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February 17, 2018 - 2:14am
posted by Howard B. Owens in accident, news, Darien.

darianaccfeb172018.jpg

A motor-vehicle accident is reported in the area of 1964 Broadway, Darien.

There are wires down with reports of power outages in the area.

A semi-truck and possibly a pickup truck are involved.

Unknown injuries.

A first responder on scene says the pole is sheared off and traffic lights are down.

Traffic is being shut down.

UPDATE 2:15 a.m.: It's a single pickup accident. The tractor-trailer clipped the lines as it was coming through, according to a law enforcement officer on scene.

UPDATE 2:20 a.m.: A fire hydrant was also sheared off. An area stone quarry delivering crushed rock needs to be notified that its trucks will need to find an alternate route for the time being due to the train derailment in Attica.

UPDATE 2:27 a.m.: DOT being notified that Route 20 will be closed for a few hours.

UPDATE 2:46 a.m.: There's a broken pole on Route 238 with a transformer on it. National Grid reports fewer than five customers affected by the power outage.

UPDATE 3 a.m.: Darien ambulance is transporting a patient to UMMC ECMC.

UPDATE 8:42 a.m.: Fire services went back in service about 6 a.m. Route 20 remains closed. Roadblocks now covered by deputies.

UPDATE 8:52 a.m.: Route 20 is reopened.

UPDATE: Carter S. Dale, of Attica, has been identified by the Sheriff's Office as the driver of the pickup truck. He has been charged with DWI, moving from lane unsafely and not wearing a seatbelt. According to the Sheriff's Office, Carter was driving a Ford F-250 that went off the north shoulder of the roadway and struck a utility pole, street light pole, and a street sign, before coming to rest. A tractor-trailer traveling through the area at the time snagged low-hanging wires. The accident was investigated by Deputy Ryan Young, Sgt. John Baiocco, and Deputy Jeremy McClellan. Assisting with the scene were Darien fire and Alexander fire, the State Police, National Grid, Monroe County Water Authority, DOT and gas and cable companies. 

Reader submitted photo.

February 16, 2018 - 3:51pm

Submitted photos and press release:

The Alternative Fuel Vehicles & New Technologies four-hour class was offered by the Genesee County Office of Emergency Management Services in conjunction with the NYS Office of Fire Prevention and Control on Feb. 12 at the Fire Training Center.

It was attended by 63 fire personnel from Genesee County and the surrounding area.

Information about the hazards of the new fuels such as methanol, compressed natural gas and electric power; as well as the pressures created within fuel cylinders was addressed in addition to safety information on other possible hazards related to alternative fuel vehicles. State Fire Instructor David Harrington also addressed the changing technology of the automobile. 

Genesee County participants included: 

Alabama

Aron Kehlenbeck

Gary Patnode

William Schutt

Ryan Thompson

Todd Thompson         

Town of Batavia

Josh Boyle         

Daniel Coffey         

Paul Dibble         

Gary Diegelman         

Clayton Gorski

Stephen Kowalzyk

Scott Maloy

Ian Sanfratello

Tyler Stewart

Robert Tripp

Ray Zwolinski

Corfu

Mitchell Bates         

Cyle Felski

Kristen Gaik

James Hale

Tyler Lang

Matthew Lenhard

Rob McNally

Steve Rodland

Lori Ann Santini

Brian Schollard

Daniel Smith

Jacob Stiles

Ben Trapani

Ray Zwolinski

Darien

Joe Marino

David McGreevy

Tim McGreevy

Brandon Scott

Mark Starczewski         

Elba

Jennifer Cardinali

Michael Heale

Tim Hoffarth

John Mudrzynski

Michael Pfendler

Michael Schad

Oliver Shuknecht

Megan Tabor

Nathan Tabor

George Underhill

Bob Zipfel         

Caitlin Zipfel

Conor Wilkes        

Stafford

Rodney Bobo         

Samantha Call

Ken Collins

Ronald DeMena

Tim Eckdahl

Matt Hendershott

Randal Henning

Steve Johnson

Ashley Swatzenberg

February 9, 2018 - 3:48pm
posted by Billie Owens in news, Milestones, batavia, pembroke, Darien, Alabama, Oakfield.

Press release:

Newly elected Genesee County legislators Gordon Dibble (District 3, towns of Pembroke & Darien), John Hilchey (District 1, towns of Alabama & Oakfield), and Gary T. Maha (District 9, Wards 4 & 5, City of Batavia) attended an Orientation Program for Newly Elected and Appointed County Officials, sponsored by the New York State Association of Counties (NYSAC) at its annual Legislative Conference held in Albany Jan. 29-31.

