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Semi strikes utility pole on Evans Street

By Billie Owens

Residents in the area of Evans and Maple streets in Batavia experienced a brief power outage after a big rig struck a utility pole. The pole was shapped in half and is hanging partially over the roadway.

Power was automatically rerouted. There are no wires down.

"Definitely needs the power company," said a responder. City fire and police are on scene.

UPDATE 4 p.m. (By Howard): Power went out in the neighborhood again at about 3:45 p.m. At the same time, The Batavian's office downtown lost its Internet connection (it was interrupted during the first power outage as well). The semi driver reportedly was trying to get around another car on Evans when he hit the pole. There is no damage to the truck. No injuries reported. City fire is going back in service. National Grid is on scene and a worker told city fire that it will take two hours to restore power.

UPDATE 4:12 p.m.: National Grid is going to try to reroute some power so that the north side of the accident scene gets power back within 45 minutes. This will restore power to the intersection of Main and Ellicott streets.

UPDATE 4:20 p.m.: A teller alarm went off at a downtown bank and a Batavia PD officer reported, "the power just came back on, so it could be related." The Batavian's phone service and Internet connection came back on at the same time. National Grid is reporting power is restored. It's unknown if this is a temporary or permanent fix. About 1,300 customers were affected by the outage.

UPDATE 4:45 p.m.: National Grid reports about 30 customers without power in the city with an estimated time for restoration of 5:15 p.m.

Meeting scheduled to discuss Summit Street redesign

By Howard B. Owens

Batavia residents, particularly on Summit Street, are invited to a public meeting from 5 to 8 p.m., Thursday, to provide input on reconstruction plans for the street.

The redesign and construction is a locally administered federal aid project scheduled for completion in 2015.

Erdman Anthony has been retained by the city to provide survey, field mapping and engineering services for the project.

Engineering studies are in progress.

According to a city press release, during the design process, comment and input from affected residents and businesses are "valuable and necessary elements for achieving a successful project."

The meeting will begin with a brief overview of the project and discussion will proceed in an open house format, allowing interaction with consultants from Erdman Anthony and city staff.

UPDATE: The meeting is being held at city hall.

Law and Order: Trio charged with trespass at College Village

By Howard B. Owens

David L. Andrews, 24, and Tyshawn T. Ferguson, 21, both of Holland Avenue, Batavia, along with Deylon A. Bovell, 20, of East Main Street, Batavia, are charged with trespass. Andrews, Ferguson and Bovell were allegedly found at College Village after being banned from the property.

Donald Eugene Cameron, 52, of York Road, Le Roy, is charged with harassment, 2nd. Cameron is accused of slapping another person in the head.

Accident with injuries reported in the Village of Elba

By Howard B. Owens

An injury accident requiring extrication has been reported at North Main and Chapel streets in the Village of Elba.

Elba Fire Department on scene. Mercy EMS dispatched. Fire police called to deal with traffic.

A tractor-trailer is apparently involved.

UPDATE  7:29 a.m.: Mercy Flight requested to the scene. Landing zone at the recreation hall.

UPDATE 7:38 a.m.: Mercy Flight 5 has a three-minute ETA.

UPDATE 7:40 a.m.: Mercy Flight on the ground.

UPDATE 8:03 a.m.: Mercy Flight in the air, headed to Strong Memorial Hospital.


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YWCA aims to foster unity, community and good will for children on MLK Day

By Howard B. Owens

The local YWCA will mark Martin Luther King Jr. Day next Monday by opening up day care at Robert Morris School (correction: YWCA, 301 North Street, Batavia, on Monday).

Typically, day care is closed on holidays, but YWCA Director Jeanne Walton said the Y is going to start changing that, and Monday's daycare will be a "very affordable" $20, she said, and will include 12 hours of care, breakfast, lunch and a snack.

Children not currently enrolled in day care are welcome to attend Monday, Walton said.

John Canale, center of the photo, will conduct a drum circle for the children, teaching them about the history of African hand drumming.

A second drum circle session will be held in the evening that anybody in the community can attend.

Walton said the Y wants the day to reflect unity, community spirit and good will.

