crime

A fight involving several subjects was reported on Lewis Place and Batavia PD responded.

Officers are on scene and report there is a stabbing victim at a residence on Lewis Place and possibly one other injured person.

No indication on how serious the injuries are.

Mercy EMS responding.

UPDATE 12:52 a.m.: Police were told that the victim was at a residence on Lewis, but when officers arrived, they were told the victim had left, so officers are trying to locate the victim. The knife was recovered in front of a neighboring residence. Mercy EMS is on scene.

UPDATE 1:01 a.m.: A second ambulance is requested to Batavia PD headquarters for a report of a male having trouble breathing.

UPDATE 1:04 a.m.: The victim and his brother are going to UMMC ER. Police are interviewing a suspect at HQ. Batavia PD has cleared the scene on Lewis Place.

UPDATED 1:14 p.m. with additional information on charges.

A 32-year-old man who clambered on to rooftops in two separate incidents Friday is in jail, being held without bail, after being charged with criminal trespass and criminal mischief.

Bradley J. Broadbent, no permanent address, climbed onto a roof and reportedly jumped from roof to roof between homes on Hutchins Street late Friday afternoon.

Police, fire and medical personnel responded to the scene and Broadbent was talked into getting onto a ladder and climbing down.

He was transported by Mercy EMS to UMMC for evaluation.

At about 8 p.m., Broadbent reportedly fled UMMC's emergency room and a short time later, police were notified of a person entering a residence on Tracy Avenue.

Broadbent reportedly knows the woman who lives at the residence.

After a search of the residence, officers reportedly located Broadbent on the roof of a neighbor's garage.

Several other charges are pending against Broadbent, according to police.

On Friday, Lt. Jim Henning characterized Broadbent as a person of interest in a case of vandalism at a business building on Swan Street.

At the Hutchins Street incident, Broadbent was observed making repeated head and upper body movements, appearing very jittery. Police described his behavior as "irrational."

The criminal trespass charge stems from the Hutchins Street incident. At Hutchins Street, Broadbent also allegedly kicked in a door of a residence, leading to the criminal mischief charge.

According to Henning, Broadbent will also be charged at his arraignment July 9 with burglary for allegedly entering the Tracy Avenue residence.

Photo: From the Hutchins Street incident Friday. 

With two dissents in a NYS Supreme Court ruling upholding the murder conviction of Scott F. Doll, one of Doll's attorneys said in the wake of the ruling that the defense will request that the NYS Court of Appeals review the case.

Timothy P. Murphy, of the Buffalo firm Lipstiz, Scime, Cambria, said the ruling expands the so-called "emergency doctrine" beyond what previous courts ruled.

"We're obviously disappointed with the results," Murphy said. "But there were two dissenting votes, so we will be an appeal with the Court of Appeals in Albany."

On a 3-2 vote, the justices found that statements made by Doll to the deputies and investigators he spoke to Feb. 16, 2009 were admissible as evidence against Doll.

The statements in question were made before the body of Joseph Benaquist, 66, was found bludgeoned on the driveway of his Pembroke home.

The court also ruled that statements Doll made to a friend in the presence of an investigator were also admissible.

The two dissenting justices disagreed with the majority on the use of the "emergency doctrine" regarding statements made before the murder was discovered, but agreed that the Doll's statements to a friend back at the Sheriff's Office were admissible.

The emergency doctrine allows police officers to detain and question a person when they believe the life of a person or persons may be in jeopardy. In an emergency situation, where lives may be at stake, police are not required to read a person his rights.

The majority's opinion upheld every aspect of the prosecution's case that was appealed, including the investigative work of the Sheriff's Office.

"We think (Doll) was properly convicted and the proof was there," Sheriff Gary Maha said. "They (deputies and investigators) did a great job. They were very thorough. It was a job well done by our people to make sure they covered all the bases."

Maha said he never had a doubt that his staff handled the case appropriately and that the court would back up his department.

"They're well trained," Maha said. They know that their jobs for those type of situations. They were following the law. I know the defense wants to put doubt in the jurors' minds. That’s their job, but our officers did their job and followed the law correctly."

District Attorney Lawrence Friedman said he was also pleased, but not surprised by the ruling.

"We were expecting this result based on the attitude expressed by the judges at the appellant division when the case was argued," Friedman said.

While Friedman praised the work of the entire Sheriff's Office staff on the case, he singled out Deputy James Diehl for exceptional work.

Diehl had only recently started working for the Sheriff's Office in February 2009 when he was dispatched to investigate a suspicious individual ducking behind cars at an old gas station at Main Road and Lake Road in Pembroke.

After arriving on scene, he encountered Doll, who immediately dropped what later turned out to be a car jack and he had a lug wrench in a pocket.

As Diehl interviewed Doll, he notice Doll had fresh blood on his jumpsuit, his hands and his face.

When questioned, Doll said he was butchering deer. 

Diehl was immediately suspicious of Doll's story and when a witness approached and identified Doll as the suspicious subject seen at the gas station, Diehl cuffed Doll and told him he was being detained until things could be sorted out.

"From the start, Deputy James Diehl did an excellent job of perceiving a suspicious situation and following up on it," Friedman said. "From our perspective, he did everything right. If he didn't follow through on it, we might never had made our case."

It was Diehl's actions, along with Deputy Patrick Reeves, who was second on scene, that came under scrutiny in the appeal by the defense team, however.

The defense contends that Doll should have been given a Miranda warning ("You have the right to remain silent, etc.") and when he asked for an attorney, all questioning of Doll should have stopped until an attorney was present.

Friedman argued that the preponderance of evidence available to deputies was that a person or persons had been seriously hurt. The amount of blood on Doll, and his inconsistent story about butchering deer and then going to see a friend and being involved in a car transaction, gave the deputies reason to believe a person or persons may be in serious trouble and that Doll had been in close proximity to whatever it was that caused a person or persons to bleed profusely.

