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Batavia man admits to possessing forged insurance check

By Howard B. Owens

A Batavia man admitted in Genesee County Court today that he possessed a forged insurance check as part of a plea deal that could have him serve a six-month intermittent sentence and a period of time on probation.

Sentencing on the charge for Ryan Shrauger, 41, of 6 Hull Park, Batavia, was set for Oct. 26.

Shrauger was initially charged in Batavia City Court on Aug. 18 with two counts of possession of a forged instrument, two counts of forgery and two counts petit larceny. On Aug. 22, Shrauger was charged in city court again with new counts of possession of a forged instrument.

Today, Shrauger told Judge Robert Noonan that he possessed an insurance check on June 27 in the amount of $900 that belonged to another person, and that he knew the signature on the check was forged.

The admission satisfies the other forgery charges.

On July 28, Shrauger was arrested on a arrest warrant out of city court and allegedly found in possession of cocaine and drug paraphernalia. He was charged with criminal possession of a controlled substance, 7th, and criminal use of drug paraphernalia, 2nd.

Those charges are still pending. 

Shrauger remains in jail on $10,000 cash or bond bail.

Rider reportedly crashes allegedly stolen bike on West Main, Batavia

By Howard B. Owens

A person on a bike reportedly ran into a pole on West Main Street near Woodrow Road and sustained an injury.

The description of the bike reportedly matches one stolen earlier from a trailer park on West Main Street.

City fire is on scene with Mercy EMS and police are responding.

Officials determine Jake Arnold and Gordon nose-to-nose at the finish line

By Howard B. Owens

It's official -- it's a tie.

Batavia Downs officials announced late this afternoon that, after spending hours reviewing all available pictures and video of the 2011 Wiener Dog Race, the final match ended in a dead heat.

Lindsay Ryan, owner of first-year runner Gordon, will receive $200 in free play at the casnio. 

After Sunday afternoon's race, when Jake Arnold, owned by Jane Smart, was declared the winner, Smart received the $200 in free play prize.

Hours after the race, evidence began to surface suggesting that Jake Arnold wasn't a clear-cut winner, leading Batavia Downs officials to delay certifying the race results.

A rematch is in the works, tentatively set for Sept. 24. Officials are waiting from confirmation from the Jake Arnold camp.

“It’s simply too close to call," said Todd Haight, general manager of live racing. “I know there is video out on the Internet that appears to show Gordon in front, but our official photo-finish camera shows both dogs hitting the line simultaneously. So in all fairness a dead heat was the right way to go.”

The rookie Gordon came a breath away from upsetting defending champion Jake Arnold.

In a statement released by Batavia Downs, Lindsay Ryan said, "We came to the dog races because we wanted to get my friend's mom, who has cancer, out of the house. We knew Gordon would run his heart out for her and he did. She had so much fun. I am so happy with how things turned out." 

Police Beat: Golf cart driver in a 'clown suit' nabbed by law enforcement

By Howard B. Owens

James R. Straub, 37, of Stoneham, Mass., is charged with DWI and refusal to take a breath test. Straub is accused of driving a golf cart on a public road while under the influence of alcohol. Witnesses contacted dispatch at 8:40 p.m. Sunday to report that a man in a "clown suit" (as the photo shows, more like a wild golf outfit) had taken off in a cart owned by Terry Hills and was heading toward the City of Batavia on Clinton Street Road. Straub was eventually located at a residence in the city where he was taken into custody by Deputy Bradley Mazur. Straub was arraigned in Town of Batavia Court and committed to the Genesee County Jail without bail. Straub is reportedly out on $500. Batavia PD assisted in the investigation.

Douglas Brian Uberty, 39, of South Street Road, Le Roy, is charged with two counts of disorderly conduct. Uberty was taken into custody by Deputy James Diehl following an investigation into reports of a man in the Target store at 7:30 p.m., Aug. 17, attempting to look up the shorts and skirts of women in the store. Uberty is also accused of peeping over the wall of a fitting room in the women's department.

Shawn Dowain Phillips, 18, of Bartlett Street, Rochester, is charged harassment as a violation. Phillips is accused of dragging a person outside and punching the person in the face. The incident was reported at 1:44 a.m., Sunday.

Rexine Evelyn Johnson, 45, of Seldon Road, Le Roy, is charged with harassment, 2nd. Johnson is accused of pushing a female friend twice.

