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Darien

Rollover accident reported on Route 77, Darien

By Billie Owens

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A rollover accident with entrapment is reported at 10391 Alleghany Road (Route 77). Darien Fire Department and Mercy medics are responding. A Sheriff's deputy is on location. Mercy Flight in on ground standby.

UPDATE 3:31 p.m.: The male driver had a medical issue, and the van he was driving left the roadway and went into a culvert and hit a berm and it landed on its wheels on the other side of the culvert. The driver suffered minor facial injuries due to air-bag deployment and he was taken by ambulance to a hospital. The van does not appear to be seriously damaged.

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Investment trust announces purchase of Darien Lake Theme Park, retaining current management

By Howard B. Owens

Press release:

EPR Properties, a specialty real estate investment trust (REIT), today announced the purchase of Darien Lake under an agreement that also retains Premier Parks, LLC, as the park’s operator and awards a 40-year operating lease for the New York park along with 11 other theme and water parks.

“Darien Lake has an even brighter future under this new agreement with EPR Properties as it gives Premier Parks new resources to grow and improve our theme and water parks,” said Premier Parks CEO/President Kieran Burke. “The new 40-year operating leases awarded in conjunction with this purchase give our parks much greater stability and investment in the years to come.  Our parkgoers won’t see any changes in the day-to-day operations of the park. It is business as usual as we enter an exciting 2017 season!”

The operating lease agreements impact 12 of the water and theme parks currently managed by Premier Parks including Frontier City and White Water Bay in Oklahoma City, OK; Darien Lake near Buffalo, NY; Wet ‘n’ Wild parks in Kapolei, HI, Palm Springs, Phoenix, AZ and Houston, TX; Rapids in West Palm Beach, FL; Wild Waves in Seattle, WA; Magic Springs in Hot Springs, AR; Waterworld California in Concord, CA; and Myrtle Waves in Myrtle Beach, SC. 

EPR Properties (NYSE:EPR) is a New York Stock Exchange publicly traded REIT with substantial resources, over $5 billion in investments, and a proven track record in the entertainment industry with assets in golf entertainment venues, megaplex theatres and ski resorts.   

“Premier Parks has been successfully operating most of these theme and water parks for many years,” continued Burke.  “In anticipation of the EPR purchase, we were able to bring four new parks under the Premier Parks management umbrella last fall including the theme and/or water parks in Seattle, Concord, Myrtle Beach, and Hot Springs. We are confident the new ownership will have a positive impact on each of our parks’ customers, staff and community.”  

Other parks not involved with this sale but also managed and owned by Premier Parks, LLC include:  Wet ‘n’ Wild Toronto, Canada; Clementon Park & Splash World, Clementon, NJ; Nashville Shores, Nashville, TN; and Ocean Breeze in Virginia Beach, VA.  Premier Parks also manages Elitch Gardens in Denver, CO for Revesco Properties. In total, Premier Parks manages or owns 16 U.S. parks and one park in Canada.

Tractor-trailer rollover accident reported in Darien

By Billie Owens

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A tractor-trailer rollover accident is reported at 2061 Broadway Road, Darien. The big rig also struck an unoccupied parked car.

"We'll need the rescue, then an ambulance. The patient's going to be able to get himself out; he's just looking for some paperwork right now," says a first responder at the scene.

Darien Fire Department and Mercy medics are responding.

The location is between Attica and Smithley roads. "Unknown if fluids are leaking," says the dispatcher. 

Law enforcement is on scene. "A pole is hit, but it doesn't appear to be damaged," says a first responder. National Grid will be called.

UPDATE 5:27 a.m.: A heavy wrecker will be called for the trailer, which is on its side against a utility pole, and another tow for the front cab.

UPDATE 6:01 a.m.: The trucker claims he swerved to avoid a moose. The tractor-trailer then slid along a guard rail and landed in the front yard of a residence, crushing the front end of a parked Jeep. A woman who was sitting in her living room at the time said it sounded like a truck dragging a car down the road, then went boom. The big rig wound up only a few feet away from where she was sitting. It was carrying a light load -- shoes.

