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Darien

Darien's proposed water district is purpose of public hearing Dec. 17

By Billie Owens
Public Notice
 
There will be a public hearing on Town of Darien Water District #6 (proposed) at the Darien Fire Hall, located at 10537 Alleghany Road, Darien Center, at 7:30 p.m. on the 17th day of December (Monday).
 
The purpose of the public hearing is to discuss the proposal to establish a water district with specified improvements. All persons interested in the subject may be heard at this time.

Grand Jury: Man accused of stealing and defacing 13 firearms from The Firing Pin in Bergen

By Billie Owens

Morgan R. Coles is indicted for the crime of third-degree burglary, a Class D felony. It is alleged that on Sept. 26 in the Town of Bergen that Coles knowingly entered or remained unlawfully in The Firing Pin with the intent to commit a crime. In count two, he is accused of criminal possession of a weapon in the first degree, a Class B felony. It is alleged that on Oct. 3 in the City of Batavia that Coles possessed 10 or more firearms. In counts three through 15, Coles is accused of criminal possession of a weapon in the third degree, Class D felonies, for allegedly possessing firearms which had been defaced for the purpose of concealment or prevention of detection of a crime or misrepresenting the identity of the fireaarm. Respectively, these are: a KelTec model PF-9 9mm pistol; a Glock model 19 9 mm pistol; a Glock model 45 9 mm pistol; a Glock model 27 .40 S&W pistol; a Glock model 19c 9mm pistol; a Glock G17 9mm pistol; a Glock model G43 9mm pistol; a second Glock model 27 .40 S&W pistol; a Glock model G21 .45 ACP pistol; a Glock 30S .45 ACP pistol; a Glock model 17 9mm pistol; a Glock model 22 gen 2 .40 S&W pistol; and a Glock model 24 9 mm pistol. In count 16, Coles is indicted for third-degree criminal possession of stolent property, a Class D felony, for allegedly knowingly possessing 13 stolen firearms and the value of the property exceeded $3,000.

Thomas E. Brenkus is indicted for the crime of first-degree sexual abuse, a Class D violent felony. It is alleged that on June 27 in the City of Batavia that he subjected another person to sexual contact by forcible compulsion. In count two, Brenkus is accused of forcible touching, a Class A misdemeanor. It is alleged in count two that on the same day in the city that he intentionally or for no legitimate purpose forcibly touched the sexual or intimate parts of another person for the purpose of degrading or abusing the person for the purpose of gratifying the defendant's sexual desire.

Edwin L. Stancliff is indicted for the crime of criminal possession of a weapon in the third degree, a Class D felony. It is alleged that on June 12 in the Town of Pembroke that Stancliff possessed a dangerous instrument -- a crowbar -- with intent to use it unlawfully against another person. In count two, Stancliff is accused of criminal possession of a weapon in the third degree, a Class D felony. It is alleged in count two, that Stancliff possessed a dangerous instrument -- a crowbar -- with intent to use it unlawfully against a second person. In count three, Stancliff is accused on second-degree menacing, a Class A misdemeanor. It is alleged in counts three and four, respectively, that on June 12 in the Town of Pembroke he intentionally placed or attempted to place two victims in reasonable fear of physical injury or death by displaying the crowbar. In counts five and six, respectively, Stancliff is accused of second-degree harassment for allegedly acting on that day with intent to harass, annoy or alarm the two victims with threat of physical contact. In count seven, the defendant is accused of tampering with a witness in the fourth degree, a Class A misdemeanor. It is alleged in count seven that, knowing a person is about to be called as a witness in a legal action or proceeding, the worngfully induces or attempts to induce, the person to avoid appearing or testifying. It is alleged that on Nov. 6, Stancliff sent a text message to a witness stating that the witness should not show up for the Grand Jury indictment and that if the person did, the person is "riding for the State" and that if the person was family they would not show up. In Special Information filed by the District Attorney, Stancliff is accused of having been convicted of third-degree menacing, a Class B misdemeanor, on Feb. 14, 2017 in Town of Pembroke Court and that conviction forms the basis for counts one and two of the current indictment.

Travis E. Kent, Jason N. Mann and David C. Edwards are indicted for the crime of attempted grand larceny in the third degree, a Class E felony. It is alleged that on July 3 on Broadway Road in the Town of Darien that these defendants attempted to steal property with a combined value in excess of $3,000 -- a Yamaha Wolverine four-wheeler and a Mongoose four-wheeler. In count two, they are accused of criminal possession of stolen property in the third degree, a Class D  felony. It is alleged in count two that the defendants knowingly possessed stolen property valued in excess of $3,000 -- a 2011 Chevrolet Impala. In count three, Kent, Mann and Edwardsare indicted for second-degree criminal mischief, a Class D felony. It is alleged in count three that the defendants intentionally damaged property belonging to another person and the damage exceeded $1,500 -- the 2011 Impala was damaged. In count four, they are accused of unauthorized use of a vehicle in the third degree, a Class A misdemeanor, for allegedly driving the Impala without the owner's consent.

Lisa D. Ayres is indicted for the crime of driving while intoxicated, a Class D felony. It is alleged that on July 21 in the Town of Darien that she drove a 2007 Chevrolet on Route 77 and on McGregor Road while intoxicated. In count two, she is accused of DWI, per se, a Class D felony, for allegedly having a BAC of .08 percent or more at the time. In count three, Ayres is accused of aggravated unlicensed operation in the first degree, a Class E felony, for driving without a valid license -- which had been suspended or revoked -- and for being under the influence of alcohol or a drug at the time. In count four, the defendant is accused of the crime of circumvention of an ignition interlock device. It is alleged in count four that Ayres drove the 2007 Chevrolet which was not equipped with an ignition interlock device, which was required to have. In count five, Ayres is accused of the offense of refusal to submit to a breath test, a violation. It is alleged in count four that Ayres refused the request made by Genesee County Sheriff's Deputy Eric Meyer to submit to a breath test on July 21. In count six, Ayres is accused of the offense of failure to yield the right of way on a left turn. It is alleged in count six, that her failure to yield constituted an immediate hazard. In count seven, Ayres is accused of making an unsafe turn, a violation. In count eight, Ayres is accused of the offense of unsafe passing on the left. In Special Information filed by the District Attorney, Ayres is accused of having been convicted of DWI as a Class E felony on April 24, 2012, in County of Wayne Court. Also, she is accused of having been convicted of DWI, per se, as a misdemeanor on Nov. 18, 2009, in Town of Sodus Court. These convictions form the basis of the crimes alleged in the current indictment and the allegation that she knew her driver's license had been suspended or revoke by authorities due to the convictions.

