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Darien

Injured horse hobbling down Route 77

By Billie Owens

An injured horse, possibly struck by a car, is running down Route 77 near Herkimer Road in Darien. The brown and white horse is said to be hobbling quite a bit as though it has a broken leg. Law enforcement is en route.

UPDATE 3 p.m.: A passerby reported seeing a man wearing an orange hat walking the horse. A person is going to take an officer to the home where he thinks the man took the horse after corraling it.

UPDATE 3:17 p.m.: The horse was found safe and sound. "It's a lame horse and was never involved in any accident with a vehicle," says the officer.

Law and Order: A fire and two arrests on Summit Street over the weekend

By Howard B. Owens

Brandon M. Maldonado, 24, of 146 Summit St., Batavia, was arrested on warrants for alleged petit larceny and criminal mischief. Maldonado was located at the scene of the fire Sunday night at 140 Summit St.

Bethani M. Dibble, 20, of 146 Summit St., Batavia, is charged with DWI, driving with a BAC of .08 or greater and leaving the scene of a property damage accident. Dibble allegedly drove her vehicle into the porch and fence of her residence and then left the scene of the accident at 2:38 a.m., Saturday.

Daniel E. King, 36, of 2058 Phelps Road, Basom, is charged with petit larceny and harassment, 2nd. King is accused of stealing a can of Mike's Hard Lemonade from a convenience store on West Main Street and then hitting the store manager when confronted.

Daryl R. Hamler, 18, of 6786 Westcott Road, Le Roy, is charged with unlawful possession of marijuana. Hamler was charged after allegedly being found in possession of marijuana while driving through a DWI checkpoint on Clinton Street.

Alicia M. Stanwick, 21, of 318 E. Main St., Apt. 2, Batavia, is charged with DWI, driving with a BAC of .08 or greater and inadequate stop lamps. Stanwick was stopped at 1:36 a.m., Sunday, on Main Street, Batavia, by Officer Marc Lawrence.

Katelyn Louise Hodgins, 24, of Pringle Avenue, Batavia, is charged with DWI, driving with a BAC of .08 or greater, driving left of pavement markings and open container. Hodgins was stopped at 1:17 a.m., Saturday, on Seven Springs Road, Batavia, by Sgt. Greg Walker.

Thomas Allen Pfalzer, 45, of Harper Road, Darien, is charged with DWI, driving with a BAC of .08 or greater, driving while on a mobile phone, consumption of alcohol in a motor vehicle and unlawful stopping or parking in the roadway. Pfalzer was allegedly located at 2:04 a.m., Saturday, in his vehicle stopped on Sumner Road, Darien, talking on his mobile phone. Upon investigation by Deputy Jason Saile, Pfalzer was allegedly found to be intoxicated.

Darrell Jerrod Holloway, 44, of Crowydon Road, Rochester, was arrested on a bench warrant for alleged failure to pay a fine. Holloway was taken into custody following his release from the Elmira Correctional Facility, where he was held on an unrelated matter. Holloway was jailed pending a court appearance.

Tyanna Desiree Green, 17, of Lewis Place, Batavia, is charged with petit larceny. Green allegedly stole two CDs from Kmart.

Car vs. pole accident reported in Darien

By Howard B. Owens

An ambulance is being dispatched to a car-into-pole accident in the area of 9768 Colby Road, Darien.

Darien Fire Department and law enforcement on scene.

The ambulance is requested for evaluation of a subject due to airbag deployment.

UPDATE 10:59 p.m.: The pole is still standing, but it's cracked. National Grid notified.

UPDATE 11:32 p.m.: All units back in service.

Law and Order: Traffic stop yield baggies of alleged marijuana, alleged illegal immigrant

By Howard B. Owens

Laurie J. Lerkins, 35, of 8 Erie St., Le Roy, is charged with unlawful possession of marijuana. Lerkins was reportedly driving a vehicle stopped on Wolcott Street by Le Roy PD early Saturday morning for alleged broken tail lamp. Upon investigation, officers found Lerkins allegedly possessed multiple small bags of marijuana. During the stop, police identified Jose Del Carmen Hernandez-Zarate, 26, and with the assistance of the Border Patrol determined Hernandez-Zarate, who was reportedly working on a farm in East Bethany, was in the country illegally. Hernandez-Zarate was turned over to the Border Patrol for immigration proceedings.

Laszlo Szabo, 59, of 8687 Keeney Road Le Roy, is charged with felony DWI, aggravated driving with a BAC of .18 or greater and improper right turn. Szabo was observed Sunday night making an allegedly wide right turn of Mill Street onto Lake Street, crossing fully in to the oncoming traffic lane. Szabo was stopped by Le Roy PD and subsequently arrested.

Booker T. Ricks III, 41, of 7 Chestnut St., Apt. #1, Batavia, is  charged with criminal obstruction of breathing or blood circulation. Ricks was allegedly involved in a domestic incident and is accused of choking a victim.

John W. Williams III, 20, of 8170 Batavia Stafford Townline Road, Batavia, is charged with DWI, driving with a BAC of .08 or greater, improper right turn, uninspected vehicle and unlicensed operator. Williams was stopped at 2:09 a.m., Sunday, on West Main Street, Batavia, by Sgt. Dan Coffey.

Joseph Alan Home, 21, of West 5th Street, Erie, Pa., is charged with unlawful possession of marijuana. Home was stopped for allegedly speeding at 8:35 p.m., Sunday, on Ellicott Street Road, Batavia, by Sgt. Greg Walker. Home was allegedly found in possession of marijuana.

Raymond Kyle Jonathan, 23, of Bloomingdale Road, Alabama, was arrested on bench warrants related to charges of DWI, driving with a BAC of .08 or greater and aggravated unlicensed operation. Jonathan was arrested at his place of employment in Clarence and jailed on $250 cash bail or $1,000 bond.

Miguel Angel Valencia, 37, of Halfianen Street, Grand Junction, Colo., was arrested as a fugitive from justice. Valencia was an inmate at the Buffalo Federal Detention Center in Batavia. Valencia is wanted in California on a child molestation charge. Valencia was arraigned and jailed without bail awaiting extradition.

