Stafford

A two-car accident with air-bag deployment is reported in front of the Red Osier restaurant in Stafford. A female is complaining of wrist and facial pain. Stafford Fire Department and Mercy EMS are responding. The restaurant is located at 6492 E. Main St. Road.

A two-car accident with a minor injury is reported at Bethany Center and Ellicott Streets roads. Stafford fire and Mercy EMS are responding. A person is complaining of neck pain.

UPDATE 7:01 p.m.: Stafford is back in service.

UPDATE 7:09 p.m.: A 31-year-old female is being taken to UMMC with complaints of back, shoulder and neck pain.

A car struck a deer at 6372 Main Road in Stafford. A 26-year-old female sustained a head injury. Stafford Fire Department and Mercy medics are responding.

UPDATE 7:20 p.m.: An officer on scene says the deer's head smashed through the van's window and pushed the female driver into the rear of the vehicle, injuring her head.

UPDATE 7:43 p.m.: The woman is being taken to UMMC. She was a passenger in the back seat and the deer smashed through the side window. She is complaining of hip and back pain. Stafford firefighters are back in service.

A car-pedestrian accident is reported in the parking lot of the Stafford Trading Post on Main Road. Stafford fire and Mercy medics are responding. A pedestrian is said to have an injured leg but is alert.

It's Election Night, that means, at least in Stafford, pancakes for dinner.

The Le Roy-Stafford Kiwanis Club is hosting its annual pancake dinner at the Stafford Fire Hall.

In the bottom picture are some of the volunteers (starting with the bottom left): Cassie Winspear, Tiffani Bragg, Charlene Schoenenberger, Mackenzie Lowe, Cassie Sprauge, Jenna DeFisher, Kytlyn Williams, Kimberly Clark, Jim Taillie, Laurie Taillie, Dave Goodwin, John Gremer, Betsy Gremer.

Retired nurse Valerie Hill says she hasn't had a place to live for seven-and-half years, and she blames a local contractor for leaving her with a new house that can't pass final inspection.

The contractor, Bryan Wormley, said Hill would have gotten a certificate of occupancy in 2005 if she had let him complete the work.

The home, at 5520 Horseshoe Lake Road, Stafford, was supposed to cost $200,000. What is has wound up costing both sides is a lot of grief, heartache, worry and attorneys' fees.

Neither Wormley nor Hill ever signed a contract, a mistake they say they both now regret.

"That part is definitely my fault," Wormley said. "I was trying to help her out."

Wormley and Hill had known each other for some time before an afternoon in 2005 when they crossed paths shortly after Hill returned from Punta Gorda, Fla., where Hill has a winter residence. Hurricane Charlie had just devastated her community there and two of her friends died in the natural disaster.

Hill was relaxing beside a pond on her daughter's property in Stafford that day. She said Wormley drove up in a golf cart.

“He came over to me and put his arm around me and said, ‘Oh Valarie, I hear you’ve been through a terrible time, and that you’re going to build a house,' " Hill said. "He told me he had been building houses for 18 years. He made these wonderful promises to me. At that point of my life I had been through a lot down in Florida. He promised me it would be wonderful."

Hill already had blueprints and another contractor had said he could build the home for $239,000.

According to court documents, Wormley promised Hill he could build the home for $200,000.

At trial, Wormley reportedly admitted that while he reviewed the blueprints, he never prepared a formal cost estimate.

There is also disagreement over whether the agreed upon price of $200,000 was supposed to cover any changes or modifications to the plan.

There were apparently numerous changes -- and some dispute over whether these were actual variances to the the verbal agreement between the two parties -- and none of the changes were documented with signed work orders.

Following the bench trial, which ended in February, Judge Robert C. Noonan awarded Hill $45,000, plus interest, resulting in a money judgment against Wormley for $71,967.

Noonan's ruling found in Hill's favor on one cause of action -- breach of contract by Wormley.

Hill said she's spent $130,000 on attorney fees, Wormley puts his legal bill at about $80,000.

Citing case law, Noonan arrived at the $45,000 figure based on the estimates received by the court. The low estimate is $17,680 submitted by Ed Leising. The $45,000 estimate was submitted by Ronald Cudney.

