Le Roy

The Genesee County Dispatch Center just received a complaint from a Le Roy resident displeased with a neighbor mowing the lawn at this time of night.

The dispatcher asked if is there is an ordinance about noise which might prohibit lawn mowing after a certain hour. The officer says he's not sure -- the town was looking to pass a noise ordinance which would address such an issue, but he was uncertain whether or not it passed.

Regardless, the policeman is responding to the complaint.

The Le Roy Community Pool was the place to be today with humidity high and temperatures well into the 80s. Dozens and dozens of residents made use of the pool, including above, Micheal Iten and 6-year-old son, Elijah, who was learning to jump into the water. Playing with Michael and Elijah is family friend Erin Overacker.

Kermit Arrington, town justice in Le Roy for more than 20 years, community booster for his entire life, was laid to rest today Machpelah Cemetery.

A two-car accident with injuries is reported in front of the Mobile Gas Station at 13 Lake St., Le Roy. Le Roy Fire and Ambulance Service are responding.

UPDATE 3:06 p.m.: The fire chief is on scene.

UPDATE 3:07 p.m.: The chief tells the fire crew to stand down. Medics arrived.

UPDATE 3:10 p.m.: The patient was a sign-off. The assignment is back in service.

Kermit Arrington, longtime town justice in Le Roy, an athlete, World War II veteran and one of the most respected men in Genesee County, has died.

The lifelong Le Roy resident was 86.

Arrington served as town justice for more than 20 years. For 34 years prior to becoming justice, he worked for the Le Roy Public Works Department, serving as supervisor for 20 years.

A graduate of Le Roy High School, where he was a standout in football, Arrington joined the military after graduating and during World War II served in the 758th 64th Tank Division.

In 1989, he was named Le Royan of the Year.

As an adult, Arrington continued to play sports, starring as the QB for the All Le Roy semi-pro football team. He also umpired and ref'd youth baseball and football.

He was a life member of Excelsior Hook and Ladder and volunteer with the Le Roy Fire Department.

Funeral arrangements are being handled by Falcone Family Funeral & Cremation Service.  Further details pending.

Photo: via LeRoyFootball.com.

Law enforcement is sending out an All Points Bulletin to be on the lookout for a missing 15-year-old boy from Stafford who has not been seen since late last night.

He is white with blond hair and was last seen on Main Street riding a neon green bicycle and wearing pants with a print of the cartoon character "Elmo" on them.

He's tall -- 6'6" -- and his weight is estimated to be around 190 pounds.

Officers are particularly checking in Batavia and Le Roy, where he has friends.

If you know of his whereabouts, contact the dispatch center at 343-5000 or the Sheriff's office.

UPDATE 2:54 p.m.: The teen has been found and is safe.

Following a Local Drug Enforcement Task Force raid, two Le Roy residents have been arrested on drug charges.

Taken into custody were Jacqueline D. Cecere, 35, and Brandon M. Longhany, 33, both of Clay Street.

They were charged with criminal possession of a controlled substance, 7th, criminal possessing of a hypodermic instrument and criminal using drug paraphernalia. All three charges are misdemeanors.

Task force agents reportedly found hypodermic instruments, methadone, a small quantity of cocaine, heroin and packaging used for controlled substances.

Uniformed deputies and Le Roy PD assisted in the execution of the search warrant.

A Le Roy woman, already facing a pot growing charge, has been arrested again on an unrelated burglary charge.

Sara E. Schimley, 23, is accused of unlawfully entering or remaining in the apartment of an acquaintance between April 1 and May 24 and brandishing a crowbar and putty knife.

She was arrested by Le Roy PD on charges of first degree burglary, a Class B felony, and criminal possession of a weapon, 3rd.

Nearly two weeks ago, Schimley's apartment on East Main in Le Roy was raided by members of the Local Drug Enforcement Task Force and Schimley was charged with unlawful growing of cannabis, a Class A misdemeanor, and unlawful possession of marijuana.

Also charged a few days later was 33-year-old Michael J. Penvose.

