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Semi-truck has fuel tank punctured while on Thruway

By Howard B. Owens

A tractor-trailer has apparently had a fuel tank punctured while on the Thruway.

A tie between two tanks ruptured and is gone, according to a chief on scene, and fuel is spilling from both tanks, which have a 120 gallon capacity (they were about half full, the driver said).

Fuel has spilled and "several cars have been contaminated," according to emergency dispatch.

The accident occurred in the area of mile marker 388 in the westbound lane.

Town of Batavia Fire has been dispatched.

UPDATE 5:55 p.m. (Billie): About 20 gallons has leaked out, but the leak is thought to be stopped at this point, according to a fireman.

UPDATE 6:32 p.m.: Crews were about to leave the scene when the tank started leaking again.

Doll's defense renews motions to suppress evidence before jury selection

By Howard B. Owens

BATAVIA, NY -- Scott Doll's defense attorneys renewed motions today, prior to jury selection in his murder trial, to suppress key evidence and some of the statements he made during the initial investigation into the death of Joseph Benaquist.

Jury selection is expected to take as long as three days, with groups of 40 people being called in today, tomorrow and Wednesday, in the hopes of finding 12 impartial jurors and four to six alternates.

Daniel Killelea, who is assisting defense attorney Paul Cambria, argued this morning that introducing as evidence the disputed ownership of two cars in the case would unfairly prejudice the jury without establishing sufficient value to prove the murder charge.

The cars are a 2006 Chevy Malibu and 2008 Pontiac G6.

There is some question as to how Doll came into possession of the Malibu, which apparently was owned, at least at one time, by Benaquist, and there's also a question about who paid for the G6 and to what purpose.

Benaquist and Doll were apparently partners in a used car business.

District Attorney Lawrence Friedman said he intends to show that Doll forged the title on the Malibu so he could sell it to a financing company in Buffalo.

Killelea's position is that there can't be any proof that Doll didn't obtain title to the Malibu legitimately.

He argued that presenting the status of the Malibu as evidence would unfairly prejudice the jury that he committed an uncharged crime, fraud.

As for the G6, the prosecution contends that Benaquist bought the car for himself -- though using the dealership license for SF Enterprises -- and gave Doll $10,000 as a down payment on the $13,300 car, but that the money never reached the financing company.

According to Killelea, there is insufficient evidence that the transaction wasn't for the company and the implication otherwise would prejudice the jury.

Friedman said the two cars, and the ownership dispute is key to the case.

"We anticipate that it will be established that it was these very cars that led to the murder of Joseph Benaquist," Friedman said.

On his other motion, Killelea said that statements made by Doll the night of the alleged murder cannot be admitted because he had asked for an attorney.

The prosecution contends that under the "emergency doctrine," police can try to obtain relevant information that needs to be known immediately and can continue questioning or taking statements even after a suspect has asked for an attorney.

Killelea cited at least three cases that say Doll was entitled to an attorney. But Assistant D.A. Will Zickl countered that there are cases allowing "emergency doctrine" statements to remain admissible, just as he'd argued the first time around on the same motion.

Judge Robert Noonan said he will reserve a ruling on the motions until just before opening arguments.

Truck shears off boom at Route 5 bridge in Le Roy

By Billie Owens

A big boom truck has struck the overhead bridge westbound on Route 5, Main Street, in the Village of Le Roy.

"It took the boom right off," says a responder.

The boom is in the roadway, completely blocking traffic. Le Roy Fire has been dispatched to handle traffic and as a precaution.

The driver has unknown, if any, injuries.

UPDATE: Photo above was submitted by a reader.

Oakfield man accidentally shot by father while hunting turkeys

By Howard B. Owens

A 46-year-old Oakfield hunter was accidentally shot by his father while turkey hunting off Albion Road in Oakfield at 6:25 a.m.

