The victim of a tragic roller coaster accident at Darien Lake Theme Park this afternoon was 29-year-old James Hackemer, of Gowanda. He is a veteran of the Iraq War and a double-amputee. One of his legs was removed at the hip, and other below just above the knee.

The Ride of Steel is a lap-harness-only roller coaster. Its restraint system includes a yellow lap bar that covers approximately hip-to-hip, and a lap-only seat belt. There are no other bodily restraints built into the ride. Hackemer was not wearing prosthetic legs this afternoon.

At a news conference this evening, Genesee County Sheriff's Sergeant Greg Walker confirmed that Hackemer was riding in the front seat of the front car on The Ride of Steel at the time of the incident. He was sitting next to a family member. Sgt. Walker estimated the roller coaster was traveling about 50 mph. He could not say how far Hackemer had fallen.

Sheriff's investigations will continue tomorrow. Darien Lake officials and the NYS Department of Labor are also looking into the matter. No charges have been filed.

Park officials declined comment this evening, other than to say that the theme park will remain open on its normal schedule tomorrow. The Ride of Steel will remain closed. A message to the public has been posted on the Darien Lake website.

PHOTO: Genesee County Sheriff's Sgt. Steve Mullen, left, and Sgt. Greg Walker. Photo by Geoff Redick of WBTA.

CORRECTION (1:04 a.m.): Victim's name updated to reflect proper spelling.

A possible house fire is reported on Hutchins Street near South Jackson Street. A neighbor reports smoke is pouring from the roof. City fire department is responding.

UPDATE 10:17 p.m.: Firefighters on scene see fire and smoke coming from the area of 146 Hutchins St. Southwest winds at 1 mph. "It's a personal bonfire." City ladder truck 15 in service. Police who responded said the smoke was caused by juveniles at the site putting leaves on the fire. The bonfire is apparently legal.

UPDATE 10:32 p.m.: The people enjoying the bonfire put it out.

Here's a press release about Sunday's local home and garden tour.

The Landmark Society of Genesee County, Cornell Cooperative Extension Master Gardeners and St. James Episcopal Church are collaborating for a July 10 home and garden tour.

The event will run from 1 – 5 p.m. and 11 homes are included on the tour. The ticket price is $20, $15 for Landmark Society members, and can be purchased at Harrington’s Greenhouse in Batavia and the St. James Church office.

After visiting the gardens, there will be a dessert reception and presentation by Master Gardeners and a question-and-answer period at St. James Church. Door prizes will also be awarded donated by local greenhouses.

For more information, please call 343-6802.

A patron, believed to be a male, fell off the Ride of Steel roller coaster (also known as Superman) this afternoon and died at Darien Lake Theme Park, according to Genesee County Sheriff Gary Maha.

No other information is available at this time.

UPDATE (8:20 p.m.): According to a park spokesperson, the victim is an adult male. The accident happened at about 5:30 p.m. The ride and surrounding area are closed while the incident is under investigation.

A car versus motorcycle accident, with injuries, is reported at Walnut and Law streets. The caller at the scene reports the motorcyclist is conscious. City fire and police along with Mercy EMS are responding.

UPDATE 7:17 p.m.: Portions of the streets will be shut down temporarily due to the accident.

UPDATE 7:32 p.m.: The motorcyclist is being taken to UMMC with non-life-threatening injuries. The fire engine is back in service.

A motor-vehicle accident with injuries is reported on the westbound Thruway at mile marker 395. One person is lying on the ground. East Pembroke and Indian Falls fire departments and Mercy EMS are responding.

UPDATE 6:47 p.m.: Four vehicles are involved. A medic on scene says injuries are minor. A second ambulance is requested.

UPDATE 6:51 p.m.: East Pembroke command ordered Mercy Squad 1 to go back in service.

UPDATE 7:01 p.m.: A State Trooper is on scene and a tow truck is en route.

A brush fire is reported in front of 3445 Galloway Road, just west of Kelsey Road. Town of Batavia Volunteer Fire Department is responding.

UPDATE 5:13 p.m.: "It looks like a controlled burn in a swampy area by the road. But nobody's around," says an officer at the scene. A non-emergency response is requested.

UPDATE 5:15 p.m.: Logs about 60-feet long and a tire are burning. They are not sure if the logs are within DEC regulations, but they know the tire is not. They are going to put out the fire "in leiu of a report."

A property damage accident is reported in front of Arby's on West Main Street in the city. It is blocking traffic. City fire and police are responding.

