Alexander

A petite foreign exchange student is reported missing and authorities are searching in and around Bowen Road in the Town of Alexander.

Didn't catch the host's address.

The person is described as 4' 7", 85 pounds, small frame.

Authorities are told to look in a nearby meadow also.

UPDATE (6:58 p.m.): Four searchers on ATVs are scouring the meadow near the residence in search of the person.

UPDATE (7:19 p.m.): Searchers planned on focusing on a trail running north/northwest of the meadow. They are bringing in a dog. However, now there's a report of a young, small female, with her hair in a ponytail and wearing a gray sweatshirt, spotted running on Route 238 (Attica Road) toward Attica. A caller said it appeared she had been running for some time. Also, she's reportedly adept at climbing trees, a skill which might prove handy if she was running away from danger.

UPDATE (7:36 p.m.) The female foreign exchange student has been located and she is safe.

A dog is reportedly stuck in a shallow well on property at 4213 Cookson Road in the Town of Alexander.

A woman who resides there called dispatch about the matter, saying the well is about five-feet deep. Not sure if it's the family pet.

Alexander Fire Department, presumably, is responding.

UPDATE (6:37 p.m.): Alexander Engine 107 is on scene.

UPDATE (6:42 p.m.): Alexander reports the rescue was successfully completed and the unit is back in service.

Fire crews and medics are busy this evening. So many calls, not always enough manpower.

Additional fire crews are asked to assemble in their quarters for Bethany, Alexander, the Village of Attica and Darien to be ready in case they are needed. Their other crews are all out on calls.

Tyrone N. Thigpen, 33, of 9 South Lyon St., Batavia, and Robert L. Williams Jr., 20, of 25 Harvester Ave., Batavia, are charged with disorderly conduct. Thigpen and Williams are accused of fighting on Pringle Avenue at 3:10 a.m., Saturday.

Paul D. Barth Jr., 19, of Cohocton Road, Pembroke, is charged with petit larceny. Barth is accused of stealing merchandise while employed at Kmart. The alleged thefts occurred between July through September.

Lynn Ann Hertweck, 42, of Reed Road, Churchville, is charged with a felony count of DWI, aggravated DWI (driving with a BAC of .18 or greater) and improper left turn. Hertweck was stopped in the area of 30 Hunter St., Bergen, at 1:54 a.m., Sunday, by Deputy Howard Carlson.

Richard J. Kubus, 30, of 25 Vine St., Batavia, is charged with petit larceny. Kubus is accused of attempting to steal a grocery cart full of merchandise from Tops Market in Le Roy. The total value is reportedly $401.69.

Trevor D. Cliff, 19, of Avon, is charged with unlawful possession of marijuana, operating a motor vehicle without an inspection certificate and speeding. Cliff was stopped by State Police at 8:28 p.m., Saturday, on Townline Road in Alabama.

Donald I. Wagner, 61, of Pavilion, is charged with DWI, driving with a BAC of .08 or greater and failure to use designated lane. Wagner was stopped by State Police at 10:55 p.m. on Court Road, Covington.

A 17-year-old from Attica is accused of petit larceny from a location in Alexander. The youth was arrested by State Police at 1:39 p.m., Thursday. No further details released.

Follow up to an accident we reported Friday: Injured, Nikkolas M. Bruner, 52, of Basom.

Follow up to "wanted" post for Deborah Compton: Compton was taken into custody Saturday at her residence and released on $1,500 bail.

When 25-year-old Ronald J. Wendt, convicted Monday of aggravated vehicular homicide and 10 other charges, is sentenced Nov. 15, Genesee County Judge Robert C. Noonan will have a range of sentencing options.

Under statute, each felony and misdemeanor carries its own sentencing guidelines, but all of the sentences will likely be served concurrently.