Scott Hartman, of Lockport Road, is listed in critical condition at Strong Memorial Hospital, according to the Sheriff's Office, after he was taken there by Mercy Flight.

Hartman was reportedly in some heavy brush when his father, 71-year-old Howard Hartment, of Clinton Street Road, Batavia, saw movement he mistook for a turkey.

According to a Sheriff's Office report, the Hartmans entered the woods about 6 a.m. The two began calling and a turkey answered. Scott and Howard separated and continued calling. Scott went off to Howard's right. After about 10 minutes, Howard saw what he believed to be a turkey he was calling off to his left, at about 50 yards under a pine tree.  When it cleared, Howard fired.

What Howard thought was a turkey turned out to be Scott. Scott had apparently circled around without Howard being aware of his new location.

After being hit by the shotgun pellets, Scott called 9-1-1 and walked out of the wooded/swamp area on his own.

Deputy Ron Meides handled the initial investigation, but it has now been turned over to the Department of Environmental Conservation for follow up.

UPDATE 2:37 p.m.: Strong Memorial now lists Scott Hartman in guarded condition.

UPDATE 3:17 p.m.: I requested from Strong's PR department a definition of "guarded." Here's what Jill D'Agostino wrote back: "Guarded" is the condition that’s typically assigned to anyone in one of our intensive care units. Patients who are on regular patient units (non-ICU) are listed as "satisfactory."

(Initial Report)

Bail set for Holley man accused of stealing guns from Byron resident

By Howard B. Owens

A man accused of assaulting and stealing three guns from a Byron resident last week has a chance to make bail despite a lengthy criminal history.

Judge Robert C. Noonan, after saying he would have set bail higher had the prosecution request a higher bail, said Darrell Bruce Reid, 45, of 4 N. Main St., Holley, can get out of jail if he can come up with $50,000 cash or bond.

"I don’t think I’ve ever had anybody in who’s been arrested over 100 times before," Noonan said.

Reid is accused of hitting a Byron resident at 3:30 a.m., April 24, and stealing three long guns. The victim reportedly had only met Reid recently. He was hospitalized with a broken nose and cuts.

According to attorney William Tedford, from the public defenders office, Reid has spent most of his life in Western New York, except for three years in South Dakota. He has a child living in Chili and a mother, who has breast cancer, living in Rochester. Tedford said Reid was the only child living in the region who could help care for his mother.

Tedford asked for $15,000 bail.

District Attorney Kevin Finnell asked for $50,000 after stating that Reid had two prior parole and two prior probation revocations.

Reid is charged with with robbery, 2nd, assault, 2nd, and three counts of grand larceny.

Police Beat: Driver charged with DWI following one-car accident

By Howard B. Owens

Scott C. Stine, 48, of York, Pa., is charged with DWI, refusal to take a breath test and moving from lane unsafely. Stine is accused driving drunk after being involved in a single-vehicle accident in the area of 8936 Lovers Lane Road, Pembroke, at 2:32 p.m., Saturday. He was jailed on $20,000 bail. Initial Report.

Jonathan D. Chapman, 40, of Le Roy, is charged with disorderly conduct and resisting arrest. Chapman was taken into custody by Village of Le Roy Police following an alleged domestic dispute on Myrtle Street on Friday night. Chapman was jailed on $500 bail.

Brandy L. Osmancikli, 36, of Alabama, is charged with harassment, 2nd. Osmancikli was arrested by State Police at 11:32 p.m., Saturday, on Lewiston Road in Alabama. No further details were released.

Mercy Flight being called in for hunting accident

By Howard B. Owens

We don't have much information on this yet -- Mercy Flight is being dispatched for a hunting accident -- a man has sustained shotgun wounds while hunting turkeys.

UPDATE 6:44 a.m.: Landing zone being set up on Lockport Road, Oakfield.

UPDATE 7:01 a.m.: Mercy Flight in route to Strong Memorial Hospital.

