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Plea agreement in Corfu's missing court funds case includes dismissal of charges against judge

By Howard B. Owens

The forced resignation, said Special Prosecutor Donald O'Geen, of Robert Alexander from the justice position in the Town of Pembroke is a stiff punishment for the former Village of Corfu justice who was charged with official misconduct.

As part of a plea deal that included the restitution of more than $10,000 by Brandi Watts, Alexander's daughter, and her guilty plea to falsifying government documents, Alexander has a chance to have all three charges against him dismissed in six months.

It's called an adjournment in contemplation of dismissal. Alexander need only stay out of trouble for the next six months and the counts of official misconduct and coercion will be dropped.

He is also barred from seeking judicial office.

"The end game, Corfu got their money back," O'Geen said. "The person who stole the money, or at least tampered with the public records, is being held accountable. I think having him resign, basically in disgrace is justice for the people of Corfu."

While that outcome may not satisfy those in Corfu who wanted to see Alexander behind bars, O'Geen said people need to understand how the system works.

The charges against Alexander were misdemeanors and Alexander has no prior record.

"Justice comes in many forms," O'Geen said. "We have to deal with the case as it's given to us. Not everything is cut and dry. We also have to figure out what the judge (in the case) is going to do. I just felt like in a case like this, Judge Alexander wasn't going to jail. I don't think he would even been given probation, so as part of a package deal with Brandi, I think this does bring it to a just resolution."

Alexander says the outcome was justice because he hadn't broken the law.

"As Jesus Christ as my witness, as God as my witness, I never intended, nor thought about, or never did, anything in the last 30 years that I've been saved as a Christian that I would ever do anything that would even think about violating the law," Alexander said. "I just thank God this case has ended the way it has. I think it's a fair disposition."

One thing people need to look at in the case, O'Geen said, is how quickly it came to a resolution once it got in the hands of a prosecutor. O'Geen was critical of the Judicial Conduct Commission for, first, taking so long to investigate Alexander's courtroom and, second, to take two yeas to issue a report on its investigation.

"Why did this drag out?" O'Geen asked. "They had the case for over two years. Why didn't they speak to the DA when the DA is investigating the case? Why does this get dragged out? I've only had this case since February and I've brought it to resolution for the Village of Corfu in a quick manner."

O'Geen praised the cooperation of the village attorney, the comptroller's office and the state police for working cooperatively to bring the case to a speedy conclusion.

Alexander said he will have more to say about the case six months from now. He's next scheduled to appear in court at 9:15 a.m., May 19.

Four men allegedly caught in the act of stealing scrap in Bergen

By Howard B. Owens

Four men were allegedly caught in the act Sunday stealing scrap metal from a scrap yard on Route 33 in Bergen and after further investigation they may be facing upgraded charges, Chief Deputy Jerome Brewster said.

The four men were allegedly found on the scrap yard property when the owner's son drove by and spotted a suspicious vehicle parked near the lot.

It's not unusual, Brewster acknowledged, for scrap metal thieves from Rochester to hit locations in Genesee County.

"You know how scrap is these days and when you can go right to a scrap yard, it's like one-stop shopping," Brewster said.

The yard was apparently so attractive to the thieves, they allegedly got away with more than originally thought yesterday.

When they were arrested yesterday, they were charged with petit larceny, but the owner of the scrap yard visited a location in Rochester and was apparently able to prove more of his scrap was stolen earlier in the day.

That aspect of the case is being turned over to Rochester PD and the four men could face grand larceny charges as a result, Brewster said.

Arrested where Sekou Singhor Howard, 40, of Parkway, Rochester, Ricky Todd Williams, 54, of Parkway, Rochester, Isaac Brandon McCrea, 30, of North Union Street, Rochester, and Kenneth Russell Hernandez, 47, of Chesnut Street, Rochester.

All four men were issued appearance tickets.