Danielle R. Dixon is indicted for the crime of aggravated DWI, per se, as a Class E felony. It is alleged that on Aug. 27 on Main Street in the City of Batavia that Dixon rode a Yamaha motorcycle while having a BAC of .18 percent or more. In count two, she is accused of DWI as a Class E felony, in the same incident. In count three, Dixon is accused of operating a vehicle out of class, a violation. It is alleged in count three that the defendant rode the Yamaha without being the holder of a class of license which was valid for the operation of the motorcycle. In count four, she is accused of the offense of speeding at the time.

Joseph F. Chiodo is indicted for the crime of aggravated DWI, as a Class E felony. It is alleged that on June 20 in the Town of Pembroke that Chiodo drove a 2004 Chevrolet on Route 33 while intoxicated and while a child age 15 or less was a passenger. In count two, he is accused of driving while ability impaired by the combined influence of drugs or of alcohol and any drug or drugs, as a misdemeanor. It is alleged that when he drove on June 20 on Route 33 his ability to drive was impaired by the combined influence of drugs or of alcohol and any drug or drugs. In count three, he is accused of endangering the welfare of a child, a Class A misdemeanor, for allegedly knowingly acting at that time in a manner likely to be injurious to the physical, mental or moral welfare of a child less than 17 years old.

Stacy L. Parks is indicted for the crime of aggravated driving while intoxicated, as a Class E felony. It is alleged that on June 27 in the Town of Darien that Parks drove a 2011 Ford on Route 20 while intoxicated and while a child age 15 or less was a passenger. In count two, Parks is accused of DWI, as a misdemeanor, for the same incident. In count three, the defendant is accused of DWI, per se, as a misdemeanor, for allegedly having a BAC of .08 percent or more at the time. In count four, Parks is accused of endangering the welfare of a child, a Class A misdemeanor, for allegedly knowingly acting in a manner that day which was likely to be injurious to the physical, mental or moral welfare of a child less than 17 years old.

Deborah S. Rodriguez is indicted for the crime of aggravated unlicensed operation in the first degree, a Class E felony. It is alleged that on Aug. 1 in the Town of Oakfield that Rodriguez drove a 2005 Nissan on Farnsworth Avenue while her driver's license was suspended and that she did so while impaired by the combined influence of drugs or of alcohol and any drug or drugs. In count two, she is accused of driving while ability impaired by a drug, as a misdemeanor, for driving on Aug. 1 while her ability to do so was impaired by the use of a drug. In count three, the defendant is accused of driving while ability impaired by the combined influence of drugs or of alcohol and any drug or drugs. It is alleged in count three that Rodriguez drove on Farnsworth Avenue that day while her ability to do so was impaired by the combined influence of drugs or of alcohol and drug or drugs. In Special Information filed by the District Attorney, Rodriguez is accused of having been convicted of DWI, per se, on July 5 in City of Batavia Court and her license was suspended. That suspension was still in effect on Aug. 1 pending prosecution of the crimes alleged in the current indictment.

Jay M. Blatchley is indicted for the crime of driving while ability impaired by the combined influence of drugs or alcohol and any drug or drugs, a Class E felony. It is alleged that on July 28 in the Town of Stafford that Blatchley drove a 2016 Toyota on Route 5 while his ability to do so was impaired by the combined influence of drugs. In Special Information filed by the District Attorney, Blatchley is accused of having been convicted of driving while ability impaired by drugs on Nov. 10, 2009, in the Town of Pembroke and that conviction was within 10 years of the crime alleged in the current indictment.

Michael J. Reeves is indicted for the crime of driving while intoxicated, as a misdemeanor. It is alleged that on Aug. 4 in the Town of Pembroke that he drove a 2009 Lincoln on Route 77 while intoxicated. in count two, he is indicted for DWI, per se, as a misdemeanor, for allegedly having a BAC of .08 percent or more at the time. In count three, Reeves is accused of first-degree aggravated unlicensed operation, a Class E felony, for having no valid driver's license, because it was suspended or revoked, at the time and while under the influence of alcohol or a drug. In Special Information filed by the District Attorney, the defendant is accused of having been convicted of driving while ability impaired by the consumption of alcohol, an infraction, on Jan. 15, 2008, of Town of Sullivan Court. That conviction forms the basis of the driver's license revocation referred to in count three of the current indictment.

Andrew M. Cerrillo is indicted for the crime of drivng while intoxicated, as a Class E felony. It is alleged that on Aug. 14 in the Town of Stafford that Cerrillo drove a 2003 Toyota on Route 5 while intoxicated. In Special Information filed by the District Attorney, Cerrillo is accused of having been convicted of DWI, as a misdemeanor, on April 17, 2014, in the Town of Grand Island Court, and that conviction was within 10 years of the crime alleged in the current indictment.

