Skip to main content

Erratic driver allegedly displays weapon in dispute

By Billie Owens

Law enforcement is on scene with an erratic driver who displayed a weapon in some sort of dispute in the area of 5248 East Main St. in the Town of Batavia. The suspect vehicle is an SUV. An officer is speaking with the complainant.

Le Roy falls short of undefeated season with 34-29 loss to rival Cal-Mum

By Howard B. Owens

Friday night, under the bright lights of Hamilton Field, a clash of two historic rivals, the Oatka Knights of Le Roy and the Red Raiders of Caledonia-Mumford, was once again its own kind of Fall Classic.

The game was a back-and-forth battle between two well-stocked teams already guaranteed slots in sectional play. It was a fight to the end with the outcome uncertain until the Knights final drive stalled with 30 seconds left on the clock.

Only then, were the Raiders (6-1) assured their six-point lead would hold for a 34-29 victory over Le Roy (6-1).

"I thought it was a great atmosphere for high school football," said Brian Moran, in his 25th season as head coach for Le Roy. "It's just great for both communities. Obviously, we hate to come out on the down side of this, but you know what, it's great for the kids, it's great for the communities and I just thought it was a great atmosphere for high school football and this is what it's about."

The player of the game was Cal-Mum senior QB Kurtis Haut, who rushed for 248 yards and three TDs on 24 carries.

Play after play, it seemed at times, Cal-Mum called QB keepers and Haut would find a hole and exploit it.

Arm tackles couldn't stop Haut who ran through defenders like they were turnstiles in a packed subway station.

Asked for the key to the game and Moran said that was it: Haut.

"Hey that five is pretty good, isn't he?" Moran said. "That's the game right there. The whole story line is him. He's a great athlete and he played a great football game tonight. They made a few more playes than we did and they deserve the win."

Le Roy played well, but not quite good enough. Moran acknowledged the Knights needed to execute a little better, make a few more plays, play better defense, make better tackles and finish off the game offensively.

"We've got to finish it that's the main thing," Moran said. "In a game like today, you've got to be able to make those plays and you've got to be able to go to the last second. I thought we had a chance late but we just didn't make the play when we needed to."

Junior QB Mike McMullen showed a lot of poise with the game on the line, getting the ball with two minutes left and bringing his team deep into Raider territory, but with a minute left on the clock, one last completed pass to advance the ball eluded the Knights' offense.

McMullen finished 18 for 33 for 192 yards and four TDs.

The knights opened the scoring with 3:56 left in the first quarter on a nine-yard pass from McMullen to Jon Pierce, who had six receptions for 86 yards and two TDs on the night.

Cal-Mum answered near the end of the quarter on a 16-yard run by Haut, and so the game went until the fourth quarter, with both sides trading scores.

In the fourth quarter, the Raiders put together the only back-to-back, unanswered scoring drives of the game and that proved pivotal in this match.

A 30-yard field goal by Pierce with 3:09 left in the 4th brought the Knights within six points and a chance for a win those final minutes.

Tom Kelso helped carry the offense with 13 carries for 102 yards. Peter Privitera had 11 carries for 27 yards and Nick Egeling gained 17 yards on five touches. Egeling also had five receptions for 48 yards.

Ryan McQuillen scored twice on four receptions for 43 yards.

On defense, Zack Fitzsimmons had seven tackles, Anthony Paladino, five, Egeling, four, Kelso, four, Lamkin, four, and Steve Cappotelli, four, and a fumble recovery.

Also on Friday night:

Alexander (6-1) beat Pembroke 41-0. Dylan Scharlau, 17 carries for 141 yards and one TD. Will Burke seven carries for 52 yeards. Tristan Alding nine touches for 75 yards. Tyler Laird scored a TD and had 25 yards on four rushes. Burke was 5 for 8 passing for 105 yards and 3 touchdowns.  Sam Browne, 2 catches for 61 yards and a TD.  He also had a 65 yard punt return for a score. Zach Laird had an 11-yard TD reception and Jacob Riggs had a 15-yard TD reception. Pembroke had only 49 yards total offense. Tyler Laird had seven tackles and one sack and one fumble recovery. With a share of the GR league title, it's the first time Alexander has come out on top in the division since 1977.

