, Gates
Melissa A. Cook, 18, of Kemp Road, Macedon
Darren W. Godfrey, 20, of Witmer Road, North Tonawanda
Ashley M. Drouin, 20, of Peek Road, Hilton
Amanda M. Marlow, 17, of State Street, Caledonia
Corey R. Sherman, 19, of Fraser Drive, Hilton
Austin G. Kelly, 16, of Sunderland Trail, Rochester

Six people arrested at DWI checkpoint in Pembroke

By Howard B. Owens

State Police conducted a DWI checkpoint Saturday evening on Route 5 in the Town of Pembroke.

Six people were arrested:

  • Mark A. Newton, 42, of Batavia, charged with DWI
  • Edith S. Williams, 48, of Buffalo, charged with possession of a controlled substance, 7th
  • Christopher W. Palmer, 40, of Akron, charged with DWAI
  • Armand Cummer, 54, of Amherst, charged with felony DWI
  • Frederick E. Perry, 31, of Corfu, charged with DWI
  • Nathan C. Swimline, 25, of Corfu, charged with DWI

Simmons' attorney vows appeal, cites jurors' pre-trial media exposure

By Howard B. Owens

Earl Key (top photo, Jacquetta Simmons leaving court with Ann Nichols following the verdict).

Lawrence Friedman

Asked if his client, Jacquetta B. Simmons, got a fair trial, attorney Earl Key said, "I'm going to appeal that, so we'll see."

Earlier, as reporters walked with him as he left the courthouse, Key declined to say on what basis he might appeal the conviction.

Expanding on the fair trial thought, however, Key said it's possible intense local and regional media coverage made it much harder to ensure Simmons had her case heard before a fair and impartial jury.

"I think the media coverage -- no offense to you guys at all -- definitely hurt her chances of a fair trial," Key said. "As you heard during jury selection, we didn’t have one juror that said -- well, we had a couple, but not very many – who said they had not heard about this case.

"Even the ones who were on the panel had said they had formed an opinion, but they said they could set that aside and be fair and impartial, and the judge accepted their word at that."

Simmons, the 27-year-old Batavia woman convicted today in Genesee County Court of assaulting a 70-year-old Walmart employee, will be sentenced Nov. 15.

District Attorney Lawrence Friedman disagreed with Key's assertion.

"You were there for jury selection," Friedman said. "We went through an unusually large number of people to seat a jury. Obviously there were a lot of people who came through saying they had seen coverage, way more than we’re used to, and they had formed an opinion and, unfortunately, many people said they couldn’t set those opinions aside, and of course they didn’t wind up on the jury."

Key said he was obviously disappointed in the outcome of the case and that he firmly believes the video evidence presented at trial clearly shows a Walmart employee grabbing his client's arm and that she is trying to break free of that grasp when she strikes Grace Suozzi.

"In certain spots, the video is unclear," Key said. "I don't know that they (the jury) saw it the way I saw it."

Asked by a reporter if he thought Sharon Reigle, a Walmart customer service manager, lied on the stand about grabbing Simmons, Key didn't answer the question directly, but said, "She absolutely grabbed her arm, in my opinion."

During the trial there were several profane statements attributed to Simmons that were racially charged.

Some readers of The Batavian have questioned why Simmons wasn't charged with a hate crime.

Friedman said the facts of the case didn't fit the penal code, which requires that race be proven as a motivating factor in the crime.

"Clearly there were comments made, particularly later in the sequence of events, that relate to the race of the victim," Friedman said. "We didn't see necessarily that the crime occured because of the race of the victim."

Simmons was convicted under a relatively new New York statue that makes it a Class D felony for a person 10 years younger than a victim who is 65 or older to assault such a victim.

Originally, Simmons was also charged with the more straightforward assault in the second degree charge, which requires proof of intent to cause serious physical injury.

Prior to the start of the trial, Judge Robert C. Noonan ruled there was insufficient evidence to charge Simmons with intent to cause serious physical injury, so he reduced the charge to a misdemeanor of assault, 3rd.

Without the enhanced assault 2nd charge, the so-called elder-abuse statute, Friedman would have been left with no choice but to prosecute Simmons on the misdemeanor, which carries a maximum sentence of one year in jail.

While such crime enhancements are often controversial among civil libertarians, Friedman said any time there are additional ways to charge a perpetrator with a crime it "helps keep society safer."

