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Site of Easter service in Bergen now county owned property, and that could be a problem

By Howard B. Owens

For 42 years members of two churches in Bergen have come together for Easter services on a hill in town.

When it was private property, there was never an issue with the annual service. Now, however, as of this year, the property is owned by the county.

Legislator Ray Cianfrini said today he is worried that somebody could sue the county over allowing a religious service on the property, or some "fringe group" (lack of a better term, he said) might demand equal access to a county park and say a precedent has been set.

"While I support the church and this service, I think there are some legal issues that will have ramifications," Cianfrini said.

County Attorney Chuck Zambito said, yes, it's possible allowing the service could lead to somebody filing a lawsuit.

"I don't think there is anything wrong by allowing them to hold the service," Zambito said. "You may get challenged and you may loose. You may have to abide by whatever happens."

The legal concern prompted Cianfrini to vote no on a resolution before the Ways and Means Committee to authorize the churches to hold the services.

The county acquired the property for one of its new emergency communication towers associated with the construction of the new 9-1-1 system.

Bob Bausch, who represents Bergen, sought approval of continuing access to the property for the Easter service.

The churches conducting the service are the First Presbyterian Church of Bergen and the United Methodist Church of Bergen.

"It's an hour service or less once a year and it's very, very meaningful to them," Bausch said.

The church leaders claim, Zambito said, that the person who owned the property 42 years ago placed a covenant on the parcel to ensure the churches would always be allowed to hold services there.

Zambito said he can find no such covenant filed with the deed and there's been no recording of any such contract.

On the other hand, the previous property owner -- Time Warner -- and the current surrounding property owner -- the Monroe County Water Authority -- have always allowed the services.

In fact, the water authority provides the churches with a key to its locked gate at the base of the hill and service-goers now have a paved road up the hill that's normally to service the Time Warner's communication tower.

Legislator Ed Dejanerio said he is concerned about any liability the county might have from the use, so legislators added a requirement to the resolution that the churches purchase appropriate insurance for the event.

The committee passed the resolution approving the services 3-1. 

Grand Jury indicts man for first-degree rape of girl less than 11 in City of Batavia

By Billie Owens

These are the latest indictments issued by the Genesee County Grand Jury:

Terrel A. Goodson, an adult male, is accused of predatory sexual assault against a child, a Class A-II felony. It is alleged that on Sept. 2, Goodson committed first-degree rape in the City of Batavia by engaging in sexual intercourse with a girl less than 11 years old. In count two, he is accused of the same crime by engaging in oral sexual conduct with a girl less than 11 years old. In count three, he is accused of first-degree sexual abuse, a Class violent felony, for allegedly subjecting a minor under the age of 11 to sexual contact.

Timmy L. Taylor is indicted on five counts of first-degree criminal contempt, Class E felonies, for allegedly violating a court order of protection in October in the City of Batavia. It is alleged that Taylor intentionally placed, or attempted to place, a protected person in reasonable fear of physical injury, serious physical injury or death by repeatedly following the person or engaging in a course of conduct or repeatedly committing acts over a period of time. He allegedly violated the court order of protection in the City of Batavia on Oct. 6 and Oct. 20 with the intent to harass, annoy, threaten or alarm a protected person or otherwise subject that person to physical contact or threatened to do so. He's accused of striking, shoving, kicking or otherwise subjecting the protected party to physical contact or threatening to do so. He's is accused of intentionally placing, or attempting to place, the protected party in reasonable fear of death, imminent serious physical injury or physical injury. In counts six and seven, he is accused of third-degree assault, a Class A misdemeanor, for allegedly intending to cause physical injury to another person, causing injury to such person or to a third person on Oct. 6 and 20th, respectively. In counts eight and nine, he is accused of second-degree strangulation, a Class D violent felony, for intending to impede normal breathing or circulation of blood to another person, applying pressure on the throat or neck of the person, thereby causing stupor, loss of consciousness for any period of time, or any other physical injury or impairment, on Oct. 6 and 20th, respectively. In count 10, he's accused of first-degree coercion, a Class D felony, for compelling or inducing a person to engage in conduct which the person had a legal right to abstain from engaging in or, conversely, the person had the right to engage in legally. This allegedly was done on Oct. 20 by instilling fear of physical injury. In count 11, Taylor is accused of second-degree unlawful imprisonment, a Class A misdemeanor, for allegedly restraining another person on Oct. 20.

Leon C. Bloom Jr. is accused of first-degree burglary, a Class B felony, for entering or remaining unlawfully inside a dwelling on Fordham Drive in the City of Batavia late on Sept. 22 or early on Sept. 23 with the intent of committing a crime. In so doing or in fleeing the scene, it is alleged he physically injured a person who was not a participant in the alleged crime. In count two, he's accused of strangulation in the second degree, in the same incident, for allegedly intending to impede normal breathing or circulation of the blood of another person, applying pressure to the person's throat or neck thereby causing stupor or loss of consciousness for any period of time or any other physical injury or impairment. In count three, Bloom is accused of third-degree assualt, a Class A misdemeanor, for intending to cause physical injury to another person or causing such injury to the person or a third person.

