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Total of 212 GCC students named to Provost's List for fall 2018 semester

By Billie Owens

BATAVIA -- A total of 212 students from Genesee Community College were named to Provost's List. Students honored on the Provost's List have maintained part-time enrollment and earned a quality-point index of 3.75 (roughly equivalent to an A) or better.

William Rippel of Batavia, NY

Joseph Jeanotte of Le Roy, NY

Elizabeth Grosskopf of Batavia, NY

Nadine Jeffery of Batavia, NY

Katelyn Connors of Batavia, NY

Sarah Herman of Alexander, NY

Cassandra Koepp of Alexander, NY

Naomi LaDuke of Alexander, NY

Nicole Alvord of Darien Center, NY

Thomas Kedzierski of Darien Center, NY

Lauren Carli of East Bethany, NY

Alexander Breissinger of Darien Center, NY

Lauren Bertalan of Darien Center, NY

Edward Foeller of Darien Center, NY

Patrick Puccio of Stafford, NY

Christina Weston of Alexander, NY

Erin Deja of Batavia, NY

Crystal Pierce of Batavia, NY

Shannon Guiste of Batavia, NY

Robert Tripp of Batavia, NY

Shane Causyn of Byron, NY

Cassandra Gowanlock of East Bethany, NY

Kyle Schoff of Corfu, NY

Kodian Becker of Darien Center, NY

Allison Steavens of Batavia, NY

Emily Reynolds of Elba, NY

Jennifer Cardinali of Oakfield, NY

Melissa Vinyard of Batavia, NY

Katelyn Barnes of Pavilion, NY

Ryan Wolfe of Batavia, NY

Bryan German of Batavia, NY

Mary Ross of Le Roy, NY

Magnum Kibler of Le Roy, NY

Maura Rogers of Le Roy, NY

Kyle Mott of Batavia, NY

Angelique Newton of East Bethany, NY

Colin Graham of Oakfield, NY

Alan Riggi of Alexander, NY

John Boyle of Le Roy, NY

David Hoffman of Bergen, NY

Jessica Lennon of Alexander, NY

David Mackey of Bergen, NY

Grace Morrill of Bergen, NY

Sandra Fanton of Pavilion, NY

Genesee Community College serves more than 5,700 students per semester through more than 70 academic programs and certificates, including the new Marketing and Social Media concentration within the Business Administration program, and the new Nanotechnology degree with ECC. On a microscopic scale, nanotech focuses on careers in biology, chemistry, electrical engineering, medicine and photovoltaics. 

GCC's new Student Success Center makes admissions, financial aid and enrollment a simple and efficient process. The college has earned three national sports titles; most recently, the Men's Soccer team brought home the National Junior Collegiate Athletic Association D-III title. The athletics program, housed in the brand new, state-of-the-art Richard C. Call Arena hosts more than a dozen intercollegiate men's and women's teams.

Highly convenient, GCC operates seven campus locations throughout Western New York, as well as a significant online learning program. College housing is available at College Village, just a three minute walk from the Batavia Campus. With small class sizes and state-of-the-art technology both inside and out of the classroom, Genesee Community College is known for being "high tech" and "high touch."

Minor injury rollover accident reported on Fargo Road, Stafford

By Howard B. Owens

A minor-injury rollover accident is reported on Fargo Road, between Roanoke Road and Clapsaddle Road, Stafford.

Stafford fire and Bethany fire and Mercy EMS responding.

UPDATE 10:19 a.m.: The driver is out and walking around. Responding units can continue non-emergency.

Car crashes into pole barn in Stafford, city traffic slows on West Main Street

By Billie Owens

A car crashed into a pole barn at 8668 Route 237. Everyone is out of the vehicle; believed to be no injuries. The location is south of Prentice Road. Stafford Fire Department is responding.

UPDATE 12:18 p.m.: Confirmed there are no injuries.

UPDATE 12:25 p.m.: "It looks like the barn may come down when we pull the vehicle out," says a firefighter at the scene.

Also, in the City of Batavia, westbound traffic is down to one lane and traffic is congested on West Main Street near Thomas Avenue following a collision.

Eight-year review for GC Ag District 3 now underway

By Billie Owens

Press release:

The state mandated 30-day public review period has begun for Agricultural District No. 3 in the towns of Le Roy, Pavilion, Stafford and Bergen.

The Genesee County Agricultural and Farmland Protection Board announced that Agricultural District No. 3 would embark on its eight-year review with a 30-day public review period beginning on Jan. 26.

As with every eight-year review, landowners with lands in the district under review will be asked to complete a worksheet where they will be given the option to enroll or withdraw property from the district. Only entire parcels can be included or excluded.

Landowners will receive the worksheet, along with a letter, informational brochure, and map of the current district boundaries in the next couple of days. Each landowner will have until Monday, Feb. 26thof this year to mail the worksheets to the Department of Planning in the envelopes provided.

This deadline also coincides with the deadline for the Annual Enrollment Period which allows for inclusion of predominantly viable agricultural land to any of the County’s Agricultural Districts pending review by the Agricultural and Farmland Protection Board. In addition, nearby landowners that are receiving Agricultural Tax Assessments and are not part of the Agricultural Districts Program will be mailed a letter and form inviting them to join the program.

During this 30-day period, a map of the District will be on file and open to the public in the office of the Genesee County Clerk and at the Genesee County Department of Planning. Any municipality whose territory encompasses the above Agricultural District, any State Agency or any landowner within or adjacent to the District, may propose a modification of the District during this period.

The District and any proposed modification will be submitted to the Genesee County Agricultural and Farmland Protection Board for review. Consequently, a public hearing on the District and any proposed modifications will be held on Wednesday, May 8, at 5:30 p.m. at the Genesee County Old Courthouse, 7 Main St., Batavia.

At the conclusion of this review, the Genesee County Legislature will vote on any modifications to the District and send the proper materials to the State Department of Agriculture and Markets for recertification. The public is encouraged to attend all open meetings.

By enrolling land in the Agricultural Districts Program, participating farmers can receive relief from nuisance claims and certain forms of local regulation. Enrollment is free and voluntary.

For a free informational brochure, please contact the Genesee County Department of Planning. Phone: (585) 815-7901; Fax: (585) 345-3062; Email: planning@co.genesee.ny.us. Visit on the web here

Dump truck rollover accident reported in Stafford

By Billie Owens

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A dump truck rollover accident with unknown injuries is reported on Route 33 near Ivison Road in Stafford. Stafford Fire Department and Mercy medics are responding.