The majority of the Fourth Judicial Department judges agreed with Friedman.

"... the deputies did not violate the defendant's right to counsel or his Miranda rights under the unique circumstances of the case," wrote the majority in their opinion. "The amount of blood present on the defendant's face, hands, clothing and van, and on the ground, along with bloody gloves on top of a nearby car, indicated that one or more persons had been grievously injured and that the defendant had been in close contact with the person or persons."

The court also found that given Doll's inconsistent statements to deputies, "they were justified in concluding that one or more persons had been injured and were in need of assistance or rescue."

The dissenting judges argued that the deputies did not have enough information to conclude there was a human victim and found that Doll's statement that he had been butchering deer was plausible.

Defense attorney Murphy said that in his initial ruling at trial in May 2010, Judge Robert C. Noonan expanded the scope of the emergency doctrine and though the Fourth Department upheld Noonan, Murphy believes the proper scope of the emergency doctrine can be reestablished in the Court of Appeals.

Both majority and dissent judges agreed that a friend who visited with Doll in the presence of Investigator Kris Kautz was not working in collusion with police and therefore Doll's statements could be used against him at trial.

The court also rejected a defense argument that Doll's van was seized without a probable cause and that the prosecution properly obtained business records of Doll's.

Doll is currently serving 15 years to life for the murder of Benaquist at the Sullivan Correctional Facility in Fallsburg.

For all of our previous coverage of the Scott Doll case, click here.

By a vote of 3-2, the NYS Supreme Court has upheld the murder conviction of Scott F. Doll, convicted May 20, 2010 of killing Joseph Benaquist, 66, on Feb. 16, 2009.

The majority found that Doll's Constitutional rights were not compromised by Sheriff's deputies and investigators who responded to Lake Road, Pembroke, after Doll was found wandering the area in a blood-splattered jumpsuit.

UPDATE: Full Story

Edward J. Fuller, 22, of Clifford Avenue, Rochester, was sent to prison for three years Thursday after being picked up on a warrant in Mt. Morris and being turned over to the Sheriff's Office. Fuller was previously convicted of criminal possession of a controlled substance with intent to sell and failed to appear for his sentencing, so a warrant was issued. Following his arrest, Fuller was transported to Genesee County Court and sentenced by Judge Robert C. Noonan. (Original Arrest Report)

Thomas Charles Zimmer, 35, of State Street, Batavia, is charged with criminal contempt, 2nd. Zimmer was allegedly in his wife's hotel room in violation of a court order.

Javier Resendez, 23, of Cockram Road, Byron, is charged with illegal entry into the United States. Resendez was taken into custody following a report of a suspicious male trying to find a ride home at the Arrow Mart on Clinton Street Road, Batavia.

Samuel Robert Thomas, 57, no permanent address, is charged with petit larceny. Thomas is accused of stealing and damaging 16 newspapers left for sale at the Arrow Mart on Clinton Street Road, Batavia.

Nicholas A. Antonucci, 25, of 4192 Broadway Road, Alexander, is charged with burglary, 2nd, grand larceny, 3rd, and grand larceny, 4th. Antonucci is accused of stealing a shotgun from a residence in the Town of Gainesville and of stealing a dirt bike from a residence in the Town of Covington. The shotgun was reportedly recovered in Batavia. Antonucci was already in the Wyoming County Jail on $100,000 bail charged with other burglaries and thefts. On each of the new charges, $50,000 was added to Antonucci's bail.

Jordan Kyle Prentice, 21, of Batavia Oakfield Townline Road, Batavia, is charged with DWAI, unlawful possession of marijuana, failure to keep right and driving left of pavement marking. Prentice was stopped at 12:42 p.m., June 22, on Judge Road, Alabama, by Sgt. Tom Sanfratello for allegedly driving down the middle of the road. Prentice is accused of driving under the influence of marijuana.

Bradley Micheal Crandall, 44, of Lake Street, Le Roy. Crandall is accused of stealing cans of beer from Tops in Le Roy. He was apprehended after a short foot chase by a store employee.

John Arthur Smith, 45, West Bergen Road, Le Roy, is charged with resisting arrest, obstructing governmental administration, 2nd, and harassment, 2nd. Smith is accused of interfering with an investigation into a domestic incident. He allegedly pushed a deputy's arm away several times as the deputy attempted to place him into custody.

Sarah P. Nichols, 29, of 112 Ellsworth Ave., Batavia, is charged with petit larceny. Nichols is accused of stealing $50 from the cash drawer at her place of employment on West Main Street.

Lucas George Yauchzee, 22, of West Bergen Road, Bergen, is charged with harassment, 2nd. Yauchzee is accused of grabbing another person by the arms and pushing that person backwards during an argument.

Christine M. Krug-Leach, 45, of 703 W. Ferry St., Buffalo, is charged with DWI, DWAI and refusal to submit to breath test. Krug-Leach was stopped at 11:11 p.m. on West Main Street, Le Roy, by Le Roy PD following a report of an erratic driver.

Matthew R. Mancini, 26, of Bedford, is charged with DWI, driving with a BAC of .08 or greater and moving from lane unsafely. Mancini was stopped at 11 p.m., Tuesday, in the Village of Alexander by State Police.

Scott Sullivan, 32, of Darien, is charged with a traffic device violation (sign). Sullivan was issued an appearance ticket by State Police on Wednesday morning.

Matthew S. Ryan, 29, of Chittenango, is charged with unlawful possession of marijuana. Ryan was detained by State Police in Darien at 7 p.m., Tuesday.

For a concert that drew more than 20,000 people, the Dave Matthews Band show at  Darien Lake Performing Arts Center was largely uneventful.

There were the usual trespass and harassment arrests -- a dozen people total were taken into custody -- but no major fights or serious crimes.

