byron

Three people were assaulted in two separate incidents overnight in the Byron and Bergen areas, and both attacks may have been perpetrated by the same suspects, and those suspects may have been identified. 

The first attack was reported at 1:42 a.m. in the parking lot of Playmates in Byron. 

The victim was reportedly Elliot P. Arnold, 29. Investigators say he was jumped by two males and was left bleeding and semiconscious. He was transported to Strong with facial cuts and other injuries.

The second incident was reported at 1:52 a.m. at the 7-Eleven in Bergen. 

That incident is believed to have involved the same two suspects.

Attacked were Natalie M. Mazurzak, 18, and Zachary M. Bower, 20, who were punched several times by the suspects.

No information provided on a possible motive or if robbery was involved.

The investigation is ongoing and being handled by Deputy Howard Carlson, Deputy Ryan Young, Sgt. John Baiocco and the State Police.

(Submitted photo and press release.)

On Sept.  20, Byron-Bergen Jr./Sr. High School seventh-grader Madelynn Pimm presented a $1,000 donation to Byron-Bergen Music Boosters, in conjunction with the Byron-Bergen Music Department.

Madelynn had approached several influential business owners and members of the community with her idea to sponsor the growth of music in Byron-Bergen Schools. This summer, during the Genesee County Fair 4-H Auction, Madelynn sold two lambs for $1,000. 

Madelynn credits her commitment to music to her music teachers Robert Lancia and Karen Tischer who have always encouraged her to reach for the high notes. This past spring, Madelynn, along with five other students, had the honor of playing "Taps" at the Challenger Memorial in Arlington National Cemetery. Lancia was present at the presentation and shared a few words of thanks with Madelynn and her parents Norm and Colleen Pimm.

He said that when you hear about a donation of this magnitude from anyone, you are taken aback. However, to receive this gift from such a young member of our community is awe-inspiring.

Tara Van Skiver, president of Byron-Bergen Music Boosters, said, “An act like this exemplifies true character. Madelynn's donation will be put to right back into the hands of our students. We will use the donation to purchase a portable recording unit. The software and sound mixing equipment will allow students to record entire concerts or individual performances.

"Even more exciting, they will be able to mix, edit, and engineer post-production recordings. This practical application of sound editing software and mixing equipment will expose the students to the world of music production and sound engineering.”

The Byron-Bergen Music Boosters’ mission is to support music and arts education in and around our community.

“Our hope is that one student's generosity will serve to preserve and inspire future musicians in our community for years to come,” Van Skiver said.

A pickup truck struck a pole near 6481 North Bergen Road, Byron, and it knocked the pole down. The driver is out of the vehicle and claiming no injuries. Wires are down and the accident is blocking traffic. Byron and South Byron fire departments are responding.

"National Grid will need a crew out here," says a first responder to dispatch.

Traffic will be stopped at the intersection of Route 237 and at Bird Road. National Grid has been notified.

UPDATE 1:01 p.m.: The Byron assignment is back in service.

Press release:

For students, the junior and senior years of high school are filled with many critical decisions about the future. The College and Career Counseling Center at Byron-Bergen Jr./Sr. High School is working hard to make preparing for life-beyond-school easier for students and their families.

This is the second year for the school’s dedicated Center, led by counselor Rob Kaercher. The Center is busy in the fall with a full schedule of visits and special presentations from a wide range of regional and national two- and four-year colleges, trade schools, and military branches.

(A Financial Aid Night is scheduled at 6:30 on Oct. 20 to help families from Byron-Bergen, Elba, and Oakfield-Alabama with the Federal Student Aid (FAFSA) application.It will be held in the Byron-Bergen High School auditorium.)

Jr./Sr. High School Principal Patrick McGee said, "Our goal is to provide a wide variety of opportunities for our students in the areas of college and/or career. I feel we are ahead of the curve in this area as our students now have a daily chance to identify a pathway and gain a much better sense of what their post-secondary plans will be."

