corfu

Justin Zane Barker, 22, of North Lyon, Batavia, is charged with burglary, 3rd. Barker is accused of burglarizing the Beaver Brothers Restaurant at Darien Lake Theme Park sometime during the morning hours of Sept. 6, 2009. (Barker was also recently part of a trio that allegedly refused to leave a local hotel, leading to a multi-agency manhunt for Derick Barker.)

Lena M. Evans, 23, of 4037 W. Main St. Road, Batavia, is charged with three counts of petit larceny. Evans is accused of shoplifting from Target on April 11, from Kmart on April 19, and from Bed, Bath & Beyond on an unspecified date. The petit larcenies were investigated by deputies Parker, Richardson and VanValkenburg.

Danny D. Williams, 22, of 21 Wood St., Batavia, is charged with criminal contempt, 2nd, coercion, 2nd, criminal mischief, 4th, criminal trespass, 2nd, and three counts of endangering the welfare of a child. Williams is accused of being at a residence on Thorpe Street at 10:58 p.m., Monday, and being loud and disruptive. When his female acquaintance asked him to leave, according to police, Williams allegedly refused. During the incident, Williams allegedly damaged a glass vase and a mobile phone. Williams allegedly grabbed the phone from the woman's hand and threw it against a wall when she threatened to call police. Three young children were in the residence at the time. According to police, a "no offensive conduct" order was in place at the time of the alleged incident. Williams was taken into custody Tuesday and jailed on $750 bail.

Daniel William Tuerk, 25, of Genesee Street, Corfu, is charged with DWI and driving with a BAC of .08 or greater. Tuerk was arrested after reportedly trying to proceed through an accident scene on East Main Street, Corfu, at 12:58 a.m., Saturday.

Earl Bryan Benson, 22, of Chestnut Street, Batavia, is charged with felony DWI and refusal to submit to breath test. Benson was reportedly found asleep in a vehicle at 2 a.m., Sunday, parked at 64 S. Main St., Elba. Sgt. Brian Friday made the arrest after an investigation revealed that Benson allegedly drove drunk to that location. Benson was jailed on $1,000 bail.

name redacted, 18, of 36 Dellinger Ave., Batavia and Jordon E. Terkel, 21, of 76 E. Main St., Corfu, are charged with unlawful dealing with a child, 1st, and endangering the welfare of a child. xxx and Terkel are accused of supplying alcohol to two 15-year-olds and a 16-year-old on May 28.

Jason Warren Spencer, 25 of Church Street, Le Roy, is charged with criminal obstruction of breathing or blood circulation and harassment, 2nd. Spencer is accused of being involved in an unspecified incident alleged to have occurred early Saturday morning.

Eugeno Nunez-Gomez, 22, of Hundredmark Road, Elba, is charged with DWI, drving with a BAC of .08 or greater, failure to keep right, unregistered motor vehicle, improper/switched plates. Nunez-Gomez was stopped at 1:12 a.m., Sunday, in the area of 5800 Transit Road, Elba, by Deputy Frank Bordonaro.

James Daniel Kavanagh, 21, of North Avenue, Le Roy, is charged with assault, 3rd. Kavanagh is accused of being involved in a fight at an address on Main Road, Stafford, in which he injured another person.  

Jason Paul Schaefer, 19, of Martin Road, Clarence Center, is charged with criminal contempt, 2nd. Schaefer is accused at being at the Phish concert June 8 while another person he is barred from being near was also at the concert. Schaefer then allegedly got into a verbal altercation, allegedly violating the order of protection.

Matthew F. Vanbuskirk, 22, of 108 Myrtle St., Le Roy, is charged with DWI, driving with a BAC of .08 or greater and having non-transparent side windows. Vanbuskirk was stopped Saturday by a Le Roy Police patrol.

Lena Marie Evans, 23, of West Main Street, Batavia, is charged with criminal possession of a controlled substance, 7th. Evans was allegedly found in possession of narcotics during a check the welfare complaint at 8:32 p.m., Friday.

Ryan Christopher Riggi, 16, of Transit Road, Elba, is charged with criminal contempt, 1st. Riggi allegedly violated an order of protection after reportedly pushing a caseworker on a home visit. Riggi was jailed on $1,000 bail.

Kevin James Huston, 27, of Brooklyn Avenue, Batavia, is charged with petit larceny. Huston is accused of claiming rewards and discounts from Kmart he was not entitled to obtain.