Vincente Antonio Torres, 20, of Willowen Drive, Rochester, is charged with DWAI, speeding (63 mph in a 40 mph zone) and driving out of class. Torres was stopped at 2:48 a.m., Saturday, on Main Street Road, Batavia, by Deputy Howard Carlson.

Ryan Andrew Grady, 20, of Pearl Street, Lancaster, is charged with unlawful possession of marijuana. Grady was found to allegedly possess marijuana while in the parking lot at Darien Lake at 11 p.m., Aug. 7, by Deputy Brian Thompson. 

A 17-year-old of Black Street, Sloan, is charged with unlawful possession of marijuana. The youth was charged after allegedly being found with marijuana while in a car parked at Darien Lake Theme Park by Deputy Brian Thompson.

Paul Anthony Swartz, 36, of Route 20 A, Orchard Park, is charged with unlawful imprisonment, 2nd. Swartz was arrested in Darien on a warrant out of Tonawanda. Swartz was turned over to Town of Tonawanda Police.

Charnika Darshae Givens, 19, of Northumberland Avenue, Buffalo, is charged with petit larceny. Givens is accused of shoplifting from the gift shop at Darien Lake Theme Park at 5:30 p.m., Aug. 6.

Bulldawgs vs. Bulldogs

By Rick Franclemont

The Batavia Bulldawgs Youth Football Team sold raffle tickets for a 2011 Johnny Pag Spyder motorcycle provided by Grease Lightning. The tickets were $40 each and only 150 were sold.

The winner was Chris Schafer of West Falls (He was not present.)

More pictures of the game can be found here.

BREAKING: Wiener Dog Race results may be overturned

By Howard B. Owens

Officials are reviewing the photo finish of the Wiener Dog Race at Batavia Downs on Sunday afternoon.

The official results will be announced Monday morning, according to Todd Haight, general manager of live racing.

Haight said he wants to review the photos more closely and talk with officials who were in the upstairs booth to better understand what they saw.

A handful of people on the ground after the race thought Gordon won, but a ruling came from the upstairs booth that Jake Arnold had pulled out another victory.

Haight released photos of the finish that seem to show Gordon, owned by Lindsay Ryan, beating odds-on favorite Jake Arnold (wearing pink and #7) by a head. Jake Arnoald is owned by Jane Smart.

"I feel bad for Jane and Jake Arnold, but as of right now it appears Gordon won by a head," Haight said.

If the results are overturned, Arnold will have failed at his try at a threepeat. If Gordon is declared the winner it will be a major upset for the first-time competitor.

Photo below: Gordon and Lindsay Ryan.

Previously: Wiener Dog Races: Jake Arnold does it again

Man staggering in the roadway in Le Roy

By Billie Owens

A possibly sick or intoxicated man is reportedly staggering in the middle of the roadway, thereby creating a traffic hazard, near 110 Munson St. in Le Roy. He's walking toward Gilbert Street. Le Roy Police Department is responding.

UPDATE 9:02 p.m.: The subject is now on Gilbert Street and an officer is at the scene.

Clown steals golf cart from Terry Hills

By Billie Owens

A person dressed in a clown suit is believed to have stolen a golf cart at Terry Hills Golf Course just a few moments ago. Staff tried following the person down Clinton Street Road and it is believed he or she may have fled into a nearby field.

Law enforcement is responding.

UPDATE 8:49 p.m.: The brother-in-law of the suspect along with the suspect himself are speaking with law enforcement now at a residence on Clinton Street.

Wiener Dog Races: Jake Arnold does it again

By Howard B. Owens

UPDATE 11:18 p.m.: Race results are under review.

For the third-straight year Jake Arnold bested a large field of eager wiener dogs -- and some not so eager -- to take the 2011 Wiener Dog Race championship title.

A large crowd of wiener dog race enthusiasts were on hand to cheer for their favorite hungry little dachshund.

Jake Arnold, a 4-year-old owned by Jane Smart, won the big race in a photo finish, beating out first-year entrant Gordon, owned by Lindsay Ryan, and long-time rival Rudy, an 8-year-old owned by Ron Schiller.

Rudy, a previous race winner, finished second ton Jake Arnold for the previous two years.

In all, 63 elongated canines raced at the Downs on today.

More photos in the slide show below (if you have trouble viewing the slide show, click here.) 

To purchase photos from this event, click here.

