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Oakfield-Alabama prevailed over Notre Dame on Thursday to win the small schools division of the 39th Annual Pete Arras Lions Tournament at Genesee Community College.

The final score was 74-61.

Kaden Cusmano scored 20 points for the Hornets, Kam Cusmano, 18, and Gaige Armbrewster, 11.

For Notre Dame, Jordan Welker scored 24 points and Cody Henry scored 17 points.

The small schools' all-tournament team:

• CJ Gottler, Elba
• Cody Henry, Notre Dame
• Jordan Welker, Notre Dame
• Gaige Armbrewster, Oakfield-Alabama
• Kaden Cusmano, Oakfield-Alabama
• Kameron Cusmano, Oakfield-Alabama (MVP)

Photos by Kristin Smith.  For more photos, click here.

A motor vehicle accident is reported at Ellicott Street and Jackson Street, Batavia.

Mercy EMS requested to the scene to evaluate a patient.

City Fire on scene.

A flat-bed tow requested to the scene.

When Bergen Assistant Chief Garrett Dean arrived on the scene of a structure fire at 84 Woodside Lane, in the Hidden Valley Meadow Park, Thursday night, he observed a mobile home with flames shooting out of one corner of the residence and was informed by a neighbor that a woman may be trapped inside.

The neighbor said he had tried kicking in the front door but the door was blocked, possibly by the woman who lived there.

Dean said he was able to reach around the door, grab her and carry her to safety with the help of the neighbor.

"They said they talked to the neighbors and the neighbors said they were pounding on the door, but couldn't get a reply," Dean said. "I believe the neighbor that was pounding on the door was the one that actually kicked the door in and when I got on location helped me get her out."

At first, the woman wasn't breathing, Dean said. With the assistance of the neighbor, he used first-aid techniques to get her breathing again.

It felt like minutes but was probably only about 30 seconds, he said.

The resident, whose name has not been released, was transported to Strong Memorial Hospital but Dean said he's been informed she may be transferred to Syracuse for a higher level of treatment for her smoke inhalation.

"She was very lucky," Dean said. "It's a good thing this is a very tight-knit community. They're all older adults that live here and they take very good care of each other."

Departments from three counties responded to the fire.

The cause and origin of the fire is under investigation.

A firefighter at the scene also needed treatment at the scene for minor smoke inhalation but remained on scene following treatment.

Top photo: Reader-submitted.  Bottom photos, Alecia Kaus/Video News Service.

Alecia Kaus/Video News Service contributed to this story.

A mobile home fire is reported at 84 Woodside Lane, in the Hidden Valley Meadow Park, Bergen.

One person has been taken from the residence by a firefighter.

Bergen Fire and Mercy EMS dispatched

UPDATE 8:04 p.m.: This is a working structure fire.  Byron, South Byron, Stafford, responding. 

James L. Simonds is indicted on counts of burglary in the third degree, false report: fire, explosion, hazardous substance upon school grounds, and endangering the welfare of a child. Simonds is accused of entering John Kennedy School, 166 Vine St., Batavia, on Jan. 28 with the intent of committing a crime and while at that location did communicate false or baseless information about the occurrence or impending occurrence of a fire, explosion, or hazardous substance, on school grounds in a manner that was likely to cause public alarm. He is accused of knowingly acting in a manner to be injurious to the physical, mental, or moral welfare of a child.

Cynthia M. Mack is indicted on counts of burglary in the third degree and criminal mischief in the fourth degree.  Mack is accused of entering a dwelling on Lake Street in Le Roy on June 4 with the intent of committing a crime and while in the dwelling did intentionally damage property.

Robert C. Strollo is indicted on a count of failure to register a change of address as a sex offender. On or about Dec. 1, 2020, Strollo allegedly failed to register a change of address with the NYS Criminal Justice Service within 10 days of changing his address from a residence on Bethany Center Road, Bethany.

A Stafford man has been charged with multiple felonies in connection with an incident on Saturday that led to Route 5 being closed to traffic in both directions for several hours.

Christopher C. Say is accused of setting a detached garage on fire at a residence on Main Road in Stafford and being uncooperative when crews from the Stafford Fire Department arrived on the scene.

Say allegedly barricaded himself in the garage and claimed explosives would detonate if the garage was approached.

Sheriff's deputies evacuated residents from the immediate area.

Along with Batavia Police Department's emergency response team, negotiators from both Batavia PD and the Genesee County Sheriff's Office were dispatched.

