Alabama

There's more to 1366 Technologies slipping away from the STAMP project than just losing the first company to commit to the technology park in Alabama -- it's also a loss of the kind of innovative company that would be good for the region, said Genesee County Economic Development Center CEO Steve Hyde during a meeting today with local reporters.

"These guys really do have a very innovative product," Hyde said. "They're changing an industry that's a high-growth industry. Usually, when you have credible quality IP (intellectual property) married to an industry of high growth, the sky's the limit. That was something that I really loved because we would be really introducing that kind of innovation here in our community, which has always been part of what I've been trying to cultivate in our community."

As reported earlier, 1366, which makes silicon wafers for solar power, announced today that they would not build their first full-scale production facility in Genesee County after the company and the Department of Energy were unable to agree on terms for a loan guarantee.

Already with more than $80 million in the bank from private investors and tax abatements guaranteed by GCEDC and Empire State Development, 1366 was trying to finalize a $150 million loan guarantee to help get its plant, with 1,000 local jobs, up and running. The original DOE guarantee was granted in 2011 but 1366 still needed to raise $100 million in private equity both to unlock the funds and to finance the first phase of the plant construction. (The public support for the project totaled $56.3 million in tax abatements and state grants over 10 years. Since 1366 never finalized financing and closed on the transaction with GCEDC, the company received no taxpayer money.)

Laureen Sanderson, a spokesperson for 1366, said the DOE agreed last year to reopen discussions on the loan guarantee but when it came time to renegotiate the agreement, it was clear there would be no guarantee the funds would be available at the end of what she said would be an expensive and lengthy negotiation process.

Earlier today, Rep. Chris Collins issued a statement blaming the breakdown in the funding process on 1366, saying it was evidence that the company was never serious about building its plant in the United States.

"Despite being approved over six-and-a-half- years ago and my office facilitating multiple contacts between 1366 and the Department of Energy, the company failed to complete the necessary requirements of their contract and has had to terminate its federal loan offer," Collins said in a statement.

According to 1366, it was their decision to withdraw its application, not the DOE terminating the agreement.

A statement from the Department of Energy supports that position.

1366 Technologies has withdrawn from its Loan Guarantee Agreement that was signed with the Department of Energy (DOE) in September 2011. 1366 Technologies has shown the potential to introduce an innovative American manufacturing technology, which is why the Loan Programs Office issued the loan guarantee to support commercialization efforts, following up on previous DOE support for the company’s research and development.

According to sources in support of the congressman's statement, the DOE twice "renegotiated" its agreement with 1366. A source at DOE would only say that the DOE extended the date of its loan guarantee in response to discussions with 1366.

Sanderson chafed at the accusation by Collins that the company wasn't serious about building its first facility in New York.

She said the company completed environmental assessments, preliminary designs, permits, and worked diligently to line up economic support and financing for a local plant. That was a lot of time and expense to invest in the project, she said.

"The fact that our seriousness is being questioned is troubling," Sanderson said. "I don't know how many other ways to make it clear that our commitment was there."

In a story earlier today, The Batavian shared a report about a budget proposal from the Trump Administration that would slash funding for the very program 1366 would need for its loan guarantee.

Collins responded to that report with the following statement:

Anyone that will blame President Trump and his budget for 1366 pulling out of their contract with DOE is misinformed and completely unaware of how these types of arrangements actually work. To start, the funding for this project was approved six and a half years ago, so the President’s proposed FY19 budget would have no impact, not to mention that Congress, not the President, authorizes and funds these types of programs. After renegotiations that consumed DOE resources, 1366 was still unable meet the requirements agreed upon in their contract. To me, it seems like 1366 was spending the last six and a half years playing the field to see if they could get a better deal elsewhere.

Asked today if he was ever worried whether 1366 was seriously committed to STAMP, Hyde said there was never a hint that 1366 wasn't fully invested in opening its first plant in New York. He also knew, however, there was no guarantee until 1366 finalized its financing.

"I also realized and appreciated that there was still a startup company," Hyde said. "The challenge that a startup company has is the capitalization of their project. It is a major challenge that well-established companies with good balance sheets don't have to be concerned about. So, I'm a realist and I knew that that was always a risk and that's really what ended up happening here. The markets moved and the project changed."

The Batavian first spoke with Hyde about delays that could endanger the project in the fall of 2015, shortly after an expected groundbreaking at STAMP didn't take place.

Hyde said the delays had nothing to do with support from Empire State Development or the governor's office.