Jerrell Jordan Travis Jones, 24, of North Spruce Street, Batavia, was arrested on a warrant for alleged failure to pay fine. Jones was arrested upon his release from the Genesee County Jail, where he was held on an unrelated matter. Jones was arraigned on the charge and released.

Robert L. Murray, 36, of Darien, is charged with felony DWI. Murray was stopped by troopers Sunday on Route 5 in Batavia. Murray's BAC was allegedly .15, according to State Police.

Dylan T. Rotella, 19, of Rochester, is charged with unlawful possession of marijuana. A trooper reportedly came upon an unoccupied vehicle with its doors open outside a Batavia business and upon locating and interviewing Rotella, it was determined he allegedly possessed marijuana.

Robert L. Knight, 44, of Rochester, is charged with petit larceny, criminal impersonation and consumption of alcohol in a motor vehicle. Troopers responded Saturday to a report of a subject trying to steal scrap metal from Bergen Auto Recycling. Employees of the business detained Knight briefly until troopers arrived. Upon arrival, troopers determined Knight allegedly hid scrap metal in the trunk of his vehicle. When interviewed, Knight allegedly provided troopers with a false name. He was jailed on $1,000 bail. Robert L. Knight Jr., 18, of Rochester, was determined to be the alleged driver of the vehicle and he was charged with unregistered motor vehicle, uninsured motor vehicle, switched plates, and operating without a driver’s license.

Darien Town Justice Graber sworn in as president of state magistrates association

By Howard B. Owens

Press release:

Town Justice of Darien, the Honorable Gary A. Graber, was sworn in as the president of the New York State Magistrates Association on September 11th during the 103rd Annual Conference and Certified Advanced Training Program of the New York State Magistrates Association held at the Sheraton University Hotel and Conference Center, Syracuse, New York, Sept. 9-12, 2012.

More than 250 local judges from all areas of New York State took part in the four day event, which combines the State Magistrates Association Annual Meeting and Conference with the Advanced Training Courses which are required by New York State for all town and village justices in the Unified Court System.

The Honorable Timothy Cooper, past president and town justice of Evans was the toastmaster for the Intallation Banquet. Honorable Gary Graber was sworn in by his co-judge the Honorable Michael S. Davis.

Among the many in attendance were: President Graber’s father, Donald Graber; brother, Tim Graber; son, Sgt. 1st Class Matthew A. Graber of the Army; daughter-in-law, Capt. Emily Graber of the Army; grandson, Ian Graber; son, Capt. Jason P. Graber of the Virginia Metropolitan Airport Authority Fire Department; and daughter-in-law Kelly Graber. Also recognized for attending the swearing-in ceremonies were Retired Justice Edgar Hollwedel, Retired Justice Charles Dusen, Retired Justice Gary Davis and his wife, Diane.

The keynote speaker at the banquet was Senator John A. DeFrancisco who proudly represents the 50th District in the New York State Senate. During the banquet, Senator DeFrancisco was presented the “New York State Magistrates Association’s Amicus Curiae Award,” which recognizes individuals other than members of the judiciary for extraordinary contributions to the Courts of New York State.

The major purposes of NYSMA are the maintenance and support of the local judiciary through education and coordination with the New York State agencies regarding laws and other matters affecting local courts, “The Courts Closest to The People.” NYSMA works closely with the Office of Court Administration to assure the training enhances the professional development of the judges and is relevant to the practical situations encountered in the local courts.

Presentations over the four-day event were made by the Office of Justice Court Support, City, Town and Village Resource Center, The 5th Judicial District, Peter Gerstenzang, Esq., Onondaga Commissioner of Jurors, Onondaga District Attorneys Office, Commission of Judicial Conduct, Gary T. Kelder, Esq. Professor of Law for the Syracuse University College of Law, Office of Court Administration, NYS DEC Outreach Program, NYS OASAS, many town and village judges, as well as many of our officers and directors of the New York State Magistrates Association.

Submitted photo: Graber, right, is congratulated after being sworn in by Darien Town Justice Michael Davis.

Attorney told to expect upgraded charge against Niagara Falls cop accused of fighting in Darien Lake bathroom

By Howard B. Owens

A Niagara Falls police officer accused of hitting a fellow concertgoer inside a women's room at Darien Lake Performing Arts Center on Aug. 25 could face a Class A misdemeanor charge of assault in the third degree, according to her attorney.

Attorney Norm Effman, out of Warsaw, said he was retained today to represent Kelly L. Alcorn (top photo), a 23-year veteran of the police force, who was initially arrested on a Class B misdemeanor charge of harassment, 2nd.

A woman who claims she was the victim of Alcorn has reportedly contacted the District Attorney's Office requesting more serious charges be levied against Alcorn.

Elizabeth R. Dake, 45, of Farmington, reportedly told the Buffalo News that she suffered a concussion and bruises and that she missed nine days of work as a result of the confrontation.

The fight, according to court documents, appears to have involved at least four women and may have escalated after Dake intervened on behalf of a woman Alcorn was yelling at, according to her statement, for cutting in line.

Dake reportedly told Alcorn to relax and stop yelling.

Alcorn then allegedly turned on Dake and punched her and threw her into a bathroom wall. Dake fell to the ground and Alcorn allegedly began hitting Dake while she was down.

An uninvolved witness reportedly told Deputy Lonnie Nati that Alcorn was "flailing her arms like a windmill throwing wild punches."

Another witness reported seeing Alcorn use a closed fist to allegedly strike Dake.

Also arrested that night was Karen M. Walker, 35, of Niagara Falls, on a charge of harassment, 2nd. Walker allegedly hit another patron who tried to prevent Alcorn from allegedly hitting Dake.

Effman told Darien Town Justice Gary Graber that he was informed today that a new charge of third-degree assault could be filed against his client.

Outside of court, Effman said it's his understanding the investigation is still open, which means Alcorn may yet face a felony charge.

A felony charge, such as assault ,2nd, would likely jeopardize Alcorn's law enforcement career.

Effman said both the prosecution and defense are awaiting medical reports, which will provide details on the seriousness of the alleged injuries and determine the charge to file against Alcorn.

Assault, 3rd, requires only injury to the victim and assault, 2nd, requires serious physical injury.

