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Sentencing options for Ronald J. Wendt

By Howard B. Owens

When 25-year-old Ronald J. Wendt, convicted Monday of aggravated vehicular homicide and 10 other charges, is sentenced Nov. 15, Genesee County Judge Robert C. Noonan will have a range of sentencing options.

Under statute, each felony and misdemeanor carries its own sentencing guidelines, but all of the sentences will likely be served concurrently.

Here are the charges and sentencing options:

  1. Driving While Intoxicated as a misdemeanor: 1 year maximum;
  2. Driving While Intoxicated, per se, as a misdemeanor (i.e., driving with a BAC of .08 or greater): 1 year maximum;
  3. Vehicular Manslaughter, 2nd, a Class D felony: 1 to 3 years, minimum; 2 1/3 to 7 maximum;
  4. Aggravated Vehicular Homicide, a Class B felony (referred to as the "top count"): 1 to 3 minimum, 8 1/3 to 25 years maximum;
  5. Manslaughter, 2nd, a Class C felony: 1 to 3 minimum, 5 to 15 maximum;
  6. Vehicular assault, 2nd, a Class E felony: 1 to 3 minimum, 1 1/3 to 4 years maximum;
  7. Aggravated Vehicular Assault, a Class C felony: 1 to 3 minimum, 5 to 15 maximum;
  8. Assault, 2nd, a Class D felony: Minimum 2 years, maximum 7 years;
  9. Vehicular Assault, 2nd, a Class E felony: 1 to 3 minimum, 1 1/3 to 4 years maximum;
  10. Assault, 2nd, a Class D felony: Minimum 2 years, maximum 7 years;
  11. Assault, 3rd, a misdemeanor: 1 year maximum.

On a count like aggravated vehicular manslaughter, Noonan could pick the one to three range, and it would mean Wendt would be eligible for parole after one year. If Noonan gave Wendt the maximum under that charge, Wendt would be eligible for parole after eight-and-one-third years. He couldn't serve more than 25 years.

Noonan could also set a range within the minimum and maximum.

Given that Count #8 and Count #10 carry minimum two year sentences, Wendt would have to serve at least two years in prison, even if Noonan picked a lower range on the higher class felonies.

Some key cases that have come before Noonan for sentencing in the past year:

  • Scott F. Doll, convicted of beating to death Joseph Benaquist: Doll received 15 years to life. Noonan could have sent Doll to jail for 25 years to life, but said it didn't seem right to lock Doll up for the rest of his life when younger men convicted of the same crime would be getting out of jail in their 50s.
  • Thomas Wallace, who admitted to watching porn while driving his truck just as he plowed into a disabled car on the Thruway, killing an Amherst mother, received a three to nine year prison term.
  • Dennis M. Abrams, the mastermind of robbing an M&T Bank branch in Elba, where he and his accomplices terrorized the tellers, received a 13 1/2 year sentence.

Oakfield-Alabama inducting four grads into alumni hall of fame

By Howard B. Owens

Four outstanding grads of Oakfield-Alabama High School are being honored this week through induction into the Alumni Hall of Fame.

The honorees include a military hero, a wildlife biologist, a fingerprint expert and an infant cardiology specialist.

The Alumni Association will host a reception from 5:30 to 7 p.m. at Caryville Inn in Oakfield. The honorees will also be recognized Friday night during O-A's Homecoming football game against Pembroke.

More information about the honorees after the jump:

Oakfield-Alabama Alumni Hall of Fame 2010

Colonel Ernest B. Shepard, 1934
Ernest B. Shepard was born in Presque Isle, Maine, but moved to the Town of Alabama at an early age. He graduated from Oakfield High School in 1934. After graduating from college and a short teaching career, Ernest decided to serve his country and enlisted in the Air Force where he served in active duty from Nov. 3, 1941 until his retirement on Aug. 1, 1968.

Shortly after his enlistment, the United States entered World War II where Ernest served with distinction as a fighter pilot with the 316th Fighter Squadron. As WWII progressed, Ernest was attached to the 384th Fighter Squadron. Here he served as a fighter pilot and fighter squadron leader on 35 combat missions. Because of his leadership skills, Captain Shepard was selected to serve as squadron operations officer and was promoted to the rank of Major by February 1945.

