byron

Paul William Tuttle, 45, of Sautell Road, Bergen, is charged with second-degree criminal trespass. At 2:26 this morning (Sept. 2), Tuttle allegedly entered someone's apartment on Byron Holley Road in Byron while being highly intoxicated. Tuttle allegedly urinated in the residence and helped himself to an ice cream cone from the resident's freezer. The resident allegedly located Tuttle enjoying the frozen treat on the couch. Because the Sheriff's Office could not reach a Byron judge, Tuttle was arraigned in the Town of Bergen Court and then released on his own recognizance. The case was handled by Sheriff's Deputy Ryan Young, assisted by Sgt. John Baiocco.

Michael Norbert Jagodzinski, 56, of Fisher Drive, Rochester, is charged with driving with a BAC of more than .08 percent, and DWI -- first offense. Jagodzinski was found at 11:31 p.m. on Aug. 31 parked along Clinton Street Road in the Town of Bergen. He was allegedly found to be intoxicated at the time. He was issued tickets for Oct. 5 in Town of Bergen Court. The case was handled by Sheriff's Sgt. Eric Seppala.

Ann Marie Schlegel, 39, of Porter Road, Medina, is charged with failure to pay a fine for petit larceny. She was arrested by the Medina Police Department on an unrelated matter and then transferred to the Genesee County Sheriff's Office on a bench warrant for failing to pay a fine levied because of a petit larceny incident on May 19 on West Main Street in Batavia. She was arraigned and then jailed on $435 bail. The case was handled by Sheriff's Sgt. John Baiocco.

A 17-year-old resident of Bank Street, Batavia, is charged with petit larceny. The subject was arrested at 5 p.m. on Aug. 31 on East Shelby Road in Oakfield for allegedly stealing an iPad Touch (valued at $150) from a female's residence. The subject was issued an appearance ticket and is due in Town of Oakfield Court on Sept. 16 to answer the charge. The case was handled by Sheriff's Deputy Chad Minuto, assisted by Deputy Lonnie Nati.

Jonathan David Knauss, 22, of Depot Street, Corfu, is charged with sixth-degree conspiracy. He was arrested at 9 a.m. on Aug. 29 at the Genesee County Jail on West Main Street in Batavia for allegedly conspiring with at least one other person to commit a crime at the jail while being housed there. He was due in City Court this morning to answer the charge. The case was handled by Sheriff's Deputy Christopher Parker, assisted by Genesee County Jail personnel.

Emily Elizabeth Dubois, 19, of Batavia Byron Road, Byron, is charged with sixth-degree conspiracy. She was arrested at 11:34 a.m. on Aug. 27 at the Genesee County Jail on West Main Street in Batavia for allegedly conspiring with an inmate to have another inmate commit a crime. She is due in City Court on Sept. 22 to answer the charge. The case was handled by Sheriff's Deputy Christopher Parker, assisted by Genesee County Jail personnel.

A 17-year-old resident of South Main Street, Batavia, is charged with sixth-degree conspiracy. The subject was arrested at 9 a.m. on Aug. 29 at the Genesee County Jail on West Main Street in Batavia for allegedly conspiring with at least one other person to commit a crime at the jail while being housed there. The case was handled by Sheriff's Deputy Christopher Parker, assisted by Genesee County Jail personnel.

In keeping with his plea deal, David O'Connor, 55, was sentenced to 12-and-a-half years in state prision for using .22-caliber rifle to shoot out the window of a deputy's patrol car while the deputy was sitting in it during a traffic stop in Byron.

O'Connor's appearance in County Court was brief. Other than telling Interim Judge Michael Pietruszka, "No thank you, your honor," when asked if he'd like to make a statement, O'Connor said nothing.

If the case had gone to trial, O'Connor could have been looking at a 40-year-to-life sentence, if the jury had convicted him.

"On the other hand, if he had only been convicted of reckless endangerment first (degree), the maximum would have been seven years," said District Attorney Lawrence Friedman.

The plea deal also includes five years post-release supervision.

Outside of court, Friedman said O'Connor had been drinking the day of the shooting and that he made some anti-law enforcement remarks when deputies entered his room on the second floor of the Byron Hotel.

O'Connor reportedly told authorities that he had been aiming at the tires of the patrol vehicle while Deputy Andrew Hale sat in it.

This case is one of a few recently with weapons involved, where local law enforcement has exercised restraint in the face of potential dire consequences. In this case, after Hale's window was shot out, the only thing officers knew at first was that there was a man on the second floor of a building with a rifle. Yet, they managed to take him into custody without more gun fire.