The most notable arrest came early in the evening when Matthew D. Battiston, 20, of Lehn Springs Drive, Williamsville, and Kathryn D. Brown, 19, of Brenridge Road, East Amherst, were caught climbing the cell tower on the east side of the park, allegedly without permission.

Battiston and Brown were both charged with criminal trespass, 3rd, and released on pre-arranged bail of $125 each (pre-arranged bail means they didn't appear in court, but put up the cash in the security processing trailer at Darien Lake).

Brown's mother was at the concert and picked her up. Battiston's mother drove from her home and paid his bail.

Battiston told deputies that what he did was "really stupid."

"This is the last place I would expect to be," said Battiston while handcuffed to a chair in the security trailer. "I'm really embarrassed."

Brown was treated for minor cuts on her legs suffered as she climbed over the barbwire-topped fence around the cell tower.

Both Battiston and Brown were fully cooperative with law enforcement during their arrest and processing and Battiston said they hadn't been drinking.

It might surprise readers to know that not every person that gets kicked out of the concert venue is arrested.

At one point during the evening, near the end of the show, a patron was escorted out of the venue in a wrist lock (deputies do not enter the concert area). Deputies interviewed him for about 10 minutes and then released him.

A deputy said that the man had gotten into a verbal argument with his girlfriend and a group of intoxicated males started yelling at him and pushing him, so he ran from the encounter, which caused security to grab him for possibly causing a disturbance.

The deputy said it's not uncommon for men to get into a verbal argument with their date and have intoxicated males intervene.

Then there are the guys who could probably avoid arrest if they were just a bit more cooperative after getting escorted from the venue.

One gentleman (I've not been able to confirm his name from the arrest report) was brought outside and handed over to a deputy, being told by security, "Show them your ID, all of your ID, including your badge."

Apparently, the man had claimed inside the venue to be a deputy.

However, as a security supervisor interviewed him, the conversation seemed to be going pretty well. He might have been able to talk his way out of an arrest, but he suddenly yelled (by suddenly, we mean without apparent provocation), "Don't yell at me!"

He then started yelling, "Just arrest me, just arrest me, I know you want to do it anyway!"

At that point, he turned to Deputy Jason Saile and started yelling at him that "you might as well arrest me." 

The man then turned around and yelled a string of profanities at Deputy Lonnie Nati. After a minute of this, Nati said, "That's it. You're under arrest."

My evening ride-along with the Sheriff's Office began with Sgt. Steve Mullen.

For the part of the shift I was with Mullen, he was stationed at the entrance known as North Pack. Mullen was there to assist event security with any problems that arose, which typically involve an already overly intoxicated person trying to enter the concert venue.

If you're too drunk, Darien security will keep you out.

One woman who was with her date and another couple were stopped by security and Mullen was called over to check her sobriety. A friend told Mullen that the woman was on medication, which made her appear more drunk than she was.  Mullen administered a breath test and showed the results to an event security officer who said simply, "she's not getting in."

Later, I rode in a gator with Sgt. Tom Sanfratello and two members of Darien's security team to South Pack, another entrance.

It was at this location that I observed two of the events described above.

From there, we went to Employee Road for "The Dump," when the concert is over and the majority of people leave.

The Dump is the time when most of the fights occur and people become frustrated by the two-hour process of driving out of the parking lot.

On Tuesday, there were only two minor altercations reported, both broken up and dispersed by the time deputies arrived on scene.

As The Dump winds down, deputies begin "The Push." They drive through the parking areas in golf carts and gators advising anybody who is lingering that the parking lot is closing.

There's a few dozen people at this point either hanging out in lawn chairs enjoying a late night snack or sleeping in their cars.

There appears to be enough trash on the ground to stuff a small landfill. Nobody takes their empties with them.

After the jump (click on the headline to read more) a photo tour of the evening followed by the complete Sheriff's Office press release of arrests and citations.

John P. Cryan, 18 of Darwit Drive, Amherst, the first arrestee of the night, is processed by deputies. Cryan was allegedly with a group of underage drinkers. According to a deputy, he leaned down to ostensibly get his ID from his backpack and then took off running. He allegedly jumped a fence into the VIP parking area, which he wasn't authorized to enter. Cryan was charged with obstructing governmental administration, 2nd, criminal trespass, 3rd, resisting arrest, and unlawful possession of marijuana. He was jailed on $750 bail.

Patrons are lightly frisked as they enter the venue.

A pair of deputies sit in a golf cart near the entrance to the park on Employee Road and write citations for alleged underage consumption of alcohol.

Responding to the scene of two people climbing on the cell tower ...

They allegedly got themselves in ... they try to get themselves out ...

but need some help ...

Under arrest.

An unidentified arrestee outside the security trailer.

Another arrest.

Only a very small sample of the amount of trash left in the parking lot.

A gentleman who tried to run from deputies after being escorted from the concert venue is taken into custody.

A woman is being taken into custody who originally argued that she shouldn't be arrested because her daddy owned a VIP box. She allegedly kicked a security officer in the groin.

Items brought by concertgoers that security would not allow into the venue. Some people would retrieve their belongings as they left, but by 1:30 a.m., when nearly everybody had left Darien Lake, most of this pile would still be there.

After yelling profanities at Deputy Nati, a suspect is taken into custody while another deputy video tapes the arrest.

On Employee Road, cars exit from the VIP lot in one lane while pedestrians head toward Sumner Road in the other lane.

A stretch limo heads out from the concert on Employee Road.

When it comes time for the bands to leave, Employee Road is cleared of traffic, and pedestrians and the buses are given a police escort out of the park.

If you look closely, you can see Dave Matthews at the front of the bus. Matthews was taken to the Genesee County Airport where a private plane awaited his arrival.

Sumner Road and Cherry Hill, from the vantage point of Employee Road.