“It’s all about fostering the ideals of Martin Luther King Jr.," Walton said. "We’re doing it in a slightly different fashion, but we feel this is something that is important for us to do.”

Law and Order: Woman accused of making up story of stabbing

By Howard B. Owens

April Marie Ground, 22, of Meadville Road, Alabama, is charged with falsely reporting an incident, 3rd. Ground allegedly reported to Deputy Eric Seppala at 2 a.m. Nov. 30, that she was stabbed in the face about an hour earlier by a black female in the parking lot of a Batavia retailer. On Dec. 8, Ground allegedly admitted to Investigator William Ferrando that the stabbing did not occur.

Jason Andrew Barnhart, 24, of Pratt Road, Batavia, is charged with criminal possession of stolen property, 4th (value more than $1,000), burglary, 3rd, grand larceny (more than $1,000) and falsifying business documents. Barnhart was arrested following an investigation into a burglary and grand larceny reported at 3 p.m. Jan. 4 at a location on Veterans Memorial Drive, Batavia. Barnhart was jailed on $10,000 bail.

Kevin Bruce Martin, 28, of Route 98, Attica, is charged with petit larceny. Martin is accused of shoplifting from Kmart.

Expert to discuss tic outbreak in Le Roy at meeting scheduled Wednesday

By Howard B. Owens

With parents in Le Roy still concerned about what might have caused a small number of teenage girls to develop tics, the school district has announced a public meeting at 7 p.m. Wednesday, where officials from various health agencies will discuss what they know at this point.

It's unclear if any definitive findings will be shared at the meeting.

According to the district's website:

The District continues to work with medical specialists, the State and County Health Departments, and the County and State Office of Mental Health during this ongoing investigation. Representatives from these organizations will be sharing the latest details about the investigation with the community.

The meeting will be held in the Jr./Sr. high school auditorium.

Today, The Batavian spoke with Dr. Jonathan Mink, chief of child neurology at the University of Rochester Medical Center and co-chair of the scientific advisory board of the Tourette Syndrome Association.

Mink said while he's followed coverage of the situation in Le Roy, he hasn't been directly involved. He has spoken with colleagues who have patients among the group of students displaying the tics.

The tics -- involuntary muscle movements -- have led some media reports to categorize the situation as some sort of outbreak of Tourette Syndrome.

Mink said it's highly unlikely that it's Tourette's.

While one-in-four to one-in-five children develop tics at some point in their young life, the tics usually end after a year or less. It's very unusual for teenagers to develop a new onset of tics, he said.

Less than .6 percent of children develop Tourette Syndrome, and almost never after becoming teens.

While it's possible that one or two teenage girls in Le Roy had Tourette's and developed more pronounced symptoms in high school, the chances of the six or seven girls who have reportedly developed the symptoms are incredibly slim.

Tourette Syndrome is also three or four times more likely to strike boys. It's an inherited disorder and not caused by environmental conditions.

At one time, some scientists speculated that strep infections could cause Tourette's, but new research has proven that isn't the case, Mink said.

It's also possible for other neurological disorders to cause tics, but based on what Mink knows about the situation, the symptoms of other underlying neurological problems are not present in these cases.

As for environmental causes, that isn't likely either, Mink said.

There just isn't much scientific evidence for environmental factors causing tics.

"It's extremely unlikely that anything in the air, in the water or in the food they've eaten is the cause of tics," Mink said.

As for something the students might have ingested, such as stimulants, Mink said such a cause is also unlikely. It would take significant dosage of any drug, prescribed or not, to cause tics and then other behavioral changes would be apparent.

Which leaves one other known cause of tics: Stress.

Mink said he doesn't want to leave the impression that he is characterizing the situation in any way involving the girls in Le Roy, but people have different ways of responding to stress -- some people sweat, some develop diseases, some heart conditions, and some develop tics.

If a teenager has a propensity toward tics, elevated stress could make them more pronounced.

A tic isn't a habit, Mink said, but it's like a habit in that a person susceptible to tics might take on the tics of another person when exposed to that person.