Law and Order: Kelsey Road man faces two new felonies related to child porn case

By Billie Owens

David J. Somerton, 36, of Kelsey Road, Batavia, (in photo above) is charged with possession of obscene sexual performance by a child and use of a child in a sexual performance, both felonies. He was arraigned on the charges on Nov. 29 in Batavia Town Court. Somerton was initially arrested and arraigned on five counts of disseminating indecent material to a minor on Oct. 31 after investigation into a sex offense that occurred in the Town of Batavia Oct. 13. The new charges stem from further investigation and additional charges are pending. The case was investigated by Genesee County Sheriff's Investigator Howard Carlson, assisted by Investigator/Youth Officer Timothy Westcott. The Genesee County Sheriff's Office Criminal Investigation Division was assisted by the FBI Buffalo field office.

Alvin Ezra Way, 57, of Bank Street, Batavia, is charged with second-degree criminal contempt. He was arrested at 9:06 p.m. on Dec. 1 on Colonial Way in Batavia for allegedly violating an order of protection by having personal contact with the protected party. He was issued an appearance ticket for Dec. 17 in Town of Batavia Court. The case was handled by Genesee County Sheriff's Deputy Travis DeMuth, assisted by Deputy Erik Andre.

Christie Lynn Daniels, 22, of Council House Road, Basom, is charged with: DWI, speeding in excess of 55 mph, and unlicensed operation -- driving without a license. At 1:59 a.m. on Dec. 2 on Lewiston Road in Batavia, Daniels was stopped by Genesee County Sheriff's Deputy Ryan Young for allegedly speeding. After an investigation, it is alleged that Daniels was driving without a license and while intoxicated. She was issued appearance tickets for Dec. 17 in Batavia Town Court. Deputy Young was assisted in the case by Deputy Austin Heberlein.

Trisha A. Park, 26, of Le Roy, was arrested in the evening on Nov. 30th by the Le Roy Police Department and charged with: aggravated driving while intoxicated with a child passenger under 15 years of age inside the vehicle, a class E felony; operating a motor vehicle impaired by drugs and endangering the welfare of a child -- both misdemeanors; unlawful possession of marijuana and inadequate headlights on a motor vehicle, both violations. At approximately 5:45 p.m. on Nov. 30th, patrols observed a vehicle operating without a headlight on Wolcott Street in the Village of Le Roy. Patrols initiated a traffic stop and interviewed the operator. While speaking with the operator, patrols allegedly noticed a strong marijuana odor emanating from the vehicle. A vehicle search would allegedly reveal marijuana as well as marijuana paraphernalia. After a brief investigation it was allegedly determined that Park was impaired by drugs. Park was taken into custody without incident and was evaluated by a Drug Recognizant Expert. Park was arraigned in Le Roy Town Court and released under supervision. Park is due back in court on Dec. 20th.

Frank L. Cortright, 60, of Route 77, Alabama, is charged with fourth-degree criminal mischief. It is alleged that at 12:15 p.m. on Nov. 30 on Pratt Road in Pembroke that Cortright intentionally damaged property belonging to another individual. He was issued an appearance ticket returnabled to Pembroke Town Court on Dec. 11. The case was handled by Genesee Coounty Sheriff's Deputy Travis DeMuth.

Stephen Michael Milroy, 24, of Perry Road, Pavilion, is charged with seventh-degree criminal possession of a controlled substance and unlawful possession of marijuana. At 3:42 a.m. on Dec. 1, Milroy was arrested on Park Road in Batavia after investigation into a report of an unconscious male sleeping in his vehicle in the Batavia Downs' parking lot. Milroy was processed at the jail and issued appearance tickets returnable to Batavia Town Court on Dec. 17. The case was handled by Deputy Andrew Mullen.

Christopher Jai Shawn Middleton, 24, of Dumont Avenue, Brooklyn, is charged with unlawful possession of marijuana and speeding. The defendant was stopped at 8:35 a.m. on Sumner Road in Darien on Nov. 29 for allegedly speeding. Investigation allegedly revealed he possessed marijuana. He was issued an appearance ticket returnable to Town of Darien Court on Dec. 11. The case was handled by Genesee County Sheriff's Deputy Kevin McCarthy.

Live Nation Lawn Pass for 2019 on sale Tuesday --unlimited lawn access to all summer concerts at Darien Lake, even if sold out

By Billie Owens

Press release:

The Live Nation Lawn Pass provides unlimited lawn admission to all concerts at any of your local participating Live Nation amphitheaters throughout the 2019 season for one price. 

Lawn Pass will go on sale starting at 1 p.m. on Tuesday, Dec. 4 and be available through Dec. 18 or while supplies last, making the pass the perfect holiday gift that can be enjoyed all next summer.

To purchase the pass, fans can go to lawnpass.livenation.com and use the dropdown menu to select a desired amphitheater. Each fan will receive a custom laminate with their name and unique barcode that serves as their ticket on show day. Once fans scan in, they are all set to dance the night away on the lawn.

The full list of participating amphitheaters found below. Pricing varies per amphitheater and further details and restrictions for the Lawn Pass can be found at lawnpass.livenation.com.

Sold for a limited time only, this pass will give fans lawn access to Live Nation concerts (even the sold-out ones!) at Darien Lake Amphitheater* for just $125 plus fees. In addition to guaranteed admission, passholders will receive Fast Lane access for speedy entry, complimentary lawn chair rental to chill out and enjoy the show, as well as exclusive ticket offers.

For pricing, details, restrictions or to purchase a Lawn Pass please visit lawnpass.livenation.com.

*Does not include pavilion only performances. Live Nation concerts only.

WWII book about USS Juneau has local connection

By Virginia Kropf

Rob R. Thompson, of Attica, has written 15 books, four of which were bestsellers, but his favorite so far is the story of the Sullivan brothers who were all killed on the USS Juneau during World War II.

Thompson will be at Le Roy’s Moose Lodge today (Saturday) to sign copies of "The USS The Sullivans" until 3 p.m. during the Le Roy Winterfest.

His book is not about the bombs, guns and steel which made up the ship, but rather it combines emotion, history and paranormal events surrounding the ship.

While researching for his book, Thompson spent three nights on the ship anchored in Buffalo’s Naval Park.