Here's the arrest report from the Sheriff's Office:

John P. Cryan, 18, of Darwit Drive, Amherst, is charged with obstructing governmental administration, 2nd, criminal trespass, 3rd, resisting arrest, unlawful possession, of marijuana and possessing alcohol under age 21. Cryan allegedly, while being detained for possessing alcohol under age 21, fled on foot.  Cryan allegedly jumped a fence into the VIP parking area without permission and refused to be taken into custody. A quantity of marijuana was allegedly located in his backpack. Cryan was jailed on $500 bail.

Joseph J. Wheaton , 27, of Clark Street, Canandaigua, is charged with disorderly conduct after allegedly using obscene and abusive language in the entrance to the concert venue, which did cause alarm. Wheaton was jailed on $250 bail.

Kevin K. McCleary, 23, of Dawnbrook Lane, Williamsville, is charged with trespass after allegedly attempting to enter the concert venue after being ejected and told not to return. McCleary was jailed on $250 bail.

Matthew D. Battiston, 20, of Lehn Springs Drive, Williamsville, is charged with criminal trespass, 3rd, after allegedly climbing a fence and entering the Verizon cell phone tower just east of Darien Lake and began climbing up the tower.  Battiston was released on $125 pre-arraignment bail.

Kathryn D. Brown, 19, of Brenridge Road, E. Amherst, is charged with criminal trespass, 3rd, after allegedly climbing a fence and entered the Verizon cell phone tower just east, of Darien Lake and began climbing up the tower. Brown was released on $125 pre-arraignment bail.

Brendan J. Peters, 18, of Middle Avenue, Orchard Park, is charged with criminal trespass, 3rd, after allegedly jumping a fence to enter the concert venue.

Andrew R. Velezquez, 19, of Ontario Avenue, Hamburg, is charged with criminal trespass, 3rd, after allegedly jumping a fence to enter the concert venue. 

Karine J. Schojan, 21, of Prentiss Way, Henrietta, is charged with harassment, 2nd, after allegedly punching a security guard in the face.

Austin J. Dwyer, 20, of Downing Road, Arkport, is charged with trespass after allegedly attempting to climb a fence to enter the concert venue.

Heather M. Peterson, 27, of Clark Street, Canandaigua, is charged with trespass after allegedly refusing to leave the venue entrance after being denied entrance.

Brooke Ann Greiner, 21, of Highpoint Court, Orchard Park, is charged with harassment, 2nd, after allegedly biting a security guard while being ejected from the venue.

Brian G. Kirsch, 28, of Route 77, Varysburg, is charged with harassment, 2nd, after allegedly striking a female as he exited the concert venue.

The following individuals were cited for alleged consumption and/or possession of alcohol under age 21.

Amber R. Passarel, 20, of Hulberton Road, Holley
Jonathon T. Hughes, 19, of Lake Road, Brockport
Karl E. Daniel, 17, of Southwood Drive, Tonawanda
Nazzareno Masecchia, 17, of Admiral Road, Buffalo
Colin C. Hayden, 18, of Pinewood Terrace, East Aurora
Randall S. Gyergyek, 19, of Stolle Road, Elma
Joseph H. Boreanaz, 18, of Orchard Creek Lane, Rochester
Steven J. Voglmayr, 19, of Heim Road, Getzville
Joseph M. McFarland, 18, of Carolilly Court, East Amherst
David C. Simonetti, 18, of Mill Road, Rochester
Carmen C. Tentilucci, 17, of Orchard Creek Lane, Rochester
Kristen R. Sanseverino, 19, of Winchester Drive, Fairport
Jacy T. Karpovage, 16, of Saint Paul Blvd., Rochester
Erik C. Kleehammer, 20, of Scholfield Road, Rochester
Jacob J. Schmidt, 18, of List Avenue, Rochester
William C. Thieme, 18, of Mount Airy Drive, Rochester
Robert J. Spena, 18, of Pine Crest Drive, Rochester
Kelsey P. Butler, 20, of Thorton Road, Rochester
(name removed upon request), 20, of Deer Run, Willamsville
(name removed upon request), 20, of Fruitwood Terrace, Williamsville
Tyler J. McLaughlin, 19, of Burnwell Avenue, Lancaster
Michael P. Tomczak, 18, of Ludwig Avenue, Cheektowaga
Claire P. Raab, 17, of Hobby Lane, Orchard Park
Marcella L. Scorsone, 19, of Berkshire Street, Rochester
Paul M. Bradley, 20, of Washington Avenue, Elmira
Kelly M. Kulik, 20, of Sandridge Road, Alden
Bridget C. Brady, 20, of Elmwood Park, Tonawanda
Evan V. Brennan, 20, of Halsey Lane, Baldwinsville
Nicholas C. Orefice, 18, of Chainmaker Path, Baldwinsville
Tanner L. Bush, 20, of Hunt Road, Lakewood
Dylan J. Walsh, 20, of Stock-Brocton Road, Stocktown
Rachel E. Cunningham, 18, of Maple Street, Hornell
Matthew W. Schmidt, 20, of Miller Road, Getzville
Sarah S. Pawlak, 18, of Meadowbrook Acres, North Tonawanda
Mya J. Christy, 20, of Parkway Drive, Sinclaireville
Michael J. Lascola, 19, of Lockwood Lane, Lockport
Christian L. Portland, 19, of Willis Hill Road, Victor
Rachel M. Morganti, 20, of Kettle Run, East Aurora
Casey J. Maglier, 20, of Riverside Drive, Wellsville
Britta P. Hanna, 18, of South Lake Street, Hamburg
Julie A. McCann, 18, of Meadow Drive, Hamburg
Edward S. Barns, 19, of North Park Blvd., University Heights
Casey J. Olszewski, 19, of Amanda Lane, Cicero
Adam J. Grana, 18, of Maple Avenue, Niagara Falls
Catherine E. Ponsrock, 16, of Corneilius Lane, Baldwin Place
Alexander R. Chefalo, 18, of Norwood Avenue, Rochester
Joseph R. Sirianni, 20, of Emmett Street, Hornell
James A. Quirk, 20, of Allanvia Drive, Lockport
Connor P. Shank, 17, of Haines Street, Lockport
Dillon J. Hutchens, 17, of Onnalinda Drive, Canandaigua
Michael V. Pontillo, 19, of Bogue Avenue, Batavia
Britta J. King-Hamsik, 18, of Palmdale Drive, Williamsville
Nicholas J. Kowalski, 18, of Fieldbrook Drive, East Amherst
Shannon C. Danahy, 17, of Tuscarora Road, Buffalo
Matthew V. Pragel, 17, of Forrest Hill Drive, Williamsville
Ian P. McQuishon, 18, of Cresent Avenue, Buffalo
Corbyn D.D. Bothwell, 18, of Morris Avenue, Buffalo
Erika F. Douglas, 19, of Shadow Rock Lane, Clarance
(name redacted upon request), 18, of Chapin Parkway, Buffalo
Ariana M. Rabin, 18, of Hartford Avenue, Buffalo
Jahi K. Thorton, 18, of Wilks Avenue, Buffalo
Michael J. Supernault, 18 Nottingham Terrace, Buffalo
Julie M. Earsing, 20, of Broadway Road, Alden
Laura E. Daigler, 20, of Broadway Road, Alden
Ryan J. Wistner, 19, of Sagewood Terrace, Williamsville
Kyle J. Wistner, 19, of Sagewood Terrace, Willamsville           
Amanda M. Procknal, 19, of Pim-Oak Drive, Williamsville
Erin K. Brennan, 19, of Halsey Lane, Baldwinsville
Chelsea M. Costello, 19, of Riverside Drive, Hornell
Daniel E. Soos, 18, of Summerview Road, Williamsville
Nicholas C. Corbett, 19, of Bywater Court, Williamsville
Alexander J. Frate, 17, of Shannon Glen, Fairport
Zachary J. Beattie, 19, of Vanvoorhis Avenue, Rochester
Lori J. Nappo, 19, of Marilli Street, Buffalo
Alex R. Garretson, 20, of Eiseman Avenue, Kenmore
Correen L. Longbine, 19, of Milestrip Road, Orchard Park
Liam C. Norton, 18, of Michael Road, Orchard Park
Ryan M. Parker, 20, of Lynwood Avenue, Buffalo
Trevor E. Vargo, 19, of Benning Road, West Falls
Kathleen M. Ramsey, 18, of Lawrence Avenue, East Aurora
(name redacted upon request), 18, of Emery Road, South Wales
Colton A. Cole, 20, of Griswold Road, South Byron
Valimir R. M. Norman, 19, of Albert Drive, Lancaster
Jamie L. Reidy, 19, of Baywood Drive, Cheektowaga
David B. Williams , 18, of Walch Road, N. Tonawanda
Charles W. Schaab, 17, of Love Road, Grand Island
Antho J. Migliore, 18, of Belvoir Road, Williamsville
Simon Z. Yanni, 17, of Bowen Drive, West North Tonawanda

