Le Roy

A 44-year-old Le Roy man is accused of video recording a naked developmentally disabled man while the group home resident was in a bathtub.

David C. Ewell was arraigned in Nunda Village Court on charges of second-degree unlawful surveillance, dissemination of an unlawful surveillance image, and endangering the welfare of an incompetent or physically disabled person. 

Ewell was jailed on $25,000 bail or $50,000 bond. He's an employee of the New York State Developmental Disabilities Services Office, and works at the Walnut Intermediate Care Facility in Nunda.

Ewell is accused of using his cell phone, recording the man and then disseminating the 30-second recording to another person.

(Source: Democrat & Chronicle)

A motor-vehicle accident with minor injuries is reported at Cole and East Bethany-Le Roy roads. Le Roy fire and ambulance are responding.

Le Roy Fire Police are called to the scene.

Terrance D. Bauer, 48, of Church Street, Alabama, is charged with criminal possession of a weapon, 3rd, and criminal possession of marijuana, 5th. Bauer was taken into custody by the Genesee County Local Drug Enforcement Task Force following the execution of a search warrant at his residence on Oct.15. Bauer was allegedly found in possession of marijuana and a billy club, which he cannot legally possess. Bauer was released on his own recognizance following his arraignment in Town of Alabama Court.

Craig A. Tiberio, 21, of Lathrop Avenue, Le Roy, is charged with assault, 3rd. Tiberio is accused of getting into an argument at a residence on St. Mary's Street, Pavilion, and punching another person in the face causing physical injury.

Robert Adam Barnhart, 25, of East Main Street, Batavia, is charged with grand larceny, 3rd. Barnhart was arrested on a warrant out of Wyoming County.

Aaron John Gugel, 18, of Donahue Road, Batavia, is charged with unlawful possession of marijuana. A K-9 handled by Deputy Brian Thompson reportedly alerted on Gugel's car, parked at 260 State Street.

Sharmice Shantell Gibson, 18, Wood Street, Batavia, is charged with unlawful possession of marijuana. A K-9 handled by Deputy Brian Thompson reportedly alerted on Gibson's car, parked at 260 State Street.

At least two people, and maybe more, have contacted the Le Roy Police Department to report unauthorized transactions on their debit cards.

The individuals contacted police, according to Sgt. Tim Hayes, after trying to use their cards at area stores and having the transactions denied.

Upon further checking, the card holders discovered numerous debit card purchases for varying amounts on different dates at out-of-state stores, Hayes said.

Hayes said Officer Emily Clark is also handling the case and she may have the names of other victims, but Hayes did not immediately have that information available.

A reader who tipped The Batavian to the investigation said as many as 40 people in Le Roy have had unauthorized transactions on their debit cards and Hayes said that number could be accurate because not all of the victims are calling the police department -- many are only contacting their bank branches.

It's not clear how the debit card numbers of the victims were obtained, Hayes said. The victims still have physical custody of their cards.

Hayes asked that any victims of the scam contact law enforcement. The investigation is continuing.

Two weeks ago, media in Rochester reported that numerous area residents had suffered a similar scam. The victims may have been customers of Aldi's, which reportedly suffered a security breech. A perpetrator reportedly tampered with Aldi's credit card terminals in 11 states.

It's unknown if the Le Roy victims have been caught in the same scam.

In his e-mail to The Batavian, Hayes wrote, "It would be well advised as a matter of routine credit security for people to regularly check their debit card and credit card statements for incorrect/fraudulent charges and to notify the police as well as their financial institutions immediately upon discovery."

An elderly man's scooter accidentally accelerated while entering a handicapped-accessible elevator at the Jell-O Museum in Le Roy on Friday, causing the man to fall 34 inches.

It's not clear why the scooter accelerated.

The man's identity or medical condition is not available at this time.

The initial scanner call reported he went into cardiac arrest and was transported to UMMC.

Sgt. Tim Hayes of the Le Roy Police Department said the man was entering the motorized platform of the elevator, which provides access to three levels of the museum, when the electric mobility scooter accelerated. The scooter struck the top of the door from the lower level. The door opened and the victim and his scooter fell about 34 inches striking the pavement below.