Evan Charles Burstein, 24, of Sunset Hills Road, Reston, Va., is charged with criminal possession of a controlled substance, 7th, and unlawful possession of marijuana. Burstein was reportedly found by Darien Lake security wandering around the theme park in an intoxicated condition. Upon investigation by Deputy Chad Minuto, he was allegedly found in possession of Clonazepam tablets outside their original container and a quantity of marijuana. Burstein was jailed on $250 bail.

John Mitchell Irish, 29, of Dartmouth Street, Rochester, is charged with felony DWI. Irish was allegedly involved in a car vs. pedestrian accident on Sumner Road, Darien, at 12:26 a.m., June 9. Irish was jailed on $1,500 bail.

Jessica R. Johns, 28, of 120 Jackson St., Batavia, is charged with unauthorized use of a vehicle, 3rd. Johns is accused of taking the car of an acquaintance without permission on June 9. Johns was located on June 10 and the car was returned reportedly undamaged.

Jason Schafer, 23, of Geneseo, is accused of evading cigarette taxes. Schafer was allegedly found in possession of 2,000 untaxed cigarettes.

Fatigue is the apparent cause of an accident in the Village of Corfu overnight when a driver reportedly fell asleep and struck a utility pole in the area of 37 Main St.

Randel J. Seweryniak, of 9635 Colby Road, Corfu, suffered a minor injury in the accident and was transported to UMMC.

Seweryniak was driving a 2001 Dodge pickup truck when the truck struck a National Grid pole at 12:04 a.m.

Two mailboxes were also damaged.

No citations were issued.

The accident was investigated by Sgt. Brian Frieday.

(initial report)

A car has struck a pole at 39 East Main St. in the Village of Corfu. Wires are down and responders are told to use caution on approach.

Corfu Fire Department and Mercy medics are called.

A responder says a pole with transformer is down, completely blocking the roadway. A tow truck is called. Fire police are called. The intersection will be shut down.

UPDATE 12:15 a.m.: National Grid has been advised, no ETA given. The patient is conscious, out of the vehicle and speaking with a medic now.

UPDATE 12:52 a.m.: National Grid is on scene. The male driver has been taken to UMMC.

Patricia Hardesty appeared in Genesee County Court today, disputing her signed statements to police from the night she was accused of shooting her husband in the leg.

Today's proceedings were a Huntley Hearing, a type of hearing which determines the admissibility of statements to police at a trial.

The 52-year-old Hardesty faces three counts of felony assault. State Police allege that on the evening of Aug. 1, 2010, Hardesty walked onto the deck at her County Line Road home in Corfu armed with a .22-caliber rifle, and shot her husband, Robert, in the knee.

Robert Hardesty was seriously injured in the incident. He was transported to ECMC that evening. Patricia was taken to the State Police barracks in Batavia, where Senior Investigator Kenneth Dubrinski questioned her.

Dubrinski testified in court today that Patricia did not seem hesitant to speak with him, and that he took two statements from her. A second was taken, he says, because the first was found to be incorrect or inconsistent after he spoke with officers at the scene via telephone.

Dubrinski told Assistant District Attorney Robert Zickl that he collected Hardesty's statements by "typing them as she talked." Those two statements were entered as evidence in today's hearing.

But Patricia Hardesty says that's not at all how it happened. She says Dubrinski collected "a trash can full" of statements from her, each time printing one out, finding errors or inconsistencies, and tossing it in the garbage. She says she signed as many as five different statements, each one varying slightly from the last in detail.

What's worse, says Hardesty, is that she could not read any of the typed statements being handed to her.

"I was not given Miranda Rights," she said, alleging that the standard rights were not read to her. "(Investigator Dubrinski) said they were at the top of the page there, but I could not read them without my glasses."

She allegedly told Dubrinski as much, so he ordered the glasses brought from the scene. But Hardesty says the glasses delivered were the wrong ones, a 10-year old pair that were too weak for her to use.

"I can't see out of them at all," she said today.

She did, however, sign each statement placed before her, and initialed each printed set of Miranda Rights to confirm that she'd been advised of them.

Hardesty says bits and pieces of her first statement were correct, but altogether it was not correct. She says she told Dubrinski this – and that's when the deluge of statements began.

"He made me so upset, my insides were shaking," she says of Dubrinski. "At the end of it all, I said, 'Just put whatever you want and I'll sign it.' I was tired, I hadn't slept for 24 hours, and I hadn't eaten. There were so many statements, I got confused. I started crying."