If you're wondering where the report is on all of the arrests at the Beach Boys concert at Darien Lake on Friday, here's a news flash: There weren't any.

Apparently, nobody urinated on another patron, nobody was arrested for trespass for jumping a fence to get backstage, nobody tried to shoplift from a vendor and nobody took a swing at a security guard.

There weren't even any citations issued for underage drinking.

Perhaps less surprising, there were also weren't any citations issued for unlawful possession of marijuana.

"It was a completely different crowd than what we usually deal with," said Sgt. Steve Mullen, of the Sheriff's Office.

Mullen said people entered the venue in an orderly manner -- forming a single line instead of the usual "mosh pit" of pushing and shoving to enter -- and alcohol consumption was mostly confined a couple of beers or a glass or two of wine (people brought their own glasses).

"They even picked up after themselves," Mullen said.

One deputy we spoke to said concertgoers even thanked him for being there.

The evening wasn't without conflicts. Getting out of the Darien Lake parking lot is apparently a frustrating exercise even on a night when the band draws less than 8,000 people.

One patron, Janice O'Rouke, posted on the D&C's Web site that the situation in the parking lot was "ugly," but what she describes was really pretty tame compared to what might occur at a Brad Paisley or Drake show.

Chief Deputy Gordon Dibble confirmed there were some tense moments in the parking lot as people tried to leave, but only one or two confrontations and "certainly less than normal."

Dibble:

No one would ever describe the parking lot situation as pleasant or fast, I'm sure. Thousands of vehicles exiting onto one state highway and one county road will never be pleasant or fast by any stretch of the imagination. The parking lot funneling to the exits will always cause conflict that sometimes becomes physical. Alcohol abuse is a significant factor. 

The Sheriff's Office routinely has as many as 10 deputies directing traffic at the end of the concerts with the goal of getting everyone out as quickly and as safely as humanly possible and yet it will take the last of the patrons as much as two hours to get on the road from a large concert.

Accidents in the traffic pattern will pull deputies from traffic direction duty and cause additional back ups. The State Police also have patrols in the area working to keep traffic moving. Traffic backed up to the park from the Village of Corfu is common even though the Corfu PD assists traffic through their village as best they can. 

Private parking lots along Sumner Road result in gridlock and heavy foot traffic mixed in with bumper-to-bumper vehicle traffic in poor lighting with no sidewalks and narrow, unimproved shoulders. 

People need to understand the limitations at this venue, study the routes in and out, be prepared to take an alternate route and expect delays both getting there and leaving. 

This is a very difficult venue to manage under these conditions.  

Even with the inherant difficulties with the venue, Dibble said, the crowd Friday was very easy to work with.

