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To drive or not to drive? That is the question (for senior citizens)...

By Daniel Crofts

Watch out for the little old man hobbling along with his walker the next time you're at the store -- he could be dangerous.

Dangerous on the road, that is.

Batavia resident Catherine Roth said she has seen a number of people out in public -- most of them senior citizens -- who drive even though they shouldn't.

"I once saw this man who could barely walk, and he's got an SUV!" Roth said.

Roth is well-known in Batavia for voicing her concerns about elderly drivers. This started with the death of her 30-year-old son almost 20 years ago.

Jim Roth was killed in October 1991 by an 81-year-old man driving the wrong way on Route 481 in Syracuse.

Catherine and her husband, who died two years ago, both worked hard to toughen the rules regarding elderly citizens on the road. Roth defends her position by citing laws in other states -- including "Katie's Law" in Texas, and a New Hampshire law requiring drivers over 65 to be tested every five years -- that regulate and limit senior drivers.

She has caught wind of some resistance to her efforts among Batavia's older population, but she sticks to her guns nonetheless.

"We have all these laws for young drivers," Roth said, "but when we talk about laws for elderly drivers, forget it!"

The trouble is, Roth has come to the point where she herself might have to surrender her place behind the wheel. She will be 90 years old soon, and has concerns about whether or not she should still be driving.

"I've been thinking about giving up driving for the past several years," she said. "When I realized I would be turning 90 and that my license was going to expire (this month), I realized I had to decide whether to renew the license or quit driving."

Roth said she doesn't have any specific problems that compromise her ability to drive safely, but she worries that "reaction time" might slow with age.

"Right now I drive as little as possible," she said. "I drive to Stafford three or four times a week to work at the museum. Everone who's rode with me has said I'm a good driver. But I've already begun to explore different ways of getting around (like taking a taxi)."

Roth actually asked to be re-tested to see if her driving skills were up to par -- her request was denied.

At this point in time, New York State has no system set up for that sort of thing. Re-taking the driver's test is only possible for those who have been reported.

This is an important issue for Roth, because better testing for senior drivers is one of the reforms she and her husband pushed for over the years.

"A lot of times, all it seems to depend on is eyesight," she said. "If someone's eyesight is good, he can mail in his license and get it renewed. That's just wrong!"

She then pointed out that the person in question could have very good eyesight, but at the same time barely have the ability to walk.

Sometimes, according to Roth, even a doctor's caution is unhelpful.

"If their doctor tells them they shouldn't drive, they'll go to a different doctor."

Roth understands seniors' reluctance to give up their licenses and, by extension, their independence.

"I've been without a car for the past week, and it's been driving me nuts!" she said.

Most of Roth's friends are in their 80s and in the same boat. She is far from unsympathetic to the tough decision facing older drivers.

"I know you want your independence -- but darn it, don't kill my son or anyone else."

She shared some recommendations for seniors who would like to continue driving, but not be a danger to other drivers: don't drive at night; avoid streets near schools around the end of the school day; and avoid big cities.

In addition, she listed some decent alternatives to driving for seniors who still need to get around.

"The Office for the Aging has some good programs," she said. "And you can take a taxi in Batavia for about $5. And then there's always the option of turning to friends, but you try not to bother people for little things.

"It's best to do all of your errands in one trip (so you don't have to call your friends whenever, for instance, you need some milk). You try to keep your independence, even if you have to be dependent in some ways."

 ADDITIONAL FACTS ABOUT ROTH:

Roth is on the Board of Trustees for the Stafford Historical Society, and just finished -- after nine years -- serving on the Board of Trustees for Batavia's First Presbyterian Church. She is also a volunteer at the Batavia Cemetery.

A most interesting fact about her is that she is a triplet. She and her two sisters will be celebrating their 90th birthday very shortly.

"As far as we know, we're the oldest living triplets in the United States," Roth said.

Grass fire by railroad tracks in Byron

By Billie Owens

A grass fire is reported along the south side of the CSX railroad tracks between Dublin and Beaver Meadows roads in Byron.