After negotiations stalled, Say allegedly drove a motor vehicle backward through a closed garage door, breaking the garage door and damaging the vehicle. He reportedly continued down the driveway, striking a fence and a marked patrol car.  He was then taken into custody without further incident.

During the incident, Say also allegedly burned another person's face causing a physical injury.

Say is also accused of possessing a metal knuckle knife.

Investigators claim there was evidence found in the garage to support Say's claim that the garage was equipped to explode.

Say was arraigned in Stafford Town Court and charged with:

• Making a terroristic threat, a Class D felony
• Criminal possession of a weapon 3rd, a Class D felony
• Criminal mischief 2nd, a Class D felony
• Attempted arson 3rd, a Class D felony
• Criminal mischief 3rd, a Class E felony.

Say was ordered jailed on $20,000 bail, $40,000 bond, or $80,000 partially secured bond.

Also assisting in the incident were New York State Police, New York State Department of Environmental Conservation, Genesee County Emergency Management, and Mercy EMS.

Photo: File photo from Saturday

Previously: Route 5 closed in Stafford

Gary Patnode, a coordinator with the Emergency Management Office, hands out N-95 masks at a distribution location on Alva Place this afternoon.  Patnode said that as of 4 p.m., the county had distributed more than 3,000 masks, two to a person or four to a household.  The mask distribution is continuing until 6 p.m.

After trailing for much of the game, including, at times, by double-digits, the Batavia Blue Devils put together a final quarter rally but still fell short against Attica, 50-48.

Carter McFollins scored 19 points for Batavia while Tanner Mountain added 12 points.

For Attica, Simon Lamparell scored 16 points and Luke George scored 10.

Attica advances to the championship game at 9 p.m., Thursday, at the GCC gym against Le Roy.

For more game photos, click here.

The Fighting Irish are advancing to the championship round the 39th Annual Lions Club Tournament in the small school division after beating Alexander on Tuesday 66-51.

Notre Dame will play Oakfield-Alabama at 7 p.m., Thursday.

For the Irish, Cody Henry scored 22 points, Jordan Welker, 17, Ryan Fitzpatrick, 11, and Jimmy Fanara, nine.

For the Trojans, Nick Kramer scored 14 points, Dylan Pohl, 10, and Trent Woods, 8.

For more game photos, click here.

In a first-round game of the small schools' division of the annual Lions Tournament at GCC, Oakfield-Alabama beat Elba 60-44.

For the Hornets:

• Gaige Armbrewster, 20 points, 11 rebounds, 6 assists, 4 steals
• Kam Cusmano, 15 points, 6 rebounds, 4 assists, 4 steals
• Kaden Cusmano, 12 points, 11 rebounds, 5 assists, 2 blocks

For Elba, CJ Gottler scored 25 points.

O-A is now 5-0 on the year.

Photos by Kristin Smith.  For more, click here.

Glenn Howard Wright, 51, of Broadway Street, Bethany, is charged with DWI, consumption of alcohol in a motor vehicle, no seat belt, and stopped in the roadway on a public highway.  Wright was arrested after deputies David Moore and Kyle Krzemien were dispatched at 2:41 a.m., Dec. 28, to the 6700 block of Clinton Street Road, Stafford, for a report of a vehicle parked in the roadway.   Wright was issued an appearance ticket.

Amber Lynn Turner, 28, of South Main Street, Batavia, is charged with petit larceny.  Turner is accused of shoplifting from Walmart in Batavia at 3:33 p.m., Dec. 28. She was issued an appearance ticket.

The trustee in the Michael S. Tomaszewski bankruptcy case has asked the court to order Tomaszewski's wife to turn over an anticipated income tax refund once it is received.

Attorneys for Trustee Mark J. Schlant filed the motion last week after Tomaszewski was sentenced to two to six years in prison for defrauding funeral pre-arrangement customers out of, collectively, more than $500,000. 

According to the motion, Michael and Valerie Tomaszewski have jointly claimed refunds of $27,121 for their 2019 and 2020 income tax filings. 

The motion asks the court to order Valerie to turn over $13,560 to the court to help settle some of Michael Tomaszewski's debts.

"The Trustee understands that the Debtor recently might have become somewhat limited in his ability to deal with matters such as this and that the necessary arrangements might put Mrs. Tomaszewski in control of the funds," the motion reads. "Therefore the Trustee wishes to secure Mrs. Tomaszewski's cooperation in effecting the turnover."

The bankruptcy judge, Robert H. Jackson, has not yet responded to the motion.