Two people arrested following argument at house on Central Avenue

By Howard B. Owens

An argument in a back yard on Central Avenue over clothes led to two people being charged with harassment, 2nd, including one woman accused of striking a man with a baseball bat.

Arrested and released on appearance tickets were Paul C. Wapniewski, 55, of 410 Ellicott St., Batavia, and Cheryl M. Lyons, 45, of 14 Vine St. Batavia.

Lyons is accused of hitting Wapniewski with the bat after Wapniewski allegedly shoved Lyons' mother.

The arguement broke out around 7 p.m., Saturday.

Officer Marc Lawrence investigated the incident.

Driver who says fog prevented him from seeing stop sign charged with DWI

By Howard B. Owens

The driver says it was Saturday morning's fog that caused him to miss a stop sign on Freeman Road, South Byron, but that didn't stop a deputy from charging him with DWI.

Charged was Brian R. Dilcher, 25, of Clinton Street Road, Batavia, who was also cited for alleged failure to stop for a stop sign.

Dilcher was eastbound on Freeman Road at 5 a.m. in a 1994 GMC pickup when he allegedly went through the sign at Coward Road, Byron.

His truck struck a Verizon utility box and then a tree.

Dilcher suffered minor injuries, but did not require ambulance transport.

The accident was investigated by Deputy Eric Seppala.

Motorcyclist suffers minor injuries after striking deer in Oakfield

By Howard B. Owens

A man from Oakfield suffered minor injuries after his motorcycle struck a deer on Hutton Road, Oakfield, at 10:30 p.m., Thursday.

Following the accident, David Hendershott, 21, of Orchard Park Road, Oakfield, was transported by private vehicle to UMMC.

Hendershott was north on Hutton Road, near Duck Pond Road, on a 2008 KMCU when his bike struck the deer. Hendershott was thrown from the bike and the motorcycle came to rest on the east shoulder of the roadway.

The accident was investigated by Deputy Joseph Graff.

Driver accused of making an illegal U-turn, leading to accident

By Howard B. Owens

A driver who said she didn't see another car coming, attempted to make a U-turn on Route 5 near Powers Road, Batavia, leading to a two-car accident. This happened at 6:19 p.m., Friday.

The drivers of both cars suffered non-life threatening injuries and were transported to UMMC by ground ambulance.

Amanda M. Scherer, 18, of Beach Road, Cheektowaga, was driving west on Route 5 when she attempted the U-turn. Her car was struck in the back left quarter panel by a 1999 Honda SUV driven by Mary F. Doktor, 49, of Boyce Road, Corfu.

Scherer, who was driving a 2011 Toyota sedan owned by West Herr Toyota in Williamsville, was cited for allegedly making an illegal U-turn.

Steven J. Raimondi, 18, a passenger in Scherer's car, was not injured.

The accident was investigated by Deputy Brad Mazur.

Woman accused of failure to yield right of way, possessing marijuana following accident

By Howard B. Owens

A driver was charged with unlawful possession of marijuana after being involved in a motor vehicle accident on Albion Road, Oakfield, at 2:58 p.m., Saturday.

The driver made a left turn into a drive and told Deputy Timothy Wescott that she had time to beat the southbound car that struck her 2006 Toyota.

The driver of the other car, a 1999 Chevy SUV, Lawrence E. Rebert, of East Shelby Road, Oakfield, was transported by ground ambulance to UMMC with minor injuries.

Charged with UPM and failure to yield the right of way was Andrea C. Rosone, 30, of Albion Road, Oakfield.

The accident occurred in the area of 6478 Albion Road, Oakfield.

(Initial Report)

Pembroke vs. Oakfield-Elba Youth Football

By Rick Franclemont

Photos from the JV Youth Football game 8/27/11. Pembroke was the home team.

Minis: Pembroke 8, Oakfield-Elba 0

JV: Pembroke 36, Oakfield-Elba 6

All pictures from the event are available here for readers of The Batavian.

Bergen fire destroys house

By John Spaulding

Bergen, NY - The Bergen Fire Department was dispatched to 7665 Swamp Road for a reported house fire this afternoon. Chief Paul Cummings reported heavy fire from the garage of the single-story residence upon his arrival.

Mutual aid was requested from 13 area departments, which either assisted at the scene or filled in. Chief Cummings reported "we were short on manpower" in this all-volunteer, rural community.

During their attack on the fire, it became unsafe for firefighters to operate inside the structure and an exterior attack eventually brought the stubborn fire under control. One firefighter said that "the extensive collection of personal belongings gathered inside made it hazardous to be inside."