Hardesty also accused Dubrinski of improperly recording her statement by trying to make it match other statements from the scene, such as the one from her husband. She says each new draft of the statement included details that more closely matched others' statements – details that she had not necessarily consented to or mentioned.

Hardesty admitted that she'd consumed three or four beers between 3 and 7 p.m. on the evening the incident occurred. She also drank another one after the incident, as she waited for an ambulance to arrive for her husband.

"I was on the deck, and saw that my husband had left a beer there, and I downed it," she said.

Of the original police report, which stated that she and her husband had been fighting all weekend prior to the incident, Hardesty said that was false. She says her husband had not abused her, neither physically nor verbally, and they had not fought.

Judge Robert Noonan did not make a decision in today's hearing. He has taken it under advisement. Defense attorney Mehmet Okay requested a printed transcript of today's proceedings.

The case will resume later this month, 10 days after Okay receives that transcript.

Ronald L. MacGregor, 42, of 66 Lake St., Le Roy, is charged with criminal possession of a forged instrument, 2nd. MacGregor was arrested following an investigation by Le Roy Police into an allegation that MacGregor entered a local pharmacy possessing a forged or altered prescription script and passed it to pharmacy staff. MacGregor was jailed on $3,000 bail.

Martin Fitzgerald Jones, 40, of West Main Street Road, Batavia, is charged with petit larceny. Jones was arrested on a warrant out of city court.

Dwayne William Brown, 25, of North Main Street, Holley, is charged with DWI, driving with a BAC of .08 or greater, speeding (90 mph in a 55 mph zone), passing in a no passing zone, operating out of class. Brown was stopped at 2:53 a.m. Saturday on Route 33, Stafford, by Deputy Frank Bordonaro. Bordonaro allegedly observed Brown riding a motorcycle on Route 33 while going 90 mph.

Joseph Thomas Bortle, 39, of Knowlesville Road, Oakfield, is charged with petit larceny and criminal possession of a controlled substance, 7th. Bortle is accused of trying to shoplift $26.97 in batteries from Kmart. During the investigation, Bortle was allegedly found in possession of a narcotic analgesic pill for which he didn't have a prescription.

Jordan Gerard Merica, 19, of Alleghany Road, Corfu, is charged with unlawful possession of marijuana. Merica was stopped on Route 77, Darien, for alleged traffic violations at 4:40 p.m. Friday by Deputy Patrick Reeves. 

Brian Patrick O'Grady, 46, of Lyman Road, Bergen, is charged with driving while impaired by drugs and alcohol. O'Grady was allegedly involved in a property damage accident on Dublin Road, Bergen, at 11:45 p.m. Sunday. O'Grady allegedly left the scene of the accident and was located at his residence a short time later.

Elizabeth Ann Lindner, 24, of West Main Street Road, Batavia, is charged with forgery, 2nd. Lindner is accused of passing a forged check.

Joseph Francis O'Shei, 36, of Stebbins Road, Franklinville, is charged with DWI, driving with a BAC of .08 or greater, driving while ability impaired by a combination of drugs and alcohol, inadequate lights and driving the wrong direction on a one-way street. O'Shei was stopped at 10:35 p.m. Monday in the area of 4126 Route 5, Batavia, by Deputy James Diehl.

Ronald M. Markek, 31, of Allegany Road, Corfu, is charged with DWI, driving with a BAC of .08 or greater, failure to yield right-of-way to emergency vehicle and improper right turn. Markek was stopped at 1:31 a.m. on Route 77 in Corfu by Deputy Patrick Reeves.

Daniel Roger Sumeriski, 25, of State Street Road, Batavia, is charged with petit larceny, harassment, 2nd, and criminal tampering, 3rd. The charges against Sumeriski stem from an alleged domestic incident on May 18 when Sumeriski allegedly took the victim's cell phone and urinated on the interior of her car. Sumeriski was put in the Genesee County Jail where he is being held on a parole warrant.

Robert David Cummings III, 24, of Akron Road, Corfu, is charged with aggravated unlicensed operation, 3rd, unlawful possession of marijuana and no seatbelt. Cummings was stopped at 1:34 p.m. Thursday on Bloomingdale Road, Basom, for an alleged seat belt violation. Drug paraphernalia and marijuana were allegedly found in his car. He was jailed on $100 bail. The stop was made by Deputy Chris Parker, who was assisted by Deputy Lonnie Nati and Deputy Brian Thompson with K-9 Pharaoh.

