Le Roy

Sure there's a free speech consideration, District Attorney Lawrence Friedman said when discussing the arrest of local Democrat activist Chris Charvella on a charge of aggravated harassment, 2nd.

But the statute he's charged under has nothing to do with the content of the phone message Charvella left for Republican Legislator Jay Grasso.

The statute is about making a phone call "for no legitimate purpose other than to harass or annoy," Friedman said.

The content of the message matters only in helping to establish intent, and intent is a matter, ultimately, only a judge or jury can decide.

"That's always true," Friedman said.

Critics of Charvella's arrest have expressed concern that the 30-year-old Batavia resident won't get a fair hearing in Genesee County because of his political affiliation.

Friedman, a Republican, said politics plays no part of it.

"I've been in this job 29 years and I challenge anyone to say politics has played a part in my decision making," Friedman said.

The case is being handled by one of Friedman's five assistant attorneys, and as is often the case, he said he isn't personally involved. Friedman said how the case is handled is entirely up to Assistant District Attorney Kevin Finnell.

Because of the jurisdiction of the case -- a town court, where ADAs handle the caseload -- and the nature of the charges, it's a case that he does not routinely follow.

"I don’t intend to get personally involved in this case, so my political affiliation is irrelevant," Friedman said. "My political affiliation is always irrelevant. I don’t look at anybody’s politics when I get involved in a case, neither the victims nor the defendants nor the witnesses nor anybody else."

He added, "I don't get involved just because a case is in the media."

Friedman said he hasn't read the case file and only knows about Charvella's arrest from what he's read in media reports. 

For previous coverage of Charvella's arrest for allegedly harassing Grasso, click here.

Photo: File photo.

Le Roy Police have arrested a 31-year-old village resident suspected of child sexual abuse.

Gregory A. Jones, of 34 Main St., Apt. #1, Le Roy, is charged with two counts of predatory sexual assault against a child, a class A-II felony.

The alleged victim is under 13 years old.

Included in the predatory sexual assault charge are accusations of a criminal sexual act, 1st, formerly known as sodomy, and coarse sexual conduct against a child, 1st.

The alleged crimes occurred over an 11-month period at his residence on Main Street.

The investigation was conducted by Det. John Condidorio and the Department of Social Services.

Jones was jailed without bail.

Assisting in the case were the Genesee County Advocacy Center, the District Attorney’s Office and the New York State Police Computer Forensic Unit.

A 21-year-old Lyndonville resident is charged with DWI following a one-car accident early Tuesday morning on the I-490 off-ramp in Le Roy.

Police say Alyssa Brianne Sprague was driving too fast and moved from her lane unsafely when her 2004 Chevy sedan struck the guardrail on the off-ramp, continued onto Vallance Road, spun and struck another guardrail.

Sprague was not injured in the crash.

She was, however, charged with DWI and driving with a BAC of .08 or greater.

The accident occurred at 1:19 a.m. and was investigated by Deputy Frank Bordonaro.

There's a couple of incidents going on -- amidst other heavy scanner traffic -- that I've not been able to quite nail down.

There's an apparant grass fire somewhere off Route 33, apparently in Darien's fire district.

Also, there's a car off the road in Le Roy. Their may be power lines down. A caller reports a power outage. The driver called and said he wasn't injured, but an ambulance was started. The car is in the woods.  The location sounds like "Valence Road," but I can't locate such a road anywhere in Genesee County.

UPDATE 6:14 p.m.: The fire was on a recently purchased plot of land in the area of Countyline Road and Route 33. The burn is within legal limits and the owner is planning to have more controlled burns this week.

A new judge will be requested to hear the case of Chris Charvella, a member of the Genesee County Democratic Committee charged with aggravated harassment, 2nd.

In Le Roy Town Court this afternoon, Judge Kermit Arrington readily agreed to recuse himself since Charvella had worked on his election campaign.

Likewise, Le Roy Town Judge Charles Dusen will also be asked to recuse himself because the complainant, Republican Jay Grasso, had worked on his campaign.

The recusals will be forwarded to county court Judge Robert Noonan who will appoint another judge.

Assistant District Attorney Kevin Finnell suggested that the case be moved to another town or county because of conflicts of interest in the politically sensitive matter. Charvella's attorney, E. Robert Fussell, opposed the idea and Arrington said there was no adequate basis to justify moving the case.