In bankruptcy filings, Tomaszewski lists $1,094,346 in assets against $3,242,390 in liabilities. 

At his sentencing on Dec. 22, Judge Charles Zambito ordered Tomaszewski ordered the former funeral home operator to pay $569,434.92 in restitution to his victims, starting at $2,000 a month once he's released from prison.

Tomaszewski admitted to misappropriating funds from clients who paid for pre-arrangement services. There were at least 91 such victims.  Many of those victims have filed stipulations with the bankruptcy court protecting those debts from discharge through the bankruptcy process.

The Lady Lancers hit 70 percent of their shots in the first half of Monday's game against Batavia propelling Elba to a 54-31 win.

Dakota Brinkman, who dropped three three-point buckets, scored 13 points for Elba, while Laci Sewar and Kennedy Augello scored nine each. Adrianna Long scored eight and Sydney Reilly scored seven.

Brinkman also had seven rebounds.

For Batavia, Jaylene Dersham scored 10 points.

A multi-vehicle accident is reported in the area of 73 Main Street, in front of the YNGodess Shop, Batavia.

Unknown injuries.

City Fire and Mercy EMS dispatched.

UPDATE 7:14 p.m.: A car has struck a parked car in front of Key Bank.

UPDATE 7:44 p.m.: An Audi sedan struck a parked vehicle pushing that vehicle into another car parked in front of it.  The driver of the Audi was administered a field sobriety test and taken into custody.  His name has not yet been released.

Press release:

In a decision rendered December 21, 2021, Genesee County Court Judge Charles N. Zambito affirmed the misdemeanor DWI conviction of defendant James D. Doyle (complete decision attached). The defendant was convicted upon his guilty plea in Pembroke Town Court in March of 2018 and was sentenced to a conditional discharge.

On August 26-27, 2012, around midnight, Trooper Timothy Pickering was on duty and received multiple reports through dispatch of an erratic vehicle traveling eastbound on the Thruway. Trooper Pickering located the car in the Pembroke service area. The vehicle was parked but it was still running. When the trooper approached the car, he saw "a driver sitting in the driver's seat, no seat belt, slumped over the wheel, and there was a female passenger in the passenger seat slumped over, too." The trooper knocked on the window and received no response. He then opened the door and was eventually successful in waking up the driver, who was Mr. Doyle.

After Mr. Doyle pleaded guilty, he filed a notice of appeal In April of 2018. In July of 2020, after Mr. Doyle had made no further action to perfect the appeal, the Genesee County District Attorney's Office moved to dismiss the matter. Genesee County Court allowed Mr. Doyle to complete his appeal, and an oral argument occurred on September 29, 2021.

In its decision, Genesee County Court found that Trooper Pickering was justified In "the minimally intrusive act of opening the defendant's . . . door to continue his Investigation" due to "the recent and substantial report of the defendant's erratic driving behavior, the manner in which the defendant's vehicle was parked, the fact that the vehicle was still running, and the defendant's unresponsive state." These factors gave the trooper reasonable cause to believe that the defendant had operated the vehicle while intoxicated or impaired. The trooper's actions were also justified under the emergency doctrine.

Assistant District Attorney Robert J. Shoemaker, who handled the appeal, welcomed the decision. "This is a good result not only for law enforcement, but it is also a win for logic and reason. We appreciate County Court's recognition that a trooper in this situation can approach a car and check on the occupants, both to determine their welfare and to investigate possible criminal activity.

Indeed, Trooper Pickering would have been derelict in his duties if he had knocked on Mr. Doyle's window and, upon receiving no response, had simply walked away.”

To read the full decision, click here (pdf).

Sarah P. Lytle, 39, of Batavia, is charged with torture/injure/failure to provide sustenance to an animal.  Lytle was accused of animal cruelty after Batavia PD was asked to assist the Probation Department with a house check at 10:39 p.m., Dec. 21, on State Street. Lytle is accused of keeping a dog in a cage without adequate food or water and the cage contained the dog's own feces. She was issued an appearance ticket.

Brian Paul Demko, 44, of Montclair Avenue, Batavia, is charged with DWI, use of a vehicle without an interlock device, refusal to take breath test, driver license restriction violation, driving with motor vehicle vision obstruction. Demko was stopped at 12:36 p.m., Dec. 23, on Main Road, Stafford, by Deputy Kenneth Quackenbush. 