Schimley and Penvose have a young daughter together and Penvose made news in April when he was accused of stealing a thermometer from Le Roy's Dollar General store. After sharing with police that he was concerned about the health of his infant child, a Le Roy PD officer purchased the thermometer for him.

Schimley was arraigned in Le Roy Town Court on the new charges and released under supervision of Genesee Justice.

Charles D. Johnson, appearing before Judge Robert C. Noonan for the first time on charges that could land him in prison for life, became argumentative near the end of his arraignment over the issue of who should represent him.

"I don't want this man as my lawyer," said Johnson, moments after entering a not guilty plea to an eight-count indictment that includes charges of predatory sexual assault, a Class A-II felony, rape in the first degree, criminal sexual act in the first degree and sexual abuse in the first degree.

Johnson, whose aunt and other family members were in the courtroom, said his family is hiring an attorney for him.

Today, he was represented by Public Defender Gary Horton.

Noonan tried to explain to Johnson that until the point that a private attorney is hired, he has assigned counsel for his own protection and that Horton is his attorney for now.

The 29-year-old Johnson repeatedly interrupted Noonan. "Don't I have a right to say who my attorney is?" Johnson said. "I did not request him," he said. "I want a different attorney." "Can't my family have 30 or 45 days to hire an attorney?"

Finally, Johnson asked to represent himself until his family hires an attorney.

Noonan told him the case was over for the day and if his family hasn't hired an attorney by the time of his next scheduled court appearance -- Aug. 13 -- he can address the attorney issue then.

Johnson is accused of breaking into the apartment of a woman May 9 and using a knife to threaten her while sexually assaulting her.

Following his arraignment in Town of Le Roy Court, Johnson was ordered held without bail. Today, Horton argued that some bail -- perhaps high bail -- should be set for Johnson.

Horton found fault with the bail evaluation, saying he should have scored higher because he lives with his aunt and because he's been on public assistance for a number of years. He also said his client denies daily use of marijuana.

"He denies any chronic drug use," Horton said.

Assistant District Attorney Kevin Finnell said no bail was preferable, but if Noonan set bail, it should be at least $100,000 cash.

"The bail evaluation is scored negative eight points and that's appropriate," Finnell said. "It was properly prepared and verified. I would submit that Mr. Johnson isn't entitled to any more points than given in the evaluation, and even if he were, the crimes charged in this indictment are very serious and present a grave risk of flight."

Noonan said that since Johnson faces a possible life prison term he should be held without bail until trial.

As soon as Noonan said that, Johnson started arguing about his attorney.

Joey A. Evans, 22, of 202 State St., Batavia, is charged with petit larceny. Evans allegedly admitted to a theft of a bicycle from 400 Towers following several anonymous tips to police from readers of The Batavian.

Darrell Smith, 46, of 26 Queens Drive, West Seneca, is charged with criminal obstruction of breathing/blood circulation. Smith is accused of grabbing a woman he knew by the throat.

Bill A. Thomas, 53, of 252 State St., Batavia, is charged with disorderly conduct (creating a hazardous or offensive condition), disorderly conduct (obscene language/gestures) and open container. Thomas was arrested at 140 W. Main St., Batavia, for an alleged incident reported at 6:15 p.m., June 3, at 15 Main St., Batavia. No further details were released.

Danny J. Torok Jr., 26, of 3177 Dodgeson Road, Alexander, is charged with burglary, 1st (use or threat of use of a dangerous instrument), criminal possession of a weapon, 3rd, unlawful imprisonment, 1st, criminal contempt, 1st (violating an order of protection while using a weapon), and menacing, 2nd. Torok was taken into custody by Batavia PD on an arrest warrant. The alleged incident was reported at 1:30 a.m., May 16. He was jailed without bail. No further details were released.

Cherkiga Starks, 36, of 335 Bank St., Apt. A7, is charged with endangering the welfare of a child. The alleged incident occurred at 11:57 p.m., May 31. No further details were released.