Law and Order: Motorcyclist charged with DWI following accident in Basom

By Howard B. Owens

Thomas Monte Carlo, 57, of Lewiston Road, Basom, is charged with DWI, driving with a BAC of .08 or greater, unlawful possession of marijuana and leaving the scene of a property damage accident. Carlo was apprehended by Deputy Joseph Corona following a reported one-vehicle motorcycle accident at 7:23 p.m. Saturday on Lewiston Road, Basom.

Matthew James Florian, 25, of Slusser Road, Batavia, was arrested on a warrant related to an aggravated unlicensed operation charge. Florian was stopped by State Police on Route 5, Town of Batavia, and turned over to the Sheriff's Office on a warrant. Florian was jailed on $200 bail.

Michael Scott Vanburen, 46, of Alexander Road, Batavia, is charged with unlawful possession of marijuana, unsafe backing and consumption of alcohol in a vehicle. Vanburen was arrested after he reportedly backed his 2004 Pontiac GTO out of his driveway, across the road and into a ditch at 12:27 a.m. on Saturday.

Dana Lewis Toates, 19, of Roosevelt Highway, Hilton, is charged with unlawful possession of alcohol under age 21. Toates was reportedly a passenger in a vehicle stopped for a traffic violation and found to allegedly be in possession of alcohol.

Corey M. Vickers, 29, of Morrow Road, Pavilion, is charged with aggravated unlicensed operation, unlicensed operation and stopped on pavement. Vickers was charged after being observed by a Wyoming County deputy allegedly stopped on the roadway in the Town of Perry, outside of his vehicle, vomiting. Vickers' driving privilege was suspended after he allegedly failed to appear for a summons in the Village of Portville.

Alissa A. Fodge, 23, of Bergen, is charged with grand larceny, 3rd. Fodge was arrested by State Police in the Town of Barton for an alleged act reported Oct. 18. No further details released.

Donation fund set up for widow of Davis Avenue fire victim

By Howard B. Owens

A donation fund has been set up to assist Candee McConnell, who lost her husband and had a portion of her house damaged in a fire last week.

Donations can be made at any Bank of Castile location in the name of Candee McConnell.

Candee and George McConnell were married for 25 years and were active in the SPCA. George was retired from the U.S. Postal Service and a World War II vet and avid baseball fan, according to his obituary.

For health reasons, George was unable to exit a second-floor bedroom of the McConnell's home on Davis Avenue after the fire broke out in that part of the house.

The back section of the house was heavily damaged.

Donations will assist Candee with various needs arising from the tragedy.

House reportedly loses roof in Stafford, more than 500 properties without power north of Batavia

By Howard B. Owens

A house at 8949 Clipnock Road, Stafford, has reportedly had its roof blown off.

The residence is being evacuated.

Also, about 520 National Grid customers are without power in an area starting just north of the city and in a triangle that stretches up to Elba. No ETA for power restoration.

There are also small power outages in Basom, Alabama, East Oakfield and Darien.

UPDATE 3:14 a.m.: Dispatchers are now saying the roof is "separating from the residence."

Moose Lodge in Le Roy honors U.S. military veterans

By Howard B. Owens

The Moose Lodge in Le Roy honored local veterans Saturday night with a prime rib dinner.

Besides the volunteers (pictured below) who helped put it together and run it, the event was supported by Smokin' Eagle, T.F. Brown's, Le Roy Country Club, BW's, 58 Main and Red Osier. Volunteers included Justin Mattice, Bob Sovocoll, Judy Mills, Shane Burger and the staff at the Smokin' Eagle.

Photos by Shane Burger.

Potential for strong winds, thunderstorms tonight after 10 p.m.

By Howard B. Owens

In about four hours, or a little later, expect thundershowers and strong winds.

The National Weather Service has issued a weather advisory for 10 p.m. through midnight.

A deepening lower pressure system is lifting across the upper Great Lakes tonight and pushing an energetic cold front through WNY, according to the NWS. The front will likely be accompanied by a squall line of heavy showers and some possibly strong thunderstorms. Damaging wind gusts are possible.

Wind gusts could reach 50 mph.