"The governor has been nothing but incredibly supportive," Hyde said. "I mean he I think he really believes that we can we can re-engineer the economy of upstate with high tech."

The big issue, from Hyde's perspective, is that the solar industry is growing and changing fast. That turbulence makes it hard for any startup to attract private investment.

It might seem there's a contradiction at play here.  In the fall of 2015, groundbreaking on STAMP was delayed. Now, construction is underway, but not much regarding financing for 1366 changed between now and then.

"I have to beg to differ because there were things going on on the market side of the deal," Hyde said. "There were changing timelines for the project, the 1366 project, and what that does is it makes you decide to walk or jog while you do certain things relative to infrastructure versus run to support the project because then you optimize your cost profile as you do it."

Those changing market conditions played a role both in the fact 1366 didn't meet the requirement of the original DOE agreement to raise $100 million in equity and its requests for extensions of the agreement.

In November, besides the $100 million in private equity, the only other requirement a DOE source said 1366 was failing to meet was its obligation to select a site in the United States for its production facility.

The truth, was, however, that 1366 already had selected a location: STAMP in Alabama, in Genesee County, in New York, in the United States.

Hyde said the DOE's claim didn't make much sense.

"There was a signed state incentive proposal that talks specifically about where they were locating," Hyde said. "Then there was a signed local financial assistance application. This wasn't just a handshake deal. Governor Cuomo won't come and do a big announcement event like that if there isn't some serious negotiations and a documented commitment. Those documents have the signature of the CEO of 1366."

Sen. Charles Schumer has been supportive of both STAMP and 1366. The Batavian reached out to his office today to see if his staff might be able to offer insight into what went wrong with the project.

Spokesman Jason Kaplan issued the following statement:

It’s disappointing to learn that 1366 is withdrawing from pursuing this loan. Senator Schumer personally called DOE Secretary Rick Perry on Oct. 5, 2017 in support of 1366 and to request Secretary Perry meet with 1366 Technologies CEO to work with 1366 on a path forward. As a result of Senator Schumer’s intervention, Secretary Perry personally met with 1366 Technologies the following week on Oct. 11th. 1366 characterized the meeting as constructive and pivotal in finally allowing 1366 to open dialog with DOE and to map out a series of benchmarks the parties would work toward to move forward. We were hopeful they would move forward.

Jason Conwall, on behalf of Empire State Development, issued the following statement:

New York's commitment to 1366 Technologies was contingent upon their securing additional financing and since they have withdrawn from their DOE loan agreement, we won’t be able to move forward with the project at this time.

Today, Hyde said the loss of 1366 -- at least temporarily -- is not a setback for the project. In fact, just the fact that 1366 came along has helped move STAMP into a position to help it better appeal to site selectors for large high-tech companies looking for manufacturing locations.

"They did catalyze our ability to start the infrastructure development efforts at the site, which now makes the site far more competitive and attractive for another project to the scale of that one," Hyde said. "Now there's roadways in there. There's water lines and fire hydrants OK. New York State is committed to this. Howard Zemsky said we're going to keep going."

The withdrawal of 1366 also opens up a very attractive 100-acre parcel in the park.

"It's also protected by beautiful woods and wetlands," Hyde said. "You have a road in, it's blocked by woods, so when you pull in and then it's like, 'whoa.' It's a hundred acres that is just flat. That is something that many high tech companies find very attractive. There is a little bit of privacy, an environment where you can build a creative-class campus with walking trails, picnic areas, nature, respectful of the world conditions that we have. You got access to hydropower, sustainability. All of those things play very well into what high tech companies look for today."

There are at least four companies actively engaged in considering STAMP. There are have been two companies inquire about it that could take the entire park in one swoop.  There's a company that could bring in 3,500 jobs within three years.

In planning for 1366, STAMP is positioned well to attract what Hyde called, metaphorically, the small house. The house that needs a smaller foundation.  Those are not the companies currently most interested in STAMP.

"We now have the infrastructure to support a project of that (1366 Technologies) size and scale," Hyde said. "What we're seeing now, right now, today, with the four or so projects that are in our pipeline is projects that are much bigger than that. They need infrastructure much bigger than that. In other words, we need the funding to fund the blueprint for the big house. So the big water, the big sewer, the big electric, and that is the ongoing conversation that we're having with the state right now. This is not the time that we can pick up our toys and go home. This is time to double down and go harder because we're seeing deals that validated this site, and 1366 certainly validated it."