Thompson covers the history of the cruiser and details the life of Eugene Straub, originally of Darien, who was also lost aboard the Juneau.

During his research, Thompson located Straub’s daughter, now 75 and living in Utica.

The book is available online, as well as at the book signing.

Grand Jury: Man indicted for September carjacking at Batavia Kwik-Fill

By Billie Owens

Constantine D. Murrell is indicted for the crime of second-degree robbery, a Class C violent felony. It is alleged that on Sept. 25 at the Kwik-Fill gas station/convenience store at the intersection of Ellicott and Jackson streets in the City of Batavia that Murrell forcibly stole a 2008 automobile. In count two, he is accused of second-degree assault, a Class D violent felony. It is alleged in count two that during the commission or attempted commission of the aforementioned felony that he cause physical injury to a person. in count three, he is accused of reckless driving, a misdemeanor, for driving the 2008 vehicle in a manner that interfered with the free and proper use of the roadways and/or unreasonably endangered users of those roadways. In count four, Murrell is accused of unlawful lfeeing a police officer in a motor vehicle in the third degree, a Class A misdemeanor. It is alleged in count four that he attempted to flee an officer, knowing that he had been directed to stop, and that his speeds equaled or exceeded 25 miles per hour above the speed limit or he engaged in reckless driving.

Dylan J. Perry is indicted for the crime of third-degree burglary, a Class D felony. It is alleged that between Dec. 1 and Dec. 2 he knowingly entered and remained unlawfully in a building located on Broadway Road in the Town of Darien with intent to commit a crime. In count two, Perry is accused of petit larceny, a Class A misdemeanor. It is alleged in count two that Perry stole $300 in U.S. currency and a pair of work boots while inside the property on Broadway Road.

Antonio J. Goodson is indicted for the crime of criminal contempt in the first degree, a Class E felony. It is alleged that on Aug. 22 in the City of Batavia that he violated a duly served order of protection by being in the presence of the protected party. In Special Information filed by the District Attorney, Goodson is accused of having been convicted of criminal contempt in the second degree, a Class A misdemeanor, on Jan. 19 in City of Rochester Court. That conviction was for a violation of a stay away family offense order of protection and was within five years of the crime alleged in the current indictment.

Thomas J. Claffey is indicted for the crime of driving while ability impaired by drugs, as a Class E felony. It is alleged that on June 18 in the Town of Stafford that he drove a 2016 Chevrolet on Route 33 while his ability to do so was impaired by use of a drug. In Special Information filed by the District Attorney's Office, Claffey is accused of having been convicted for DWI, as a misdemeanor, on July 28, 2008, in Town of Irondequoit, and that conviction was within 10 years of the crime alleged in the current indictment.

Driver accused of killing teen in hit-and-run appears in court while attorneys file motions in legal case

By Howard B. Owens
serranojennifer2018mug_1sm.jpg
      Jennifer Serrano

The defense attorney for Jennifer Serrano, the 48-year-old woman accused of killing an 18-year-old Hinckley resident in a hit-and-run accident in Darien on Aug. 11, will be given a chance to challenge any statements obtained by police from her during the investigation that led to her arrest.

Judge Charles Zambito granted the motion today by Frank LoTempio for the hearing, known as Huntley Hearing, which is pretty standard in criminal cases.

LoTempio will be able to question the officers involved in obtaining statements from Serrano to determine whether or not her rights were violated and whether the statements were legally obtained.

Serrano was allegedly the driver of a vehicle that struck and killed Connor Lynskey after the Jason Aldean concert at Darien Lake. Lynskey and a group of people were walking on Sumner Road back to the Darien Lakes State Park, where they were camping, when he decided to run ahead to catch up with a friend. He was reported missing later that night. His body was found by a deputy the next day.

About a half-hour later, Serrano was stopped and charged with DWI but she did not mention the possible prior accident and was only connected to the accident the next day through police investigation.

At the DWI stop, where she reportedly almost hit a patrol vehicle, Serrano may have tried to talk the deputy into letter her go, according to police reports.

Serrano appeared in court shackled alongside LoTempio and co-counsel Jack Sanchez dressed in gray sweatpants and an orange sweatsuit hoodie jacket.

She is being held on $100,000 cash bail or $200,000 bond while her case heads toward a possible trial.

LoTempio also filed a supplemental motion challenging the search warrants used in the case. He had filed the motion after recently receiving copies of the warrants and the statements used to obtain them. District Attorney Lawrence Friedman will be given time to file a written response before Zambito rules on the motion.

Driver unresponsive after vehicle strikes tree off Route 77 in Darien

By Billie Owens

route77accnov102018.jpg

A driver is unresponsive after his or her vehicle left the roadway and struck a tree off Route 77 in Darien. Mercy Flight is on standby. The accident location is 9610 Alleghany Road between Ganson Avenue and McGregor Road. Darien Fire Department and Mercy medics are responding.

UPDATE 3:56 p.m.: The driver is a 25-year-old male who lives in Corfu. He told Sheriff's deputies at the scene that he fell asleep at the wheel. His truck left the roadway, hit a drainage ditch and went airborne before coming to a stop 50 yards away after striking a tree. He was taken by ground ambulance to ECMC with non-life-threatening injuries. Investigators determined that no alcohol or drugs were involved in the accident, said Sgt. Jason Saile.