Here are the charges and sentencing options:

1. Driving While Intoxicated as a misdemeanor: 1 year maximum;
2. Driving While Intoxicated, per se, as a misdemeanor (i.e., driving with a BAC of .08 or greater): 1 year maximum;
3. Vehicular Manslaughter, 2nd, a Class D felony: 1 to 3 years, minimum; 2 1/3 to 7 maximum;
4. Aggravated Vehicular Homicide, a Class B felony (referred to as the "top count"): 1 to 3 minimum, 8 1/3 to 25 years maximum;
5. Manslaughter, 2nd, a Class C felony: 1 to 3 minimum, 5 to 15 maximum;
6. Vehicular assault, 2nd, a Class E felony: 1 to 3 minimum, 1 1/3 to 4 years maximum;
7. Aggravated Vehicular Assault, a Class C felony: 1 to 3 minimum, 5 to 15 maximum;
8. Assault, 2nd, a Class D felony: Minimum 2 years, maximum 7 years;
9. Vehicular Assault, 2nd, a Class E felony: 1 to 3 minimum, 1 1/3 to 4 years maximum;
10. Assault, 2nd, a Class D felony: Minimum 2 years, maximum 7 years;
11. Assault, 3rd, a misdemeanor: 1 year maximum.

On a count like aggravated vehicular manslaughter, Noonan could pick the one to three range, and it would mean Wendt would be eligible for parole after one year. If Noonan gave Wendt the maximum under that charge, Wendt would be eligible for parole after eight-and-one-third years. He couldn't serve more than 25 years.

Noonan could also set a range within the minimum and maximum.

Given that Count #8 and Count #10 carry minimum two year sentences, Wendt would have to serve at least two years in prison, even if Noonan picked a lower range on the higher class felonies.

Some key cases that have come before Noonan for sentencing in the past year:

• Scott F. Doll, convicted of beating to death Joseph Benaquist: Doll received 15 years to life. Noonan could have sent Doll to jail for 25 years to life, but said it didn't seem right to lock Doll up for the rest of his life when younger men convicted of the same crime would be getting out of jail in their 50s.
• Thomas Wallace, who admitted to watching porn while driving his truck just as he plowed into a disabled car on the Thruway, killing an Amherst mother, received a three to nine year prison term.
• Dennis M. Abrams, the mastermind of robbing an M&T Bank branch in Elba, where he and his accomplices terrorized the tellers, received a 13 1/2 year sentence.

UPDATED at 5:04 p.m.

Ronald J. Wendt II, 25, of Alexander, is guilty of DWI and aggravated vehicular homicide in the death of 18-year-old Katie Stanley on Aug. 14, 2009, a Genesee County jury concluded today.

The jury also convicted Wendt of the nine other counts against him, including vehicular manslaughter, 2nd, which carries a possible 25-year prison term.

The jury deliberated less than two hours after hearing more than four days of testimony in which defense attorney Thomas Burns tried to establish that Wendt wasn't legally intoxicated at the time of the accident and that the actions of the driver of the other car, Rachel Enderle, 27, of Dansville, contributed to the accident.

"I don't want to get into anything about the case other than to say I'm disappointed in the verdict," Burns said. "That's about all I have to say."

While the speed of the verdict surprised Burns, District Attorney Lawrence Friedman said the quick decision shows the people had a solid case on all charges against Wendt.

"I'm very pleased for Katie's family and the other victims of the crash," Friedman said. "Justice was served."

In the hours before the accident, Wendt worked with a friend baling hay in Attica. Toward the end of the workday, they began drinking beer. According to William D. Marchisin, 35, of Darien, Wendt and he each had as many as six beers prior to the accident, including one about 15 minutes beforehand.

The duo was going to stop off at My Saloon for "just one more" when Wendt decided to make a left-hand turn off Route 20 right in front of Enderle's oncoming car.

Stanley, also of Dansville, was riding in the right rear passenger seat.

Friedman acknowledged that people drink and drive in Genesee County every day and they rarely wind up involved in a fatal car accident.

"Obviously, the vast majority believe nothing like this happens, but that's the reason we have these laws," Friedman said. "I'm sure this defendant never expected anything like this could ever happen to him, but that's what the problem is, you never know. Anybody who is driving while intoxicated could find themselves in this situation."

Sentencing is scheduled for 9:30 a.m., Nov. 15. Friedman said he hasn't even started to think about a sentencing recommendation.

Burns said there will be an appeal, but as is his policy, he won't represent Wendt in the appeal.

Photo: File photo of Ron Wendt.

Whether Rachel Enderle was speeding, or not, or how attentive she was to her driving, doesn't really matter, District Attorney Lawrence Friedman told the jury in closing arguments of the Ronald J. Wendt manslaughter trial.

Wendt's conduct the night of Aug. 14, 2009 was a crucial link in a chain of events that led to a tragic accident. The jury need only find that without Wendt's conduct, the accident would never have occurred.