"While the parking lots are usually littered with bottles and cans after a concert, there were few and far between at the end of this one," Dibble said. "People were polite and considerate as they entered and left."

Mullen agreed.

"It was a mature crowd," Mullen said. "They were there to enjoy the concert and have a good time and not cause anybody else problems. It was an honor to be there to serve them and they were glad to have us there."

Jason D. Lang, 28, of 244 Liberty St., Batavia, is charged with falsely reporting an incident, 3rd, and aggravated harassment, 2nd. Lang is accused of calling 9-1-1 at 12:13 a.m., Saturday, to report hearing gunshots at a local hotel. Lang allegedly made the call twice. Batavia PD determined there were no gunshots at the hotel. Lang allegedly made several more calls to 9-1-1 "for no legitimate purpose." Lang was jailed on $5,000 bail.

Jamie E. Andrews, 28, of 15 School St., Batavia, is charged with reckless endangerment, 2nd, and assault, 3rd. Andrews is accused of driving on Swan Street and deliberately striking an acquaintance with her car. The alleged victim was treated and released at UMMC with a minor injury.  Andrews was jailed on $5,000 bail.

Philip A. Dodson, 21, of 662 N. Plymouth Ave., Rochester, is charged with harassment, 2nd. Dodson was arrested in Monroe County and turned over to Batavia PD. Dodson was arraigned in city court and released.

Tara L. Hall, 33, of 32 Brooklyn Ave., Batavia, is charged with harassment, 2nd. Hall is accused of threatening a neighbor during an argument.

Chad M. Johnston, 26, of 111 Liberty St., Batavia, is charged with criminally possessing a hypodermic instrument. Johnston is accused of possessing a hypodermic instrument inside his residence.

Luke W. Ritzenhaler, 29, of 67 Oak St., Batavia, is charged with criminal mischief, 4th, and harassment, 2nd. Ritzenhaler is accused of being in a fight at a location on Oak Street where he allegedly picked up another person and also threw an object at that person. He also allegedly damaged molding around a doorway.

Bruce V. Wiseley, 64, of 30 S. Main St., Batavia, is charged with disorderly conduct. Wiseley is accused of becoming unruly while at a business on West Main Street and shouting obscenities at employees.

Lyle Robert Henderson, 29, of Lakeview Avenue, Syracuse, is accused of a family court violation. Henderson was arrested in Oneida County and turned over to the Genesee County Sheriff's Office. Following arraignment, Henderson was jailed on $4,000 bail.

A fight in progress is reported at Austin Park in the city. Police just arrived.

UPDATE 7:01 p.m.: "You better swing down. It's a pretty large gathering," says an officer on scene to another. The incident had migrated toward Jefferson, then to Washington and Bank, verbal at that point. "It looks like now they're dispersing."

UPDATE 7:04 p.m.: There were estimated to be 30 or 40 people involved. "Now they're at Summit, looks like a fight is going on there."

UPDATE 7:13 p.m.: Now the group, or what's left of it, is moving back to Austin Park and an officer is remaining on scene to monitor the situation.

The following arrests were made by the Sheriff's Office on Saturday night in connection with the Rascal Flatts concert at Darien Lake.

Anna V. Brucket, 18, of  2nd Street, Geneseo, is charged with trespass for allegedly reentering the concert venue after she was previously ejected from the concert.

Justin R. Edder, 30, of Shirley Road, North Collins, is charged with trespass for allegedly reentering the concert venue after he was previously ejected from the concert.

Robert A. Pelusio, 22, of Frostholm Drive, Rochester is charged with unlawful possession of marijuana.

Sheriff's deputies issued tickets to 59 people for alleged possession of alcohol underage 21. The names of the individuals were not released.

A man who is a passenger on a Trailways passenger bus on Park Road in Batavia is reportedly threatening to shoot people once the bus arrives at its destination in Rochester. The bus driver is in a store asking that the man be removed from the bus. The suspect is described as 6 feet tall, wearing a yellow shirt and is said to be sitting in the seat right behind the driver. Multiple law enforcement units are responding.

UPDATE 12:48 p.m.: A Mercy ambulance is dispatched to the deli at 8204 Park Road to transport the man who allegedly made the threats to a mental health facility for evaluation.

Nicholas Adam Antonucci, 25, of 4192 Broadway Road, Alexander, is charged with burglary, 3rd, two counts of grand larceny, 3rd, and one count of grand larceny, 4th, following a traffic stop on Ellicott Street in Batavia on June 26. Sheriff's K-9 Deputy Brian Thompson stopped Antonucci to arrest him on a warrant out of Attica Town Court, which was ordered following an investigation of stolen four-wheelers and dirt bikes from homes in the Attica area. The suspect in the thefts was arraigned in Attica Town Court and put in Wyoming County Jail on $100,000 bail. In addition, a search warrant was executed at Antonucci's residence and a 2009 Dodge pickup truck was seized. The investigation is continuing and numerous charges are pending. Those working the case include Genesee County Sheriff's investigators Timothy Weis and Chris Kautz, State Police Investigator Scott Mills and Trooper John Szymkowiak, and in Wyoming County, Sheriff's Investigator Aaron Anderson, Deputy Steve Miller, Undersheriff Greg Rudolph and Lt. Ed Till.

Douglas Peter Pytlik, 30, of Linwood Avenue, North Tonawanda, is charged with disorderly conduct and was arraigned in Darien Town Court at 1 a.m. this morning. He is accused of walking westbound on Route 77, in the middle of the road, obstructing traffic from passing by him. Sheriff's Sgt. Gregory Walker made the arrest.

Brent Edward Bierman, 23, of Wadsworth Hill Road, Scion, is charged with driving while intoxicated, aggravated DWI -- driving with a BAC of .18 percent or higher, driving without headlights, and not wearing a seat belt. Bierman was arrested at 1:03 a.m. this morning following a traffic stop on Sumner Road in the Town of Darien. Sheriff's Deputy Jason E. Saile made the arrest.