A three-car accident, with minor injuries, is reported at Route 77 and the Thruway interchange. Pembroke and Indian Falls fire departments and Mercy EMS are responding.

Shortly I'll be on the road to Buffalo to catch a flight to New York City.

While I'm gone, breaking news will be covered by Billie and WBTA.

I return Sunday.

In NYC, I'll be the guest of the New York Times and New York University for an event called the "Hyperlocal Conclave."

"Hyperlocal" is this made-up word that all of the news industry uses now without really understanding what it means to describe news sites like The Batavian. I think what we do is just good, old-fashioned -- the way newspapers used to do it -- local journalism. But it's such a radical concept -- to concentrate coverage on just one community, even though it's very old school, that the industry had to give a name to the business model.

The Batavian is unique among "hyperlocal" news sites in that it actually makes money -- not a lot, but we keep food on the table and a roof over our heads. There's only a handful of other sites in the United States that can make the same claim. So, when these conferences come up, I periodically get invited to talk about how and why we can get sponsorships from, say, more than 100 local businesses.

Obviously, I'm proud what what we've done with The Batavian and continue to be grateful for the support of the community, readers and advertisers. Thank you.

While in NYC, my short stay will be concentrated in the area around NYU, which I think is Greenwich Village/Soho -- an area of the city that I've never seen much of before.

William R. Green, 52, of Batavia-Elba Townline Road, Elba, is charged with harassment, 2nd. Green was reportedly involved with a dispute at 10:15 p.m., Thursday and during the dispute, Green allegedly grabbed his neighbor by the neck and punched him. Green was jailed on $200 bail.

James R. Tydelski, 55, of 7800 Hewes Road, Bergen, is charged with DWI, driving with a BAC of .08 or greater and failure to stop at a stop sign. Tydelski was stopped at 1:06 a.m. at the intersection of Mill and Lake streets in the Village of Le Roy by a Le Roy Police officer.

Joshua Todd Fullmer, 18, of West Main Street, Batavia, is charged with petit larceny. Fullmer is accused of shoplifting $34.98 worth of merchandise from Kmart.

Warren Walter McClure, 40, of Hamilton Road, Buffalo, is charged with burglary, 3rd. McClure is accused of entering a business in the Town of Batavia while it was closed on Feb. 6 and stealing money, checks and surveillance cameras.

Todd F. James, 48, of School Road, Byron, is charged with disorderly conduct. James allegedly refused to turn down his radio creating "unnecessary noise" in his neighborhood for more than three hours.

Kelsey Marie Davis, 19, of unreleased street address, Batavia, is charged with harassment, 2nd. Davis was arrested following an investigation into a fight during the Tim McGraw concert at Darien Lake Theme Park on June 25.

Samuel Robert Thompson, 55, of Shady Lane, Batavia, is charged with petit larceny. Thompson is accused of stealing a bicycle from a parking lot.

Three children and two adults were injured in a head-on collision that required the response of three Mercy Flight helicopters to the area of Indian Falls Road and Pratt Road on Thursday.

None of the injuries are believed life threatening, though at least one patient remains in intensive care at a hospital.

A Sheriff's Office investigation indicates that a 2002 Chevy Trailblazer driven by Sonya M. Charache, 30, of Gorton Road, Alabama, was southbound on Indian Falls Road when it crossed into the northbound lane for an unknown reason.

The SUV struck a 2004 Chevy Silverado being driven by Donald Sage, 70, of Judge Road, Oakfield.

Sage is in guarded condition (in intensive care) at Strong Memorial Hospital. Sage was transported to Strong by Mercy Flight.

Charache was reportedly unconscious following the accident and taken by Mercy Flight, according to the Sheriff's Office, to Erie County Medical Center. However, this morning, ECMC patient information had no information on Charache's condition.

Riding in Charache's SUV were three children, Jackson K. Gilbert, 2, and Kayda L. Charache, 1, both of Gorton Road, Alabama, and Garrett M. Talbot, 6, of the City of Batavia. 

Garrett was transported to Women & Children's Hospital in Buffalo by Mercy Flight. His condition is not known at this time.

The other two children were transported by the Oakfield volunteer ambulance to UMMC.

Members of the Indian Falls, East Pembroke and Pembroke volunteer fire departments responded to the scene and extricated the patients from the vehicles.

Also responding was the Corfu Volunteer Fire Department along with Mercy EMS, Genesee Emergency Services and the Sheriff's Office.