Today, hours prior to Alcorn's appearance in Darien, District Attorney Lawrence Friedman said no decision has been made yet on what charges Alcorn may face.

In court, while waiting for her case to be called, Alcorn sat with Walker. After her case was over, Alcorn waited for Walker's case to be heard -- Walker also pled not guilty -- and the two women left the courthouse together.

Alcorn is scheduled to reappear in Darien Town Court on Oct. 23 and Walker on Sept. 25.

Asked if there are two sides this story as there are to every story, Effman said, "There’s always three sides to every story. It depends on how many people and how they view events. We don’t really know what’s going to happen. We haven’t seen any medical evidence. We’re simply at the beginning of the process. We’ve entered a plea of not guilty and that’s our position."

GCC Spring 2012 Dean's List honorees

By Billie Owens

Genesee Community College named 633 students to Spring 2012 Dean's List. Students earned a quality point index of 3.50-3.74.

This year's honorees, with their hometowns, are listed below:

Basom

Staci Casper
Andrew Greene

Bergen

Ashley Spangenburg
Jason Birch
Luke Stacy
Amanda-Kay Sands
Jeanette Menzie
Garrett MacDonald

Byron

Reed Olmstead
Morgan Midwick
McKenna Downey
Charlotte Donahue

Corfu

Laura Holovics

Darien Center

Michelle Waldo
James Odell

Elba

Lauren Hughes

Le Roy

Corrie Doeller
Debra McKnight
Rachael Panepento

Oakfield

Alyssa Esola
Cady Glor
Zaneb Silmi
Katie Engle

Pavilion

Jamie Haentges
Taylor Lafferty
Sydney Case
Sarah Nugent



Genesee Community College offers more than 60 academic programs and certificates, including the brand new Veterinary Technology A.A.S. degree and Polysomnographic Technology A.A.S. degree, (the study of sleep disorders).

Genesee is accessible through seven campus locations throughout Western New York in Albion, Arcade, Batavia, Dansville, Lima, Medina, and Warsaw, as well as through online classes in the Distance Learning program.

College housing is available at College Village, just a three minute walk from the Batavia Campus. With small class sizes and state-of-the-art technology both inside and outside of the classroom, Genesee Community College is known for being 'high-tech' and 'high-touch'. Find out more at www.genesee.edu.

Victim seeks felony charges against off-duty cop from Niagara she says assaulted her at Darien Lake

By Howard B. Owens

UPDATED Tuesday, 8:36 a.m. with additional info from Sheriff's Office press release.

A Finger Lakes-area woman has reportedly written the District Attorney's Office and requested charges against a woman arrested at the Aug. 25 Jason Aldean concert be upgraded to a felony.

The suspect, 47-year-old Kelly Alcorn, is a 23-year veteran of the Niagara Falls Police Department, according to the Buffalo News.

Alcorn, of Town Hall Terrace West, Grand Island, was arrested at the concert for second-degree harassment, but Elizabeth Dake, 45, in a letter she sent to the News, describes a more serious attack.

Dake said she suffered a concussion and bruises and she missed nine days of work.

According to the News article, Dake accuses Alcorn of slamming her into a cement wall, punching her in the head, neck, arm and back.

A Sheriff's Office press release alleges that Alcorn punched a female in the face several times. Alcon was issued an appearance ticket returnable to Darien Town Court at 5 p.m. today.

Niagara Falls Police Superintendent John R. Chella said the department is awaiting a determination on whether the charges will be upgraded. A felony charge could cost Alcorn her job.

Full Story from the Buffalo News.

Ten arrests at KISS concert at Darien Lake

By Howard B. Owens

The following people were arrested by the Genesee County Sheriff’s Department during the KISS concert at Darien Lake Performing Arts Center on Saturday.

Traci L. Bartlett, 43, of Beach Road, Syracuse, is charged with harassment, 2nd, and resisting arrest. When deputies attempted to arrest Bartlet she allegedly physically resisted being taken into custody. After being transported back to the security trailer, Bartlett allegedly kicked an officer that was walking past her. Bartlett was jailed on $500 bail.

Pamela Loughridge, 44, of Buffalo Street, Churchville, is charged with of harassment, 2nd, after allegedly fighting with a security guard. Loughridge allegedly bit the security officer and hit him in the throat. Loughridge was jailed in $250 bail.

Wes R. Schraufstetter, 39, of Niagara Street, Buffalo, is charged with of disorderly conduct. Schraufstetter allegedly engaged in disruptive and threatening behavior which was directed toward security officers and deputies. Schraufstetter was jailed on $250 bail.

Kyle J. Burdick, 23, of North Lyon Street, Batavia, is charged with of disorderly conduct. Burdick allegedly engaged in disruptive and threatening behavior which was directed toward his girlfriend, security officers and deputies. Burdick was jailed on $250 bail.

Bryan J. Sheridan, 31, of Reddick Lane, Rochester, is charged with trespass for allegedly refusing to leave the concert venue after being told to leave on several different occasions.

John A. Williams, 45, of 32nd Drive, Queens, is charged with trespass after allegedly jumping a fence in order to gain access to the concert venue.

Tracy A. Piller, 35, of Euclid Avenue, Bradford, Pa., is charged with trespass after allegedly refusing to leave the concert venue after being told to leave on several different occasions.

Brett M. Ferrington, 26, of Route 39, of Chaffee, is charged with of disorderly conduct. Ferrington allegedly engaged in disruptive and threatening behavior which was directed toward both security officers and deputies.

Michelle L. Shimburski, 24, of Genesee Street, Chaffee, is charged with of disorderly conduct. Shimburski allegedly engaged in disruptive and threatening behavior which was directed toward both security officers and deputies.

Michael J. Discipio, 43, of Bernhardt Drive, Amherst, is charged with of disorderly conduct. Discipio allegedly engaged in disruptive and threatening behavior which was directed toward both security officers and deputies.

Joint agency DWI checkpoint at county line on Route 77 nets three arrests

By Howard B. Owens

On Saturday, concurrent with the Zac Brown concert at Darien Lake, members of the State Police, Genesee County Sheriff's Office and Wyoming County Sheriff's Office conducted a joint DWI checkpoint on Route 77 at the county border.