Caller on Swan reports loud noise

By Howard B. Owens

Batavia Police are being dispatched to the area of Swan Street for the report of a loud noise.

The caller was on his porch and said it was very loud, a boom.

I heard it, too, and I'm four or five blocks from Swan. From the echo, I could tell it was some blocks away, but loud. I was guessing in the area of Kibbe Park, but I'm inside.

UPDATE 11:45 p.m.: A reader on Hutchins reports hearing it, too. Police cleared the scene about 11:30 p.m. without finding anything.

Dog struck on Colorado Avenue

By Howard B. Owens

A dog has been struck on Colorado Avenue.

The driver did not stop.

No description of the hit-and-run vehicle is available.

A person is on scene awaiting police in order to help identify and notify the owner.

Drinking may have been factor in serious accident in Basom on Sunday

By Howard B. Owens

An Alabama man was seriously injured in a single-car accident today when his car struck a tree on Sandhill Road, Basom.

Robert J. VanPelt, 22, was taken by Mercy Flight to ECMC following the 1:40 p.m. accident.

While the accident remains under investigation, a Sheriff's Office release says alcohol may have been a contributing factor.

"Charges may be pending," according to the release.

VanPelt is being treated for multiple serious injuries.

VanPetl's passenger, Brandon Rueben (no age provided), also from Alabama, was taken by ground ambulance to ECMC. The Sheriff's Office describes his injuries as "non-life threatening."

VanPelt was driving a 1997 Buick north on Sandhill when he apparently failed to negotiate a curve and traveled off the east side of the road. His car then traveled back across Sandhill and off the west shoulder, where hit struck an embankment and then a tree.

Responding to the scene were Deputy Lonnie Nati, Deputy Dana Richardson, Sgt. T.A. Sanfratello, Investigator Kris Kautz, Deputy Kevin McCarthy and Deputy Eric Seppela from the crash-management team. Assisting at the scene were Alabama, Indian Falls and Pembroke fire departments as well as Mercy EMS.

For our initial report, click here.

Report of large brush fire off Harper Road, Corfu

By Howard B. Owens

A "large brush fire" moving into the woods has been reported in the area of 9980 Harper Road, Corfu.

Darien Fire has been dispatched.

UPDATE 3:45 p.m.: Chief on scene reports large brush fire, but not heading into the woods. He's going to explain the new burn laws to the property owner. Darien units, except 46, being put back in service. Incident address corrected to 9990 Harper Road.


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Big soccer weekend at new athletic fields in Batavia

By Howard B. Owens

Regional and local soccer players gathered at the recently completed Batavia Sports Park at Batavia Turf Farms on Bank Street Road over Saturday and Sunday for various training sessions.

The camp included sessions for the New York State West Olympic Development Program on both days. This afternoon the Genesee Amateur Soccer Association held a Coaches and Players Clinic.

More pictures after the jump:

 

Town of Batavia Fire holds annual awards dinner

By Howard B. Owens

In the Town of Batavia Fire Hall on Saturday night, Batavia's volunteers gathered for their annual awards dinner and installation of officers.

Above, all of the firefighters who responded to at least 100 calls during 2009 are recognized.

Dan Kemp was named Firefighter of the Year and Randy McIntire won the President's Award. Nate Fix and Bob Mullen were recognized for each responding to more than 200 calls.

Dan Jacques and Paul Barrett (who was unable to attend) were recognized for 25 years of service.

After the jump, more pictures:

 

Dan Kemp, Firefigher of the Year.

President's Award, Randy McIntire.

Dan Jacques, 25 years of service.

Fire Chief Bob Hunt.

Car hits tree on Sand Hill Road, Basom

By Howard B. Owens

Mercy Flight is on stand by following a single-car accident in the area of 7605 Sandhill Road, Basom.

The car hit a tree. Injuries are reported.

Alabama Fire and Indian Falls are being dispatched along with Mercy EMS.