The accident investigation is being handled by Deputy Kevin McCarthy, Sgt. Greg Walker, Investigator Kris Kautz and Sgt. William Scott of the Crash Management Team.

( Initial report and more photos)

When Kathy Hochul made a campaign appearance in Batavia at the YWCA, I asked her about Genesee County's deteriorating infrastructure and what could be done about it at a federal level.

Hochul started by expressing concern about a problem that she sees across Western New York, with pot-holed roads and rusting bridges. As she spoke, it was almost as if the thought occurred to her on the fly -- why are we spending billions building roads in Pakistan when we have so needs here at home.

She picked up the theme in subsequent debates and appearances.

Today, Hochul's congressional office announced that she's kept her campaign promise, voting to reduce aid to Pakistan.

Press release:

WASHINGTON, DC – Today, Congresswoman Kathy Hochul voted in favor of Republican Congressman Ted Poe’s (TX-2) amendment to the Department of Defense Appropriations Act, which would cut funding to Pakistan by $1 billion. 

“Today’s votes were about priorities,” said Congresswoman Hochul.  “Would we rather spend a billion dollars in Pakistan or spend that money right here at home? I know the people of the 26th District would much rather have that money invested in infrastructure, education, and job creation right here in the United States, rather than in the country that hid Osama bin Laden.”

Since being sworn in last month, one of Congresswoman Hochul’s top priorities has been cutting spending and reducing our deficit. In addition to cutting funding to Pakistan, Congresswoman Hochul today voted to cut $675 million from infrastructure in Afghanistan, citing the need to improve infrastructure in our own communities.

First goal after leaving the court house around noon -- getting a pulled pork sandwich from Alston's at the Downtown Public Market. Second goal, photos at the market.

Both goals accomplished.

And I also learned that Alston's now participates in the Genesee Country Farmers Market at Batavia Downs. That market is open on Tuesdays and Fridays, but Alston's is only there on Fridays.

The downtown market appears to be doing very well this year. There was certainly a great selection New York fruits and vegetables to "heart."

Batavia PD is responding to Main and Oak to check on reports of a traffic light malfunction.

One caller states she's been stuck at a light for 12 minutes.

Another caller says traffic is "backing up pretty good."

A two-car, head-on collision accident is reported on Indian Falls Road in the area of Pratt Road. Both drivers will need extrication. One of them is unresponsive and has three minors as passengers.

East Pembroke Fire Department is responding, along with mutual aid from Pembroke and Indian Falls, plus two Mercy EMS units. Two Mercy Flight helicopters are called in and a landing zone is being set up on the corner of Pratt and Indian Falls roads.

An Oakfield medic is on scene and a rig out of Oakfield is called to respond, too. Corfu Fire Police are called to handle traffic control and to shut down Indian Falls Road.

UPDATE 5:21 p.m.: A third Mercy Flight helicopter is called for, and is available, but a crew needs to be assembled. They are working to do that and will advise.

UPDATE 5:22 p.m.: The first helicopter is on the ground. Indian Falls at Route 5 is being closed to traffic.

UPDATE 5:25 p.m.: A second landing zone is being set up north of the scene, on the southeast corner of Indian Falls and Cleveland roads.

UPDATE 5:27 p.m.: A third helicopter has secured a crew and is 15 minutes away.

UPDATE 5:30 p.m.: A third landing zone is being set up at Kilian and Slusser roads.

UPDATE 5:33 p.m.: The second helicopter has landed, but not at the site originally designated. It's at Pratt and Indian Falls roads, where the first helicopter landed.

UPDATE 5:37: "Mercy Flight is advising they have a fourth helicopter if Squad 2 can ride on it."

UPDATE 5:38 p.m.: A fourth helicopter will not be needed.

UPDATE 5:41 p.m.: All patients have been extricated.

UPDATE 5:43 p.m.: Oakfield medics are en route to UMMC with two small children on board.

UPDATE 5:46 p.m.: The last helicopter has landed. The first chopper is headed to Women & Children's Hospital in Buffalo.

UPDATE 5:56 p.m.: The second helicopter is headed to Erie County Medical Center.

UPDATE 6 p.m.: The last helicopter is headed to Strong Memorial Hospital in Rochester at the patient's request.

UPDATE 7:48 p.m.: All East Pembroke units back in service. The road is reopened.

UPDATE 10:11 p.m.: A caller has told dispatchers that a television news crew is setting up in the area of the accident with very bright lights, "blinding drivers." A deputy is responding.

More pictures from the scene after the jump.