UPDATE 4:22 p.m.: This was a construction company dump truck towing a small trailer. Law enforcement says what caused the vehicle to veer off the roadway and rollover is unknown. Two patients were transported to Strong Memorial Hospital with non-life-threatening injuries. No other vehicles were involved.

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Law and Order: Elba man charged with first-degree sexual abuse of child under 13

By Billie Owens

Mark Daniel Tooley, 35, of Oak Orchard Road, Elba, (inset photo, above) is charged with: first-degree sexual abuse; acting in a manner injurious to a child less than 17; and first-degree criminal sex act. On Jan. 4, Tooley was arrested on a sealed Grand Jury indictment for allegedly having sexual contact with a victim under the age of 13 on Main Road in Stafford at 5 p.m. on Dec. 24. He was arraigned by Judge Charles Zambito and put in jail with bail set at $10,000 cash or $20,000 bond. He is to reappear in Genesee County Court at a later date. The investigation was handled by Youth Officer Tim Wescott and Youth Officer Howard Carlson.

Nicholas G. Williams, 42, of 3810 W. Main Street Road, Lot 7, Batavia is charged with: felony burglary, 2nd, misdemeanor attempted petit larceny; and felony criminal contempt, 1st. A reported disturbance on Nov. 26 on Lake Street in the Village of Le Roy led to an investigation of Williams. It is alleged that Williams knowingly entered and/or unlawfully remained inside a residence on Lake Street in Le Roy with the intent of committing the crime of petit larceny. Williams is accused of attempting to steal a laptop computer from inside the residence when he was interrupted and fled the scene. Williams was charged with felony criminal contempt in the first degree because it is alleged that a protected person, whom the court ordered him to have no contact with, lived at the residence. Williams was convicted of a prior criminal contempt within the preceding five years. Williams was located in the Genesee County Jail where he was confined due to an alleged parole violation. Williams was arrested on Dec. 12 for the Le Roy charges and arraigned in the Le Roy Town Court and jailed without bail due to multiple prior felony convictions.

Kevin Pietrzykowski, 63, of Stafford (inset photo, left), was arrested by troopers on Jan. 4 for directing a laser at an aircraft, 2nd, which is a misdemeanor. On Jan. 3, troopers responded to the Town of Bergen for a call received from Rochester Airport Air Traffic Control Office on behalf of the National Guard Air Wing for a military helicopter being directed by a laser during night training. According to a spokesman for Troop A in Batavia, the second time the laser was directed at the aircraft, the helicopter pilot put a spotlight on the area it originated from, which helped troopers patrolling the area to find the suspect. Multiple interviews resulted in the arrest of Pietrzykowski on Clinton Street Road, Stafford. Pietrykowski was issued an appearance ticket for the Town of Stafford Court in February.

Kevin James Compton, 57, of Clipnock Road, Bethany, is charged with: criminal possession of a weapon in the third degree; two counts of first-degree reckless endangerment; two counts of unlawful imprisonment; and two counts of second-degree menacing. Compton was arrested following a domestic incident which occurred at 12:30 p.m. on Jan. 5 on Clipnock Road. It is alleged that Compton threatened two people with a pistol. He was arraigned in Bethany Town Court on Jan. 6 and jailed in lieu of $20,000 cash or $40,000 bond. He is due back in court on Jan. 15. The case was handled by Genesee County Sheriff's Deputy Howard Wilson, assisted by Deputy Jeremy McClellan.

Ernest Dee Lane, 60, of Ellicott Street, Batavia, is charged with third-degree assault. Lane was arrested on Jan. 3 for an incident which occurred at 2:20 a.m. on Jan. 1 on Ellicott Street. He allegedly injured another person during a physical altercation. He is due in Batavia City Court on Jan. 8. The case was handled by Batavia Police Officer Christopher Lindsay.

Cody J. Wenner, 28, of Oak Street, Batavia, is charged with endangering the welfare of a child and second-degree harassment. Wenner was arrested Jan. 3 for an incident which occurred at 12:57 a.m. on Jan. 1 on Walnut Street. Wenner allegedly pushed a juvenile to the ground during an altercation. He was released on his own recognizance following arraignment in Batavia City Court. He was due back in City Court on Jan. 4. The case was handled by Batavia Police Officer Jamie Givens, assisted by Officer Felicia DeGroot.

Grand Jury: Man accused of injuring two deputies, striking woman, fighting with security at Jason Aldean concert

By Billie Owens

Robert A. Maharrey is indicted for the crime of disorderly conduct. It is alleged that on Aug. 10, at the Darien Lake Performing Arts Center located in the Town of Darien Center, Maharrey engaged in fighting or with violent, tumultuous or threatening behavior by punching or striking a female patron in the face. In count two, he is accused of second-degree harassment for allegedly subjecting a female patron to physical contact, or attempting or threatening to do so. In count three, Maharrey is accused of disorderly conduct for allegedly engaging in fighting or with violent, tumultuous or threatening behavior with Live Nation Security staff members. In count four, he is accused of second-degree harassment for allegedly subjecting a Genesee County Sheriff's deputy to physical contact by spitting in his face. In count five, the defendant is accused of second-degree assault, a Class D violent felony, by allegedly intentionally preventing a Sheriff's deputy from performing a lawful duty and causing injury to the deputy. In count six, Maharrey is accused of assault on a police officer, a Class C violent felony, for allegedly intentionally preventing a second deputy from performing a lawful duty and causing serious physical injury to that deputy.

Jacob M. Balla Sr. is indicted for the crime of first-degree criminal contempt, a Class E violent felony. It is alleged that on Oct. 19 in the Town of Pembroke, in violation of an order of protection, that he struck, shoved, kicked or otherwise subjected the protected party to physical contact or attempted or threatened to do so. In count two, Balla is accused of second-degree harassment, a violation, for allegedly intentionally harassing, annoying or alarming the protected party by striking, shoving, kicking or otherwise subjecting the person to physical contact or attempting or threatening to do so.

Lashawn Brown-Dixie is indicted for the crime of aggravated driving while intoxicated, per se, as a Class E felony. It is alleged that on Sept. 17 Brown-Dixie drove a 2016 Chevrolet on Interstate 90 in the Town of Stafford while having a BAC of .18 percent or more. In count two, she is accused of DWI, as a Class E felony, for the same incident. In Special Information filed by the District Attorney's Office, Brown-Dixie is accused of having been convicted of DWI, as a misdemeanor, on Dec. 14, 2010 in Town of Marathon Court, County of Cortland, and the conviction was within 10 years of the crimes alleged in the current indictment.