Hill submitted an estimate "to bring the property up to Hill's expectations" of $54,090.

Wormley said he doesn't have much respect for Cudney, considers the estimate way out of line and said the house could be completed for $15,000.

According to Noonan's written decision, Hill paid $182,000 during construction of the house. Wormley claimed a total of $244,130 should be paid. Based on evidence, Noonan reduced that price to $231,850.

Hill also paid $36,500 directly to various vendors.

That meant Hill was entitled to total credits of $218,500.

"However, other than sporadic invoices, there is no document, job cost report, or other accounting document which sets forth the amounts Wormley expended," Noonan wrote. "Wormley acknowledges that there is nothing in writing which memorializes Hill's agreement to pay any of the alleged extra or additional charges."

The court found in favor of Wormley on $16,950 in charges. Given the finding in favor of Hill for $218,500 in credits, Wormley was due only $216,950, so Hill owed him nothing further, Noonan ruled.

Hill said she's heard through friends that Wormley has said he won't pay the judgment against him. Wormley flatly denies it.

He said he may be able to only pay $500 a month, but he intends to pay the judgment.

First however, Wormley said, he plans to appeal the judgment.

He thinks Hill lied on the witness stand on several points and that if he can prove it, he will win on appeal.

He also believes he has a case against Hill for defamation. He said anything she has told the news media about the case is a lie, that he believes she's under a gag order from the court, and he takes particular issue with a sign she's put on the front porch of the Horse Shoe Lake Road house that accuses Wormley of leaving the house behind with 109 code violations.

Wormley said the sign simply isn't accurate. He said there may be four or five items that need to be fixed to bring the structure up to code, but everything else on the list of trouble areas completed by Leising is either fixed or finished. They are nothing, he said, that would prevent Stafford's building inspectors from issuing a certificate of occupancy.

On the morning a pair of reporters showed up at Hill's place, Wormley (who has a temporary business location on Horseshoe Lake Road) drove by, stopped, took a cell phone picture and yelled, "I'm going to sue you for slander, Valarie."

When the reporters looked down, Hill asked if they had seen Wormley flip her off.

She claims Wormley has given her the finger before, and to her grandchildren.

Wormley characterized Hill as a habitual liar who has been going around town bad-mouthing him.

"This has gone on for several years," Wormley said. "Before this, I've never been to court once. I've never had a customer I couldn't satisfy. Valarie is a bold-faced liar."

Hill said she started feeling like a dissatisfied customer as soon as the basement was dug. She said Wormley's crews dug it too deep. That forced unwanted modifications to the house plans and caused flooding problems in the basement, she said.

"If I knew then what I know now, there should have been a stop work order right then," Hill said.

Then there were the changes in the plans, from the type of roof vents, the width of the stairwell going downstairs, the size of the Florida room and sliding glass doors to a dispute over whether the agreement even included a finished basement.

Hill also complained about crossed wiring, a garage door that doesn't open and numerous unfinished tasks around the house.

One of the things HIll said she insisted on -- and it's part of the blueprints -- is a roof vent along the length of the roof line. Instead, Wormely installed pocket vents.

"One of the things my husband told me before he died (that was 17 years ago) is that if he ever build another house, he would get a ridge vent," Hill said.

If there is one thing he knows well, Wormley said, it is roofing and he said in WNY conditions, a ridge vent is a bad idea. It doesn't circulate air well enough and is more prone to getting clogged with dust.

It would also be an easy fix, Wormley said, only a few hundred dollars to convert the roof to ridge venting now. He said he would have done it if Hill had allowed him to complete the project.

As for the width of the stairs, he said he was trying to compensate for a poorly drawn plan. The stairs are right at the front door and there wasn't enough space in the original plans for a person to walk into the living room. He said he considered it a safety issue.

As for the other items, he said they would have been finished if Hill hadn't locked him out of the house in October 2005, but he also said he had stopped sending work crews over out of concern that Hill had said she was running out of money.

This was right after Hill contracted with a local business to install a $35,000 kitchen.

Wormley was going to install a $15,000 kitchen using a local contractor who doesn't have a showroom.