Topics of discussion and presentations included an overview of the New York State Association of Counties; New York State Open Government Laws; Major Policy Issues Affecting Counties; Introduction to County Finance and Budget Issues; County Government Structure in New York State; Ethics in Government; Adopting Local Laws; and Role of the Clerks of Legislative Boards.

Approximately 70 newly elected and appointed county officials attended the training program, and upon completion were awarded Certificates of Achievement by NYSAC’s County Government Institute and Cornell University.

February 7, 2018 - 12:53pm
posted by Howard B. Owens in crime, batavia, news, notify, elba, Darien.
laffosseismaelmug.jpg
      Ismael Laffosse

Ismael L. Laffosse, 31, Fisk Road, Akron, is charged with second-degree attempted assault, second-degree menacing, third-degree criminal mischief, and criminal possession of a weapon, 4th. Laffosse is accused of striking another person with a baseball bat and damaging that person's personal property. The incident was reported at 6:54 p.m., Jan. 29, at a location on Apollo Drive, Batavia. The victim suffered serious injuries but has been released from the hospital.

Armando L. Carrion-Rojas, 23, of McCall Road, Greece, is charged with criminal mischief. Carrion-Rojas is accused of breaking the driver's side mirror of his girlfriend's car at 1:50 p.m. Monday at a location in Le Roy, and of damaging a residence door after his girlfriend locked him outside the residence. He was jailed on $500 bail or $4,000 bond.

Derek James Wert, 36, of Tracy Avenue, Batavia, is charged with criminal contempt, 2nd. Wert allegedly contacted by electronic means a person he was ordered by a judge not to contact. Wert was jailed on $1,000 bail.

Ronald F. Ratulowski, 44, of Eleanor Place, Batavia, is charged with third-degree assault. Ratulowski was arrested on a warrant. The original incident was reported at 11 p.m. Sept. 10 at a location on Eleanor Place. No further details released.

Bonnie L. Cortright, 30, West Main Street, Batavia, was arrested on two City Court warrants. The reason for the warrants was not released. She was released on her own recognizance.

Kevin Andrew Rivera, 23, of Batavia Stafford Townline Road, Batavia, is charged with third-degree criminal mischief. Rivera allegedly broke the window of a College Village dorm room at 10:56 p.m. Monday.

Nicholas Gerald Schafer, 19, of Broadway Road, Darien, is charged with DWI, driving while impaired by drugs, driving while ability impaired by the combined influence of drugs and alcohol, and parking violation on a highway. Deputy Kyle Krzemien was dispatched at 4:17 p.m. June 30 to Batavia Elba Townline Road, Elba, to investigate a complaint of a subject passed out in a vehicle. Following an investigation, Schafer was charged.

Jeremiah D. Williams, 26, of Batavia, was arrested by State Police following a revocation of parole. He was ordered held in jail.

An 18-year-old resident of Batavia is charged with petit larceny. The defendant was arrested on Goade Park. The incident was reported at 6:17 p.m. Monday in Kendall. The arrest was made by State Police at 6:10 a.m. Tuesday. No further details released.

Katrina P. Giummo, 29, of Corfu, is charged with petit larceny. Giummo is accused of a theft reported in Corfu at 1:18 p.m. Monday. She was arrested by State Police. No further details released.

January 24, 2018 - 10:43am
posted by Howard B. Owens in crime, news, corfu, Darien.

Brandi Elizabeth Schmiedicker, 24, of Genesee Street, Corfu, is charged with DWI, speed not reasonable and prudent, moving from lane unsafely. Schmiedicker was charged following an investigation into a motor-vehicle accident by Deputy Mathew Clor that was reported at 1:14 a.m. today on Genesee Street, Darien.

January 23, 2018 - 1:23pm
posted by Howard B. Owens in darien lake theme park, darien lake, Darien, business.

Press release:

Darien Lake Theme Park’s 2018 season will feature two unique, thrilling performers, Magical Entertainer Aaron Radatz and Hypnotist Tammy Barton, as part of the amusement park’s free in-park entertainment lineup.

Dubbed “the magical entertainer to see” by Time Magazine, Radatz started performing at the young age of 6 and quickly turned his grandmother's gift of a magic set into a full-time hobby. Today, Radatz is the newest star to hit the magic entertainment scene. He has studied with many of the masters of magic including Harry Blackstone (Jr.) and recently completed his first 6-month run headlining a casino on the Las Vegas strip. He is also a featured magician on the CW Network’s global sensation TV series “Masters of Illusion.”

Radatz is also the only magician who has been commissioned by the U.S. Pentagon for a command performance for the U.S. military. His dedication to the troops has earned him awards, including such high honors as the Commander’s Coin of Excellence and the Scroll of Appreciation of Honor and Admiration.