Col. Shepard went on to become a P-51 Mustang pilot and squadron operation officer, and was awarded the Distinguished Flying Cross "for extraordinary achievement while on bomber escort missions over Germany and German-occupied countries from September 9, 1944 to January 3, 1945." He was recognized for demonstrating an unfailing initiative and exemplary devotion to duty. Ernest B. Shepard served with distinction as lead pilot of a fighter group and fighter squadron on 14 missions. His outstanding leadership and outstanding airmanship resulted in the successful completion of these operations without loss of personel.

During his career, Ernest also received the: Air Medal with 11 Oak Leaf Clusters; Distinguished Unit Citation; European African Middle Eastern Campaign Medal with seven Bronze Stars: Air Force Longevity Service Award with one Silver Oak Leaf Cluster; National Defense Service Medal with one Bronze Star; Viet Nam Service Medal; and the Small Arms Expert Marksmanship Ribbon.

David Odell, 1965
David Odell is a retired NYS Department of Environmental Conservation wildlife biologist. Early in his life, David decided he would devote his career and energy to protecting our natural resources. His love of the outdoors began with his earliest childhood experiences exploring the fields and forests around the Town of Alabama, studying and collecting everything from fossils to live animals.

David received his B.A. in Zoology from Houghton College in 1969 and then went on to SUNY College of Environmental Science and Forestry, Syracuse, where his major was Zoology. He received his Master of Science, with an emphasis in Wildlife Management, in 1974.

After high school and college, some interesting employment opportunities came his way, but David was convinced that he could make the greatest difference in the field of natural resource conservation. When offered a job with the DEC, David gladly accepted and became a career employee.

As project coordinator of the Montezuma Wetlands, David played a significant role in the expansion of land protection, restoration, enhancement and management of the Montezuma Wetland Complex. In his role as program director of the Montezuma Wetlands Complex, David has worked with a variety of partners, including Ducks Unlimited, DEC, The Audubon Society, the Nature Conservancy, the Friends of Montezuma, U.S. Fish and Wildlife Service and others. His lifelong commitment to and passion for waterfowl conservation has made a difference for all New Yorkers who enjoy wildlife.

In addition to his work with the DEC, David has also served as an assistant professor (adjunct) with the Houghton College Department of Biology. In this role, he taught courses including Wildlife Biology, Field Ornithology, Ecology of Alaska (two trips) and Animal Ecology Lab. David has also authored numerous conservation-related materials. Outside the workplace, Dave is active in his church, and (together with his wife) has taken part in two short-term missions trips to Honduras. Dave is a Paul Harris Fellow of Rotary International, having served as local club president and literacy chairman.

Valerie Palone McDonald, 1974
After graduating from OA with the Class of '74 Valerie Palone went to work for GTE Sylvania where she remained until August 1978. During that time, she attended night classes at Genesee Community College where she studied Business Administration and Accounting. A move to Washington, D.C., later that year would prove to be a major turning point in her life; she has several decades of experience with the FBI, Drug Enforcement Administration, Department of Justice, and Federal Bureau of Prisons since that time.

Val began her career in Washington as a fingerprint examiner with the FBI. By February 1981, she was an FBI Space Management Specialist managing over 300 FBI offices located west of the Mississippi, including Hawaii and Alaska. In May 1986, she was assigned as a facilities planning specialist for the Drug Enforcement Administration (DEA). In 1987 Valerie was selected as the first female construction project administrator for the Department of Justice (DOJ), Justice Management Division, Facilities and Administrative Services Staff.

Beginning in July 1992, Val served as a facilities management officer at the Federal Bureau of Prisons. One of her responsibilities in that capacity was to direct the development and implementation of a nationwide Long Range Master Plan to address federal prison facilities' physical plants and infrastructure of older institutions.

In 1999, Val was promoted to the chief of Facilities Programs, becoming the first female ever to hold this high position. One national program that she managed was the energy and water conservation program. In May 2006, Val was selected as the chief of Facilities Management for the Drug Enforcement Administration. In this position she was responsible for acquisition, design, construction and operation of 379 DEA domestic offices nationwide. On Dec. 6, 2009, Val was again promoted and selected as the first female ever to serve in her current capacity as DEA Chief Facilities Operations Section, for DEA Real Property worldwide, including DEA presence in 86 countries. Over the course of her federal career, Valerie has written many policies, manuals, reports, budgets and project papers. From February 2005 to October 2005, Val authored the FBOP Real Property Assessment Plan to comply with a Presidential Executive order. This Asset Management Plan became the model for the Department of Justice and was ultimately submitted to and approved by the Office of Management and Budget, Congress and the President.