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Darien Lake season tickets holders will have option for concert tickets this season

By Howard B. Owens

Press release:

Darien Lake, Western New York’s largest theme park, is expanding benefits for season pass holders by increasing its free concert offerings through its partnership with Live Nation.

Season pass holders will have exclusive eligibility for a limited number of free lawn tickets to three Live Nation concerts during the 2017 season, including Third Eye Blind on June 29, OneRepublic on July 25 and Goo Goo Dolls on August 12.

“We are always looking for ways to reward our most loyal guests and increase the experience value,” said General Manager Chris Thorpe.  “What better way to do that than to increase our free concert offerings for season pass holders?”

Season pass holders will present their processed season pass at Darien Lake’s Live Nation Portal located in the park next to the Grizzly Run attraction only on the day of the concert to receive their free lawn ticket. This benefit is first-come, first-served, and only a limited number of tickets will be given out. As these concerts are Live Nation events, all Live Nation restrictions apply.

Paying for itself in just two visits, a Darien Lake 2017 season pass remains the best value available to park guests. In addition to unlimited admission all season long, season pass holders will enjoy a free souvenir mug, free tickets for friends, free parking, free concerts and other benefits if they purchase and process their pass by May 29.

For more information on season passes, concerts or accommodations, visit www.DarienLake.com.

Two barns destroyed in fires on Saturday

By Howard B. Owens

Two barns were destroyed in fires on Saturday.

The first was reported about 2:45 p.m. at 7014 Townline Road, Bryon. Responding were Byron, South Byron, Elba, Bergen and Emergency Services. The fire is believed to have started when the owner was burning a small debris pile near the barn causing extension to the barn. The barn was a total loss. (Note: We didn't have prior coverage because I was in Buffalo covering basketball and Billie was at our house without any electrical power at that time.)

The second fire was reported about 10:30 p.m. at 9829 Simonds Road, Darien. Darien Fire, Town of Batavia, Alexander, East Pembroke, Corfu and Pembroke along with the City's Fast Team and Mercy EMS were dispatched. The barn was already fully involved by the time the first firefighters arrived, so the city's response was canceled and Mercy EMS soon went back in service. Tim Yaeger, emergency management coordinator, said the cause of the fire has yet to be determined. For photos and additional coverage, click here.

Fully involved barn fire reported in Darien

By Billie Owens

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A fully involved barn fire is reported at 9829 Simonds Road, Darien. All available manpower from Darien Fire Department is called to the scene, along with Mercy medics and mutual aid from the city's Fast Team, Town of Batavia, Alexander, East Pembroke, Corfu, and Pembroke. A first responder en route says flames can be seen a mile away. Crittenden Fire Department is called to fill in at Darien's fire hall. The location is between Richley and Bennett roads.

UPDATE 10:29 p.m.: Mercy medics are back in service.

UPDATE 10:42 p.m.: The barn is on the ground, totally destroyed.

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UPDATE: Below, reader-submitted photos, first of the fire and then of one of the tanker refill locations.

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UPDATE: More reader submitted photos.

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Darien Lake looking to fill 1,800 seasonal jobs

By Howard B. Owens

Press release:

The region’s largest seasonal employer is looking to fill 1,800 open positions across its multiple departments, including amusement park, water park, lodging, entertainment, retail and food service.

Darien Lake has already begun accepting applications for the upcoming season with some positions starting as early as April. The park will open for the 2017 season on May 6 with full, daily operations beginning June 15.

Darien Lake will be hosting an open job fair at the Park’s Lodge on the Lake Hotel on Saturday, March 18, from 10 a.m. to 2 p.m. For more information about the job fair and the types of positions available, visit www.darienlake.com/jobs.  