Hyde said ongoing negotiations with site selectors also validates the value of STAMP.

"We've got a project right now that has kicked the tires of this site and had five site visits," Hyde said. "They've had their engineering teams, their business teams, their marketing teams, their workforce teams in our place for like 14 days due diligence. Those companies wouldn't be spending that kind of time if this wasn't real.

Nothing is written in stone, though. STAMP is just one location among many these big companies can choose. Now that the infrastructure is in, it will be easier for GCEDC and ESD to move quickly but markets move fast -- as 1366 seems to prove -- so there's a lot that can go wrong on the road to new high-tech jobs. 

"If this happened in Silicon Valley, it might not even hit your radar screen to make the news because high-tech projects come and go and morph and change," Hyde said. "In our world, it is a little different.

"This is new for us, so we need to continue to remember that we've got to put our battle gear on every day and continue swinging at this stuff because we have higher ed and the educational system assets. We have great infrastructure. You need to spend some more money to put that stuff together like we're doing with STAMP. But, you know what? We have real potential."

A motor-vehicle accident with injuries is reported at 6472 Alleghany Road, Alabama. Alabama Fire Department and Mercy medics are responding. The location is between Lewiston and Casey roads.

UPDATE 11:44 a.m.: A first responder on scene says there are two vehicles, one of which was possibly parked at the time of the collision. They are "in a driveway, in a bush."

Photos by Donald Bouch.

Press release:

Newly elected Genesee County legislators Gordon Dibble (District 3, towns of Pembroke & Darien), John Hilchey (District 1, towns of Alabama & Oakfield), and Gary T. Maha (District 9, Wards 4 & 5, City of Batavia) attended an Orientation Program for Newly Elected and Appointed County Officials, sponsored by the New York State Association of Counties (NYSAC) at its annual Legislative Conference held in Albany Jan. 29-31.

Topics of discussion and presentations included an overview of the New York State Association of Counties; New York State Open Government Laws; Major Policy Issues Affecting Counties; Introduction to County Finance and Budget Issues; County Government Structure in New York State; Ethics in Government; Adopting Local Laws; and Role of the Clerks of Legislative Boards.

Approximately 70 newly elected and appointed county officials attended the training program, and upon completion were awarded Certificates of Achievement by NYSAC’s County Government Institute and Cornell University.

Press release:

Children who reside in the Oakfield-Alabama Central School District and who will be 4 years old by Dec. 1, 2018 are eligible to be registered for our Universal Pre-Kindergarten program for the 2018-2019 school year.

The children attend five days per week, each day, for 180 days, at no cost to you.

Transportation is provided for students who are 4 years old. Students that start the program at 3 years old must be transported by the family until they turn 4 years old.

We will have full-day and half-day classes available. Full day hours are 8:35 a.m. to 3:30 p.m. and half day hours are 8:35-11:30 a.m.

Registration packets have been mailed. If you do not receive a packet by Feb. 12, please call the elementary office at 585-948-5211, ext. 3211, or email kfisher@oahornets.org to request one. 

Registration paperwork needs to be returned by mail or in person to the Elementary Office by March 9. Space is limited so please return your paperwork as soon as possible in order to avoid being placed on a wait list.

Triton A. Drock, 23, of Buell Street, Batavia, is charged with criminal contempt, 2nd. Drock is accused of failing to be a witness in a Grand Jury hearing after being legally summoned. Drock was jailed on $2,500 bail.

A 17-year-old resident of Batavia was arrested on a warrant. The reason for the warrant was not released. The 17-year-old was jailed on $5,000 bail.

Shannon L. Klinkbeil-Heyday, 41, of Liberty Street, Batavia, is charged with petit larceny and falsifying business records. Klinkbeil-Heyday is accused of making fraudulent returns and keeping the refund money.

Christopher S. Bump, 23, of Briarwood Drive, Batavia, was arrested on a warrant. The reason for the warrant was not released. Bump was ordered held in the Genesee County Jail.

Torrence C. Greene, 27, of Wearing Road, Rochester, is charged with two counts of criminal possession of a controlled substance, 3rd. Greene was arrested at 1:09 p.m. Friday following a police response by officers James Prusak and Frank Klimjack to a report of a disturbance on Walnut Street. Greene is accused of possession of a narcotic with the intent to sell. He was jailed without bail.

Joseph Thomas Misiak Jr., 62, of Pratt Road, Batavia, is charged with aggravated harassment, 2nd. Misiak is accused of threatening a member of the Genesee County Sheriff's Office in a voicemail.