Grand Jury: Four cases of driving while intoxicated or under influence of drugs

By Billie Owens

Paul M. Gelardo is indicted for the crime of driving while ability impaired by drugs, a Class E felony. It is alleged that on July 13 in the Town of Oakfield that Gelardo drove a 2002 Chevrolet on South Pearl Street while his ability to do so was impaired by drugs. In count two, he is accused of aggravated unilicensed operation of the motor vehicle in the first degree, another Class E felony. It is alleged in count two that Gelardo knew, or had reason to know, that his driver's license was suspended, revoked or otherwise withdrawn by authorities at the time he drove on South Pearl Street, and he did so while under the influence of alcohol or a drug. In count three, he is accused of the same crime as in count two, plus it alleges he had in effect three or more suspensions imposed on at least three separate dates for failure to answer, appear or pay a fine. In Special Information filed by the Genesee County District Attorney, Gelardo is accused of having been convicted of driving while impaired by drugs, as a misdemeanor, on March 14, 2016 in Town of Brighton Court. That conviction was within 10 years of the commission of crimes alleged in the current indictment, and he knew, or should have known, about that conviction and that his driver's license was still suspended.

Shawn J. Scheg is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on July 25 in the Town of Stafford that Scheg drove a 2007 Acura on Route 33 while intoxicated. In count two, he is accused of aggravated unlicensed operation in the first degree, also a Class E felony, for driving that day while his license was suspended, revoked or otherwise withdrawn by authorities. In count three, he is accused of circumventing an ignition interlock device, a Class A misdemeanor, which he was court ordered to have on his vehicle and which the Acura did not have. In Special Information filed by the Genesee County District Attorney, Scheg is accused of having been convicted of DWI, as a misdemeanor, on Oct. 9, 2012 in Genesee County Court, and that conviction forms for basis for the suspension or revocation referred to in count two of the current indictment.

Carl W. Altman is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on June 26 Altman drove a 1998 Ford in the Darien Lake Concert Amphitheater parking lot in the Town of Darien while he was intoxicated. In Special Information filed by the Genesee County District Attorney, Altman is accused of having been convicted of DWI as a misdemeanor on Aug. 24, 2015 in Town of Gates Court and that conviction was within 10 years of the crime alleged in the current indictment.

David J. Henry is indicted for the crime of driving while intoxicated, per se, as a misdemeanor. It is alleged that on March 3 in the Town of Stafford that Henry drove on 2017 Volkswagon on Route 90 while having a BAC or .08 or more. In count two, he is accused of DWI, a msidemeanor. In count three, he is accused of aggravated unlicensed operation of a motor vehicle, a Class E felony. It is alleged in count three that Henry drove while under the influence of alcohol or a drug while his license was suspended or revoked and while he had three or more suspensions imposed or at least three separate dates for failure to answer, appear or pay a fine.

Genesee Tourism: Life in luxury at River Spring Lodge

By Genesee County Chamber of Commerce & Visitor Center

Imagine the perfect weekend getaway. It’s comfortable, secluded, and your every need is anticipated and cared for. Most importantly, it’s easy to get to. In fact, it may even be in your backyard. Welcome to River Spring Lodge, located at 1961A Church Road in Darien Center.

About the Lodge & the Hamers

An executive retreat and country inn, River Spring Lodge is known for providing a high-end, luxury experience to its guests. Opened in 2016, the Lodge is owned by locals Dave and Carolyn Hamer. After working in hospitality around the world for 15 years, the Hamers returned to Western New York to bring their passion for good food and great lodging to this area.

Seven modern and comfortable rooms, a fully equipped conference room, and large dining room make up this beautiful country estate.  

Deeply influenced by French cuisine as a student at the Culinary Institute of America, Chef Dave is world-renowned and has cooked for an impressive list of A-listers and celebrities. Carolyn complements the team with touches that make the River Spring Lodge experience unique – greeting each guest with a warm welcome as they arrive and sending them off with her favorite treat, a chocolate chunk cookie, when they depart.

A Romantic Escape

Surrounded by the colors of autumn, the deep chill of winter snow, or the sights and sounds of spring – River Spring Lodge is a romantic escape year-round. Named as one of the "top 10 most romantic inns in the country" by iLoveInns.com, they offer a couple's escape that’s sure to keep the fires burning or reignite the spark. Relax, refresh and enjoy each other’s company while your every need is tended to. The package includes a four-course dinner, three-course breakfast, and a room of unrivaled luxury. 

Meals are crafted by Chef Dave himself, and meant to be savored -- never rushed. When you dine at the lodge, the table is yours for the evening. Decide to retire, and you’ll find goose down duvets, European shower rooms, heated floors for the colder months, and woodland or pond-side views from your private balcony or alcove. Wi-Fi and boosted cell phone coverage allow you to stay connected with the outside world, but why would you want to?

A Sportman’s Paradise

Romance isn’t the only package River Spring Lodge specializes in. The Sportsman Suite is a completely private space for hunters and fisherman, offering an exclusive steelhead fishing trip, as well as whitetail, turkey and pheasant hunts. Boasting four bedrooms and two full bathrooms along with a gun safe, poker table and darts, it’s truly a man’s world wrapped in a wilderness retreat. And man’s best friend is welcome to join the fun, as hunting dogs are allowed in the suite. All-inclusive packages are available in the warmer months.

Drop By & Dine In

If an incredible food experience is simply what you seek, you don’t have to stay the night to get it. The dining room serves four-course dinners from 5 until 8 p.m. Tuesday through Sunday to lodge guests and local diners alike. While it’s open for reservations, we recommend you make one early. Dave and Carolyn take comfort seriously, so your table is yours for the evening, or however long you wish.

Once you’re booked for the evening, start perusing the menu. Guests are requested to pre-order their meal 24 hours in advance – all part of the personalized experience – on a menu that changes regularly. Local produce is used in season, keeping fresh foods and first quality always top-of-mind.

Large groups (8-18) can make reservations for the Chef’s Table, located in an adjacent room for a completely immersive dining experience – or sometimes even in the kitchen itself.

Whether you’re looking for your next hunting adventure, board retreat, romantic getaway, or just a weekend away from it all, River Spring Lodge is the ultimate in luxury and comfort. Stop by, and let Dave and Carolyn welcome you to an experience you won’t soon forget.

For more information visit www.visitgeneseeny.com.