The following people were arrested in conjunction with the Eric Church concert at Darien Lake Performing Arts Center on Thursday.

Jon A. Naumowicz, 36, of Meadowbrook Parkway, Cheektowaga, is charged with two counts of harassment, 2nd, public lewdness and criminal impersonation. Naumowicz allegedly urinated on a female and then got into a physical altercation with the female and a male acquaintance. When security officers intervened in the physical disturbance, Naumowicz displayed a gold badge and identified himself as a Cheektowaga Police Officer. Investigation revealed that Naumowicz had displayed a gold badge that identified Naumowicz as a volunteer firefighter and emergency medical technician.        

Elizabeth M. Czerniak, 22, of Fairview Drive, Alden, is charged with harassment, 2nd, trespass and criminal trespass, 3rd, for allegedly being in an area that she was restricted from being. When Czerniak was approached by security officers she allegedly fought with security guards.

Jamie D. Doelman, 20, of Fox Trace, Lancaster, is charged with two counts of harassment, 2nd, for allegedly striking two individuals in the face.   

Daniel J. Jankowiak, 23, of North Star Road, East Aurora, is charged with disorderly conduct and resisting arrest. Jankowiak allegedly interfered and caused a disturbance in the parking lot while deputies were conducting an investigation. When the deputies attempted to place Jankowiak into custody, he attempted to flee from the officers. Jankowiak was caught after a brief foot chase. 

Alicia M. Kessel, 22, of Tiverton Court, Derby, is charged with trespass. Kessel allegedly entered the concert venue after having been previously evicted from the concert.

David J. Vattes, 35, was arrested on a violation of probation warrant from Cattaraugus County. Vattes was turned over to the Cattaraugus County Sheriff’s Office.

Joseph E. Amadori, 19, of Tillen Road, Boston, is charged with DWI, Driving with BAC of .08 or greater and following too closely after an alleged accident in the parking lot. 

The following citations were issued for alleged underage possession and/or consumption of alcohol.

Thomas J. Coleman, 17, of East Avenue, Gasport. Coleman was also charged with unlawful possession of marijuana, for allegedly possessing a quantity of marijuana. 
Ashley E. Avino, 19, of Woodsfield Drive, Lakeview
Dylan J. Scinta, 17, of Huntingwood Drive, East Amherst
Alexander T. Miller, 18, of Golden Pheasant Drive, Getzville
Evan A. Lang, 18, of Forestbrook Court, Getzville
Rickard K. Woodrow, 18, of Garlow Road, Lewiston
Bridget N. Gromley, 17, of Danbury Lane, Kenmore
Sydney D. Phillips, 20, of Lovers Lane, Batavia
Patricia L. Larkin, 19, of Countryside Lane, Williamsville
(Name Removed Upon Request), 18, of Oakfield Lane, Williamsville
Stephanie A. Plair, 17, of Westminster Road, West Seneca
Taylor C. Petroff, 17, of Lake Avenue, Orchard Park
Paul W. Kucinski, 17, of Millcreek Drive, East Amherst
Kayla M. Bennion, 17, of Liberty Street, Arcade
Karolyn M. Frangos, 16, of North French Road, Amherst
Benedict C. Ferro, 17, of Emerald Trail, Williamsville
William M. Coyne, 16, of East Avon Road, Avon
Ashley J. Lyskawa, 17, of Pinehurst Court, East Amherst
Rebecca S. Czarniak, 19, of Fairview Drive, Alden
John Zaccarella, 16, of Slusarie Road, North Tonawanda
Daniel J. Harrington, 18, of South Transit Road, Lockport 
Dina M. Giancarlo, 18, of Crescent Court, Cheektowaga
Kathryn C. Horvatits, 18, of Katherine Street, Lancaster
Chad M. Mahoney, 19, Sunset Lane, Springville
Andrew J. Baranyi, 19, of Carriagehill Court, Williamsville
(name redacted upon request), 18, of Delemere Road, Williamsville
Ryan J. Winkler, 17, of Deer Ridge, Getzville
Michael A. Nowicki, 18, of Tiburon Lane, East Amherst
Dylan J. Coldiero, 20, of Tucarora Road, Buffalo
JoAnna M. Dunn, 19, of Twilight Lane, Hamburg

A 31-year-old Le Roy man who lives on School Street was arrested Wednesday and charged with one count each of criminal possession of a weapon, 4th, menacing, 2nd, and criminal possession of a controlled substance, 7th. All are Class A misdemeanors.

Tommy L. Mobley was arrested by Le Roy police after a reported disturbance on Hilltop Drive in the village in which he was allegedly chasing another person down the street with his vehicle. He also allegedly confronted the victim with a knife, threatening the victim and placing that person in fear of injury, according to information from Det. John Condidorio.

The disturbance allegedly started when Mobley thought the victim had unlawfully entered a relative's residence. During the investigation, a knife and cocaine were found, allegedly in Mobley's possession. Mobley was arraigned in Le Roy Town Court and released under supervision of Genesee Justice.

Robert Lee Hizer, of East Avon - Lima Road, Avon, is charged with: aggravated driving while intoxicated with a child in the vehicle under age 15 (Leandra's Law); driving while intoxicated; aggravated unlicensed operation of a motor vehicle, 3rd; improper signal; and not wearing a seat belt. Following arraignment, Hizer was jailed on $25,000 cash bail or $50,000 bond. The charges stem from the 32-year-old's alleged robbery of a convenience store on Lake Street in Le Roy on the morning of June 23, and then leading police on a pursuit. He is scheduled to appear in Le Roy Town Court at 1 p.m. on Monday, July 9. The case was investigated by Deputy Jason E. Saile.