Jacob John Bukowski, 30, of East Park Street, Albion, is charged with unlawful possession of marijuana. Bukowski was allegedly found in possession of marijuana in the Town of Alabama at 3:30 p.m. Saturday by Deputy Kevin Forsyth.

Stephen Michael Milroy, 23, of Creek Road, Pavilion, is charged with DWI, driving with a BAC of .08 or greater, aggravated unlicensed operation, failure to keep right, and failure to notify DMV of change of address. Milroy was stopped at 12:48 a.m. Saturday on Route 20, Alexander, by Deputy Erik Andre.

Michelle Amber Condidorio, 36, of South Street, Le Roy, is charged with felony DWI, felony driving with a BAC of .08 or greater, and moving from lane unsafely. Condidorio was stopped at 2:01 a.m. Saturday on Telephone Road, Alexander, by Deputy Andrew Mullen.

Richard JM Button, 27, of Heritage Estates Street, Albion, is charged with unlawful possession of marijuana. Button was allegedly found in possession of marijuana and paraphernalia during a traffic stop at 4:48 p.m. Thursday on Judge Road, Alabama, by Deputy Austin Heberlein.

Jennifer Sue Davis, 38, of Webber Avenue, Oakfield, is charged with DWI, speed not reasonable and prudent, and uninspected motor vehicle. Davis was charged following an investigation into an accident reported at 8:52 p.m. Thursday on Downey Road, Batavia, by Deputy Austin Heberlein.

Gabriel A. Tapia, 19, of Woodhaven, is charged with unlawful possession of marijuana. Tapia was charged by State Police after allegedly being found in possession of marijuana at College Village at 11:16 a.m. Saturday.

Jacqueline M. Kobee, 28, of Buffalo, is charged with possession of controlled substance not in original container, criminal possession of a controlled substance, 7th, unlawful possession of marijuana, and aggravated unlicensed operation. Kobee was stopped at 1:54 p.m. Saturday on Route 77 in Pembroke by State Police.

An 18-year-old resident of Batavia is charged with unlawful possession of marijuana. The youth was allegedly found in possession of marijuana at 9:58 p.m., Saturday, at College Village, by State Police.

Michael T. Morasco, of Batavia, is charged with driving while impaired by drugs and moving from lane unsafely. Morasco was stopped at 11:52 a.m. Friday on Route 63 in Pavilion by State Police.

A car has reportedly rolled over after striking a deer in the area of 653 Bloomingdale Road, Basom.

It's believed injuries are minor.

A chief reports on scene one vehicle on its side in a ditch.

Alabama fire and Mercy EMS dispatched.

UPDATE 9:21 p.m.: Alabama command reports no injuries at this time.

Jacqueline M. Saeli, 52, of North Lake Road, Corfu, is charged with two counts of third-degree arson and one count of second-degree criminal mischief. Saeli is accused of starting a fire at 5:33 a.m. Jan. 6 at 8455 North Lake Road, Pembroke. The fire destroyed a shed and a Harley-Davidson motorcycle. Investigators say the shed and motorcycle were the property of her ex-boyfriend. The incident was investigated by Deputy Ryan Young, Investigator Christopher Parker, with assistance from the Pembroke Volunteer Fire Department and the Emergency Management Office. Saeli was arraigned and released under supervision of Genesee Justice.

Darcia Marie Golda, 46, of West Main Street, Batavia, is charged with third-degree grand larceny. Golda is accused of stealing more than $31,000 from her employer, Rite Aid, at 4155 W. Main St., Batavia, between October 2016 and September 2017.

David Allen Gurgir, 56, of Hulberton Road, Holley, is charged with two counts of conspiracy, 4th, and four counts of conspiracy, 5th. Gurgir is accused of working with two accomplices to purchase a truck and complete all of the associated paperwork under false pretenses.

Daniel L. Schmiegel, 32, of Basom, is charged with two counts of criminal possession of a weapon, 3rd. Schmiegel is accused of possession of an assault rifle and an ammo clip. Schmiegel was arrested by State Police. No further details released.

Maurice G. Leach, 41, of Batavia, is charged with resisting arrest, unlawful possession of marijuana, endangering the welfare of a child, fleeing a police officer in a motor vehicle, 3rd, aggravated unlicensed operation, using a vehicle without an interlock device, reckless driving. Leach was arrested by State Police in relation to an incident reported at 8:42 p.m. Thursday. No further details released.

