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Corfu mayor gets doctor's note, but it's unclear if he will take leave of absence

By Howard B. Owens

Corfu Mayor Ralph Peterson has a doctor's note excusing him from official duties for the next four months.

It's unclear, however, if Peterson intends to follow his doctor's advice and take a leave of absence.

Peterson's girlfriend reportedly dropped the note off at the village hall on Thursday. There was no letter with the doctor's note indicating what Peterson intended to do.

The note from a Pembroke doctor reads simply, "To Whom it May Concern: Ralph Peterson is a patient in our practice who has been advised to take a medical leave of absence until January 2, 2014."

Trustee Ken Lauer said he's unsure himself if Peterson is taking a leave of absence or just had the note dropped off.

"Our assumption initially was this was him stating he wouldn't be back until January second, but upon reflection I think we need a formal letter stating as much," Lauer said.

Lauer said Sandra Thomas, village clerk, sent a note to village attorney Mark Boylan on Friday asking whether the note should be treated as a notice of a leave of absence, but Boylan has not yet responded.

Peterson's first nine months in office have been tumultuous with numerous controversies. Within the past month, trustees voted unanimously to ask that he resign.

If Peterson didn't resign, the trustees voted, they would seek his ouster through the NYS Supreme Court.

On Monday, after learning that Peterson was hospitalized, reportedly for a stress-related condition, the board agreed to delay petitioning the State Supreme Court until Peterson was in better health.

Lauer said Peterson's doctor's note is just a variable in the process, but as far as he's concerned, the board should continue to pursue the mayor's resignation or seek his removal from office.

Batavia boy seriously injured in accident in Alabama

By Howard B. Owens

A Batavia boy was seriously injured this morning when the car he was riding in left the roadway on Ledge Road and struck a utility pole.

The car snapped in half with the rear passenger area skidding to the south shoulder near the pole and the front end of the car spinning about 30 yards ahead and stopping in the south shoulder just short of a corn field.

Shawn P. Wolcott, 10, was taken by Mercy Flight to Womens and Children's Hospital by Mercy Flight.

Shawn's condition reportedly improved after arriving at the hospital.

His father, Shawn P. Wolcott Sr., a resident of Maple Street, Batavia, was also seriously injured and transported by Mercy EMS to ECMC.

Wolcott told investigators that his car jerked for an unknown reason to the right before exiting the roadway.

Chief Deputy Gordon Dibble said at the scene during a preliminary part of the investigation that there are no markings in the roadway prior to the car's impact with the pole to indicate any kind of emergency or evasive action, including braking.

Speed is not considered a factor in the accident.

Because of the serious nature of the injuries, the Crash Management Team was dispatched to the scene to conduct an investigation and accident reconstruction. Typically, Crash Management investigations take weeks if not months to complete.

Alabama fire responded to the scene along with firefighters from Pembroke and Indian Falls.

Family surprised by van with signs supporting their annual charity lemonade stand in Oakfield

By Howard B. Owens

For the past five years, the Williams family of Oakfield has been setting up a lemonade stand at Oakfield Labor Days to help raise money for cancer research.

This year Alex's Lemonade Stand, named after their son, could surpass the $10,000 it's raised so far. At least that's the goal. All proceeds go to pediatric cancer research.

Alex’s Lemonade Stand is a national charity named after Alexandra Scott who lost her battle with neuroblastoma in 2004.  She had a vision for kids all over the world to hold lemonade stands to raise money to find a cure.

Brady Williams, age 6, was diagnosed in 2009 with neuroblastoma.

For the past several years, Megen Williams and Christina Sosnowski have talked about having a float in the annual Labor Days Parade, but once again this year, circumstances weren't going to make that possible.

So Sosnowski decided to do what she thought might be the next best thing: Get her minivan decked out with Alex's Lemonade Stand signs.

The van was shown to Megan yesterday evening for the first time.

"I was in shock (when I saw it)," Williams said. "I think I screamed then I kind of cried. I was blown away. It's really cool."