Elba/Byron-Bergen plays at Finney today. Oakfield-Alabama is at Holley. Batavia is at Olympia.

Lamkin forces a Joe Cappotelli fumble in the second quarter.

Haut scores on a 50-yard TD run late in the second quarter.

Pierce hauls in 52-yard TD pass from McCullen early in the third quarter.

McQuillen looks for and gets a pass interference call during the Knights' final possession in the closing minutes fo the game.

To purchase prints of photos, click here.

Attica runs past ND, forces three-way tie for G-R title

By Nick Sabato

Attica took home a share of the Genesee Region League championship after defeating Notre Dame, 28-14.

Notre Dame came into the contest with a chance to finish undefeated in the regular season, and win the league outright for the first time since 2002. For Attica, a win would guarantee them at least a share of the league title. It would also guarantee them home field advantage in the first round of sectionals, and it would avenge a loss to the Fighting Irish almost exactly one year ago that cost them the league championship.

It would be Attica who would come out on top in this game, forcing a three-way tie with Notre Dame and Alexander.

The Blue Devils saw the return of star running back Matt Perry, who missed the last two games due to injury, and they felt his impact immediately. Perry ripped off a long run to put Attica deep into Notre Dame territory, before he finished off the drive with a 24-yard touchdown run less than five minutes into the game.

Notre Dame would respond a few minutes later after their star, quarterback Tim McCulley, took off on a 58-yard touchdown run to knot the game at 7.

Neither team could gain the upper-hand throughout the second quarter, with Attica getting the best opportunity of the frame after they stopped an Irish fake punt attempt inside their own 20 with five seconds left in the half. The Devils would miss a field goal as time expired and the score remained tied at halftime.

Perry would strike again, ripping off a long run to set up another seven-yard touchdown scamper early into the third quarter to take a 14-7 lead. Attica would strike again less than two minutes later after Jake Dollard scored on a 40-yard run to take a two-score lead.

The Irish refused to go away, however, as they cut the lead in half just before the end of the third quarter as McCulley found Jason Hart in the end zone on a six-yard pass just after McCulley found Josh Johnson on a 32-yard pass and catch on third down to move the chains.

Attica would once again respond, as they began their ensuing possession at midfield. Jake Strzelec, who scored two touchdowns a week ago, would scamper 23 yards to regain their 14-point lead just a minute into the fourth quarter.

The Blue Devil defense would hold strong in the fourth quarter, keeping Notre Dame out of the end zone, including a big stand on fourth down at the Attica 16-yard line with just four minutes to play in the game.

“We challenged our team,” said Attica Head Coach Rob Cusmano. “We had worked hard all season. It has been 366 days since [Notre Dame] beat us. They thought about that and worked very hard since then.”

Notre Dame struggled to find their rhythm on offense all night, as the Attica defense held the Irish to 163 yards of total offense, including 35 on the ground.

After throwing six touchdown passes a week ago, McCulley was held to just 12-of-34 passing for 128 yards and was sacked eight times.

“We didn’t execute,” said Notre Dame Head Coach Rick Mancuso. “We dropped a couple of balls, missed a couple of blocks and they played well defensively. We didn’t make good of the opportunities when we had them, they are a very good ball club.”

The return of Perry was a key factor for the Blue Devils as he picked up 162 yards on 29 carries, and also caught two passes for 44 yards.

However, Attica’s team attack was just as potent on the ground as they racked up 302 rushing yards, 69 from Strzelec.

“Matt [Perry] makes a huge difference,” Cusmano said. “They were keying him in the second half so we hit Stzelec and Dollard for long runs. Perry is a great runner, but we have two other great guys, too.”

While the Irish failed to win the league outright, they still claim a share of the crown along with Attica and Alexander, who defeated Pembroke 41-0. The Trojans defeated Attica three weeks ago, while Notre Dame beat Alexander earlier this season. All three teams finish the regular season with a record of 6-1.