Eric R. Swede, 24, of Perry Road, Pavilion, was arrested by Wyoming County Sheriff's deputies at his home on June 26 on an outstanding warrant for a violation of probation. He was arraigned in the Town of Covington Court and committed to the Wyoming County Jail without bail. He is scheduled to appear in the Covington courtroom on July 2 for further proceedings.

Kyle W. Nash, 24, of Route 5,  Stafford, is charged with criminal contempt, 2nd, for allegedly violating a stay away court order of protection which was issued June 25. The following day, he allegedly entered the residence of the protected person. He was issued an appearance ticket for July 3 in Stafford Town Court. The case was investigated by Deputy Frank Bordonaro.

In Genesee County Court today, attorney Earl Key, representing Jacquetta Simmons, the 26-year-old Batavia resident accused of punching a 70-year-old Walmart employee on Christmas Eve, asked Judge Robert C. Noonan a series of specific questions about how juries are selected in his courtroom.

Key was there with co-counsel Ann Nichols and Simmons for a hearing on motions filed by the defense and as things were wrapping up, Key wanted to be sure he understood Noonan's ground rules.

The information will be important because outside of court after the hearing, Key told reporters, "I definitely intend to go to trial."

From the time Key was first retained to represent Simmons, he's said there's more to the case than has been reported in the media.

Asked to elaborate, especially in context of having now reviewed video surveillance tapes from Dec. 24, Key's only example of misinformation was that it's been reported that the victim, Walmart employee Grace Suozzi, was near the front door working as a greeter. She was actually working as a cashier that day.

Asked if the tape showed anything else, such as whether Souzzi grabbed the bag from Simmons, Key said, "I'll let that come out at trial."

Today's hearing was scheduled to cover a series of motions filed by Key, including a challenge to the constitutionality of a section of New York law that makes it a felony for a younger person to hit somebody over age 65.

This motion was supposed to be heard a week ago, but the Attorney General's Office was not notified of the challenge as required by law.

The AG's office has now been notified, but the letter did not include notice of today's scheduled hearing, so Noonan set another date, July 16, for the hearing.

Noonan said if history is any indication, the AG's office will not send a representative to the hearing, but rather write the court and inform Noonan that it opposes the challenge but reserves the right to appeal if Noonan finds the law unconstitutional.

This is at least the second time the law has been challenged by a defense attorney. The first time was in Queens, and that attorney lost his motion, but Key said he's raising two additional matters not addressed by the previous attorney.

While he declined to elaborate on the differences, Key said the main issue he is challenging is the vague language of the statute.

"It's vague in meaning and unclear," Key said. "It’s unclear if our client had to know if the alleged victim was 65 years of age. That’s the real question here."

If there is a trial, jury selection will begin Aug. 20 in county court.

The July 16 hearing will also be the last opportunity for Simmons to accept any possible or potential plea offer. If no plea agreement is reached before Simmons leaves court July 16, she will either go to trial or have to accept an unconditional plea.

John A. Cabrera Jr., 22, with no permanent address, is charged with criminal mischief, petit larceny and conspiracy; Rosemary R. Waters, 26, with no permanent address, is charged with criminal possession of stolen property and conspiracy. Cabrera and Waters are accused of teaming up on a larceny at Tops Friendly Market at 7:30 p.m., Monday, when Cabrera allegedly used a rock to smash a window of a parked car and steal a purse from the front passenger seat.

Robert VanDyne, 30, of 46 South St., Le Roy, is charged with harassment, 2nd, and two counts of criminal mischief, 4th. VanDyne is accused of being involved in a domestic dispute early Sunday morning in which he allegedly grabbed a female's wrist and twisted a mobile phone out of her hand and then broke the phone, preventing the woman from calling 9-1-1.

Bradley Michael Crandall, 44, of Lake Street, Le Roy, is charged with DWI, driving with a BAC of .18 or higher and leaving the scene of a property damage accident. Crandall is accused of driving drunk in the Tops parking lot in Le Roy at 7:03 p.m., Tuesday, when he allegedly struck a parked vehicle and then moved his car to another parking space.

Medics are responding to aid a man who received a laceration in a fight at 7614 Oak Orchard Road in Elba. When the call came in, the dispatcher said the altercation "sounds very violent." Law enforcement is on scene. Elba Fire Department is also responding.

UPDATE 2:32 p.m.: The man is being taken to UMMC with several cuts on his right arm. Elba is back in service.

Jacob Anthony Gilmore, 26, of Alleghany Road, Darien, is charged with DWI, driving with a BAC of .18 or greater and moving from lane unsafely. Deputy Kevin McCarthy responded to a complaint at 3:57 a.m., Thursday, to a report of a vehicle in a ditch at 2180 Bennett Road, Darien, and following an investigation placed Gilmore in custody for allegedly driving drunk. Gilmore was jailed on $500 bail.

David B. Bruise Jr., 39, of Knapp Road, Akron, is charged with petit larceny and harassment, 2nd. Bruise is accused of shoplifting from Kmart. When Bruise left the store, he allegedly pushed an employee who tried to stop him from leaving. Bruise was located in the parking lot of Target and taken into custody.

Rosemary Renee Waters, 26, of Roosevelt Drive, Batavia, is charged with petit larceny, criminal trespass, 3rd, and false impersonation. Waters is accused of shoplifting at Kmart. When confronted by Kmart security and a Sheriff's deputy, Waters allegedly fled on foot. After a short pursuit, Waters was taken into custody. Waters was allegedly banned from Kmart because of a previous shoplifting complaint. While being processed on the arrest, Waters allegedly provided Deputy Howard Carlson with a false name and false date of birth.

Kyle William Nash, 24, of Main Road, Stafford, is charged with endangering the welfare of a child, unlawful imprisonment, 2nd, and harassment, 2nd. Nash is accused of arguing with another person, pushing that person to the floor and holding that person down for a period of time. The alleged incident occurred within close proximity to a 2-week-old infant.