A neighbor reported hearing a "pop or explosion" shortly before he witnessed firetrucks pulling up outside.

An excavator from Thompson and Dilcher was brought to the scene to raze the structure and few personal belongings were salvageable.

The Genesee County Office of Emergency Management was investigating the cause of the fire and the American Red Cross was providing assistance to two adults.

The following departments reposnded to the scene or provided fill-ins; LeRoy, Churchville, Chili, Clifton, City of Batavia, Town of Batavia, Brockport, Byron, South Byron, Stafford, Spencerport, Pavillion and Clarendon.

Visit www.bergenfiredept.com for more information or to volunteer.

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Today's Deals: Red Osier, Alabama Hotel, Center Street Smoke House, Delavan's, and more!

By Billie Owens

Center Street Smoke House, 20 Center St., Batavia, NY: Authentic Southern BBQ, from ribs to brisket with all the fixin's. We have a $20 gift card for $10.

T.F. Brown's, 214 E. Main St., Batavia, NY: T.F. Brown's is a great place for a good meal, good friends and to catch up on what's going on in the sports world. "If it happens in sports, it happens at Brown's." 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.

Alabama Hotel, 1353 Lewiston Road, Basom, NY: A historic and legendary tavern and restaurant. The Alabama Hotel is famous for its fish fries, but also serves a variety of top-quality entrees, featuring Certified Angus Beef. Now with expanded hours. We have a $25 gift certificate for $12.50.

Cruiser's Creamery, 140 W. Main Road, Le Roy, NY: For the best homemade ice cream, gelato and Italian ice, cruise down to Cruiser's Creamery. It's worth the drive! We offer soft serve, sundaes, razzles, milkshakes and more! Try an old-fashioned Banana Barrel! Our waffle cones and bowls made fresh daily. Hours are 3 to 10 p.m. Monday through Friday, 1 to 10 p.m. Saturday, Sunday. Drive-thru and patio seating. We have a $10 gift certificate available for $5.

Stafford Trading Post, 6173 Main Road, Stafford, NY: Lunch or dinner, Stafford Trading Post offers a variety of fresh, homemade meals, as well as snacks and drinks. Now in a new, expanded location. We have a $25 gift certificate for $12.50. Gift certificates valid on menu items only. Not applicable to in-store purchases.

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 a $20 gift certificate for $10.

Red Osier, Route 5, Stafford, NY: Truly, one of the landmark restaurants of the area. Red Osier features prime rib carved table side. We have $25 gift certificates for $12.50.

Delavan's, 107 Evans St., Batavia, NY: To me, Delavan's is one of those restaurants where you want to eat frequently until you try everything on the menu. We have a $20 gift certificate for $10.

SOLD OUT

Barn owners set it on fire, later call Oakfield to snuff it out

By Billie Owens

The owners of property with a barn in Oakfield decided to burn it down this afternoon, then at some point about 45 minutes ago decided it would be best if firefighters extinguish the remainder of the dying blaze. Didn't catch the address. A crew from Oakfield Fire Department responded in non-emergency mode.

UPDATE 4:04 p.m.: Oakfield firefighters who responded to this call are back in service.

Explosion in garage causes possible structure fire in Bergen

By Billie Owens

An explosion in a garage located at 7665 Swamp Road in Bergen has sparked a possible structure fire. The garage, which is attached to the house, is full of smoke. Bergen and Le Roy fire departments are responding along with Mercy medics.

UPDATE 3:47 p.m.: A second platoon of firefighters from the Town of Batavia is called to standby in its fire hall. National Grid is called to the scene. The Bergen fire chief has called for power saws and an infrared camera. Brockport is called to fill in at Bergen's hall.

UPDATE 4 p.m.: The homeowner asked about the status of the fire. The chief says "It doesn not appear to have made it into the house yet." An engine and more manpower from the Town of Batavia is requested to the scene.

UPDATE 6:52 p.m. (by Howard): The house is a total loss. The amount of items stored inside kept firefighters from entering the house and the attack was conducted strictly from the outside. While the fire is now smoldering with much of the house still standing, the only way, according to Chief Paul Cummings, to ensure the fire is completely out is to knock down the structure with a backhoe. That process started around 6 p.m. We'll have complete coverage later tonight. 

UPDATE 8:47 p.m.: Swamp Road is reopened.

Photo submitted by reader Doug Waite.

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