County Legislator Jay Grasso had Charvella arrested by State Troopers after Charvella made statements on his blog regarding some campaign sign shenanigans and he left a message on Grasso's home phone.

On his blog Charvella said, among other things, that he was going to stick a campaign sign up the arse of the first Republican he encountered at local GOP headquarters if another sign for Republican Senator Mike Ranzenhofer showed up on property he managed.

After a sign reportedly did show up at Charvella's house, with a message written on it that indicated it may have been left by Grasso.

That prompted a call from Charvella to Grasso's home phone.

"Hey, Jerome, it's Chris Charvella. Thanks for reading my blog," was the message Charvella left.

He then posted a blog item that concluded with a picture of an Ewok and the message, "prepare your anus."

In a statement to The Batavian on Friday, Charvella said he didn't believe he did anything illegal.

Before Arrington spoke, Fussell had a brief conversation with Finnell. Fussell asked if the DA's office had received his faxed letter, seeking dismissal of the case because it is a First Amendment issue.

Finnell acknowledged reading the letter, but said "This is not a First Amendment case. ...By calling the house and referencing the blog, that was taken as a threat."

"You're kidding?" said Fussell.

"No, I'm serious," Finnell said flatly.

"I'm ready -- whatever," responded Fussell.

Moments later, an incredulous Fussell told Arrington "We live in a whole new universe than the one I grew up in."

Democrats Rose Mary Christian, who sits on the Batavia City Council, and Lorie Longhany, who chairs the County Democratic Committee, accompanied Charvella in court today.

"This is absolutely not a good use of taxpayer money," Christian said afterward. "There was no threat to Jay or Mrs. Grasso. You should hear some of the messages people have left on my phone. You wouldn't believe the stuff they say. 'You bitch, why did you do that?' I just call them back and say "Here's why."

Longhany said the case is pure politics, adding that Grasso is "trying to shut us up" and that Charvella will wind up paying a hefty legal bill for nothing.

Previously: Local Dem arrested after Republican legislator accuses him of harassing phone call

Darrell Smith, 43, of Queens Drive, West Seneca, is charged with DWI, driving with a BAC of .08 or greater, aggravated unlicensed operation and improper stopping on a highway in the Town of Alexander. Smith was arrested following a report of a one-car accident at 3:32 a.m. on Oak Street in the City of Batavia. Smith allegedly fled the scene of the accident in his car. Smith also faces charges in the city for allegedly leaving the scene of a property damage accident, moving from lane unsafely and aggravated unlicensed operation.

A 17-year-old from Attica Road, Attica, is charged with criminal possession of stolen property, 5th. The youth was allegedly found in possession of a stolen a black Diamond Back BMX-style bicycle. The bicycle had been reported stolen from a person in the Village of Attica on July 3.

Peter J. Gravante Jr., 21, of Townline Road, Byron, is charged with DWI, driving with a BAC of .08 or greater, aggravated unlicensed operation, 3rd, no license plate lamp and operating without brake lights. Gravante was stopped at 4:08 a.m., Friday, on Route 5, Town of Batavia, by Deputy Kevin McCarthy.

Alexander Kae Zorich, 18, of Batavia-Stafford Townline Road, Batavia, is charged with petit larceny. Zorich is accused of shoplifting from Kmart.

A 16-year-old from Route 20, Alexander, is charged with criminal possession of stolen property. The youth was arrested following an investigation into car break-ins in the Village of Alexander during the night hours of Aug. 6-7. A younger defendant was also arrested, and considered the prime suspect. That case was handed over to family court.

Wesley Herrick Marean, 20, of Bronson Avenue, Avon, is charged with petit larceny. Marean is accused of shoplifting from Kmart.

Tiffany Monea Gaulden, 19, of Taft Avenue, Rochester, is charged with criminal trespass. Gaulden was allegedly found in a controlled access building at College Village. Gaulden was reportedly barred from the property. On Nov. 4, Gaulden was also arrested for alleged trespass and issued an appearance ticket. For the alleged trespass on Friday, Gaulden was jailed on $500 bail.

Gina Lee Schmidt, 21, of Elm Street, Le Roy, is charged with petit larceny. Schmidt is accused of using a fraudulent check at Walmart.