Notre Dame should also still maintain the top seed in Class D as they hold the head-to-head tiebreaker with Alexander.

“Our goal was to make sectionals,” Mancuso said. “That’s our goal: to make sectionals and then win it, and hopefully we go a little bit further than we did last year.”

Caller reports hearing gunshots on Myrtle Street in Le Roy

By Billie Owens

A caller reports hearing four gunshots in the area of Myrtle Street in Le Roy. Police are responding.

UPDATE 7:33 p.m.: One person at a business told an officer he heard four sounds. Other people officers spoke with in the vicinity said they heard nothing unusual. Police are back in service.

Batavia PD seeks public's help in its investigation of Liberty Street store burglary

By Billie Owens

Press release:

The Batavia Police Department is investigating a forcible entry burglary at the I.D. Booth, Plumbing, Heating and Electrical Supply at 60 Liberty St.

The crime took place between 9 p.m. Thursday, Oct. 17, and 3 a.m. this morning, Friday, Oct. 18.

Suspects made forcible entry into the business and committed the larceny of a large quantity of Milwaukee brand power and hand tools.

Anyone with information is requested to contact the Batavia Police Department at 585-345-6350. Persons may also provide information via the Batavia Police Department's Confidential Tip Line at 585-345-6370 or by accessing the Suspicious Activity link of the Web site of the Batavia Police Department.

Felony arrest warrant issued for suspect in State Street shots-fired incident

By Howard B. Owens

A felony warrant has been issued for a suspect in the State Street shots-fired incident Sept. 27 as police continue their investigation of that matter as well as the report of shots fired on Jackson Street on Oct. 8.

Police are looking for information on the whereabouts of Batavia resident Dashawn Allen Butler, who is described as a black male, 34 years old, 6' 2" and 183 lbs.

Butler, who has prior arrests in the city, has resided at 101 Summit St.

According to a law enforcement source, Butler was questioned in connection with a shots-fired incident at Walmart on Jan. 22. The following month, the mechanic for a resident who had been at Walmart that evening discovered a bullet had hit the radiator of the car driven by the resident.

Batavia PD can be reached at (585) 345-6350, or the confidential tip line is (585) 345-6370.

Residents are cautioned not to try to apprehend or detain Butler. If seen, witnesses are asked to call 9-1-1 immediately.

According to a release from Batavia PD, investigators are continuing to follow and develop leads in the two recent incidents.

Physical evidence was recovered at the Jackson Street scene and was sent to the NYS Police Forensic Investigation Center in Albany for DNA and fingerprint analysis.

Investigators believe three people were involved in the Jackson Street incident. Two people were identified and questioned and one has been detained on an alleged parole violation and is being questioned further by Batavia PD.

The department is working with members of the Local Drug Enforcement Task Force (the local major crimes unit) and NYS Parole.

“Batavia is not going to tolerant this type of violence,” said Chief Shawn Heubusch in a statement. “We are committed to providing safe neighborhoods for our residents and Police Department and citizen collaboration is vital to maintaining a safe City.”    

Pavilion soccer team avoids taking a loss in 2013 season

By Howard B. Owens

Photo and information provided by Tracy Norway.

The seventh- and eighth-grade soccer team from Pavilion went undefeated in 2013, finishing with a record of 11-0-2.

From left, Josh O'Neill, Timmy Zipfel, Joe O'Neill, Zach Weidrich, Cody Penders, Ryan Moffatt, Brandon Wilson, Matt Bernard, Jason Normandin, Coach Hollinger.

Notre Dame JV football team completes undefeated season

By Howard B. Owens

Information and photo provided by John Borrelli.

The JV football squad for Notre Dame beat Alexander yesterday to finish out the season with a 7-0 record.

If the varsity beats Attica tonight, it will be the first time in school history that both JV and varsity went undefeated in the same year.