Matthew J. Vandorn is accused of third-degree burglary, a Class D felony, for allegedly knowingly entering and remaining unlawfully in a barn on Dillon Road in the Town of Pavilion on July 4th or 5th. In count two, he is accused of fourth-degree grand larceny, a Class E felony. He allegedly stole property valued at more than $1,000 in the Town of Stafford on July 1st or 2nd, specifically two Yamaha motorcycles, made in 1994 and 2005, respectively. In count three, he is accused of criminal possession of stolen property, 4th, a Class E felony. It is alleged that between July 1 and July 18 in the Town of Stafford he knowingly possessed stolen property with the intent to benefit himself or someone other than the owner, or to impede the recovery of the property by the owner. The property's value was more than $1,000 -- the two motorcycles noted in count two of the indictment. In count four of the indictment, Vandorn is accused of third-degree burglary, a Class D felony, for allegedly entering or remaining unlawfully in a building on Batavia-Oakfield Townline Road in the Town of Oakfield on June 29 and June 30 with the intent to commit a crime. In count five, Vandorn is accused of criminal possession of stolen property, 3rd, a Class D felony, for allegedly knowingly possessing stolen property with the intent of benefitting himself or someone other than the owner, or to impede the recovery of the property by the owner and the value of it exceeded $3,000. The property was a Honda TRX four-wheeler and a Yamaha 350 Raptor four-wheeler. In count six, he is accused of grand larceny, 3rd, a Class D felony for allegedly stealing property on June 29 and June 30 valued at more than $3,000, the aforementioned four-wheelers.

Samantha A. Lora is accused of driving while intoxicated, a Class D felony, for driving a 2013 Chevrolet on Interstate 90 in the Town of Pembroke on May 1 while impaired by alcohol. In count two, she accused of the same crime while she had a passenger age 15 or less, which is a Class E felony. In count three, Lora is accused of aggravated unlicensed operation in the first degree, a Class E felony, for operating a motor vehicle while knowing or having reason to know, that her license was suspended, revoked or otherwise withdrawn in the state of New York, and while under the influence of alcohol or drugs.

Jeremy M. Denton is accused of driving while intoxicated as a Class E felony. It is alleged that on May 10 in the Town of Bergen he drove a 2004 GMC pickup truck on Route 19 while intoxicated. In count two of the indictment, he is also accused of having a BAC of .08 at the time.

Law and Order: Two men accused of causing a late night disturbance at McDonald's

By Howard B. Owens

Sean A. Kota, 20, of 7118 Byron Holley Road, Byron, is charged with DWI, refusal to take breath test, and criminal possession of marijuana, 5th. Kota was arrested following a police response to a report at McDonald's of two males in a vehicle in the drive-thru causing a disturbance at 2:30 a.m., Wednesday. Kota was allegedly found in possession of more than 25 grams of marijuana. Kota was jailed on $2,500 bail.

Michael Vincent Pontillo, 20, of 37 Bogue Ave., Batavia, is charged with assault, 2nd, with intent to cause physical injury to a police officer, obstructing governmental administration, 2nd, and resisting arrest. Pontillo was arrested as part of the same alleged incident involving Kota above.

Lance David Compton, 21, of East Main Street, Attica, is charged with unlawful dealing with a child, 1st. Compton is accused of providing alcohol to two people under age 21. Compton was arrested following a traffic stop at 9:09 p.m. Thursday on Lake Road, Bergen, by Deputy Joseph Corona. Cited for alleged possession/consumption of alcohol under age 21 were Christopher Stuart Nevinger, 20, of Eaton Road, Perry, and Cody Kleitz, 18, Espial Drive, Binghamtom.

Reinaldo Roman, 41, of 140 Jackson St., Batavia, is charged with criminal contempt, 1st. Roman is accused of violating a stay away order of protection by being at the residence of the protected party. Roman reportedly has a prior conviction on the same order for criminal contempt, 2nd.

Kasean L. Shannon, 21, of 115 State St., Batavia, is charged with unlawful possession of marijuana and criminal contempt, 1st. Shannon is accused of violating a stay away order of protection and possessing marijuana at the time of his arrest by Batavia PD.

Banjamin G. Evans IV, 25, no current address, Rochester, was arrested on a bench warrant out of City Court. Evans is accused of failure to appear on a criminal possession of a controlled substance charge. Evans was located by Rochester PD and taken into custody. He was jailed on $2,500 bail.

Mom chases son who allegedly stole her car

By Billie Owens

Law enforcement just intercepted a suspect driving a burgundy Ford Escape on southbound Route 19. The driver's mother had reported that her son stole her vehicle. She followed him in her blue Jeep Liberty. The chase went on for about 10 minutes.

