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Two-car, head-on collision with serious injuries on Indian Falls Road

By Billie Owens

A two-car, head-on collision accident is reported on Indian Falls Road in the area of Pratt Road. Both drivers will need extrication. One of them is unresponsive and has three minors as passengers.

East Pembroke Fire Department is responding, along with mutual aid from Pembroke and Indian Falls, plus two Mercy EMS units. Two Mercy Flight helicopters are called in and a landing zone is being set up on the corner of Pratt and Indian Falls roads.

An Oakfield medic is on scene and a rig out of Oakfield is called to respond, too. Corfu Fire Police are called to handle traffic control and to shut down Indian Falls Road.

UPDATE 5:21 p.m.: A third Mercy Flight helicopter is called for, and is available, but a crew needs to be assembled. They are working to do that and will advise.

UPDATE 5:22 p.m.: The first helicopter is on the ground. Indian Falls at Route 5 is being closed to traffic.

UPDATE 5:25 p.m.: A second landing zone is being set up north of the scene, on the southeast corner of Indian Falls and Cleveland roads.

UPDATE 5:27 p.m.: A third helicopter has secured a crew and is 15 minutes away.

UPDATE 5:30 p.m.: A third landing zone is being set up at Kilian and Slusser roads.

UPDATE 5:33 p.m.: The second helicopter has landed, but not at the site originally designated. It's at Pratt and Indian Falls roads, where the first helicopter landed.

UPDATE 5:37: "Mercy Flight is advising they have a fourth helicopter if Squad 2 can ride on it."

UPDATE 5:38 p.m.: A fourth helicopter will not be needed.

UPDATE 5:41 p.m.: All patients have been extricated.

UPDATE 5:43 p.m.: Oakfield medics are en route to UMMC with two small children on board.

UPDATE 5:46 p.m.: The last helicopter has landed. The first chopper is headed to Women & Children's Hospital in Buffalo.

UPDATE 5:56 p.m.: The second helicopter is headed to Erie County Medical Center.

UPDATE 6 p.m.: The last helicopter is headed to Strong Memorial Hospital in Rochester at the patient's request.

UPDATE 7:48 p.m.: All East Pembroke units back in service. The road is reopened.

UPDATE 10:11 p.m.: A caller has told dispatchers that a television news crew is setting up in the area of the accident with very bright lights, "blinding drivers." A deputy is responding.

More pictures from the scene after the jump.

Level 3 sex offender offered reduced sentence, has until Aug. 8 to decide

By Howard B. Owens

Ronald A. Smith, a Level 3 sex offender facing three new felony charges, has been given a plea offer that would reduce his time in prison to five years.

Or he could take his case to trial, risk conviction, and a maximum sentence of 21 years in jail.

He has until Aug. 8 to decide.

Last month, Smith was convicted in a jury trial of failing to register his proper address as a sex offender.

He will be sentenced on Aug. 8 on that charge, with a possible sentence of up to three and a half years in prison.

If he pleads guilty to one count of sexual abuse in the first degree, he would receive a concurrent sentence of five years max.

The three sexual abuse counts carry a maximum possible sentence of seven years each, and the sentences could be imposed consecutively.

District Attorney Lawrence Friedman explained the plea offer in Genesee County Court this morning when Smith appeared so a trial date could be set on the sexual abuse charges.

Jury selection will begin Oct. 24 if Smith doesn't accept a plea deal on or before Aug. 8.

UPDATE: To clarify the sentencing options on the failure to register conviction. Smith can receive one of two possible indeterminate sentences, either one and a half to three years in state prison, or two to four years. So, on that charge he could likely serve from one and a half to two years, with credit for time already served. If he accepts the plea offer on just one count of sexual abuse, he would receive a determinate sentence of five years.  

Previously:

Le Roy woman who stole from daycare center gets five years probation, 60 days in jail

By Howard B. Owens

A 48-year-old Le Roy resident who stole $6,172 from her employer will spend five years on probation and serve 60 days in jail on an intermittent basis.

Doris M. Castle, of 8325 Vallance Road, was employed by the YWCA in a daycare program. She expressed remorse for her theft in a letter she wrote to her former boss and read in Genesee County Court this morning.