"I'm glad to say that in this county, we've had a number of incidents where the police have shown admirable and appropriate restraint in situations like that," Friedman said. 

Robert James Moulthrop, 48, Mechanic Street, Byron, is charged with: driving with a BAC of .08 percent or higher; DWI; aggravated unlicensed operation, 3rd; and unlawful operation of an ATV on a public highway. At 8:18 p.m. on Aug. 27, the defendant was arrested on Byron Holley Road in Byron for allegedly driving while intoxicated. The arrest came after an investigation into a traffic offenses complaint of a dirt bike racing up and down Route 237 in the Town of Byron. The case was handled by Sheriff's Deputy Ryan DeLong, assisted by Deputy Chad Cummings.

Corey D. Wilson, 20, of Elmwood Avenue, Buffalo, is charged with unlawful possession of marijuana. At 2 a.m. on Aug. 28, Batavia police conducted a traffic stop on Oak Street for a speed violation. A vehicle search was conducted and patrols found two male occupants allegedly in possession of two bags of marijuana. Wilson was issued an appearance ticket and he was also cited for the speed violation. Wilson is due in City Court on Sept. 13. The case was investigated by Batavia PoliceOfficer Arick Perkins, assisted by Officer Mitchell Cowen.

Maliq N. Douglas, 19, of New Jersey Avenue, Brooklyn, is charged with unlawful possession of marijuana. Douglas was arrested at 2 a.m. on Aug. 28 on Oak Street in Batavia following a traffic stop. A vehicle search was conducted and patrols found two male occupants allegedly in possession of two bags of marijuana. Douglas was processed and released with an appearance ticket to City Court on Sept. 13. The case was handled by Batavia Police Officer Mitchell Cowen, assisted by Officer Arick Perkins.

Press release:

The Richter Family Foundation runs a program that gives books to children under age 5 through The Dolly Parton Imagination Library. It has been in operation since 2004 and the Oakfield-Alabama, Elba, Pavilion, and Pembroke school districts participate in the program. Recently, Byron-Bergen was added to the program.

Dolly Parton’s Imagination Library is a set of books beginning with the children’s classic "The Little Engine That Could." Each month a new, carefully selected age-appropriate book will be mailed in your child’s name directly to your home. Best of all it is a FREE GIFT! There is no cost or obligation to your family.

To be eligible in the Byron-Bergen School District, the child must live in the Byron-Bergen School District and must be between the ages of birth and his/her 5th birthday.

A committee representing the Byron-Bergen School District, the Byron and Bergen Communities, and the Byron-Bergen Library is partnering with the Richter Family Foundation to bring the Imagination Library to the children.

If your zip code is 14020, 14021, 14058, 14143 or 14482, the only way to register is to fill out a registration form and mail it to the address indicated on the form. The forms can be found at the Byron Town Hall, the Bergen Town and Village Offices, the Byron-Bergen Library, and the Byron-Bergen Elementary Office.  

If your zip code is 14416, 14422, 14428, 14429 or 14470, you may fill out and send in a registration form or, you may register online at www.imaginationlibrary.com by clicking on the box “register my child” and following the directions.

The Byron-Bergen Imagination Library Committee consists of: Nancy Bailey, librarian, Bergen Public Library; Anna Marie Barclay, Village of Bergen mayor and retired teacher; Donna Gerrard, Byron resident and a mom and grandmother; and Brian Meister, Byron-Bergen Elementary School principal.

They know that you, the parents and your children, will love the Imagination Library and encourage you to sign up your children today. A family can register several children within the household as long as they are under age 5.

A burned out socket in a bathroom is the likely cause of smoke in the residence at 6732 Byron Holley Road, Bryon.

The building, an apartment complex, is being evacuated.

Byron fire and South Byron, along with Town of Batavia's Fast Team dispatched. Elba to fill in at Byron's hall.

A 55-year-old Byron resident can expect to spend 12 and a half years in state prison after entering a guilty plea to attempted murder today in Genesee County Court.

David O'Connor entered his plea on an Alford basis, which means he isn't admitting to the factual claim underlying the attempted murder charge, but that he would likely have been found guilty at trial.

According to District Attorney Lawrence Friedman, O'Connor denies that he was firing his rifle from the second floor of the Byron Hotel at Deputy Andrew Hale, attempting to kill him, on March 7. O'Connor maintains that he was aiming at the tires of the deputy's patrol vehicle.

The shot blew out the back windows of Hale's SUV.

The plea was part of an agreement that will cap O'Connor's prison term to 12 and a half years and avoids a trial.