Braille menus now available at Original Red Osier Landmark Restaurant

By Billie Owens

Submitted photo and press release:

The Genesee Regional Advisory Council (GRAC) for people with disabilities at the Independent Living of Genesee Region Center with assistance from the NY School for the Blind have brailled the Original Red Osier Landmark Restaurant menu.

The Red Osier, located in the Town of Stafford, has made a significant commitment to being an accessible restaurant to all members of the community regardless of abilities.

Pictured from left: Executive Chef William Burch, Chef Mike Mattern, David Dodge from the Independent Living of Genesee Region Center and The Original Red Osier Landmark Restaurant Owner Steve Foster.

Law and Order: Victor man with flat tire suspected of aggravated DWI in Stafford

By Billie Owens

Justin Daniel Petrovic, 38, of Oak Ridge Drive, Victor, is charged with aggravated DWI, per se, with a BAC of .18 percent or more and no prior convictions; DWI -- first offense; and having an unsafe tire. At 8:14 p.m. on Dec. 16 on Main Road in Stafford, Petrovic was arrested after deputies checked on his vehicle, which was roadside. It is alleged that the defendant drove his vehicle on Route 5 when it became inoperable due to a flat tire. He was released on an appearance ticket and is due in Town of Stafford Court on Jan. 17. The case was handled by Genesee County Sheriff's Deputy Jeremy McClellan, assisted by Deputy Joshua Brabon.

Adam Richard Stone, 47, of Read Road, Pembroke, is charged with: driving while intoxicated; operating a motor vehicle while having a BAC of .08 percent or more; moving from lane unsafely; and operating a motor vehicle without an inspection certificate. At 6:54 p.m. on Dec. 16, deputies responded to Slusser Road in the Town of Pembroke for a one-vehicle accident. Following an investigation, Stone was arrested. He was issued appearance tickets and is due in Pembroke Town Court on Jan. 22. The case was handled by Genesee County Sheriff's Deputy Erik Andre, assisted by Deputy Kyle Krzemien.

Kayne W. Probst, 24, of Lynn, Mass., is charged with one count of petit larceny, a Class A misdemeanor. Probst was arrested by the Le Roy Police Department on Dec. 13 after they received a complaint of a larcent that had just occurred at a local store. It is alleged that the defendant took merchandise from the store without paying for it. Probst was taken into custody without incident and was arraigned in the Le Roy Town Court. Probst was jailed in lieu of $500 bail and is due in Le Roy Town Court today (Dec. 20).

James O. Boughton, 18, of Chili Riga Center Road, Churchville, was arrested on Dec. 10 by the Le Roy Police Department and charged with unlawful possession of marijuana and disobeying a traffic control device, both violation-level offenses. While on patrol, Le Roy police allegedly observed the vehicle operated by Boughton pass through a red signal. Patrols executed a lawful traffic stop on Boughton’s vehicle, identified Boughton as the operator, and after a brief investigation allegedly found Boughton to be in possession of marijuana. Boughton was issued tickets and is to appear in the Le Roy Town Court on Jan. 17 to answer to the charges.

Law and Order: Le Roy woman with previous conviction accused of driving while impaired by drugs

By Billie Owens

Roberta Ann Goodman, 51, of East Main Road, Le Roy, is charged with driving while ability impaired by drugs -- with a previous conviction, a Class E felony. On Dec. 9 at 10:09 a.m., the Genesee County Emergency Dispatch Center received multiple calls of a motor vehicle being driven erratically westbound through the Town and Village of Le Roy. Le Roy Police Detective John Condidorio was able to catch up to the vehicle and initiate a traffic stop stop with the suspect vehicle on Main Road in Stafford. Sheriff's deputies arrived on scene and administered standardized field sobriety tests and Goodman was subsequently arrested. After being given a Drug Influence Evaluation at the jail by Deputy Matt Butler, a certified Drug Recognition Expert, Goodman was arraigned in Stafford Town Court and jailed in lieu of $2,500 cash bail. Additional charges are pending. In addition to Condidorio and Butler, the investigation by Deputy Ryan DeLong was assisted by Deputy Erik Andre and Deputy Kevin McCarthy.

Dustin L. Stump, 48, of State Street, Batavia, is charged with illegal disposal of items. He was arrested at 1:09 p.m. on Dec. 10 after allegedly illegally disposing of garbage in a privately owned dumpster. He was issued an appearance ticket for Batavia City Court and is due there on Dec. 18. The case was handled by Batavia Police Officer Marc Lawrence.

Mark S. Bradley, 58, of Pavilion, is charged with: criminal possession of a controlled substance in the seventh degree; unlawful possession of marijuana; consumption of alcohol in a motor vehicle; and unauthorized stickers on windshield. He was arrested on Dec. 9 following a traffic stop on Warsaw Boulevard in the Village of Silver Springs. During the stop, he was allegedly found to be in possession of crystal meth, marijuana, marijuana paraphernalia, and an open container of alcohol. His vehicle was towed from the scene. He was processed at the Wyoming County Sheriff's Office and released to relatives. He was issued appearance tickets and is due in Village of Silver Springs Court on Jan. 7 to answer the charges. The case was handled by Wyoming County Sheriff's Sgt. Colin Reagan, assisted by Deputy Bradley McGinnis.

Shannon M. LaPaglia, 37, of Le Roy, was arrested at 6:22 a.m. on Dec. 9 by troopers out of SP Batavia and charged with DWI, unlawful possession of marijuana and vehicle and traffic infractions. Her arrest came after troopers responded to a property damage accident on Byron Road in the Town of Stafford. She allegedly failed standardized field sobriety tests. Troopers also allegedly located marijuana in her vehicle. She was transported to SP Batavia for processing and allegedly found to have a BAC of .13 percent. LaPaglia was released on an appearance ticket returnable to Stafford Town Court later this month.

Jason Lawrence McKenzie, 40, of Covell Road, Pavilion, is charged with petit larceny. He was arrested at 7:01 p.m. on Nov. 30 following a complaint at a retail store on Veterans Memorial Drive of shoplifting. He allegedly stole merchandise by passing all points of purchase without paying for the items. He was released on an appearance ticket and is due in Town of Batavia Court on Jan. 7. The case was handled by Genesee County Sheriff's Deputy Kyle Krzemien.