"Words canot begin to convey how truly sorry I am," Castle said. "I loved my job. I loved the kids. You're the best boss I've ever had and you were my friend. I never planned to steal anything, but I was so desperate for money and every time I thought I could put the money back, something else would happen and I would end up  needing more.

"...I know I made restitution, but I know I can't repair what you think of me or what you might think of other employees in the future and whether you can really trust them. As for the children, I know I let them down. Everything I tried to teach them about being a good citizen, I ruined by my actions."

Her supervisor, Patricia McAllister, read a statement emphasizing the trust Castle broke by stealing money and the strain it put on the YWCA to meet its financial obligations.

"She was trusted to provide the children with security, guidance and a role model they can look up to," McAllister said. "I question that role model at this time. I think it was one of the 7-year-old boys who came to me one day and said, 'I don't get it. I don't get it. What was Dory thinking. It wasn't her money.' I had no response whatsoever."

Judge Robert C. Noonan said he believed Castle was sincerely contrite, but added that maintaining public trust in the judicial system was important in embezzlement cases.

"When the public sees somebody who stole a candy bar, or more commonly a DVD or CD, from Walmart going to jail on a petit larceny charge for something that is less than $25 in value, and then they see somebody facing a much more serious charge in a case involving a lot more money getting a community-based sentence, the public has trouble figuring that out," Noonan said.

Noonan went on to explain that the main difference in the cases are the individuals involved. With the typical shoplifting case, the defendant is somebody in-and-out of the legal system, while most embezzlement cases, such as this one, involve somebody who has never been in trouble before.

"I don't fear somebody like you, especially with five years probation, will return to the criminal justice system," Noonan said, "but I do feel there is an importance to protect the credibility of the criminal justice system."

For that reason, Noonan said, he was imposing the maximum sentence available under what he characterized as a favorable plea agreement negotiated by Castle's attorney, William Harper.

Already in federal prison, Le Roy man pleads guilty in fraud case in absentia, case discharged

By Howard B. Owens

A former Le Roy resident who was first involved with a meth lab and later found in possession of forged currency had his forgery case resolved in Genesee County Court today in an unusual manner.

Because Christopher J. Elmore is already in Georgia serving a 10-year federal sentence on the meth lab charges, Elmore was allowed to plead guilty by affidavit to criminal possession of a forged instrument, 3rd, a Class A misdemeanor.

Without Elmore in the court -- and because of the expense of bringing Elmore back to Genesee County for both a plea and sentencing -- Judge Robert C. Noonan, in accordance with the plea agreement, granted an unconditional discharge of the case.

Today's Deals: Alex's, Alli's, Clor's, Settlers, Ficarella's, and more!

By Lisa Ace

Alex's Place, 8322 Park Road, Batavia, NY: People come from all over the region for a fine dining experience at Alex's. It's best known for its ribs, of course, but Alex's seafood is also a favorite of the restaurant's diners. We have a $25 gift certificate for $12.50.

Alli's Cones & Dogs, 7063 Lewiston Road, Oakfield, NY: Full breakfast, lunch and dinner menu; all-you-can-eat salad bar; ice cream served year-round; eat-in or take-out. We have $20 gift certificates for $10.

Blue Pearl Yoga, 200 E. Main St., Batavia, NY: Exercise your soul as well as your body in a friendly and relaxing atmosphere. We have a gift certificate for three weeks of yoga, three classes, a $30 value, for $15.

Clor's Meat Market, 4169 W. Main St. Road, Batavia, NY: For the best, most flavorful, juiciest chicken or hamburger in town, hands down, stop by Clor's. Oh, and the steaks are great, too. And the sausage. Clor's also serves lunch and dinners from 10 a.m. to 8 p.m. We have a $10 gift card for $5.

Ficarella's Pizzeria, 21 Liberty St., Batavia, NY. Dine-in, drive-thru or delivery. Featuring fresh, hearth-baked pizza since 1985, plus wings, pasta and more. We have $20 gift certificates for $10. (Good only at the Batavia location.)

Settler's, 353 W. Main St., Batavia, NY: Settler's has a 25-year history of serving great, affordable breakfasts, lunches and dinners to Batavians. We have a $20 gift certificate for $10.