The following arrests were made:

Timothy K. Toper, 26, of Newburn, NC, was charged with unlicensed operation, felony DWI and felony aggravated unlicensed operation. Toper allegedly tested for a .15 BAC. Toper allegedly tried to evade the checkpoint. He was arraigned in Darien Town Court and committed to the Genesee County Jail.

Elizabeth L. Gugino, 37, of Angelica, is charged with DWI. Gugino allegedly had a BAC of .11. Gugino was arraigned in Town of Bennington Court and released.

Paul S. Martinez, 33, of East Aurora, is charged with DWI and refusal of a breath test. Martinez was arraigned in Town of Bennington Court and released.

Law and Order: Alleged shoplifter accused of threatening Walmart employees with a knife

By Howard B. Owens

Andrew Zimba Perdock, 25, of 17 Holland Ave., lower, Batavia, is charged with petit larceny. Perdock is accused of shoplifting from Tops. He is also charged with menacing, 2nd, and attempted petit larceny. Perdock was observed allegedly putting merchandise in a backpack while inside Walmart. After Walmart were alerted to the situation, Perdock reportedly removed the items from the backpack. Perdock allegedly displayed a knife with the blade showing while in the presence of Walmart employees.

Brian J. Lambert, 30, of 1 Prune St., Batavia, is charged with petit larceny and trespass. Alert Cedar Street residents spotted a suspicious vehicle pull behind Arctic Refrigeration and observed an individual allegedly stealing scrap metal. Lambert was later located at his residence and the allegedly stolen property was recovered and returned.

Alexis A. Czaja, 30, no permanent address, is charged with petit larceny. Czaja is accused of shoplifting from Tops.

Kristine Szumigala, 38, of 260 Ross St., Batavia, is charged with petit larceny. Szumigala is accused of shoplifting from Dollar General.

Samantha A. Bowles, 22, of 33 Williams St., Batavia, is charged with disorderly conduct and resisting arrest. Batavia PD officers received a report of loud noise coming from a residence on Williams Street. On call back, the person making the complaint reported a physical altercation. Upon arrival, officers made contact with Bowles, who was described as agitated and irate. Bowles reportedly pushed past officers during questioning. Bowles reportedly physically struggled with officers while being taken into custody.

Steven N. Utter, 26, of Route 96, Waterloo, and Cory A. Miles, 34, of County Line Road 13, Shortsville, are charged with criminal possession of a controlled substance, 7th, and criminal possession of a hypodermic instrument. Utter and Miles were arrested following an investigation by Deputy Brad Mazur and Deputy Jason Saile into a suspicious vehicle at Wilson Farms on South Lake Road, Pavilion. Both men were jailed on $2,000 bail.

Joseph C. Wind, 42, of Horseshoe Lake Road, Stafford, is charged with grand larceny, 4th. Wind is accused of stealing $4,000 cash while employed at The Home Depot.

Brandy R. Douglas, 33, of South Main Street, Elba, is charged with petit larceny. Douglas is accused of shoplifting $48 in merchandise from Target.

Patrick D. Moore, 34, of Strouts Road, Elba, is charged with petit larceny. Moore is accused of shoplifting $29.99 in merchandise from Target.

Brett M. Doran, 21, of East Main Street, Le Roy, is charged with obstruction of breathing and harassment, 2nd. Le Roy PD responded to a report of a disturbance where a female was heard screaming to stop choking her. Doran is accused of kicking the female in her face and choking her during an argument. Doran was jailed on $500 bail.

Kyle Andrew Bilby, 22, of North Pearl Street, Oakfield, and Adam Andrew Dixson, 22, of Cary Avenue, Oakfield, are charged with criminal possession of marijuana, 5th. Bilby and Dixson were arrested after Deputy Patrick Reeves stopped to check on a suspicious condition at St. Cecillia Cemetery and allegedly found the defendants smoking, and in possession of, marijuana.

Darrel D. Smith, 56, residence not listed, is charged with criminal possession of a controlled substance, 7th, and DWAI. Smith was stopped by State Police at 3:16 a.m., Saturday, on Route 77, Darien.

Traffic congestion minimal prior to sold out Zac Brown concert at Darien Lake

By Howard B. Owens

At 5:30 p.m., traffic entering Darien Lake for the Zac Brown Band concert Saturday night moved briskly and the lines on Route 77 from both the north and south were less than a half-mile long.

That wasn't the case two weeks ago for the Jason Aldean concert, when all of the roads around the concert venue were heavily congested and it took some patrons hours to get into the parking lot.

Traffic didn't clear until nearly 8 p.m. that night.

Last night, by 7 p.m., there were no cars waiting in line to enter the facility.

"We left our hotel at 7 and were in the park grounds by 7:15," said Syracuse resident Shannon Coholan.

Several other Zac Brown Band fans shared similar stories. None of the concertgoers interviewed Saturday said they experienced any kind of delay entering the venue.

"So far, this is a million times better," said Ashlee Miller, of West Seneca, who attended the Aldean concert. "There is probably triple the people directing traffic.  Everything was a million times easier. Walking in right now, a million times easier. It was horrible last time."

Officials were also pleased with the results, which they attributed to adjustments by the Sheriff's Office and Darien Lake in how traffic was directed and changes in access points.

A polite, mature and well-behaved group of concertgoers also helped make things go smoother, officials said.

Asked for his assessment on the inbound traffic situation, Chief Deputy Gordon Dibble said, "Outstanding."

"We were worried because once again, traffic didn't come in early," Dibble said. "You would think you would have a last-minute rush, but it cleared up fast. It cleared out by 7. That's just outstanding. There is no other way to put it."

Gerald Rakestraw, VP of development for Darien Lake's owner, Herschend Family Entertainment, said there were several adjustments made by park officials following the Aldean concert.

He described the changes as:

  • Active inbound traffic management from the toll booths to the checkpoint;
  • Allowing inbound traffic through the performing arts center exit to relieve congestion as needed;
  • A defined and communicated plan for taxis, limos and parental drop-offs;
  • More staff directing traffic;
  • Further reducing pedestrian traffic at the area known as "the crossover."

"The crossover" is a two-lane roadway that flows east and west and crosses the north and southbound Employee Road. It's a main connector between the front entrance on Route 77 and the grass lots on the east side of the property.