Barton has been performing as a professional stage hypnotist since 1993. She began her career working with her parents, both of whom are certified hypno-therapists. She quickly realized that hypnosis performed correctly could be both entertaining and educational at the same time, and could allow her to obtain any goal she set for herself.

In every show, Barton selects willing volunteers from the audience and then puts them into a state of hypnosis. She then guides them though a journey of the mind in which the volunteers act on suggestions she provides. Only the imagination of her volunteers will limit their journey.

Radatz and Barton both performed during the 2012 season and the park is thrilled to welcome them back this year.

“These daily in-park shows are high-quality family-friendly entertainment for all of our guests,” said Chris Thorpe, Darien Lake general manager. “Both Tammy Barton and Aaron Radatz are thrilling, unique performers and we are excited to welcome them back to the Darien Lake for what promises to be a wonderful summer.”

Also returning in 2018 is Ignite the Night, Darien Lake’s nightly laser extravaganza. Music, water, fire, video and pyrotechnics all come together for this laser light spectacular in the air, on the stage and all around, which runs beginning in late May through Labor Day Weekend.

For more information about the park or to purchase a season pass, visit DarienLake.com.

January 22, 2018 - 9:17am
posted by Howard B. Owens in crime, Stafford, batavia, news, Bethany, Darien.

Shannon Marie Denison, 34, of Colony Run, Attica, is charged with petit larceny. Denison is accused of shoplifting from an undisclosed location on Veterans Memorial Drive.

Nicholas Christian Doell, 27, of Lippold Road, Darien, is charged with criminal contempt, 2nd. Doell allegedly violated a stay away order of protection at 3:20 p.m. Sunday.

James Courtney Presley, 35, of Frances Street, Rochester, is charged with aggravated unlicensed operation, no tail lamps, and driver's view obstructed. Presley was stopped at 10:10 p.m. Wednesday. He was jailed on $250 bail or $2,500 bond.

Kenneth D. Barnhardt, 51, of Mt. Morris, is charged with unlawful possession of marijuana and speeding. Barnhardt was stopped at 3:52 p.m. Saturday on Route 33 in Stafford by State Police.

Carl T. Amesbury, 25, of East Bethany, is charged with petit larceny. Amesbury is accused of shoplifting from a location in the Town of Batavia. He was arrested by State Police. No further details released.

January 20, 2018 - 12:23am
posted by Billie Owens in crime, batavia, Darien, news.

Charles Thigpen-Williams AKA "Gus" or "Gusto" is indicted for the crime of criminal possession of a controlled substance in the fifth degree, a Class D felony. It is alleged that on July 19 in the City of Batavia that the defendant knowingly and unlawfully possessed a controlled substance -- cocaine -- and it weighed 500 milligrams or more. In count two, he is accused of criminal possession of a weapon in the third degree, a Class D felony. It is alleged in count two that on the same date in the city Thigpen-Williams possessed a firearm -- a Ruger model P89 9mm with a specified serial number -- and he had previously been convicted of a crime. In Special Information filed by the District Attorney's Office, the defendant is accused of having been convicted of the crime of criminal possession of a controlled substance in the fifth degree, a Class D felony. That conviction was on July 20, 2010, in Genesee County Court, and it forms the basis for count two in the current indictment.

Gregory D. Metz is accused of the crime fo driving while intoxicated as a Class E felony. It is alleged that on Aug. 10 in the Town of Darien that Metz operated a 1999 Cadillac on Sumner Road while in an intoxicated condition. In count two, Metz is accused of having a BAC of .08 or more at the time. In Special Information filed by the District Attorney, Metz is accused of having been convicted of DWI as a misdemeanor on Feb. 19, 2009, in Batavia City Court and that conviction was within 10 years of the crimes alleged in the current indictment.

January 18, 2018 - 12:47pm
posted by Howard B. Owens in accident, news, Darien.

A semi-truck has gone off the road and hit a fire hydrant in front of Darien Lake Theme Park on Route 77, Darien.

The truck jackknifed.

The driver does not appear to be injured. A deputy is on scene.

Darien fire and ambulance requested to the scene.

UPDATE 12:55 p.m.: There is no water leak from the hydrant.

January 12, 2018 - 11:54am
posted by Howard B. Owens in crime, pembroke, Darien, Pavilion, batavia, notify, news.

Brian Thomas Resch, 30, of Buffalo Road, Bergen, is charged with promoting prison contraband. Resch is accused of possessing Suboxone while confined in the Genesee County Jail.

Stephen Everett Pike, 21, of Big Tree Road, Pavilion, is charged with harassment, 2nd. Pike is accused of grabbing another person by the arm and pushing that person during an argument, reported at 6:28 p.m. Wednesday at an address on Big Tree Road, Pavilion.