Matthew J. Reed, 34, of State Street, Batavia, was arrested on a bench warrant out of Batavia City Court on Dec. 9. Police responded to an address on State Street for the initial report of a possible domestic incident. While there, he was taken into custody on the bench warrant. He was jailed on $500 cash or bond and was due in city court on Dec. 10. The case was handled by Batavia Police Officer Arick Perkins, assisted by Peter Flanagan.

J'zon A. Richardson, 20, of Central Avenue, Batavia, is charged with criminal contempt. He was arrested on Dec. 10 on a warrant out of Batavia City Court for an unspecified incident which occurred on Nov. 15 on Ellicott Street in Batavia. He was arraigned and jailed in lieu of $500 cash or $1,000 bond and is to return to city court at a later date. The case was handled by Batavia Police Officer Stephen Quider.

Car stops west of Le Roy after high-speed trip down Route 5

By Howard B. Owens

Deputies have a car stopped, with the assistance of Le Roy PD, that was reportedly driving eastbound on Route 5 from Batavia and through Stafford at a high rate of speed and nearly caused multiple head-on collisions.

Patrols were about to deploy spike strips when a Le Roy officer reported the car was stopped west of the Village.

Multiple patrols were responding with lights and sirens.

There's no report, at least that we've heard, of damage or injuries.

Law and Order: Horseshoe Lake Road man accused of strangulation

By Billie Owens

Jesus Francisco Macarlo Ixcolin, 26, of Horseshoe Lake Road, Stafford, is charged with second-degree strangulation. He was arraigned then jailed without bail on Dec. 6 for alleged actions at 6:15 a.m. on Sept. 17 on Horseshoe Lake Road. He is due in Stafford Town Court on Dec. 11. The case was handled by Genesee County Sheriff's Deputy James Diehl, assisted by Deputy James Stack.

Maleak Hakeem Green, 25, of West Main Street Road, Batavia, is charged with aggravated criminal contempt, a Class D felony, and aggravated family offense, a Class E felony. He was arrested on Dec. 6 for an incident which took place at 3:45 p.m. on Nov. 26 on Main Street Road, Batavia. He has been convicted of first-degree criminal contempt in the preceding five years. It is alleged that Green was in the presence of a female who is the protected party in a Genesee County Court Order of Protection that was served on Green. The case was handled by Genesee County Sheriff's Deputy Joseph Loftus.

Benjamin G. Evans IV, 30, of Evans Street, Batavia, is charged with petit larceny and third-degree burglary. On Dec. 7 following an investigation, Evans was arrested for an incident which occurred at 8:45 p.m. on Dec. 4 at Kohl's Department Store on Veterans Memorial Drive. He was arraigned and jailed in lieu of $10,000 bail and is due in Batavia Town Court on Dec. 17. The case was handled by Genesee County Sheriff's Deputy Jenna Ferrando, assisted by Deputy Austin Heberlein.

Judd Allen Farewell Jr., 27, of West Avenue, Medina, is charged with petit larceny. He was arrested on Dec. 6 for allegedly taking property from Kohl's Department Store at 3:07 p.m. that day. He was issued an appearance ticket and is due in Batavia Town Court on Dec. 13. The case was handled by Genesee County Sheriff's Deputy Joshua Brabon, assisted by Sgt. Andrew Hale.

Aaron Michael Draper, 28, of West Academy Street, Albion, is charged with petit larceny. He was arrested following a larceny complaint at Kohl's Department Store. It is alleged that on Dec. 6 at 3:07 p.m. that Draper stole merchandise and walked past the point of sale at Kohl's. He was released on an appearance ticket and is due in Batavia Town Court on Dec. 13. The case was handled by Genesee County Sheriff's Deputy Joshua Brabon, assisted by Sgt. Andrew Hale.

Grand Jury: Man accused of stealing and defacing 13 firearms from The Firing Pin in Bergen

By Billie Owens

Morgan R. Coles is indicted for the crime of third-degree burglary, a Class D felony. It is alleged that on Sept. 26 in the Town of Bergen that Coles knowingly entered or remained unlawfully in The Firing Pin with the intent to commit a crime. In count two, he is accused of criminal possession of a weapon in the first degree, a Class B felony. It is alleged that on Oct. 3 in the City of Batavia that Coles possessed 10 or more firearms. In counts three through 15, Coles is accused of criminal possession of a weapon in the third degree, Class D felonies, for allegedly possessing firearms which had been defaced for the purpose of concealment or prevention of detection of a crime or misrepresenting the identity of the fireaarm. Respectively, these are: a KelTec model PF-9 9mm pistol; a Glock model 19 9 mm pistol; a Glock model 45 9 mm pistol; a Glock model 27 .40 S&W pistol; a Glock model 19c 9mm pistol; a Glock G17 9mm pistol; a Glock model G43 9mm pistol; a second Glock model 27 .40 S&W pistol; a Glock model G21 .45 ACP pistol; a Glock 30S .45 ACP pistol; a Glock model 17 9mm pistol; a Glock model 22 gen 2 .40 S&W pistol; and a Glock model 24 9 mm pistol. In count 16, Coles is indicted for third-degree criminal possession of stolent property, a Class D felony, for allegedly knowingly possessing 13 stolen firearms and the value of the property exceeded $3,000.

Thomas E. Brenkus is indicted for the crime of first-degree sexual abuse, a Class D violent felony. It is alleged that on June 27 in the City of Batavia that he subjected another person to sexual contact by forcible compulsion. In count two, Brenkus is accused of forcible touching, a Class A misdemeanor. It is alleged in count two that on the same day in the city that he intentionally or for no legitimate purpose forcibly touched the sexual or intimate parts of another person for the purpose of degrading or abusing the person for the purpose of gratifying the defendant's sexual desire.