South Main Country Gifts, 3356 Main St. Road, Batavia, NY: Handcrafted items, gifts with a regional flair, candles, teas and spices -- South Main has a wide selection to please most any interest. Decorate your home or office for summer. We have a $20 gift certificate for $10.

Spirits, 78 Lake St., Le Roy, NY. Le Roy's favorite sports bar, where fun and good food are always on tap. We have $20 gift certificates for $10.

SOLD OUT

Note: if you've never bought Deal of the Day before, or are otherwise unfamiliar with the rules and process, click here.

Teen accused of giving pills to minors at Farrall Park

By Howard B. Owens

UPDATED 11:20 p.m.

A Batavia High School student has been arrested, accused of giving an unknown type of pill to minors at Farrall Park on May 28, reportedly making the minors ill.

Charged with two counts of endangering the welfare of a child is Ryan F. DiMartino, 16, of 8821 Rollin Circle, Batavia.

DiMartino was arrested by Batavia PD Officer James DeFreze, who said in a news release that DiMartino was arrested following a  "lengthy investigation."

While police can't release the age of the alleged victims, DeFreze said in an interview that the minors were younger than DiMartino.

Though the alleged victims became ill, they did not require medical treatment, DeFreze said.

Following arraignment in Batavia City Court, DiMartino was released and scheduled to reappear on July 12.

Car strikes tree on Trumbull Parkway

By Billie Owens

A car has struck a tree on Trumbull Parkway. City Fire Department and Mercy EMS on scene.

UPDATE: There didn't appear to be any injuries.

Bergen man suffers bullet wound while watching fireworks in Rochester

By Howard B. Owens

A Bergen man was reportedly the victim of a gun shot during a fireworks display in Rochester on Monday evening.

Daniel MacKey, 40, checked himself into UMMC after returning from the fireworks in Rochester and medical staff found a bullet in his leg.

MacKey was apparently sitting on his truck with his daughter during the show when he felt a sharp pain in his leg just above the knee. He noticed blood and walked over to Rochester firefighters who where nearby and the firefighters bandaged up his leg.

He then returned to Batavia to have his leg examined locally.

The wound was reportedly caused by a small caliber bullet.

Investigators do not believe MacKey was targeted, but there are no suspects at this time. The shooting remains under investigation.

Car hits pole on Cedar Street

By Howard B. Owens

A car has hit a pole on Cedar Street near the Sandwash.

Mercy EMS and City Fire Department dispatched.

UPDATE: No to very minor injuries.

Today Deals: Ficarella's, Bohn's, Alli's Cones & Dogs, Pudgie's Lawn & Garden, and more!

By Billie Owens

Bohn's Restaurant, 5256 Clinton St., Batavia, NY. Fine dining in an atmosphere of casual elegance. Lunch and dinner, steak, prime rib and seafood. Ask about Bohn's catering services and banquet facility. We have $25 gift certificates for $12.50.

Spirits, 78 Lake St., Le Roy, NY. Le Roy's favorite sports bar, where fun and good food are always on tap. We have $20 gift certificates for $10.

Ficarella's Pizzeria, 21 Liberty St., Batavia, NY. Dine-in, drive-thru or delivery. Featuring fresh, hearth-baked pizza since 1985, plus wings, pasta and more. We have $20 gift certificates for $10. (Good only at the Batavia location.)

Pudgie's Lawn and Garden Center, 3646 W. Main St. Road, Batavia, NY: it's finally time for spring gardening.  Pudgie’s has everything you need, from bird bathes and flowers of every variety to mulch and fertilizer. We have a $25 gift certificate for $12.50.

Blue Pearl Yoga, 200 E. Main St., Batavia, NY: Exercise your soul as well as your body in a friendly and relaxing atmosphere. We have a gift certificate for three weeks of yoga, three classes, a $30 value, for $15.

Alli's Cones & Dogs, 7063 Lewiston Road, Oakfield, NY: Full breakfast, lunch and dinner menu; all-you-can-eat salad bar; ice cream served year-round; eat-in or take-out. We have $20 gift certificates for $10.

South Main Country Gifts, 3356 Main St. Road, Batavia, NY: Handcrafted items, gifts with a regional flair, candles, teas and spices -- South Main has a wide selection to please most any interest. Decorate your home or office for spring or summer. We have a $20 gift certificate for $10.

