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Law enforcement is out with an individual at Boyce Road and Route 5, Pembroke, who became the subject of a multi-patrol search after reportedly making attempts to walk on the Thruway.

He was reportedly warned to stay off the Thruway, but was later seen on the Thruway again.

At one point during the search, a trooper reminded all responding units that there were no pending criminal charges, he was just an individual trying to get to New York City.

The individual is being transported to the Pembroke exit by a deputy, who will meet up with troopers from Troop T.

UPDATE 8:54 p.m.: The subject is now in custody of a Troop T trooper and is facing a possible criminal trespass charge.

Batavia PD is investigating something, but we can't get any information. We spotted city firefighters atop the roof of the former Santy's Tires building and found Deputy Chris Erion with K-9 Destro doing a search, but Officer Kevin DeFelice said he couldn't release any information. He said there would be a press release later.

There were also patrol vehicles at Jackson Street and Highland Avenue.

State Troopers were handling a separate, unrelated case, at the same time on Liberty Street.

Service dogs play a vital role in helping veterans deal with medical issues, including Post-traumatic Stress Disorder (PTSD). But when the dogs stay with veterans at the PTSD clinic at the VA Center in Batavia, there hasn't been a place for them to relax, play and run, which service dogs need to do when they're not working.

Until recently, veterans who entered in-patient care at the clinic weren't allowed to bring their dogs, but now that they can; there needs to be facilities to accommodate the canines.

The Combat Veterans Motorcycle Association heard about the problem and raised more than $1,400 (mostly from their own members, but the Rotary Club and Home Depot also contributed) to build a dog run behind the clinic.

Today, that fenced-in dog run was built, giving the service dogs a place of their own when they're not working.

The work was made possible through the cooperation of the CVMA, led by Frank Grillo, of Buffalo, and Brian Stiller, Medical Center director for the WNY Medical Healthcare System.

While there have been a lot of complaints nationally about the VA, Grillo noted the VA in WNY seems pretty responsive to veterans and he praised Stiller for his cooperation.

"You hear a lot of people talking a lot of bad stuff about the VA, but then you get a guy who is a veteran himself leading a portion of the VA, and it's kind of inspirational to see somebody who cares actually stepping up and helping us do what we need to do to help our fellow veterans," Grillo said.

Stiller said he could help because the current secretary of the VA has said principles should come before rules.

"We can pull this off by having somebody who has a can-do attitude and this group of veterans," Stiller said. "This is something that has happened real quick and it shows how the community can come together and do a simple, real good thing right on time. It speaks volumes for the commitment and caring that is going on."

Jeff Freeman was the high bidder this morning at an auction by the city of a house at 109 Walnut St.

Freeman agreed to pay $33,000, beating out three or four other bidders.

The purchase must be approved by the City Council before it is final.

Freeman said he plans to complete renovations on the house and then provide it as rental.

It is a single-family home and auctioneer Todd Jantzi, of Bontrager's, noted that the city sold the house once before at auction, in 2011. That buyer subsequently sold the property and the new buyer began renovations, and got very far along before abandoning the project for unknown reasons.

The house has been painted upstairs and down, has new carpeting and flooring throughout and a new kitchen, but lacks fixtures.

The city foreclosed on the property to satisfy unpaid taxes.

City staff has proposed using the auction money to fund Vibrant Batavia for another year, but that would require City Council approval first.

About 50 people contacted the Sheriff's Office dispatch center around 9:36 p.m. to report a loud explosion that in some cases caused houses to rattle, and after an investigation, deputies believed they found the cause.

A group of people on Dodgeson Road reportedly mixed from 14 to 60 pounds of a legal compound called Tannerite.

Tannerite comes in two parts and when mixed properly, is used for small, explosive targets for shooting.

There were no injuries reported.

A group of people were found at the location of the explosion and interviewed. No arrests have been made, but the Sheriff's Office reports that the investigation is continuing. It is being conducted by Deputy Kevin McCarthy. Assisting at the scene was Trooper Chad Bea.

Dispatchers received calls from Fisher Road, Oakfield, Morganville Road, Stafford, Warner Road, Darien as well as from the Village of Le Roy, Alexander and the City of Batavia.

Previously: Callers report loud boom in Wortendyke area

The Genesee Symphony Orchestra performs at 4 p.m., Sunday, at Elba Central School's auditorium. 

Bryan Eckenrode conducts "American Made," which features nine pieces by American composers, including two local composers, Gary Call Hanley and Ross Chua. Hanley lives in Nashville and his piece, "Plight of the Common Man," has been performed there. Chua is a Batavia High School student and this is the world premier of his work, "Spectacle in Flight."

Also on the program are "Short Overture to an Unwritten Opera" by Don Gillis, the "Paul Bunyan Suite" by William Bergsma, "Blues in 6/8" by Milton Weinstein, three dance episodes from "Rodeo" by Aaron Copland, "Variations on a Theme" by Handel, a piece by Maurice Whitney, "Harry Potter and the Prisoner of Azkaban" by John Williams and "West Side Story" by Leonard Bernstein. 