Edwin L. Stancliff is indicted for the crime of criminal possession of a weapon in the third degree, a Class D felony. It is alleged that on June 12 in the Town of Pembroke that Stancliff possessed a dangerous instrument -- a crowbar -- with intent to use it unlawfully against another person. In count two, Stancliff is accused of criminal possession of a weapon in the third degree, a Class D felony. It is alleged in count two, that Stancliff possessed a dangerous instrument -- a crowbar -- with intent to use it unlawfully against a second person. In count three, Stancliff is accused on second-degree menacing, a Class A misdemeanor. It is alleged in counts three and four, respectively, that on June 12 in the Town of Pembroke he intentionally placed or attempted to place two victims in reasonable fear of physical injury or death by displaying the crowbar. In counts five and six, respectively, Stancliff is accused of second-degree harassment for allegedly acting on that day with intent to harass, annoy or alarm the two victims with threat of physical contact. In count seven, the defendant is accused of tampering with a witness in the fourth degree, a Class A misdemeanor. It is alleged in count seven that, knowing a person is about to be called as a witness in a legal action or proceeding, the worngfully induces or attempts to induce, the person to avoid appearing or testifying. It is alleged that on Nov. 6, Stancliff sent a text message to a witness stating that the witness should not show up for the Grand Jury indictment and that if the person did, the person is "riding for the State" and that if the person was family they would not show up. In Special Information filed by the District Attorney, Stancliff is accused of having been convicted of third-degree menacing, a Class B misdemeanor, on Feb. 14, 2017 in Town of Pembroke Court and that conviction forms the basis for counts one and two of the current indictment.

Travis E. Kent, Jason N. Mann and David C. Edwards are indicted for the crime of attempted grand larceny in the third degree, a Class E felony. It is alleged that on July 3 on Broadway Road in the Town of Darien that these defendants attempted to steal property with a combined value in excess of $3,000 -- a Yamaha Wolverine four-wheeler and a Mongoose four-wheeler. In count two, they are accused of criminal possession of stolen property in the third degree, a Class D  felony. It is alleged in count two that the defendants knowingly possessed stolen property valued in excess of $3,000 -- a 2011 Chevrolet Impala. In count three, Kent, Mann and Edwardsare indicted for second-degree criminal mischief, a Class D felony. It is alleged in count three that the defendants intentionally damaged property belonging to another person and the damage exceeded $1,500 -- the 2011 Impala was damaged. In count four, they are accused of unauthorized use of a vehicle in the third degree, a Class A misdemeanor, for allegedly driving the Impala without the owner's consent.

Lisa D. Ayres is indicted for the crime of driving while intoxicated, a Class D felony. It is alleged that on July 21 in the Town of Darien that she drove a 2007 Chevrolet on Route 77 and on McGregor Road while intoxicated. In count two, she is accused of DWI, per se, a Class D felony, for allegedly having a BAC of .08 percent or more at the time. In count three, Ayres is accused of aggravated unlicensed operation in the first degree, a Class E felony, for driving without a valid license -- which had been suspended or revoked -- and for being under the influence of alcohol or a drug at the time. In count four, the defendant is accused of the crime of circumvention of an ignition interlock device. It is alleged in count four that Ayres drove the 2007 Chevrolet which was not equipped with an ignition interlock device, which was required to have. In count five, Ayres is accused of the offense of refusal to submit to a breath test, a violation. It is alleged in count four that Ayres refused the request made by Genesee County Sheriff's Deputy Eric Meyer to submit to a breath test on July 21. In count six, Ayres is accused of the offense of failure to yield the right of way on a left turn. It is alleged in count six, that her failure to yield constituted an immediate hazard. In count seven, Ayres is accused of making an unsafe turn, a violation. In count eight, Ayres is accused of the offense of unsafe passing on the left. In Special Information filed by the District Attorney, Ayres is accused of having been convicted of DWI as a Class E felony on April 24, 2012, in County of Wayne Court. Also, she is accused of having been convicted of DWI, per se, as a misdemeanor on Nov. 18, 2009, in Town of Sodus Court. These convictions form the basis of the crimes alleged in the current indictment and the allegation that she knew her driver's license had been suspended or revoke by authorities due to the convictions.

Danielle R. Dixon is indicted for the crime of aggravated DWI, per se, as a Class E felony. It is alleged that on Aug. 27 on Main Street in the City of Batavia that Dixon rode a Yamaha motorcycle while having a BAC of .18 percent or more. In count two, she is accused of DWI as a Class E felony, in the same incident. In count three, Dixon is accused of operating a vehicle out of class, a violation. It is alleged in count three that the defendant rode the Yamaha without being the holder of a class of license which was valid for the operation of the motorcycle. In count four, she is accused of the offense of speeding at the time.

Joseph F. Chiodo is indicted for the crime of aggravated DWI, as a Class E felony. It is alleged that on June 20 in the Town of Pembroke that Chiodo drove a 2004 Chevrolet on Route 33 while intoxicated and while a child age 15 or less was a passenger. In count two, he is accused of driving while ability impaired by the combined influence of drugs or of alcohol and any drug or drugs, as a misdemeanor. It is alleged that when he drove on June 20 on Route 33 his ability to drive was impaired by the combined influence of drugs or of alcohol and any drug or drugs. In count three, he is accused of endangering the welfare of a child, a Class A misdemeanor, for allegedly knowingly acting at that time in a manner likely to be injurious to the physical, mental or moral welfare of a child less than 17 years old.

Stacy L. Parks is indicted for the crime of aggravated driving while intoxicated, as a Class E felony. It is alleged that on June 27 in the Town of Darien that Parks drove a 2011 Ford on Route 20 while intoxicated and while a child age 15 or less was a passenger. In count two, Parks is accused of DWI, as a misdemeanor, for the same incident. In count three, the defendant is accused of DWI, per se, as a misdemeanor, for allegedly having a BAC of .08 percent or more at the time. In count four, Parks is accused of endangering the welfare of a child, a Class A misdemeanor, for allegedly knowingly acting in a manner that day which was likely to be injurious to the physical, mental or moral welfare of a child less than 17 years old.

Deborah S. Rodriguez is indicted for the crime of aggravated unlicensed operation in the first degree, a Class E felony. It is alleged that on Aug. 1 in the Town of Oakfield that Rodriguez drove a 2005 Nissan on Farnsworth Avenue while her driver's license was suspended and that she did so while impaired by the combined influence of drugs or of alcohol and any drug or drugs. In count two, she is accused of driving while ability impaired by a drug, as a misdemeanor, for driving on Aug. 1 while her ability to do so was impaired by the use of a drug. In count three, the defendant is accused of driving while ability impaired by the combined influence of drugs or of alcohol and any drug or drugs. It is alleged in count three that Rodriguez drove on Farnsworth Avenue that day while her ability to do so was impaired by the combined influence of drugs or of alcohol and drug or drugs. In Special Information filed by the District Attorney, Rodriguez is accused of having been convicted of DWI, per se, on July 5 in City of Batavia Court and her license was suspended. That suspension was still in effect on Aug. 1 pending prosecution of the crimes alleged in the current indictment.