Dr. Gul Dadlani, 1990
After graduating from OACS, Gul went on to the State University of New York at Buffalo where he earned his bachelor's degree in Biological Sciences, graduating Magna Cum Laude in 1994. Four years later, Dr. Dadlani received his medical degree from the University of Buffalo. From 1998 to 2001, he completed a residency in pediatrics at Children's Hospital, Buffalo, where he received the Resident Teaching Award for three consecutive years as well as the University of Buffalo Medical School Siegal Teaching Award in Pediatrics.

Between 2001 and 2004, Dr. Dadlani completed a fellowship in pediatric cardiology at Strong Memorial Hospital in Rochester and twice received a Fellow Teaching Award from Golisano Children's Hospital at Strong.

Dr. Dadlani is board certified in pediatric cardiology. His special interests include heart failure, cardiomyopathies, pulmonary hypertension, fetal echocardiography and Kawasaki disease.

Dr. Dadlani is the medical director of Pediatric Cardiology and Pediatric Cardiology Echocardiography laboratory director at All Children's Hospital located in St. Petersburg, Fla. The Safebeat Initiative, a current research project directed by Dr. Dadlani, involves All Children's Hospital community outreach program partnering with the Cardiac Arrhythmias Syndromes Foundation. The initiative provides cardiovascular education and free screening EKG's to high school students along the west coast of Florida with the goal of preventing sudden cardiac death.

Since February 2005, Dr. Dadlani has been the clinical assistant professor of Pediatrics at the University of South Florida. He has also presented numerous lectures relating to infant cardiology, authored a chapter in a medical textbook, and is credited as author of several medical publications.

Long-time member of Mark Lewis agency staff retires today

By Howard B. Owens

When you walk into the Mark Lewis Agency office on East Main Street today, it's not hard to spot who the retiree is -- Jean Clarke's desk is festooned with balloons and flowers.

There's a day-long reception at the office to celebrate Clarke's retirement after 26 years with the insurance agency. There are refreshments available. Clarke -- who appeared to be actually working this morning during our visit -- wraps up her final day at 4 p.m.

Driver suffers concussion in race at Batavia Downs

By Howard B. Owens

A popular Batavia Downs driver is expected to return to action in about a week after getting thrown from his seat in the clubhouse turn during a race last night and suffering a concussion.

Veteran Jack Flanigen, who missed the entire 2008 season because of an injury, came into the season with 188 career wins.

Driving Anabelle Jo, the 44-year-old reinsman said he wasn't really sure what happened.

“I sent her out of there and she just collapsed and we went down.”

Flanigen was transported to United Memorial Medical Center in Batavia where he received stitches for a facial cut.

Full press release after the jump:

Batavia, NY --- Jack Flanigen, currently the dash leading driver at Batavia Downs this season, suffered a concussion on Wednesday (Sept. 29) when the horse he was sitting behind, Annabelle Jo, went down heading into the clubhouse turn, throwing Flanigen to the ground.

“I’m not really sure what happened,” the 44-year-old reinsman said. “I sent her out of there and she just collapsed and we went down.”

Flanigen was transported to United Memorial Medical Center in Batavia where he received stitches for a facial cut.

Flanigen missed the entire 2008 Batavia racing season when he suffered a concussion on the second to last night of racing at Buffalo Raceway.

Early reports have Flanigen being sidelined for at least a week.

“We wish Jack well,” Mike Kane, vice president of live racing commented. “Not only is he a top driver but he’s also a great guy.”

Joseph Cicatello’s Nora Lee was an up in time winner in the featured $9,000 Mares Open on Wednesday night.

Getting away fourth in the weekly feature for distaffers, Nora Lee, with Jamie Dunlap in the bike, followed second over cover, tipped three deep at the top of the lane and went on to her third win of the Downs' summer-fall meet (and eighth of the season) in 1:56.1.

Mike Delano trains the 4-year-old daughter of Modern Art whose 2010 earning are just shy of $44,000.

Racing resumes on Friday night (Oct. 1). The first of 12 gets under way at 6:40.