Interviews for the following positions will be held during the job fair: food service, park services, games, admissions, ride operations, lifeguards, rentals, warehouse, retail, hotel/campground, attractions, and security officers. Representatives from the Darien Lake Amphitheater, run by Live Nation, will also be at the fair to discuss seasonal opportunities.

“We’re seeking friendly, ambitious applicants of all backgrounds who are interested in helping us create memorable experiences for our guests,” said Darien Lake General Manager Chris Thorpe. “While we look forward to meeting our new team members, we are also thrilled to welcome back more than 800 rehires every year, filling a total of more than 2,000 positions.”

Special Perks and Benefits

·       Free Admission to the Park – An employee ID is equal to a 2017 Darien Lake season pass. Come as often as you like, free of charge!

·       Free Park Tickets for Friends & Family -- Where else can you work and earn free tickets to Darien Lake? Share the fun with your friends and family all season long.

·       Opportunities to Advance -- Our team members are on a fast track to success. With so many great opportunities, both new and returning employees can take on new challenges and develop their leadership skills.

·       Great Resume Building Experience -- Darien Lake offers great experience for future business leaders. Understand your labor force, how to manage inventory and interact with guests, all under the sun and in a place that’s all about fun.

Interested applicants can apply online at www.DarienLake.com/jobs or call the Darien Lake Job Line at 585-599-5108

Felony charges filed against driver involved in serious injury accident following Heart concert

By Howard B. Owens
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   Eric Brumstead

A 55-year-old Leicester man involved in a serious-injury motorcycle accident after the Heart concert at Darien Lake on July 27 has been charged with three felonies following the completion of an investigation into the incident by the Sheriff's Office.

Eric R. Brumstead, of South Main Street, Leicester, is charged with two counts aggravated vehicular assault and aggravated unlicensed operation, 1st.

Brumstead was allegedly driving his Harley-Davidson with a BAC greater than .18 percent and had a prior DWI conviction within 10 years.

According to the Sheriff's Office, Brumstead failed to stop for deputies who were directing traffic and then continued eastbound on Sumner Road at a high rate of speed. He failed to negotiate a curve in the roadway near Walker Road.

Both Brumstead and a passenger were ejected from the bike and both were flown by Mercy Flight to Strong Memorial Hospital in Rochester.

Upon his arrest, Brumstead was jailed pending arraignment in County Court.

The accident was investigated by Deputy Ryan DeLong and the Livingston County Sheriff's Office.

Law and Order: Confrontation in Walmart parking lot leads to man's arrest

By Howard B. Owens

Nicholas Anthony Esposito, 31, of North Street Road, Le Roy, is charged with criminal mischief, 3rd, menacing and harassment, 2nd. Esposito was reportedly involved in an incident at 2:55 p.m. Friday in the parking lot of Walmart where he allegedly damaged the property of another person, struck the owner of that vehicle with a closed fist and placed a woman in the vehicle in fear of physical injury.

Tomy Lee Velasquez, 24, of Fisher Road, Warsaw, is charged with obstructing governmental administration, 2nd, false personation, aggravated unlicensed operation, 2nd, and rental vehicle without an ignition interlock device, and loud muffler. Velasquez was stopped Feb. 20 for an alleged traffic violation by Le Roy PD.

Cassy Drury, 23, of Myrtle Street, Le Roy, is charged with two counts of rape, 3rd. Drury, being a person over 21, allegedly had sexual intercourse with a person under 17 years old between Jan. 16 and Feb. 20. She was released under supervision of Genesee Justice.

Douglas Edward Artman, 26, of Alleghany Road, Darien, is charged with unlawful possession of marijuana and speeding. Artman was stopped at 7:44 p.m. Thursday on Route 77, Darien, by Deputy Eric Meyer. He was allegedly found in possession of a marijuana smoking pipe containing marijuana.