Jeffery S. Zymowski, 54, of Sandridge Road, Alden, is charged with DWI, driving with a BAC of .08 or greater, no seat belt, and driver's view obstructed. Zymowski was stopped at 4:35 p.m. Tuesday on Broadway Road, Darien, by Deputy Kyle Krzemien.

Gregory S. Mitchell, 19, of Clarence Center, was arrested on an arrest warrant and charged with unlawful possession of marijuana. Mitchell was arrested in Pembroke by State Police. No further details released.

Michael E. Welles, 20, of Holley, is charged with unlawful possession of marijuana. Welles was stopped by State Police at Bloomington Road and State Route 77, Alabama.

William D. Annis, 36, of Batavia, is charged with conspiracy, 6th, and petit larceny, and Jeanine D. Mercado, 31, of Batavia, is charged with conspiracy, 6th, possession of burglary instruments, and petit larceny. Annis and Mercado were arrested by State Police in relation to an incident reported at 10:27 a.m. Wednesday at Kohl's Department Store.

January 9, 2018 - 10:50am
posted by Howard B. Owens in darien lake theme park, darien lake, Darien, business.

Press release:

Live Nation and Darien Lake Theme Park are thrilled to announce that due to overwhelming demand, concertgoers will once again get free same day Theme Park access with each paid Amphitheater concert ticket in 2018. The wildly popular promotion started in 2017 as part of Darien Lake Amphitheater’s 25thseason.

“This was truly the deal of the Summer last year and we couldn’t be happier to be partnering again with the theme park to bring the best value in entertainment in Western New York,” said Jim Koplik, Live Nation president of Upstate New York and Connecticut.

This year is already shaping up to be a great one for music fans and thrill seekers alike at Darien Lake. The amphitheater has announced two shows to date, including Kesha and Macklemore on July 22 and Niall Horan with Maren Morris on Sept. 7, with many more shows being announced in the coming months. Darien Lake Theme Park recently announced the amazing new 98-foot vertical coaster, Tantrum, opening this Summer that will be a ride not to miss.

“We’re excited to partner with Live Nation to offer free same day park admission for concertgoers again this season and know we will thrill them with our new Tantrum coaster, ensuring all guests can rock and ride all summer long,” said Chris Thorpe, general manager of Darien Lake Theme Park.

To redeem the offer, guests will show their concert tickets at the Theme Park’s main gate for same day validation and admission.

The offer is not valid in conjunction with any other Darien Lake Theme Park offer and is nontransferable. Free Theme Park access is only valid the same day as the concert ticket and is only valid on purchased tickets and not valid on complementary concert tickets. For concerts occurring on days the theme park is not operating, purchasers can present their concert ticket for free admission at the Theme Park’s main gate for any other operating day after the concert.

January 6, 2018 - 2:51pm
posted by Billie Owens in Announcements, Milestones, Darien.

Press release:

Hon Gary A. Graber, Town Justice, Town of Darien, recently completed the Special Consideration for the Rural Court Judge Course, a six-week Web based course provided by the National Judicial College.

Judges in rural courts throughout our nation share a unique circumstance marked by these issues: isolation, underfunding, lack of collateral social services in the community, and a high public profile.

This faculty-led online course shares techniques and experience from rural judges in meeting these challenges, and provides tools and suggestions to the participants which can be adapted in their courts as circumstances warrant.

This course is tailored to rural court judges in more sparsely populated communities and jurisdictions. This faculty-led online course offers a convenient way to learn skills particular to the special nature of judging within a rural area.

Key topics included:

  • Identify areas of professional and personal isolation resulting from your service on a rural bench;
  • Analyze the role of a judge on the Adjudicator and Agent-of-Change Continuum;
  • Identify and analyze provisions of the Code of Judicial Conduct addressing issues of particular challenge to the well-known rural judge;
  • Identify the ethics pitfalls in dealing with disruptive defendants and litigants;
  • Analyze how the rural judge can remain involved in his or her community within the context of proper judicial conduct;
  • Recognize the threats to judicial independence resulting from recent efforts to inject politics and social or economic agendas into court decisions;
  • Identify the purpose and limits of the inherent power of the court and how to effectively deal with other branches of government;
  • Create a plan to deal with threats and emergencies;
  • Recognize the phenomena of implicit bias.

Since its founding more than 50 years ago, The National Judicial College has been the nation’s premier judicial education institution. The NJC pursues its mission of "education | innovation | advancing justice" with the support of individuals and organizations dedicated to preserving and improving the rule of law.

Its supporters include scores of active and retired judges and attorneys along with government agencies and private foundations. Teaching at the NJC is a high honor, and most NJC courses are taught by judges who volunteer their time. The same is true of the members of the NJC’s boards of trustees and visitors.