"If this defendant had not been drinking throughout the day, throughout the evening and throughout the night, Katie Stanley would still be alive," Friedman said. "If he hadn’t felt the need for one more beer and turned in front of that car, Katie Stanley would still be alive."

Defense attorney Thomas Burns argued forcefully in his closing remarks that the evidence does not support the charge that Wendt was driving drunk, nor that he should have reasonably concluded that by making that fateful left turn, an accident would have occurred.

The Sheriff's Office never investigated other factors in the crash, Burns argued, but immediately concluded that Wendt was at fault.

"So the singular focus is what I submit to you is what this trial is ultimately about," Burns said. "How else do we explain, for example, when we know that Mr. Fox said he was speeding, that he was not issued a traffic citation?

"When evidence suggests that Mr. Fox was directly behind Ms. Enderle and that she would have been speeding, there is no suggestion that she was issued a traffic citation in this case. How else do we explain resistance from police witnesses to common law evidence and how the Datamaster can be interpreted as to non-intoxication rather than simply intoxication?"

Wendt's BAC at the time of the accident may every well have been below .08, Burns argued, pointing out the rate of absorption possible would mean his last beer would have been hitting his system just about the time the test was administered.

Friedman, in his more than hour-long remarks, pointed out that absorption into Wendt's blood would have started when he took his first sip of that last beer, not when he finished it. Also, some of the alcohol in his system from his day of drinking would have been leaving his system at the same time.

Wendt's BAC at the time of the accident, Friedman said, could actually have been above .08.

Burns, also taking more than an hour to make his case, argued that the Datamaster is not reliable and like any machine, prone to error, but Friedman said breath tests go back to the 1950s and are standard tools for measuring BAC in criminal cases.

There's no evidence, Friedman said, that the Datamaster is any less reliable than a direct blood test. The results of the Datamaster are a person's actual BAC, not an estimate, as Burns had said, according to Friedman.

Burns also called into question the results of the field sobriety test given to Wendt by Deputy Tim Wescott at the scene. Burns was critical of the lack of consideration for any possible injuries Wendt might have suffered in the violent collision, that his fatigue was a factor and his heavy boots were a factor.

Also, Burns said, since the field test wasn't video recorded, the only record of Wendt's performance on the test was Wescott's memory.

Friedman countered that Wescott was an experienced law officer, that since his report also contained information on the parts of the test Wendt passed, and that by Wendt's own conduct and remarks prior to the test, Wescott's testimony was credible.

Friedman argued that the facts of the case clearly demonstrate that Wendt was intoxicated at the time of the crash and that even though he could clearly see a car right in front of him, he turned in front of it without stopping first and without using his turn signal. 

"I would suggest to you that the defense has tried very hard to complicate a very straightforward case," Friedman said.

The jury is beginning deliberations this afternoon.

If convicted of all charges, the 25-year-old Wendt could face up to 25 years in prison.

Ron Wendt's truck was likely traveling at 11 mph when it was struck by a Toyota Camry on Aug. 14, 2009 as Wendt attempted to make a left-hand turn into the parking lot of My Saloon on Broadway in Darien.

The Camry, driven by Rachel Enderle, 27, of Dansville, was likely going at 46 mph at the point of impact.

This is the testimony of accident scene investigator Deputy Ron Meides.

Meides said he had no ability to calculate the speed of the Camry in the second prior to impact.

Defense Attorney Thomas Burns asked a number of questions about the relative speed of the Camry and how much distance it would have traveled at those speeds.

Previously, Enderle and another witness have put the possible speeds in a range from 50 to 60 mph.

Witness Amanda McClellan estimated in earlier testimony that Wendt's truck was traveling at 30 to 40 mph as he attempted to make the turn.

Meides said his calculations were based on the distance the vehicles moved from the point of impact to where they came to rest. Because Wendt's truck hit a parked truck, therefore stopping motion, Meides had to begin his calculations on the distance that the stationary truck moved.

The starting point of the calculations was a gouge in the roadway. He estimated that the Camry traveled 10 feet from the point of impact and the Wendt's Dodge Ram moved 15 feet.

The weights of the vehicles with their respective passengers are also a factor in the calculation, as is the condition of the roadway. 

The type of roadway -- in this case "polished asphalt" (because of heavy use and age) -- adds "drag" to the motion of the vehicles (as does the condition of the tires, but not as much as the road surface).