Law and Order: Inmate accused of assault

By Howard B. Owens

Davon Shaquille St. John, 18, of Oak Street, Batavia, is charged with assault, 2nd. St. John is accused of assaulting somebody while confined at the Genesee County Jail at 8:49 p.m., Monday. He was jailed on $10,000 bail.

Wayne L. Pierce, 75, of Alexander, is charged with forcible touching. Pierce is accused of inappropriately grabbing a female employee at the Ben Go's gas station in Attica.

Bishop Williams, 23, of Genesee Street, Le Roy, is charged with criminal sale of a controlled substance, 4th, and criminal possession of a controlled substance, 4th. Williams is accused of selling Suboxone in May while in the Village of Wyoming. He was arrested by Wyoming County Drug Task Force following an investigation. He was jailed on $15,000 bail.

Odanis Betances, 21, of Morris Avenue, Bronx, is charged with petit larceny. Betances is accused of stealing $125.99 in merchandise from Kmart.

Brian James Lipinski, 33, of Richley Road, Darien, is charged with criminal possession of a forged instrument. Lipinski allegedly used a counterfeit bill to pay for food delivered to his residence.

Jarvis Davon Seymore, 33, of Michigan Street, Rochester, is charged with unlawful possession of marijuana, unlicensed driving, aggravated unlicensed driving, and speeding. Seymore was stopped at 1:51 p.m., Monday, on Clinton Street Road, Stafford, by Deputy Chad Cummings.

To celebrate 25th season of concerts at Darien Lake, ticket buyers this year will also get free access to theme park

By Howard B. Owens

Press release:

In celebration of Darien Lake Amphitheater’s 25th concert season, Live Nation, the amphitheater operator is partnering with Darien Lake Theme Park to offer an amazing deal to concert ticket buyers for this season. Each ticket purchased for a concert at the amphitheater will include complementary same-day admission into Darien Lake Theme Park. The offer will be valid for all tickets purchased for any concert at the amphitheater that occurs during the theme park’s operating schedule.

The 25th season lineup at Darien Lake Amphitheater is already shaping up to be one for fans of all types of music, including appearances by Luke Bryan, Green Day, Chicago & The Doobie Brothers, Train and many more to be announced in the coming months.

“This historic offer is a great way to honor the long history of the amphitheater, as well as its unique proximity to the theme park. This promotion is a great savings to the concert fan and thrill seeker alike – it truly is the deal of the summer,” said Jim Koplik, Live Nation president of Upstate New York and Connecticut.

In previous years, concertgoers wanting to enjoy a day at the Theme Park would have needed to purchase a combo ticket in advance or at the gate for a cost that has ranged from $9.99 to $19.99 plus fees.

“In celebration of our 25th season of concerts at Darien Lake, we’ve partnered with Live Nation to add some extraordinary value to the experience. Where else can you ride coasters all day and rock out all night with the greatest stars in the music industry?” said Chris Thorpe, general manager of Darien Lake Theme Park.

Darien fire holds annual awards and installation dinner

By Howard B. Owens

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Ray Felski, left, with Chief Jeff Fluker and former Chief China Marino, was named Firefighter of the Year for the Darien Volunteer Fire Department at the department's annual awards and installation dinner at the fire hall.

Officers installed:

  • Fire company line officers: Jeff Luker, chief; David McGreevy, 1st assistant chief; Mark Starczewski, 2nd assistant fire chief; Kenneth Fisher, 3rd assistant fire chief; William Brunea, fire police captain.
  • Fire company board of directors: Ronald Meides, president; China Marino, vice president; Michelle Krzanowicz, secretary; Ryamond Felski, treasurer; Dennis Bialkowski, Willaim Brunea, and Paul Redden, directors at large.

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China Marino, right, was honored for his dedicated service to the fire company with a custom engraved rifle. Presenting the award is Ron Meides.

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The Service Person of the Year award went to Pat Bialkowski.

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A fire apparatus company donated a check to the fire company in the name of past chief Dale Breitwieser, who died this past year.