Mathew Paul Parker, 32, of Oak Street, Batavia, is charged with criminal trespass. Parker is accused of trespassing at Walmart at 3:02 p.m., Dec. 21. He was taken to the Genesee County Jail for prints and photos and released on an appearance ticket.

Jeffrey Michael Kirkey, 50, of South Wind Court, Rochester, and Jessica Lynn Zicari, 38, of Suston Street,  are each charged with criminal possession of a controlled substance. Kirkey and Zicari were arrested after Deputy Kenneth Quackenbush and Deputy Kyle Krzemien responded to Route 33 in Stafford for a report of a vehicle partially blocking the roadway.  Kirkey and Zicari were allegedly found in possession of cocaine.  The suspects were processed at the Genesee County Jail. Zicari was released on her own recognizance. Kirkey was turned over to the Monroe County Sheriff's Office on an outstanding felony warrant.

Robert W. Russo, 46, of Winter Park, Fla., was arrested as a fugitive from justice at 2:06 a.m., Dec. 18, by Batavia PD when he was located by an officer investigating an unrelated complaint. The warrant out of Orange County, Florida, was for an alleged assault.  He was arraigned in City Court and ordered held in the Genesee County Jail.

Marcell F. Greene, 37, of Bliss, was arrested on a bench warrant. Greene allegedly failed to comply with a court-ordered program. She was arraigned in Batavia Town Court and released under supervision of Genesee Justice.

John J. Saddler, 34, of Batavia, is charged with grand larceny 4th. Saddler is accused of stealing cash from the pants pocket of another person at 11:30 a.m., Oct. 25, at a location on East Main Street, Batavia.  He was issued an appearance ticket.

Jason P. Gorton, 25, of Batavia, is charged with assault with intent to cause physical injury with a weapon and criminal possession of a weapon. Gorton was arrested by State Police in connection with an incident reported at 10:51 p.m., Dec. 26, in the Town of Batavia.  He was released on his own recognizance.  No further information was released.

Chase E. Shultz, 31, of Batavia, is charged with criminal contempt 2nd. Schultz was arrested by State Police in connection with an incident reported at 1:45 p.m., Dec. 23, in the Town of Oakfield. Schultz was issued an appearance ticket. No further information was released.

Kaleb J. Bobzien, 23, of Lockport, is charged with criminal contempt. Bobzien was arrested by State Police in connection with an incident reported at 5 p.m., Oct. 5, in the Town of Batavia. He was ordered held in the Genesee County Jail. No further information was released.

Anthony J. Maye, 21, of Bergen, is charged with rape 3rd (inability to consent) and sexual abuse 3rd. Maye was arrested by State Police in connection with an incident reported at 12:48 p.m., Oct. 26, in the Town of Bergen. He was released on his own recognizance.  No further information was released.

The Oakfield Betterment Committee has announced the winners of its annual home Christmas Decorating Contest.

First place, top photo: Becky Chatt, 50 Drake St.

Photos and info submitted by Jamie Lindsley

Second place, Jerry Bliemeister- 32 Oak St.

Third place, Matt & Amanda Kastelic - 30 Webber.

Volunteers along with their family members at T. F. Brown's on Christmas Day for the restaurant's annual free Christmas Day Dinner for the community.  This year, the meal distribution was drive-thru with about 300 meals distributed.  This year, the toys donated for community children were distributed by City Church.

Photo and info submitted by Joe Teresi.

Marcella F. Greene, 37, of Fernwood Park, Rochester, and Chelsea M. Mutter, 28, of Miller Avenue, Batavia, are both charged with criminal possession of a controlled substance 3rd and criminal possession of a controlled substance 4th.

Greene and Mutter were arrested by members of the Local Drug Task Force after local law enforcement responded a call at Quality Inn and Suites, 8250 Park Road, about an attempt to locate a warrant subject.

Upon investigation, Greene and Mutter were allegedly found in possession of crack cocaine. They were taken into custody without incident and also arrested on multiple outstanding warrants.

The duo was arraigned in Town of Batavia Court.  Greene was released under supervision of Genesee Justice. Mutter was released on her own recognizance. 

Batavia PD assisted in the investigation.

Brian Thomas Durett, 31, of Mount Vernon, Rochester, is charged with DWI, driving with a BAC of .08 or greater, moving from lane unsafely, and speed not reasonable and prudent. Durett was charged following an investigation by Deputy Moore of a report at 12:39 a.m., Dec. 24, into a report of a vehicle in a ditch on I-490 in Le Roy.  He was released on an appearance ticket.