A tractor-trailer rollover accident is reported in the area of 1074 Lewiston Road, Alabama.

The driver is out and appears uninjured. The road is blocked.

The product the truck is carrying is "all over the road." The product is alcohol.

Alabama fire responding.

UPDATE(S) (By Billie) 12:47 p.m.: The semi-truck was caught by a gust of wind and the passenger side wheels went off the roadway. The driver over-corrected, causing the rig to flip on its side. The roof then came off, spilling the cargo of $60,000 worth of liquor and wine. No injuries. More pictures will be posted later.

UPDATE 3:31 p.m.: The roadway is clear. All Alabama units are back in service.

Michael S. Ryan is indicted for the crime of criminal possession of stolen property in the fourth degree, a Class E felony. It is alleged that on Aug. 25 at the Premier Genesee Nursing Home on Bank Street in Batavia, he knowingly possessed stolen property -- a credit or debit card belonging to a client of the Le Roy Federal Credit Union.

Kevin G. Viehdeffer is indicted for the crime of bail jumping in the second degree, a Class E felony. It is alleged that he did not personally appear in Genesee County Court on the required date of March 27, or voluntarily within 30 days thereafter. It is alleged in the indictment that Viehdeffer was released from custody or allowed to remain at liberty upon the condition that he would subsequently appear in Genesee County Court.

Ryan P. Isham is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on Sept. 10 in the Town of Elba that Isham drove a 2011 Chevrolet on Route 262 in Elba while intoxicated. In count two, the defendant is accused of DWI, per se, as a Class E felony. It is alleged in count two that he had a BAC of .08 or more. In Special Information filed with the indictment by the District Attorney, Isham is accused of having been convicted of DWI as a misdemeanor on Nov. 15, 2015, in Cambria, Niagara County. That conviction is within 10 years of the crimes alleged in the current indictment.

Danielle N. Webster is indicted for the crime of aggravated unlicensed operation in the first degree, a Class E felony. It is alleged that on Oct. 6 in the Town of Alabama that Webster drove a 2005 Chevrolet on Bloomingdale Road while knowing, or having reason to know, that her driver's license or privilege to operate a motor vehicle was suspended in New York on Aug. 25 pending prosecution. It is further alleged that she was under the influence of alcohol or a drug at a time. In count two, the defendant is accused of driving while intoxicated as a misdemeanor. In count three, she is accused of failure to keep right. In count four, the defendant is accused of moving from lane unsafely. In count five, Webster is accused of moving across hazard lines on the roadway. In count six, the defendant is accused of consuming or possessing alcoholic beverages in a motor vehicle.

A 17-year-old Basom resident has lost his sentencing cap on his conviction of making a terrorist threat and reckless endangerment after allegedly testing positive for marijuana while out of jail awaiting sentencing.

Judge Charles Zambito told Isaac Abrams that he violated the terms of his release, which could mean his sentence on the two counts could run consecutively instead of concurrently. He faces up to seven years in prison on each count.

Abrams nor his attorney disputed the positive test.

Attorney Vanessa Guite characterized the marijuana use as a one-off incident.

"Someone handed him what they said was a 'black and mild' and he took a puff," she said. "He didn't understand what it was but he realizes he needs to change his behavior." 

The toxicology came back "mild positive," which indicates Guite said, that Abrams is not a habitual user.

First Assistant District Attorney Melissa Cianfrini confirmed with Zambito that Abrams had lost his sentencing cap.

"I don't know if you can get a mild positive test from one puff on a blunt but he has violated the terms of his release under supervision," Cianfrini said.

A month ago, Abrams admitted to threatening to shoot troopers and deputies during an incident on the Tonawanda Indian Reservation on Sept. 30, and of trying to seriously hurt or kill a person with a motor vehicle in the City of Batavia on Aug. 28.

He pled guilty to making a terrorist threat, a Class D felony, and reckless endangerment in the first degree, also a Class D felony.

While out of jail awaiting his sentencing, Abrams is on a curfew and can't leave his house between 7 p.m. and 7 a.m.

Zambito didn't order him back to jail today but warned him not to violate the terms of his release again.

"If there is any violation, there will be no notice to appear," Zambito said. "I will issue an order for your arrest and hold you until your sentencing."

Sentencing is scheduled for Feb. 9.

Thomas Allen Culver Jr., 39, of Wood Street, Batavia, is charged with petit larceny. Culver is accused of stealing and selling scrap metal from a location on Alexander Road, Batavia.