Byron, South Byron and Bergen fire units are called to the scene. There is a CSX representative at the scene.

UPDATE (12:20 p.m.): Bergen is asked to stand down. It is back in service. Both directions of the railroad line are being shut down while the firefighters are working to extinguish the blaze.

Batavia man admits to dealing drugs and now faces prison term

By Howard B. Owens

A lifelong Batavia resident admitted in Genesee County Court this morning that on July 17, 2009 in the parking lot at the corner of North and Bank streets, he sold a quantity of cocaine to an undercover agent.

Dyllon E. Soccio, 20, of 134 Tracy Ave., pled guilty to a single count of criminal sale of a controlled substance, 4th.

Last month Soccio pled guilty to criminal possession of marijuana.

Both felonies carry a maximum sentence of two and a half years in prison. As part of a plea deal, Soccio is eligible to serve the sentences concurrently.

He will be sentenced on Sept. 21.

Dressed nicely in faded light-colored pants and a white shirt, Soccio said little in court today except to answer Judge Robert Noonan's questions.

Soccio was charged in the 2009 sale on July 20, the same day he admitted to possessing marijuana.

The marijuana was found in his residence when it was raided June 23 by the Local Drug Enforcement Task Force. During that raid, agents also found several grams of hallucinagenic mushrooms. Charges related to the mushrooms were waived in exchange for the plea on the marijuana possession charge.

Barn: Old Creek Road

By Howard B. Owens

Today, I came upon this barn -- though I'd seen it before -- on Old Creek Road, Batavia. Today seemed like the right day to take a shot of getting it on film (so to speak).

Pavilion bulk water filling station closed until November

By Howard B. Owens

While Pavilion's water tower is being repainted, the town's bulk water filling station will be closed, according to Town Supervisor Gary Knepshield.

It will be closed until November.

A town employee told me residents use the station for supplemental water, such as filing their pool, extra water for livestock and extra water when wells start to produce less water during the summer.

Knepshield said town residents can go to 2712 Short St., York, for water until the station re-opens (map below).


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New diner planned for location on Ellicott Street Road

By Howard B. Owens

Alice Buckel places lettering on a sign on the property of the former Beehive Diner, 4974 Ellicott Street Road, Batavia, to let the world know it will soon be the Fedora Diner.

The Beehive closed years ago and the building near the corner of Ellicott and Shepard was most recently a location for the St. Nick's Club Ladies Auxiliary.

Buckel has crews inside painting, cleaning and installing restaurant equipment. The outside is also being repainted. She expects it will be six to eight weeks before the Fedora Diner opens.

The name was suggested by her son, who will play piano in the diner once a week. The interior theme will suggest the 1940s era.

"I wanted to do something on my own," Buckel said.

She has previously run her own cake-decorating business from her home.

The diner will be open for breakfast and lunch, closing at 2 p.m.

Among the specialities planned, Buckel said, are mini-donuts and special pancakes.

As new anti-DWI program draws near, local company seeks to become vendor for locking devices

By Howard B. Owens

Just about any driver who has been charged with DWI in the past eight months, but hasn't been sentenced yet, should plan on a future of blowing into a tube to start his car.

On Aug. 15, a provision of Leandra's Law goes into effect that will require drivers convicted of DWI to have installed an "interlock" device, which is a piece of equipment that can measure the blood alcohol content of a driver and prevent the car from starting if the BAC is over certain limit.

County officials say, no matter how imperfectly the law was drafted, they're ready for the new regime.

"The way the law was written, it does cause some chaos," said Ed Minardo, director of Genesee Justice. "We'll try to do as we always do in the county and implement it in a way that does not impact the business flow. We'll manage it."

The Probation Department will oversee many of the drivers who will be required to have the devices installed on all personal vehicles, but not all people convicted of DWI are put on probation. Some people are given a "conditional release," which means they get a degree of supervision by Genesee Justice.