Stephen Vance Recco, 20, of Hemlock Ridge Road, Medina, is charged with criminal impersonation, improper use of a mobile phone and unlicensed operation. Recco was stopped at 4:09 p.m. on Route 77, Alabama, by Deputy Chris Parker for allegedly driving while talking on a mobile phone. Recco allegedly gave a false name and date of birth during the traffic stop.

Jason Howard Freeman, 29, of Bush Gardens, Marilla, is accused of promoting prison contraband. Freeman was allegedly found in possession of a lighter and tobacco while housed as an inmate at the Genesee County Jail.

Thomas Jesse Mullen, 45, of Thorncliff Road, Spencerport, is charged with DWI, driving with a BAC of .08 or greater and speeding. Mullen was stopped at 11:57 p.m. Friday on North Byron Road, Elba, by Deputy Jason Saile.

Kate Elizabeth Brozic, 28, of Trimmer Road, Spencerport, was arrested on a bench warrant related to a DWI charge. Brozic was picked up by Spencerport Police and turned over to the Genesee County Sheriff's Office on a warrant out of Stafford Town Court. She was jailed on $500 bail.

Eric J. Bratcher, 22, of North Street, Le Roy, is charged with disorderly conduct. Bratcher is accused of shouting numerous profanities while outside a residence. At the time, there were many other individuals, according to Le Roy police, who were capable of overhearing the vulgar language Bratcher was allegedly using.

Ryan Thomas Covell, 20, of Polish Place, Buffalo, is charged with unlawful possession of marijuana. Covell was allegedly found in possession of a partially smoked marijuana blunt during a traffic stop on Route 63 in Pavilion at 11:35 p.m., Friday, by Deputy Chad Minuto.

Kenyon Hanks Barnes, 26, of Clinton Street, Batavia, and Lisa Marie Horn, 21, of Clinton Street, Batavia, are charged with endangering the welfare of a child and unlawfully dealing with a child. Barnes and Horn are accused of providing alcohol to a 17-year-old girl while at their residence, 5100 Clinton St., Lot #4.

Stephany Marie Demorcy, 21, of East 161 St., Bronx, is charged with petit larceny. Demorcy is accused of shoplifting at Walmart.

Mazariegos Rene Roblero, 26, of McGregor Street, Corfu, is charged with DWI, driving with a BAC of .08 or greater, failure to dim headlights, unlicensed driver and unsafe tire. Roblero was stopped at 2:20 a.m., Saturday, on Main Street, Village of Oakfield, by Deputy Patrick Reeves.

Timothy Wood, 22, of North Spruce Street, Batavia, is charged with harassment, 2nd. Wood is accused of threatening to harm a woman.

Woodrow C. Horseman, 35, no permanent address, is charged with petit larceny. Horseman is accused of shoplifting from the Wilson Farms on East Main Street, Batavia. He was jailed on $2,500 bail.

Dustin R. Benham thought for sure last week he was going to get locked up in a federal penitentiary.

The sentencing recommendation for his role in a meth lab operation in Alabama was 12 to 18 months.

Today, he's under house arrest on a six-month term and then will serve three years probation for unlawful possession of chemicals that could be made into a controlled substance. He also must pay more than $4,000 in restitution.

Benham said a few days after his sentencing that an outpouring of support from friends and family and his own statements to the judge about wanting to move forward with his life seemed to have an impact on the judge's decision.

Getting busted on Nov. 12 at the home of Kenneth Mosholder changed his life and set it in a more positive direction, Benham said.

Shortly after that, he returned to a job he once had at the Pizza Pantry in Corfu, successfully completed a drug treatment program and reconciled with his parents, family and friends.

“I’m happy that I was there," Benham said. "I can’t say I’m 100 percent happy about what happened, but I was ruining my life. If I hadn’t been there, it might not have been until I was 30 or even 50 before I realized I wasn’t going anywhere.”

Now, Benham wants to go from being a "meth cook," as he put it, to a kitchen cook.

According to Pizza Pantry owner Bev Snyder, Benham has a natural talent in the kitchen, and he's matured suddenly.

“I see a difference from when he was here before," Snyder said. "I’m not sure if it’s just that he’s older or what he’s been through, but you could just see he’s more interested in the business and how it runs and cares for how it runs rather than just collecting a paycheck.”

