A shed fire is reported at 10330 Bethany Center Road, East Bethany.

Bethany Fire Department with mutual aid from Town of Batavia responding.

UPDATE 10:41 a.m.: Homeowner appears to have put out the fire with a garden hose.

UPDATE 10:45 a.m.: Town of Batavia back in service.

UPDATE 11:05 a.m.: A Bethany tanker has gone back in service.

UPDATE 11:16 a.m.: Bethany is back in service.

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A two-car rollover accident with injuries is reported at Sumner and Colby roads, Darien.

Darien fire and ambulance responding. Mercy EMS also dispatched.

UPDATE 10:25 a.m.: Chief on scene says Mercy Flight will not be needed at this accident.

UPDATE 11:04 a.m.: One patient transported to Warsaw, one patient is a sign-off.

UPDATE 11:19 a.m.: A third person was transported to UMMC. Darien is back in service and the roadway is reopened.

There is a report of wires arcing in the area of 2104 Judge Road, Alabama.

Alabama Fire Department is responding.

There are also reports of tree limbs down in a few locations, including on Pratt Road.

UPDATE 10:08 a.m.: Report of wires down and arcing in area of 8900 Creek Road, Batavia. Town of Batavia fire responding. Also, according to National Grid, some 170 customers are without power in the Dodgeson Road area of Alexander.

UPDATE 10:13 a.m.: Pavilion Fire Department is also working an incident on York Road.

UPDATE 10:21 a.m.: National Grid reports 31 customers without power along Route 20 in the area of Brookville Road, Alexander. Also, a tree is down in the area of Dillon Road, Pavilion.

UPDATE 10:27 a.m.: Pavilion is working multiple incidents of trees and lines down. All available manpower requested to the hall.

UPDATE 10:31 a.m.: 15 minute ETA for National Grid on Town of Batavia's incident.

UPDATE 10:41 a.m.: Photos sent in by Tim Walton. A tree was knocked down by a lightning strike in the area of 100 Ross St., Batavia. The tree damaged a car (only one parked where three are normally parked) and took out a fence on Batavia Middle School property. Also, a tree reported down on Old Creek Road and a chief responds he's also received a report of a tree down on Little Canada Road. Dispatcher: "Copy, trees down everywhere."

UPDATE 10:50 a.m.: Report of lines down, arcing on Wilkenson Road, East Pembroke. East Pembroke fire responding. Also, fewer than 10 customers without power in the area of Route 20 and Route 63, Pavilion. No word on whether traffic signals at that location effected.

UPDATE 10:56 a.m.: Texaco Town intersection, traffic lights on four-way red flash.

UPDATE 10:58 a.m.: Creek Road and Little Canada trees removed. Wilkenson Road being closed between Route 33 and Lear Road.

UPDATE 11:23 a.m.: Creek Road is clear. Town of Batavia is back in service.

UPDATE 11:34 a.m.: East Pembroke is back in service.

UPDATE 12:12 p.m.: There is a power outage around Creek Road that stretches from East Alexander to north of Route 63. More than 400 customers are without power. The Dodgeson Road outage now effects more than 300 customers.  There are a handful of lesser power outages throughout the county.

UPDATE 12:20 p.m.: Photo below from Dana Lamb of tree down on power line on Brown Road, Pembroke.

UPDATE 12:39 p.m.: National Grid has or will cut power along York Road and South Street (or a portion of them) so large fallen trees can be removed by county highway crews. Pavilion fire command is informed of this.

The Ramble Music and Arts Festival is known as a celebration of the musical culture of Genesee County—but to many of the musicians participating, it means so much more.

“I think it’s a very popular event because all the people get to reminisce about the old times,” says Andy Hare, who will participate in the 7th annual festival for the third time this Saturday. “It’s almost like a class reunion for many of the musicians and the people who follow them—the old guys like us, chasing the Sixties.”

The “us” Hare is referring to are the members of the Moonshine Valley Band, his former group that will be reunited Saturday night. The band is one of several from the good old days that is coming together specifically for this occasion.  

“It’s a chance for guys like me to get out and show they’ve got a few kicks left in them,” Hare jokes.

Founder Bill McDonald says that the festival was started to serve that very purpose — to take a walk down memory lane by reuniting all those local musicians who had played together years ago. It has since grown from its humble beginnings — this year’s event will feature 37 acts, several artists, and “many ramblin’ revelers.”

“The purpose has always been to get the current community and folks who once called our area home involved, to share in the fun and keep the music and friendships vibrant,” he explains.

The Ramble is not strictly geared toward the middle-aged crowd — the event attracts people of all ages and generations.

“The festival day and the weeks pre and post have brought many friends, young and old, musical mates, and people in general, together for some fun,” says McDonald.

The festival-goers falling under the “young” category give the Ramble its charm, as the majority are the receivers of a passed torch.

“It shows the young people what’s coming, because many of them are offspring of the performers,” says Hare. “It’s generational entertainment.”

The Ramble Music and Arts Festival will take place from noon to 8 p.m. this Saturday, July 7, in Downtown Batavia. The 37 participating acts will perform on two different stages: the electric acts in Jackson Square, and the acoustic acts on Center Street. A remembrance of past musicians will take place at 4 pm. Admission is free.