Hill said she didn't want to buy a kitchen out of a barn.

Wormley said before Hill filed suit, he offered her $245,000 for the house and the property, and she turned him down. He said his attorney in Denver has documentation of the offer, and The Batavian requested the documentation. Wormley said his attorney can be slow to return calls now that the case is over. The Batavian has yet to receive the documentation.

Noonan found that Hill started denying Wormley and his crew access to the house because of her concerns over substandard work and unauthorized changes to the plans.

The too-deep basement meant, according to Hill, that she doesn't have as high of a stone face around the base of the house, that her basement windows that are supposed to be above grade, are below grade (and the back windows are too big), and that instead of having five stairs at the front of the house, she has only three.

Each summer, Hill said she's been trying to finish the house herself, dealing with the alleged code violations one at a time so she might be able to live in the house.

The house was supposed to make it easy for her to see her daughter and spend time with her grandchildren -- both teenagers now -- and those years have all been taken from her, she said.

After years of trying to get help, a local contractor finally did come to her place to help repair something and when he stepped on a back stairwell, she said, the stairwell collapsed and he was injured.

"The only person who has come to help me got hurt," Hill said tearfully. "That man fell through the steps and got hurt. I’m tired and I’m angry. I’m doing all of this work myself. I’m trying to get it pass code. I’ve lost 63 pounds since May trying to do this myself. I can’t do it all by myself."

That incident is why she put the sign in front of the house, she said, naming Wormley and accusing him of leaving the house with 109 code violations.

Both Wormley and Hill claim to be in financial straits. 

For Wormley, his big setback came when the owners of the former Victorian Manor, Sunwest, went bankrupt. Contractors, including Wormley, lost $1.5 million on the remodeling project there.

Since then, Wormley has had at least one of his own properties go into foreclosure, piled up a couple of money judgments from vendors and is being forced to sell his office property on Clinton Street Road.

Hill said she's now out of money. She sold her 3,000-square-foot home in Stafford in 2005, anticipating moving into the new house just yards from her daughter's home (her daughter actually owns the lot Hill's house is on). Every dime she got from that sale, she said, has gone into construction of the new home or fighting Wormley in court.

All of Hill's belongings were moved into the house on Horseshoe Lake Road in November 2005 after her previous residence sold, but Hill said she hasn't been able to live there since there is no certificate of occupancy.

"I've been living with my daughter, her friends, other relatives, back and forth to Florida," Hill said. Breaking down, she added, "I've slept in a barn. When I wake up in the morning, I have to look around to see where I am. For seven and half years. Friends and family. I get tired. I feel like I’m in everybody’s way now. I have no home of my own."

Wormley said this is just another of Hill's lies. He said when Hill sought reimbursement for her expenses, she provided his attorney with water and cable TV bills. The bills showed a spike in water use in the summer, and the cable was only turned on in the summer.

Hill has been living at the house, Wormley said, every summer since 2005.

"If you talk to any of the neighbors," he said, "they'll tell you they see her car in and out of the garage a thousand times a day."

If you want to go east or west on Griswold Road between Caswell and Route 237 in Stafford, you're going to have to wait a year.

An aging bridge has just become too unstable to handle heavy traffic and the county won't be able to replace it until next June.

"At least the detour around it is not that long," said County Highway Superintendent Tim Hens. "It's not a huge inconvenience. All bridge closures are an inconvenience, but this is not as bad as some are."

The steel multigirder bridge was built in 1941 and widened in 1976. The girders have rusted through to the point that they can't even support two tons.

A few years ago, the bridge was rated for seven tons, then downgraded to four, then two, now 1.8.

"That's about the size of a small SUV," Hens said.

The county looked at reducing the bridge, which crosses over Black Creek, to one lane, but that would require installing Jersey barriers, which are heavy themselves.

"We probably would have overloaded it just to reduce it to one lane, so that wasn't viable either," Hens said.

About five years ago, the county applied for a federal grant to replace the bridge and the process has been moving forward since, but the bridge has become unusable a year earlier than anticipated.

The new bridge is in the design phase now.

Construction should be completed by this time next year, Hens said.

He also said the Griswold bridge is just the tip of the iceberg.

