pembroke

Anthony W. Janda, 37, of Gasport, is charged with DWI, speed unreasonable, failure to use designated lane and driving across hazardous markings. Janda's vehicle left the south shoulder of Route 5 in Pembroke and struck a snow embankment. Upon a trooper's arrival, Janda was in a Mercy EMS ambulance. The trooper said he detected "an overwhelming odor of an alcoholic beverage." The trooper administered two field sobriety tests and a breath test, which indicated alcohol consumption. Janda was transported to ECMC as a precaution and reportedly refused a blood test for the trooper, though the hospital had already drawn blood.

Vanessa Lynn Silvernail, 29, of Meadow Farm North, North Chili, is charged with DWI, aggravated DWI, aggravated unlicensed operation, moving from lane unsafely and drinking alcohol in a motor vehicle. Silvernail was arrested following an investigation into a one-vehicle accident in which the vehicle left the roadway on North Road, Town of Le Roy, and went into a ditch at 12:30 a.m. The accident was investigated by Deputy Joseph Loftus.

Annie E. Johnson, 86, of Milbank Street, Rochester, was arrested on a warrant for alleged failure to appear on an overnight parking ticket in the city. Johnson turned herself in and was released on $100 bail.

Christina M. Sanchez-Anderson, 26, of Bank Street, Batavia, was arrested on a warrant for alleged failure to appear on a possession of stolen property, 5th, charge. Sanchez-Anderson turned herself in, was arraigned in City Court and released on her own recognizance.

Lee Edward Richeson, 53, of 8th Street, Canisteo, is charged with possession of more than 400 untaxed cigarettes. Richeson was stopped at 11:50 a.m. Tuesday on Route 77, Pembroke, for an alleged traffic violation by Deputy Patrick Reeves.

Two teams, evenly matched, made for action-packed basketball at Byron-Bergen Tuesday night, but a 14-2 run in the second quarter made all the difference for Pembroke as the Dragons pulled out a 51-45 win in a first-round Section V playoff game.

Byron-Bergen and Pembroke came into the game as the #8 and #9 seeds, both with 7-12 records and having split their two regular season contests.

"We know everything that they're running," said Chad Smith, Bees head coach. "I mean, he had to change up his pace and we were able to adjust to it. We figured it out. We did a great job. He knows pretty much what we're doing. We worked them down to five seconds on the shot clock a lot throughout the night, but they had guys come up big."

Smith and Pembroke Coach Matt Shay agreed that the turning point was the second quarter, when shots stopped dropping for the Bees and the Dragons got hot.

"We really locked down defensively and that was huge because they made some shots in the first quarter and I told the guys after the first quarter, I thought we were playing solid defense, but they were just making tough, good shots, good offensive plays. I told the guys, 'stick with it.' I think the defense looked pretty good and eventually those percentages even themselves out."

The game wasn't really decided into the closing second, but Byron-Bergen wasn't able to run its plays to get some scores.

Smith realizes he has a young team and he's eager to start off-season work with his returning players with an eye toward a stronger 2015-16.

"We've got a great group of kids," Smith said. "They work their tails off for me. I knew it was going to be a fight. They weren't going to give up at all until the end. I'm very proud of our guys.
I think we're moving in the right direction."

For Pembroke, Ryan Cansdale had 16 points, Zack Von Kramer, 10, and Kyle Ludwig hit three triples on his way to a 10-point game.

For the Bees, Steele Truax had 11, and Brandon Burke and Adam Strassner had 10 each.

Next up for Pembroke at 7 p.m., Friday, is #1 seed Mynderse (15-4). 

Shay knows it's going to be a tough game for his young team.

"We're definitely the underdog, which is OK with us because we've been an underdog team for most the season," Shay said. "I don't try to focus too much on the other team. We will get focused on what we do and execute on what we do rather than concentrate on what they do."

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Zaid Amhad Alhariri, 47, of Dodge Street, Buffalo, is charged with possession of more than 4,600 untaxed cigarettes. Alhariri was stopped for alleged traffic violations at 12:23 p.m. Sunday on Route 77, Pembroke, by Deputy Patrick Reeves. He was allegedly found in possession of 4,600 untaxed cigarettes with a value of $1,055.

Cindy Lou Bush, 63, of Oak Orchard Road, Elba, is charged with five counts of criminal contempt, 2nd. Bush was allegedly involved in an incident at 7:30 p.m. Monday at a residence on Oak Orchard Road, Elba, with five other people, all who are the subject of a complete stay away order issued to Bush.