Because the Sheriff's Office doesn't have the necessary device, Meides did not test for roadway drag to get a precise measurement. He testified that the number he used (called a co-efficient) was .5, which he said is standard under those conditions.

Other testimony today:

Sgt. Steve Mullen of the Sheriff's Office was called back to the stand to narrate a nighttime video he and other investigators made of driving past My Saloon. The video included two vehicles -- a truck stopped with its turn signal on in front of My Saloon and a sedan driving through Darien Center at 45 mph.

The only defense witness called today was Benjamin Bonarigo, an intern at his father's law firm, Bonarigo & McCutcheon. Bonarigo took additional pictures of the accident scene area on behalf of the defense.

Both attorneys rested their cases today and the jury was dismissed for the evening. Closing arguments begin around 9 a.m., Tuesday.

Once the jury was out of the courtroom, Burns resumed his motions for dismissal of all 11 counts against Wendt, saying that the People have failed to make its case that Wendt was driving under the influence and that he drove in a reckless manner.

District Attorney Lawrence Friedman was critical of Burns' motion, saying that Burns offered no proof that the People had failed to make its case. In fact, Friedman argued, there was sufficient evidence of DWI and that Wendt's actions were reckless.

"Obviously it’s our position, and I think that viewing the evidence in the most favorable light to the people, we have established reckless driving," Friedman said. "The defendant turned (left) right in front of a car that is so close. It’s not just his intoxication. It’s not just his traffic violation. It’s that he made the turn with the other vehicle in such close proximity."

The issue of recklessness -- and how to instruct the jury on the charges involving recklessness -- were also a big point of contention between Burns and Friedman when discussing how Noonan will instruct the jury on the charges.

Burns wants a charge that would require the jury to find that Wendt's behavior was clearly reckless, that he acted in a way that showed careless disregard for other people on a public highway. Friedman said under the law, the People don't even need to prove criminal negligence to get a reckless driving conviction -- just that the defendant took an action and it led to the death of another person.

Noonan will issue his rulings on how to instruct the jury on the charges in the morning, but he set no specific time on when he might rule on Burns' dismissal motions.

The prosecution in the Ronald J. Wendt manslaughter trial will not be allowed to submit evidence from a computer program that calculates and reaches conclusions on what happened in the Aug. 14, 2009 accident that killed a Dansville girl.

However, maps generated by the program that depict the accident scene without interpretation can be used, Judge Robert C. Noonan ruled in Genesee County Court today.

The combination of measuring devices and computer programs are known as Nikon Total Station, Vista FX (6th Edition) and Crashnet.

Noonan concluded that there are no precedents for using these programs for the purpose of accident-scene reconstruction and one of the tests of admissibility would be establishing general acceptance for that purpose by the scientific community. That has not been established, Noonan ruled.

In another matter, District Attorney Lawrence Friedman objected to photos brought into court today by defense attorney Thomas Burns, saying he hadn't been properly notified and questioning their evidentiary value.

Noonan ruled that Friedman could challenge the value of the photos as evidence at the time Burns attempts to enter them as evidence.

The photos were taken recently of the accident scene area. Burns said some of the photos show views that have not been offered into evidence by the prosecution.

As I've read our coverage of the Ron Wendt manslaughter trial, I've thought a couple of times it would be useful to see the scene of the accident, what the roadway is like, where buildings are located. 

To help with some perspective are four pictures from the scene. Note, to avoid any visual warping of perspective, I did not use telephoto settings on my lens. I did use a wide-angle setting from the porch of My Saloon.

Top picture is looking east on Route 20/Broadway from the low point of the road, less than 100 yards from the driveway of My Saloon (just past the Route 354 turn sign on the right).

For a bigger version of this picture, click here.

The trial resumes this afternoon.

More pictures after the jump:

Still looking east, but further up the road, where the speed limit changes to 40 mph.  Bigger picture.

The view looking west, the direction Ron Wendt was traveling. Bigger version.

The view from the front porch of My Saloon -- the vantage point of Amanda McClellan, who said she observed Wendt's truck going from 30 mph to 40 mph, and didn't apparently slow before trying to make the turn into the driveway.  The driveway is about four feet to the left of this picture. While McClellan couldn't have seen far up the road, to stand on the porch and watch cars go by gives a different perspective on just how much she could have seen.