Justice Graber has served as a NJC faculty member since 2008.

January 6, 2018 - 6:19am
posted by Howard B. Owens in Darien, news.

More than 700 National Grid customers in Darien are without power this morning.

The outage began about an hour ago and National Grid estimates that power will be restored about 7:15 a.m.

The area of the outage is from the county line on the west to Bowen Road, and from the county line on the south to just south of Darien Lake Theme Park.

We have no information on the cause of the outage.

January 5, 2018 - 6:04pm
posted by Billie Owens in Darien, news, snowmobiling, sports.

Press release:

NYS Snowmobile Safety course will be taught at Darien Fire Hall, from 7 to 10 p.m. on Wednesday Jan. 10 (Part 1), and from 9 a.m. to 3 p.m. on Saturday Jan. 13 (Part 2).

The fire hall is located 10537 Alleghany Road (Route 77) in Darien.

The course is free to children from 10 to 18 years of age. New York State’s Snowmobile Law requires that youngsters ages 10-18 acquire a safety certificate before they may lawfully operate a snowmobile. Youngsters may qualify for their safety certificates by taking an eight-hour safety course and passing the examination given at the end of the course.

The course and all materials are furnished free. The course is also open to adults.

The instructors for snowmobile Safety Course are certified by NYS.

You must sign up for the course and attend both classes where you register. Those who pass the written exam will be issued a patch, certificate, and a license.

If your child is interested in taking the course and would like to lawfully drive a snowmobile, preregister by calling 585-599-6431 after 5:30 p.m.

The class is sponsored by the Millgrove Sportsmen Club, Darien Fire Hall, Genesee Sno-Packers Snowmobile Club.

January 2, 2018 - 9:00am
posted by Billie Owens in crime, Grand Jury, news, notify, Oakfield, batavia, Darien, Alabama.

Michael A. Shetler is indicted for crimes which allegedly occured in the Town of Oakfield in November. In count one, he is accused of third-degree assault, a Class A misdemeanor. It is alleged that on Nov. 4 Shetler intentionally caused physical injury to another person. In count two, he is accused of fourth-degree criminal mischief, also a Class A misdemeanor, for allegedly intentionally damaging the property of another person -- a cell phone -- on Nov. 4. In count three the defendant is accused of the crime of endangering the welfare of a child, another Class A misdemeanor. It is alleged in count three that on Nov. 5 Shetler knowingly acted in a manner likely to be injurious to the physical, mental or moral welfare of a child less than 17 years old. In count four, the defendant is accused of criminal obstruction of breathing or blood circulation, a Class A misdemeanor, for allegedly applying presuure on the throat or neck of a person "while in the kitchen near the door to the residence." In count five, Shetler is accused of criminal obstruction of breathing or blood circulation on a second occasion on Nov. 5. In count six, the defendant is accused of unlawful imprisonment in the second degree, a Class A misdemeanor, for allegedly restraining a person on Nov. 5. In counts seven and eight, Shetler is accused of second-degree strangulation, a Class D violent felony. It is alleged in counts seven and eight, respectively, that on Nov. 7 Shetler intentionally impeded the normal breathing or blood circulation of another person by applying pressure to the throat or neck of the person, thereby causing stupor, loss of consciousness for any period of time, and/or any other physical injury or impairment while in the bedroom and again while in the bathroom of the residence. In count nine, he is accused of another count of unlawful imprisonment in the second degree for allegedly restraining a person on Nov. 7. In count 10, this man is indicted on another count of third-degree assault for allegedly intentionally injuring a person on Nov. 7. In count 11, he is accused of criminal obstruction of breathing or blood circulation of a person on Nov. 11. In count 12, Shetler is accused of fourth-degree criminal mischief for a second time for allegedly intentionally damaging a person's cell phone on Nov. 11.

James J. Spivey is indicted for the crime of second-degree robbery, a Class C violent felony. It is alleged that on Oct. 25 in the City of Batavia that Spivey forcibly stole property when he was aided by another person who was present. In count two, he is accused of attempted second-degree assault. It is alleged in count two that in the commission, or attempted commission of a felony -- second-degree robbery -- that he or another participant attempted to cause physical injury to a person not involved in the commission of the crime. In count three the defendant is accused of second-degree attempted assault. It is alleged in count three that on Nov. 28 in the City of Batavia that with intent to injure another person, he did so by means of a dangerous instrument -- his footwear.

Lionel J. Anderson Jr. / AKA "PJ" is indicted for the crime of second-degree assault, a Class D violent felony. It is alleged that on Nov. 28 in the City of Batavia that the defendant intentionally caused physical injury to another person by means of a dangerous instrument -- "a street curb and/or a belt."