Julie Smith, head of probation, said six manufacturers of interlock devices were approved by New York, but the Probation Department was able to set its own criteria for approved devices.

For Genesee County Probation, devices must have a camera to confirm who is blowing into the tube and issue real-time reports to the probation department.

Only two manufacturers currently offer such a device, Consumer Safety Technology, the manufacturer of Intoxalock, and Interceptor Ignition Interlocks.

The Intoxalock is represented in Genesee County by Bill's Auto on Evans Street, Batavia. Interceptor does not yet have a known installer in Genesee County.

Another manufacturer, Smart Start, recently contracted with The Detail Shop, 3875 W. Main St. Road, Batavia, to install its device.

While the Smart Start device lacks real-time reporting, it does have an infrared camera.

Assistant County Manager Frank Ciaccia, who is in charge of the DWI fund (money collected from DWI fines used for anti-drinking-and-driving measures), visited The Detail Shop on Thursday to get a demonstration of the Smart Start Machine.

He said he wanted to fully understand its capabilities and to see whether it will meet county needs.

The Detail Shop owner James Gayton said adding the Smart Start installation to his business's offerings just made sense. The Detail Shop already offers custom installation of sound systems, GPS systems and other similar in-car electronics. He's hopeful his company will soon be added to the approved list for Genesee Justice and possibly County Probation.

Pictured are Ciaccia, front, Gayton to his left, then Nelson Baker and Michael Surujballi, both with Smart Start.

Gas leak shuts down East Bethany-Le Roy Townline Road

By Howard B. Owens

A gas line break caused by construction work has led to East Bethany-Le Roy Townline Road being shut down.

Le Roy Fire responded and now reports the road will be shut down for at least another hour.

National Fuel is on scene and is now checking area residences for leaks or pilot light problems.

UPDATE: Woman faces two felony charges after allegedly shooting husband in his knee

By Howard B. Owens

A Corfu woman is being held in Genesee County Jail without bail after allegedly firing a .22 caliber rifle several times at her husband Sunday night, striking him once in the knee.

Patricia A. Hardesty, 52, of 3483 County Line Road, Corfu, is charged with one count of assault, 1st, and one count of criminal use of a firearm, 1st.

Her husband, Robert Hardesty, was transported to ECMC where he is listed in stable condition.

UPDATE: The State Police have released more information regarding this incident. Hardesty and her husband reportedly argued all weekend. After the last argument, Hardesty allegedly grabbed a gun from inside the house and went out to the patio where her husband was cooking on the grill and fired several shots at him.

(Initial Report)

Batavia man allegedly tried to outrun law enforcement, until he ran out of gas

By Howard B. Owens

A Batavia man allegedly led Avon and Livingston County law enforcement on a high-speed chase into Genesee County, where he initially evaded detection, according to the Genesee County Sheriff's Office.

A vehicle reportedly being driven by Randy S. Rumble, 27, of State Street, Batavia, was spotted in the Tops gas station in Le Roy and a Sheriff's patrol followed it out of the station and identified it as the same vehicle chased into the county.

Rumble was eventually taken into custody on Morganville Road when his car ran out of gas.

He's been charged with Genesee County with felony DWI, felony driving with a BAC of .08 or greater, felony unlicensed operation, unlawful fleeing law enforcement, failure to yield to emergency vehicle, two counts of failure to stop for a stop sign, unlicensed operation and consuming alcohol in a motor vehicle.

Rumble was arraigned in Town of Stafford Court and jailed on $5,000 bail. Charges are pending in Town of Le Roy, Village of Avon and Livingston County.

At about 7:20 p.m., Avon police notified Genesee County dispatch of a pursuit on westbound Route 20. The pursuit entered Genesee County on Route 20 and continued north on Route 63.

At that point, the Avon patrol broke off the pursuit and lost sight of the vehicle.

A short time later, a citizen called dispatch and reported seeing a car matching the suspect vehicle driving north on Roanoke Road.

It was soon after that that a Sheriff's patrol spotted the suspect car at Tops.