Anthony M. Quinn, 28, of 67th Street, Niagara Falls, is charged with unlawful possession of marijuana and muffler exhaust system violation. Quinn's vehicle was stopped for alleged traffic violations at 6:29 p.m. Wednesday on Route 77, Pembroke, by Deputy Andrew Mullen.

Alisa M. Schenk, 47, of Rochester, is charged with petit larceny. Schenk is accused of a theft at a location on the Tonawanda Indian Reservation at 10:42 a.m. Dec. 29. Schenk was arrested by State Police. No further details released.

Justin J. Bily, 21, of Cheektowaga, is charged with unlawful possession of marijuana. Bily was stopped by State Police at 5:34 a.m. Tuesday on the I-490 in Bergen.

Keith M. Hennard, 34, of Fillmore, is charged with driving while impaired by drugs, unsafe tires, moving from lane unsafely, and speeding. Hennard was charged by State Police following a motor vehicle accident at 5:26 p.m. Tuesday on Route 77, Pembroke. There were no injuries reported in the accident.

Dalton Chadwick Kelley, 20, of Chase Park, Batavia, is charged with attempted assault, 3rd, and harassment, 2nd. Kelley is accused of hitting another person in the forehead and of hitting a police officer during an incident at 11:03 p.m. Jan. 3 on Chase Park, Batavia. Kelley was jailed on $2,500 bail. Kelley is also accused of keying two vehicles at 6:25 p.m. the same day and was charged with two counts of criminal mischief, 4th.

Austin L. Wester, 23, of Pratt Road, Batavia, is charged with four counts of possession of a forged instrument, 2nd. Wester is accused of forging four checks belonging to another person in order to cash them.

Devon Devonanir Rodgers, 30, of Pearl Street, Batavia, was arrested on a warrant out of City Court for alleged violations of the terms of his conditional release.

Alicia Michelle Gomez, 42, of South Main Street, Batavia, is charged with violation of probation. Gomez was released on a warrant stemming from a complaint in February. Gomez was jailed on $2,500 or $5,000 bond.

Frankie J. McQueen, 26, of Snipery Road, Corfu, is charged with DWI, driving with a BAC of .08 or greater, illegal signal, and aggravated unlicensed operation, 3rd. Officer Chad Richards was dispatched at 6:51 p.m. Dec. 27 to the area of Thomas Avenue for a report of a red Chevrolet Cobalt being driven erratically and at a high rate of speed. The vehicle was located and stopped at McQueen was identified as the operator.

Samuel A. Torrelli, 24, of Stage Road, Albion, is charged with unlawful possession of marijuana and inadequate headlights. Torrelli was stopped at 10:30 p.m. Dec. 28 on East Main Street, Batavia, by Officer Mitchell Cowen.

Winston A. Lockhart, 22, of Holland Avenue, Batavia, is charged with two counts of harassment, 2nd. Lockhart was arrested on a City Court warrant after police were dispatched to 29 Holland Ave., Batavia, to investigate an unrelated disturbance. 

Zachary J. Marrow, 26, of Seven Springs Road, Batavia, was arrested on two warrants for alleged failure to appear in City Court after being served subpoenas. Marrow was located by Deputy Mathew Clor and turned over to Sgt. Eric Bolles and arraigned in City Court.

Levi Spikes Jr., 44, of Lewis Place, Batavia, is charged with unauthorized use of a motor vehicle, 3rd, speed not reasonable and prudent, leaving the scene of a property damage accident, unlicensed operator, driving without insurance. Spikes was allegedly involved in a motor-vehicle accident at 9 a.m. Jan. 1 at 56 Harvester Ave., Batavia.

 Jacob J. Sponaugle, 18, of Liberty Street, Batavia, is charged with driving while impaired by a combination of alcohol and drugs, aggravated unlicensed operation, 3rd, driving a vehicle without an inspection sticker, failure to keep right, and unlawful possession of marijuana. Sponaugle was stopped at 9:46 p.m. Dec. 29 on East Main Street, Batavia, by Officer James Prusak.

Joseph Michael. Smith, 41, of State Street, Batavia, is charged with petit larceny. Smith is accused of stealing from his employer, a gas station and convenience store at 629 East Main Street, Batavia, in November. Smith was also charged with petit larceny for allegedly shoplifting from Dick's Sporting Goods.

Justin T. Gladney, 28, no permanent address, is charged with unlawful possession of marijuana and criminal trespassing, 3rd.