"The mother's awfully excited. We're telling her to stay in the vehicle," says a dispatcher.

Smoke in the residence reported on North Lake Road, Bergen

By Howard B. Owens

Residents of 6568 N. Lake Road have evacuated the structure after reporting smoke in the house from a possible electrical problem.

The call came in through Monroe County dispatch.

Bergen fire is being dispatched. Brockport ladder and a Churchville engine are in route.

A chief on scene reports nothing showing from the single-story ranch home.

UPDATE 6:04 p.m.: First Bergen crew arriving on scene, will be deployed to the basement with a thermal camera.

UPDATE 6:06 p.m.: A chief reports "a basement charged with smoke." Also, Mercy EMS responding from Batavia.

UPDATE 6:10 p.m.: Mercy's response cancelled. A firefighter reports, "basement's been checked. Everything's cool down there." Proceeding to check ground floor.

UPDATE 6:18 p.m.: Fans are being brought in to air out the structure. No cause found at this time.


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Liberty Pumps names new CFO

By Howard B. Owens

Message from Charlie Cook, CEO of Liberty Pumps:

I am very pleased to announce that Dennis Burke has been promoted to the position of Chief Financial Officer (CFO) of Liberty Pumps effective October 1.

Dennis has been with the company for 21 years serving in a wide variety of roles. He is currently our Manager of Finance and Human Resources, which includes the management of our Accounting department. His new position and title more accurately encompass and acknowledge those responsibilities among several others. He is an essential member of the Liberty management team. A 1985 graduate of Byron-Bergen, Dennis has a bachelor’s degree in finance from St. John Fisher College and an MBA from the University of Buffalo. He also has his certification as a Senior Professional in Human Resources and is a member and past president of the GAPA Human Resources Association. Dennis is a 2001 graduate of Leadership Genesee and is very active and involved in the community.

Car accident at Route 33 and Lyman Road, Bergen

By Billie Owens

A car accident with minor injuries is reported at Route 33 and Lyman Road in Bergen. Bergen fire and medics are responding. The vehicle is said to be about 20 feet off the roadway into some small trees.

UPDATE 7:35 p.m.: Bergen is back in service.

UPDATE 7:50 p.m.: An 18-year-old male is being taken to UMMC with complaints of left-side pain in his hip, back and ribs.

Turnovers Doom Elba/Byron-Bergen

By Nick Sabato
Elba/Byron-Bergen turned the ball over four times as they fell to Attica, 28 to 6.
 
The Blue Devils got off to a fast start as Jake Strzelec scored the first two touchdowns of the game on a pair of 6-yard runs to take a 14-0 lead early in the second quarter.
 
The Lancers appeared to have momentum as they drove deep into Attica territory before Jake Dollard picked off the first of his three interceptions in the game. 
 
After neither team could put points on the board, Elba/Byron-Bergen was driving again with less than two minutes to play in the half before Dollard intercepted Garrett Chapell again, this time taking it 80 yards for a touchdown to go up 21-0.
 
Disaster would strike again as Andy Underhill fumbled the ensuing kickoff, giving the Blue Devils the ball deep in Lancer territory. However, Elba/Byron-Bergen appeared to turn the momentum their way after keeping Attica off the board before halftime.
 
“I thought we rallied pretty well at halftime,” said Elba/Byron-Bergen head coach Mike Cintorino. “We made some adjustments at halftime and our kids came out firing in the second half.”
 
The Lancers came up big on the first drive of the second half, recovering a fumble at the Attica 28-yard line. They wasted no time in turning the mistake into points as Steele Truax plunged in from a yard out to cut the lead to 21-6.
 
Chapell had his team driving again after a defensive stand, but the Blue Devils were able to get the ball back after the Lancers turned it over on downs.
 
The Blue Devils would get one more score as Damian Marchetti found Evan Krawczyk for a 30-yard touchdown pass to put the finishing touch on the game.
 
“Attica played a great game,” said Cintorino. “We knew it was going to be a dog fight, the last three years have been. It’s always a physical game with them. Turnovers, penalties and mistakes can come back to haunt you and that’s what happened today.”
 
Strzelec stepped up in place of injured star running back Matt Perry, who missed his second straight game. Strzelec finished with 128 yards on 29 carries and 2 touchdowns on the day for Attica.
 
Chapell finished the game going 13-of-29 passing for 101 yards and 3 interceptions for the Lancers.
 
Attica (5-1) will play host Notre Dame next Friday, and if they win, the Blue Devils will get a share of the Genesee Region League title.
 
Meanwhile, Elba/Byron-Bergen (2-4) travels to Finney, where a win could put them into sectional play.
 
“We are a young team, so all of these things we try to learn from,” said Cintorino. “We when make mistakes like we did today and in other games, we are going to break down the film, we are going to make those adjustments and hopefully they can learn from them.”
 