Robert C. Paris is indicted for the crime of driving while intoxicated as a Class E felony. It is alleged that on Oct. 7 Paris drove a 2000 Chevrolet on Route 63 in the Town of Batavia while in an intoxicated condition. In Special Information filed by the District Attorney, Paris is accused of having been convicted of DWI as a misdemeanor on April 27, 2016 in Batavia City Court and that conviction was within 10 years of the commission of the crime alleged in this indictment.

Robert R. Greiner III is indicted for the crime of driving while intoxicated as a misdemeanor. It is alleged that on June 3 in the Town of Darien that Greiner drove a 2015 Nissan while intoxicated. In count two he is indicted on DWI, per se, as a misdemeanor for allegedly having a BAC of .08 percent or more at the time. In count three the defendant is accused of the crime of unauthorized use of a vehicle in the third degree, a Class A misdemeanor. It is alleged in count three that on June 3 in the Town of Darien that Greiner drove the Nissan knowing that he did not have the owner's consent to do so.

John R. Clee is indicted for the crime of criminal possession of a forged instrument in the first degree, a Class C felony. It is alleged that on July 15 in the Town of Alabama that he intended to defraud, deceive or injure another party by knowingly possessing a forged instrument -- a counterfeit $50 bill in U.S. currency.

December 21, 2017 - 5:54pm
posted by Howard B. Owens in crime, Darien, pembroke, news, notify.

davidatkinsonmug2017.jpg

David K. Atkinson abuses women and the risk is great that he's beyond rehabilitation, Judge Charles Zambito decided in Genesee County Court this afternoon as he sent Atkinson to state prison for 15 years.

His victim, a former Pembroke resident, said only a sentence of 10 to 15 years could help her feel safe, though she fears her life will never be as good as it was before Atkinson attacked her, threatened her with a claw hammer and forced her to perform oral sex on him while he live-streamed it to another man in Darien.

She said her life is filled with fear and anxiety. She can't return to the house where she lived, even though she's still paying the mortgage, and she suffers from PTSD (Post-traumatic Stress Syndrome) and frequent nightmares.

"I can't stop imagining David breaking into my house despite the doors being locked," she said. "I can picture him chasing me down in my house and beating me. I picture him beating and killing my children. I picture him raping and killing me. I don't feel safe no matter how many counseling sessions I go to. I can't escape the nightmares."

The 39-year-old Atkinson was found guilty following a jury trial in August of criminal sexual act in the first degree.

He testified at his own trial and denied all of the woman's allegations. He didn't deny the sex act. He said it was consensual and described it as "make-up sex" after an argument because he found text messages on the woman's phone to another man -- the man in Darien.

By this time, the woman and Atkinson had long been out of a relationship and Atkinson supposedly had another girlfriend, but he said he and the victim continued to have a casual sexual relationship, which he said was proof that he didn't force her into a sex act.

During the trial, there was a woman who sat in the front row as a supporter of Atkinson.

After the trial, Atkinson was released on bond and he traveled to North Carolina with the woman. His sentencing was scheduled for Nov. 21 but he missed that court date.

On that date, he was in jail in North Carolina for allegedly strangling the woman who had been his ally during the trial.

A common thread between the North Carolina incident and the attack on the woman locally: An empty bottle of Evan Williams bourbon was found at both scenes, said Robert Zickl, assistant district attorney.

Atkinson also has a prior misdemeanor conviction, from 2013, for abusing his first wife in Erie County.

The victim, in this case, described Atkinson as charming and that he seemed like a dream come true when they first met.

She said she was feeling good about her life when they met. She was four years clean after overcoming an addiction and adjusting to life as a single mother. She had a good job, had bought a house and was making her mortgage payments.

She let Atkinson move in with her and soon the trouble started. First, he refused to work. He wasn't contributing at all financially to the household. Then, she said, he starting insulting her and the kids. 

When she tried to get him to move out, he threatened her and threatened to damage her house and her belongings.

"I felt trapped and didn't know what to do," she said.

Then Atkinson found a new girlfriend and the woman thought that would solve her problems. It didn't. Atkinson didn't leave.

One night he scrolled through the messages on a mobile phone and found a non-romantic conversation between the woman and the man in Darien. That started a fight and eventually the forced, live-streamed sex act over messaging.

"I miss the way my life was before that night," the woman told Zambito.

A 10- to 15-year sentence might not only help her find some peace of mind, she said, but it would also protect other women.

"You can save other women before another woman becomes another victim," she said. "Please help save another woman from becoming a victim of David Atkinson."

Zickl opened his statement to Zambito with, "I don't know when (the victim) wrote her statement, but it could be considered prophetic." 