The work was completed by Joe Bradt of Vinyl Sticks in Batavia.

For more about the Alex's Lemonade Stand Foundation, click here.

How Niki and Jen got Jen's iPhone back after it was stolen

By Howard B. Owens

They're not exactly Starsky and Hutch, but they are quite a duo. Crime fighters, even.

Nicole Johnson and Jennifer Hodgins work the breakfast shift at the Pok-A-Dot most mornings. They pretty much know all the customers and the customers know them. A morning at the Dot when both are working is, well, entertaining.

That's one reason Jen was more than a little perturbed when a customer -- not a regular, but not a first-timer either -- stole Jen's iPhone.

The phone cost Jen $700 cold hard cash because she's not on a contract.

"My boyfriend, John, was using the phone and he set it down," Jen said. "I went to the bathroom and came back five minutes later. The phone was gone."

Jen tried calling the phone and found it was turned off.

"Our customers like to play pranks on us all the time, so at first we were thinking that was what was going on," Johnson said.

Niki and Jen have their phones set up so each can use the iPhone app "Find My Phone" to find each other's phones.

When Niki arrived at work, Niki used "Find My Phone" to lock Jen's phone and alert her if it was turned back on.

They also filed a police report.

About an hour later, the phone came on. It was on North Spruce Street.

Jen and a customer headed over to North Spruce and found the car they believed had been driven by the customer who stole it. They followed the car, but the driver sped away.

The information was given to police and an officer warned Jen about trying to chase down criminals. He also said the police would follow up.

"The phone was locked up and he couldn't do anything with it," Johnson said. "All this kid could do was turn off and on."

By the next evening, no word from the police and with the phone off, Niki couldn't track it.

Then it popped back on.

The phone was moving down Route 33 and Jen and Niki feared it was headed toward Rochester never to be seen again.

John hopped in his car and started down Route 33.

Niki started pinging the phone -- making it sound a tone repeatedly -- and sending it messages.

"We kept saying, 'we want the phone back no questions asked. Just leave the phone some place where we can find it. We won't pursue you. We just want the phone back."

About five minutes later, the phone stopped moving. The person who had it ditched it by the side of the road and John found it.

The women were elated.

"We were literally two 30-year-old women who kind of went back to our 14-year-old selves," Johnson said. "We had a major happy dance. It went on for about five minutes."

Johnson said they were so excited because, "I don't know one person who's had a phone stolen, literally, actually stolen, and gotten their phone back."

Interestingly, the feature Johnson and Hodgins used to get the phone back is under attack.

Apple is being sued by a group of lawyers who claim their client owns the patent for the feature that allows a computer to track a phone.

The patent was filed in 1995.

According to the Gigaom article, there are people known as patent trolls who buy patents that never made it from the drawing board to an actual product and then look for products that appear to infringe on the patent. Then, they sue. That appears to be the case with the "Find My Phone" lawsuit, but if the suit prevails it could spell the end for a very useful feature for recovering lost or stolen phones.

There are an estimated 1.8 million smartphones stolen every year. Thieves can use the phones for identity theft or sell the phones overseas for good money.

Other smartphone makers are looking into creating "kill switches" similar to what Apple provides its customers with iPhones.

Here's an article on how to use "Find My Phone." If you have a Droid, there are apps available to help protect your device against theft.

Serious injury accident reported on Ledge Road, Alabama

By Howard B. Owens

A car has hit a telephone pole in the area of 1301 Ledge Road, Alabama. Multiple callers to dispatch indicate serious injuries with one person unconscious.

Mercy Flight 5 is being dispatched.

Alabama Fire Department responding along with full response from Indian Falls and Pembroke.

UPDATE 8:25 a.m.: A 10-year-old boy is in critical condition.

UPDATE (By Billie) 8:30 a.m.: A Mercy ambulance is dispatched because the driver is also injured. Ledge Road is shut down at Alleghany.