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Gary Graber has been a member of the department for 45 years.

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Officers sworn in.

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The annual memorial this year honored Dale Breitwiser, Barbara Garigen and all who have served throughout the nation and have passed.

Law and Order: Bank Street resident accused of animal cruelty, robbery and resisting arrest

By Howard B. Owens

Shawn M. Twardowski, 34, of Bank Street, Batavia, is charged with: animal cruelty; second-degree harassment; third-degree robbery; fourth-degree criminal mischief; obstruction of governmental administration; and resisting arrest. Twardowski was reportedly involved in an incident at his residence on Bank Street at 12:15 a.m., Thursday. He allegedly strangled and punched a beagle, subjected a female at the location to physical contact, stealing and attempting to disable her mobile phone and then, upon police arrival, barricaded himself in a bedroom. When police gained access, he allegedly struggled with officers. He was jailed on $50,000 bail.

Salvatore M. Schwable, 19, of Webber Avenue, Oakfield, was arrested on a warrant. Schwable allegedly violated the terms of his release-under-supervision contract. He was jailed on $2,500 bail.

Ronald J. Murray Jr., 22, of Wood Street, Batavia, is charged with harassment, 2nd. Murray allegedly pushed another person during an argument, reported at 8:30 p.m., Thursday.

Alan P. Ellis, 36, of Lewis Avenue, Batavia, is charged with harassment, 2nd, criminal obstruction of breathing, endangering the welfare of a child and cruelty to animals. During an argument reported at 5:15 a.m., Sunday, Ellis grabbed victims by their throats, with one being under age 17, and he allegedly threw and kicked a dog, causing it to limp.  

Charles J. Rodriguez Sr., 40, of North Spruce Street, Batavia, is charged with petit larceny. Rodriguez was arrested on a warrant out of Batavia City Court at Buffalo City Court when he appeared there on an unrelated matter. He was jailed on $1,000 bail or $2,000 bond.

Michael J. Antonucci, 34, of Alexander Road, Attica, is charged criminal contempt, 2nd. Antonucci was arrested on a warrant for allegedly violating an order of protection.

Jeanna M. Hattaway, 29, of West Main Street Road, Batavia, is charged with petit larceny. Hattaway allegedly stole two pairs of sunglasses from the 7-Eleven at 505 E. Main St., Batavia.

Diane M. Fiorentino, 67, of Grandview Terrace, Batavia, is charged with harassment, 2nd. Fiorentino was arrested Nov. 13 following the report of an incident at 5:30 p.m. that day at her residence. No further details released.

Nikayla C. Jackson, 19, no permanent address, Batavia, was arrested on a warrant for alleged failure to appear on a disorderly conduct charge.

Willie A. Saab, 42, of West Main Street, Batavia, is charged with two counts of first-degree criminal contempt and two counts of aggravated family offense. Saab allegedly violated a pair of stay-away orders. He was jailed without bail.

Grayson Jordan Albert Finnin, 20, of Seven Springs Road, Batavia, is charged with harassment, 2nd, obstructing emergency medical services, and unlawful possession of alcohol by a person under age 21. Finnin was allegedly involved at a disturbance at a local hotel at 12:12 a.m., Tuesday. He was transported to UMMC and allegedly became combative with medical staff and police officers.

Gerardo Carrera-Sanchez, 31, Oak Orchard Road, Elba, is charged with DWI, driving with a BAC of .08 or greater, consumption of alcohol in a motor vehicle, unlicensed operator and moving from lane unsafely. Carrera-Sanchez was arrested by Deputy Howard Wilson following the investigation into a motor-vehicle accident reported at 7:30 a.m. Jan. 22 on Shelt Road, Byron.

Timothy Michael Weinstein, 44, of Alleghany Road, Darien, is charged with criminal contempt, 2nd, and unlawful possession of marijuana. Weinstein allegedly violated the terms of an order of protection.