He then described the alleged attack and arrest of Atkinson in North Carolina.

Zickl sought the maximum term for Atkinson of 20 to 25 years. He noted that a sentence, in this case, was neither for rehabilitation nor for deterrence. Clearly, he said, deterrence wouldn't work in this case because he already attacked another woman.

"He did that knowing you would hear about it and it would affect his sentence in this court," Zickl told Zambito.

Atkinson made no statement in court.

Zambito presided over the trial in August and remembered the defendant's denials.

"I heard the testimony," Zambito said. "I also heard from the victim about your brutality and the significant affect it had on her. It doesn't need to be recited here again. You claimed it was consensual. You blamed it all on her. This happened, you said, because she was unfaithful to you. You portrayed yourself as the victim. That's perhaps the most disturbing thing here. You testified, and the jury didn't believe you and I don't believe you either. I believe her."

December 19, 2017 - 2:28pm
posted by Billie Owens in crime, news, notify, Darien, Le Roy, batavia.

Davon St. John is indicted for the crime of second-degree burglary, a Class C violent felony. It is alleged that between Sept. 27 and 28, the defendant knowingly entered or remained unlawfully inside a dwelling on Ellicott Avenue in the City of Batavia with the intent to commit a crime. In count two, he is accused of petit larceny, a Class A misdemeanor, for allegedly stealing $180 in U.S. currency and other items. In count three, St. John is again accused of second-degree burglary for allegedly unlawfully entering the same dwelling on Ellicott Avenue between Nov. 18 and 19 with intent to commit a crime. In count four, he is accused of petit larceny for allegedly stealing an HP laptop, book bag, calculator, butcher knife and Samsung Electonic Tablet in the second break-in. In count five, the defendant is accused of a third instance of second-degree burglary at the same address between Nov. 20 and 21. In count six, he is accused of fourth-degree grand larceny, a Class E felony, for allegedly stealing a 2004 Jeep valued at more than one hundred dollars. In count seven, St. John is accused of petit larceny for allegedly stealing a 40-inch Vizio television in the City of Batavia between Nov. 20 and 21. In counts eight and nine, he is indicted for second-degree burglary for allegedly unlawfully entering a dwelling on Montclair Avenue in the city on Nov. 21 with the intent to commit a crime. In count 10, he is accused of third-degree grand larceny, a Class D felony, for allegedly stealing property on Nov. 21 in the city that had a value of more than $3,000 -- in this case a MAC Book Air, Harman Kardon Wireless speakers, MAC Magic mouse, Apple Series 2 watch, Alexa Echo Show, $400 in U.S. currency, silver coins, Halloween candy, four gold chains, a gold dome ring and four blank (bank) checks. In counts 11 and 12, St. John is accused of fourth-degree criminal mischief, a Class A misdemeanor. It is alleged in counts 11 and 12 that he intentionally damaged the property of another person. In this case, a door and glasses, respectively. In count 13, he is accused of a sixth count of second-degree burglary for allegedly unlawfully breaking into a dwelling on Union Avenue with the intent to commit a crime. In counts 14 and 15, he is accused of criminal possession of a firearm, a Class E felony. In counts 14 and 15, it is alleged that on Nov. 21 in the City of Batavia that St. John illegally possessed, respectively, a .357-caliber Smith & Wesson revolver and a Glock firearm. In count 16, the defendant is accused of stealing property (unspecified) on Nov. 21 in the city and is therefore indicted on another count of petit larceny. In count 17, he is indicted on a third charge of fourth-degree criminal mischief for allegedly intentionally damaging another person's property (unspecified).

Jeremy L Siplin is indicted for the crime of fourth-degree grand larceny, a Class E felony. It is alleged that on Nov. 17 in the Town of Batavia that Siplin stole property having a value in excess of $1,000 -- in this case, $2,292.84 worth of goods from Kohl's Department Store. In count two, he is accused of fifth-degree conspiracy, a Class A misdemeanor. It is alleged in count two that the defendant agreed with one or more persons to intentionally engage in, or cause the performance of, conduct that constituted a felony.

Joseph H. Merkley Sr. is indicted for the crime of driving while intoxicated as a Class E felony. It is alleged that on July 3 in the Town of Le Roy that Merkley drove a 1996 Ford on Perry Road and/or Route 19 while intoxicated. In count two, he is accused of aggravated unlicensed operation in the first degree, a Class E felony, for knowing, or having reason to know, that at the time his dirver's licensed in New York was suspended, revoked or otherwise withdrawn by authorities. It is further alleged in count two that he was driving under the influence of alcohol or a drug at the time. Also, in Special Information filed by the District Attorney, the defendant is accused of having been convicted of DWI Per Se on June 18, 2014 in the Town of Murray in Orleans County. It is further alleged in the Special Information that Merkley knew that his driving privilege was revoked as a result and that revocation was still in effect when the crimes alleged in this indictment occurred.