Shortly after his arrest, Benham said he sat down and talked with his father about drugs and said he didn't think he had a drug problem, but a problem with priorities -- making drugs too much of a priority.

His father told him he should re-evaluate that position and look at some of the things he had done in the previous couple of years.

“I realized that if I didn’t have a problem with drugs, then I was a real asshole, and I thought, I’m not that person," Benham said. "I’m not an asshole. It was the drugs.”

As his life moves forward, Benham is hoping people will look past his days of drug involvment. Most importantly, he wants to clear his family's name. He doesn't want the name Benham associated with meth, either for the sake of his parents or if he's ever fortunate enough to have children, for his past to reflect poorly on them.

“I don’t want my kids to have a hard life because their father was me," Benham said.

He then added, “Tell people, everybody has a story. No matter how bad it may seem, it doesn’t mean they’re a bad person. Some people can change.”

Three people indicted in Federal Court today on racketeering charges have Genesee County ties.

All three are said to be associated with the Hells Angels Motorcycle Club in Rochester.

James Henry McAuley Jr. (aka "Mitch"), 62, is charged with assault with a dangerous weapon in aid of racketeering activity.

Indicted as co-conspirators after the fact were Richard E. Riedman (aka "Eric"), 37, and Timothy M. Stone, 31, who were previously arrested in Corfu in June 2009 for allegedly stealing scrap metal.

McAuley, described by Federal authorities as vice president of the Rochester Hells Angels, is married to Donna L. Boon (aka Donna L. McAuley). Boon, 45, was arrested at her Batavia-Oakfield Townline Road residence on July 9, 2010, in connection with an alleged methamphetamine ring headed by Donald G. Vanelli, 48, of 8394 Lake St., Le Roy.

Vanelli, who was said to be president of the Road Agents Motorcycle Club at the time, entered a guilty plea in Federal Court in January to a charge of conspiracy to possess with intent to distribute, and to distribute, 500 grams or more of methamphetamine.

Boon faces federal charges related to conspiracy with intent to distribute narcotics. Her case is still pending.

The case against Riedman and Stone is still pending.

McAuley, Riedman and Stone were indicated along with Robert W. Moran Jr. (aka "Bugsy"), 59, and Gina Tata, 47.

According to the indictment, McAuley, Moran and Tata beat up a patron of an unidentified restaurant on May 31, 2006. Tata allegedly told Moran that the patron threatened the motorcycle club. Moran allegedly struck the head and body of the patron repeatedly with a baseball bat. 

Tata, Riedman and Stone allegedly conspired to help Moran and McAuley avoid apprehension.

A press release from the office of William H. Hochul, U.S. Attorney for Western New York, describes the Hells Angels as a criminal organization whose members function as a continuing unit for the common purpose of facilitating criminal activity, including acts involving narcotics trafficking and murder."

It also says, "Members of the Rochester Hells Angels claim to control certain territory up to Syracuse, and allegedly use violence for a number of illicit purposes, including those who did not show proper respect to the organization."

The indictment alleges that all defendants acted with the specific purpose of maintaining and increasing their positions in the Hells Angels. 

"The country’s federal racketeering statutes were specifically designed to help combat acts of violence committed by members of a criminal organization," Hochul said in a statement. "This office stands ready to utilize these statutes – and aid our local law enforcement partners - whenever circumstances warrant."   

McAuley is currently locked up in the Elkton Federal Corrections Facility in Elkton, Ohio.

He was sentenced in April 2008 to eight years for participating in a conspiracy to commit murder in aid of racketeering. 

McAuley conspired to murder members of the Kingsmen Motorcycle Club in Fulton, N.Y., because the Kingsmen, who were affiliated with the Outlaws Motorcycle Club, were establishing a chapter in the Hells Angels territory.

According to public records, McAuley has lived in Rochester, Spencerport, Brockport and Fairport. There is no record of his having lived in Genesee County.

The outside of the Pembroke Family Medical Center, 860 Main Road, Corfu, was damaged Thursday when an unknown driver hit a pillar of the building.

The driver then fled the scene.

The accident occurred at 11:15 a.m.

The car is described as a darker gray late model Nissan. The driver is believed to be female.

The Sheriff's Office requests that anyone who might have information to help identify the driver to call Deputy Chris Parker at (585) 343-5000 or e-mail cparker@co.genesee.ny.us.