Keeping Employee Road clear of inbound concert traffic, including VIP parking and pedestrians, allows the crossover to flow more consistantly and evenly. 

In the past, when the private parking lots on Sumner Road were open, the crossover was usually heavily congested with both cars and pedestrians. 

At the end of concerts back then, the crossover couldn't even be used for outbound traffic until more than an hour after a concert ended because of heavy pedestrian traffic exiting to the private lots.

Yesterday, the only private lot operating was Cherry Hill Campground and there was a minimal amount of traffic coming from the lot to the concert.

Afternoon rain may have kept many Zac Brown fans from attending the show earlier, but the late arrivals helped Darien Lake officials test their new parking plan.

Rakestraw said the learning process is ongoing and officials will continue to evaluate the process and make adjustments as needed.

"Tonight was a good night," Rakestraw said. "I think we’ve been able to learn from our experiences thus far and we did some things to facilitate a quicker parking experience."

He said the plan used for Zac Brown was built around providing "relief valves" to move traffic to alternate routes when congestion started to build.

"If we have a 22,000-person show and people choose to all come at the same time, there is going to be some level of back-up," Rakestraw said. "We encourage people to come earlier in the day and enjoy the park or enjoy themselves with their friends. It worked out well today, even with the weather."

Eight arrests, six for trespass, and 14 underage drinking citations at sold out Zac Brown concert

By Howard B. Owens

The following people were arrested at the Zac Brown Band concert at Darien Lake Performing Arts Center on Saturday.

Anthony M. Cipoletti, 22 of Neal Road, Endicott, is charged with trespass after allegedly refusing to leave the concert venue when told to leave on several occasions. Cipoletti was arraigned and jailed on $250 bail.

Chris R. Daily, 26 of Lyman Street, Brockport, is charged with trespass after allegedly refusing to leave the concert venue when told to leave on several occasions. Daily was arraigned and jailed on $250 bail.

Michelle M. McCloskey, 28 of Common Road, Angellica, is charged with trespass after allegedly refusing to leave the concert venue after being told to leave.

Daniel J. Broderickage 19 of Grandview Avenue, White Plains, is charged with trespass after allegedly refusing to leave the concert venue after being told to leave.

Elise M. Stegalage 28 of Green Gate Circle, East Amherst, is charged with trespass after allegedly refusing to leave the concert venue after being told to leave.

Beau J. Payneage 21 of Ditch Road, Gasport, is charged with harassment for allegedly striking a security guard as the guard was attempting to break up a fight inside the concert venue.

Francesco Gaetano, 20 of Shorecliff Drive, Rochester, is charged with possession of a fictitious drivers license.     

The following people received citations for allegedly possessing or consuming alcohol under age 21.

Alexandra J. West, 19, of Caywood Drive, Fairport
Jennifer R. Papich, 20, of Bruno Drive, Indianola, Pa.
Rachel C. Lemoine, 19, of Middlebury Road, Webster
Mark A. Cuitan, 19, of Hyacinth Street, Westbury
Daniel C. Grossi, 19, of Taft Avenue, Lynbrook
Jesse D. Rohing, 20, of Hess Road, Appleton
Marhall E. Rohing, 18, of Hess Road, Appleton
Brendan A. Provensano, 20, of Hinsdale Drive, Niagara Falls, Ontario, Canada
Patrick A. Jones, 19, of Patricia Drive, Tonawanda
Ryan E. Kaufman, 19, of Park Haven Drive, Amherst
Zachary D. Halor, 20, of Dawn Avenue, Angola
Katie M. VanDusen, 20, of Berehaven Street, Amherst
Nicole M. Vendetti, 20, of Northwood Drive, Rochester
Daniel J. Broderick, 19, of Grandview Avenue, White Plains

Law and Order: Buffalo man accused of passing fake 50s and trying to eat the evidence

By Howard B. Owens

Larry J. Jones, 35, of Hamlin Street, Buffalo, is charged with criminal possession of a forged instrument, 1st, a Class C felony, and tampering with physical evidence, a Class E felony. Jones allegedly tried to buy French fries at Darien Lake Amusement Park using a fake $50 bill. An employee suspected the bill of being counterfeit and notified security. Jones allegedly produced a large number of $50 bills also believed to be counterfeit. While being transported to the security trailer, Jones allegedly tried stuffing additional fake $50 bills he possessed in his mouth and eating them. Security officers were able to prevent consumption of the bills and, though damaged, they were also determined to be allegedly counterfeit. Jones was jailed without bail. The case was investigated by Deputy Patrick Reeves and Investigator Kris Kautz.

Shawn Anthony Suarez, 23, of Bernhardt Drive, Snyder, is charged with unlawful possession of marijuana. Suarez is accused of possessing marijuana at a concert at Darien Lake on Aug. 29. Also charged was Samantha Lee Jindra, 18, of Westminster Road, West Seneca.

Antonio Velazquez-Hernandez, 25, of Oak Orchard Road, Albion, is charged with DWI, driving with a BAC of .08 or greater, reckless driving, driving left of pavement markings, failure to keep right, no signal, unlicensed operator. Velazquez-Hernandez was stopped at 2:50 a.m., Sunday, on Route 98 in Batavia by Deputy Howard Carlson. Velazquez-Hernandez was also allegedly in the United States illegally and was turned over to the U.S. Border Patrol.

Law and Order: Pavilion man accused of sexually abusing child years ago

By Howard B. Owens

Timothy J. Petrie, 41, of Telephone Road, Pavilion, is charged with one count of sexual abuse, 1st. Petrie is accused of sexually abusing a child under age 11 at his house several years ago. Following an investigation by Deputy Matthew Fleming with assistance from Deputy Matthew Butler, Deputy Cory Mower and Investigator Roger Stone. Petrie was arrested Aug. 24 and arraigned in Town of Pavilion Court and released under supervision of Genesee Justice. UPDATE: In July 2013, a jury acquitted Petrie on all counts.

A 16-year-old resident of Warsaw is charged with petit larceny. The youth was arrested at 6:35 p.m., Thursday, by State Police in the Town of Darien.

Christian M. Hilken, 21, of Pike Road, Batavia, is charged with unlawful dealing with a child. Hilken is accused of hosting an underage drinking party on Wednesday evening.