Steven E. Wells, 51, of Macomber Road, Oakfield, is charged with DWI, driving with a BAC of .08, aggravated unlicensed operation, 1st, operating without an interlock ignition device, and driver's view obstructed. Mary E. Wells, 51, of Macomber Road, Oakfield, is charged with facilitating aggravated unlicensed operation, David Daniels, 56, of Macomber Road, Oakfield, is charged with consumption of alcohol in a motor vehicle. Steven Wells was stopped at 2:11 p.m., Sunday, on Slusser Road, Pembroke, by Deputy Chris Parker for allegedly driving with driver's view obstructed. Upon investigation, he was found to be allegedly driving drunk. Mary Wells is reportedly the registered owner of the vehicle and is accused of knowing Steven Wells did not have a valid driver's license. David Daniels was a passenger in the vehicle and was allegedly consuming alcohol while in the back seat.

Jason Leo Antos, 21, of Independence Avenue, Niagara Falls, is charged with criminal trespass, 3rd, and unlawful dealing with a child. Antos is accused of unlawfully entering the campgrounds at Darien Lake Theme Park and supplying alcohol to a minor.

Joshua M. Gaudioso, 24, of Lake Street, Le Roy, is charged with possession and transportation of more than 400 untaxed citgarettes. Gaudioso was stopped for an alleged traffic violation at 5:43 p.m., Saturday, on West Main Street, Le Roy, by Deputy Patrick Reeves. During the stop, Gaudioso was allegedly found in possession of more than 400 untaxed cigarettes and operating on a suspended registration.

Heather Jo Lehman, 20, of Oliver Street, North Tonawanda, is charged with criminal trespass, 3rd, and unlawful possession of alcohol under age 21. Lehman was allegedly on Darien Lake Theme Park campgrounds property unlawfully and in possession of alcohol at 3:19 a.m., Sunday.

Jeffrey Scott Canale, 43, of Orchard Drive, Le Roy, is charged with DWI, driving with a BAC of .08 or greater, failure to reduce speed on curve, leaving the scene of a property damage accident and failure to keep right. Canale was allegedly driving a 1999 BMW on Oatka Trail, Le Roy, at 2:13 a.m., when he was involved in a single-car accident.

Elizabeth Anne Weiner, 22, of Conkey Avenue, Rochester, is charged with criminal possession of a controlled substance, 7th, and unlawful possession of marijuana. Weiner was a passenger in a vehicle stopped for an alleged traffic infraction June 2 by Deputy Patrick Reeves. She was allegedly found in possession of Ecstasy (MDMA) and marijuana.

Clifford Leo Regimbal, 34, of Granite Street, Webster, Mass., was arrested on bench warrants for alleged criminal possession of marijuana and unlawful growing of cannabis. Regimbal is being held on an unrelated matter after being returned to New York from Massachusetts, and was arrested on warrants out of Town of Alabama Court. He was also arrested on warrants out of Village of Corfu Court for alleged criminal use of drug paraphernalia and possession of a controlled substance, 7th.

Joel David Prouty, 27, of Fisher Road, Oakfield, is charged with criminal contempt, 1st. Prouty is accused of stalking and harassing a protected person in violation of a court order issued by Judge Robert C. Noonan.

Jesse S. Repass, 26, of Oakfield, is charged with petit larceny. Repass is accused of stealing from a location on Lewiston Road, Batavia, and was arrested by a state trooper.

"Sydney," an older, slender German shephard owned by Andrew and Carrie Lathan, is missing.

She was wearing a pink collar when last seen yesterday heading southbound on Route 19 in Le Roy, just past Munson Street.

Anybody with information can call the Lathans at (585) 768-2278 or contact the Le Roy PD.

UPDATE 11:51 a.m.: Thanks to readers of The Batavian, according to the dog's owners, we are happy to report that Sydney has been located and returned home safely.

A young woman from Le Roy said she believes she fell asleep before her car went off the road on Route 5 in Stafford at 11:22 p.m., Thursday.

The 2003 Dodge sedan became fully engulfed in flames after hitting a mailbox and then an earth embankment.