James Derek Wert, 36, of Tracy Avenue, Batavia, is charged with criminal contempt, 2nd, and harassment, 2nd. Wert was allegedly involved in an incident at T.F. Brown's on New Year's Eve where he violated an order of protection and struck another person in the face. 

Jonathan R. Hyman, 45, of Drake Street, Oakfield, is charged with unlawful possession of marijuana, driving a vehicle without an inspection sticker, and criminal possession of a weapon, 3rd. Hyman was stopped at 4:08 p.m. Saturday on Main Street Road, Batavia, by Deputy Kyle Krzemien.

Christopher Patino, 23, of Eagan Boulevard, Henrietta, is charged with DWI, driving with a BAC of .08 or greater, unlawful possession of marijuana, and following too closely. Patino was stopped at 7:11 p.m. Friday on Route 77, Pembroke, by Deputy Micheal Lute.

Kenneth Joseph Rumble, 28, of Maple Road, Alabama, is charged with possession of a hypodermic instrument. Rumble was allegedly found in possession of a needle during a search by a probation officer.

Michael A. Shetler, 27, of Stafford, is charged with menacing, 2nd, unlawful imprisonment, criminal mischief, criminal mischief, 4th, acting in a manner injurious to a child. Shetler was arrested by State Police in relation to an incident reported at 9:29 p.m. Saturday in Stafford. No further details released.

Ricky O. Cooper, 40, of Le Roy, is charged with harassment, 2nd. Cooper was arrested by State Police in relation to an incident in Pavilion reported at 11:20 p.m., Nov. 21. No further details released.

James M. Caccamise, 29, of Byron, is charged with forgery of a deed or will. Caccamise was arrested by State Police. No further details released.

A person is trapped in a car but is apparently not injured, after a one-vehicle rollover accident at 1636 Judge Road, Alabama.

Alabama fire and Mercy EMS responding.

UPDATE 7:04 p.m.: A chief reports, vehicle on its side.

UPDATE 7:06 p.m.: A chief confirms, no injury. The subject needs assistance getting out of the car.

Michael Paul Carey, 32, of Main Street, Batavia, is charged with criminal obstruction of breathing or circulation.  Carey is accused of fighting with another inmate in the Genesee County Jail at 11:33 p.m., Monday. Carey allegedly tried to strangle a fellow inmate.

Allea Beth Devos, 30, of Prospect Street, Batavia, is charged with DWI, failure to dim headlights, and refusal to take breath test. Devos was stopped at 9:31 p.m., New Year's Eve, on Ellicott Street, Batavia, by Sgt. Eric Seppala.

Rebecca Sue Hensel, 35, of Pratt Road, Batavia, is charged with felony DWI, felony driving with a BAC of .08 or greater, and speeding. Hensel was stopped at 10:39 p.m., Friday, on Main Street Road, Batavia, by Deputy Mathew Clor.

Edward Jordan White, 22, of Michigan Street, Lockport, is charged with possession of dangerous contraband while confined in the first degree. White, while an inmate at the Genesee County Jail, allegedly possessed an alcoholic beverage at 9:43 p.m., Dec. 26.  He is being held on unrelated charges.

Michaela Rose Leach, 18, of Transit Road, Pavilion, is charged with trespass.  Leach was allegedly found at College Village after being barred from the property four days earlier.

Matthew H. Pape, 26, of Oakfield, is charged with harassment 2nd and endangering the welfare of a child. Pape was arrested by State Police following the report of an incident at 9:49 p.m., Monday, in Oakfield. Pape was jailed on bail. No further details released.

Eric M. Schroer, 22, of Depew, is charged with DWI and driving with a BAC of .08 or greater. Schroer was stopped at 10:03 p.m., on New Year's Eve, at Tensow Road and Bloomingdale Road, Alabama, by State Police.