"A person gets exposed to those symptoms and they take on those symptoms," Mink said. "It may be that the stresses of everyday life and how these girls deal with stress (that is the cause)."

It's possible, he said, that one or two girls had Tourette Syndrome, the symptoms grew more pronounced and the other girls picked up the "habits" of the girls with Tourette's. Or maybe none of them have Tourette's, but the tics got passed along like habits nonetheless.

"I don't have reason to believe there is any kind of infection that would cause an outbreak like this," Mink said near the end of our conversation. "While the cause is unclear, there is no reason to think there is any kind of public health threat."

Chipmunk feasting on a late season apple

By JIM NIGRO

In any other year this chipmunk would have long since retired to its winter sleeping quarters. But with the unseasonal temps, all the leaves down and a lone apple beckoning, this little fella ventured into the upper reaches of our tree for an early winter treat.

As I've mentioned in previous posts, we've had numerous visitors eat the apples -- squirrels, cottontails, woodchucks and a variety of birds. But this is the first we've noticed a chipmunk sampling the fruit.

While he appeared a bit tentative at first, eventually he dove in with gusto.

Oops -- nearly forgot to say a blessing...........................................................

.........................................................................................Amen.

It appears he stuffed his cheek pouches to the max for his long winter nap!

Town of Le Roy named as defendent in lawsuit by new town supervisor

By Howard B. Owens

The Town of Le Roy Planning Board has been named in a lawsuit that attempts to block construction of a senior housing development off Robbins Road.

One of the plaintiff's in the suit, Stephen Barbeau, is the newly elected town supervisor.

The owner of the planned development, Le Roy resident Pete McQuillen, thinks Le Roy residents should know that Barbeau is using town resources to fight a battle against a project that has already been approved.

"I don’t think it’s right that after the boards that have been elected or appointed have done their due diligence and made recommendations and passed resolutions that it should be fought again by the new town supervisor," McQuillen said.

The Batavian left phone messages for Barbeau on Wednesday of last week and again this afternoon. He has not returned our calls.

While it is the town's planning board that is being sued -- along with the Village of Le Roy and McQuillen -- as supervisor, Barbeau would normally be expected to have oversight over the expenditures related to a lawsuit and consult with the attorney.

In this case, McQuillen claimed, the town and village boards will need to hire outside council to represent them and the town's funds will come out of the budget Barbeau helps write and approve.

"The taxpayers shouldn't have to spend money defending a project that the town and village have already approved," McQuillen said.

The project is known as Robbins Nest Drive and is located east of Robbins Road and south of Filmore Street on the south side of the village. It will feature 26 single-family homes on 13.1 acres, walking trails and a community garden.

The single-story units will be sold to people 55 and older, with an expected asking price of from $130,000 to $160,000 each.

"There will be no maintenance outside the units," McQuillen said. "The concept is you can sell your 3,000 sq. ft. or 4,000 sq. ft. home after your children are gone and make a lateral move. It's for people who no longer want to mow lawns or shovel snow."

Among the approvals McQuillen sought was changing the zoning for the property from R-1 (single family residential) to PUD (planned unit development).

The change allows McQuillen to build smaller lots and establish a homeowners' association. Buyers will own their homes but not the lots.

The lawsuit alleges that the town and village boards didn't follow state law in granting approvals for the project.

From McQuillen's point of view, Barbeau and his co-plaintiff David S. Boyce just simply want to block all development on the property.

Barbeau and Boyce own residences on Filmore Street and the development is adjacent to their back yards.

He said that he think's that one of Barbeau's concerns is that McQuillen will use the PUD to bring in trailers or mobile homes, but McQuillen said that's not going to happen. First, because that's not what the village approved, and second, it's not what he wants.

"He doesn't want to see his property value go down and I don't blame him," said McQuillen. "But I live on Robbins Road. I'm never going to build those things."

Brooklyn Grace Sputore is cured

By Howard B. Owens

Brooklyn Grace Sputore, the 13-month-old who was diagnosed before she was born with a form of an aneurysm, is cured.