The team is comprised of the following players and coaches:  Peter Daversa, James Farmer, Larry Infantino, Connor Logsdon, Casey Midwick, Chris Morris, Michael Muehlig, Ethan Osborn, Charlie Stevens, Jack Sutherland, Robin Zhang, David Bohn, Freddie Cunningham, Carson Decarlo, Isaiah Flow, Jordan Lyons, Brad Misiak, Tyler Reese, Jake Weatherwax, Jordan Weatehrwax, Caleb Wolcott, Jimmy Zickl, Nico Zambito, Head Coach John Borrelli, Assitant Coaches Chuck Tomaszewski, Bill Sutherland, Bob Zickl, Otis Thomas and Mikey Rapone.

County may need to exceed property tax cap to cover state-mandated expenses

By Howard B. Owens

In effort to keep pace with increased expense demands, the County Legislature may need to pass a budget resolution overriding the state's cap of a 2-percent increase on the tax levy, according to County Manager Jay Gsell.

Gsell is recommending an increase to $10.11 per thousand of assessed value, up from the current $9.89 and increasing the total levy by $527,000.

A property tax increase that keeps levy below the cap level would add only $353,000 in revenue.

The total county spending plan, including local and mandated expenses is $149,100,167.

Even though all county departments turned in discretionary budgets that hold the line on local spending, state mandates expenses continue to test the county's ability to generate sufficient revenue to balance the budget.

The big budget issues are the Genesee County Jail, with a state-mandated increase in corrections officers, and the County Nursing Home, with $18.5 million in "heavily mandated" expenses that continue to drain the county's general fund.

Since the state refuses to provide mandate relief or pay the expense of its mandates, a full 71 percent of the county's tax levy goes to these mandated programs.

One of the largest expenses is the $9.96 million in local share of Medicaid.

The county's revenue projections for 2014 includes an anticipated 9-percent increase in sales tax revenue.

To read the full budget message, click here.

Three Rochester men accused of brazen attempt to steal $1,900 in merchandise from Walmart

By Howard B. Owens
Michael Dawson Keith Brantley Eric Strong

Shoplifting at Walmart usually results in a petit larceny charge, but three men from Rochester yesterday allegedly tried to make off with so much loot they were arrested on felony grand larceny charges.

All three were arraigned in Batavia Town Court and ordered held without bail.

Chief Deputy Jerome Brewster said store security informed the Sheriff's Office some time before noon that the three men had entered the store and had been identified as possible thieves at other Walmart locations.

Patrol cars pulled into the Walmart parking lot and waited.

"We waited to see if they were going to pay, or walk out without paying," Brewster said. "They decided they were going to walk out without paying."

The men allegedly pushed out a single shopping cart filled with totes that were filled with merchandise. The men were also accused of having stolen merchandise on them.

The total value of the merchandise was placed at $1,900.

Charged with grand larceny in the fourth degree, a Class E felony, were Keith Lamar Brantley, 43, of Adams Street, Rochester; Michael Joseph Dawson, 49, of Forbes Street Rochester; and Eric Lee Strong, 53, of Wellington Avenue, Rochester.

As brazen as the alleged theft attempt seems to be, Brewster said he believes this sort of crime is common. We just never hear about it.

"I believe this type of retail theft activity is pretty much going on all the time," Brewster said. "The amount of inventory going out of these stores without being paid for is unbelievable."

Law and Order: Two drivers involved in accidents charged with DWI

By Howard B. Owens

Robert Daniel Nowakowski, 38, of Bonnie Brae Drive, Darien, is charged with DWI, driving with a BAC of .08 or greater and failure to keep right. Nowakowski was arrested following an investigation into a traffic accident on Route 20, Darien, at 6:39 p.m., Thursday. Nowakowski stated he swerved to avoid a deer and reportedly overcompensated. His car struck a National Grid utility pole, shearing the pole near ground level. The accident was investigated by Deputy Patrick Reeves. (Initial Report)

Richard Matthew Godlove, 35, of Main Street, Oakfield, is charged with DWI, driving with a BAC of .08 or higher, failure to obey traffic control device, moving from lane unsafely and failure to notify DMV of address change. Godlove was involved in a motor vehicle accident at 7:03 a.m., Sept. 14 on Route 237, Byron. Godlove reportedly drove his vehicle on a closed portion of Route 237 and struck a concrete barrier. Godlove was arrested following completion of a toxicology test.