Yahaira Ann Marie Brown Diaz, 18, of Old Telephone Road, Bethany, is charged with unlawful possession of marijuana. Diaz was allegedly found in possession of marijuana while at a location on West Main Street Road, Batavia, at 7:04 p.m., Sunday.

Law and Order: Driver reportedly found sleeping in car on Route 20, Darien

By Howard B. Owens

Nicholas Benjamin Wall, 26, of Dodgeson Road, Alexander, is charged with DWI, driving with a BAC of .18 or greater and being stopped/standing or parked on a highway. At 12:09 a.m., Deputy Ryan Young and Deputy Jeremy McClellan were dispatched to 1954 Broadway, Darien, for a report of a driver slumped over the steering wheel. Deputies report finding the defendant sleeping in the vehicle with the vehicle in reverse. 

Tony Robert Hoag, 49, of Shacktown Mountain Road, New Berlin, is charged with unlawful possession of untaxed cigarettes, criminal tax fraud and obstructed plate. Hoag was allegedly found in possession of 14,400 untaxed cigarettes during a traffic stop for alleged violations at 11:25 a.m. Friday by Deputy Travis DeMuth.

Law and Order: Suspect accused of wielding shovel to damage cars, threaten person

By Howard B. Owens

Catherine E. Peet, 58, of Elmwood Avenue, Rochester, is charged with criminal mischief, 4th, criminal possession of a weapon, and menacing, 2nd. Peet allegedly damaged two vehicles with a shovel and threatened a person with that shovel during an incident reported at 9:35 a.m., Jan. 30, 2016 at a residence on Colorado Avenue, Batavia.

Timothy M. Scanlan, 25, of Genesee Street, Le Roy, is charged with criminal possession of marijuana, 3rd, and two counts of criminal possession of a controlled substance, 7th.  Scanlan was arrested following the execution of a search warrant by the Local Drug Task Force. Scanlan was allegedly found in possession of Suboxone and Lortab pills along with a large quantity of marijuana and an amount of cash.

Jessica L. Connoly, 38, of Brooklyn Avenue, Batavia, is charged with unlawful possession of marijuana and uninspected motor vehicle. Connoly was stopped 7:52 a.m. Friday on East Main Street by Officer Frank Klimjack.

Scott T. Lasker, 42, of Harper Road, Darien, is charged with criminal contempt, 2nd. Lasker was allegedly found in violation of a stay-away order during a traffic stop at 3:51 p.m. Sunday on West Main Street, Batavia.

Benito Hernandez-Vega, 36, of East Main Street Road, Le Roy, is charged driving under influence of drugs and alcohol, possession of a hypodermic instrument, aggravated unauthorized operation, 3rd, unlicensed operation and moving from lane unsafely. Hernandez-Vega was stopped 9:50 p.m. Jan. 13 on East Main Street, Batavia, by Officer Nicole Salamone.

Adam Arsenault, 31, of Hutchins Street, Batavia, is charged with obstructing governmental administration. No further details provided except that the arrest stemmed from an incident reported at 3:30 a.m. Saturday.

Katrina L. Thigpen, 34, of Thorpe Street, Batavia, is charged with harassment, 3rd, menacing, 3rd, and endangering the welfare of a child. Thigpen allegedly poured lighter fluid on a victim and his vehicle during a domestic dispute reported at 9:53 a.m. Monday on Thorpe Street.

Shah L. Zajic, 40, of Eleanor Place, Batavia, is charged with DWI, driving with a BAC of .18 or greater, driving without headlights and refusal to take a breath test. Zajic was arrested stemming from a traffic stop at 2:17 a.m. on Jan. 14 on Ross Street, Batavia, by Officer Matthew Wojtaszczyk.

Candace M. Sanchez, 51, of Ellicott Street, Batavia, is charged with criminal use of drug paraphernalia, 2nd, and criminal possession of a hypodermic instrument. Sanchez was allegedly found in possession of the items by NYS Parole.