The Harry Potter piece will be performed with students from the GSO String Workshop.

Tickets can be purchased at the door or online (click here).

Callers report hearing a big loud boom that caused houses to shake in the area of Pearl Street Road and Wortendyke Road, Batavia.

Law enforcement dispatched to investigate.

UPDATE 9:53 p.m.: A deputy is checking a residence on Pike Road where apparently there has been a prior complaint, but the residence is quiet. A trooper reports that he was told it sounded like it was further south than Pike Road.

UPDATE 9:56 p.m.: A deputy on Dodgson says, "you can actually smell it."  

UPDATE 9:57 p.m.: A witness has told the trooper he actually saw the explosion.

UPDATE 10:09 p.m.: A deputy tells dispatchers, "We're all set. We've got the individuals responsible." No details shared at this time.

A group of Bernie Sanders supporters are carrying signs and waving flags at the Upton Monument this evening.

Doug Yeomans has once again produced a masterpiece, and once again of the dragon on the Emerald Models property on Transit Road in Pavilion.

This was taken at 5:30, a morning or two ago.

The man accused of murdering a neighbor on Selden Road, Le Roy, the morning of Dec. 1, received a psychological exam earlier this week, according to his attorney, but the results of that exam have not yet been made available to the defense.

The report will help Public Defender Jerry Ader determine how he will proceed with the case, he told President Judge Michael F. Pietruszka.

Ader may ask for a hearing to determine if Kyle G. Johnson suffers from a mental defect or impairment.

Johnson is accused of killing Norman D. "Don" Ball, of setting his own house on fire, and of attempting to kill a police officer and firefighter.

The 53-year-old defendant was arrested near his property on Selden Road after a lengthy standoff with police, including emergency response teams, while his house burned to the ground.

It will take at least two weeks for the written report to become available, at which time, Ader will provide a copy to District Attorney Lawrence Friedman. 

At some point after the report is available, there will be a hearing on several issues related to the case. Whether that includes a hearing on Johnson's mental state will be determined by Ader, but Friedman said he expects Ader will seek a hearing on several evidentiary issues, including a photo lineup used with a witness, oral statements made in connection with the case, a video interview, and numerous statements made to corrections officers in the Genesee County Jail.

Typically, pre-trial hearings last about an hour, but Friedman said he expects this hearing will last substantially longer, but less than a full day.

For previous coverage on Kyle Johnson, click here.

County planners expected a detailed discussion last night about a proposed Arby's restaurant at 8364 Lewiston Road, Town of Batavia, but the applicant withdrew the application earlier in the day.

County Planning Director Felipe Oltramari said he expects the proposal to come back to the planning board at a later date, perhaps as soon as the meeting next month.

There are a few variances needed for a 2,000-square-foot fast-food restaurant at the location, which is across from Kmart where a used car lot is now and next to Jerry Arena's Pizza.

The zoning code for the town requires a 40,000-square-foot lot for such an establishment, but the lot size at this location is only 29,664 square feet.

The builders are proposing parking spaces of 9x18 feet, instead of the required 10x20 feet.

The restaurant will also require three signs instead of the permitted two, with one being a bit larger than the sign ordinance allows.

The owner listed on planning documents is Bill Meland, with a business address of the current Arby's location on West Main Street in the City of Batavia.

In other matters brought to the board Thursday night:

• The Chamber of Commerce received approval plans to remodel 8276 Park Road, Batavia, which will become the new headquarters for the chamber and the visitors' bureau once it's completed. The project includes a building addition, facade renovations, a new roof and a new accessible ramp.
• Richard Mistretta is planning to open a record store at 220 E. Main St., Batavia, and received approval for his sign.
• The Town of Batavia is planning to revise its zoning code to remove the requirement that certain properties in industrial parks be directly accessed from a state highway. The town has granted three variances in recent years and since there might be addition variance requests that would likely be granted, the town is seeking to remove the requirement altogether.
• The Town of Alabama is extending its moratorium on commercial development for 12 months. This is the third extension sought by the town.
• Daniel Miller and Padrna Kasthurirangan were approved for a windmill at 10021 Simonds Road, Corfu. The windmill will stand 121 feet tall.
• The new Waggin (sic) Wheel Restaurant at 8282 Park Road, Batavia, was approved for outdoor cooking and a change to the commercial sign.
• Suzanne Schultz received permission to hold craft classes at 57 Main St., Oakfield.

The county planning board is not the final word on application approvals. Their approvals are recommendations. Final decisions rest with the planning or zoning boards in each jurisdiction.

A two-car accident is reported at 2025 Attica Road, Darien.

An injury is reported.

The call was first dispatched as a non-injury accident, but the dispatcher later updated the call to say an injury was now reported.

Darien fire and Darien ambulance are dispatched.

UPDATE 7:33 a.m.: Darien is back in service.

A two-car accident is reported in the westbound lanes of the Thruway in the area of mile marker 400.4.

Unknown injuries.