Locally grown produce helps fill community food pantries

By Bonnie Marrocco

Fifteen years ago longtime Le Roy resident Stu Freeman noticed that leftover potatoes were sitting in fields rotting after harvest season, so he got farmers in the community to allow him to glean the vegetable to donate to local food pantries. That year he brought about 300 pounds of potatoes in and he's been doing it every year since.

Since then the "Potato Man" as he is affectionately known, has also gotten farmers to donate cabbage, carrots, onion and butternut squash. So much so that he couldn't keep up with the demand.

Two years ago he recruited members of his congregation, Bergen First Presbyterian Church, to assist. They regularly gather, sort, wash, pack and deliver fresh produce to food pantries every two weeks throughout the fall and winter. Last year they delivered more than 15,000 pounds to The Salvation Army and Community Action in Batavia, as well as Go Christian Church in Churchville.

Congregation member Kelsey Hill got involved and she is grateful for the opportunity to live out her faith in a practical way.

"I rounded up high school kids from the Sunday school class that I was co-teaching and we volunteered together," Hill said. "I was excited for the opportunity to show the students that faith isn't just something to talk about on Sunday mornings, but something to live out every day."

There are about 10 area farmers who participate. Although the farmers are committed to helping, they prefer to remain anonymous. The Batavian agreed not to print their names or the names of their farms.

Besides food, Freeman also collects coats and shoes for The Salvation Army in Batavia, Open Door Mission in Rochester and Teen Challenge in Buffalo. In the past three years, he has brought them hundreds of both, with help from his church and community.

He is an extremely humble man who is hesitant to talk about himself or his accomplishments, but having come from a family of 10 children, he knows how hard it is to make ends meet.

"I've done what the good Lord has put in my heart to do," Freeman said. "I don't want praise or publicity, I just want other people to get involved by donating food to the hungry. One church can't do it all."

Hill also encourages individuals, families and churches to give food or money to charities for families in need.

"We could also use more hands to wash and dry vegetables this Saturday and it's open to whomever would like to help," Hill said

Among those extra hands will be the Byron-Bergen Soccer team.

The next "Potato Wash" will be held 10 a.m. to 12 p.m. Saturday at First Presbyterian Church of Bergen, 38 S. Lake Ave., Bergen.

Car crash at Town Line and South Lake roads, Bergen

By Billie Owens

A two-car accident, with one person complaining of abdominal pain, is reported at Town Line Road and South Lake Road in Bergen. It is blocking traffic. Mercy and Bergen ambulances and Bergen fire are responding. Two others in the accident are minors and need to be evaluated.

UPDATE 6:45 p.m.: About 15 minutes ago, Bergen ambulance transported one patient to South Lake Hospital in Brockport.

UPDATE 7:10 p.m.: Medics are back in service with two sign offs.

Smell of natural gas at Byron-Bergen Central School, students evacuated

By Billie Owens

The smell of natural gas at Byron-Bergen Central School prompted the principal to pull the fire alarm in order to evacuate students. The natural gas alert came to dispatch through RG&E. Bergen Fire Department is on scene. Mutual aid from Le Roy fire is also requested. The school is located at 6917 W. Bergen Road.

UPDATE 9:29 a.m.: "We do have an odor at the high school in the kitchen area and they are checking out the elementary school as well," says Bergen Command's firefighter Michael Crosier.

Le Roy Fire Chief Tom Wood is in charge of operations at the elementary school

RG&E workers just arrived. The superintendent had the elementary school evacuated as a precaution but no odor is of natural gas is reported and the odor of natural gas was found in the mechanical room.

UPDATE 9:33 a.m.: One engine from Churchville is requested to stand by in its hall to provide coverage for Le Roy. Bergen. Bergen command says the smell of natural gas at the high school is coming from a couple of different areas.

UPDATE 9:49 a.m.: Responders are doing a second walk-thru of the high school. There was the odor of natural gas coming from the pool area. When the walk-thru is completed, Le Roy can go back in service.

UPDATE 10:14 a.m.: Stafford also was put on standby for Le Roy and is back in service, along with Le Roy and Churchville.

UPDATE 10:39 a.m.: Bergen command says RG&E has identified a few leaks and crews are working to repair them. The school will be closed for rest of the day and the children are being dismissed.

UPDATE 10:45 a.m.: Bergen command asks dispatch to have a deputy respond to the Byron-Bergen Central School because there are a lot of parents showing up to get their children and "some aren't too happy about things." A deputy is responding.

UPDATE 10:57 a.m.: A Le Roy fire official sent us the following corrections to this post (which have also been noted above):

1) Churchville was put on standby for Bergen, not Le Roy;

2) Stafford was on standby for Le Roy;

3) No odor of natural gas was reported at the pool;

4) In addition to leaks at the high school, the odor of natural gas was found in the mechanical room of the Elementary School.

UPDATE 11:25 a.m.: This message has been sent to parents at Byron-Bergen.