Jay M. Blatchley is indicted for the crime of driving while ability impaired by the combined influence of drugs or alcohol and any drug or drugs, a Class E felony. It is alleged that on July 28 in the Town of Stafford that Blatchley drove a 2016 Toyota on Route 5 while his ability to do so was impaired by the combined influence of drugs. In Special Information filed by the District Attorney, Blatchley is accused of having been convicted of driving while ability impaired by drugs on Nov. 10, 2009, in the Town of Pembroke and that conviction was within 10 years of the crime alleged in the current indictment.

Michael J. Reeves is indicted for the crime of driving while intoxicated, as a misdemeanor. It is alleged that on Aug. 4 in the Town of Pembroke that he drove a 2009 Lincoln on Route 77 while intoxicated. in count two, he is indicted for DWI, per se, as a misdemeanor, for allegedly having a BAC of .08 percent or more at the time. In count three, Reeves is accused of first-degree aggravated unlicensed operation, a Class E felony, for having no valid driver's license, because it was suspended or revoked, at the time and while under the influence of alcohol or a drug. In Special Information filed by the District Attorney, the defendant is accused of having been convicted of driving while ability impaired by the consumption of alcohol, an infraction, on Jan. 15, 2008, of Town of Sullivan Court. That conviction forms the basis of the driver's license revocation referred to in count three of the current indictment.

Andrew M. Cerrillo is indicted for the crime of drivng while intoxicated, as a Class E felony. It is alleged that on Aug. 14 in the Town of Stafford that Cerrillo drove a 2003 Toyota on Route 5 while intoxicated. In Special Information filed by the District Attorney, Cerrillo is accused of having been convicted of DWI, as a misdemeanor, on April 17, 2014, in the Town of Grand Island Court, and that conviction was within 10 years of the crime alleged in the current indictment.

Law and Order: Bank Street landlord accused of tossing out tenant's clothes and furniture, causing 'substantial inconvenience'

By Billie Owens

Douglas Goodwin Sr., 67, of Bank Street, Batavia, is charged with third-degree criminal tampering. Goodwin was located at his residence and arrested for allegedly throwing clothing and furniture that belonged to his Bank Street tenant outside at 11:20 a.m. on Oct. 28. This is said to have created a substantial inconvenience for his tenant to clean up and repair his property. Goodwin is due in Batavia City Court this afternoon (Dec. 4). The case was handled by Batavia Police Officer Marc Lawrence.

A 17-year-old male who lives on Walnut Street in Batavia is charged with: endangering the welfare of a child; second-degree harassment; two counts of fourth-degree criminal mischief; and first-degree coercion. The teen was arrested following an investigation into a domestic dispute that occurred at 8 p.m. on Nov. 30 on Lewis Place in Batavia. He was arraigned in Batavia City Court and jailed without bail and was due back in City Court on Dec. 3. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Peter Flanagan.

Kevin J. Fickel, 37, of State Street, Batavia, is charged with petit larceny following an incident at JCPenney at 3:14 p.m. on Nov. 20. It is alleged that Fickel took two sets of cookware and exited the store without paying for the items. He is due in Batavia City Court this afternoon (Dec. 4). The case was handled by Batavia Police Officer Chad Richards.

Dalton C. Kelley, 21, of Chase Park, Batavia, is charged with second-degree harassment. Kelley was arrested at 3 p.m on Nov. 27 following an investigation into a report that he grabbed another individual and scratched them. He was released on an appearance ticket and is due in Batavia City Court on Dec. 11. The case was handled by Batavia Police Officer Jason Ivison, assisted by Officer Christopher Camp.

Leonard T. Masters, 49, of Split Rail Road, Painted Post, is charged with: DWI; aggravated DWI; failure to keep right; improper left turn; and failure to obey traffic control device. Masters was arrested at 12:52 a.m. on Nov. 23 on Ellicott Street in Batavia following a traffic stop. He was released on appearance tickets and is due in Batavia City Court on Dec. 12. The case was handled by Batavia Police Officer Felicia DeGroot, assisted by Officer Matthew Lutey.

Andrew D. Vicary, 27, of East Main Road, Stafford, is charged with DWI, unsafe backing, and following too closely. He was arrested at 4:04 p.m. on Nov. 1 following an investigation into a three-car accident that occurred at the intersection of East Main Street and Swan Street in Batavia. He was arraigned and released on his own recognizance. He was due in Batavia City Court on Nov. 2. The case was handled by Batavia Police Officer Kyle Krtanik, assisted by Officer Catherine Mucha.

Alyssa M. Harnish, 30, of Ellsworth Avenue, Batavia, is charged with petit larceny. She was arrested at 12:30 p.m. on Nov. 28 following a shoplifting complaint at Tops Friendly Market in Batavia. She was released on an appearance ticket and is due in Batavia City Court this afternoon (Dec. 4). The case was handled by Batavia Police Officer Jason Ivison.

Jessica L. Holtz, 35, of Williams Street, Batavia, was arrested on Nov. 28 on a bench warrant for alleged failure to appear in Batavia City Court. She was arraigned and put in jail and is due in back in court at a later date. The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Felicia DeGroot.

Aretha Jackson, 41, of Main Street, Oakfield, was arrested on Nov. 20 on an active bench warrant issued out of Batavia City Court. It is alleged that Jackson failed to appear for a court date scheduled on Sept. 5. She was arraigned in City Court and jailed in lieu of $250 cash or bond. She was due back in court on Nov. 21. The case was handled by Batavia Police Officer Chad Richards, assisted by Officer Jamie Givens.

Jessica L. Connolly, 40, of Bank Street, Batavia, was arrested on Nov. 28 on a bench warrant after allegedly failing to appear in Batavia City Cpourt for a traffic misdemeanor and other traffic violations. She was released on her own recognizance and was due back in court on Nov. 28. The case was handled by Batavia Police Officer Jamie Givens, assisted by Officer Marc Lawrence.

Brandon D. Brewer, 29, of Maple Avenue, Medina, is charged with unlawful possession of marijuana. Brewer was arrested at 2:54 a.m. on Nov. 18 on East Main Street in Batavia while patrols were investigating an accident. He is due in Batavia City Court on Dec. 5 to answer the charge. The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Nicole McGinnis.