Ellen Marie Martinez, 26, of Main Street, Batavia, is charged with falsifying business records, 1st, and grand larceny, 3rd. Martinez is accused of falsifying Section 8 records while receiving benefits through Pathstone, resulting in $10,054 in wrongfuly obtained benefits.

Batavia Downs shows off modern new casino room during grand reopening ceremony

By Howard B. Owens

This afternoon, Batavia Downs hosted a ribbon-cutting and grand reopening of its casino room expansion on the first floor of the historic facility.

The new gaming area has been open for a week and that first week of revenue exceeded by 20 percent the previous record week for Batavia Downs, said Ryan Hasenauer, marketing director for Batavia Downs.

The expanded casino area also includes a new sports bar called Rush 34, officially hosted by former Bills great Thurman Thomas.

Ribbon cutton: Assemblyman Steve Hawley, State Sen. Patrick Gallivan, State Sen. Mike Ranzenhofer and Maurice Gardner, representing the City of Buffalo.

Speaking is State Sen. Patrick Patrick Gallivan, who represents Erie and Wyoming counties, which are counties that also benefit from revenue generated by Batavia Downs.

Speaking, Assemblyman Steve Hawley.

Among the amenities in the expansion is a water fountain that drops water in sculpted form, be it letters spelling out Batavia Downs, symbols from slot machines or geometic patterns. Here's a video of the fountain:

Car accident at Route 33 and Lyman Road, Bergen

By Billie Owens

A car accident with minor injuries is reported at Route 33 and Lyman Road in Bergen. Bergen fire and medics are responding. The vehicle is said to be about 20 feet off the roadway into some small trees.

UPDATE 7:35 p.m.: Bergen is back in service.

UPDATE 7:50 p.m.: An 18-year-old male is being taken to UMMC with complaints of left-side pain in his hip, back and ribs.

Car rams into pole on Route 20, Darien

By Billie Owens

A car rammed into a power pole at 2510 Broadway Road (Route 20), west of Darien Alexander Townline Road. Live wires are down, a transformer is also down and leaking fluid. "The road is smoldering from arcing wires." Darien fire is responding and Mercy medics.

UPDATE 6:48 p.m.: Alexander Fire Police are called to stop all westbound traffic on Route 20 at Route 98. National Grid has been notified; no ETA given. A responder says a live line is down across the car. The driver is out and denies any injuries.

UPDATE 7:05 p.m.: Attica Fire Police are responding to shut down eastbound traffic on Route 20 at Route 238.

UPDATE 7:54 p.m.: The power for the lines has been shut off.

UPDATE 8:07 p.m.: Route 20 is reopened. Darien, Attica and Alexander are back in service.

Car wreck at Walkers Corners Road and Byron Road

By Billie Owens

A two-car accident is reported at Walkers Corners Road and Byron Road. A 62-year-old subject complains of chest pain. The vehicles are leaking fluid. Byron medics, Byron and South Byron fire personnel are responding.

UPDATE 6:03 p.m.: One of the vehicles is blocking the intersection.

UPDATE 6:42 p.m.: One person was transported to UMMC. Responders are back in service.

Natural Resources Conservation field office reopens, Soil & Water District moves back to its office

By Billie Owens

Press release:

Last night Congress passed a Continuing Resolution for Fiscal Year 2014, which included funding for the Natural Resources Conservation Service and various other federal agencies.

With the reopening of the Federal Government, each agency has been working diligently to open offices and start addressing the backlog created by the temporary lapse in service.

Here is the status for the Natural Resources Conservation Field Office, Batavia:

1. Field Office reopened Oct. 17th;  procedures for an orderly start-up have commenced.

2. The Genesee County Soil & Water Conservation District has begun moving its temporary quarters back to the USDA Service Center.

3. Web sites and other Web resources are coming back online for conducting daily tasks/operations.

4. Program deadlines will likely be extended – more guidance will be forthcoming.

5. Priority over the next couple weeks will be to insure USDA eligibility issues are being addressed, conservation practices are installed, certified and paid, and processing of new applications.