Dear Byron-Bergen Parents and Guardians,

This is Byron-Bergen Superintendent, Casey Kosiorek. I want to inform that students of the district will not be returning to school today as a result of a gas leak in both buildings. Elementary students may be signed out at the Bergen Fire Hall.  Jr./Sr. High School students may be signed out at the track. Students that can't be picked up will remain at these locations until they can be bussed at their regular time. Lunch will be provided. This evening's Elementary Open House has been cancelled. We will keep you updated as we continue to work through the situation.

UPDATE 11:36 a.m.: The students are evacuated and the schools are closed, according to the superintendent.

UPDATE 11:56 a.m.: The Bergen assignment is back in service. RG&E remains on scene.

Law and Order: Cashier accused of stealing $1K from Walmart

By Howard B. Owens

Samantha Jane Roberts, 22, of Vine Street, Batavia, is charged with grand larceny. Roberts is accused of stealing $1,072 in cash from registers at Walmart while employed as a cashier.

Adante L. Davis, 23, of 32 Washington Ave., Batavia, is charged with disorderly conduct.  Davis allegedly made obscene gestures and used foul language directed at police officers while the officers were working in the area of West Main Street.

William C. Wurster, 52, 337 Bank Street, Apt. 70, Batavia, is charged with harassment 2nd. During a dispute with a neighbor, Wurster allegedly picked up a 2x4 and swung it around his head in a threatening manner.

Patrick Gilman Kimball, 30, of Tracy Avenue, Batavia, is charged with DWI, driving with a BAC of .08 or greater, failure to keep right and failure to dim headlights.  Kimball was stopped at 2:30 a.m., Friday, on Route 5, Pembroke, by Deputy Joseph Corona.

Andrew Charles Webster, 20, of North Street, Leicester, is charged with criminal possession of a controlled substance 7th. Webster was allegedly found in possession of Tramadol during a traffic stop at 11:47 p.m., Sunday, on Gillate Road, Alexander, by Investigator John Weis.

Curtis Paul Howden, 34, of Redman Road, Brockport, is charged with DWI, driving with a BAC of .08 or greater, unlawful possession of marijuana, drinking in a motor vehicle and failure to keep right. Howden was stopped at 12:35 a.m., Friday, on South Lake Road, Bergen, by Deputy Joseph Corona.

Kasey Ann Woodhouse, 24, of Liberty Street, Batavia, is charged with aggravated harassment 2nd. Woodhouse is accused of sending harassing messages to another person via Facebook after being told not to have contact with that person.

Robert L. Peachey, 30, of Oakfield, is charged with conspiracy 5th and grand larceny 4th, and Roy D. Hooten, 52, of Oakfield, is charged with conspiracy 5th. Peachey and Hooten were arrested by State Police for an alleged incident reported at 10:03 p.m., Saturday. No further details released.

Photos: Late afternoon in Bergen and Stafford

By Howard B. Owens

On an overcast day, I drove past this farmfield on Route 262 in Bergen and thought on a bright, blue-sky afternoon it might make a good picture. Yesterday, with a little available time and the sun heading west with a clear sky, I drove out the same location to make this picture.

Kevin Scroger was mowing the grass on the shoulder with his granddaughter Leyna Perkins, age 3 1/2. He told me the field was soybeans, near time for harvest. He's also pictured with his grandson, Carter Perkins, age 1. You may remember Kevin from the piece we did on the Hawleys' barley harvest.

The bottom picture is of Marty McDonald's barn and silos in Stafford.

Propane tank ablaze near house on Dublin Road, Bergen

By Billie Owens

A large propane tank toppled over and is on fire near the house at 7615 Dublin Road, just west of Jerico Road. A state trooper at the scene says she's trying to get someone away from the fire and the person is refusing to leave. Bergen Fire Department is responding.

UPDATE 4:06 p.m.: The officer reports the person is now away from the fire.

UPDATE 4:09 p.m.: Fire command reports a 100-gallon cyclinder is on its side, free burning, with no exposure to the house.

UPDATE 4:19 p.m.: Griffith Oil is called to help its customer at that address.

UPDATE 4:25 p.m.: A rep for the oil company asked if the tank was still free burning and fire command says it is but the fuel level is low at this point.

Law and Order: DNA allegedly links two people to 2012 burglary in Le Roy

By Howard B. Owens
Kristen Brightenfield James Kavanagh

Kristen L. Brightenfield, of South Byron, and James M. Kavanagh, 23, of Chili, are charged with one count each of burglary, 3rd and grand larceny, 4th. Brightenfield and Kavanagh were arrested following a lengthy investigation by Le Roy PD into a burglary in April 2012 at the old Jell-O Factory, 57 North St., Le Roy.

John O'Shea was arrested for the burglary shortly after it occurred and is currently serving a sentence in State Prison. Brightenfield and Kavanagh are accused of being accomplices. Investigators executed a search warrant at a location in Monroe County and allegedly recovered stolen property. DNA evidence linking Brightenfield and Kavanagh to the crime was also reportedly found at the scene. Both suspects were arraigned and released on their own recognizance.