Peter S. Brigzna, 21, of Townline Road, Bergen, is charged with felony DWI and stopping on a highway. Brigzna was arrested following a report of a car stopped in the middle of the road on Bank Street Road, Batavia, at 6:52 p.m., Friday. Brigzna was allegedly found passed out in the car with the car running and the lights on. He was jailed on $1,500 bail.

Travis J. Schultz, 22, of 3620 Maltby Road, Oakfield, is charged with criminal mischief, 4th. Schultz is accused of recklessly damaging the entry door of Sport of Kings restaurant during a fight with another person.

Clinton A. Anderson, 25, of 8 Walden Creek Drive, Batavia, is charged with criminal contempt, 2nd. Anderson was allegedly involved in a domestic incident with a woman he was ordered to stay away from. He was jailed on $2,500 bail.

Brandon T.C. Johnson, 20, of Culver Road, Rochester, is charged with unlawful possession of marijuana and uninspected motor vehicle. Johnson was stopped at 5:14 p.m., Nov. 3, on Main Road, Corfu, by Deputy Patrick Reeves.

A perfect season came to a disappointing end for the Le Roy Girls Volleyball Team Saturday as they suffered their first lost of 2010 in a regional championship game at Genesee Community College.

Le Roy (21-1) lost to Section VI Champions Falconer High School (from near Jamestown) three games to one by scores of 25-21, 24-26, 25-23 and 25-19.

Katlyn Tyler had 21 kills and 20 digs for Le Roy. Megan Condidorio had 22 assists and 18 digs.

Six more photos after the jump -- and we have more than 30 photos available for purchase by clicking here.

I finally finished editing and processing the pictures from Wednesday night's victory for the Le Roy girls volleyball game in their regional playoff match (story).

More pictures after the jump.

Photos can be purchased -- at our revised, lower pricing sheet with more options -- by clicking here.

After finishing some business I had to conduct in Le Roy on Wednesday afternoon, I took some time to walk around the east side of the village and make some pictures. Le Roy is such a photogenic village I've been thinking I need to get out there more often for these sorts of expeditions.

Here's three pictures from Wednesday's walk about.

In Victor on Wednesday night, the Le Roy Girls Volleyball Team kept its undefeated season alive with a 3 games to 2 win over Skaneateles.

With the Oatkan Knights' first-ever regional playoff win, the girls will now meet an opponent to be determined Saturday at Genesee Community College. The match starts at noon.

Two days ago, the Lady Knights clinched the team's third Section V title.

"The season has been unbelievable," said eight-year Head Coach Kelly Tyler. "I never would have put the expectation on the kids for what they have achieved."

Le Roy (21-0) put away Skaneateles (17-2) 25-11, 19-25, 20-25, 25-18 and 25-12.

Tyler said she isn't really sure what happened in the second and third games when the girls seemed to lose focus, but they pulled back together in the final two games. By the fifth and final game, Skaneateles appeared completely over-matched and unsure how to respond. At one point in the final game, Le Roy had an 11-1 lead.

"It came down to teamwork and a real desire to win," Tyler said. "They don’t like to lose."

Sophomore Katlyn Tyler had 42 kills and 17 digs and Megan Condidorio had 38 assists, 31 digs and 4 aces for Le Roy. Chelsie Hixenbaugh had 32 digs.

The winner Saturday will move on to the state championships.

(NOTE: Hopefully, we'll be able to get several more pictures posted on Thursday.)

In the aftermath of the York Road fire Saturday, a reader mentioned that homeowner and taxidermist Bill Scheg had once stuffed a giraffe that had died while in a parade in Le Roy.

To answer one of the questions that came up, I stopped into Pontillo's while I was in Le Roy today to see if it is still there -- it is.

Douglas Grant Goodwin Jr., 19, of Bank Street, Batavia, is charged with criminal possession of a controlled substance, 7th, criminal possession of a weapon, 4th, and unlawful possession of marijuana. Goodwin was stopped at 1:30 p.m., Monday, on Sheppard Road, Batavia, for allegedly pulling a trailer without registration or lights by Deputy Brian Thompson. During the stop, Goodwin was allegedly found in possession of marijuana, hydrocodone pills and a double-edged dagger. K-9 "Jay" participated in the investigation.