Henry Lee Banks, 42, of South Main Street, Batavia, is charged with petit larceny. Banks is accused of stealing scrap metal from a business on Orchard Street, Oakfield.

Law and Order: Driver whose car struck parked truck in Le Roy charged with DWI

By Howard B. Owens

Kyle W. Nash, 25, of 7 Myrtle St., Le Roy, is charged with DWI, driving with a BAC of .08 or greater and felony aggravated unlicensed operation. Nash was involved in a motor vehicle accident Tuesday night in the area of 76 North St., Le Roy. Nash was reportedly looking for an item inside the vehicle and his car veered to the right and struck the rear of a tractor-trailer parked alongside the roadway. Two passengers in the vehicle were transported to area hospitals with non-life-threatening injuries. Following arraignment, Nash was jailed on $5,000 bail.

David Bruce Piechowicz, 36, Eagan Drive, Lackawanna, is charged with trespass. Piechowicz allegedly went to the home of his ex-girlfriend after being told to stay away.

James J. Angelo, 48, of Churchville, is charged with DWI and driving with a BAC of .08 or greater. Angelo was stopped by State Police on Route 77 in the Town of Darien at 12:05 a.m., today.

Reuben L. Bumpus, 29, of Newark, is charged with DWI and driving with a BAC of .08. Bumpus was stopped by State Police in the City of Batavia, at 12:35 a.m., today.

Walter L. Knickerbocker, 54, of South Street, Pavilion, is charged with unlawful growing of cannabis. Knickerbocker was arrested by State Police at 12:45 p.m., Tuesday. No further details were released.

A 14-year-old from Albion is charged with petit larceny after being arrested by State Police for allegedly shoplifting at Kmart on Tuesday. No further details were released.

Kelvin B. Murphy, 39, of Batavia, is charged with criminal trespass, 2nd, and second-degree harassment/physical contact. Murphy was arrested by State Police Tuesday for an alleged incident reported at 1:01 a.m. in Oakfield. He was ordered held in jail, no bail information given in the report. No further details released.

Eight arrests, 23 people accused of possessing marijuana, at Uproar concert at Darien Lake

By Howard B. Owens

The following people were arrested Wednesday by the Sheriff's Office during the Uproar Rockstar Energy Drink Concert at Darien Lake Performing Arts Center.

(Redacted upon request), 44, of Owens Street, Corning, is charged with trespass after allegedly refusing to leave the concert venue after being told to leave several times. xxxx was arraigned in Darien Town Court and remanded to jail in lieu of $100 bail.

Tyler W. Seneca, 27, of Route 438, Irving, is charged with disorderly conduct and resisting arrest after allegedly throwing items at deputies and physically refusing to be taken into custody. Seneca was arraigned in Darien Town Court and remanded to jail in lieu of $500 bail.

Deanna L. Russo, 39, of Lake Road, Webster, is charged with harassment, 2nd, and three counts of criminal possession of a controlled substance, 7th, after allegedly striking a security guard while being ejected from the venue and was then found to have possessed a quantity of three different controlled prescription drugs. Russo was arraigned in Darien Town Court and remanded to jail with no bail.

Gregory J. Brown, 35, of Louth Street, St. Catherines, Ontario, Canada, is charged with DWI and with a BAC of .08 or greater after allegedly operating a motor vehicle while intoxicated on a public walkway outside the concert venue. Brown was arraigned in Darien Town Court and remanded to jail in lieu of $250 bail.

Jeffrey J. Logal, 30 of Virgil Avenue, Buffalo, is charged with harassment, 2nd, after allegedly pushing and then grabbing a concert usher.

Stephanie N. Nonnemacher, 27, of Cedar Wood Terrace, Rochester, is charged with unlawful possession of marijuana and criminal possession of a controlled substance, 7th.

Jeffrey R. Mason, 21, of Linden Street, Cheektowaga, is charged with unlawful possession of marijuana and criminal possession of a controlled substance, 7th.

Timothy J. Slotta, 35 of Long Hallow Road, Turtle Point, Pa., was arrested on a warrant out of Cattaragus County for an alleged violation of probation.

The following people were issued appearance tickets for alleged unlawful possession of marijuana:

Albert A. Garcia, 48, of Dudley Avenue, Niagara Falls
Jordan P.Powell, 24, of Eagle Street, Medina
Sherie R. Seefeldt, 31, of Eagle Street, Medina
Kayla R. Tubinis, 21, of 86th Street, Niagara Falls
Reuben P. Satarian, 24, of Joanne Circle, Niagara Falls
Kelly L. Dale, 43, of Dowland Crescent, Burlington, Ontario, Canada
Daniel L. Aldrich, 39, of Hinman Road, Little Valley
Brandon J. Wyatt, 29, of Fawn Avenue, Salamanca
Kyle R. Gehrek, 24, of Westchester Boulevard, Kenmore
William R. Whaley II, 30, of Stone Road, Rochester
Broc W. Vanskiver, 25, of State Route 227, Burdett
Tyler P. Renaldo, 21, of Shirley Road, North Collins
Ian M. Brennan, 25, of Park Avenue, Lockport
Ryan S. Buczkowski, 19, of Castlewood Drive, Cheektowaga
Robert M. Souter, 39, of West Avenue, West Seneca
Steven R. Maskell, 19, of North Byron Road, Elba
Elliot P. Arnold, 25, of Terry Street, Byron
Gala K. Tubera, 19, of Oliver Street, Rochester
Harrison C. Delatante, 20, of Oliver Street, Rochester
Matthew R. Meiser, 23, of Newberry Lane, Lancaster
Justin J. Holler, 23, of Swamp Road, Cattaraugus

The following individuals were issued citations for alleged possession of alcohol under age 21.

Kerry R. Meissner, 19, of Bernadette Circle, Niagara Falls, Ontario, Canada
Richard I. Fancher Jr., 18, of Pine Street, Franklinville

Law and Order: Employee accused of stealing more than $7K from scrap metal company

By Howard B. Owens

Richard Russell Vetter, 57, of Main Street, Varysburg, is charged with grand larceny and 10 counts of falsifying business records. Vetter is accused of making false metal purchase entries into business records while employed at Stanley Staba & Sons in Darien and writing himself checks in excess of $7,000.