"I think it's appropriate for obvious reasons," Friedman said. "You're dealing with more vulnerable victims, either young children or older adults, who are more vulnerable to injuries that can be much more serious. So from my perspective, it's absolutely appropriate."

Simmons turned down a plea bargain several weeks ago that would have capped her sentence at three-and-a-half years in state prison with an available sentence to Judge Noonan of straight probation (no jail time).

Now she's facing a sentence that ranges from probation up to seven years in prison.

BREAKING: Jacquetta Simmons found guilty

By Howard B. Owens

A Genesee County jury of 10 women and two men has found Jacquetta B. Simmons, 27, of Batavia, guilty of assault in the second degree.

Simmons will be sentenced at 9:15 a.m., Nov. 15. She's free on bail pending sentencing.

Closing arguments in Simmons trial focus on intent and video interpretations

By Howard B. Owens

Two attorneys, two different interpretations of what a video surveillance recording from Dec. 24 inside Walmart shows actually happened when 70-year-old Grace Suozzi was hit by 26-year-old Jacquetta Simmons.

There's no dispute, said defense attorney Earl Key, that his client hit, or even punched, Suozzi.

What the recording clearly shows, Key said, is that a Walmart store employee grabbed Simmons by the arm and Simmons tried to swing free and accidentally hit Suozzi.

Like Key in his closing statement in the trial of Simmons on a charge of assault in the second degree, District Attorney Lawrence Friedman went through the video frame by frame and pointed out to jurors that the recording shows something very different than what Key said it shows.

The video shows, Friedman said, that customer service manager Sharon Reigle, isn't even close enough to Simmons to be holding her arm when Simmons starts her swing.

As Simmons starts that swing, Friedman said, you can see Suozzi stepping back, realizing, as she testified, that Simmons is going to try and hit her.

As Simmons hits Suozzi, Friedman said, Simmons is looking directly at Suozzi. In the next frame, Friedman said, you can still see Simmons looking directly at Suozzi as she falls backward to the floor, and Simmons is still looking at Suozzi, Friedman said, as Suozzi slides across the floor.

Those actions, Friedman said, contradict Simmons' claims that she didn't intend to hit Suozzi and that she didn't know she hit and injured Suozzi.

In closing arguments, the defense always gets to make its case to the jury prior to the prosecution.

Key went through the testimony witness by witness, arguing that the prosecution failed to prove the most important fact under dispute: Whether Jacquetta Simmons intended to hit and injure Grace Suozzi.

"You can see clearly from that video that she is being held," Key said. "You can see that she's swinging her arm away. The prosecution has the obligation to prove my client intentionally hit Ms. Suozzi. We all know Jacquetta hit Ms. Suozzi. They have to prove she did it intentionally."

Going through witness testimony, Key noted that Alex Derefinko said he saw a small scuffle before Simmons hit Suozzi.

While Reigle denied grabbing Simmons, Key told jurors she had a motivation to lie because by her testimony the 10-year Walmart employee knows she would be fired if she touched a customer.

While Dylan Phillips testified that he saw Reigle four or five feet away from Simmons, Key said the video shows Reigle standing right next to Simmons.

As for Suozzi, Key said, she is of course a sympathetic person, but that doesn't mean her version of events is what actually happened.

"I submit to you that Grace probably really believes that Jacquetta hit her on purpose," Key said. "But just because you believe something doesn't make it true."

While Key acknowledges that Simmons used obscenities during the incident, he said the most inflammatory statements were not substantiated by second witnesses. In each case, he said, only one person testified to those specific statements.

For example, outside of Walmart, Samual Hackenberg testified that heard Simmons say, "I don't give a fuck about these dirty white people."

Key said the accusation isn't believable because Hackenberg didn't even mention the statement until a month after the incident and nobody else said they heard it.

Even though Hackenberg claimed Simmons said it while standing next to a police car, Key noted that Trooper James Baines didn't include the statement in his report (Baines testified that all suspect statements are included in reports) and didn't repeat the statement during his testimony.

Regarding the testimony of Randy Johnson, Key said it was noteworthy that the prosecution didn't call Johnson, who testified that he saw Reigle grab Simmons.

Johnson also testified that he saw Simmons trying to leave before the punch was thrown.

"They didn't call anybody who disagreed with their theory of the case," Key said. "This trial is supposed to be a search for the truth, not a win at all costs. Let's hear from everybody and let you decide for yourself."