The investigation is ongoing and no further information is available at this time.

An elderly man is reported to have fallen through a wall at the Jello-O Gallery Museum, landing six feet below, and is unconscious with a head laceration. He is in full cardiac arrest.

Le Roy ambulance is responding. The accident occurred at the rear of the building, located at 23 E. Main St. in Le Roy.

UPDATE (2:44 p.m.): The patient is on a stretcher, back-boarded and collared and en route to UMMC.

Foreclosure proceedings have begun against 68 county properties because of unpaid taxes, including the Le Roy Pontillo's location, according to County Treasurer Scott German.

Pontillo's owes for three years of back taxes, including school, town, village and county, totaling $24,261.

The delinquent property owners have until Jan. 14 to make final payment on their back taxes to avoid having the property sold at auction.

The auction will be scheduled for some time in March or April.

German said typically, 50 to 55 of the property owners will settle their tax issues prior to foreclosure.

All of the property owners have been sent letters, and notices have been published in two daily newspapers, with additional notifications pending.

A fire is reported inside the maintenance shop of the Stafford Country Club. The shop is located off Route 5, just east of Route 237.

Stafford and Pavilion fire departments are responding, along with tankers from the Town of Batavia and fire police from Le Roy. South Byron fire is to fill in at the station for Stafford.

There is heavy smoke inside the structure.

UPDATE (5:53 p.m.): Firefighters are warned that there are chemicals stored inside the northeast end of the building. A firefighter says one piece of machinery is on fire but it is almost out. The roof does not need ventilating at this time.

UPDATE (5:57 p.m.): They are going to vent the north end of the building.

UPDATE (6:02 p.m.): The fire is confirmed to be contained to one piece of machinery and it has been dragged outside. Everything is under control. They are releasing some equipment to go back in service.

Le Roy Fire was at the Fire Training Center on State Street Road this evening for ongoing instruction on how to deal with car fires. The volunteers work on their approach to a vehicle and how to most effectively put out the fire. 

Volunteer firefighters from throughout Genesee County engage in various training and briefings every Monday night.

For more on volunteer opportunities, click here.

James R. Kosiorek, 18, of Myrtle Street, Le Roy, is charged with assault, 2nd. Kosiorek is accused of punching and kicking another person in the head, causing physical injury to that person by means of a dangerous instrument. The alleged incident occurred on Friday. Kosiorek was jailed on $5,000 bail.

Kenneth Michael Burns, 53, of South Lake Avenue, Bergen, is charged with criminal contempt, 2nd. While incarcerated at Genesee County Jail, Burns allegedly violated an order of protection by contacting the protected person by phone.

Justin J. Pryzybyl, 21, of 8411 Peachy Road, Bergen, is charged with DWI, driving with a BAC of .08 or greater, making an unsafe start and not wearing a seat belt. Pryzybyl was stopped at 2:10 a.m., Saturday, on Clay Street by Le Roy Police Sgt. Michael Hare.

Benjamin Louis Monna, 21, of Florendin Drive, Henrietta, is charged with operating a motor vehicle impaired by drugs, criminal possession of a controlled substance, 7th, unlawful possession of marijuana and speeding. Monna was allegedly spotted speeding on the Thruway (83 in a 65 mph zone) and was located a short time later on the side of the road at the Pembroke off ramp. He was allegedly found in possession of Ritalin without a prescription, a small amount of marijuana and was allegedly driving under the influence of drugs. He reportedly refused a blood test. Monna was taken into custody at 8:45 a.m., Friday, by Deputy Brian Thompson.

Mark Jacob Mutka, 29, of Ganson Avenue, Corfu, is charged with DWI, driving with a BAC of .08 or greater and speeding (84 in a 55 mph zone). Mutka was stopped at 4:08 a.m., Sunday, on Genesee Street, Darien, by Deputy Howard Carlson.

A Batavia man who tried to outrun law enforcement from Avon to Le Roy will serve one- to three-years in state prison, Judge Robert C. Noonan ruled this morning.