Brooklyn's parents, Mike and Julie Sputore, took her to New York City yesterday expecting her to undergo a third surgery to close the malformation, but in a pre-surgery MRI, doctors discovered the malformation had finished healing itself.

"We're very happy," said Julie, who thanked the community for its support and prayers.

The condition is known as Vein of Galen Brain Malformation and can be life threatening, but because an ultrasound uncovered the problem in Julie's 37th week of pregnancy, doctors were able to work quickly to cure it.

"The last time we were here the doctor said it was 99 percent closed up and he was hoping it would be closed up when we came back," Julie said. "We didn't know if that was just something he said to everybody, but it actually did happen."

Though cured, Sputore explained, Brooklyn will need ongoing medical care.

In a year, she will return to NYC for an MRI to ensure the malformation hasn't reopened and will need annual MRIs for a couple of years. She will also need to see a cardiologist every year for the rest of her life.

The malformation also caused fluid to develop in Brooklyn's skull and so a shunt was installed to drain the fluid into her bladder. Because the bodies of babies who have shunts installed become dependent on them, Brooklyn is likely to have the shunt for the rest of her life, Julie said. She will need to go to Buffalo every few months to have the shunt checked.

In a way, the fact doctors found the ultrasound when they did was a bit of a miracle.

Sputore was in her 37th week of pregnancy and didn't need another ultrasound, but wanted to see the picture.

"That's when they found it and if we didn't have it done, we would have never known," Sputore said. "She could have died from the VOG turning into an aneurysm or the VOG making her have heart failure."

Brooklyn will be home on Thursday.

Photo: Brooklyn with Dr. Alejandro Berenstein from her visit to NYC for surgery in July. Photo courtesy Julie Sputore.

Possible chimney fire on Town Line Road in Bergen

By Billie Owens

A possible chimney fire is reported at a residence on Town Line Road in Bergen. It is between Jericho and Pocock roads. All Bergen fire equipment is called to the scene along with mutual aid from Le Roy.

UPDATE 12:18 p.m.: "There doesn't seem to be anything significant here," says the chief, and Le Roy can stand by. This incident stems from the "malfunction of a heating device. No extension into the residence," says the chief.

UPDATE 12:23 p.m.: Traffic is going to be shut completely down on Town Line Road between Jericho and Pocock roads.

UPDATE 12:30 p.m.: Bergen is back in service. So is Le Roy.

Highlights from Monday's BCS board meeting

By Howard B. Owens

Submitted by Kathie Scott, coordinator of public information, Batavia City Schools

Highlights from the Batavia City School District Board of Education meeting on Jan. 9 include the following:

Important Calendar Change
A recent change in the New York State Education Department’s assessment schedule has forced the district to revise the school calendar. Superintendent of Schools Margaret Puzio noted that April 27, initially scheduled as a Superintendent’s Conference Day, a scoring day for the State ELA tests, and a day off for students, is now a testing date for state math assessments.

The proposed calendar change that is under consideration for the district is to have a half-day of school on April 27 to accommodate the state math assessments in the morning and accommodate the scoring of ELA tests in the afternoon. As soon as the decision is final, it will be announced.

District-wide Bullying Prevention Program
As many media announcements, some tragic, have documented, one of the greatest threats to the safety of schoolchildren today is from bullying by their peers. Because the safety and well-being of our students is such a high priority, staff members have been researching and preparing a district-wide anti-bullying program for the past year.

Superintendent Puzio announced the official implementation of the program, noting that a letter and brochure will be sent home to parents to explain important elements of the program and to enlist their support and cooperation.

The brochure highlights key points of the program such as the Three Key Components of Bullying Behavior (1: aggressive behavior; 2: typically involves a pattern of behavior, repeated over time; and 3: includes an imbalance of power or strength) and the Four District Behavioral Expectations. (1: We will not bully others. 2: We will try to help students who are bullied. 3: We will try to include students who are left out. 4: If we know that somebody is being bullied, we will tell an adult at school and an adult at home.)

Click on the headline to read more

A special parent education meeting with nationally known guest speaker Andy Thibodeau will be held from 6:30 to 8 p.m. Feb. 13 at Batavia High School. Child care, provided by BHS students, will be available during the program.