6. Designs, conservation planning, and HEL/WC requests are currently on hold.

Thank you for your patience during the government shutdown and if you have any questions about the status of your project, application or contract, please feel free to contact Heath Eisele, District conservationist USDA-NRCS Batavia Field Office.
 
Phone: 585-343-9167, ext. 115
Fax: 585-345-1815
Cell: 585-490-9365

Farm tour ends, tourists find themselves stranded -- where's the bus?

By Billie Owens

A group of at least 12 people who finished touring a local farm returned to the bus only to find it gone. The full-size passenger bus, all their belongings, and the driver -- gone.

One of them called dispatch about their predicament and Sheriff's deputies are going to their location. We're not sure, but believe it is in the Elba area. The dispatcher said there is a language barrier.

UPDATE 5:31 p.m.: The location is on Watson Road, Elba.

UPDATE 5:51 p.m.: The bus driver left apparently over a dispute about payment. The bus that allegedly left the group stranded is described as a white bus with black trim, not as large as a Trailways bus. It has rear doors that swing open and it bears a New Jersey license plate. The male driver is wearing a tan jacket. People are trying to get another bus to the location, but the passports and other personal items are, of course, still on the bus that disappeared.

UPDATE (by Howard): The driver returned of his own volition. He said he felt bad and came back. His name is Hector and he's an independent operator out of New Jersey. He was hired by a company based in Staten Island. He was given a $1,000 up front, but was supposed to have already been paid another $7,800, he said. He showed me a text message from the person he claimed was the owner of the transportation company promising him $5,000 on Saturday. Of course, the tour is over by then so Hector wasn't impressed with promise. Hector agreed to take the tour members back to their hotel in Geneseo. He isn't, at this point, promising to continue with the tour. The tourists are from the Czech Republic on an agriculture tour of WNY.

Alleged attempt to avoid traffic stop leads to minor accident in trailer park

By Howard B. Owens

A driver's alleged attempt to avoid a traffic control device at Route 33 and Batavia Stafford Townline Road drew the attention of a trooper this morning and led to a short pursuit that ended when the car struck a mobile home.

The driver of the car and her passenger where both arrested.

Cailee A. Neiss, 19, of Byron, was charged with several traffic violations including reckless driving and avoiding a traffic control device.

Nickolas Sutherland, 23, of Byron, was charged with criminal possession of a controlled substance, 7th, and unlawful possession of marijuana.

Neiss allegedly drove through the Arrowmart parking lot in an effort to avoid the stoplight at the intersection.

According to State Police, "the operator, upon seeing the flashing lights of the patrol car, attempted to avoid being stopped, drove recklessly turned onto Gaslite Lane and subsequently struck a mobile home causing minor damage."

Nobody was home at the time and there were no injuries reported in the accident.

Neiss was issued a summons; Sutherland was issued an appearance ticket.

NY State Court of Appeals unanimously upholds Scott Doll's murder conviction

By Billie Owens
Mug shot of Scott Doll the morning of his arrest.

Today the New York State Court of Appeals unanimously upheld the murder conviction of Scott Doll.

A jury found him guilty on May 20, 2010 of killing Joseph Benaquist, a fellow former corrections officer and business partner.

The main consideration of the appellate judges was whether the police took appropriate action under what's known as the emergency doctrine in detaining Doll without reading him his Miranda warnings and initially interviewing him without an attorney present. Law enforcement's response "to a serious and ongoing exigent situation under the emergency doctrine" was deemed reasonable.

In the ruling by the seven justices, the circumstances of the case were recapped:

On Feb. 16, 2009, Genesee County Sheriff's Deputy James Diehl responded to a report of a suspicious person walking on Lake Road in Pembroke and he found a man wearing a camouflage hunting outfit and a white hood. The man dropped a metal object and pulled a lug wrench from his pocket and the officer saw what appeared to be wet blood stains on the man's knees, thighs, hands and shoes.