Randy S. Rumble, 27, of State Street, entered a guilty plea at the end of August to felony DWI and aggravated unlicensed operation. On Aug. 1, Rumble led cops from Avon and deputies from Genesee County on a high-speed chase until he ran out of gas and was taken into custody by a Le Roy police officer.

Defense attorney William Tedford described Rumble as the nicest client he has represented.

He's a nice guy who makes poor decisions when he drinks," Tedford said.

"I have no reason to think you’re not a nice guy, but as people in court have heard me say 100 times, if you get killed by a drunk driver it doesn’t matter if it's Mother Teresa or Charles Manson at the wheel," Noonan said.

"You're lucky you're not standing here responsible for the deaths of other people or buried in the ground yourself. This conduct is way beyond anything that’s acceptable in this society."

Assistant District Attorney Melissa Cianfrini argued for a stiff prison sentence.

"It was a dangerous situation," Cianfrini said. "He only stopped when he ran out of gas. He didn't stop voluntarily. He then ran into a hedgerow, further hampering law enforcement."

As for a statement to Noonan, Rumble apologized.

I respect whatever sentence you give me," Rumble said, then hung his head. "And that’s it."

Rumble will also be required to pay a $2,000 fine and have an interlock-ignition device on whatever vehicles he has access to upon his release from prison.

Previously: Batavia man allegedly tried to outrun law enforcement, until he ran out of gas

Gena Lorane Ellis, 24, of West Ridge Road, Brockport, is charged with petit larceny. Ellis is accused of stealing $124.13 worth of merchandise from Target by hiding the items under her child in her shopping cart.

Amanda Darlene Clemons, 26, of Ridge Road, Holley, is charged with petit larceny. Clemons is accused of trying to steal $211.86 worth of clothing, boots and other merchandise from Target by hiding the items under a blanket in her shopping cart.

David M. Saylor, 26, of 9431 Summit St. Road, Le Roy, is charged with DWI, aggravated DWI with a BAC of .18 or greater, failure to keep right, no seat belt and unsafe tires. Saylor was allegedly involved in an accident on North Street. He is accused of striking a parked car at 12:26 a.m. and causing significant damage to both vehicles.

A 41-year-old Covington man already facing charges out of the Town of Batavia for allegedly trying to pass himself off as a federal law enforcement agent was arrested by Le Roy Police on Monday on a similar charge.

Nikko C. Gambino, of Morrow Road, Convington, was arraigned in Le Roy Town Court and jailed on $750 on a charge of criminal impersonation, 2nd.

Gambino is accused of entering a Le Roy business some time in September allegedly dressed as a federal agent and directing an employee of that business to make a phone call under his pretend authority.

Three weeks ago, Gambino was arrested by the Sheriff's Office for allegedly attempting the same ruse in Walmart. A search of his residence reportedly found articles of clothing with law enforcement markings and a metal badge.

Chief Deputy Jerome Brewster said it isn't really clear why Gambino has allegedly attempted to enter retail outlets and pass himself off as a federal agent.

"He's refusing to talk, but we we think it is some sort of diversion," Brewster said. "He wants to draw attention to himself while his accomplice attempts to steal something. We haven't been able to confirm that with surveillance tapes and nothing has been reported stolen. At this point, it's just a guess."

On the arrest out of the Town of Batavia, Gambino was charged with two counts of criminal impersonation, 2nd, and one count of falsely reporting an incident.

He was initially jailed on $5,000 bail.

Le Roy Police say a 37-year-old Leicester woman stole from her employer earlier this year by creating forged cash cards.

Deanna L. Leach, of 5576 Gibsonville Road, Leicester, faces 11 felony counts of forgery, 2nd.

Det. John Condidorio said Leach allegedly altered 11 cash cards worth $50 each while employed as a manager at the business. Leach reportedly failed to log the cards in order to cover up her alleged crime.

Austin W. Smith, 24, of Batavia, is charged with DWI and aggravated DWI. Smith was reportedly involved in an accident at 8:24 p.m., Saturday, on Route 262, Town of Elba. The accident was investigated by State Police. (initial report)

Steven M. Keaton, 38, of 50 Gilbert St., Le Roy, is charged with three counts of criminal contempt, 2nd. Keaton is accused of violating an order of protection by being with the protected person on three different occasions.