Brian Mark Mahaney, 24, of Indian Falls Road, Pembroke, is charged with reckless endangerment. Mahaney is accused of being involved in a domestic dispute. He allegedly drove a motor vehicle eastbound on Indian Falls Road, crossed the center line into the path of a westbound vehicle. The westbound vehicle reportedly had to drive off the pavement to avoid a collision. Mahaney then allegedly followed the vehicle to a residence and threatened to fight the vehicle's occupants.

Thomas Jacob Wolcott, 26, of West Main Street Road, Batavia, is charged with criminal contempt, 1st, and harassment, 2nd. Wolcott is accused of being involved in a physical altercation with a protected person whom he was ordered not to engage in any criminal act against. He allegedly grabbed the victim by her neck and threw her about a room. Wolcott was jailed on $2,500 bail.

Steven James Scott, 21, of Dellinger Avenue, Batavia, is charged with DWI, driving with a BAC of .10 or greater, open container and unlawful possession of marijuana. Scott was taken into custody following a report at 8:36 p.m., Tuesday, of a motorist needing assistance on Route 33 in Bergen. The motorist reportedly attempted to flag down passing cars. Upon investigation, deputies Joseph Graff and Matthew Butler identified Scott as the operator of a motor vehicle who was allegedly driving while drunk.

Triton Adam Drock, 18, of Buell Street, Batavia, is charged with endangering the welfare of a child and sexual abuse, 2nd. Drock allegedly had an ongoing relationship with a minor female. Drock is accused of acting in a manner injurious to the physical and moral welfare of a minor. Following arraignment in Darien Town Court, Drock was released on his own recognizance and issued a stay-away order for the minor female.

Possible serious injury accident at Route 20 and Harlow Road, Darien

By Howard B. Owens

A possible serious injury accident is reported in Darien at Route 20 and Harlow Road.

Darien Fire Department and Mercy EMS are being dispatched.

Mercy Flight is available if needed.

UPDATE 10:01 a.m.: Mercy Flight on in-air standby. There may be as many as four people injured. Unknown how many are trapped in vehicles.

UPDATE 10:06 a.m.: First chief on scene reports all occupants out of the vehicle. Only minor injuries. Mercy Flight is cancelled.

UPDATE 11 a.m.: At least one patient being transported to UMMC. Some fire units back in service. Some personnel on scene to help with traffic until vehicles moved.

UPDATE 11:03 a.m.: All units back in service.


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Kinks to work out, but officials pleased with results after first big test for new policy at Darien Lake

By Howard B. Owens

Saturday was the first big test for a new pedestrian access policy at Darien Lake and while officials are satisfied with the results overall, they admit there are some kinks to work out.

On the positive side, officials said, traffic control after the concert was much better than used to be expected for a sold-out concert.

On the negative side, there was some confusion over what to do with taxis, how to handle passenger drop-offs and dealing effectively with people trying to circumvent the policy.

Cherry Hill Campground was open for concert parking and apparently tried to establish a private vehicle shuttle service for its patrons. 

Part of the terms of service now for ticket holders is there is only one vehicle entry and one vehicle exit per person and you must have a valid ticket to come onto the property.

Drivers of cars observed coming off The Hill were threatened with arrest for criminal trespass when they were observed coming in through Employee Road and then leaving immediately.

Many of the dozens of people who tried to walk in through Employee Road managed to bum rides from other concertgoers in cars. Of course, they became pedestrians after the concert trying to exit the venue on Employee Road.

Those people were told either to walk to the main gate to leave or to the exit point at the east side of the property.

Officials wanted to keep Employee Road open for vehicle traffic, so a strict no-pedestrian rule was enforced.

"The overall objective is just to make the traffic flow smoother and just create a safer environment for our guests," said Darien Lake General Manager Bob Montgomery. "To that extent, it’s working. If we’ve got a few little leaks here and there, we’ll correct them were we can. If people are really working hard to beat the system, I guess they can if they think it’s really worth all the effort."

Some issues will just work themselves out, Montgomery said, as guests become more familiar with the new system and fewer of them are willing to hassle with private lot parking.

From just before 5 p.m. until shortly after 8 p.m., vehicle traffic to Darien Lake was gridlocked from both the south and the north.

While some concertgoers blamed the new parking policy for the stop-and-go entry, Chief Deputy Gordon Dibble, of the Sheriff's Office, said he doesn't see the connection.

"We've had traffic being backed up in the past when the private lots were open, so I don't see that being the issue," Dibble said.

What surprised authorities, Dibble said, was how relatively few concertgoers started arriving at noon or one o'clock.

Typically, a Saturday concert attracts a lot of early arrivals, and this show didn't for some reason. Many people waited until later in the afternoon to arrive, which meant more people trying to drive in closer to showtime.

Dibble said he spoke to some patrons prior to the show who said they expected other concertgoers to come early, so they decided to come late.

There also seemed to be a higher number of concertgoers coming from the south of Darien.

"There’s something about this place," Dibble said, "that no matter how long you work out here, when you think you’ve got it figured out, there’s just something to do with who the band is, whether they're drawing from the Rochester market, the Syracuse market, the Canadian market, that makes a little different pattern. To a degree it’s unpredictable, it really is."

The worst traffic-related incident prior to the show occurred just before 8 p.m. when the passenger of a vehicle stuck in traffic jumped out of the car and ran into the path of a motorcycle heading south.

Jessica Freeman, 23, of Rochester, suffered head and facial injuries and is in critical condition at ECMC, where she was flown by Mercy Flight.

Prior to the show, concertgoers turned away at Employee Road were clearly frustrated, some of them, but didn't hassle police or security about the policy.

One group of three young men did manage to talk their way onto Employee Road and enter the venue.

Apparently, they had bought their tickets and made their reservations at Cherry Hill Campground in June. After the new policy was announced, one of them had an email exchange with officials at Darien Lake and was told, incorrectly by somebody, that they would be allowed to walk onto the property.

Gerald Rakestraw, VP of development for Darien Lake's owner, Herschend Family Entertainment, was at property Saturday both observing and supervising implementation of the new policy.