Rachel Lynne Chatley, 18, of Angling Road, Corfu, is charged with petit larceny. Chatley and a 17-year-old friend (name withheld by the Sheriff's Office) are accused of shoplifting $115.55 worth of merchandise from Walmart.

Christopher John Naugle, 44, of Appletree Avenue, Bergen, is charged with harassment, 2nd, and unlawful possession of marijuana. Naugle is accused of throwing a lit cigarette at another person and hitting that person in the face with it. During the investigation, Naugle was allegedly found in possession of marijuana and a pipe with marijuana inside of it. Naugle was jailed on $300 bail.

Law and Order: Woman accused of breaking property; man accused of assault

By Howard B. Owens

Katherine J. Briggs, 34, of 172 S. Main St., #112, Batavia, is charged with criminal mischief, 3rd. Briggs allegedly damaged property of another person during an argument. The alleged incident was reported at 2:16 a.m., Saturday.

Kyle E. Kirtley, 24, of 6 Pine Tree Road, Central Square, is charged with assault, 3rd. Kirtley is accused of punching another person in the head several times causing substantial pain. The alleged incident was reported at 2:16 a.m. Saturday at 172 S. Main St., Batavia. Kirtley was jailed on $1,000 bail.

Tracey Lynn Brewer, 48, of Columbia Avenue, Batavia, is charged with petit larceny. Brewer is accused of shoplifting at Walmart.

Sara Marie Zilliox, 38, of South 7th Street, Lewiston, is charged with unlawful possession of marijuana. Zilliox was charged following a traffic stop at 1:05 a.m. Saturday on Lake Road, Bergen, by Deputy Joseph Corona.

Christine Marie Osborne, 38, of State Street, Batavia, is charged with petit larceny. Osborne is accused of stealing $62.78 in merchandise from Walmart.

Mark Anthony Rebmann, 24, of Exchange Street, Attica, is charged with petit larceny and criminal possession of a controlled substance, 7th. Rebmann is accused shoplifting $24.99 in merchandise from Kmart. During the investigation by Deputy Joseph Graff, Rebmann was allegedly found in possession of heroin.

April Marie Palmer, 27, of East Main Street, Batavia, was arrested on a warrant for alleged failure to appear on a grand larceny, 4th, charge.

Dale A. Hollwedel, 26, of 9983 Francis Road, Batavia, is charged with DWI, refusal to take breath test and drinking alcohol in a motor vehicle. Hollwedel was stopped at 1:42 a.m. Thursday following a complaint in the MacDonald's drive thru by Officer Jason Davis.

Kimberly M Volk, 24, of 111 Liberty St., Apt. A, Batavia, is charged with petit larceny. Volk is accused of shoplifting at Tops.

Willie F. Irvin II, 31, of 22 Trumbull Parkway, Batavia, is charged with harassment, 2nd. Irvin is accused of verbally threatening another person while on State Street. He was jailed on $750 bail.

Jason E. Carpenter, 35, of 137 State St., Batavia, is charged with disobeying a mandate. Carpenter allegedly contacted another person in violation of an order of protection.

Rosemary R. Waters, 27, of 23 Forrest Ave., Oakfield, is charged with criminal mischief, 4th.  Waters allegedly picked up a mobile phone from the floor during an altercation and threw it back down, breaking it.

Froylan Hernandez, 26, from California, is charged with trespass. Hernandez was arrested by State Police following a report at 2:14 p.m. Aug. 10 on Wilkinson Road, Batavia. Hernandez was jailed on bail. No further details released.

Maurice G. Leach, 37, of Rochester, is charged with petit larceny. Leach was arrested in the Town of Batavia by State Police. No further details released.

The following individuals were arrested by State Police at 11:30 p.m. Friday at a location in the Town of Bergen, and charged with trespass: Alana M. Diefendorf, 16, Olivia R. Sweet, 16, Jacob M. Hillabush, 19, Danielle C. Zelazny, 17, Joseph T. Burr, 20, Dakota Troy Harlach, 20, Hannah M. Feary, 19, Kyle K. Shultz, 19, Daniel J. Ognibene, 19, Payton V. Conley, 18, Richard S. Streiff, 19, and Matthew C. Ferris, 18. Diefendorf, Sweet, Hillabush, Zelazny and Burr were also charged with possession/consumption of alcohol under age 21.

Alexander muscles way to opening-game victory over Elba/Byron-Bergen

By Howard B. Owens
Dylan Scharlau heads toward the end zone in the fourth quarter.

One year makes a big difference in high school football.

To start the 2012 season, Elba/Byron-Bergen had the size and experience over Alexander. The final score that opening game was 40-13.

The way Lancers Head Coach Michael Cintorino sees it, the Alexander players didn't forget that smackdown.