Ronald A. Smith, a Level 3 sex offender facing three new felony charges, has been given a plea offer that would reduce his time in prison to five years.

Or he could take his case to trial, risk conviction, and a maximum sentence of 21 years in jail.

He has until Aug. 8 to decide.

Last month, Smith was convicted in a jury trial of failing to register his proper address as a sex offender.

He will be sentenced on Aug. 8 on that charge, with a possible sentence of up to three and a half years in prison.

If he pleads guilty to one count of sexual abuse in the first degree, he would receive a concurrent sentence of five years max.

The three sexual abuse counts carry a maximum possible sentence of seven years each, and the sentences could be imposed consecutively.

District Attorney Lawrence Friedman explained the plea offer in Genesee County Court this morning when Smith appeared so a trial date could be set on the sexual abuse charges.

Jury selection will begin Oct. 24 if Smith doesn't accept a plea deal on or before Aug. 8.

UPDATE: To clarify the sentencing options on the failure to register conviction. Smith can receive one of two possible indeterminate sentences, either one and a half to three years in state prison, or two to four years. So, on that charge he could likely serve from one and a half to two years, with credit for time already served. If he accepts the plea offer on just one count of sexual abuse, he would receive a determinate sentence of five years.  

Previously:

• Level 3 sex offender out of prison less than four months before new allegation
• Level 3 sex offender accused of sexual contact with a child in the city
• Level 3 sex offender turns down plea deal, trial set on failure to register charge
• Level 3 sex offender found guilty of failing to register address change

A 48-year-old Le Roy resident who stole $6,172 from her employer will spend five years on probation and serve 60 days in jail on an intermittent basis.

Doris M. Castle, of 8325 Vallance Road, was employed by the YWCA in a daycare program. She expressed remorse for her theft in a letter she wrote to her former boss and read in Genesee County Court this morning.

"Words canot begin to convey how truly sorry I am," Castle said. "I loved my job. I loved the kids. You're the best boss I've ever had and you were my friend. I never planned to steal anything, but I was so desperate for money and every time I thought I could put the money back, something else would happen and I would end up  needing more.

"...I know I made restitution, but I know I can't repair what you think of me or what you might think of other employees in the future and whether you can really trust them. As for the children, I know I let them down. Everything I tried to teach them about being a good citizen, I ruined by my actions."

Her supervisor, Patricia McAllister, read a statement emphasizing the trust Castle broke by stealing money and the strain it put on the YWCA to meet its financial obligations.

"She was trusted to provide the children with security, guidance and a role model they can look up to," McAllister said. "I question that role model at this time. I think it was one of the 7-year-old boys who came to me one day and said, 'I don't get it. I don't get it. What was Dory thinking. It wasn't her money.' I had no response whatsoever."

Judge Robert C. Noonan said he believed Castle was sincerely contrite, but added that maintaining public trust in the judicial system was important in embezzlement cases.

"When the public sees somebody who stole a candy bar, or more commonly a DVD or CD, from Walmart going to jail on a petit larceny charge for something that is less than $25 in value, and then they see somebody facing a much more serious charge in a case involving a lot more money getting a community-based sentence, the public has trouble figuring that out," Noonan said.

Noonan went on to explain that the main difference in the cases are the individuals involved. With the typical shoplifting case, the defendant is somebody in-and-out of the legal system, while most embezzlement cases, such as this one, involve somebody who has never been in trouble before.

"I don't fear somebody like you, especially with five years probation, will return to the criminal justice system," Noonan said, "but I do feel there is an importance to protect the credibility of the criminal justice system."

For that reason, Noonan said, he was imposing the maximum sentence available under what he characterized as a favorable plea agreement negotiated by Castle's attorney, William Harper.

A former Le Roy resident who was first involved with a meth lab and later found in possession of forged currency had his forgery case resolved in Genesee County Court today in an unusual manner.

Because Christopher J. Elmore is already in Georgia serving a 10-year federal sentence on the meth lab charges, Elmore was allowed to plead guilty by affidavit to criminal possession of a forged instrument, 3rd, a Class A misdemeanor.

Without Elmore in the court -- and because of the expense of bringing Elmore back to Genesee County for both a plea and sentencing -- Judge Robert C. Noonan, in accordance with the plea agreement, granted an unconditional discharge of the case.

• Unnamed tipster leads investigators to suspected meth lab in Le Roy
• Federal charges brought against suspects in Le Roy meth lab
• Suspect in Le Roy meth lab bust now accused of passing a fake $10 bill