Students will be introduced to the program during assemblies. Nationally known speaker Jim Jordan will speak to primary grade students in a program titled,"Friends Helping Friends,” and to students in grades three through five in a program titled, "Super Hero -- Stop Bullying." Andy Thibodeau, in addition to speaking to parents, will address middle and high school students in February with his program, "Share Your Care! Care in class, in school and in life!”

Parent Shares Concern Regarding Consolidation
A parent addressed the Board of Education, voicing concerns regarding the proposals for consolidation. She stated that she -- as well as teachers and parents she has spoken to -- do not feel middle school is a good environment for fifth-graders for safety and academic reasons. She also related that many Batavia families have purchased their homes based on the location of particular elementary schools, and that they do not want to see the community school model changed.

She noted that parents she has spoken to are exploring the options available for enrolling their children in nearby districts or private schools should the consolidation take place. While recognizing that the district needs to rein in expenditures, she urged board members not to vote for any proposal that would include moving fifth-grade students to the middle school.

Backpack Food Drive Runs This Week
Superintendent of Schools Margaret Puzio reminded all who were present that the food drive to benefit the Backpack Program is running through this week  (Jan. 9-13). Donation boxes are set up at each of the schools as well as at the administration building, and she urged all who can to contribute to it.

She also reminded those present that admission to the Batavia High School  boys’ basketball home game on Friday, Jan. 13, will be free with a donation of at least one food item to benefit the program. (The boys play the Pittsford-Mendon Knights, with JV game starting at 6:15 p.m. and varsity at 7:45 p.m.) Suggested items are those that are nutritious and that require little or no preparation such as cereal (individual or 12 oz. boxes), juice boxes, canned soups, macaroni and cheese, applesauce, fruit cups, pudding cups, oatmeal, canned foods (vegetables, ready-made pasta with sauce, etc.), trail mix, cheese and crackers, peanut butter crackers, raisins, peanuts and fruit snacks.

Monetary donations are also welcome. Checks may be sent directly to the Salvation Army, payable to the Salvation Army with a notation for the “Backpack Program” on the memo line. The Backpack Program was started in 2010-2011 in partnership with the United Way and the Salvation Army to provide weekend food supplies for some of our neediest students.

Approximately 100 of our students receive a backpack of nutritious non-perishables each Friday to help provide for their needs through the weekend. Initially funded by the United Way, the goal was to have the program sustained through donations so, soon after the program began, the district sponsored a food drive to collect items from students and staff.

Thanks to their generosity, enough food was collected to support the program through the end of last school year. Puzio is hoping for a similar result during this year’s food drive.

Top Ten Achievements in 2011 for Richmond Memorial Library

Library Director Diana Wyrwa presented the library’s Top Ten Achievements for 2011. Noting that a long-range plan that had been put in place in 2007 is now coming to completion, and that this year will be one of evaluation and new goals. She stressed that planning and partnerships were prime features of the noteworthy achievements. Her “Top Ten” list included:

  • 10) A new window in the Children’s Room of the library, which is more energy efficient as well as aesthetically pleasing.
  • 9) Affiliate Library Status with Family Search International, providing a huge boost to those interested in the field of genealogy.
  • 8) A total of 1112 programs offered, including, for example, story hours, book discussions, computer classes (in partnership with NIOGA Library System),various craft classes for adults, monthly “Reel” Discussions for movies, and A Tale for Three Counties (in partnership between libraries in Genesee, Wyoming, and Orleans counties).
  • 7) A New England Authors Literary Tour (in partnership with 1st Choice Travel) as part of the “Novel Destinations” theme of the adult summer reading program.
  • 6) The hiring of a new children’s librarian, Vinise Campanella.
  • 5) The purchase of many of its own ebooks.
  • 4) Redesigning the first floor, incorporating a bookstore model of placing new material up front and center.
  • 3) Hosting an American Library Association (ALA) Traveling Exhibit, “A Fine Romance: Jewish Songwriters, American Songs, 1910‐1965.” (These exhibits are offered through the ALA Public Programs Office for Library Cultural Programming.)
  • 2) A library book van to be used in partnership with GCASA’s drug-free coalition. In addition to containing educational literature chosen by GCASA, the van can carry a variety of books to places such as the senior citizen residences, Head Start, and the New York State School for the Blind.
  • 1) The successful opening of Best Sellers Café, which was the number one item voted for in the library’s 2008 survey. The café serves a variety of beverages, lunch items and snacks.