Grand Jury: Phelps Road, Basom, sex offender accused of failing to register change of address

By Billie Owens

Daniel E. King is indicted for the crime of failure to register a change of address as a sex offender, a Class E felony. It is alleged that the convicted sex offender moved to 2058 Phelps Road in the Town of Basom on Jan. 24 and failed to register his change of address with the NYS Division of Criminal Justice Services within 10 calendar days as required.

Candido Candelaria III is indicted for the crime of driving while intoxicated, as a Class D felony. It is alleged that on Aug. 16 in the Town of Le Roy that Candelaria drove a 2005 Chevrolet Equinox on Route 33 while intoxicated. In count two, he is accused of aggravated DWI, per se, as a Class D felony, for allegedly having a BAC of .18 percent or more at the time. In count three, it is alleged that the defendant knew or had reason to know that his driver's license was suspended, revoked or otherwise withdrawn by authorities, and that he was under the influence of alcohol or a drug at the time. In Special information filed by the District Attorney, Candelaria is accused of having been convicted for DWI, per se, on Jan. 9, 2017 in Town of Ridgeway Court, Orleans County. The conviction forms the basis for count three of the current indictment.

Benjamin J. Marien is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on June 15 in the Town of Darien that Marien drove a 2008 Chevrolet Silverado on Chick Road while intoxicated. In count two, he is accused of DWI, per se, as a Class E felony, for allegedly having a BAC of .08 at the time. In Special Information filed by the District Attorney, Marien is accused of having been convicted of DWI as a misdemeanor on Oct. 12, 2016, in City of Batavia Court and that conviction was within 10 years of the crimes alleged in the current indictment.

Darien man accused of sexting girls at a school in Niagara County

By Howard B. Owens

A 29-year-old Darien Center man, Alexander Seegar, has been arrested by federal authorities and charged with receipt and possession of child pornography.

According to a press release from the office of U.S. Attorney James P. Kennedy, Seegar posed as a 16- or 17-year-old boy and sexted 10- to 12-year-old female students in a school in Niagara County. The defendant used the Instagram profile “davidlissachi” to communicate with the girls and ask them for sexually explicit photos.

The complaint also states that Seegar was found in possession of numerous photos containing child pornography.

The charge carries a minimum penalty of five years in prison and a maximum of 20 years and a $250,000 fine.

Seegar appeared in Federal Court before U.S. Magistrate Michael J. Roemer today to answer the charges and enter a not guilty plea.

The criminal complaint is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in Charge Gary Loeffert, and the Lewiston Police Department, under the direction of Chief Frank Previte.

Law and order: Troopers arrest four people during Darien sobriety checkpoint detail

By Billie Owens

New York State Police based out of Troop A, Zone I, conducted a Sobriety Checkpoint in the Town of Darien as well as a dedicated DWI patrol in Genesee County, Friday night Sept. 28, into Saturday morning, Sept. 29. Two people were arrested for DWI during the detail and are to appear in the Town of Darien court at a later date: Sarah E. Convis, 32, of New Woodstock; and Pamela S. Bradshaw, 46, of Pennsylvania. In addition, Daryl L. Ford, 31, of Niagara Falls, was arrested for fifth-degree criminal possession of marijuana after being stopped for traffic infraction. He was also charged with second-degree aggravated unlicensed operation. He was issued an appearance ticket to return at a later date. Also, Jerard L. Cramer, 31, of Buffalo, was arrested for: felony first-degree aggravated unlicensed operation; unlawful possession of marijuana; driving without required ignition interlock device, and numerous other vehicle and traffic infractions. He was arraigned and released to appear in court at another date.

Melody J. McMaster, 47, of Washington Avenue, Batavia, is charged with trespass. At 10:15 a.m. on Sept. 23, McMaster was arrested on Harvester Avenue in the City of Batavia. She had previously been advised not to be on the property by police prior to this incident. She is due in Batavia City Court on Oct. 2. The case was handled by Batavia Police Officer Jason Davis, assisted by Officer Darryle Streeter.

Rachel Britanny Soloman, 26, of North Lake Road, Pembroke, is charged with: criminal contempt in the second degree; endangering the welfare of a child; obstruction of governmental administration in the second degree; and resisting arrest. Solomon was arrested as a result of an investigation into a reported violation of a court order. It is alleged that she violated an order of protection by being at the residence of the protected party on Meadville Road on the Tonawanda Indian Reservation at 11:15 a.m. on Sept. 29. She allegedly became uncooperative during the investigation and her actions place a child in danger. She was arrested, arraigned in Town of Alabama Court and jailed in lieu of $10,000 cash bail. The case was handled by Genesee County Sheriff's Deputy Richard Schildwaster, assisted by Deputy Jeremy McClellan.

Michael L. Jennings, 54, of Jackson Street, Batavia, is charged with owning an unlicensed dog. He was arrested at 6:41 p.m. on Sept. 21 and issued an appearance ticket. He is due in Batavia City Court on Oct. 9. The case was handled by Batavia Police Officer Catherine Mucha.

Marc C. Cook, 28, of Church Street, Basom, is charged with failure to appear. He was arrested and arraigned on Sept. 29 in Batavia City Court on two arrest warrants for failure to appear in city court. He was jailed in lieu of $1,000 cash bail or bond. He was due in city court today (Oct. 1). The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Marc Lawrence.

Jaequele M. Tomlin, 23, of Main Street, Le Roy, and Darazian W. Williams, 25, of Hutchins Street, Batavia, are both charged with unlawful possession of marijuana. Tomlin and Williams were arrested for allegedly possessing marijuana during an investigation following a traffic stop. This occurred at 6:18 p.m. on Sept. 28 on Ellicott Street in Batavia. The defendants are due in city court on Oct. 9 to answer the charge. The cases were handled by Batavia Police Officer Catherine Mucha, assisted by Sgt. Dan Coffey.