About half of the county's bridges are in nearly as critical condition. Some of those bridges, if closed, will mean seven- and eight-mile detours for residents, farmers and emergency responders.

"We don't have any local money to replace them and it looks like the federal pot is going to get smaller and smaller," Hens said. "The county is going to have some tough decisions, either closing bridges or funding them locally."

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There are no known plans to open a hydrofracked gas well within the town limits of Stafford, but Jim Southall thought it a good idea to purchase an "insurance policy" so to speak.

At his suggest, the town board has passed a one-year moratorium on hydrofracking within Stafford.

A committee has been appointed to study the issue, according to Supervisor Robert Clement and that report will help the town determine what, if anything, it might do next related to hydrofracking.

The moritorium is part of a statewide trend over the summer of local officials throughout New York rising up against hydrofracking, even though the state already has a four-year moratorium against new wells in place now.

Fracking involves injecting water, saline and other chemicals into shale to break loose natural gas deposits that can then be extracted from the ground.

It's controversial because opponents believe the chemicals used can be carcinogenic and toxic.

Southall said he's read of cows in West Virginia being born with deformities and a whole town in Wyoming had to be closed because of hydrofracking pollutants ruining the groundwater.

As a representative of the Genesee County Fish and Game Association, owners and operators of Godfrey's Pond in Stafford, Southall thought it important to get out in front of the issue, before hydrofracking came to the area.

"With the kind of chemicals they're using, once the water is polluted, it's gone, and being a conservation club, we want to be sure that doesn't happen," Southall said.

At a public hearing on the topic a month or so ago, Clement said, there were no speakers in favor or against the moratorium.

He's not aware of any fracked wells in Stafford or any requests to open up such a well.

"For most people, I think it's a non-issue," Clement said. "I think the state will step in before anybody else does. But it's a conservation issue and I think most of them (Genesee County Fish and Game) are against it."

In Stafford this morning working on a story (a story that won't be ready for publication for another day or two or three) and with a little time, thought Prentice Road would be a good place to go for some fall photos. There was a particular shot I wanted to get. It didn't turn out as well as I would like (I plan to try again as soon as I can), but here are four shots from my little trip this morning.

Today, Marty McDonald invited me out to his place in Stafford for his annual trap shoot and chili feast.

McDonald said the event started a few years ago with just him and about four friends and over the years, more and more people asked to be invited.

Today, there were a few dozen people at his place mostly shooting and enjoying a huge spread of chili, soups, grilled chicken, meatballs, sausage and a variety of desserts.

Not all of the shooters were interested in shotguns and clay birds. McDonald also provided a pistol range.

The only thing I shot was my camera.

More photos after the jump (click on the headline):

Genesee County Emergency Dispatch Center reports that a portion of Griswold Road in Stafford is now closed for road work until further notice. It's the part that spans Black Creek, with an address of 6120 Griswold Road on the west, and 6164 on the east.

James G. Cox II, 27, of 46 Holland Ave., Lancaster, is charged with petit larceny, consumption of alcohol in a motor vehicle and permitting unlicensed operation of a motor vehicle. Cox was identified as a suspect of a heist of a 12-pack of beer from Tops Market at 11:29 p.m., Wednesday. His vehicle was located on School Street and Officer Frank Klimjack initiated a traffic stop.

Jamie A. Showler, 16, of 19 Manhattan Ave, Batavia, is charged with DWI, driving with a BAC of .08 or greater and unlicensed operation. Showler was allegedly driving the vehicle (see Cox, above) seen leaving the scene of an alleged beer theft from Tops Market.

(Name redacted upon request), 22, of River Road, Pavilion, is charged with petit larceny and criminal tampering, 3rd. xxx was located in Target on Wednesday and identified as a suspect in the theft of the beverage Red Bull on Oct. 6. Besides allegedly stealing the Red Bull, Losh is accused of tampering with the security device on a Dyson vacuum.

Rena P. Argento, 53, of Chili, is charged with DWI and driving with a BAC of .08 or greater. Argento was stopped by State Police on Caswell Road, Stafford, at 2:36 a.m., Tuesday.