Rumble allegedly drove from Tops north on Keeney Road. After confirming it was the suspect vehicle, the deputy attempted a traffic stop. The car continued on Keeney, onto Randall Road, across Route 237 onto Morganville Road, where it ran out of gas.

Rumble allegedly fled on foot. He was reportedly found a short time later lying in a hedgerow.

Involved in the pursuit and investigation were Sgt. Thomas Sanfratello, Sgt. Greg Walker, Deputy Patrick Reeves, Deputy James Diehl, Le Roy Officer Emily Clark, Trooper Holly Hansel, Avon PD and Livingston County K-9.

Police Beat: Woman reportedly told not to drive, allegedly does, slapped with Leandra's Law felony

By Howard B. Owens

JodyLynn Wetmore, 35, of North Spruce Street, Batavia, is charged with DWI and with a felony count of driving  with a BAC of .08 or greater with a child passenger (in violation of Leandra's Law). Wetmore was reportedly observed at the East Pembroke Mud Races in an intoxicated condition. She was reportedly told by a Sheriff's deputy not to drive. Some time later, she was allegedly observed driving out of the parking lot. Wetmore was stopped at 10:14 p.m., Saturday, by Deputy John P. Weis. Wetmore allegedly had an 8-year-old passenger in the car.

Dean Wilkins, 46, of Route 20, Pavilion, is charged with criminal contempt, 1st, and harassment, 2nd. Wilkins is accused of slapping his roommate, who had an order of protection in place.

James Michael Palladino, 33, of Waterman Street, Lockport, is charged with DWI, driving with a BAC of .08 or greater and no or inadequate headlight. Palladino was stopped at 11:06 p.m., Saturda, on Route 77 in Pembroke by Deputy Patrick Reeves.

Nicholas Anthony March, 23, of Phillips Road, Oswego, is charged with unlawful possession of marijuana. March was stopped for an alleged traffic violation at 1:48 a.m., Sunday, by Deputy Patrick Reeves, who reportedly found a quantity of marijuana in March's car during a search.

Jane Amanda Lachut, 23, of Phinney Road, Hannibal, is charged with unlawful possession of marijuana. Lachut was allegedly found in possession of marijuana during a traffic stop on Route 77, Pembroke, at 1:38 a.m., Sunday, by Deputy Patrick Reeves.

Roberto R. Ayala, 25, of 5 Valleyview Drive, Batavia, is charged with assault, 2nd. Ayala is accused of striking another person with parts of a broken chair during a domestic incident 8:10 p.m., Thursday.

Philip J. Ritter, 56, of Stonehall Road, Rochester, is charged with public lewdness. Ritter is accused of urinating in public at around noon, Sunday, in the area of the town park, Town of Pembroke. He was jailed on $500 bail.

Anne C. Levy, 21, of 21 Prospect Ave., Ithaca, is charged with DWI and speeding. Levy was stopped at 11:51 p.m., Friday, on Pearl Street by Officer Dan Coffey.

Martin F. Jones, 39, of 10 South Main St., Batavia, is charged with exposure. Jones was observed by Officer Thad Mart allegedly urinating in public in Austin Park.

Chrystal Marie Bush, 21, of Oak Orchard Road, Batavia, is charged with petit larceny. Bush is accused of shoplifting at Walmart.

Jonathan Paul Bouter, 26, of Oak Orchard Road, Batavia, is charged with petit larceny. Bouter is accused of shoplifting from Walmart.

Vincenzo M. Delucia, 34, of Rochester, is charged with DWI, a right-of-way violation and refusal to take a breath test. Delucia was stopped by State Police at 11:38 p.m., Saturday, in Darien.

Melessia A. Winkler, 23, of Amherst, is charged with DWI and driving with a BAC of .08 or greater. Winkler was stopped by State Police at 11:10 p.m., Friday, in Darien.