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.

Batavia police are on Hutchins Street dealing with a person who is reportedly on a rooftop hallucinating and yelling statements about the police.

Batavia Fire Department is sending over a ladder truck and Mercy EMS is in route.

UPDATE 4:52 p.m.: The person is safely off the roof and is being transported to UMMC for evaluation. Lt. Jim Henning said that the subject asked for water and 10 minutes to gather his thoughts. Once he drank the water, he was ready to climb down the ladder provided by fire personnel. Henning said the subject fits the description of a suspect in an earlier criminal mischief complaint wherein some bathroom fixtures were ripped from the wall in a building on Swan Street.

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.

New York Times: Shots by Murdoch at Romney Play Out to Conservative Core

A single car accident is reported at 380 Main Road in Pembroke, near the Erie County line. There are minor injuries. It is off the road. Mercy medics and Pembroke and Indian Falls firefighters are responding.

UPDATE 3:54 p.m.: A responder on scene says it looks like the female driver took out a mailbox and then her vehicle went into a ditch.

UPDATE 4:01 p.m.: The driver has a cut on her right hand but otherwise says she has no aches or pains. A responder says it appears her vehicle rolled over several times.

UPDATE 4:11 p.m.: The patient is being transported to Millard Fillmore Suburban Hospital in Williamsville.

UPDATE 4:14 p.m.: Pembroke and Indian Falls are back in service.

A small fire is reported on the northwest corner of the roof on Building #4 at the VA Medical Center, located at 222 Richmond Ave. in Batavia. City firefighters are on scene and they report "there's a little smoke up there."

UPDATE 2:30 p.m.: The third platoon is called to stand by in the city fire hall.

UPDATE 2:34 p.m.: The small fire is described as "smoldering" and stems from roofing work. They are checking for extensions now.

UPDATE 2:42 p.m.: The fire is knocked down and they continue to check for extensions, reporting there is still some smoke coming from what is described as a balcony area.

UPDATE 2:50 p.m.: They plan to use a chainsaw to open up a portion of the roof to ensure there is no extension inside.

UPDATE 3:10 p.m.: The blaze is believed to have started when a worker used a heat gun while doing some lead paint abatement.

UPDATE 3:19 p.m.: The fire is completely out.

Joy Hale is this year's winner of the annual Don Carroll's Toys for Kids lottery ticket basket raffle. The basket contained more than $200 in scratchers and gift certificates (not counting potential winnings, of course). Hale's ticket was drawn by Jeff Heubusch, owner of Southside Deli, who donated the lottery tickets. Above, Carroll, left, and Heubusch.

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.

One person was injured in an accident at 6:17 p.m., Tuesday, in the parking lot of Auto Zone, 8347 Lewiston Road, after one car backed into another.

Angelo A. Ricci III, 31, of Lyndonville, was transported to UMMC with minor injuries.

Ricci's car was struck by a 2003 Dodge Van driven by  Andrew R. Webster, 31, of Batavia,

Webster, nor his four passengers, were hurt in the crash.

The accident was investigated by Deputy Joseph Graff.

A driver was cited for allegedly following too closely, leading to an accident Monday evening that sent one person to the hospital.

Joshua A. Miller, 22, of Church Street, Le Roy, was reportedly heading west at 7:21 p.m. on Route 5 in the area of Roanoke Road, Stafford, behind another vehicle.

He reportedly said he didn't realize the car driven by Linda Marie Wolf, 60, of Merle Street, Attica, was slowing down to make a turn.

Wolf's passenger, Wayne C. Wolf, 61, was transported to Strong Memorial Hospital with a complaint of neck pain.

The accident was investigated by Sgt. Greg Walker.

(Initial Report)

A natural gas leak has been reported at the meter of 15 Church St., Bergen, the location of Bonduelle Foods.

RG&E called in the leak.

Bergen Fire Department is being dispatched.

The 2,266 people who packed into Dwyer Stadium on July 4 were treated to more than just fireworks. They got to see the kind of nail-biter game that makes baseball America's pastime.

Down 2-1 going into the bottom of the ninth, the hometown heros strung together a single, double and single, to plate two runs and walk off with a victory.

The winning run scored on a close play at the plate (see above, and the slide show for more pictures of the score) when Anthony Melchionda scored on a single by Jacob Wilson.

It was the first lead the Muckdogs enjoyed all night.

The low-scoring game meant that nine innings passed quickly.

Muckdogs management entertained fans with a game of musical chairs before the sun faded enough to allow the fireworks show to begin.

If you can't view the slide show of photos, click here.

What a beautiful day for a picnic in the park, and today, hundreds of Batavia and Genesee County residents agreed.

The city's annual Picnic in the Park in Centennial Park was a perfect reminder of how fortunate we are to live in a great community and a free country.

It was also great to see Don Carroll out doing what he does best: Raising money for Toys for Kids.

If you're unable to view the slide show below, click here. To purchase prints of any of these photos, click here.

A one-vehicle accident with minor injuries has been reported at Route 20 and Pavilion Center Road, Pavilion.

Pavilion Fire Department and Mercy EMS responding.

UPDATE 10:49 p.m.: Second ambulance requested to the scene.

UPDATE 11:04 p.m.: One person being transported to Strong hospital.