Annette Monique McMillian, 30, of Elmdorf Street, Rochester, is charged with scheme to defraud, 1st, petit larceny and issuing a bad check. McMillian was arrested on a warrant after turning herself in to Monroe County Probation. She was arraigned in Le Roy Town Court and jailed on $1,000 bail.

One of the main issues in a motion by an attorney for Scott F. Doll to dismiss his 2010 murder conviction isn't supported by the court record, Assistant District Attorney Will Zickl is arguing in an answering affidavit released Friday.

Doll's attorney, Timothy Murphy, argued in his motion that investigators didn't have probable cause to detain Doll after he was found in blood-soaked overalls on North Lake Road, Pembroke, the night of Feb. 19, 2009.

Doll was convicted by a jury of murder for beating to death Joseph Benaquist, a former coworker of Doll's and occasional partner in a used car business, at the victim's home in Pembroke.

He is serving a 15-years-to-life sentence in State Prison.

The failure of Doll's defense team -- Paul Cambria and Daniel Killilea -- to raise the issue of the detention constitutes insufficient legal representation, Murphy argues.

Zickl counters that Murphy fails to establish a factual basis for his motion. He argues that at the trial court level, the defendant challenged the legality of his detention, including his transport to the Genesee County Sheriff's Office, in his motion to suppress statements Doll made to investigators.

Doll has already lost an appeal on the legality of his being questioned without being read his rights.

An appeals court found that questioning Doll was legal under what's known as the "emergency doctrine." Since investigators had reason to believe a person may be injured and in immediate need of assistance if located, they need not advise Doll of his right to remain silent.

Zickl argues that Doll received a vigorous and well-crafted defense during all phases of the case.

"A cohesive and closely tailored theory of the Defendant's innocence was cogently presented to the jury by the defense team," Zickl writes.

Zickl asks that since the record is so clear, Doll's motion be denied without a hearing.

As for Doll's motion for further DNA testing, Zickl argues that further testing won't produce different results.

"A central premise of the Defendant's motion is that the victim and the perpetrator were involved in a 'struggle' and as a result it is likely that genetic material would be found underneath the victim's fingernails or on his clothes," Zickl writes.

"This theory is not supported in the record. In fact, the record is more consistent with a theory of an ambush and rapid incapacitation of the victim by the Defendant.

"Even assuming, arguendo (for the sake of argument), that the requested genetic testing had produced a profile other than the Defendant's, it would not explain or diminish the overwhelming evidence of the Defendant's guilt, such as the volume, distribution and appearance of the victim's blood on his person, his clothes and his vehicle."

Noonan will rule on the motions at a later date.

For previous Scott Doll coverage, click here.

Two of the people seriously injured in a weekend accident that took the life of a young Pembroke woman remain in guarded condition at Strong Memorial Hospital.

Details of the injuries to Brandon Danser, 21, of Batavia, and Jamie Scherer, 21, of Pembroke, are not available.

Strong lists all patients in the Intensive Care Unit as "guarded."

Both were passengers in a vehicle early Saturday morning that was northbound off of Molasses Hill Road, Bethany, when it was struck by an eastbound semi-truck on Route 20.

Alyson D. Krzanak, 18, of Pembroke, later succumbed to injuries sustained in the accident.

The vehicle was reportedly driven by Hannah Dibble, 21, of Pembroke, who was transported by Mercy EMS to ECMC and treated and released.

Felicia Fazzio, 20, of Darien, was transported by Mercy EMS to ECMC. She was listed in stable condition, but today a patient information operator at ECMC refused to release information on her condition, other than to confirm she hasn't been released.

Gabrielle Uzarowski, 21, of Pembroke, was treated at the scene and released.

The driver of the truck, Leonard Odums, of Cutburt, Ga., was not injured.

The accident remains under investigation.

A motor-vehicle accident with injuries is reported in the area of 2486 Main Road, East Pembroke.

East Pembroke fire and Mercy EMS dispatched.

UPDATE 11:53 p.m.: We've heard no updates on this accident. 

Alyson D. Krzanak, who listed her employment on her Facebook page as GCCA Child Care Center and JCPenney, was flown by Mercy Flight to ECMC following the early morning accident at Route 20 and Molasses Hill Road, and was initially listed in critical condition.

The Sheriff's Office release does not list a time of death.