Pavilion man accused of dealing fentanyl, allegedly in possession of heroin at time of arrest

By Howard B. Owens
jackbensonmug2018.jpg
      Jack Benson

A 60-year-old Pavilion man has been arrested and accused of illegally selling fentanyl in Genesee County.

Jack E. Benson, of St. Mary's Street, Pavilion, is charged with three counts of criminal sale of a controlled substance, 3rd, and criminal possession of a controlled substance, 3rd.

Benson was taken into custody on an arrest warrant stemming from a sealed grand jury indictment following a traffic stop this afternoon in Stafford.

He is accused of selling fentanyl to an agent of the Local Drug Task Force on three different occasions. 

At the time of the stop, he was allegedly in possession of 24 doses of heroin and $1,300 in cash. 

Jolynn M. Gorski, 38, of Batavia, was reportedly a passenger in Benson's vehicle at the time of the stop. She was allegedly found in possession of drug paraphernalia and charged with criminal use of drug paraphernalia.

Benson was arraigned in County Court by Judge Charles Zambito and ordered held in the Genesee County Jail without bail. 

Additional charges are pending.

The arrest was the result of an investigation by the Local Drug Task Force. The task force was assisted by Batavia PD and the District Attorney's Office.

Person pinned in vehicle after accident on Clinton Street Road, Stafford

By Howard B. Owens

A one-car accident is reported in the area of 5544 Clinton Street Road, just east of the CSX overpass, in Stafford, with a possible back injury.

The car was in a ditch and the driver was unable to open the doors but a chief who just arrived on scene said the patient has been extricated.

Stafford Fire dispatched along with Mercy EMS.

National Grid requested to the scene for a damaged utility pole 

UPDATE 8:39 a.m.: Stafford back in service.

The DiSalvos' Christmas lights are back this year after 2017 hiatus

By Billie Owens

File photo of Jim and Connie DiSalvos' property on Fargo Road, Stafford.

In a little more than 48 hours from now, the familiar and fantastic display of Christmas lights at the DiSalvos' property at 9180 Fargo Road in Stafford will blaze on after a year's hiatus.

In 2017, Jim and Connie took a break from the more than 20-year-old family tradition to take their grandkids to Disney World on a well-deserved holiday vacation.

And they vowed then they'd be back in 2018 bigger and better than ever. But thinking about it in the interim, they decided to change things up a bit, and concentrate more characters front and center at Swallowvale.

For the past few weeks, a team of helpers has removed the larger lighted characters altogether from the distant sides of their half mile of frontage road. These will be condensed -- three times the characters in half the space -- closer to the grand main house, built in 1842 with fieldstones and expanded in the 1950s.

"It's easier for us to maintain," Connie said. "We can just walk out front and not have to traipse up and down" on their 140+ acres.

Gone will be the 80-foot-long bleachers in a flat area that served as anchors for the scenic Alps and Village display and also all of the high-maintenance inflatables, which must be regularly "shaken" to keep snow from piling up on them.

Connie said they have given away the larger wooden structures, like the Alps and Village, which were labor-intensive, and found new home for them with neighbors. These also include the fireplace display and the gingerbread boy and girl. One of the display's new homes is on Shepard Road in Stafford.

The traditional of having Santa visit on Kids' Night (which was the second Tuesday night in December) has been passed, the DiSalvos said, to The Original Red Osier Landmark Restaurant, also in Stafford. The restaurant boasts its own stellar two-million-and-counting lights display during the holidays and a number of community give-back initiatives. Santa Claus will visit the Red Osier from 5 to 8 p.m. on two consecutive Mondays, Dec. 3 and 10. (Hot cocoa, Christmas cookies, roast beef sandwiches and more will be available to purchase from the outdoors food cart, and there will be horse and carriage rides.)

As ever at the DiSalvos, there will be the mind-boggling array of lights, with Christmas music piping out of speakers until 9 p.m. each evening, starting at 5-ish on Thanksgiving afternoon through sometime Jan. 2 of the new year.

Then everything is disassembled and the lights tested and boxed and put away for next year.

When it all starts over again, a team of five people will work 40 hours a week from mid-September until the big switch on Thanksgiving Day to make the magic happen.

"It's such a joy -- seeing people enjoy the displays, busloads of scouts, the elderly, children from the School for the Blind, the disabled," Connie said. "We've had many proposals take place here, and a couple of weddings."

One memorable proposal came when a serviceman dropped to bended knee by the wooden arch near the snowy driveway, and simultaneously plugged in an extension cord, which lit a sign that said "Abby will you marry me?" The bride said yes.

Another serviceman and his fiancee, who both visited Swallowvale as children at Christmastime, returned one year and asked permission to get married there.

A wedding was to take place by the stonewall in front when the weather became too inclement and the bride's dress was in danger of becoming muddy, so the DiSalvos invited the nuptial party inside. A roaring fire in the living room took off the chill and bottles of wine were brought up from the wine cellar so all could toast the bride and groom.

The sheer electrical spectacle that has made the DiSalvos' a regional must-see requires 30 boxes of extension cords -- about 500 them -- to plug everything together. Power is provided from five metered areas -- electrical services (each akin to the usage of one household) with about two miles of underground cables; with the efficiency of LED lights, two to three metered services will be used for less money.

Can't be cheap to operate. But as per usual, Jim DiSalvo won't say how much it costs, just looks at you directly and says something about a couple of mice running on a wheel to generate the juice.

Local businessmen are giving back to the community during 'Lovember'

By Billie Owens

Press release:

For the third year in a row, Steven Foster and Timothy Adams, owners of The Red Osier Landmark Restaurant and Adams’ Welding and Fabrication, both located in Stafford, use their businesses as tools to give back to their community in a monthlong event they have named “Lovember.”

All this month, the restaurant has been offering promotions while giving back to the local community. These include “Christmas in November,” “Winter Wonderland of Lights,” “Spirits and Skivvies,” “Thanksgiving Give Back” and “Food for Le Roy Food Pantry.”

Christmas in November

This is a promotion where if you purchase a $50 gift certificate, you receive a complementary $20 gift voucher for January, February and March. Some restrictions do apply. The restaurant has run this promotion for well over 20 years.  