Wheel comes off SUV, causing rollover on Thruway

By Howard B. Owens

A woman was taken to Erie County Medical Center last night after a rear tire came off her Ford Explorer causing the vehicle to flip while she was heading westbound on the Thruway.

The SUV's front wheel then got caught in the rumble strip on the shoulder, shearing it off and causing the car to rollover again.

The 54-year-old woman's Explorer came to rest on its wheels and Batavia Fire needed to extricate her before she was transported by Mercy Flight to ECMC.

The woman was identified by Trooper Dan Golinski as Kathy Weich, of Sprakers.

The accident occurred at 9:41 p.m. at mile marker 389.3, which is between the Thruway entrance and the Bank Street Road bridge.

Weich is listed in stable condition at ECMC.

Latina's signs finally taken off vacant building

By Howard B. Owens

I just noticed that after years of the Latina's signs staying up on the vacant Ellicott Street market, the signs are now gone.

While in some cases, the city could cite a property owner for old business signs, City Manager Jason Molino said he doesn't think the signs came down because of any city action. So perhaps Latina's, after a summer of bad publicity over seagulls on the building, finally asked that the signs be taken down.

Meanwhile, owner Tom Lewin appeared in City Court last week. Given that the building is now cleaned up, the charges against Lewin could be dismissed in six months if there are no more violations. (via WIVB)

Man charged with resisting arrest after allegedly biting police officer

By Howard B. Owens

A Pearl Street resident was jailed without bail last night after allegedly biting a Batavia Police officer on his arm.

The officer, Sgt. John Peck, was treated and released at UMMC.

Charged with assault, 2nd, and resisting arrest was Donald F. Stillwagon II, 25, of 142 Pearl St., Batavia. (Charges modified to: felony assault 2nd, obstructinog governmental administration and harassment 2nd.)

The incident began at 10:13 p.m. with a report of a family domestic problem at that address. Stillwagon was reportedly involved in a fight with another family member and at one time was allegedly choking the other family member. He was then restrained by a family member when police arrived.

Peck attempted to arrest Stillwagon, which is when the suspect allegedly bit Peck, causing a pretty deep cut, according to Detective Pat Corona.

Police have recently responded to other calls at this residence, Corona said.

The incident remains under investigation and additional charges may be pending.

Sheriff's deputies and state troopers assisted in the incident.

Today's Deals: Delavan's, Margarita's, Settler's, Larry's, Alex's and more

By Howard B. Owens

Delavan's Restaurant and Tavern, 107 Evans St., Batavia, NY: To me, Delavan's is one of those restaurants where you want to eat frequently until you try everything on the menu. We have a $20 gift certificate for $10.

Margarita's Mexican Restaurant, 15 Jackson St., Batavia, NY: When you're looking for an authentic Mexican meal, Margarita's is the place to go. The food and atmosphere are perfect and the service is always outstanding. We have a $20 gift certificate for $10.

Settler's Restaurant, 353 W. Main St., Batavia, NY: Settler's has a 25-year history of serving great, affordable breakfasts, lunches and dinners to Batavians. We have a $20 gift certificate for $10.

Larry's Steakhouse, 60 Main St., Batavia, NY: The name says it all -- Larry's is a great place for steak. Larry's has a fine dining atmosphere with a great menu and outstanding service. We have a $25 gift certificate for $12.50.

Alex's Place, 8322 Park Road, Batavia, NY: People come from all over the region for a fine dining experience at Alex's. It's best known for its ribs, of course, but Alex's seafood is also a favorite of the restaurant's diners. We have a $25 gift certificate for $12.50.

Center Street Smoke House, 20 Center St., Batavia, NY: Authentic Southern BBQ, from ribs to brisket with all the fixin's. We have a $20 gift card for $10.

Red Osier, Route 5, Stafford, NY: Truly, one of the landmark restaurants of the area. Red Osier features prime rib carved table side. We have $25 gift certificates for $12.50.

South Beach, 59 Main St., Batavia, NY: Only recently reopened, a fine/casual dining atmosphere, offering steaks and seafood and daily specials. We have a $25 gift certificate for $12.50 (must be used by Nov. 30, 2010).

Center Street Smoke House, 20 Center St., Batavia, NY: Authentic Southern BBQ, from ribs to brisket with all the fixin's. We have a $20 gift card for $10.