Nine arrests at Kid Rock concert

By Howard B. Owens

The following people were arrested by the Genesee County Sheriff’s Office during the Kid Rock/Brantley Gilbert Concert at Darien Lake Performing Arts Center on Friday:

Scott F. Parsons, 30, of Wilelen Road, Chili, was arrested for disorderly conduct after allegedly engaging in a fight in the parking lot after the concert. Parsons was also arrested on an outstanding Family Court Warrant and turned over to the Wayne County Sheriff’s Office. 

Frank J. Colosimo, 30, of Stone Road, Greece, was arrested for disorderly conduct after allegedly engaging in a fight in the parking lot after the concert. Colosimo was also arrested on an outstanding criminal mischief warrant and turned over to Irondequoit Police.

James F. Colosimo Jr., 31, of Pardee Road, Rochester, was arrested for disorderly conduct after allegedly engaging in a fight in the parking lot after the concert.

Chelea C. Richardson, 19, of Wilelen Road, Chili, was arrested for obstruction of governmental administration, 2nd, after allegedly interfering with deputies breaking up a fight in the parking lot.

Doria L. Gerew, 32, of Georgetown Drive, Rochester, was arrested for harassment, 2nd, after allegedly punching another patron in the face while exiting the concert venue.

Richard J. Moran, 40, of West Sobieski Street, Cheektowaga, was arrested for harassment, 2nd, after allegedly threating to harm a Live Nation Security Officer. 

Cory A. House, 21, of Hartland Street, Middleport, was arrested for trespass after allegedly attempting to reenter the concert venue after being ejected and told not to return.

Dirk D. Brown, 39, of Ford Street, Ogdensburg, was arrested for trespass after allegedly attempting to reenter the concert venue after being ejected and told not to return.

Michael A. Wheaton, 33, of Burt Hill Road, Canisteo, was arrested for trespass after allegedly attempting to reenter the concert venue after being ejected and told not to return.

Law and Order: Hutchins Place woman suspected of illegal dumping on State Street

By Billie Owens

Christine M. Jones, 31, of Hutchins Place, Batavia, is charged with illegally disposing of items (unspecified) at 9:45 a.m. on Sept. 26 on State Street. She was arrested and given an appearance ticket for illegal dumping. She is due in City Court on Oct. 4. The case was handled by Batavia Police Officer Kyle Krtanik, assisted by Officer Frank Klimjack.

Jeremy J. Alwardt, 29, of Church Street, Le Roy, is charged with second-degree criminal trespass and second-degree harassment. He was arrested at 7:50 p.m. on Sept. 26 after a disturbance during which he allegedly forced entrance into an individual's porch and struck the person. He  was arraigned and jailed in lieu of unspecified bail and was due in Batavia City Court on Thursday. The case was handled by Batavia Police Officer Stephen Cronmiller, assisted by Officer Chad Richards.

Adam A. Alwardt, 30, of Willow Street, Batavia, is charged with fourth-degree criminal mischief. He was arrested at 7:06 p.m. on Sept. 24 on Willow Street in Batavia after a domestic incident wherein he allegedly damaged property belonging to another person. He was arraigned and jailed on $1,500 cash or bond and was due to return to City Court on Tuesday. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Jamie Givens.

A male who lives on Chick Road in Darien, no other information provided, was arrested at 8:20 p.m. on Sept. 26 on Chick Road following a domestic incident. The household member is charged with third-degree menacing and second-degree harassment. He is scheduled to appear in Darien Town Court on Oct. 23 to answer the charges. The case was handled by Genesee County Sheriff's Deputy Kevin Forsyth, assisted by Deputy Erik Andre.

Megan Elizabeth King, 24, of Fisher Road, Alabama, is charged with driving with a BAC of .08 percent or more and DWI -- first offense. She was arrrested at 9:39 p.m. on Sept. 26 on Main Road in Pembroke following an investigation into a motor-vehicle accident that occured on Route 5 in the Town of Pembroke on July 26. It is alleged that King was operating the vehicle with a BAC greater than .08 percent. She was issued an appearance ticket for Pembroke Town Court and is due there on Oct. 4. The case was handled by Genesee County Sheriff's Deputy Travis DeMuth, assisted by Deputy Chad Minuto.

Kevin J. Fickel, 37, of State Street, Batavia, is charged with petit larceny. He was arrested at 7:15 p.m. on Sept. 23 at Tops market after he allegedly exited the store without paying for several items. He is due in City Court on Oct. 2. The case was handled by Batavia Police Officer Stephen Cronmiller, assisted by Officer Jamie Givens.

CORRECTED: Colby Road will close for paving next week

By Billie Owens
Advisory from the GC Highway Department:

 

Please be advised that the Genesee County Highway Department will be paving Colby Road from Sumner Road to Route 5 33, in Darien and Pembroke, beginning Monday, Oct. 1st through Thursday, Oct. 4th.

The road will be closed for thru traffic. Local traffic, including school buses and emergency vehicles, will still have access to the roadway during paving.

There will be a notification when the road reopens.

The correction was provided today, Sept. 28, by the Highway Department.

Driver accused in fatal hit-and-run reportedly tried to talk deputy into letting her go during earlier DWI stop

By Howard B. Owens

Jennifer Serrano told a deputy she was looking for a girlfriend's house in Darien and was lost after nearly hitting the deputy's car on Route 77 in the early morning of Aug. 11.

The 48-year-old Serrano has been accused of hitting and killing Connor Lynskey, 18, of Hinckley, on Sumner Road about 25 minutes before her encounter with Deputy Robert C. Henning. The encounter led to her arrest on a drunken driving charge but she never revealed to Henning or any of the court or jail officials she met that morning that she may have been involved in a hit-and-run accident.

Lynskey had been reported missing by the time of her arrest but his body wouldn't be found until 11:30 in the morning. A day after his death was reported, Sheriff's Officers investigators developed leads and identified Serrano as the suspected driver of the hit-and-run vehicle. She was located at her sister's house in Amherst. Deputies also seized the vehicle they believe she was driving at the time of the accident about 12:30 a.m. and her subsequent arrest for DWI at 12:55 a.m.