Krzanak was one of six people in a 1997 Geo Prism that was northbound on Molasses Hill Road when it crossed Route 20 and was struck by an eastbound tractor-trailer.

The vehicle was reportedly driven by Hannah Dibble, 21, of Pembroke, who was transported by Mercy EMS to ECMC and treated and released.

Also injured were Brandon Danser, 21, of Batavia, who was taken by Mercy Flight to U of R Medical Center and is listed in guarded condition.

Jamie Scherer, 21, of Pembroke, was transported by Attica Ambulance to WCCH and then transferred to U of R by Mercy Flight, and he is in guarded condition.

Gabrielle Uzarowski, 21, of Pembroke, was treated at the scene and released. Felicia Fazzio, 20, of Darien, was transported by Mercy EMS to ECMC and is in stable condition.

The driver of the truck, Leonard Odums, of Cutburt, Ga., was not injured.

The accident remains under investigation. The Crash Management Team responded to the scene.

Assisting the Sheriff's Officer were State Police, Bethany, Alexander, Attica, and Pavilion volunteer fire departments along with the Genesee County Emergency Management Office.

A car is on its roof on the westbound Thruway at mile marker 400. It's in the median. Unknown injuries. Pembroke and Indian Falls fire and Mercy medics are responding.

UPDATE 7:03 a.m.: A fire chief on scene reports everyone is out of the vehicle. But there's a language barrier and so the issue of whether there are injuries remains unclear.

UPDATE 7:08 a.m.: A responder on scene reports the location is actually between mile markers 401 and 402.

UPDATE 7:32 a.m.: The location is mile marker 401.8. The assignment is back in service.

The roof of a mobile home on North Lake Road in Pembroke is bowing due to heavy snow on top and the ceiling is creaking, according to a caller to dispatch. The location is Lot #16 inside Antone's Mobile Home Park at 8427 North Lake Road.

Pembroke and Indian Falls fire are responding along with mutual aid from Darien. Heavy equipment, including hydraulic jacks, are requested to the scene.

UPDATE 8:52 p.m.: The assignment is back in service.

One person is dead and a Rochester resident is being charged with DWI after the car he was driving early this morning slammed into the back of a Thruway Authority snowplow near mile marker 404 in the eastbound lane.

The accident was reported at 3:44 a.m.

Killed in the crash was Milagro Lopez-Cruz, 33, of Rochester, who was a passenger in a vehicle driven by Jermaine A. Vann, 34, of Rochester.

Vann's small car was eastbound behind the snow plow when his car rear-ended the plow.

He was charged with DWI, aggravated unlicensed operator, 3rd, following too closely and speed not reasonable nor prudent for conditions.

He suffered non-life-threatening injuries and was treated and released at ECMC. 

(Initial Report)

An accident with possible serious injuries is reported on the Thruway in the area of mile marker 404. 

The call came from a tollbooth operator. 

A Thruway vehicle is involved; the injury is in the second vehicle. 

Pembroke and Indian Falls fire along with Mercy EMS responding. 

UPDATE 3:58 a.m.: Mercy Flight out of Batavia is only available for eastbound flights at this time. Dispatch on availability of Mercy Flight out of Buffalo. 

UPDATE 4:09 a.m.: All eastbound traffic being blocked. CPR in progress. 

UPDATE 4:18 a.m.: Mercy Flight can stand down. 

UPDATE 5:50 a.m.: We have no further information at this time. The accident is under investigation, according to State Police.

An attorney representing Scott F. Doll has filed a motion to vacate the former Corfu resident's 2010 murder conviction on the grounds that Doll's rights were violated the night of his arrest and his trial counsel's failure to raise the issue of specific rights being violated constituted inadequate representation.

Timothy Murphy is also asking for DNA testing on fingernail scrapings from the victim, Joseph Benaquist, a former coworker of Doll's and occasional partner in a used car business.

Murphy argues in a 22-page motion that there was no probable cause to detain Doll for more than three hours the night of the murder and then later transport him to the Sheriff's Office for further questioning.

Doll previously lost an appeal over the police interrogation, despite the fact he was never read his Miranda warnings, under a legal theory known as the "emergency doctrine," which allows police questioning if they believe a person's life may be in danger.

The night of Feb. 19, 2009, emergency dispatchers received a call about a suspicious condition on North Lake Road, Pembroke. 

Deputy James Diehl responded to the scene and located Doll walking on North Lake Road in overalls and carrying a tire jack in one hand.  