Settler's, 353 W. Main St., Batavia, NY: Settler's has a 25-year history of serving great, affordable breakfasts, lunches and dinners to Batavians. We have a $20 gift certificate for $10.

SOLD OUT

Severe thunderstorm warning issued for western Genesee County

By Howard B. Owens

A severe thunderstorm capable of producing quarter-sized hail and 60 mph winds is moving into Genesee County from the west and may reach Oakfield and Batavia.

The storm is currently located near Akron and is moving east at 25 mph.

The warning is in effect until 4:30 p.m.

Car versus motorcycle accident on East Avenue in the city

By Billie Owens

Someone has suffered a lacerated finger following a reported car versus motorcycle accident in front of 14 East Ave.

City of Batavia Fire Department and Mercy BLS (non-emergency mode) are responding. The location is between Columbia Avenue and Ross Street.

Driver suffers minor injuries after car careens off Thruway, lands on its roof

By Billie Owens

A 20-year-old man sustained only minor injuries after his car careened off the Thruway, onto the south shoulder of the roadway, flipped and landed on its roof in a ditch.

The driver managed to pull himself out of the wreckage and is being transported by Mercy medics to UMMC.

The accident happened at 4:03 p.m. He was heading eastbound when, for reasons unknown, his Honda sedan veered off the Thruway.

The accident scene was about 20 feet from curve where Park Road becomes Veterans Memorial Drive.

Many perks at GoArt!'s 'Picnic in the Park' this year, including author from Bethany

By Daniel Crofts

Abigail, age 7, showed us her cat-face Monday at GoArt!'s annual "Picnic in the Park." She had just been to the face-painting booth.

While I was there taking pictures, I ran into some, shall we say, figures of historical interest.

Jacob Richardson came dressed in the get up of a Revolutionary War soldier, complete with weapons and an old-fashioned belt (which soldiers needed to keep all their materials together, since their uniforms had no pockets).

Richardson was there to represent "Frontiersmen Camping Fellowship," a program of Batavia Assembly of God Church.

Also, a horse and carriage ride, just like the old days.

Also, Genesee County native Lynda Breckenridge Gaetano, author of the "Up South" series, was there to promote her books.

Gaetano now resides in Austin, Texas, but was raised on a dairy farm in Bethany. Her books are set in Genesee County and, all total, span a time frame ranging from the early 1800s, when pioneers first came to the "woody wilds" (as worded in a promotional pamphlet produced by the publisher, Blue Stocking Press) of Genesee County, up until the time of the World War II years.

They include a mixture of folk tales, real life stories and local history, all told from the perspective of a wizened sugar maple tree.

Gaetano has published her work in three volumes: "Spring," "Summer" and "Autumn." She hopes to publish the "Winter" volume soon.

The title, according to Gaetano, is based on a phrase her uncle and brother used whenever they would go to the Southern Tier to pick up goods.

"A lot of people don't know that in Genesee County, the Southern Tier is higher (in elevation) than the Northern Tier," Gaetano said.

Water from these high elevations goes south to form the Genesee River, which flows north into Lake Ontario. Hence, whenever you're travelling southward in the Genesee region, you are going "up South."

Gaetano said she was happy to be back in Genesee County promoting her books. While she has lived down South for many years, she still considers Genesee County home.

"You meet good people wherever you go," she said, "but there's something special about this place."

Her "Up-South" books are available for purchase at the Holland Land Office Museum in Batavia. Two of them -- "Spring" and "Summer" -- are available at the Richmond Memorial Library in Batavia, and the "Spring" volume is on the shelves of the Corfu Free Library, Le Roy's Woodward Memorial Library and Oakfield's Haxton Memorial Library.

Here are some other photos of the Fourth of July festivities and attractions:

Mariachi music and dance.

The Batavia Players performed selections from their recent musical, "On Broadway Too!"

 

Elle Fronckowiak and Beth Ryan were there representing Genesee County Right to Life.

April Meier, dressed in a bridal gown, represented Susan Meier Photography.

Dick Lawrence, a prevention educator who works with senior citizens on medicine safety and related topics, was there to represent Genesee/Orleans Council on Alcoholism & Substance Abuse (GCASA).