Marisa B. Fox, 20, of South Street Road, Le Roy, suffered minor injuries in the accident, which was investigated by Deputy Frank Bordonaro.

No citations were issued.

Stafford Fire Department responded to the fire call and Mercy EMS assisted at the scene.

(Initial Report)

Be on the lookout for bears in Le Roy!

According to its police department, there have been some bears sightings in the area around Hartwood Park.

And today, a resident in a housing tract known as Presidential Acres called police saying his bird feeders were destroyed and the animal tracks in the wet grass went into a wooded area behind his house. Presidential Acres runs between Summit Street Road and Robbins Road, west of the Hartwood Park area.

The state Department of Environmental Conservation was contacted and their advice to the homeowner is something the police department would like readers to know:

• Ensure that all garbage outside is either secured or brought in.
• Bird feeders, while they can be out during the day, need to be brought in at night, every night.
• Know that bears are intelligent animals and once they determine the location of an easy meal, they will come back continually.
• It should be emphasized that bears are wild animals and should be left alone.
• If the animal appears injured, or there is some incident causing danger, call police or the DEC to address the problem. Do not approach the animal.

To contact the Le Roy Police Department call 768-2527, ext. 2225, and leave a voicemail for Sgt. Timothy R. Hayes or call the Dispatch Center at 345-6350.

To contact the DEC office for Genesee County (Region 8) in regard to wildlife issues, call the Avon office at (585) 226-5380.

Charles D. Johnson is indicted on two counts of predatory sexual assault, a Class A-II felony, rape in the first degree, criminal sexual act in the first degree, sexual abuse in the first degree, criminal possession of a weapon in the third degree, burglary in the first degree, criminal mischief, 4th. Johnson is accused of raping a woman in Le Roy on May 9 and using a knife in commission of the crime and threatening the victim with the knife. He is accused of breaking into the residence with the intent to commit a crime using a knife and of breaking a window screen to gain entry. The criminal possession of a weapon count is also based on a prior conviction for Johnson in the City of Buffalo on an obstructing governmental administration charge.

Stephen E. Johncox is indicted on counts of burglary, 3rd, and petit larceny. Johncox is accused of entering a building on Hebbard Road, Le Roy, with the intent of committing the crime of stealing deep cell marine batteries.

Matthew R. Smith is indicted on a count of rape, 1st, and sexual abuse, 1st. He is accused of raping a person in Alabama on Jan. 31.

Daniel L. Dioguardi is indicted on counts of criminal possession of stolen property, 5th, two counts of criminal possession of a forged instrument, 2nd, burglary, 2nd, and petit larceny. Dioguardi is accused of illegally possessing a Sony Playstation Vita and a game, "Unit 13." He's accused of possessing two forged checks, written out for $120 and $150. He is accused of entering a residence on North Lyon Street, Batavia, with the intent to commit a crime. He is accused of stealing prescription pills and cash.

Rowlan Gureje is indicted on two counts of criminal possession of stolen property, 3rd. Gureje is accused of possessing stolen Dell projectors with a value of $23,657 and stolen 3200 WXGA network projectors with a value of $18,025.

James R. Barnett is indicted on two counts of criminal possession of stolen property third and one count of criminal possession of a forged instrument, 2nd. Barnett is accused of possessing stolen Dell projectors with a value of $23,657 and stolen 3200 WXGA network projectors with a value of $18,025. He's also accused of of possessing a forged NYS driver's license.

Christopher W. Fowler is indicted on counts of felony DWI and felony driving with a BAC of .18 or greater. Fowler is accused of driving drunk Jan. 20 on Miller and Stegman roads. Fowler allegedly has a prior DWI conviction in the City of Batavia on May 20, 2010.

A car as reportedly struck a deer in the westbound lane of the I-490 near mile marker .06 and injuries are reported.

Le Roy fire and Bergen fire and ambulance dispatched.

UPDATE 7:20 a.m.: Minor injuries at most.

UPDATE 7:21 a.m.: Fire apparatus response cancelled. Le Roy Ambulance can handle. Only bruising from airbags reported.