Clor's Meat Market, 4169 W. Main St. Road, Batavia, NY: For the best, most flavorful, juiciest chicken or hamburger in town, hands down, stop by Clor's. Oh, and the steaks are great, too. And the sausage. Clor's also serves lunch and dinners from 10 a.m. to 8 p.m. We have a $20 gift card for $10.

Matty's Pizzeria, 4152 W. Main St., Batavia, NY: Matty's is another Batavia favorite for pizza and wings. We have a $20 gift certificate for $10.

NOTE: If you've never bought Deal of the Day before, or are otherwise unfamiliar with the rules and process, click here.

SOLD OUT

Police officer reportedly bit on arm at scene of fight

By Howard B. Owens

A Batavia Police officer was reportedly bit on the arm after responding to a reported fight at 142 Pearl St.

The incident originated as a 9-1-1 call from a female who said two people were fighting (we think, two men). One of the subjects was reportedly on top of the other at one point choking him.

A short time after police arrived, an officer requested an ambulance for a reported injury to a police officer.

Mercy EMS is in route.

Multiple rollover accident reported on the Thruway

By Howard B. Owens

A car has reportedly rolled over multiple times on the Thruway east of Route 98 and west of the Bank Street Road Bridge.

A woman is reportedly injured, but no report on how seriously.

Town of Batavia Fire and Mercy EMS responding.

UPDATE 9:44 p.m.: The accident is in the westbound lane at mile marker 389.3.

UPDATE 9:46 p.m.: Extrication is required. Mercy Flight is being dispatched.

UPDATE 9:56 p.m: Mercy Flight leaving Genesee County Airport. ETA one minute.

UPDATE 9:59 p.m.: Mercy Flight on the ground.

UPDATE: 10:10 p.m.: Patient in route to Strong via Mercy Flight.

Today's Deals: Stafford Trading Post, Oliver's, Terry Hills, Carlson's and more

By Howard B. Owens

Stafford Trading Post, 6173 Main Road, Stafford, NY: Lunch or dinner, Stafford Trading Post offers a variety of fresh, homemade meals, as well as snacks and drinks. Now in a new, expanded location. We have a $25 gift card for $12.50.

Oliver's Candies, 211 W. Main St., Batavia, NY: Oliver's, a Batavia landmark, offers the finest chocolate and confections in the area. We have a $20 gift card for $10.

Terry Hills, 5122 Clinton Street Road, Batavia, NY: Terry Hills features a championship 27-hole public golf course that has been consistently ranked as one of the best in the area and an all new clubhouse, boasting both a restaurant and banquet facility that offer panoramic views of the golf course. We have a pair of gift cards for 18 holes of golf with a value of $46 available for $23.

Carlson's Studio, 39 Jackson St., Batavia, NY: Professional portraits mean business. Or preserve lasting memories of those special occasions. We have a $100 gift card for $50 (+$2 PayPal Service fee).

Kravings, Valu Plaza, 4152 W. Main St., Batavia, NY: Kraving's offers soups, salads and sandwiches, fresh and flavorful; Monday through Saturday. We have $10 gift certificates for $5.

Center Street Smoke House, 20 Center St., Batavia, NY: Authentic Southern BBQ, from ribs to brisket with all the fixin's. We have a $20 gift card for $10.

Clor's Meat Market, 4169 W. Main St. Road, Batavia, NY: For the best, most flavorful, juiciest chicken or hamburger in town, hands down, stop by Clor's. Oh, and the steaks are great, too. And the sausage. Clor's also serves lunch and dinners from 10 a.m. to 8 p.m. We have a $20 gift card for $10.

Matty's Pizzeria, 4152 W. Main St., Batavia, NY: Matty's is another Batavia favorite for pizza and wings. We have a $20 gift certificate for $10.

The Daily Grind, 85 E. Main St., Batavia, NY: For Batavia's finest coffee, smoothies, as well as fast and convenient breakfasts and lunches, stop into The Daily Grind. We have a $10 gift card for $5.

The Mane Attraction, 99 E. Main St., Batavia, NY: The Mane Attraction is a spa and salon offering pedicures, manicures, hairstyling and massage. We have a $20 gift certificate for $10.

Pudgie's Lawn and Garden Center, 3646 W. Main St. Road, Batavia, NY: Everything for autumn, lots of bulbs, seasonal decor, too, all beautiful and reasonably priced. We have a $25 gift certificate for $12.50.