James Pontillo wants to know who dumped 15 black commercial garbage bags in the Dumpster of his property in Stafford.

Pontillo is restoring the old Odd Fellow's Hall, the former location of the Stafford Trading Post, now known as Pontillo's Place, at the corner of Route 237 and Route 5.

He is offering $100 for the arrest and conviction of whomever dumped the garbage bags.

To report any information, the Sheriff's Office can be reached at 585-343-5000.

UPDATE 6:36 p.m.: Pontillo says the matter has been resolved.

Robert P. Leiser Jr., is indicted on three counts of aggravated criminal contempt in the first degree, two counts of assault in the second degree, reckless endangerment in the second degree and criminal contempt in the first degree. Leiser is accused of causing serious physical injury to a person under protection of a court order on July 24 in the Town of Alabama. He is accused of hitting the person with a flashlight causing serious physical injury. He is also accused of driving in a reckless manner, at a high rate of speed and without obeying traffic devices, with that person on a motorcycle while the protected person was not wearing a helmet. He is also accused of threatening that person with a flashlight.

Bradley J. Broadbent is indicted on three counts of criminal mischief in the fourth degree, criminal trespass, burglary in the second degree and petit larceny. Broadbent is accused of damaging ceilings in three bathrooms and the sink in one bathroom at the Liberty Square office complex at between 3 and 3:30 p.m., July 6. On the same date, at 4:05 p.m., Broadbent is accused of damaging the door frame and door plate of an apartment on Hutchins Street. He is accused of entering that dwelling without permission. On the same date at 8:13 p.m., he is accused of damaging the exterior door of a residence on Tracy Avenue. He is accused of entering that residence with the intent of committing a crime once inside. He is accused of stealing a pair of shorts and a Buffalo Bills blanket from the residence.

Connie L. King is indicted on a misdemeanor charge of DWI, driving with a BAC of .18 or greater and aggravated unlicensed operation. King is accused of driving drunk May 28 on Dodgeson Road, Alexander. She was previously convicted of driving while ability impaired in June 2009 in the Town of Batavia.

The grand jury also returned a "no bill" (meaning, the grand jury found insufficient evidence to sustain the charges) in the case of Leeann Marchese, who was accused of burglary in the second degree. The charge stemmed from an incident in the Town of Stafford on April 3.

A motor-vehicle accident with injury is reported at routes 237 and 33 in Stafford. Mercy medics and Stafford Fire Department are responding.

UPDATE 12:05 p.m.: There are two patients. Mercy Flight is responding to the scene.

UPDATE (by Howard): One person was transported by Mercy Flight to Strong Memorial Hospital in Rochester. Another patient was a sign-off at the scene.

Andrew Zimba Perdock, 25, of 17 Holland Ave., lower, Batavia, is charged with petit larceny. Perdock is accused of shoplifting from Tops. He is also charged with menacing, 2nd, and attempted petit larceny. Perdock was observed allegedly putting merchandise in a backpack while inside Walmart. After Walmart were alerted to the situation, Perdock reportedly removed the items from the backpack. Perdock allegedly displayed a knife with the blade showing while in the presence of Walmart employees.

Brian J. Lambert, 30, of 1 Prune St., Batavia, is charged with petit larceny and trespass. Alert Cedar Street residents spotted a suspicious vehicle pull behind Arctic Refrigeration and observed an individual allegedly stealing scrap metal. Lambert was later located at his residence and the allegedly stolen property was recovered and returned.

Alexis A. Czaja, 30, no permanent address, is charged with petit larceny. Czaja is accused of shoplifting from Tops.

Kristine Szumigala, 38, of 260 Ross St., Batavia, is charged with petit larceny. Szumigala is accused of shoplifting from Dollar General.

Samantha A. Bowles, 22, of 33 Williams St., Batavia, is charged with disorderly conduct and resisting arrest. Batavia PD officers received a report of loud noise coming from a residence on Williams Street. On call back, the person making the complaint reported a physical altercation. Upon arrival, officers made contact with Bowles, who was described as agitated and irate. Bowles reportedly pushed past officers during questioning. Bowles reportedly physically struggled with officers while being taken into custody.