When asked, the man produced a correction officer identity card with his name on it -- Scott Doll, who proceeded to say he was out walking to lower his blood pressure because he had a doctor's appointment the next day. He asked for a ride to his van at a car lot and the deputy agreed to take him there.

Once inside the patrol car, the firefighter who initially placed the 9-1-1 call came to the scene and told the officer that he'd noticed the defendant at the lot and the guy turned away and crouched between two cars to try and hide. Based on this information, the deputy told the defendant he was being detained until the situation was assessed. Doll was frisked and handcuffed.

When asked about the blood on his clothes, Doll said his was wearing his camouflage outfit because it was cold, but didn't explain why the clothes had wet blood on them. The deputy drove Doll to his van and discovered blood in several places inside and outside the van and bloody gloves nearby.

Soon other police officers arrived and noticed blood on Doll's face and noticed he left bloody footprints in the snow. Around this time Doll asked to speak to his divorce attorney. He was then questioned about whether the blood was from a deer or a human, Doll declined to explain the source of the blood or to take the officers to an alleged butchered deer.

Judge J. Gaffeo wrote: "These unusual circumstances caused the deputies to believe that a person may have been injured in an accident or assault so they continued to question (the) defendant despite his request for legal assistance."

Doll repeatedly told officers he couldn't answer their questions and police tried contacting his family and acquaintances to determine whether anyone needed emergency aid. Officers also searched the area for an injured person. Eventually, they went to the defendant's business partner's house and discovered Benaquist bludgeoned to death in his driveway. In the meantime, police impounded Doll's van and took him to the Sheriff's Office, where he was photographed, DNA tested, and his clothes seized.

Hours later, a friend and former coworker asked to speak with Doll. An investigator, who was aware of the business partner's demise, initially rebuffed the visitor. Then the investigator relented and said he would be staying in the room and taking notes.

Doll told the woman that the case didn't involve an animal; he had been present but didn't do anything; the case was "open and shut"; he would be going to jail and probably get what he deserved.

The investigation, indictment for second-degree murder and prosecution followed.

Doll's attorney, Paul Cambria, moved to suppress statements made to police and to his female friend, as well as all the physical evidence, primarily claiming his client had been arrested without probable cause, interrogated in violation of his right to counsel and without receiving his Miranda warnings.

Genesee County Court conducted an evidentiary hearing and ruled the detention and questioning of the defendant were justified under the emergency doctrine. However, County Court did suppress the defendant's DNA test results because the police could've obtained a warrant.

A jury subsequently convicted Doll of second-degree murder and he was sentenced to a prison term of 15 years to life. That conviction was appealed and in 2012 the Appellate Division majority determined the police actions were reasonable in this emergency situation. Two justices dissented, saying the emergency doctrine was not applicable since the police didn't know whether an actual crime victim existed.

The dissension allowed Doll's attorney to then appeal to the New York Court of Appeals. The justices agreed that police properly relied on the emergency doctrine in light of the "peculiar circumstances" they were confronted with because "...the emergency doctrine is premised on reasonableness, not certitude."

As to the defense seeking to suppress statements Doll made to his friend at the Sheriff's Office, saying it amounted to the police using the woman to conduct the functional equivalent of a custodial interrogation, the Court of Appeals disagreed. Its ruling states the purpose of the Miranda rule is to prevent government officials from "using the coercive nature of confinement to extract confessions that would not be given in an unrestrained environment." As a matter of law, Doll's conversation with his friend did not constitute an interrogation.

Finally, as to Doll's challenge of the legality of his detention by police, the panel ruled it had no merit.

Top Items on Batavia's List

NOW HIRING seasonal agribusiness positions. CDL A & B Drivers to deliver bulk crop nutrients. Potential long-term opportunities. Great for retirees! GENERAL LABOR positions. Daily variety of indoor/outdoor responsibilities. Loader experience a plus. SIGN-ON BONUS and plenty of OT during spring/summer months. Apply in person at: 8610 Route 237, Stafford, NY www.cecrocker.com
Tags: Jobs offered

Authentically Local