Tim Wescott has spent 10 of his 12 years with the Genesee County Sheriff's Department on road patrol. It is a job he has trained extensively for and kept up to date on.

Under questioning from District Attorney Lawrence Friedman, Wescott told jurors in the Ronald J. Wendt II trial Wednesday afternoon, that he has taken courses at three different community colleges on how to conduct driver field sobriety tests and use the equipment to do so.

And yet despite the possibility that Wendt, too, may have been injured in the accident, though not obviously so -- perhaps he hit his head or tweaked his neck or back -- the deputy did not ask Wendt how he was or if he was injured.

Under cross-examination from defense Attorney Thomas Burns, Wescott testified that he wasted no time in performing field sobriety tests, which Wendt performed poorly.

Burns asked Wescott if his education included any medical training with regard to head trauma and concussions. He asked if he had learned about the possible effects of back or head injuries on tests for balance, coordination and mental functioning. No, Wescott said.

Burns asked if he was taught to ask about possible injuries before conducting sobriety tests.

"I don't know if I'm required to ask him," Wescott said. "I didn't."

Wescott testified that he was the first law enforcement officer to arrive at the accident scene on Aug. 14, 2009, in front of My Saloon on Broadway Road in Darien. That was at 11:13 p.m. -- four minutes after the first 9-1-1 call was received by dispatch (11:08 p.m.) and relayed to the officer at 11:09 p.m.

He estimated he conducted the intox tests on Wendt about 10 minutes after arrival and arrested him for DWI at 11:37.

The first thing Wescott noticed when he arrived at the crash was three damaged vehicles, Wendt's maroon pickup, Rachel Enderle's Toyota Camry, and a black truck that was parked in the lot. The Camry and Wendt's truck had both spun around as a result the impact of the crash.

Mercy EMS had one subject in an ambulance, a man in the roadway being worked on by medics, and he saw two women involved in the accident walking around. It was choatic, with bar patrons and others milling around, too.

Wescott said he spoke briefly with Rachel, the driver of the Toyota who struck Wendt's truck when he pulled in front of her as he made a left-hand turn into the My Saloon parking lot. He said there was no indication she had been drinking.

He was trying to get information about Wendt's truck, which was missing a front license plate, when Wendt approached him and said "I'm the one you're looking for."

Wendt told the officer he had come from a residence in Attica, was stopping for one (beer) and "thought he had time to turn."

"He had bloodshot, glassy eyes, some slurred speach and the odor of alcohol on his breath," the deputy said, who then asked if he'd been drinking.

Wendt said he had a few beers and then added "You might as well have me blow and take me to jail." The deputy said he'd rather have him do field sobriety tests.

The officer then detailed the standard tests given and what are called "clues" as to the person's inebriation. No single test can conclusively determine if a person is intoxicated, he noted. But Wendt did not pass any test "cluelessly."

Wendt told the officer he'd had four or five beers throughout the day while baling hay with a friend and had drank his last one about 15 minutes before the accident, which killed Rachel's back-seat passenger, 18-year-old Katie Stanley, of Dansville.

"He said he was slowing down, with his turn-signal on, and thought he had time to make the turn but said he guessed he didn't," Wescott said.

At the scene, it was determined that Wendt had no registration for his pickup, no current inspection sticker, his plate had been "voluntarily surrendered," and his only ID was an expired motorcycle driver's license.

After he was arrested and taken to jail, his picture was taken and it was shown to the jury yesterday. He looked slightly sunburned, unshaven, with reddish, tired-looking eyes. After being read his Miranda warnings and being interviewed by Wescott, he signed a voluntary statement about the accident at 1:13 a.m. Wescott said his demeanor, sobriety, or lack thereof, had not changed from his first encounter with him.

In other testimony Wednesday, Sheriff's Investigator Steve Mullen explained to jurors how a video recreating the moments leading up to the accident was made. They were not shown the video, however. One was made in daylight, another at night, earlier this year.

A key point was determining how far one can see cars coming down Route 20 eastbound from the roadway in front of My Saloon. Wendt had been heading westbound. It was estimated that one could see "several hundred yards" up the road, which then dips down at midway at the cemetery before rising, making cars visible again.

The speed limit goes from 55 to 40 east of the cemetery. In making the video, the eastbound driver was instructed to go 55 then take his foot off the gas pedal and start to brake at the 40 mph sign. The driver reached a speed of 45 mph by the time he got to My Saloon. How fast Rachel was driving is one of the points of contention in the case.