Students at the school not only have access to extensive in-person and online resources in the Center; they also get invaluable hands-on, one-to-one guidance from college-and-career expert Kaercher.

“This is a small school, and I can really get to know our kids as individuals,” Kaercher said. “I start as early as possible with them, so they have more options. I can help them find educational and career directions that match up with their interests and values.

"I enjoy working with them and their parents on financial aid, exploring scholarships, and completing their college applications. The commitment our district has to this initiative is extraordinary—kids at B-B can have a similar support experience to what they might find at a private school or with a paid independent college counselor.”

The College and Career Center has greatly expanded its services this year:

• Instant Admissions Week is being offered Nov. 7-10. Participating colleges include Erie Community College, Finger Lakes Community College, Genesee Community College, Monroe Community College, Niagara Community College, The College at Brockport, and SUNY Alfred State. “It is an exciting opportunity for kids to present themselves, have a short interview, and potentially get an on-the-spot decision from that college,” Kaercher said.
• Students will be ready for that interview thanks to another innovation the Center offers: virtual interviews with online avatars. The district’s teachers use an interactive professional development tool called Mursion, which employs practice with avatars to improve teaching technique. The Center has adjusted and expanded the program for students to use to develop better interviewing skills.
• The Naviance Family Connection, which was introduced to seniors last year, is now available to juniors, too. The online program helps students inventory their interests, research careers, search for colleges, create resumes, and submit applications. "Our current focus has been working with upperclassmen,” Kaercher said. “But as the Center continues to become established, more opportunities, including Naviance, will be available to junior high school students."
• The Center has also increased its college and industry visits this year. “We have found these to be very important,” Kaercher said. “Students have the chance to make connections directly with the actual decision makers, the admissions counselors and company human resources directors.”

“This can be a difficult and confusing time if you are trying to navigate it all by yourself,” Kaercher said. “We want to help make the process much easier. We are reaching out to parents and families—we hope they will contact the Jr./Sr. High School office to get more information.”

Somebody is stealing batteries from large trucks, buses, and heavy equipment and the Genesee County Sheriff's Office is looking for the public's help in identifying the culprit.

These are known as Type 31 batteries. They retail for as much as $300 and have resale and recycling value.

Investigators say the series of thefts seem confined to Genesee County, particularly in Elba, Oakfield, Batavia, Byron, Alabama and Alexander.

The Sheriff's Office has received more than a dozen complaints of such thefts, which occur overnight.

Anyone with information that may pertain to the case can call (585) 343-5000.

Matthew Arthur Harder, 19, of Geddes Street, Holley, is charged with fourth degree criminal mischief. Harder was arrested following an investigation into damaged property in the parking lot of Genesee Community College at 9:15 a.m. on Sept. 9. He was arraigned on Sept. 15 in Town of Batavia Court and is to appear there at a later date. He was also issued an Order of Protection to stay away from the victim whose property was damaged. The case was handled by Sheriff's Deputy Ryan DeLong.

Richard Todd Harter, 40, of Townline Road, Byron, is charged with second-degree harassment. On Sept. 15, Harter was arrested on a bench warrant for the charge, out of Holley, and turned over to Holley PD. The case was handled by Sheriff's Deputy Chad Cummings.

A caller to dispatch believes he may have discovered the vehicle involved in a hit-and-run accident shortly after 10:30 Saturday morning on Transit Road in Byron.

Law enforcement units are responding to Spoil Bank Road in Elba, in the mucklands, where the caller found a vehicle well off the roadway with heavy front-end damage. 

There were no serious injuries in the accident, which resulted in one vehicle rolling over multiple times and landing on its side.

For initial report click here.

A rollover accident is reported at 6465 Transit Road in Byron. Occupants are out but "shaken up." Injuries, if any, unknown. The vehicle is on its side. Another vehicle involved left the scene. A first responder on scene says units can come in non-emergency mode.

UPDATE 10:45 a.m.: Law enforcement is on scene. Debris in the intersection will need to be cleaned up.

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."