When Diehl approached, he noticed that Doll's overalls were covered in blood.

At one point, Doll claimed it was blood from a deer he had recently butchered.

At the time, there was no missing person report on Benaquist and his body wouldn't be found for another four and a half hours.

In arguing for the emergency doctrine exception for questioning Doll on North Lake Road and later at the Sheriff's Office, the prosecution contended that deputies and investigators found the blood suspicious and Doll's inconsistent statements troubling.

They suspected a crime had been committed and that perhaps a victim was still alive and in need of assistance, thereby justifying trying to get information out of Doll that might lead them to a victim.

Murphy argues that in rejecting Doll's appeal on those grounds, the Appeals Court found that there was no probable cause for taking Doll into custody and then transporting Doll to the Sheriff's Office.

There is prior case law that prohibits both actions without probable cause, according to Murphy's motion.

Detaining Doll for three hours at the scene exceeds the police's authority to "stop and frisk" a person under suspicious circumstances, Murphy argues.

The failure of Doll's defense counsel, led by nationally renowned defense attorney Paul Cambria, and assisted by Daniel Killelea, to object during the trial stage to the custody and transport of Doll constitutes a procedural error that compromised Doll's right to a fair trial.

Assistant District Attorney Will Zickl has written a response, but it has not yet been filed with the court, so it's not yet a public document. 

A hearing on the motion was scheduled for this morning, but was postponed to March 10 to give Murphy more time to read and respond to Zickl's answer.

For previous coverage of Scott Doll, click here.

Wires are reportedly burning inside the wall of a house at 182 Main Road, Pembroke. The city's fast team, Pembroke and Indian Falls fire departments are to respond along with East Pembroke.

UPDATE 10:37 a.m.: Fire police are to shut down traffic at Route 5 and Main Road.

UPDATE 11:45 a.m.: Fire is out. Remaining units are preparing to clear the scene. Road is reopened. National Grid is notified as well as the tenants, who were not home.

Press release: 

National Grid has awarded grants of up to $350,000 to support improvements in Yancey’s Fancy current manufacturing operations, and the construction of a new, 112,000-square-foot cheese manufacturing, packaging, warehousing and distribution facility. The new site will be built on 12 acres in the Buffalo East Technology Park in Pembroke.

The new facility has a capital investment of $20.6 million, will create approximately 50 new jobs, and retain 100 existing jobs. It is expected to officially open next month. National Grid will provide up to $250,000 toward electric infrastructure costs.

A second grant of up to $100,000 is available to assist with the design of advanced technology to manage the whey by-product that is generated through the cheese-making process. That will be part of a 3,500-square-foot expansion of its current operations at 857 Main Road in Corfu. The new system will allow for more efficient processing of the whey, which is used as a common food additive and for animal feed production. The project requires an upgrade of the current electric service to meet new demand. The $2.64 million project will create 17 new jobs and retain 30 jobs.

“Yancey’s Fancy is a thriving local company that is creating jobs and a strong brand here in Western New York and across the country,” said Dennis Elsenbeck, regional executive for National Grid in Western New York. “Genesee County continues to be a model for economic development through its collaborative approach to creating a positive climate for businesses to grow and expand, like Yancey’s Fancy.”

“National Grid has been a great partner through the years in our economic development efforts,” said Steve Hyde, president and CEO of the Genesee County Economic Development Center (GCEDC). “In this instance, National Grid is providing critically important grants to sustain and grow the operations of one the largest employers in our region. It’s another example of the public and private sector collaboration that is resulting in the creation of new jobs and investment.”

The grants to Yancey’s Fancy are from National Grid’s Electric Capital Investment Incentive Program, which assists growing customers with costs of upgrading utility infrastructure to accommodate a business expansion or new construction that creates and retains jobs.

Information about National Grid’s suite of economic programs is available at www.shovelready.com.

After a successful "Shooting for a Cure" fundraiser at Pembroke High School on Thursday, members of the Lady Dragons presented a $9,019 check to the Roswell Park Cancer Institute on Friday.

Photo submitted by Christina Abt.

Members of the Pembroke Volunteer Fire Department were out in their district this morning clearing snow away from fire hydrants.

Photo submitted by Tera Bonner.

UPDATE: Tera sent in more pictures and the following statement:

Nine firefighters from the Pembroke Fire District spent 36 man hours clearing snow and ice from 115 hydrants today.

What may seem like a tedious, endless shoveling job, it's definitely an important one that needs to be done.