Sentencing is scheduled for Aug. 30.

O'Connor made no statements in court today.

Previously:

• Single gunshot in Byron highlights the dangers of modern law enforcement
• Upgraded charge for man accused of firing on deputy
• Plea offer pending for man accused of firing at deputy

A man from Irving got lost in a wooded area of the Bergen Swamps yesterday, and if not for the swamps' caretaker becoming concerned for his safety and the trained nose of K-9 "Destro" his off-the-trail hike could have turned out very badly.

The caretaker, Mike Merritt, said he noticed a person park at a trailhead and get out of his car and walk into the swamps about 3 p.m., yesterday. Since he had never seen the man before, and he was alone, he was a little concerned right off the bat about his activity.

When the man hadn't returned after two or three hours, his concern grew, he said.

"It was too hot, too muggy and too buggy to be out there that long," Merritt said.

So Merritt walked the entire trail himself and didn't find him.

At 10 o'clock, Merritt thought, 'well, if he's still out there, now he's trespassing' and 'I can call law enforcement without them coming out here unnecessarily.' "  

Deputy Rachel Diehl and Trooper James Moran arrived on scene and ran the plates of the unattended vehicle. They were able to contact family members, who expressed concern that they hadn't heard from Neil Gates for several hours.

Deputy Chris Erion and "Destro" were called to the scene, along with Byron's ambulance and some volunteer firefighters also responded.

With Merritt, who knows the area well, providing guidance, Erion and Destro commenced a search of the woods.  

It took more than two hours, but Gates was located curled up in some cattails where he had apparently gone to try and get water. 

He was dehydrated and had a minor knee injury, according to Chief Deputy Gordon Dibble.

Merritt said the Gates told officials he was a diabetic. 

He was treated by Byron EMTs at the scene and released.

The incident wrapped up at about 1:30 a.m., Merritt said.

Merritt noted that there are signs warning visitors to the swamps not to leave the trails.

"You can get 20 feet off a trail, get turned around and you think you know which direction to go to find a trail, but you won't find one," Merritt said.

Merritt said the concern and professionalism of those who responded last night was impressive. There was no hesitation by law enforcement to take on the search.

"I couldn't have gone out there without them," Merritt said. "With my cell phone dead, out there alone, I couldn't have helped him. He wouldn't have made it much longer."

Deborah Ruth Walker, 19, of Belmanor Drive, Rochester, is charged with criminal possession of stolen property, false personation, trespass, and unlawful possession of marijuana. She was arrested at 11:22 p.m. on July 23 following a suspicious incident in the Town of Le Roy. She allegedly was in possession of a stolen motor vehicle, gave a false name, was trespassing and had an amount of marijuana in her possession at the time. She was arraigned in Town of Le Roy Court and put in Genesee County Jail in lieu of $10,000 cash or $20,000 bond. She is due in Le Roy Town Court on Aug. 18. The case was handled by Sheriff's Deputy Michael Lute.

Georgeta Marioara Coleman, 18, of Mount Hope Avenue, Rochester, is charged with criminal possession of stolen property, 4th, and trespass. She was arrested at 11:22 p.m. on July 23 following a suspicious incident in the Town of Le Roy. She allegedly was in possession of a stolen motor vehicle and was trespassing at a residence. She was arraigned in Town of Le Roy Court and put in Genesee County Jail in lieu of $10,000 cash or $20,000 bond. She is due in Le Roy Town Court on Aug. 18. The case was  handled by Sheriff's Deputy Michael Lute.

Larry Alvin Hubler, 67, Byron Holley Road, Byron, is charged with driving while intoxicated and operating a motor vehicle with a BAC of .08 or more. Hubler was arrested at 1:38 p.m. July 20 on Main Road in Stafford after allegedly driving his vehicle into a business, namely Dupont TV. He was issued an appearance ticket for Aug. 30 in Town of Stafford Court. The case was handled by Sheriff's Deputy Joseph Loftus, assisted by Deputy John Dehm.

Rachel A. Palmer, 47, of Britt Road, Le Roy, was arrested on July 22 by the Le Roy Police Department and charged with two counts of petit larceny, a Class A misdemeanor, two counts of third-degree identity theft, also Class A misdemeanors, and criminal possession of stolen property in thr fourth degree, a Class E felony. Palmer was arrested following the investigation into the use of a stolen credit card which was used in the Village of Le Roy. Palmer allegedly used the stolen credit card to purchase merchandise at Dunkin Donuts as well as the Yellow Goose in the amount of $16.07. Palmer was arraigned and released under supervision of Genesee Justice. Palmer is to return to the Le Roy Town Court on Aug. 18 to answer to the charges.