Joshua M. Bradley is indicted for the crime of driving while intoxicated as a Class E felony. It is alleged that on Aug. 4 in the Town of Darien that Bradley drove a 2005 GMC on Colby Road and/or Route 20 while intoxicated. In count two, Bradley is accused of DWI, Per Se, as a Class E felony. It is alleged in count two that he had a BAC of .08 or more at the time. Also, in Special Information filed by the District Attorney, Bradley is accused of having been convicted by DWI as a misdemeanor on Jan. 15, 2015 in the Town of Clarence, Erie County, and that conviction was within 10 years of the crimes alleged in this indictment.

December 10, 2017 - 3:43pm
posted by Howard B. Owens in accident, news, Darien.

A tractor-trailer has been reported on Route 77 in Darien, just south of the Darien Fire Hall.

No injuries are reported, but the roadway is blocked.

UPDATE 3:46 p.m.: Darien's fire police requested to Route 77 and Route 20 to shut down northbound traffic.

UPDATE 3:49 p.m.: Corfu requested to shut down southbound traffic at Route 33 and Route 77.

UPDATE 3:53 p.m.: A responder reports, "you've got tractor-trailers lined up Route 77." The initial caller left the scene. It's possible the original jackknifed truck was assisted by passersby. It should like slick road conditions are causing problems for other trucks.

UPDATE 3:56 p.m.: A responder reports, "what we have here is a car hauler stuck on the road. It remains to be seen if he can get out of here." Traffic is being shut down to give the Highway Department a "chance to catch up." It appears to be just the one car hauler stuck at this time.

December 6, 2017 - 1:05pm
posted by Howard B. Owens in crime, news, Darien, notify.

A 22-year-old Darien Center resident involved in a rollover accident yesterday morning has been charged with driving while impaired by drugs.

Devon M. Lennon is accused of driving his 2001 Toyota sedan east on Bowen Road at 11:54 a.m. when he missed a curve and left the roadway along the left shoulder of Bowen Road. The vehicle struck a mailbox and rolled over down a hill. The car came to rest on its roof.

According to the accident report by Deputy Lonnie Nati, Lennon said he looked down to light a cigarette, causing him to miss the curve.

Lennon, who was not injured, was also charged with driving left of pavement markings in a no-passing zone.

The Church Road resident was released on an appearance ticket.

November 28, 2017 - 3:47pm
posted by Billie Owens in news, batavia, crime, Grand Jury, notify, Stafford, Darien, pembroke.

Eddie L. Miles Jr. is indicted for the crime of unauthorized use of a vehicle in the second degree, a Class E felony. It is alleged that on May 18 in the City of Batavia that, knowing he did not have the owner's consent, he took, operated, exercised control over, rode in or otherwise used a vehicle -- a 2000 Mercury Sable. In count two, Miles is accused of criminal contempt in the second degree, a Class A misdemeanor, for allegedly intentionally disobeying or resisting the lawful process or other mandate of a court. In Special Information filed by the District Attorney, Miles is accused of having been convicted of the crime of unauthorized use of a motor vehicle in the third degree, a Class A misdemeanor. The Special Information filing says he was convicted of that on Nov. 13, 2007, in Town of Pembroke Court, which was within 10 years of the crime alleged in count one of this indictment.

Garnet R. Lyon II is indicted for the crime of aggravated unlicensed operation in the first degree, a Class E felony. It is alleged that on Sept. 22 in the Town of Stafford that Lyon drove a 2002 Toyota on Route 237 while knowing or having reason to know that his license to drive in New York was suspended or otherwise withdrawn by authorities. It is also alleged that he was under the influence of alcohol or a drug at the time. In count two, the defendant is accused of DWI, per se, as a misdemeanor, for allegedly driving while intoxicated. In count three, Lyon is accused of DWI, per se, as a misdemeanor, for having a BAC of .08 or more at the time.

Bryan B. Flanagan is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on July 13 in the Town of Darien that Flanagan drove a 2002 Chrysler on Route 77 while in an intoxicated condition. In count two, he is accused of DWI, per se, also as a Class E felony, for allegedly having a BAC of .08 or more at the time.

Nicholas E. Kaiser is indicted for the crime of driving while intoxicated as a Class E felony. It is alleged that on Aug. 13 Kaiser drove a 2017 Ford on West Main Street in the City of Batavia while intoxicated. In count two, he is accused of DWI, per se, as a Class E felony, for allegedly having a BAC of .08 at the time.

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