Financial Summary Report for November 2011
Business Administrator Scott Rozanski reported on the November 2011 revenue and expenses for the district. Total recorded revenues were up by slightly more than  $1,237,000, or 5.4 percent.

A significant portion of the increase was a BOCES (Board of Cooperative Educational Services) surplus refund of nearly $202,000 or 56 percent over last year at the same time. The refund reconciled the amount owed for BOCES services actually used, with billing that had been based on anticipated use of services for the 2010-2011 school year.

Three other revenue categories also contributed to the increase: State and federal aid, the real property tax levy, and non-property tax items (utility tax). State and federal aid were up $327,000 or 7.3 percent over last year at the same time. This is primarily because of the increase in the Teacher Retirement System (TRS) payment in November, which the state makes on districts’ behalf as part of their annual aid, and which is therefore recorded by districts as revenue.

The tax levy, up $706,000 or 4 percent, is recorded as revenue when it is levied as opposed to when it is received. The utility tax, as previously reported, had been in decline for several school years including 2010-2011, but has been trending upward this year, including the November increase of nearly $80,000 or 33 percent.

Expenses were down by about $1,244,000 or 10 percent, as compared to November 2010.

Slightly more than one third of the decrease, $448,000 or 15 percent, was due to the timing of health insurance payments. Nearly another third, a decrease of slightly more than $368,000 or 26 percent, was in the category of Central Services. This was due in part to a change in the district’s purchasing cycle and the subsequent timing of orders being processed. For example, work done to the administration building to repair the roof and fix earthquake damages were initially charged to the general fund until they could be reconciled at year's end and charged to repair reserves.

Jailed sex crime suspect accused of being child sexual predator

By Howard B. Owens

A Bergen resident already in jail and charged with multiple sex crimes against children is facing new allegations of sexual acts with children ages 11 and 14.

Stephen Irvine Stone, 45, of South Lake Road, Bergen, is now being charged with predatory sexual assault against children, criminal sexual act, 1st, and criminal sexual act, 2nd.

The alleged victims are Genesee County residents, according to the Sheriff's Office.

Stone is accused of having oral sexual conduct with a person who turned 14 in March, when Stone was 44 years old.

During the summer, Stone, who was then either 44 or 45 years old, allegedly had oral sexual conduct with an 11-year-old.

At the end of December, Stone was arrested and jailed on $100,000 bail after being accused of sodomy, 1st, rape, 1st, and criminal sexual act, 1st.

Underlying those charges were accusations that Stone engaged in oral sexual conduct with a 6-year-old girl in 1997 and 1998, that he engaged in sexual intercourse with a 13-year-old girl by forcible compulsion in 2004 and that Stone engaged in sexual intercourse with a 16-year-old girl by forcible compulsion in 2008.

Stone remains in custody on $100,000 bail pending further legal proceedings.

Corfu Fire Department's officers explain state audit to members

By Howard B. Owens

A state audit of the Corfu Fire Department was a good thing for the department, members were told Monday evening at their first regular meeting since the audit was released by the NYS Comptroller's Office.

While the audit uncovered some missing documentation for expenses, it found "no material deficiencies."

"Like I said, it's a very good audit for us and she (the auditor from the state) explained everything to us very well," said Greg Lang, president of the department. "The audit showed incorrect procedures, but no misappropriation of funds."

Treasurer Bruce Fauth reviewed the report for members and then Lang and Fauth discussed what the auditor said during the process.

One of the auditor's findings was that for 26 financial payments totaling $4,779 the department failed to maintain proper documentation. However, as Fauth discussed with members, the expenses were authorized and accounted for.

The audit also nicked the department for not completing an annual report that by state law needs to be provided to members and filed with Genesee County.