Winter Wonderland of Lights

The “Original” Red Osier Landmark Restaurant is rapidly becoming the largest holiday light display in Genesee County. With well over 2 million lights on display, its official yearly unveiling will be on Friday, Nov.23rd. Passionate about sharing the joys of the holidays with others, the owners encourage families, friends, and community members to come out and stroll through their property. On Monday Dec. 3rd and Monday Dec. 10th, Santa will be stopping from 5 to 8 p.m. This is free event allows families to take their own pictures with Santa, while having horse and carriage rides while taking in the holiday surroundings. The Red Osier Landmark Restaurant’s Lunch Trailer will be on hand for the purchasing of roast beef sandwiches, chili, salt potatoes, hot cocoa, and homemade Christmas cookies. Save the dates!

Thanksgiving Give Back

The Restaurant will once again be open on Thanksgiving starting at noon. A portion of the sales proceeds will be donated to Genesee Cancer Assistance, and the founding of two scholarships in the name of the restaurant and its brother company Adams’ Welding and Fabrication. These scholarships will be given to two high school students attending Genesee Valley BOCES in the Metal Trades Program and Culinary Arts Program. Each student must have a good standing GPA, have a part time job, and have a record of local community involvement. It is our hopes that these scholarships will be the largest offered in these trade programs history and allow these two students to pursue higher education within these fields.

Grand Jury: Man indicted for September carjacking at Batavia Kwik-Fill

By Billie Owens

Constantine D. Murrell is indicted for the crime of second-degree robbery, a Class C violent felony. It is alleged that on Sept. 25 at the Kwik-Fill gas station/convenience store at the intersection of Ellicott and Jackson streets in the City of Batavia that Murrell forcibly stole a 2008 automobile. In count two, he is accused of second-degree assault, a Class D violent felony. It is alleged in count two that during the commission or attempted commission of the aforementioned felony that he cause physical injury to a person. in count three, he is accused of reckless driving, a misdemeanor, for driving the 2008 vehicle in a manner that interfered with the free and proper use of the roadways and/or unreasonably endangered users of those roadways. In count four, Murrell is accused of unlawful lfeeing a police officer in a motor vehicle in the third degree, a Class A misdemeanor. It is alleged in count four that he attempted to flee an officer, knowing that he had been directed to stop, and that his speeds equaled or exceeded 25 miles per hour above the speed limit or he engaged in reckless driving.

Dylan J. Perry is indicted for the crime of third-degree burglary, a Class D felony. It is alleged that between Dec. 1 and Dec. 2 he knowingly entered and remained unlawfully in a building located on Broadway Road in the Town of Darien with intent to commit a crime. In count two, Perry is accused of petit larceny, a Class A misdemeanor. It is alleged in count two that Perry stole $300 in U.S. currency and a pair of work boots while inside the property on Broadway Road.

Antonio J. Goodson is indicted for the crime of criminal contempt in the first degree, a Class E felony. It is alleged that on Aug. 22 in the City of Batavia that he violated a duly served order of protection by being in the presence of the protected party. In Special Information filed by the District Attorney, Goodson is accused of having been convicted of criminal contempt in the second degree, a Class A misdemeanor, on Jan. 19 in City of Rochester Court. That conviction was for a violation of a stay away family offense order of protection and was within five years of the crime alleged in the current indictment.

Thomas J. Claffey is indicted for the crime of driving while ability impaired by drugs, as a Class E felony. It is alleged that on June 18 in the Town of Stafford that he drove a 2016 Chevrolet on Route 33 while his ability to do so was impaired by use of a drug. In Special Information filed by the District Attorney's Office, Claffey is accused of having been convicted for DWI, as a misdemeanor, on July 28, 2008, in Town of Irondequoit, and that conviction was within 10 years of the crime alleged in the current indictment.

Grand Jury: Four cases of driving while intoxicated or under influence of drugs

By Billie Owens

Paul M. Gelardo is indicted for the crime of driving while ability impaired by drugs, a Class E felony. It is alleged that on July 13 in the Town of Oakfield that Gelardo drove a 2002 Chevrolet on South Pearl Street while his ability to do so was impaired by drugs. In count two, he is accused of aggravated unilicensed operation of the motor vehicle in the first degree, another Class E felony. It is alleged in count two that Gelardo knew, or had reason to know, that his driver's license was suspended, revoked or otherwise withdrawn by authorities at the time he drove on South Pearl Street, and he did so while under the influence of alcohol or a drug. In count three, he is accused of the same crime as in count two, plus it alleges he had in effect three or more suspensions imposed on at least three separate dates for failure to answer, appear or pay a fine. In Special Information filed by the Genesee County District Attorney, Gelardo is accused of having been convicted of driving while impaired by drugs, as a misdemeanor, on March 14, 2016 in Town of Brighton Court. That conviction was within 10 years of the commission of crimes alleged in the current indictment, and he knew, or should have known, about that conviction and that his driver's license was still suspended.

Shawn J. Scheg is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on July 25 in the Town of Stafford that Scheg drove a 2007 Acura on Route 33 while intoxicated. In count two, he is accused of aggravated unlicensed operation in the first degree, also a Class E felony, for driving that day while his license was suspended, revoked or otherwise withdrawn by authorities. In count three, he is accused of circumventing an ignition interlock device, a Class A misdemeanor, which he was court ordered to have on his vehicle and which the Acura did not have. In Special Information filed by the Genesee County District Attorney, Scheg is accused of having been convicted of DWI, as a misdemeanor, on Oct. 9, 2012 in Genesee County Court, and that conviction forms for basis for the suspension or revocation referred to in count two of the current indictment.

Carl W. Altman is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on June 26 Altman drove a 1998 Ford in the Darien Lake Concert Amphitheater parking lot in the Town of Darien while he was intoxicated. In Special Information filed by the Genesee County District Attorney, Altman is accused of having been convicted of DWI as a misdemeanor on Aug. 24, 2015 in Town of Gates Court and that conviction was within 10 years of the crime alleged in the current indictment.

David J. Henry is indicted for the crime of driving while intoxicated, per se, as a misdemeanor. It is alleged that on March 3 in the Town of Stafford that Henry drove on 2017 Volkswagon on Route 90 while having a BAC or .08 or more. In count two, he is accused of DWI, a msidemeanor. In count three, he is accused of aggravated unlicensed operation of a motor vehicle, a Class E felony. It is alleged in count three that Henry drove while under the influence of alcohol or a drug while his license was suspended or revoked and while he had three or more suspensions imposed or at least three separate dates for failure to answer, appear or pay a fine.

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