UPDATE 8:33 a.m.: The helicopter in Buffalo is put on ground standby in case it's also needed.

UPDATE 8:37 a.m.: Mercy Flight has landed. National Grid has a 15-minute ETA. The utility pole is broken in half.

UPDATE 8:43 a.m.: Ledge Road is also closed near the Totem Pole Smoke Shop located at 1031 Ledge Road.

UPDATE 8:48 a.m.: The driver, who is the boy's father, is being transported to Erie County Medical Center via ambulance.

UPDATE 8:51 a.m.: Mercy Flight will transport the child to Womens & Children's Hospital in Buffalo.

UPDATE 8:56 a.m.: Mercy Flight is airborne.

UPDATE 9:18 a.m.: The Crash Management Team is at the accident site investigating. The sedan involved was split competely in two, between the front and back seats.

UPDATE 11:21 a.m.: The Alabama assignment is back in service. A half lane of traffic remains blocked due to the National Grid repair work under way.


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South Byron resident killed in crash in Erie County

By Howard B. Owens

A 31-year-old South Byron man died in a crash this morning in Erie County, according to the Buffalo News.

Jason Jewett and 28-year-old Hamburg resident Steven Webb died in an accident on East Eden Road, Eden, when Jewett apparently lost control of the car he was driving. The car struck a tree and flipped on its side.

Speed is a likely factor in the crash, police said.

Law and Order: Tennesee couple allegedly caught in the woods off Park Road making meth

By Howard B. Owens
Ricky A. Leach Jr. Jessica M. Ring

Ricky A. Leach Jr., 33, and Jessica M. Ring, 28, both of 1605 Green Circle, Goodletsville, Tenn., are charged with criminal possession of the precursors for methamphetamine and making methamphetamine. State Police responded to the wooded area near Target after receiving a report of suspicious activity. Leach and Ring were allegedly caught in the act of making meth. Both were jailed on $10,000 bail each.

Kiernan William Kinney, 24, of Woodstock Gardens, Batavia, is charged with sexual abuse, 1st. Kinney is accused of subjecting a 21-year-old woman to forced sexual contact.

Juan A. Roman, 36, of 17 Elm St., Batavia, is charged with harassment, 2nd, and unlawful possession of marijuana. Roman is accused of head butting another person during an alleged incident at 2 p.m. Wednesday on Walnut Street, Batavia.

Michael D. Snyder, 41, of 13 1/2 Union St., Le Roy, is charged with petit larceny. Also charged, Edward T. Lette Jr., 43, of 3827 W. Main St., Batavia. Snyder and Lette are accused of stealing two 30-packs of beer from Tops. The suspects reportedly fled the store on bicycles and were apprehended minutes later by state troopers and Batavia PD officers.

Rachell Onie Soggs, 25, of West Main Road, Batavia, is charged with petit larceny. Soggs is accused of stealing $28.74 in merchandise from Walmart on Aug. 17. Soggs reportedly left the store before she could be located by authorities. Soggs was also arrested on charges of falsifying business records and criminal possession of stolen property. Soggs allegedly tried to sell stolen property at a local business.

Harold Laverne Howard, 41, of Alleghany Road, Basom, is charged with DWI, refusal to take breath test, speeding (73 mph in a 45 mph zone), failure to stop for stop sign and no plate lamp. Howard was stopped at 2:37 a.m. on Route 77, Basom, by Deputy Joseph Corona.

Latoya D. Jackson, 27, of 209 Liberty St., Batavia, is charged with criminal possession of a weapon with intent to use a weapon and harassment, 2nd. These are additional charges stemming from an alleged incident Aug. 19 in which Jackson allegedly cut two people with a knife.

Car vs. motorcycle crash on the westbound Thruway

By Billie Owens

A car vs. motocycle accident is reported on the westbound Thruway by mile marker 386.4. The motorcycle rider and his passenger are injured. Both are conscious and alert. One has a back injury and the other is reportedly bleeding from the mouth. Two Mercy rigs are going to the scene along with Town of Batavia Fire Department. The location is between the CSX railroad crossing and Route 33.

