A possible structure fire has been reported at 33 Swan St., Batavia.

Batavia Fire is responding.

UPDATE 2:08 p.m.: There has been a good deal of scanner traffic and any response to this did not come across.  We just drove by the location and no fire is on scene, so they must have cleared.

UPDATE 3:24 p.m.: There was a fire. A small one.  In one of the old Wiard Plow buildings.  The fire trucks were (duh) behind the building.  A separate post on the fire, with pictures, later.

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Wires are down and on fire, possibly igniting a grass fire at 1305 Bloomingdale Road, Basom.

Genesee County dispatch has received several calls.

Alabama Fire is responding.

UPDATE 3:33 p.m.: This call was cleared some time ago.  Alabama Fire just dispatched for a new report of a grass fire at the same location.

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A large tree has fallen at 2345 Beckwith Road in North Pembroke, between Slusher and North Pembroke roads. Traffic is being shut off to the road until it can be cleared.

A large tree and wires have fallen into the roadway at 6683 Warboys Road in Byron. Fire units in Byron and South Byron have been notified.

Wires have fallen into the roadway at Transit and Edgerton roads in Byron. Fire departments in Byron and South Byron are responding.

A large tree has fallen into a garage at 10 Prospect Ave. in the City of Batavia. No wires are believed to be affected. Batavia Fire is responding and will be using a chainsaw to remove the tree.

A large tree has reportedly fallen and is blocking he roadway in the area of 8626 West Bergen Road, Le Roy.

Le Roy Fire is responding to cut up the tree and remove it from the roadway.

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Electric lines are reportedly down and on fire in the vicinity of 65 South Main St., Batavia.

Batavia Fire is responding.

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Trees are down blocking the roadway at 3171 Dodson Road, between Attica and Griswold roads. Wires are possibly down, too. Darien Fire and Corfu have responded and will be using chain saws to clear the wood.

When New York reached an agreement with CSX for a high-speed rail line from Albany to Buffalo, it signed off on two provisions officials now seem to regret, according to the Buffalo News.

Rather than a rail line with trains reaching top speeds of 110 mph, the state's agreement only calls for speeds of 90 mph.

Also, the state agreed to a 30-foot gap between rail line along the CSX right-of-way.

The problem is, there are portions of the right-of-way that aren't even 30-feet wide, which means property will need to be bought (or seized through eminent domain) or overpasses will need to be reconstructed.

The resulting dispute between the state and CSX threatens to derail the entire upstate high-speed rail project — but to prevent that, Transportation Secretary Ray LaHood on Friday assigned a top federal rail official to try to resolve the issue.

“I promised Congresswoman Slaughter that FRA Deputy Administrator Karen Rae will work with the state and do whatever it takes to make high-speed rail happen for New York,” LaHood said after the meeting.

Slaughter, meanwhile, said she was thrilled that Rae — who was the state’s top rail official before moving to Washington — would be devoted full time to resolving the disagreement.

The rail line will pass through Genesee County, with a demonstration project already funded for a line between Byron and Riga.

The latest forecast for tonight's weather from the National Weather Service uses stronger language than earlier warnings to let residents know the thunder, lightning and wind hitting the area will be severe.

Doppler radar shows a severe thunderstorm, that could produce winds in excess of 60 mph, is heading toward Genesee County. The storm is currently 21 miles west of Grand Island and moving northeast at 65 mph.

"This is a dangerous storm," the Weather Service states. "If you are in the path, prepare immediately for damaging winds, destructive hail and deadly cloud-to-ground lightning. People outside should move to a shelter."

The severe thunderstorm watch remains in effect until 3 a.m.

UPDATE 11:55 p.m.: The NWS declared the warning over at 11:45, saying the storm front had weakened.

It was after the Sheriff's lead investigator talked with Josh Doll, that Sheriff's deputies went to Joseph Benaquist's house and found him lying, bludgeoned and frosted over, in a pool of blood in his snow-covered driveway.

In Genesee County Court yesterday afternoon, the testimony of Investigator Kris Kautz included not only details about blood evidence and the crime scene, but also what happened after photos were taken of murder suspect Scott Doll at the Sheriff's station.

At some point in the wee hours of Feb. 17, 2009, Josh Doll called the Sheriff's station.

"He was curious as to what's was going on," Kautz said. "He asked where his father was that night, and I said I didn't know."

After talking with Josh, Kautz said he notified another officer of a friend of Josh's in the area, which was either Joseph Benaquist himself, or someone who knew both men.

Benaquist's body was found by Sheriff's Deputies at 1:33 a.m.

When questioned by Doll's attorney Paul Cambria, Kautz said he did not tell Doll that his son had called.

At 3:35 a.m., Kautz was told that two women were at the station to see Doll. About 15 minutes later, Doll's girlfriend and a former department of corrections coworker were taken to Kautz's office.