David R. Meier, 51, of Alexander, is charged with DWI, driving with a BAC of .08 or greater, operating without insurance, no license, aggravated unlicensed operation and suspended registration. Meier was stopped by State Police at 7:08 p.m., Thursday, on Alexander Road, Alexander.

Accident reported in the Village of Elba

By Howard B. Owens

A two-vehicle accident has been reported in the area of 8 North Main St., Elba.

It is believed to be a minor-injury accident. There is air bag deployment.

Elba Fire and EMS are being dispatched.


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Five people injured in three-car accident on Route 19, Le Roy

By Howard B. Owens

Five people were injured in a three-car pile up on Route 19 near Parmelee Road in Le Roy at 7:42 p.m., Sunday.

The accident was reportedly caused when the driver of a car, southbound on Route 19, failed to realize another car was stopped waiting to make a left-hand turn onto Parmelee. That car hit the car waiting to turn, pushing it into oncoming traffic, where it was hit by a pickup truck.

Cited for speeding was Quinton V. Holmes, 19, of 1141 Dale Road, Dale. Holmes was injured in the crash and transported to Strong Memorial Hospital.

Three passengers in Holmes' car were injured and taken to Strong: Jeffery A. Price, 16, Hannah V. Holmes, 16, Caleb C. Holmes, 6.

Also injured were Thomas M. Rowe, 36, of 9 Rock Island Road, North Chili. He was the driver of the pickup truck.

The other driver, Ann L. Fisher, 53, of 9604 Asbury Road, Le Roy, was not injured.

Another passenger in Holmes' vehicle, Tonisha M. Price, was also reported uninjured.

The accident was investigated by Sgt. Greg Walker.

(Initial Report)

Rollover accident in Stafford sends four girls to the hospital

By Howard B. Owens

Four teenage girls were taken to area hospitals following a single-car rollover accident off of Buckley Road in Stafford at 3:45 p.m., Sunday.

Taken by Mercy Flight to Strong Memorial Hospital was Chelsea M. Mutter, 17. Also injured were driver Jessi M. Heale, 19, (also transported to Strong), Alexis R. Kenyan, 16, and Alison M. Budd, 17. Kenyan and Budd were taken to UMMC.

Mutter is listed in guarded condition at Strong. Strong lists all patients in ICU as "guarded."

Healey was reportedly driving her 1998 Chevy sedan down a stone lane in the area of 8740 Buckley Road when the car went onto the south shoulder for some reason. Healey reportedly overcorrected and lost control of the car. It overturned and landed on all four wheels.

No citations were issued.

The accident was investigated by Deputy Chad Minuto.

(Initial Report)

Muckdogs split pair in Jamestown

By Howard B. Owens

The Muckdogs five-game winning streak was snapped Sunday as Batavia split a double-header in Jamestown against the Jammers.

In a pair of low-scoring affairs, the Muckdogs dropped the first game 3-1 and picked up the nightcap 2-1.

With Williamsport beating Mahoning Valley 5-3, Batavia drops back into second place, a half game out.

In the first game, Nick Longmire supplied the Muckdogs' lone run with his eighth home run of the season in the 6th inning. Yuner Castillo had three hits. Third-year pro from Camden, Ariz., Zach Russell gave up three runs in three innings to get tagged with the loss. It was Russell's sixth start of the season. He's now 1-2, but his ERA remains a low 2.48.

In game two, corner infielder Jon Rodriquez hit his first home run of the season. Patrick Biserta, a first-year pro from Harriman, had two hits and an RBI.

Starter John Gast went three innings, giving up four hits and no runs. Matt North pitched two scoreless innings and was credited with the win, and Jose Rada, despite walking two and giving up a hit and a run, notched his 10th save of the season.

The Muckdogs are home tonight (7:05 game time) and take on Mahoning Valley. Tomorrow's game against Mahoning Valley starts at the unusual time of 11:05 a.m.

Following the two game series, Batavia hits the road for six games, returning on Aug. 10.  The next fireworks night is Aug. 13 against Hudson Valley.

Top Items on Batavia's List

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