UPDATE 3:11 p.m.: Mercy medics are transporting two patients to Strong Memorial Hospital.

UPDATE 3:14 p.m.: State Police have released Town of Batavia responders from the scene.

Big rig rollover on Eastbound Thruway

By Billie Owens

A tractor-trailer rollover accident is reported on the eastbound Thruway at mile marker 388. Town of Batavia Fire Department is responding. A Sheriff's deputy is on scene.

UPDATE 1:44 p.m.: Injuries are minor. Mercy medics are on scene. The vehicle is in the median.

UPDATE 2:11 p.m.: There were three patient sign-offs. The Batavia assignment is back in service. The rig was empty. It did leak a small amount of fluids.

Driver allegedly involved in multiple accidents facing at least one DWI charge

By Howard B. Owens
Kevin E. Conners

He was allegedly drunk, in a big truck and packing a hand gun.

Now he's in trouble with the law.

Police arrested 49-year-old Kevin E. Conners, of 206 Richmond Ave., Batavia, after initially receiving a report of an erratic driver in the city at 11:30 p.m., Tuesday.

A witness told police they saw a black Chevrolet Silverado heading north on Oak Street and then turn east onto Richmond Avenue.

The truck proceeded east driving over the grass parkway on the south side of Richmond and just as it tried to pull back into the roadway, it struck a parked car.

The truck then headed down Richmond at a high rate of speed, according to the witness statement, the truck blew through stop signs on North Street at Bank and at Summit. It turned right onto Ross and allegedly failed to stop at a stop sign at Ellsworth.

When the truck reached Washington, it turned right and proceeded west before the driver reportedly tried to pull into a driveway. It over shot the driveway so the driver reportedly backed up and tried again. It missed again.

The witness statement indicates the driver gunned it, jumped the curb and ran into the porch of a house at 303 Washington Ave. The truck's tires spun on the pavement and the truck ran further up the porch.

When Officer Arick Perkins arrived on scene, he approached the driver's side of the truck and said he saw the driver removing a gun from his waist area. More officers arrived on scene and Conners was ordered from the truck.

He was taken into custody without incident.

A gun was recovered from under the driver's seat. It was registered and legal, according to Officer Eric Hill.

Conners was transported to Batavia PD headquarters where he allegedly failed a field sobriety test and registered a .13 BAC on a breath test.

He was issued citations for DWI, driving with a BAC of .08 or higher, reckless driving, moving from the lane unsafely (three citations), failure to keep right, passed on right and following too closely. He was arraigned in City Court and remanded to jail.

Conners' vehicle was towed from the scene.

But the story doesn't end there.

At around noon, Wednesday, Conners was released from jail under supervision of Genesee Justice. He retrieved his truck from impound.

At 12:11 p.m., police received a report of a truck striking a telephone poll near 204 W. Main St.

Conners was reportedly the driver. He was injured and transported to UMMC.

No charges have been filed related to the second accident, but the investigation is continuing.

Balbick upholds felony assault charge in Harvester Avenue case

By Howard B. Owens
Shane M. Bell

Perhaps it was self-defense. That's the argument William Tedford tried to make in a felony hearing in City Court this morning on behalf of his client, Shane M. Bell.

Bell is accused of punching 52-year-old Scott Baker on Sunday night shortly after the two men left a party at The Harvester on Harvester Avenue.

The purpose of a felony hearing is to determine if there's enough evidence to sustain the key elements of the crime as charged.

Tedford tried hard to expand the scope of the hearing to draw out more possible facts of the case, but Judge Robert Balbick sustained each of District Attorney Lawrence Friedman's objections as Tedford asked questions about Baker's prior criminal history, who other witnesses may be and whether his client was properly given his Miranda warnings.