Michael A. Shetler is indicted for crimes which allegedly occured in the Town of Oakfield in November. In count one, he is accused of third-degree assault, a Class A misdemeanor. It is alleged that on Nov. 4 Shetler intentionally caused physical injury to another person. In count two, he is accused of fourth-degree criminal mischief, also a Class A misdemeanor, for allegedly intentionally damaging the property of another person -- a cell phone -- on Nov. 4. In count three the defendant is accused of the crime of endangering the welfare of a child, another Class A misdemeanor. It is alleged in count three that on Nov. 5 Shetler knowingly acted in a manner likely to be injurious to the physical, mental or moral welfare of a child less than 17 years old. In count four, the defendant is accused of criminal obstruction of breathing or blood circulation, a Class A misdemeanor, for allegedly applying presuure on the throat or neck of a person "while in the kitchen near the door to the residence." In count five, Shetler is accused of criminal obstruction of breathing or blood circulation on a second occasion on Nov. 5. In count six, the defendant is accused of unlawful imprisonment in the second degree, a Class A misdemeanor, for allegedly restraining a person on Nov. 5. In counts seven and eight, Shetler is accused of second-degree strangulation, a Class D violent felony. It is alleged in counts seven and eight, respectively, that on Nov. 7 Shetler intentionally impeded the normal breathing or blood circulation of another person by applying pressure to the throat or neck of the person, thereby causing stupor, loss of consciousness for any period of time, and/or any other physical injury or impairment while in the bedroom and again while in the bathroom of the residence. In count nine, he is accused of another count of unlawful imprisonment in the second degree for allegedly restraining a person on Nov. 7. In count 10, this man is indicted on another count of third-degree assault for allegedly intentionally injuring a person on Nov. 7. In count 11, he is accused of criminal obstruction of breathing or blood circulation of a person on Nov. 11. In count 12, Shetler is accused of fourth-degree criminal mischief for a second time for allegedly intentionally damaging a person's cell phone on Nov. 11.

James J. Spivey is indicted for the crime of second-degree robbery, a Class C violent felony. It is alleged that on Oct. 25 in the City of Batavia that Spivey forcibly stole property when he was aided by another person who was present. In count two, he is accused of attempted second-degree assault. It is alleged in count two that in the commission, or attempted commission of a felony -- second-degree robbery -- that he or another participant attempted to cause physical injury to a person not involved in the commission of the crime. In count three the defendant is accused of second-degree attempted assault. It is alleged in count three that on Nov. 28 in the City of Batavia that with intent to injure another person, he did so by means of a dangerous instrument -- his footwear.

Lionel J. Anderson Jr. / AKA "PJ" is indicted for the crime of second-degree assault, a Class D violent felony. It is alleged that on Nov. 28 in the City of Batavia that the defendant intentionally caused physical injury to another person by means of a dangerous instrument -- "a street curb and/or a belt."

Robert C. Paris is indicted for the crime of driving while intoxicated as a Class E felony. It is alleged that on Oct. 7 Paris drove a 2000 Chevrolet on Route 63 in the Town of Batavia while in an intoxicated condition. In Special Information filed by the District Attorney, Paris is accused of having been convicted of DWI as a misdemeanor on April 27, 2016 in Batavia City Court and that conviction was within 10 years of the commission of the crime alleged in this indictment.

Robert R. Greiner III is indicted for the crime of driving while intoxicated as a misdemeanor. It is alleged that on June 3 in the Town of Darien that Greiner drove a 2015 Nissan while intoxicated. In count two he is indicted on DWI, per se, as a misdemeanor for allegedly having a BAC of .08 percent or more at the time. In count three the defendant is accused of the crime of unauthorized use of a vehicle in the third degree, a Class A misdemeanor. It is alleged in count three that on June 3 in the Town of Darien that Greiner drove the Nissan knowing that he did not have the owner's consent to do so.

John R. Clee is indicted for the crime of criminal possession of a forged instrument in the first degree, a Class C felony. It is alleged that on July 15 in the Town of Alabama that he intended to defraud, deceive or injure another party by knowingly possessing a forged instrument -- a counterfeit $50 bill in U.S. currency.

A rollover accident, believed to be with no injuries, is reported in the area of 7784 Alleghany Road, Alabama.

Alabama Fire and Mercy EMS dispatched.

A Subaru Outlander is reportedly in a pond off of Feeder Road, near Klossen Road, or perhaps Meadville Road, in the Tonawanda Wildlife Management Area.

The caller apparently reports being in the area of Meadville, but dispatchers say the phone signal is closer to Feeder Road and Klossen Road.

The callers say they are unable to exit the vehicle.

State Police, Alabama fire, Wolcottsville fire, Mercy EMS dispatched.

UPDATE 10:52 a.m.: There is water in the vehicle, but it is not sinking. There are two people in the vehicle. One is disabled.

UPDATE 11 a.m.: Alabama fire on location. One vehicle partially in the water, hanging over the bank.

UPDATE 11:02 a.m.: Confirmed, two people in the vehicle. No injuries. First responders stabilizing the vehicle until more help arrives.