Gregory Wayne Houseknecht, 25, of College View Drive, is charged with petit larceny. Houseknecht allegedly stole merchandise from Walmart at 2:58 p.m. on Jan. 19.

Craig Shareef McKenzie Jr., 19, of Batavia Stafford Townline Road, Batavia, was arrested on a warrant stemming from a petit larceny charge.

Mirnes Kozarac, 35, of Lansing Street, Utica, is charged with unlawful possession of untaxed cigarettes. Kozarac was allegedly found in possession of 2,200 untaxed cigarettes during a traffic stop by Deputy Travis DeMuth at 10:16 a.m. Sunday on Route 77, Pembroke. Also charged was Salim Selimovic, 60, of Mulberry Street, Utica, who was allegedly found in possession of 5,800 untaxed cigarettes.

Randy Robert Reiner, 22, of Washington Street, Akron, is charged with unlawful possession of marijuana. Reiner was arrested after Deputy Richard Schildwaster stopped at 10:26 p.m. Jan. 16 on Main Road, Pembroke, to check on a disabled vehicle. Reiner was allegedly found in possession of 16 marijuana smoking devices that contained marijuana residue.

Law and Order: Highland Avenue resident accused of drug possession

By Howard B. Owens

Julia L. Tombari, 22, of Highland Avenue, Batavia, is charged with criminal possession of a controlled substance and criminal use of drug paraphernalia. Tombari was allegedly found in possession of a controlled substance not prescribed to her along with packaging and other drug paraphernalia by Officer Arick Perkins at 2:45 p.m., Friday, at a residence on Highland Avenue. 

Melissa R. Piazza, 27, of Jackson Square, Batavia, is charged with criminal possession of stolen property, 4th. Piazza is accused of using a stolen credit card to make purchases at the Kwik Fill, 99 Jackson St., Batavia. She was released under supervision of Genesee Justice.

Kevin E. Dolison, 21, of Meadow Drive, Geneseo, is charged with harassment, 2nd. Dolison was arrested on a warrant stemming for an alleged incident reported at 7:04 p.m., Nov. 30, at a residence on South Main Street, Batavia, where Dolison allegedly struck another person. Dolison posted bail and was released.

Carolyn L. Magoffin, 33, of Colby Road, Darien, was arrested on a warrant for alleged failure to appear for a scheduled court date. Magoffin posted $500 bail and was released.

Falicia N. Tuczai, 26, of Prospect Avenue, Batavia, is charged with trespass. Tuczai allegedly entered property at 7:16 p.m., Thursday, on South Main Street, Batavia, after being previously told by police not to enter the property.

Town of Darien's proposal to create water district about to move from 'back burner'

By Mike Pettinella

Darien Town Supervisor David Hagelberger said a proposal to create a new water district in the municipality will be a hot topic once again as soon as work on an accurate map of the area in question is finished.

"I'm sure the water (district) will heat up in terms of news when we get the map completed," Hagelberger said Wednesday afternoon. "We have been busy detailing the map as far as which properties will be in it and identifying the property boundaries."

Town residents initially heard about the proposed $24.8 million project to supply public water to two-thirds of the population in late September and, following a couple of public presentations by engineer Steve Mountain, were asked to fill out survey cards indicating their preference.

Hagelberger said that 869 cards were mailed to property owners in the proposed Water District No. 6.

Through Dec. 3, the survey results are as follows:

-- 195 in favor, or 22.4 percent;
-- 309 against, or 35.6 percent;
-- 5 undecided, or .6 percent;
-- 360 yet to be returned, or 41.4 percent.

"As you can see, the biggest group are the non-responders," Hagelberger said. "We're hoping to get more cards back since we really don't know what they are thinking yet."

He said that town and Genesee County officials hope to have the map done by the end of the month and, if that is the case, the issue could come up at the Town Board's next meeting on Feb. 1.