He snapped an iPhone picture of the young man's email and then allowed the trio to walk up Employee Road into the venue.

The biggest conflicts of the night came after the concert was over and some people tried to exit the venue on Employee Road.

Rakestraw had predicted some 500 people would try to leave via Employee Road -- far fewer than the thousands walking out in concerts past.

The actual number of pedestrians trying to leave on Employee Road was probably far fewer than 500.

Most were cooperative when told to head in another direction.

One gentleman who was highly intoxicated got lost in the employee parking lot (which was used for regular guest parking last night).

Two people were arrested after apparently wearing out their welcome, so to speak, arguing with deputies about the pedestrian policy.

Rebecca A. Pickem, 25, of Olive Drive, Baldwinsville, discussed the situation with a couple of different cops, went round and round with Sgt. Tom Sanfratello. After several minutes of discussion, Sanfratello told her to leave or she'd be arrested.

Her alleged reply: "I guess you'll have to arrest me," which at that point became a refusal to follow an officer's order, so she was arrested.

Her companion, Tyler A. Vincent, 24, of Olive Drive, Baldwinsville, wouldn't leave and was also arrested.

Reportedly, Pickem and Vincent had parked their vehicle more than two miles from the concert facility and were apparently concerned about how to get back to their car.

The thing is, if Pickem and Vincent had been a little more patient, they were two minutes away from a cab ride to their car.

Sgt. Steve Mullen had called a cab for them.

There was another group of young ladies, four of them, who were stranded at the park. They were reportedly staying at the Attican Motel. The Attican charged them $20 for a shuttle ride to and from the show, according to Mullen. When the driver dropped them off, he reportedly informed them the shuttle might not be available for a ride back to the hotel.

When the women called the motel, they were reportedly told the van had broken down (Note, I was on Employee Road when I saw the van, with Attican Motel written on it, pull into the parking area).

Mullen called a cab for the young ladies and escorted them out to Sumner Road and waited with them for the cab.

By the time Mullen returned to bring Pickem and Vincent to their cab, they were already in custody.

While all of this was going on, there was a young Canadian woman in full agitation mode, running around from one cop or security guard to another yelling at them, hurling insults and threatening to call the Canadian Embassy.

Deputies said she had been difficult to deal with prior to the concert when she tried to walk into the venue.

After the show, she claimed her "bestfriend" had gotten separated from her and her other friend during the concert, three hours prior to her first notifying law enforcement.

She gave three different ages for her missing friend and changed the clothing description.

Any time an official would try to ask her questions about her friend and their travel plans, she would just start yelling again.

She also claimed she wanted to walk out of the facility, but continued to yell at deputies for not doing more to find her friend.

At one point, she yelled at a deputy, "I hope your daughter gets raped some day."

There was another young woman from Canada who was also missing her travel companion, another young woman. She was calm, but clearly worried about her friend.

At 1:30 a.m., Darien Lake security officials were still involved in trying to help both young women locate their friends.

At 1:30 a.m., all Darien Lake parking lots were empty, which under normal sold-out concert nights was at least an hour earlier than might be expected.

Dibble said with Sumner Road free of traffic from private lots, it was much easier to get cars out of the parking lots. Both lanes of Sumner Road could be used for traffic leaving the facility. If not for a couple of minor accidents on Sumner Road, patrons would have gotten out even quicker.

While there were 15 arrests at the concert, the majority of them were related to the new policy, such as three people accused of climbing the new fence to try and gain access to the property.

I spent two hours at the entry gate known as "South PAC," where concert security will bring any unruly patrons for deputies to deal with and potentially arrest or release. South PAC is normally bustling with activity during a concert. During the two hours I was there, not one patron was escorted from the concert.

Batavia resident Carrie Hylkema, who's attended several country shows at Darien Lake, was at the show Saturday as a volunteer for a beer concession set up to raise money for Batavia Ramparts.

She said the atmosphere Saturday was very different from any country show she had ever attended at Darien Lake.

She said concertgoers were much less aggressive than she's seen in the past.

"A lot of times we come driving in, whether we’re working the concert or just going to the concert, you can see it’s out of control before you even come into the gates," she said. "It just seemed more managed tonight. My husband I both commented tonight that it just seemed more in control."

Some of the explanation for the mellower atmosphere, Dibble said, is the fact that so many people came later to the show, got caught in traffic, and had less time to get intoxicated in the parking lot before the concert.

"I’d like to think the underage drinking work that we’ve been doing is paying off, too," Dibble said.

There were 48 underage drinking citations issued Saturday, which is far fewer than have been issued at big country concerts over the past two seasons.

Among the kinks in the system Saturday was what to do with taxi cabs. The plan was, officials said, to only allow cabs into a designated area after 10 p.m. -- for pick up only, not for drop off. But cabs were entering the facility prior to the show.

There was also some confusion over how parents dropping off concertgoers were to enter and leave the facility.

Montgomery acknowledged he and his staff are going to need to figure out these issues for future concerts.

"What we'll do with the team here is, we'll meet again tomorrow and kind of put those issues on the table," Montgomery said. "There's nothing big, nothing that would be a big concern. You're right about the issue with taxis and where do we place them. We want to go back specifically and address that. That's one of the issues that stood out."

Traffic entering the venue, heading toward the main gate, backed up on Sumner Road, with a group of pedestrians in the distance getting into a passenger vehicle offering them a lift.

Pedestrians being told they would not be allowed to walk into the venue.

This vehicle came down off The Hill and is heading toward the main gate.

A trio of concertgoers (third person already in the back seat) get a lift into the venue.

A vehicle that had allegedly previously come off The Hill and delivered concertgoers into the venue gets a trespass warning, and would not be allowed in with another group.

Another driver allegedly issued a trespass warning.

This gentleman was eventually allowed to walk on Employee Road and into the venue after displaying an email from Darien Lake saying that he would be allowed in on foot.

Subject taken into custody after allegedly refusing a police officer order to leave the facility.

Concertgoers party in a 1968 stretch Checker Cab.

A reportedly highly intoxicated individual is taken into custody, charged with disorderly conduct, after allegedly causing a disturbance in a parking lot at about 11 p.m.

This photo submitted by a reader. One concertgoer decided to drive his tractor to the show.

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