Adam Miller Toy & Bicycles, 8 Center St., Batavia, NY: Feel like a kid in a toy store again, or treat your kids to the greatest toy store they will ever see. We have a $25 gift certificate for $12.50.

NOTE: If you've never bought Deal of the Day before, or are otherwise unfamiliar with the rules and process, click here.

SOLD OUT

Two Twentytwo scores fourth win of the season at Batavia

By Howard B. Owens

Press Release:

Batavia, NY --- The comeback Kid, Two Twentytwo, made it look easy when he notched his fourth win of the summer-fall meet in the $9,000 Preferred Handicap, Saturday night (Aug-25), at Batavia Downs Casino.

Leaving from post-position four with new pilot Jack Flanigen in the sulky, the 6-year-old chestnut son of Blissful Hall put up all the numbers, :27.4-:56.4-125.3 en route to a much the best two-length score in 1:53.4.

Pro Kid (Ray Fisher, Jr.), leaving from then rail got away second and finished second while former Downs track record holder Michael Scores (Tom Agosti), got away third and finished third.

“He’s a great horse to drive,” reinsman Jack Flanigen commented. “When I asked him for speed he exploded, I felt like I could have gone a lot more if I needed too.”

Two Twentytwo ($2.60) is owned by Dominic Colarusso, Jr. and trained by Richie Mays. Saturday nights win was his 8th of season in only 14 starts; he’s earned over $220,000 lifetime.

Two Twentytwo was a multiple Stakes winning freshman pacer before an injury sidelined him for more than a year.

Kevin Cummings is quickly approaching milestone win 2,000. The 40-year-old Cummings begins the new race week with 1989 career wins. The red-hot catch driver has driven home 11 winners the last four racing nights.

The 64th season of live harness racing at America’s oldest lighted harness track resumes on Tuesday. Post time is 6:40pm.

Jury in Wendt case finds him guilty on all 11 counts

By Howard B. Owens

UPDATED at 5:04 p.m.

Ronald J. Wendt II, 25, of Alexander, is guilty of DWI and aggravated vehicular homicide in the death of 18-year-old Katie Stanley on Aug. 14, 2009, a Genesee County jury concluded today.

The jury also convicted Wendt of the nine other counts against him, including vehicular manslaughter, 2nd, which carries a possible 25-year prison term.

The jury deliberated less than two hours after hearing more than four days of testimony in which defense attorney Thomas Burns tried to establish that Wendt wasn't legally intoxicated at the time of the accident and that the actions of the driver of the other car, Rachel Enderle, 27, of Dansville, contributed to the accident.

"I don't want to get into anything about the case other than to say I'm disappointed in the verdict," Burns said. "That's about all I have to say."

While the speed of the verdict surprised Burns, District Attorney Lawrence Friedman said the quick decision shows the people had a solid case on all charges against Wendt.

"I'm very pleased for Katie's family and the other victims of the crash," Friedman said. "Justice was served."

In the hours before the accident, Wendt worked with a friend baling hay in Attica. Toward the end of the workday, they began drinking beer. According to William D. Marchisin, 35, of Darien, Wendt and he each had as many as six beers prior to the accident, including one about 15 minutes beforehand.

The duo was going to stop off at My Saloon for "just one more" when Wendt decided to make a left-hand turn off Route 20 right in front of Enderle's oncoming car.

Stanley, also of Dansville, was riding in the right rear passenger seat.

Friedman acknowledged that people drink and drive in Genesee County every day and they rarely wind up involved in a fatal car accident.

"Obviously, the vast majority believe nothing like this happens, but that's the reason we have these laws," Friedman said. "I'm sure this defendant never expected anything like this could ever happen to him, but that's what the problem is, you never know. Anybody who is driving while intoxicated could find themselves in this situation."

Sentencing is scheduled for 9:30 a.m., Nov. 15. Friedman said he hasn't even started to think about a sentencing recommendation.

Burns said there will be an appeal, but as is his policy, he won't represent Wendt in the appeal.

Photo: File photo of Ron Wendt.

Attorneys try to sway jury in closing arguments in Wendt manslaughter case

By Howard B. Owens

Whether Rachel Enderle was speeding, or not, or how attentive she was to her driving, doesn't really matter, District Attorney Lawrence Friedman told the jury in closing arguments of the Ronald J. Wendt manslaughter trial.