UPDATE 9:31 p.m.: The weather service has upgraded the storm outlook to a thunderstorm watch, in effect until 1 a.m.

UPDATE 10:07 p.m.: The NWS just issued a thunderstorm warning. Gusts up to 60 mph. Below is the latest radar image of the incoming storm.

Wires down on North Byron and Oak Orchard roads, Elba, traffic shut at Lockport and Route 98

By Billie Owens

Elba Fire Department and fire police will be shutting down Lockport Road at Route 98 because of wires, possibly high tension wires, down on the roadway at North Byron and Oak Orchard roads. National Grid has been contacted, unknown ETA.

UPDATE 4:08 p.m.: The roadway is clear. The roads are reopened. The Elba assignment is back in service.

After 26 years, 587 wins, 10 sectional titles and one state championship, Tom Nowak honored at retirement party

By Howard B. Owens

In a room filled with friends, fans and supporters last night, former Elba Lady Lancers Head Coach Tom Nowak was all smiles.

"It's really special," Nowak said. "It's a little bit, I don't know, I want to say the word, 'imposing,' because you want to be in the background as a coach. It's difficult when you come out here and you're the person, but it's really nice to see."

Nowak was honored with a retirement party at the Elba Fire Hall that featured a collection of memorabilia and lots of memories from 26 years of serving the community by teaching young people how to compete and win.

In 1977, after two years at Dundee, Nowak joined Elba Central as a history teacher. He also became the varsity football coach and the varsity girls basketball coach.

His football record over 22 years was 130-60-6 with two sectional titles.

Leading the Lady Lancers, Nowak compiled a 457-132 record, eight sectional titles and, most significantly, a state title in 2012.

"Just that one precious one," Nowak said of the state championship. "It was special. We went in 2000 and lost in the finals. I always thought I'd never get a chance to go back and I got a chance to go back and the girls came through."

Teaching and coaching in Elba was a perfect fit, he said.

"I've always considered myself a shallow person," Nowak said. "I like history and I like sports. I first got to be a history teacher at Elba and then I got a chance to coach, so it really worked out well for me."

It takes time and dedication to be a successful varsity coach in any sport, and that means, Nowak acknowledged, that he maybe wasn't home as much as his wife might have liked over the years.

"We're going to do some things for my wife," said Nowak, who retired from teaching in 2009. "She spent so many years staying home on a Friday night watching Dallas and Falcon's Crest while I was out gallivanting around scouting football games. It will be nice to give her the opportunity to do some of the things that maybe we didn't get to do when I was a coach."

With all those wins and all those titles, surely young coaches could learn something from Nowak, and here's his advice:

"Find a mentor," Nowak said. "Find the people who are successes and spend some time and find out why they're successful.You will see something you can incorporate into your own plan. That's something I did. I looked at some role models because as a young coach you really don't know what to do and that was really beneficial to me."

Car wreck requiring extrication reported at Herkimer and Warner roads, Darien

By Billie Owens

A motor-vehicle accident with is reported at Herkimer and Warner roads. Extrication is needed. Darien fire and rescue responding.

UPDATE 5:28 a.m.: Mercy medics are called to the scene.

UPDATE 5:32 a.m.: The victim has been "cut away" from entrapment but will remain in the vehicle until medics arrive.

UPDATE 5:36 a.m.: The chief tells medics, who are about 10 minutes away, that the victim's primary complaint is lower right leg pain. No cuts, abrasions or loss of consciousness. He is to stay in the vehicle "due to the weather."

UPDATE 5:40 a.m.: Command says to dispatch "Start me a tow for a full-size Chevy Suburban, thoroughly totaled and wedged between two trees about 30 feet off the road."

UPDATE 5:54 a.m.: The patient is now on a stretcher, being readied for hospital transport.

UPDATE 6:10 a.m.: Mercy medics are taking the patient to Erie County Medical Center.

City fire putting new extrication tools into service

By Howard B. Owens

City firefighters got their hands on new extrication tools tonight that were acquired with a FEMA grant the department received in January.