UPDATE 1:49 p.m.: Two Mercy Flight helicopters are being requested along with another Mercy EMS advance life support ambulance. One patient is reported unconscious. The landing zone is being set up at the corner of Hopkins and Sliker Roads. The first helicopter has a three-minute ETA.

UPDATE 1:55 p.m.: A fire engine needs to be positioned so the winch can be used to stabilize the vehicle.

UPDATE 2:10 p.m.: Second patient extricated.

UPDATE 2:16 p.m.: The second helicopter is coming from Buffalo. It has at least at 20 minute ETA yet.

UPDATE 2:28 p.m.: The second helicopter is being cancelled. The patient will be transported by ground ambulance.


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New OTB chairman says video terminals keeping Batavia Downs afloat

By Howard B. Owens

Harness racing isn't want it used to be and probably never will be again, according to newly elected Chairman of the Western Region Off Track Betting Board of Directors Dick Siebert.

In an interview with WBTA, Siebert characterized harness racing as "the cost of doing business." It's the loss leader that under state law allows Batavia Downs Casino to keep its doors open for the much more profitable video slot machines.

"The people that used to come to our parlors, the 55 and older men, are no longer 55 years of age," Siebert said. "Unfortunately, they're dying off. The newer group of people, it doesn't have the interest to them that it did with the old bettor. ... I honestly can't see where harness racing is going to turn around and ever be back where it was in the '50s, '60s and '70s."

He said in 2009, Batavia Downs lost $1.5 million on harness racing while the video lottery terminals brought in $3 million in profits.

To help reduce harness racing costs, more bets will be placed at electronic terminals rather than at the traditional caged window with a person taking the bet.

Meanwhile, Siebert said the Downs continues to work with state regulators on a plan to address deficiencies in some administrative procedures. He said the board is looking to hire a consultant to help address the state's concerns, rather than bring in a management company to take over the Downs' operations, which is one of the state's other suggestions.

Full interview available here (mp3).

Batavia woman hurt in two-car crash in Alabama

By Howard B. Owens

A Batavia woman was hurt in a two-vehicle accident at 1:35 p.m. Friday in Alabama.

The woman stopped the 2003 Toyota pickup she was driving at intersection of Townline Road and Maple Street Road when she was struck by another car that was behind her.

Cheryl A. Vagg, 53, of 110 Evans St., Batavia, was transported to UMMC by ground ambulance with back pain, according to Deputy Timothy Wescott, who investigated the accident.

The other driver, Susan J. Neamon, 46, of 2272 Thomas Road, Varysburg, was not injured.

Vagg's passenger, Keith W. Cadieux, 54, was not injured.

Neamon told Wescott she was "looking for oncoming traffic and must have rolled forward." Her 2009 Ford Sedan struck Vagg's truck, which was in front of her preparing to make a right-hand turn on Maple Street Road.

No citations were issued.

Batavia man tells police he was shot while walking on Indian Falls Road

By Howard B. Owens

A 35-year-old Batavia man reported being shot and his wallet stolen as he walked down what he thinks was Indian Falls Road about 5:30 p.m., Saturday.

After being shot and robbed, Carlos Torres called a friend for assistance, who drove him to UMMC. He was transferred from UMMC to Strong Memorial Hospital by Mercy Flight, according to the Sheriff's Office.

He was in surgery at the time the Sheriff's Office released information on the incident at 11:23 p.m., Saturday.

Torres told officials, according to the release, that he believes he was walking on Indian Falls Road when a car pulled up behind him and somebody demanded his wallet. He was then shot in the back and his wallet was taken.

After the suspects left, he continued walking to Route 5, where he called a friend for help.

The Sheriff's Office says Torres was shot twice with a small caliber weapon. His injuries are not believed to be life threatening.

Anyone with information is asked to call the Sheriff's Office at 345-3000.

Fight reported at the carnival

By Howard B. Owens

Police have responded to a report of a fight at the carnival in downtown Batavia.