Yesterday in Alexander, the tables were turned and the Trojans came out on top 23-6 victory after dominating a rain-drenched second.

"I think the key to the game is Alexander returned an awful lot of guys who are very well coached," Cintorino said. "Their guys came ready to play. Not that we didn't, but they had a little fire in them from what happened to them last year against us. I think that stayed with those young guys and they put their time in during the off season."

The Lancers were powered last season by the legs of Zach DuBois and the arm of Zac Gillard. Both players graduated.

All but three of Alexander's 19 varsity players hit the weight room hard during the off season, said head coach Tim Sawyer. This year, the Trojans may lack the roster size of some other teams, but they can put some big guys on the field.

Senior running back Dylan Scharlau is 6' and 195 lbs. Quinn Furlong, at TE and LB, is an inch shorter, but the same weight. Alton Rupp and Will Burke check in on offense and defense at 190 and 195 lbs. On the offensive and defensive lines are anchored by Kelsey Patten (225 lbs.), Jonathon George (230 lbs.), Damien Hargraves (200 lbs.) and Alex Jewett (245 lbs.).

With Nelson Burke at QB and Zach Laird at wide out, the Trojans can also run and catch.

"Elba is a physical team," Sawyer said. "But we have some pretty good size this year combined with strength. I thought it was a good, even match-up."

The key to the game may have been the start of the second half, which didn't result in a score for Alexander (penalties killed their drive), but it did help turn the tide.

Up by three after Scharlau's 30-yard field goal gave Alexander a 9-6 lead to end the second quarter; the Trojans had the first possession of the third.

"This doesn’t show on the scoreboard but I think this is huge," Sawyer said. "To start the third quarter, we’re going into a strong wind into a driving rain and possessed the ball for seven minutes. We didn’t get any points, but it chewed up their offensive advantage of the wind and all."

The rain and the wind stayed steady throughout the fourth quarter, when the Lancers offense was facing the western end zone. With the wind at their back, the Trojans were able to engineer two touchdown drives.

Burke hit Laird for a 17-yard pass for a TD and Scharlau pushed the pile forward on a goal line TD run, followed by a two-point conversion pass from Burke.

Elba/BB's lone score came on a pass from Garrett Chapell to Kyle Dougherty, giving the Lancer's a quick 6-0 lead.

Last season the 2-6 Trojans had a tendency to get down early and then find it difficult to battle back, so Sawyer as much pleased with the way his team won as he is with a 1-0 start to the season.

"They boys believed in themselves and kept battling," Sawyer said. "To be down early and finish the game 23-6, that’s a big step for our football program."

Both coaches said they have work to do with their teams.

For the Lancers, there's no one glaring issue, Cintorino said. There's a lot of little things, but mainly the mental errors need to be addressed.

Two fumbles in the second half were costly for the Elba/BB.

"I have confidence in this group and I think we can work on those kinks, coach them up, and get them were they need to be," Cintorino said.

It feels good, Sawyer said, to go into the next week trying to improve the team coming off a win.

"We made some mistakes," Sawyer said. "We have some things to work on. It's nice to get the win, but when I got into the team room, it's going to be like, 'Hey, we've got to shore some things up here.' "

On the game Scharlau carried the ball 26 times for 157 yards and two TDs, plus the 30-yard field goal. Burke was six for 11 for 178 yards and one TD pass. Burke also gave up an interception. He ran the ball four times for 29 yards. Laird caught the ball three times for 44 yards and a TD.  He had six carries for 36 yards. On defense, Patten had two sacks and four tackles. Laird had a sack, four and a half tackles and a forced fumble.

For Elba, Brandon Naylor gained 78 yards on 17 carries. Chapell was 4-13 for 40 yards and one TD. Austin Yockel caught two passes for 25 yards and Dougherty's one catch was the nine-yard TD reception in the first quarter. On defense, Naylor had 16 tackles and one forced fumble. Andy Underhill had 13 tackles and a forced fumble. Austin Hynes Fisher had six tackles, a forced fumble and a fumble recovery. Dougherty had four tackles and an interception.

Other football action:

  • Pembroke beat Charles Finney 41-0. The Dragons gained 300 yards on the ground. Dakota Swimline had 14 carries for 150 yards and three TDs. Cal Neurhor had eight tackles, a forced fumble and two fumble recoveries.
  • Batavia beat Edison Technical 22-0 taking command of the game in the first quarter, scoring 16 points. Nick Canzoneri carried the ball 16 times for 81 yards and two TDs. Brandon Stevenson gained 215 all-purpose yards. Dominick Mogazero and Trevor Rittstersback each had 12 tackles.
  • Notre Dame crushed Holley 52-0. Tim McCulley came up big throwing for 229 yards and four TDs. He was seven for 10 passing. McCulley ran the ball eight times for 92 yards and one TD. Andrew Mullen taking over as lead man out of the backfield gained 151 yards and scored three times. The Irish had a total of 270 yards on the ground. He had one catch for 49 yards. Notre Dame scored 39 first-half points and notched one TD on Mullen runs in the third and fourth quarters. Cam Chamberlain gained 25 yards on eight carries. Josh Johnson had two TD receptions and gained 83 yards. Luca Zambito caught the ball twice for 47 yards and scored once. Chamberlain had eight tackles. Joe Zickl had five and a half.
  • Oakfield-Alabama lost to Attica 45-6. Chris Nanni carried the ball 21 times, gained 72 yards and scored once. Chase Manzella notched 17 tackles. Attica, part of the Genesee Region League, returns with workhorse running back Matt Perry, now a senior, who ran for 228 yards and two TDs on 28 carries.