We hope everyone had a pleasant Fourth of July and enjoyed the fireworks!

Bike rider suffers minor injuries after car in Darien allegedly turns in his path

By Howard B. Owens

A bicyclist from Erie County was injured late Monday morning when a car reportedly turned in front of him at the intersection of Alleghany and Sumner roads, Darien.

Mercy Flight was initially dispatched to the scene, but was canceled before arrival.

Transported by ground ambulance to ECMC was Albert W. Weber, 49, of Heise Road, Clarence Center. He was treated and released.

Cited for allegedly failing to use a turn signal was Lynn A. Pilc, 38, of Schoellkopf Road, Cowlesville.

Pilc was driving a 2008 Ford SUV northbound on Route 77 when she reportedly decided to make a right-hand turn onto Sumner Road.

Pilc allegedly turned in front of Weber's bike and he was apparently unable to avoid a collision.

The accident was investigated by Deputy Nathan Balduf.

Police Beat: Elba man charged with setting off illegal fireworks

By Howard B. Owens

Derek Todd Hanchett, 21, of Arnold Road, Elba, is charged with unlawful dealing with fireworks. Hanchett was charged following an investigation by Deputy Jason Saile about a complaint of loud fireworks at 1:33 a.m., Monday, in the area of 4238 West Ave., Elba. Hanchett was allegedly found setting off fireworks and in possession of fireworks.

Edward Woods, 18, of Vine Street, Batavia, is charged with petit larceny. Woods is accused of stealing money from Darien Lake Theme Park while employed at the park.

Nicole Lynn Poler, 26, of Zig Zag Road, Albion, is charged with DWI, driving with a BAC of .08 or more and driving left of pavement markings. Poler was reportedly involved in a one-car accident in the area of 23 Allegany Road, Corfu, at 2:25 a.m. Saturday. The accident was investigated by Deputy Howard Carlson (initial report).

Benjamin Jeffery Kitanik, 26, of Maltby Road, Oakfield, is charged with unlawful possession of marijuana and driver's view obstructed. Kitanik was stopped at 2:25 a.m. Sunday on Route 77 in Darien, by Deputy Patrick Reeves.

Cody Lee Pahuta, 19, of Williams Street, Batavia, is charged with petit larceny. Pahuta is accused of shoplifting $22.88 in merchandise from Walmart.

Braydon Mitchell Edwards, 20, of Waterloo Street, Clyde, is charged with unlawful possession of alcohol under 21 years of age. Edwards was charged following an investigation into a disturbance at 5:53 p.m. Sunday at Darien Lake Theme Park.

Patrick Gregory Potwora, 26, of Horseshoe Lake Road, Stafford, is charged with a felony count of DWI, felony driving with a BAC of .08 or greater and failure to keep right. Potwora was stopped at  1:52 a.m. Monday, in the area of 20 W. Main St., Batavia, by Deputy Patrick Reeves.

Chad Michael Henning, 18, of Main Street, Akron, is charged with unlawful possession of alcohol by a person under age 21. Henning was charged following a traffic stop at 12:38 a.m. Saturday by Deputy Jason Saile on Route 77, Darien. Henning was a passenger in the car and allegedly had a container of alcohol in his hands.

Car reportedly overturned on Lake Street, Village of Le Roy

By Howard B. Owens

A car is on its roof in the area of 44 Lake St., Village of Le Roy.

All occupants are out of the vehicle.

No word on injuries.

Le Roy Fire and Ambulance responding.

UPDATE 2:39 p.m.: Traffic is being shut down on Route 19 in both directions at Mill and at Bacon streets.


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Bergen couple hospitalized when motorcycle strikes deer

By Howard B. Owens

Two people were injured at 9:28 p.m. Monday, when the motorcycle they were riding on Creamery Road, Bergen, struck a deer.

Taken to Strong Memorial Hospital, where they are listed in satisfactory condition, were Craig W. Stevens, 55, of West Sweden Road, Bergen, and Sharyn L. Stevens, 54.

Craig Stevens was driving his 2009 Honda westbound on Creamery Road when a deer attempted to cross the roadway. The bike collided with the deer, overturned onto its left side, ejecting both Craig and Sharyn. It then overturned onto its right side and slid further down the asphalt.

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