Cassandra Kay Dembik, 18, of Pratt Road, Batavia, is charged with unlawfully dealing with a child. Dembik is accused of hosting an underage drinking party.

Lawrence Joseph Owczarczak, 55, of West Point Drive, East Amherst, is charged with harassment, 2nd. Owczarczak is accused of grabbing a young man by the arm on Friday evening.

David N. Taplin, 33, of 16 Skyline Circle, Brockport, is charged with criminal contempt, 2nd. Taplin reportedly turned himself in at Batavia Police headquarters in regard to a bench warrant.

Jerry T. Saddler Jr., of 112 State St., Batavia, is charged with criminal contempt, 2nd. Saddler is accused of violating an order of protection by allegedly contacting a woman he was barred from contacting.

Gregory Seppe, 52, with no permanent address, is charged with criminal trespass, 2nd. Seppe is accused of entering a dwelling on Columbia Avenue without permission. Seppe was jailed on $1,000 bail.

Nicholas A. Antonucci, 23, of 4192 Broadway Road, Alexander, is charged with disorderly conduct and unlawful possession of marijuana. Antonucci is accused of repeatedly shouting obscenities at 10:45 p.m., Friday, while in a parking lot at 214 E. Main St., Batavia.

Jodi L. Reed, 38, of 7428 Pearl St. Road, Oakfield, is charged with possession of a forged instrucment, 2nd, and petit larceny. Reed is accused of passing a forged check at a local bank on Aug. 3.

In Cal-mum and Leroy's 77th game against each other, Cal-mum defeated Leroy 42 to 0. Since it was Leroy's homecoming game, the stands were filled with excited fans and school attendees. Unfortunately for them, Leroy took a hard loss.

Jon Cappotelli had 19 carries, 98 yards, 1 touchdown run.

Christian Hallett had 1 carry, 41 yards, 1 touchdown run.

Trevor Haut had 6 carries, 28 yards, 1 touchdown run.

Tyler Lauffer had 10 carries, 57 yards, 2 recoveries and 2 touchdowns.

From the files of unsolved murders and mysterious deaths:

Bill Fickel, 2005: Chief Deputy Jerome Brewster believes he has a suspect, but needs more evidence to make a case. Brewster is looking for a second person he believes was outside Fickel's Oakfield home when Fickel was shot to death. Brewster's potential suspect is Steven Patrick Rebert, a former Oakfield resident who is a suspect in a double homicide in Pennsylvania. Brewster is hoping the second person will come forward and provide the additional information investigators may need to make the case.

"If we're going to get a conviction, we need more than a belief that this is the person who did it," Brewster said.

Kisha Sullivan, 2002: We spoke with Brewster about the Sullivan case in July, and Brewster said the eight-year-old cold case had recently become active He said there was a person identified who could be Sullivan's killer. Not much has changed since July. There is a man in Rochester that Brewster suspects killed Sullivan. He has reportedly told associates he did it, but nobody will come forward and help investigators put together a solid case. "Everybody is afraid of him," Brewster said. The Rochester police are aware of the suspect and the investigation and doing what they can to help.

Deborah Maniace, August 2010: Maniace's body was found next to the train tracks under the Route 33 bridge in Stafford. We asked Brewster about rumors that Maniace had information about meth dealing in Batavia and that this may be tied to her death. He laughed and said, "(Rumors) are just that." The rumors were checked out, Brewster said, and came to nothing. As recently as last week, investigators questioned Maniace's boyfriend, whom Brewster described as cooperative and somebody investigators are still looking at.

All available manpower from the Pavilion Fire Department is responding as mutual aid to York to fight a structure fire at 2905 Simpson Road.

Le Roy Fire Department is filling in at the Pavilion hall.

UPDATE (1:10 p.m.): Bethany Fire Department is called to fill in at the Le Roy fire hall.

UPDATE (1:33 p.m.): All Genesee County firefighters are ordered out of the structure. The fire chief reports they are already out and were the last ones out on the second floor.