Gregory Louis Lepsch Jr., 18, of Batavia-Elba Townline Road, Batavia, is charged with unlawful possession of marijuana. Lepsch was apparently with Goodwin at the time of the traffic stop at 1:30 p.m., Monday, on Sheppard Road, by Deputy Brian Thompson and K-9 "Jay."

Thomas A. Rebar, 55, of Albion, is charged with unlawful possession of marijuana. Rebar was arrested at 1:10 p.m., Saturday, by State Police, on East Shelby Road, Alabama.

A 16-year-old from Bethany, is charged with menacing, 2nd, using a weapon. The youth was arrested by State Police at 9:15 a.m., Sunday, for an alleged incident in Alexander. No further details were released.

Joshua H. King, 25, of Batavia, is charged with grand larceny, 4th (credit card). King was arrested by State Police at 3:16 p.m., Nov. 5, for an alleged incident two days earlier in the Town of Murray. King was held without bail. No further details were released.

Walter L. Knickerbocker, 53, of Pavilion, is charged with possession of a loaded firearm in a motor vehicle, criminal possession of a controlled substance, 7t, and unlawful possession of marijuana. Knickerbocker was arrested by State Police at 9:36 p.m., Nov. 5, on Route 19, Le Roy. No further details were released.

Recent indictments from the Genesee County Grand Jury:

Donald F. Stillwagon II, is charged with assault, 2nd. Stillwagon is accused of assaulting a police officer with the intent of preventing him from performing his lawful duties. The alleged incident occurred on Sept. 29. (Initial Report)

Adam B. Thomas is charged with misdemeanor DWI, driving with a BAC of .08 or greater and aggravated unlicensed operation of a vehicle. Thomas is accused of driving a 1998 Dodge on Prole Road in Stafford on June 13 while intoxicated.

Sath P. Dhanda is charged with two counts of criminal contempt, 1st. Dhanda is accused of physically attacking a woman for which there was an order of protection in place and putting her in fear for her life. The alleged incident occurred on Sept. 24.

James D. Henry is charged with attempted grand larceny, 3rd, and criminal possession of a forged instrument, 3rd. Henry is accused of attempting to steal something of greater value than  $3,000 on Sept. 28 in the Town of Le Roy. He is also accused of possessing forged prescriptions.

Jason A. Armstrong is charged with assault, 2nd, and criminal contempt, 2nd. Armstrong is accused of causing serious physical injury, with intent to do so, to another person in Stafford on June 27. Armstong is also accused of being in the presence of another person he was ordered by a court not to be around.

There is a rollover accident reported on the Thruway near mile marker 396 in the westbound lane.

Minor injuries reported.

The vehicle rolled twice and hit another car in the service center.  The driver is conscious and alert.

Le Roy Fire and Ambulance are responding.

Yesterday, 5 p.m., the sky was beautiful, the sun was setting and I had just left the office on a photo hunting expedition when Billie called me and said a structure fire was reported on York Road.

Driving out to Le Roy then, I passed up what seemed like several potentially marvelous photos.

This morning, heading home from doing a follow-up story on York Road, the sky was a flat gray, so photo opportunities were scarce. 

I did like the view of this bare tree by the side of Linwood Road. The red car passing at the right time was a bonus.

After that, I found the free love seat available in front of Steve Upson's house on Bernd Road, Le Roy. I took the picture and left the seat, in case anybody else wants it.

After losing nearly everything in a devastating fire Saturday, Bill Scheg was victimized again sometime early Sunday morning when thieves broke into what was left of his taxidermy and gun shop on York Road.

Compared to the destruction of the log-cabin type house he built himself in Le Roy, Scheg's adjacent shop was relatively untouched by the fire and still contained ammo, arrows, bows and other items.

Deputy John Duyssen said, however, that there was enough damage that it's hard to tell what was taken.

When firefighters arrived at 9616 York Road early this morning to deal with a hot spot in the basement that had rekindled, they found charred wood and shotgun shells strewn in front of the door for Scheg's business, Genesee Valley Taxidermy & Shooting Supplies.

Those items weren't there when they cleared the scene from the initial fire shortly after midnight.

Vandals also knocked over Scheg's mailbox.