Tonya Marie Ficarella, 29, of West Main Street, Batavia, is charged with second-degree harassment. She was arrested on a bench warrant out of the Town of Batavia Court for allegedly failing to appear in court regarding an alleged harassment at midnight on June 27 on West Main Street Road, Batavia. She was released and is set to appear in Batavia Town Court on Aug. 22. The case was handled by Sheriff's Deputy Michael Lute.

A plea offer is on the table for a 55-year-old Byron resident accused of firing a rifle at a Sheriff's deputy who was sitting in his patrol car March 7.

David O'Connor appeared in County Court today for a scheduled Huntley hearing, which is based on a defense motion to dismiss statements O'Connor may have made once he was in custody. But O'Connor's attorney, Thomas Burns, dropped the motion and O'Connor waived the hearing after being told of a plea offer from District Attorney Lawrence Friedman.

The specifics of the plea offer were not discussed in open court.

O'Connor has until Aug. 1 to decide whether to accept the offer.

He is charged with attempted aggravated murder of a police officer. He was initially charged with first-degree reckless endangerment and third-degree criminal mischief.

O'Connor is accused of firing a single round from a .22-caliber rifle from the window of his apartment at the Byron Hotel at Deputy Andrew Hale, blowing out the windows of Hale's patrol vehicle, while Hale was performing a traffic stop in the parking lot of the Byron Arrow Mart.

No one was struck by the projectile and there were no injuries.

Previously: Single gunshot in Byron highlights the dangers of modern law enforcement

Three young men were arrested late last night after Sheriff's deputies investigated a traffic offense complaint in which a person allegedly fired a 20-gauge shotgun in the direction of a vehicle that was following the vehicle that the alleged shooter was riding in. The incident occurred at 11:35 p.m. July 11 at an unspecified location in the Town of Stafford.

Michael T. Leubner, 18, of Linwood Avenue, Pavilion, is accused of firing the shotgun and he is charged with first degree reckless endangerment. He was arraigned in Town of Batavia Court and jailed in lieu of $5,000 bail or $10,000 bond. Leubner is due in Town of Stafford Court at 6 p.m. Thursday, July 14.

Austin J. Yockel, 19, of Byron Holley Road, Byron, is charged with reckless driving, a misdemeanor. Yockel was issued a traffic summons for allegedly driving a motor vehicle which unreasonably endangered users of the public highway while following the vehicle occupied by Leubner and others. Yockel is due in Town of Stafford Court at a later date to answer the charge.

Jason A. Armstrong Jr., 19, of Sweetland Road, Stafford, who was also a passenger in the vehicle Leubner was riding in, was allegedly found in possession of marijuana (a violation). He was issued an appearance ticket for City of Batavia Court at a later date. 

The case was investigated by Sheriff's Deputy Ryan Young, assisted by: Investigator Joseph Graff, Sgt. John Baiocco, Deputy Eric Meyer, Batavia PD and NYS Police.

A fast-moving field fire is reported in the area of Byron Holly Road and North Bergen Road, Byron.

There is reportedly fire equipment and a propane tank in the field.

Byron and South Byron dispatched.

Elba requested to the scene. Clarendon requested to the scene.

UPDATE 12:38 p.m.: The propane tank doesn't appear to be in any danger now.

UPDATE 12:59 p.m.: Stafford's brush truck was requested and just arrived at the scene.

UPDATE 1:02 p.m.: Command reports the "fire is under control and out."

UPDATE 1:15 p.m.: Overhauling underway. Mercy rig called to firefighters' rehab area, 6332 Byron Holley Road. One lane of traffic is closed by law enforcement.

UPDATE 2:54 p.m.: The assignment is back in service; all remaining units returning to quarters.

A car has reportedly hit a utility pole at Warboys Road and South Byron Road, Byron.

Unknown injuries.

Byron and South Byron fire departments along with Mercy EMS dispatched.

UPDATE 4 p.m.: Southbound traffic being shut down.

On June 27, Bartnick turned himself in to the Genesee County Sheriff's Office on a sealed indictment issued by the Genesee County Grand Jury charging him with the crimes.

He allegedly sold a quantity of marijuana to an operative of the Genesee County Drug Task Force on two separate occasions. He was arraigned in County Court and put in jail without bail.

The Genesee County District Attorney's Office and uniform members of the Genesee County Sheriff's Office assisted Task Force members with the investigation.