After the near collision on Route 77, Henning flipped on the emergency lights of his patrol vehicle and initiated a traffic stop. In his report of the incident, he said he could detect a strong odor of alcohol and that Serrano's eyes were glassy, according to a report he wrote and attached to the arresting document on file with the Genesee County Court.

The Batavian requested the document after District Attorney Lawrence Friedman discussed it during Serrano's last court appearance Sept.12. Judge Charles Zambito granted the request at a hearing, where neither Serrano nor her attorneys appeared to object to the document's release, this past Thursday.

According to Henning's report, Serrano failed multiple parts of a field sobriety test but her demeanor even before the test began indicated she may have been intoxicated, according to the report.

"Jennifer was swaying back and forth and leaned into the tire on the back of the vehicle multiple times to keep her balance while I was talking to her," Henning wrote. "Jennifer was also fidgeting while speaking with me. She was constantly moving her hands and rubbing them together."

Henning attempted a roadside Alco-sensor test but after Serrano blew once and it didn't register a reading, she wouldn't blow again. She also refused a Datamaster test at the Batavia Police Station and she refused three separate requests to submit to the test at Darien Town Court.

During the field sobriety tests, Henning reported Serrano swayed back and forth and had a hard time keeping her head still.

At one time during the test, Serrano reportedly said, "Am I moving my head? I can't even tell."

She wasn't able to complete a balance test without hold her hands out and she couldn't successfully walk heel-to-toe, according to Henning's report.

After the walk and turn, she reportedly told Henning, "I failed."

The report also reveals there was a passenger in Serrano's vehicle, though the person isn't named and if police obtained a witness statement from the passenger, it's not included in the court file.

Serrano said she drove from Silver Lake to Darien Lake to pick up her passenger after the Jason Aldean concert, according to statements Serrano reportedly made to Henning.

When Henning asked Serrano about consuming alcohol that night, Serrano reportedly said, "I had some earlier."

"What's some?" Henning asked.

The report says Serrano then said, "Umm, I didn't have any."

After informing Serrano he would conduct some tests, Serrano reportedly told Henning, "Well, listen, can you just let me hang here? You just let me hang here. You just all did your thing. You walked around. Could you just call my cousin, like talk to my cousin and just let me know."

Later she reportedly said, "My girlfriend's house is on this street. I pulled into the wrong driveway. I pulled out in front of you. Could you just do a solid, you know, like I promise you. Can we call my, you call my cousin and we follow you, and you follow me."

While trying to convince Serrano to submitted to a breath test, he told her, "It's another ticket if you refuse," and Serrano reportedly told Henning, "It's not another ticket if I refuse. "It's, it's, I'm doomed."

When Henning informed her she was under arrest, Serrano reportedly said, "Really? I've been kind to you. Oh, my God."

Later, after Serrano said she really didn't understand what was going on, Henning said he told her, " I believe that you are intoxicated to the point where you should not be driving a motor vehicle, OK? So I arrested you for that. Now you admitted to drinking. I don't know what. I don't know how much but that's basically what the field tests and the Datamaster can prove it."

Serrano said, "I don't understand how this is going to work out for me, like, you keep saying, 'it's going to be OK.' "

"It will," said Henning, who at the time didn't know about Lynskey. "It's not the end of the world. Look, the end of the world could have been that you got in a head-on collision tonight and either hurt yourself, hurt the passenger, or hurt someone else." 

All Serrano reportedly had to say at that point was, "I just pulled out of a driveway in front of you. I was looking for my girlfriend's house."

Lynskey, a promising medical student, according to his family, had attended the Jason Aldean concert with friends and family. They were all camping at Darien Lakes State Park. Lynskey was walking with members of his group when he decided to run ahead on Sumner Road and catch up with a friend. That was the last time anybody saw him alive.

Corn chopper fire reported in Darien

By Howard B. Owens

A corn chopper is reportedly fully engulfed in flames in a farm field at Colby and Sumner roads, Darien.

Darien fire is dispatched.

UPDATE 2:03 p.m.: Fire is out.

UPDATE 2:35 p.m.: Darien fire is back in service.

Structure fire reported on Alley Road, Darien

By Howard B. Owens

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A structure fire is reported at 483 Alley Road, Darien.

That's between Gadd Road and Countyline Road.

The fire has gone to a second alarm.

It was initially reported as a shop fire but it reportedly quickly spread to a residence. A caller reportedly went into the house to assist an elderly resident with getting out.

Darien fire dispatched along with mutual aid companies.

UPDATE 11:34 p.m. (By Billie): The house closest to the blaze was never in danger; there was no flame damage to the house. A neighbor assisted an elderly resident to the back of the property, where the elderly resident's son resides. Meanwhile, a neighbor and the woman's son removed propane tanks from the building. But the all-metal construction of the shop was nonetheless destroyed. The son is a road construction electrical contractor.

UPDATE 1 a.m. (by Howard): The structure was fully involved when the first firefighters arrived on the scene, according to Capt. Ray Felski, so crews immediately took a defensive posture toward fighting the fire.

"Tthe initial report said it was a shop fire and then it was updated that it might have gotten to the residence," Felski said. "On our arrival, it had not gotten into the residence. It was contained to the shop building, which was fully involved on our arrival."

The structure is a total loss, along with four commercial vehicles parked in the building.

Firefighters from three counties and seven companies responded to the fire. No injuries were reported. The humid night required crews to rotate regularly so they could stay hydrated. There is a large pond on the property near the shop, which was a key source of water, Felski said. Tankers were also dispatched to the fire. "Water was not an issue," Felski said.

The property is owned by the Osborn family.

PHOTOS: First four photos submitted by a reader. The rest of the photos by Howard Owens.

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