"Talk about kicking a man when he's down," said Tim Yaeger, coordinator of Genesee County Emergency Management Services.

Duyssen expressed concerned that ammo from the shop had been heat and water damaged. It could misfire, and seriously injure whoever tries to use it.

Investigators were on scene this morning trying to determine the cause of the fire. 

Yaeger said the cause was apparently accidental and arson has been ruled out, but the exact cause may not be discovered until Monday or later, when investigators can gain access to the electrical panel in the basement.

The insurance company needs to pay for debris removal before investigators can get to the basement.

Meanwhile, friends of Scheg's, such as Richard Barnard pictured below, began the tedious task of recovering Scheg's decades of hunting photos, saving and preserving what they can.

All of Scheg's prized big-game trophies -- Scheg had traveled the world hunting -- were destroyed in the fire.

More pictures after the jump:

There two fire alarms overnight.

At 3:32 a.m., a garage fire was reported at 10780 Sandpit Road, Alexander. The cause of the fire is still under investigation. It caused an estimated $70,000 damage.

This morning, Le Roy Fire responded to the location of yesterday's fire on York Road for a rekindle.

UPDATED 11:01 p.m.

Thirty-five years ago, William Scheg built himself a dream home -- doing most of the work himself.

Out among the flat farm fields and game-rich woods of rural eastern Genesee County, Scheg build a log-cabin construction home where he would eventually open a business -- Genesee Valley Taxidermy & Shooting Supplies.

Late Saturday afternoon, Scheg was in the woods near his York Road home when a fire started in the garage.

"I heard some shots and I thought it was the neighbors target practicing," Scheg said. "Then I heard more shots and the whole woods filled up with smoke. I kind of got this empty feeling in me and thought what might be happening. I got the road and saw the inevitable. It was all on fire."

By that time, firefighters from several companies were on scene and the house was fully engulfed.

The fire was initially reported at 4:50 p.m. by Frank Capuano, a retired city firefighter who was driving down York Road and spotted smoke coming from the garage of 9616 York Road, Le Roy. Upon further investigation, he confirmed the fire and called 9-1-1.

Just five minutes earlier another man on his way to work as a clerk at a gas station on Route 5 drove by the same house -- which he knows because he's known Scheg since the clerk was a little boy -- and he didn't see a thing.

The fire was well advanced by the time crews from Le Roy Fire arrived on scene and it spread quickly as crews struggled to get a reliable source of water to fight the fire.

Tanker trucks were sent to the nearest fire hydrant, at Route 5 and York Road, two miles to the north, where they could fill up and shuttle water to the scene. Water was also drawn from the pond on the property.

Assistant Fire Chief Thomas "Woody" Woods said water supply was the biggest problem firefighters faced in battling the blaze.

There was some concern about the ammo in the gun shop when crews first arrived.

"You could hear the popping from the ammo going off, so we kept back," Woods said.

According to property tax records, the home was valued at $168,900, and was 2,070 square feet on 1.22 acres.

Scheg lived in the home with his wife Margaret. She was also out of the house at the time of the fire. Their dogs were able to get out of the house before the fire trapped them and were taken in by a neighbor. The Schegs also had some pet birds who perished in the fire.

The cause of the fire is under investigation.

As of 11 p.m., some fire crews were still on scene, though some crews were back in service.

Responding to the fire were Le Roy, Pavilion, Caledonia, York, Stafford, Bergen, and Le Roy Ambulance, Genesee County Emergency Management and the Sheriff's Office. The Town of Batavia Fire Department filled in at Le Roy's fire hall.

More pictures after the jump:

Here are two photos submitted by readers on the fire on York Road. We'll have more photos and full coverage later tonight.

UPDATE: More photos after the jump, submitted by retired city firefighter Frank Capuano, initially reported the fire after seeing smoke coming from the garage.

A fully involved structure fire is reported at 9616 York Road in Le Roy.

The property includes a house, garage and workshop.

Le Roy, Pavilion, Stafford, Bergen and York fire departments are called to respond.

There is said to be a lot of animals in the vicinity. A nearby natural pond may be used to help put out the flames.

Fire police have shut down traffic at Harris and York roads.

UPDATE (6:03 p.m.): A fire chief at the scene says "the family is staging at Kelly Harold's. If anyone's trying to reach the family, they will be there."