Pembroke and Indian Falls fire departments dispatched along with Mercy EMS.

UPDATE 10:50 p.m.: One vehicle off the road, a tractor trailer about a half mile ahead. Three individuals are out of the vehicle and standing.

UPDATE 10:54 p.m.: No injuries at the vehicle. The chief on scene is now going to check on the tractor-trailer.

UPDATE 10:59 p.m.: The vehicle is a van, with heavy damage. All three occupants are in an ambulance being evaluated.

UPDATE 11:28 p.m.: A chief apparently needed a trooper there because of "an escalating situation." A trooper is now on scene, from Troop T.

Judge Michael F. Pietruszka isn't convinced that 74-year-old Charles G. Scinta is addicted to painkillers and wants to see some evidence that he is before considering a possible probationary sentence that would include drug rehab on Scinta's drug-dealing charges.

"The report says he's been using opiates since he was 69, but it doesn't say they're illicit," Pietruszka said. "They could have been prescribed," adding later, "my point is, I don't know that this is a substance-abuse issue. This could easily be interrupted as being medical sanctioned."

Scinta's attorney, Lisa Kroemer, said she understood the judge's concern and asked for a two-week adjournment to get clarification from the drug-treatment program that produced the report on exactly what their findings were.

"I think that's in everyone's best interest," Pietruszka said.

Scinta, who was allowed to sit throughout the court proceedings because of a medical condition, was arrested in December with 43-year-old James J. Wetall, also of Le Roy. The two men were arrested as the result of an investigation into the sale of oxycodone and diazepam.

Scinta is accused of selling oxycodone to undercover agents on two separate occasions. He is charged with two counts of criminal sale of a controlled substance, 5th, and criminal possession of a controlled substance, 5th.

A potential plea deal could keep Scinta out of prison, but first, Pietruszka wants to understand Scinta's history with painkillers.

Earlier, Wetall was given a shot at rehabilitation in exchange for pleading guilty to his drug sale charges. If Wetall successfully completes a rehab program, he will be allowed to withdraw his guilty plea to the felony charges and plead guilty to misdemeanors, which will carry a maximum penalty of one year in jail or three years probation.

If Wetall doesn't make it through rehab successfully, he's facing a sentence of up to 18 years in prison.

A 28-year-old Batavia woman with multiple arrests on her record was hoping for another chance at drug rehabilitation when she appeared in County Court this morning on a grand larceny charge. Instead, Presiding Judge Michael F. Pietruszka thought a minimum of one year in prison would be a more appropriate sentence.

Justine D. McWethy had previously admitted to stealing more than $90,000 $9,000 from Joseph L. Mancuso, Inc., 56 Harvester Ave. while employed there in 2014.

The thefts, said her attorney Lisa Kroemer, were the result of her addictions and suggested to Piertruszka that a prison term wouldn't help her become a productive member of society.

"That's not going to clean up her addiction," Kroemer said. "In order for her to be able to use her talents, which as pointed out in the probation report -- she has a modicum of education and she is an intelligent girl, if she could get past the addiction, she would be able to lead a productive and law-abiding life."

District Attorney Lawerence Friedman argued that based on McWethy's history and the nature of the crime, in which she researched, planned and carried out a complex scheme to defraud her employer, made her less than a suitable candidate for probation and a rehab program.

He asked the maximum available sentence under the plea deal, which was one and a third to four years in state prison, be imposed.

With several members of her family in the gallery, McWethy tearfully apologized for her crime and said she's written several letters of apology, feeling guilty for what she did every day since her thefts were discovered. And while she said she understood why Friedman thought she should be punished, she would really like a chance to conquer her addiction.

"I feel like this is not the person I was meant to be," McWethy said.

Pietruszka said he was taking into account two violations of probation in the past 13 months before imposing a one- to three-year prison term, where, he noted, she can apply for drug treatment available to some state prisoners.

McWethy was also ordered to pay back the full amount in restitution, starting with Mancuso and then paying back the several banks that also lost money as part of the scheme.

CORRECTION: We originally published that the amount of restitution exceeded $90,000. This was a mistake. I misheard the amount in court. The correct amount is $9,136. I apologize for the mistake.

Oakfield-Alabama Central School continues to innovate around the tech-education curriculum, and today students participated in a project to build a new 3D printer for the school.

The project was part of a class taught by Patti Buczek and Missy Lee.

Photos provided by the school district. ​

Chief Charles Durkee sent in these pictures from the Byron Fire Department's recent installation dinner.

Eddy Sharp received the award for most training hours and Robert Mruczek received Firefighter of the Year.

Durkee received a gift from the ladie's auxiliary -- a PIG axe. He said it is the first one in the county at a volunteer department.

Pictures courtesy Marie Bohn Studio.

Albany Times-Union: Two doctors in Albany to promote law to allow aid in dying

After the accident in Stafford this evening, I grabbed a couple of barn shots.

The white barn, above, is on Randall Road. 

The "Will You Marry Me?" barn is on Route 237 near Morganville. I knocked on the door of the residence to try and get more information but nobody was home.