The other person who took the stand Wednesday was Rachel's cousin, Tim Enderle. Heavyset, 22, and a resident of North Chili, he testified that he, Rachel, Katie and Gabby Mahus had left a concert at Darien Lake early to avoid rowdy crowds. He was the front-seat passenger. They were on Route 20 heading to Rachel's house in Dansville.

"I noticed headlights up ahead, I try to notice everything, I think that's my responsibility as a passenger," Tim said. "I noticed the headlights shook a little bit -- as though somebody was deciding whether to turn."

He said he thought the truck was going "at a pretty high rate of speed and it sort of veered into the parking lot. He said Rachel was staying in her lane, looking ahead and was in no way distracted.

"I barely had time to put my arm up on the dashboard, I guess it was less than a car length in front of us," Tim said. "I took a deep breath. The crash was instantaneous. I could barely breathe. I smelled smoke, it was horrible."

Tim's window was rolled up and his door was jammed shut afterward. He said he looked at the others in the car and noticed Rachel and Gabby were OK, but Katie was not and blood was coming out of her nose area. When they were able to get him out of the vehicle, he tried to stand but felt an excruciating pain in his leg and fell to the ground.

He saw Katie on a guerney being taken to the ambulance.

"I noticed her arm was dangling down," he said. "I reached up and put it on her stomach."

He was taken to UMMC, then to Strong where underwent surgery on his leg and hip and spent weeks and weeks in rehab. He suffered a dislocated hip, two fractured vertabrae and his "femural head was driven up into his leg." Afterward, he spent months at home in a wheelchair, then a walker. He still has terrible pain, including while he was testifying, he said.

In the three or four hours before the accident in Darien that took the life of a Dansville girl, Ronald J. Wendt may have drank as many as six beers, a longtime friend of his testified today.

Thirty-five-year-old William D. Marchisin, who says he's known Wendt for a number of years, was called by District Attorney Lawrence Friedman to testify about what he and Wendt did in the hours leading up to the Aug. 14, 2009 accident.

The day started at 11 a.m. at Marchisin's house and included a pizza lunch at about 1 p.m. The two men then went to a neighbor's barn to remove a grain bin and then spent the next several hours baling hay.

According to Marchisin, Wendt brought along a cooler that contained six Arizona Ice Teas and six beers. The two men drank three beers apiece before leaving the field, then at two more at the VFW Hall in Alexander, and then one more in Attica while waiting for their wings to be cooked at a pizza shop  there.

Under cross examination by Wendt's defense attorney, Thomas Burns, it came out that Marchisin has given different versions of the events that day.

In one interview with investigators, he even lied under oath -- he admitted this in court today -- about even being at the accident scene. 

In his first interview with investigator William Ferrando, Marchisin said that Wendt dropped him off at home before Wendt drove to My Saloon (the accident occurred in front of the bar on Broadway Road in Darien). A few minutes later, Marchisin gave a new sworn statement saying that he was in the truck when it was struck by a car driven by Rachel Enderle.

Marchisin said he was scared during the Aug. 18 meeting with Ferrando, which is why he lied.

As for when he and Wendt had their first beer, Marchisin has given different time lines. In Grand Jury testimony, he said 7 p.m. Today, he said under direct examination that it was 8 p.m., but later testified that it might have been 15 or 20 minutes after 7 p.m.

Marchisin also admitted that he left the scene of the accident as soon as ambulances arrived.

He described the post-accident scene as chaos, with people yelling and screaming, and bar patrons mobbing the scene, bringing out drinks, including beer bottles, and setting them on the car and truck.

"I stood there on the curb," Marchisin said. "I stood there and I don’t want to say 'awed,' but dazzled, and I considered the scene secured, I guess, and I told Ron, 'I can’t handle it anymore,' and I walked home."

Marchisin lives about a mile from where the accident occurred.

Wendt's friend did not testify about the accident itself and may be called back to the stand on another day to testify about what he saw and heard.

First on the stand today was Ferrando, who photographed the accident scene and authenticated the pictures as evidence.

Among the pictures, are two that show a LaBatt's Blue beer box in Wendt's pickup bed and what appeared to be a Blue beer can on the ground next to the truck.