Wendt's conduct the night of Aug. 14, 2009 was a crucial link in a chain of events that led to a tragic accident. The jury need only find that without Wendt's conduct, the accident would never have occurred.

"If this defendant had not been drinking throughout the day, throughout the evening and throughout the night, Katie Stanley would still be alive," Friedman said. "If he hadn’t felt the need for one more beer and turned in front of that car, Katie Stanley would still be alive."

Defense attorney Thomas Burns argued forcefully in his closing remarks that the evidence does not support the charge that Wendt was driving drunk, nor that he should have reasonably concluded that by making that fateful left turn, an accident would have occurred.

The Sheriff's Office never investigated other factors in the crash, Burns argued, but immediately concluded that Wendt was at fault.

"So the singular focus is what I submit to you is what this trial is ultimately about," Burns said. "How else do we explain, for example, when we know that Mr. Fox said he was speeding, that he was not issued a traffic citation?

"When evidence suggests that Mr. Fox was directly behind Ms. Enderle and that she would have been speeding, there is no suggestion that she was issued a traffic citation in this case. How else do we explain resistance from police witnesses to common law evidence and how the Datamaster can be interpreted as to non-intoxication rather than simply intoxication?"

Wendt's BAC at the time of the accident may every well have been below .08, Burns argued, pointing out the rate of absorption possible would mean his last beer would have been hitting his system just about the time the test was administered.

Friedman, in his more than hour-long remarks, pointed out that absorption into Wendt's blood would have started when he took his first sip of that last beer, not when he finished it. Also, some of the alcohol in his system from his day of drinking would have been leaving his system at the same time.

Wendt's BAC at the time of the accident, Friedman said, could actually have been above .08.

Burns, also taking more than an hour to make his case, argued that the Datamaster is not reliable and like any machine, prone to error, but Friedman said breath tests go back to the 1950s and are standard tools for measuring BAC in criminal cases.

There's no evidence, Friedman said, that the Datamaster is any less reliable than a direct blood test. The results of the Datamaster are a person's actual BAC, not an estimate, as Burns had said, according to Friedman.

Burns also called into question the results of the field sobriety test given to Wendt by Deputy Tim Wescott at the scene. Burns was critical of the lack of consideration for any possible injuries Wendt might have suffered in the violent collision, that his fatigue was a factor and his heavy boots were a factor.

Also, Burns said, since the field test wasn't video recorded, the only record of Wendt's performance on the test was Wescott's memory.

Friedman countered that Wescott was an experienced law officer, that since his report also contained information on the parts of the test Wendt passed, and that by Wendt's own conduct and remarks prior to the test, Wescott's testimony was credible.

Friedman argued that the facts of the case clearly demonstrate that Wendt was intoxicated at the time of the crash and that even though he could clearly see a car right in front of him, he turned in front of it without stopping first and without using his turn signal. 

"I would suggest to you that the defense has tried very hard to complicate a very straightforward case," Friedman said.

The jury is beginning deliberations this afternoon.

If convicted of all charges, the 25-year-old Wendt could face up to 25 years in prison.

Police Beat: Man accused of giving friend oil change and tire rotation

By Howard B. Owens

Christopher Paul Rutherford, 26 of Cowen Road, Piffard, is charged with petit larceny. Rutherford is accused of giving a free oil change and tire rotation and balance to a friend. The alleged incident occurred at 2:04 p.m., Aug. 20.

Thomas Michael Ford, 21, of Brockport-Spencerport Road, Brockport, is charged with petit larceny. Ford allegedly stole engine oil and a tire rotation and balance from Walmart. Ford is accused of receiving the service on April 1.

Edward M. Davis, Jr., 45, of 23 Oak St., Batavia, is charged with criminal contempt, 2nd. Davis is accused of sending text messages to a person he was ordered not to contact. Davis was jailed on $1,000 bail.

Ashley Evette Mercado, 20, Watson St., Batavia, was picked up on a bench warrant from a previous trespass charge. Mercado was allegedly involved in an unrelated incident, leading to police contact and discovery of the warrant. Mercado was jailed on $250 bail.

Photo: St. Mary in the night light

By Howard B. Owens

After a quick City Council meeting, I decided to experiment with a little night photography. The picture above of Mary and baby Jesus is the one I was most satisfied with.

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