All of those issues are interesting, Balbick said, but not relevant to a felony hearing. The defense will have every opportunity to raise those and other issues as the case moves forward.

The only two issues before the court were whether Bell hit Baker -- and Tedford acknowleged there was contact -- and whether Bell intended to cause serious physical injury when he allegedly swung his fist at Baker's head.

Tedford aimed to base a self-defense claim on testimony by Det. Pat Corona that Bell said Baker followed Bell out of the bar and across the street, that on the way, Baker chest bumped Bell at least once and possibly twice, and then Baker tapped Bell on the neck just before the punch was thrown.

"I submit your honor that there is sufficient information before the court today that while certainly my client had alleged involvement, the individual Scott Baker also has a role in this matter and the court should revisit that issue," Tedford said. "With assault in the second degree it's necessary to prove intentional injury and in this case the intent element is not so clear."

Friedman quickly rose from his chair when it was his turn to refute Tedford's argument.

"Mr. Tedford is right that his client was involved," Friedman said. "He's the one responsible for the serious physical injuries to Scott Baker. He's right that Scott Baker had a role. His role is that of the victim of this assault ...

"He said he was chest bumped before he punched him and he was touched on the back of the neck," Friedman added. "Your honor, this would not be a reasonable response even if you believe that is what happened. It does not in any way justify what happened to Scott Baker. (Bell is) not claiming his life was threatened or that he feared serious physical injury or even injury. He was bumped by Scott Baker and he turned and punched him."

Balbick upheld the felony charge of assault in the second degree and ordered Hill's no-bail status be continued.

During the hearing, Tedford asked whether Corona knew that The Harvester had been serving free beer from 10 a.m. to 6 p.m. Corona did not.

Corona said that Bell told him Baker and Hill had been in the bar hours prior to the incident and that they had exchanged a number of "drunken hugs."

In the courtroom during the hearing were the families for both Baker and Bell.

Baker remains in the trauma unit at ECMC unconscious with a serious head injury. One reason Bell is held without bail is that there's concern Baker will not survive, in which case Bell will be facing upgraded charges. Bell also has a prior felony conviction and 18 prior arrests, according to Balbick.

Car vs. bicycle accident at Vine and North in the city

By Billie Owens

A car vs. pedestrian accident is reported at Vine and North streets in the city. The bicyclist is lying in the roadway. Police, fire and Mercy medics are responding.

UPDATE 12:16 p.m.: The bicyclist was taken to Erie County Medical Center. All responders have cleared the scene.

Police looking for allegedly strange-acting man on the Southside

By Billie Owens

A man is reportedly acting weird in the area near the Kwik Fill gas station at Jackson and Ellicott streets. He's described as white, wearing a T-shirt and blue jeans, last seen walking southbound. He was said to be talking to himself, rolling around on the ground and flailing his arms about. City police are looking for him now.

A look back at August outdoors

By JIM NIGRO

It seems that everywhere we went this month there were outdoor photo ops, one of which was this bullfrog basking in the morning sun while waiting for an easy meal.

This Circumpolar Bluet rested on shoreline vegetation long enough for its photo to be taken.    

Unlike its older and bolder counterpart, this young bullfrog remains mostly hidden, keeping only its head above the soggy vegetation. It's learned early on that it can be the hunter one second before becoming the hunted moments later.

Long-legged waders such as herons and egrets consider frogs choice morsels.

Frogs needn't worry about this fella. Strictly a herbivore, this young forkhorn will be shedding his velvet in the coming days.

Teasle highlighted by the sun, in the background a shaded brook covered with duck weed.

August provided us with a number of interesting cloud formations -- this one occurring in early evening.

Last week's full moon on the rise, climbing above the upper branches of our apple tree....

and several hours later its descent in the Southwestern sky.

Photos: Football practice for Alexander Trojans

By Howard B. Owens

With only 19 varsity players this year, Alexander's Head Coach Tim Sawyer hopes what the team lacks in quantity it will make up in quality.