Also on the stand for a brief time was Gabby Mahus, who was a passenger, sitting behind the driver, in the car that hit Wendt's truck.

She broke down when describing the accident scene and Katie Stanley being taken from the car, apparently not breathing. Judge Robert Noonan authorized a short recess so she compose herself, but Friedman had only two more questions for her when she came back.

We'll have coverage of the afternoon testimony later.

On a clear night, on a straight road, at a time when none of the four people in her car were talking, cell phones weren't being used and the radio wasn't on, Rachel L. Enderle, with her hands on the wheel and her eyes straight ahead, didn't see Ronald J. Wendt's truck until a second before her Toyota Camry hit it.

Wendt, on trial for manslaughter and reckless driving, is accused of turning left on Route 20 at the location of My Saloon in Darien Center, right in front of 27-year-old Enderle's car.

Enderle's Camry plowed into the side of the Dodge Ram truck, and Enderle apparently neither hit her brakes nor swerved to avoid the accident.

Katie Stanley, 18, died as a result of the accident. She was a passenger in Enderle's car.

Alexander resident Wendt, 25, could serve up to 25 years in prison if convicted by the 12-person jury of aggravated reckless driving.

Enderle testified today that she wasn't distracted in any way prior to the accident, though she was probably going 55 mph in the 40 mph zone. The Dansville resident testified that she didn't see the lower speed limit signs when driving into the hamlet.

The only thing she remembers is seeing the maroon passenger side door of Wendt's truck just before hitting it.

"I didn't know where it came from," Enderle said.

She said she had no time to react.

"In my head and my heart, I do feel like I got my foot on the brake," Enderle said."I don’t know if pushed down on it."

While another witness testified that Wendt had his headlights on, Enderle said she didn't see the headlights of his truck approaching from the east. 

Two of the three witnesses who testified today could not recall with certainty whether Wendt used his turn signal.

Another witness, Amanda McClellan, who was standing on the recessed porch of My Saloon, and couldn't possibly have had a clear view of Wendt's truck as it approached the spot of the accident, said Wendt didn't have his turn signal on.

While Enderle said she had no time to react, another driver, Brian C. Fox, of Portageville, said he was two or three seconds behind Enderle's Toyota, managed to slam on the brakes of his pickup truck and stop five feet short of the collision.

Fox said he saw Wendt's truck -- with headlights on -- down the road before Wendt started his turn, but said Wendt turned quickly right in front of Enderle's car.

Asked by District Attorney Lawrence Friedman his opinion on whether the driver of the Toyota could possibly have had time to react, Fox said,  "There was nothing they could do."

Speed, of course, is an important factor in reaction time. 

Both Fox and Enderle testified that they couldn't say for sure how fast they were going, but there were driving with the flow of traffic.

Evidence indicates that Fox told investigators after the accident that he was going 55 mph. Today, Fox testified that he said he was going 55 because he thought that was the speed limit on that stretch of Broadway Road.

Today, he initially testified that he must have been going between 45 mph and 55 mph.

At a DMV hearing some months ago, Fox testified that he may have been going as fast as 60 mph.

McClellan testified that she thought Enderle was traveling at about the speed limit, or 40 mph. She estimated Wendt's speed to be between 30 and 40 mph as he went into the turn into the parking lot, though she admitted she didn't hear his tires squeal or see his truck fishtail.

Both Enderle and McClellan testified that beer cans and bottles flew from the bed of Wendt's truck at the time of impact. McClellan said there were as many as 20 beer containers on the ground near the accident scene. 

"A man had said let’s get these cans and bottles out of here before the cops get here," Enderle said.

Testimony in the Wendt trial resumes in the morning.

When court adjourned Monday night, there were 12 jurors sworn for the manslaughter trial of Ronald J. Wendt.

Now there are 11.

A juror was excused this morning for medical reasons.

About a dozen people from the original jury pool entered the court room today expecting to go through the interview process for the alternate jury seats, but now one of them will fill the 12th seat.

Then another juror sent a long note to Judge Robert C. Noonan this morning raising a number of concerns that he said came up over night related to his job. The juror also apparently discussed his situation with another juror.

After interviewing the juror who wrote the note, Noonan declined to dismiss him from service, saying that under New York statutes, once a juror is sworn the bar for removing a person from the jury becomes much higher.

Opening arguments in the case once all 12 jurors and alternates are seated.