The Pembroke Fire District would like to remind you that a clearly visible, accessible fire hydrant could save your home, a neighbor's home, or even someone's life. If a fire hydrant is buried in snow, firefighters can lose valuable time trying to locate it when they first arrive at a fire. You can perform a valuable public service and protect yourself, your family and your neighbors by taking the responsibility for shoveling out and clearing any fire hydrants near your home during and after a heavy snowfall. With more snow sure to be on the way, we would like to offer these suggestions:

Make sure hydrants near your home are cleared after each snowfall.

Clear away any snow and ice in the area surrounding these fire hydrants so the firefighters have room to connect a hose.

Look out for your elderly or handicapped neighbors by taking a few extra minutes to shovel out their hydrants.

Shoveling a few extra minutes today may make all the difference later.

A blue pickup truck has rolled over in the area of mile marker 403.6.

Injuries are reported and extrication is needed.

Pembroke and Indian Falls fire department are dispatched, along with Mercy EMS.

There may be a second accident at mile marker 406.

At 403.6, an elderly patient reportedly has neck and back injuries.

UPDATE 10 a.m.: A responder has yet to locate an accident at 406.

UPDATE 10:02 a.m.: A second ambulance requested to 403.6.

UPDATE 10:04 a.m.: There are multiple patients to be evaluated. Darien's ambulance is standing by. Traffic is reportedly heavy.

UPDATE 10:05 a.m.: At least three patients will be sign-offs.

Sean Burton, Dave Porter and Aaron Burch congratulate each other after getting their heads shaved before the Pembroke girls basketball game Thursday night, part of the school's annual "Shooting for a Cure" fundraiser.

The fourth annual event has become one of the largest annual fundraisers for Roswell Park Cancer Institute. Last night, the school raised $8.729.32, making the four-year total more than $30,000.

When the recording of the National Anthem didn't work, Makenzie Ferranti and Samantha Quaranto step forward and sang the Star Spangled Banner as a duet, giving a stellar performance that was completely unplanned.

The Pembroke girls were dressed in their pink Shooting for a Cure uniforms.

The Lady Dragons played their brand of aggressive basketball and swamped Holley, 50-6.

At half-time, local cancer survivors were honored with flowers from players, including Sue Underwood. Presenting the flower is Olivia Kohorst.

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A tin can, a pink basketball, and a lady dragon… it sounds like some sort of fairy tale. But it is far from that as these Lady Dragons use the cans to collect donations and that ball to shoot for a cure for breast cancer. To date, these young women have raised more than $22,000 for this cause.

When Rylee Moser was a freshman and playing on the Pembroke Junior Varsity Basketball Team, she recalls being asked to participate in the “Shooting For a Cure” event to help raise funds for breast cancer research. She said “our gym teacher’s wife was diagnosed with breast cancer and we wanted to do something to help.” Now a varsity player and a senior at Pembroke High School, Rylee remains highly involved and she and her teammates are passing the torch that will continue this tradition of the Shooting For a Cure event.

The Pembroke Dragons Girls Basketball Team started this fund-raising effort in 2012, carrying around coffee cans and asking for donations; they raised approximately $4,100. The following year, they continued finding sponsors and raised more than $7,100. And last year they set their goal at $10,000 and raised over $11,000. This year, these players hope to make it bigger and better than ever. With corporate sponsors and 70-plus merchants involved, they hope to exceed their goal again this year.

Mike Wilson, Pembroke math teacher who has been involved with this event since the start, says “all the girls cannot wait for this game… they are a civic-minded group and they use basketball to make a difference in their community.” The underclassmen will continue to carry the torch as he sees this as “the game the girls look forward to the most, where they have a chance to serve the community and others.” 

Shooting for a Cure will be held 7 p.m. Thursday, when the Lady Dragons host the Holley Hawks at the Pembroke High School Gymnasium. Besides proceeds from ticket sales, the Lady Dragons will have food, auctions and raffles. Perry’s Ice Cream is sponsoring an ice cream sundae bar at the game as well.

Donations are still being accepted and anyone wishing to donate can contact Mike Wilson at 585-599-4525, ext. 1210, or go to www.crowdrise.com/shooting4acure. All money raised from this event go directly to Roswell Park Cancer Institute to support breast cancer research.

When Rylee and the other seniors exit the court tommorrow night, they will carry with them the pride that they have made a difference in their school, their community and all those battling breast cancer.