"We don't have a lot of kids, but they're definitely a tight-knit group," Sawyer said. "They care about each other and they work hard together.

"We've got a chance every week and it's nice for a small school like us to be able to say that," he added.

The offensive and defensive lines will be anchored by Johnny George and Kelsey Patton, a pair of three-year starters now in their senior year.

"They're both about 250 pounds," Sawyer said. "They're pretty strong. Those guys love the weight room. It's nice to have some size there."

At tailback, Dylan Scharlau brings 205 pounds of strength to the job and Tyler Laird isn't far behind him in ability or strength.

Sawyer said he would like 24 or 25 varsity players, he also sees hope going forward in the JV team, which has 30 players this year.

Last year, the Trojans were 2-6. Sawyer thinks his team this year can improve on that record.

"We had a lot of growing pains last year," Sawyer said. "I think I have 12 seniors on this year's team. They're excited. They've worked hard. We've got quality kids."

The top three pictures are from the watermelon relay, a drill Sawyer said is also designed to keep practice fun. The drill came right before the dinner break and watermelon was the dessert. Drop the watermelon and your team will have to deal with grass blades mixed in with the melon. Despite some coaches best efforts to jar the melons loose, not one broke.

Broken utility poles in Village of Alexander prompt road closures

By Billie Owens

A pair of utility poles are broken in two and leaning, but not in the roadway, on Railroad Avenue in the Village of Alexander. A downed power line is in a field. Traffic is being closed to Railroad Avenue at Route 98 and at Sandpit Road. Also, traffic will be blocked at Sandpit and Dry Bridge roads. Alexander Fire Department is on scene. National Grid is aware of the problem and a crew will be responding.

UPDATE 5:02 p.m.: National Grid is on scene.

UPDATE 7:08 p.m.: The roads are reopened. Alexander is back in service.

Updates on four critically injured people

By Howard B. Owens

In the past few weeks, we've had four people hospitalized with serious injuries. Here's what we know about them today.

  • Jason McNeil: McNeil's health is improving according to a Facebook post by his wife. He may be able to return home soon. McNeil was hit following the Kid Rock concert at Darien Lake Performing Arts Center on July 6. Craig Lawson was recently indicted on a charge of assault, 2nd, and is scheduled to be arraigned on the charge next week.
  • Benjamin L. Falker, 16, was critically injured in an ATV accident Aug. 3. He remains listed in serious condition at ECMC.
  • Ashley M. Stillwell, 19, was a passenger on a motorcycle driven by her boyfriend Derek Sheldon when the bike struck a car at the intersection of Selden and West Bergen roads. Sheldon was killed in the accident. Stillwell was transported with serious injuries by Mercy Flight to Strong Memorial Hospital. As of today, Strong does not have Stillwell listed as a patient and we have no further information.
  • Scott Baker, 51, was critically injured during an apparent fight Sunday night on Harvester Avenue. He remains in a coma, listed in critical condition, at ECMC. Shane M. Bell is accused of hitting Baker and is charged with felony assault.

UPDATE 5:05 p.m.: We were contacted by State Police and told Stillwell remains a patient at Strong, regardless of Strong's patient record which does not list her.

UPDATE: Since the last update, I had another conversation with Trooper Victor Morales, Troop A's PIO. He said Stillwell is doing well. She's listed in good condition at Strong and could be released from the hospital soon. She suffered a broken pelvis, broken back and fractured knee cap. The accident reconstruction is not complete, but investigators believe that speed was not a factor. Stillwell does not remember them speeding prior to the accident, but even if they were, the other driver had clear visability for at least a mile down the road. At this point in time, no citations have been issued.

Dog locked inside gray truck in Kmart parking lot

By Billie Owens

A dog is reportedly locked inside a gray pickup truck in the parking lot at Kmart. A law enforcement officer is responding.

UPDATE 3:13 p.m.: The officer was unable to locate the gray Dodge pickup -- gone upon arrival. The officer is back in service.

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Tags: garage sales

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