The Task Force is comprised of police office from the Sheriff's Office, Batavia Police NET officers, and the Le Roy Village Police Department. This arrest came at the conclusion of an investigation into the sale of marijuana in Genesee County.

Joshua Michael Pierce, 21, of Meadowbrook Terrace, Corfu, is charged with reckless endangerment and criminal obstruction of breathing/blood circulation. Pierce was arrested on June 18 following the investigation into a domestic incident at 3 a.m. on June 14 on Route 5 in the Town of Pembroke. He was arraigned in Town of Pembroke Court and jailed in lieu of $10,000 cash bail and is due in Pembroke Town Court on June 30. The case was handled by Sheriff's Deputy Kevin McCarthy, assisted by Deputy Kyle Krzemien.

Joshua Michael Pierce, 21, of Meadowbrook Terrace, Corfu, is charged with criminal obstruction of breathing and criminal mischief in the fourth degree. He was arrested on June 18 following the investigation into a domestic incident that happened on Route 20 in the Village of Alexander at 1:05 p.m. on June 11. He was arraigned in Alexander Town Court and jailed in lieu of $10,000 bail and is due in Alexander Court on July 12. The case was handled by Sheriff's Deputy Ryan DeLong, assisted by Deputy Jason Saile.

Rodney John Prichard, 28, of North Main Street, Delevan, is charged with unlawful possession of marijuana, operating a motor vehicle while registration suspended, and having an open container of alcohol. At 3:08 p.m. on June 19, Prichard was stopped on Alleghany Road in the Town of Darien for allegedly driving with a suspended registration. He was also allegedly found to possess an open container of alcohol inside the vehicle. He was released on appearance tickets and is due in Darien Town Court on July 12. The case was handled by Sheriff's Deputy Kyle Krzemien, assisted by Deputy Lonnie Nati.

Brittney Lynn Caldwell, 26, of North Main Street, Delevan, is charged with unlawful possession of marijuana and having an open container of alcohol in a vehicle. At 3:28 p.m. on June 19, following a traffic stop on Alleghany Road in the Town of Darien, Caldwell was allegedly found to possess marijuana and have an open container of alcohol inside a vehicle. She was released on appearance tickets for Town of Darien Court on July 12. The case was handled by Sheriff's Deputy Kyle Krzemien, assisted by Deputy Lonnie Nati.

Rondell Jermaine Watson Sr., 34, of Raeburn Avenue, Rochester, is charged with petit larceny, conspiracy and disorderly conduct. On June 18, Watson was turned over to Genesee County Sheriff's deputies by the Rochester PD on a bench warrant out of the Town of Batavia Court. He was put in jail and is due in Town of Batavia Court on June 27. The case was handled by Sheriff's Deputy Rachel Diehl.

A 16-year-old who lives on Clinton Street Road, Batavia, is charged with unlawful possession of marijuana. At 2:45 p.m. on June 15, the youth was allegedly found to be in possession of a quantity of marijuana on the school grounds of Byron-Bergen Jr./Sr. high school. The youth was issued an appearance ticket for Bergen Town Court. The case was handled by Sheriff's Deputy Matthew Butler.

From left: Counselor Mrs. Feeney, seniors Nick Dubois and Aaron Holley, Dr. Moscicki, and Principal McGee at a new marker and flower bed leading into the Tamra Troke Memorial Trail.

Submitted photo and press release:

Byron-Bergen Central School seniors, Nick Dubois and Aaron Holley, rebuilt wellness trails on the Byron-Bergen school grounds as part of their work-based learning hours associated with the Career Development and Occupational Studies (CDOS) Commencement Credential.

Nick and Aaron completed an 11-day work experience on the Tamra Troke Memorial Trail. They cleaned out all the fitness stations, cut and lined all of the hiking trails, made benches and a new flower bed, and constructed a campfire area.

Vocational Coordinator Roxanne Noeth, CSE Chairperson Dr. Donna Moscicki, Jr./Sr. High School Principal Patrick McGee, and School Counselor Andrea Feeney were all thrilled with the hard work and effort the two students put into this project. It was wonderful to see them take such pride in their work.

The Career Development and Occupational Studies Commencement Credential is part of the four Regents exams and one project-based program to graduation.

The project-based program requires: students complete a career plan; demonstrate attainment of commencement level learning standards in the areas of career exploration and development, integrated learning, and universal foundation skills; satisfactorily complete two units of study (216 hours) in Career and Technical Education coursework and work-based learning; and have one completed employability profile or have met the criteria for the national work readiness credential.