He criticized Friedman's attempt to impeach Johnson by going through a long list of police contact with Johnson that involved Johnson's mother.

"Friedman beat him over his head about things that had to do with his mother," Key said. "But do you disbelieve his testimony because he has trouble with his mother?"

Key told the jury to note that it wasn't the defense that brought race into the trial; it was the prosecution.

He said both Jacquetta and Isaac testified that they were upset on Christmas Eve because they thought they were being accused of stealing. Neither mentioned being upset about anything related to race.

Key closed by emphasizing that the prosecution has the burden to prove Simmons intentionally hit Suozzi, and if there is reasonable doubt that she did not intend to hit Suozzi, then the correct verdict is "not guilty."

"If you say you don't know whether she is guilty or not, that's not guilty," Key said. "If you don't know, that's not guilty."

Friedman said there are three elements of the crime the prosecution must prove.

First, that the victim was injured; second, the age differences of the defendant and the victim; and, that Simmons acted with intent.

There is no dispute over the first two, elements, Friedman said, so that leaves intent and the evidence and testimony, he said, certainly proves intent beyond a reasonable doubt.

Multiple witnesses, Friedman said, testified they saw Simmons pulling her arm back to take a swing at Suozzi.

Simmons acknowledged, Friedman said, that she wasn't going to show Suozzi her receipt.

On the subject of Johnson's testimony, Friedman said Johnson's testimony in court contradicts a statement he gave to police on Dec. 24 and that Johnson admitted that, based on his experience as a boxer, he thought it looked like Simmons intentionally positioned her body to throw a punch.

Friedman also noted that Johnson, who was called to the stand by the defense, testified that out in the parking lot Simmons warned Johnson, "Watch it, or you could get it, too."

That's not the statement, Friedman said, of somebody who just hit an elderly woman accidentally.

Also in the parking lot, Isaac Simmons was on the phone with his mother and he acknowledge telling her, "Mom, Jac just punched somebody and she's going to jail."

"That doesn't sound like somebody who just saw his sister accidentally hit somebody," Friedman said.

Friedman also took aim act Jacquetta's credibility.

Simmons had said she didn't even know she hit Suozzi until two hours later when she viewed the surveillance video at the police station, but evidence and testimony, even her own, Friedman said, contradicts that claim.

For example, Simmons testified that somebody in the parking lot told her, "You can't hit a white woman like that."

"When Trooper Baines showed her the video, after it was over, he said, 'I don't know how you're going to justify this,' " Friedman said. "She just shrugged her shoulders. She was agreeing with him. She couldn't justify it."

Following closing arguments, Judge Robert C. Noonan explained the rules of evidence and the law to the jury, a process that took close to an hour.

Around 12:30, the jury began deliberating. About 15 minutes later, Noonan received a note from jurors asking to review the video evidence.

The jury was brought back into the courtroom and the video was played while they all sat in the jury box, leaning forward trying to get the best view possible of the video.

The jury is currently back in deliberations.

UPDATE 2:09 p.m.: The jury has returned to the courtroom to view again the video of Suozzi being hit. They asked to be situated closer to the viewing screen and to watch it both in real time and four times frame-by-frame with a three-second pause between each frame. The video is now being projected on the back wall of the courtroom, closest to the jury box.

Law and Order: Assault suspect picked up in South Carolina and returned to Genesee County

By Howard B. Owens

James Russell Kosiorek, 19, of Burgess Avenue, Greenville, S.C., was taken into custody on a bench warrant stemming from a second-degree assault charge. Kosiorek allegedly fled New York after being accused of assault, 2nd. The FBI contacted Sheriff's Investigator John Baiocco informing him Kosiorek had been located in South Carolina. Baiocco contacted the Greenville County Sheriff's Office. Kosiorek was taken into custody, waived extradition and was transported back to Genesee County. Kosiorek was arraigned in county court and ordered held without bail. Kosiorek was then arraigned in Batavia City Court on a charge of bail jumping.

Kenneth Damien Kowalik, 51, of Barrville Road, Elba, is charged with petit larceny. Kowalik is accused of shoplifting at Target.

Steven L. Fetterly, 28, of Elba, is charged with criminal mischief, 4th, and harassment, 2nd. Fetterly was arrested in Elba by State Police for an incident reported at 7:44 p.m., Wednesday. No further details were released.

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