Football next Friday and Saturday:

  • Finney is at Alexander, Friday, 7 p.m.
  • Notre Dame at Oakfield-Alabama, Friday, 7 p.m.
  • Le Roy at Bishop Kearney, Friday, 7:30 p.m.
  • HF-L at Batavia, Friday, 7:30 p.m. (we'll cover this game)
  • Pembroke at Elba/BB, Saturday, 1:30 p.m.

To purchase prints of photos, click here.

Truck on fire on westbound I-490

By Billie Owens

A truck fire is reported on the westbound I-490 near mile marker 2.8. Le Roy Fire Department is responding. The occupants are out of the vehicle.

UPDATE 3:08 p.m.: The scene is close to a small body of water near that mile marker, which is actually in Bergen's fire district. Le Roy is put back in service and Bergen has command. A witness indicated the fire was in the back of a pickup and that the occupants "were seen running from the scene." A Sheriff's deputy is also responding.

UPDATE 3:18 p.m.: Bergen command reports the truck has a blown transmission and that the fire department is not needed. The assignment is back in service.

Updates on four critically injured people

By Howard B. Owens

In the past few weeks, we've had four people hospitalized with serious injuries. Here's what we know about them today.

  • Jason McNeil: McNeil's health is improving according to a Facebook post by his wife. He may be able to return home soon. McNeil was hit following the Kid Rock concert at Darien Lake Performing Arts Center on July 6. Craig Lawson was recently indicted on a charge of assault, 2nd, and is scheduled to be arraigned on the charge next week.
  • Benjamin L. Falker, 16, was critically injured in an ATV accident Aug. 3. He remains listed in serious condition at ECMC.
  • Ashley M. Stillwell, 19, was a passenger on a motorcycle driven by her boyfriend Derek Sheldon when the bike struck a car at the intersection of Selden and West Bergen roads. Sheldon was killed in the accident. Stillwell was transported with serious injuries by Mercy Flight to Strong Memorial Hospital. As of today, Strong does not have Stillwell listed as a patient and we have no further information.
  • Scott Baker, 51, was critically injured during an apparent fight Sunday night on Harvester Avenue. He remains in a coma, listed in critical condition, at ECMC. Shane M. Bell is accused of hitting Baker and is charged with felony assault.

UPDATE 5:05 p.m.: We were contacted by State Police and told Stillwell remains a patient at Strong, regardless of Strong's patient record which does not list her.

UPDATE: Since the last update, I had another conversation with Trooper Victor Morales, Troop A's PIO. He said Stillwell is doing well. She's listed in good condition at Strong and could be released from the hospital soon. She suffered a broken pelvis, broken back and fractured knee cap. The accident reconstruction is not complete, but investigators believe that speed was not a factor. Stillwell does not remember them speeding prior to the accident, but even if they were, the other driver had clear visability for at least a mile down the road. At this point in time, no citations have been issued.

Grand Jury Report: Alleged assailant at Kid Rock concert now charged with felony

By Howard B. Owens

Craig M. Lawson is indicted on one count of assault in the second degree, a Class D felony. The indictment accuses Lawson of hitting another person with intent to cause serious physical injury. Lawson allegedly hit Jason McNeil following the Kid Rock concert at Darien Lake Performing Arts Center on July 5. McNeil suffered a serious head injury when he fell to the ground and remains hospitalized at ECMC. Lawson, a Canadian who was originally arrested on a misdemeanor charge, is out of jail on $1,000 bail. He is scheduled to be arraigned on the felony charge Sept. 3.

Felipe R. Fernandez is indicted on a count of aggravated unlicensed operation in the first degree.  Fernandez is accused of driving a motor vehicle on May 8 in the Town of Batavia while knowing that his license to operate a motor vehicle was revoked with 10 or more suspensions.

Hector A. Leon-Figueroa is indicted on a count of criminal possession of marijuana in the third degree, a Class E felony. Leon-Figueroa is accused of possessing more than eight ounces of marijauna March 10 on the Thruway in the Town of Bergen.

Jimmy T. Garcia Jr., is indicted on a count of grand larceny in the fourth degree. Garcia is accused of of stealing $3,010 sometime between Aug. 24 and Aug. 29 in the Town of Batavia.

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