The tools are manufactured by Holmatro and include a cutter, a spreader and two rams along with rocker panel support.

The grant was for $60,000 and the money as also used to purchase struts for building and vehicle supports.

Tonight's training was conducted by Tim Norris, a rep for Holmatro.

Capt. Craig Williams said the department reviewed equipment from six different companies and invited four of them in for a head-to-head competition.

What he likes about the Holmatro products, he said, is the tools are the only one on the market that cut and spread in three stages. When there's no pressure on the blades, they move easily. As they feel pressure, they clap down harder, and in the third stage, when extra pressure is needed to finish the cut, the tool delivers maximum pressure.

Also, Williams said, the tools can be hot swapped from their hydraulic lines, meaning the line doesn't need to be drained of pressure before trading out a tool for a particular job.

Shifts of firefighters will be training with the new tools over the next few days.

Holmatro rep Tim Norris, center, conducting training.

Oakfield teen's first deer bow hunting is an albino

By Howard B. Owens

Emily Staniszewski, a 14-year-old Oakfield resident, killed her first deer this week bow hunting, but not just any deer. It's an albino buck.

She made the kill of the three pointer in Chautauqua County.

Kimberly Staniszewski said the deer is quite the trophy for her daughter.

"Needless to say we are planning on having a full mount of this unique animal to admire for many years to come," Kimberly said.

High wind warning issued for tomorrow night

By Howard B. Owens

Sustained winds up to 30 mph with gusts of 60 mph are predicted for Sunday night in Genesee County.

A high wind warning has been issued for 7 p.m. through 1 p.m., Monday.

Residence on State Street reportedly filling with smoke

By Howard B. Owens

The lower apartment at 142 State St., Batavia, is reportedly filling with smoke.

City fire responding.

The occupants have been advised to evacuate.

Engine 11 is on scene with light smoke showing.

UPDATE 7:30 p.m.: Small fire in bathroom. Fire knocked out. Checking for extensions.

UPDATE 7:55 p.m.: City assignment back in service.

Car wreck at Meadville and Salt Works roads, West Alabama

By Billie Owens

A motor-vehicle accident with injuries is reported at Meadville and Salt Works roads in West Alabama. Alabama Fire Department and Mercy medics are responding.

UPDATE 5:22 p.m.: A responder on scene says all parties involved will be sign-offs. Two flatbed tow trucks are called.

UPDATE 5:43 p.m.: The Alabama assignment is back in service.

Owner of one of Stafford's historic buildings says neighbor preventing restoration work

By Howard B. Owens

It's a beautiful day. Maybe one of the last great days to get outdoor projects done before winter hits. At least that's what James Pontillo had in mind when he pulled a high lift into the parking lot of Stafford Trading Post (he says with the shop owner's permission) so he could work on his building at the corner of Main and Morganville roads.

By now, today's roof work and gutter repair would be done, Pontillo said, if not for the trespassing complaint leveled at him by neighboring property owner Tom Englerth.

A deputy has been to the property twice today. The first time after Pontillo parked the high lift in the parking lot, the second time after he parked it in front of the parking lot. Pontillo contends that area is owned by the State of New York, not Englerth. Englerth apparently contends he controls it.

Englerth was no longer on site by the time The Batavian arrived this afternoon.

Pontillo half expected to be arrested and charged with trespassing.

Deputy Brad Mazur told Pontillo it's a complex situation given the nature of the property and the state highway right-of-way issue. He said he would need to consult with the District Attorney's Office.

Meanwhile, Pontillo has a storm drain he is worried might fall and hurt somebody, and a roof he wants to finish replacing on an arguably historically significant building and he's being prevented, he said, from getting the work done.

Previously: Fences, and more, divide business neighbors in Stafford

Stove fire at Alex's Place

By Billie Owens

Town of Batavia Fire Department is responding to a stove fire at Alex's Place restaurant, located at 8322 Park Road. Darien's rescue truck is requested to stand by in quarters.

UPDATE 10:45 a.m.: Fire is out. The assignment is back in service.

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