Estimates show that the project would cost property owners, at the outset, about $1,275 annually in debt service and water usage costs.

Back in September, Hagelberger said that this opportunity to provide public water to the 2,095 town residents who have well water was a "go or no go" situation.

The project also comes with grant funding from USDA Rural Development in the amount of $6.8 million -- funds that lower the cost to an affordable level, the supervisor added.

Sentencing delayed for Canisteo man accused of sex act with teenager

By Howard B. Owens

Sentencing was delayed today for a Joel Bert Shorts, a 55-year-old Canisteo man who admitted in October to engaging in oral sex with a teenage boy at a religious gathering last summer because the probation department in Steuben County didn't complete a necessary evaluation.

Officials in Steuben apparently overlooked a request for the evaluation and didn't start on it in time for today's hearing.

Shorts was scheduled to be sentenced today and there was also going to be a hearing to determine what level he would be registered as a sex offender.

When Shorts agreed to plead guilty to the Class E felony of criminal sex act in the third degree, the agreement would give him a chance to avoid a four-year prison term and instead be placed on probation in Steuben County for 10 years.

Shorts was arrested July 20 at Darien Lake Theme Park Resort, where he was attending Kingdom Bound with a church group.

The new hearing date is 11 a.m., Feb. 21.

He remains out of jail on his own recognizance. 

The hearing is one of the first court appearances as the new County Court Judge Charles Zambito. Prior to the hearing, Zambito disclosed to Short's attorney the fact that the assistant district attorney handling the case, Robert Zickl, is the brother of Will Zickl, who is now Zambito's staff attorney. Zambito said that on this case, because Robert Zickl is the ADA, Will Zickl would have no involvement and would not be consulted. Short's attorney acknowledged the disclosure and waived any claim to a conflict of interest and said he wasn't concerned about the relationship.

Green Day, Chicago, Cheap Trick announced for Darien Lake this summer

By Howard B. Owens

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It will be the 25th season of concerts at Darien Lake Performing Arts Center this summer and Live Nation has started to release the names of some of the bands scheduled to perform, including Green Day.

As part of the band's Revolution Radio Tour, Green Day will take the stage Aug. 26, a Saturday. Also on the bill, Catfish and the Bottlemen. Showtime is 7 p.m.

Some classic rock bands have also been booked.

Chicago and the Doobie Brothers will be in town July 18. 

Foreigner and Cheap Trick will share top billing July 21, with special guest Jason Bonham's Led Zeppelin Experience.

Grand Jury: Man indicted for allegedly possessing counterfeit bills

By Billie Owens

Christopher T. Walker Jr. is indicted for the crime of criminal possession of a forged instrument in the first degree, a Class C felony. It is alleged that on July 4 in the Town of Darien that Walker -- with knowledge that it was forged and with intent to defraud, deceive or injure another -- possessed a forged instrument, a counterfeit $20 dollar bill. In counts two through 10, Walker is indicted for the crime of criminal possession of a forged instrument in the first degree, a Class C felony. It is alleged that on the same date he possessed nine more counterfeit $20 dollar bills (a total of 10).

Chase J. Francis-Whipset is indicted for the crime of criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on June 4 in the Town of Le Roy the defendant knowlingly and unlawfully possessed a narcotic drug, cocaine, with intent to sell it. In count two, the defendant is accused of the crime of criminal possession of a controlled substance in the fifth degree, a Class D felony. It is alleged that on the same date he knowingly and unlawfully possessed a controlled substance, cocaine, which weighed 500 milligrams or more. In count three, Francis-Whipset is indicted for the crime of aggravated unlicensed operation in the second degree, an unclassified misdemeanor, for allegedly operating a motor vehicle in the Town of Le Roy while knowing or having reason to know that his driver's license was suspended, revoked or otherwise withdrawn by authorities and at the time of operation he had in effect three or more suspension imposed on at least three separate dates for failure to answer, appear or pay a fine.

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