The former coworker wanted to speak with Doll, and she was allowed to do so, escorted by Kautz. Doll sat on a bench at a table in the center of a stark, 12-by-8-foot hearing room. The visitor stood a few feet away on one side and Kautz the same distance on the opposite side, ready to take notes.

Deputy Patrick Reeves, who had testified earlier on Thursday, was in an adjoining control room. The doors were open. Kautz noted the three-minute conversation thusly:

"I was there but I didn't do it," Doll told the woman.

"Did something happen in your head?" she asked.

"No"

"Did it involve an animal?"

"No"

"Tell me there's no dead body."

"I can't say."

"No matter what, you get a lawyer just the same," she said.

"Let the chips fall were they may," he replied. "I believe I'll be in jail for sure. It doesn't matter what lawyer I get. I'll get what I deserve, I guess."

(Reeves earlier testified that his report did not reflect what went on at the station house, and that he didn't hear the whole conversation. But he did hear the part where Doll says "I'm going to jail.")

The accused killer still had not been permitted to contact a lawyer.

Cambria asked Kautz about the investigation in the area where the body was found. Kautz said he was aware that officers from the City of Batavia and State Police, in addition to Sheriff's deputies, searched the area initially over a two-day period. But he wasn't present throughout that time.

Among Kautz's other disclosures was that there was no blood on the lone key found in Doll's pocket. He did not inspect the firefighter's head covering Doll had on when walking down North Lake Road. In March, Benaquist's home was searched, but Kautz was unsure how many times that was done. The victim's mobile phone was never sent in for forensic testing. No one looked to see if Benaquist had heirs, which could possibly have shed new light on the case.

Nor did Kautz attend the autopsy or personally search Benaquist's house or Doll's house, or interview any of Doll's stepsons, or investigate finances.

But Kautz did know that there were 19 blood specks on a vehicle photo taken at the crime scene. That there was a bloody footprint, and bloody leather work gloves were on the vehicle adjacent to the blood-smeared Ford Windstar minivan driven by Doll. That his size-10, white, Starter-brand sneakers were in poor condition and bloody and those overalls were bloody, too.

Photos of this were shown to the jury and entered into evidence. One of the photos of Doll's face with three flecks of blood on it was left up on the projector, larger than life on the wall, well after being shown to the jury.

During the jury's recess, an annoyed Doll asked co-attorney, Daniel Killelea, why are they showing all those bloody photos?

The jury already knew he was at the scene and, according to Cambria's opening statement, holding the mortally wounded Benaquist as he drew his last breath.

Is it grandstanding? Doll asked.

"It's puffery," Killelea replied.

Some pretty nasty weather is going to hit the Genesee County region over night, according to a National Weather Service forecast.

Around 2 a.m., thunderstorms are expected, followed by a cold front that will push through with high winds.

With foliage already on trees, the high winds could cause a good deal of damage.

A high-wind warning as been issued.

Sustained speeds of 25 to 40 mph are expected, with gusts up to 60 mph.

The wind warning is effect from 4 a.m. to 8 p.m., Saturday.

Some of the strongest winds are expected from 4 to 5 a.m.

BATAVIA , NY -- In a brief conversation this morning, District Attorney Lawrence Friedman said he wasn't surprised yesterday when the attorney for Scott Doll, accused of murder, implied that maybe it was Doll's son who killed Joseph Benaquist on Feb. 16, 2009 in Pembroke.

As for whether Josh Doll will be called as a witness in the case, Friedman at first said, "You'll have to ask them," motioning toward the defense table. 

Asked if Josh Doll was already on his witness list, Friedman said Judge Robert Noonan doesn't really like attorneys to specify who is on what list.  He then said, "I just don't know (if he will be called)."

Doll's attorney, Paul Cambria, said he never discusses beforehand who he plans to call as a witness.

Of course, under the 5th Amendment of the U.S. Constitution, people have the right not to make statements that implicate themselves in crimes. If Josh Doll took the stand, he could refuse to answer any questions that might implicate him in a crime.

Of course, if he wasn't involved in the crime, he would be compelled to testify truthfully to anything he knew.

An attorney we spoke to said that under court rules, neither the prosecution nor defense can call a witness they know in advance will take the 5th.

In yesterday's opening remarks, Cambria said that according to Scott Doll, Benaquist's dying words were, "The boy. The boy."  Some minutes later, Cambria said, Doll began to wonder if those words meant that Josh Doll was the killer.

Cambria used the concern of Scott Doll over the possible involvement of his son to suggest that Doll's state of mind may explain some of his actions and statements to Sheriff's deputies.

The trial restarted this morning shortly after 9:45 a.m.

Because of a prior commitment for Judge Noonan, today's trial session will end at 12:30 and resume Monday morning at 9:30.