When the first unit he arrived, the officer reported "quite a fight." He immediately called for an ambulance for a person having a seizure.

A subject was reportedly seen fleeing west on Ellicott Street and crossing the street toward Della Penna's. Police are looking for two white males, with one wearing a white T-shirt.

UPDATE 10:04 p.m.: One of the subjects who fled reportedly dropped a knife. A second fight has reportedly broken out. Two State Police units have been called in to back up Batavia Police.

UPDATE 10:11 p.m.: Mercy EMS was requested to check on a male down behind Alberty's. He reportedly has a head laceration. There is also a report of "all suspects are black males." It's unclear if that's related to all fights or just one of the fights.

UPDATE 10:29 p.m.: One patient transported to UMMC. Police units going back in service. 

UPDATE 8 a.m. Sunday: Reader Adam Lowder submitted the photo above. His description of events follows after the jump:

Adam Lowder's description of events:

I was at the carnival when the fight took place, and I have attached a photo of the aftermath.

First off I would like to say that this carnival was just plain disgusting. The majority of the ride attendants I witnessed were interacting with the patrons; using foul language, leaving their stations for minutes at a time, and one was even smoking a swisher sweet style cigar that he passed to a young patron to hold onto and smoke for a few minutes.

There were groups of unsupervised middle-school aged kids all over.

We were getting ready to leave around ten o'clock when I saw the ride attendant from the “vehicles that go in a circle” kids' ride (black male 20's red hat with goatee) wrap his arms around a black male, belly to belly, and slowly but forcefully push him across the grounds. The attendant was making statements along the lines of, "just leave" and the male being forced back was saying, "did you hear what he said" repeatedly.

After a minute of this and after a few other people involved yelled towards the two men, the ride attendant in red let go of the male who took off towards Jackson St. Seconds later a group of people (prominently if not all black males) took off running in the same direction.

Ten to fifteen seconds later a few more males ran passed me in the same direction. That is when I saw a crowd of observers gathering on Jackson St. and people screaming and yelling.

As I approached the area, I could see a large group of people involved in physical actions (some jumping around, some swinging their arms, some taking pictures with their phones) in the middle of the street.

An officer in a SUV pulled up with his lights flashing and the group quickly scattered. A few more police cruisers quickly arrived on the seen. I did not see the police apprehend any of those involved, or really even attempt to do so. They all came to the man that was left lying in the middle of the street.

A few minutes later, two of the cruisers rushed over towards Rt. 63, and one stopped next to the Salvation Army.

One thing that I am certain of is that some of the ride attendants were involved in this. The one that I mentioned earlier who was smoking the cigar was in the group that ran past me. He was a black male wearing a Kobe Bryant Lakers jersey, and he was running the “Rio Grande Train” kids’ ride.

I stopped to snap this photo as I walked back to my car parked across from O’Lacy’s Bar.

At this point, the injured male was still lying in the road, paramedics had arrived, there was a crowd of people watching, and a couple of officers were standing near the victim watching.

Photos: More fun at the carnival

By Howard B. Owens

The Downtown Batavia Carnival continued on Saturday, so we have more pictures from this afternoon. Sunday is the final day and it runs from 1 to 5 p.m.

More pictures after the jump:

Top Items on Batavia's List

Tourism Marketing Assistant Position The Genesee County Chamber of Commerce, serving as the official tourism promotion agency for Genesee County, NY is seeking an experienced marketing professional to assist in the overall Chamber tourism and marketing initiatives for Genesee County. https://visitgeneseeny.com/about/join-our-team
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Town of Batavia Court Department is seeking a part time as needed Court Officer. Court Officers are responsible for maintaining order in the court room and court facility during proceedings. Please send resume to Town of Batavia, Attention Hiedi Librock, 3833 West Main Street Road, Batavia, NY 14020. Complete job description is available on the Town web site or at the Town Hall Application deadline is April 15, 2024.
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