Lang told members that the auditor said until she attended a seminar a few days before the audit she herself didn't know about the state law. It applies to all nonprofits in New York, and Fauth said he's never seen the requirement appear in a state audit report before.

"She said you're going to send this (the annual report) to Genesee County and you're going to get a phone call saying, ‘What is this?’ because they're never going to have seen it before," Lang said.

Fauth and Lang said that on every recommendation made by the auditor, the department's executive officers have already put corrective measures in place.

"She told us the reason we do these audits is so that you can correct these issues," Lang said. "As I said, we believe this audit was a good thing for us."

Man involved in Darien accident Friday released from ECMC today

By Howard B. Owens

A Williamsville man who survived what was initially reported as a "bad" crash in Darien on Friday was released from the hospital today.

Matthew D. Holt, 34, of Ellicott Street, Williamsville, managed to crawl from the wreckage of his mangled car after going off the road in the area of 1987 Chick Road at 6:44 p.m., Friday. Responders at the scene described his condition as not entirely coherent when they arrived, though he was walking.

Holt was taken to the Erie County Medical Center by Mercy Flight.

According to the Sheriff's Office report, Holt was westbound on Chick Road when his car drifted into the eastbound lane and then swerved back into the westbound lane. The 2001 Volvo sedan left the roadway on the north shoulder and sideswiped three trees, a rock pile, a shed and a fourth tree.

No cause of the accident is discussed in the report. The report lists no citations issued.

The accident was investigated by Deputy Cory Mower.

(Initial report)

Le Roy woman still in ICU at Strong after being struck by own car Friday

By Howard B. Owens

A 77-year-old resident of the Royal Apartments in Le Roy remains in guarded condition tonight following an accident Friday when she was run over by her own SUV-type vehicle.

Joan F. Cole was reportedly parked and exited her vehicle at 2:20 p.m. when the car began to role. Cole attempted to re-enter the vehicle in an attempt to stop it. She couldn't get in and fell to the ground.

The vehicle's front left tire rolled over Cole's pelvic and leg area.

Cole was transported to Strong Memorial Hospital by Le Roy Ambulance.

At Strong, "guarded condition" means the patient is being cared for in the Intensive Care Unit.

Accused drug dealer facing prison time after guilty plea

By Howard B. Owens

A Batavia resident once shot under mysterious circumstances and later busted with what investigators at the time characterized as a significant amount of narcotics and cash, is facing up to six years in prison after pleading guilty to a drug possession charge.

Carlos A. Torres Jr., 36, of West Main Street Road, Batavia, was on his fourth plea cut-off appearance before Judge Robert C. Noonan on Monday when he entered a guilty plea to criminal possession of a controlled substance, 4th, a Class C felony.

Noonan sets plea cut-off dates, at which point the defendant must either accept a plea bargain, take the his case to trial, or plead guilty with no conditions in place.

When Torres appeared in Noonan's court Dec. 15, it was supposed to be in order to enter a plea or proceed to trial, but Torres, being represented by the public defender, asked for a new attorney.

At his next appearance, Torres was close to retaining an attorney, and by the following appearance last week, Torres had hired an attorney but the attorney had not yet had time to review the case file.

In court today, Torres was soft spoken and kept shaking his head regretfully as Noonan went over his rights to ensure that Torres knew what he was doing in entering a guilty plea.

Torres admitted to possessing cocaine with a weight of at least a half ounce.

He will be sentenced in April. At a minimum, Torres will receive two years in prison.

Two men from Lockport accused of stealing 11 TVs from Darien Lake

By Howard B. Owens
Kaufman Hughes

Two men from Lockport have been arrested and charged with 11 counts of burglary in the third degree.

The men are accused of entering eleven cabins at Darien Lake Theme Park sometime during the fall and stealing 11 HDTVs.

The park was closed for the season at the time.

Arrested and released on their own recognizance were Robert Wakefield Hughes, 26, of Cottage Road, Lockport, and Ryan James Kaufman, 23, of East High Street, Lockport.

Hughes and Kaufman were taken into custody by Investigator William Ferrando.

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