A Le Roy resident admitted in Genesee County Court today that in September he broke into a Pavilion business and damaged property there.

Bryan M Hargrave, 23, of 61 Myrtle St., Apt. B2, Le Roy, was charged with three counts each of: burglary; burglary 3rd; criminal mischief; and petit larceny.

As part of a plea bargain this morning, Hargrave agreed to admit to one count of burglary, 3rd, and one count of criminal mischief.

As part of the plea arrangement, he faces a maximum of six months in jail and five years probation.

That sentence cap could be lost if he violates the terms of his release under supervision -- an issue that apparently had him in court for a review of his bail status this morning after he allegedly violated terms of his RUS recently.

“You understand that if you do the same thing tomorrow that you did last week, you could end up going to state prison," Judge Robert Noonan said.

"Yes, your honor," Hargrave replied.

Assistant District Attorney Kevin Finnell opened the hearing by noting that Hargrave had allegedly violated his RUS terms and, after consulting with his defense attorney Gary Horton, was now ready to accept a plea offer.

Hargarve admitted to breaking into Pavilion Drainage, 6630 Route 63, Pavilion. He was also accused of breaking into B.W.'s Bar, 11070 Perry Road, Pavilion, and Willow Bend Inn, 3489 W. Main St. Road, Batavia.

As part of his plea, Hargrave agreed to pay whatever restitution is required for all charged break-ins.

With a state budget five weeks late and a $9.5 billion budget gap, Assemblyman Steve Hawley found a debate on seahorse protection legislation just a bit ridiculous.

Hawley voted no on the bill just as a matter of protest.

“The dysfunction in Albany has reached a breaking point, and today’s debate on seahorse legislation is a prime example of that," Hawley said in a news release. "Despite the fact I want to save my seahorse friends, I voted no on this bill in protest because of the sheer lunacy of its timing during this fiscal crisis. Over the last four weeks, the Assembly Majority has introduced trivial legislation, while continuing to send the rank-and-file members home after only a couple days of work.”

WGRB out of Albany spoke to the bill's sponsor:

The sponsor of the seahorse bill, Steve Englebright of Long Island, says this is important legislation to protect seahorses off Long Island that are collected for the aquarium industry, and that it would be malpractice for the Assembly not to work on other bills while waiting for a budget deal.

Hawley said he's frustrated with the lack of progress on a budget.

"Since April 1, four emergency budget extenders have been put in place, and there are no concrete plans for a budget to be passed anytime soon," Hawley said.

James Daniel Pontillo, 43, of Stafford, is charged with harassment, 2nd. Pontillo was arrested for an incident that allegedly occurred Feb. 17 at 5122 Clinton St. Road in Batavia. The Sheriff's Office news release says Pontillo allegedly "subjected a female to physical contact." No further details were released.

Aaron J. Allen, 21, of Batavia, is charged with trespass. Allen was arrested by State Police for an alleged incident on April 7. No further details were provided.

(name redacted upon request), 22, of Rochester, is charged with DWI and with driving with a BAC of .08 or greater. Felong was arrested at 3 a.m., Thursday by State Police on the Thruway in Pembroke following a single-car property damage accident.

Soon, Gensee County residents could have another convenient location -- and perhaps one of the more logical places -- to buy EZPass for Thruway tolls -- the local DMV office.

On Wednesday, County Clerk Don Read received approval from the Ways and Means Committee (the proposal must also be approved by the full Legislature) to establish a funding mechanism to buy EZPass stickers to resell at the DMV and County Clerk's office.

"We’d like to be the first one in the county where somebody could come in, know they’re traveling this weekend and pick up an EZPass and they can use it immediately," Read said.

The idea started at a meeting of the state's county clerks in Albany, Read said, when the Thruway Authority met with the clerks and offered to allow them to start selling the automatic toll passes.

Getting started takes some effort, according to Read, from getting funding approval -- the passes must be paid for in advance -- to filling out a tightly spaced eight-page application.

If the program doesn't work, though, Read said, the County won't be out any money. Any unsold EZpasses can be returned to the Thruway Authority for a full refund.

The students at GCC were all smiles Thursday evening as Care-A-Van Ministries held their annual end of year cookout for the students.  Approximately 200 students came out for the picnic and to enjoy listening to the music of the Care-A-Van Band.

During the school year, the ministry goes once a month and knocks on all 95 dorm rooms to offer treats, prayers and encouragement. The Care-A-Van is their church away from home. Great relationships were built with the students over the year. It was an awesome time tonight celebrating the students success with them.  A special thanks to MJ from security and all the RA Advisors who helped unlock the buildings on our monthly visits. We wish all the students a very blessed summer! See you in the fall!

Elder Ron is the Care-A-Van Pastor and the students just love him!

I think the Men's basketball team was trying to sign Elder Ron up for next year!