Steven N. Utter, 26, of Route 96, Waterloo, and Cory A. Miles, 34, of County Line Road 13, Shortsville, are charged with criminal possession of a controlled substance, 7th, and criminal possession of a hypodermic instrument. Utter and Miles were arrested following an investigation by Deputy Brad Mazur and Deputy Jason Saile into a suspicious vehicle at Wilson Farms on South Lake Road, Pavilion. Both men were jailed on $2,000 bail.

Joseph C. Wind, 42, of Horseshoe Lake Road, Stafford, is charged with grand larceny, 4th. Wind is accused of stealing $4,000 cash while employed at The Home Depot.

Brandy R. Douglas, 33, of South Main Street, Elba, is charged with petit larceny. Douglas is accused of shoplifting $48 in merchandise from Target.

Patrick D. Moore, 34, of Strouts Road, Elba, is charged with petit larceny. Moore is accused of shoplifting $29.99 in merchandise from Target.

Brett M. Doran, 21, of East Main Street, Le Roy, is charged with obstruction of breathing and harassment, 2nd. Le Roy PD responded to a report of a disturbance where a female was heard screaming to stop choking her. Doran is accused of kicking the female in her face and choking her during an argument. Doran was jailed on $500 bail.

Kyle Andrew Bilby, 22, of North Pearl Street, Oakfield, and Adam Andrew Dixson, 22, of Cary Avenue, Oakfield, are charged with criminal possession of marijuana, 5th. Bilby and Dixson were arrested after Deputy Patrick Reeves stopped to check on a suspicious condition at St. Cecillia Cemetery and allegedly found the defendants smoking, and in possession of, marijuana.

Darrel D. Smith, 56, residence not listed, is charged with criminal possession of a controlled substance, 7th, and DWAI. Smith was stopped by State Police at 3:16 a.m., Saturday, on Route 77, Darien.

Sarah Patricia Nichols, 29, of Pinehollow Drive, Batavia, is charged with falsely reporting an incident, 3rd. Nichols is accused of falsely reporting a larceny from her vehicle while it was parked in the Walmart parking lot. An investigation by Deputy Brad Mazur led Mazur to believe the larceny did not take place.

Patricia M. Anderson, 27, of 6281 Walkers Corners Road, Byron, is charged with petit larceny. Anderson is accused of shoplifting from the Kwik Fill 99 at Jackson and Ellicott streets. Anderson was located at a residence on Central Avenue following a complaint of the theft.

Francis Scott Smith, 18, of Lake Avenue, New York, is charged with petit larceny. Smith was taken into custody in the lobby of city court on a warrant out of Batavia Town Court. Smith was jailed on $250 bail.

Jennifer J. Maggio, 27, of Kingston Road, Leicester, is charged with petit larceny. Maggio is accused of shoplifting $95.32 in merchandise from Kmart by hiding it in her purse.

Raymond Michael Pfalzer, 41, of Brown Road, Corfu, is charged with DWI and driving with a BAC of .08 or greater. Pfalzer was charged in connection with an accident at Wilkinson Road and Brown Road, Batavia, at 8:20 p.m., July 22, in which he was seriously injured.

Angela A. Starling, 30, of Pembroke, is charged with disorderly conduct/fighting/violent behavior and harassment, 2nd. Starling was arrested by State Police following the report of an incident at Godfrey's Pond at 10:11 p.m., Saturday. No further details were released.

Brandon Charles Smart, 35, of Bank Street, Batavia, is charged with trespass. Smart was arrested on a warrant out of Le Roy Town Court charging him with trespass. The charge stems from a June 13 incident at Buttermilk Falls, off North Road, Le Roy, in which Smart fell to an outcrop of rocks at the falls and had to be rescued. 

Smart is also charged with DWI, driving with a BAC of .18 or greater, speed not reasonable and prudent, moving from lane unsafely and unlicensed operation. Smart was reportedly involved in a single-car property damage accident at 1:11 a.m., Saturday, on Knowlesville Road, Alabama.

Nicholas Joseph Pascucciq, 22, of Main Road, Stafford, is charged with criminal possession of a controlled substance, 7th, and possession of a hypodermic instrument. Pascucciq turned himself in on a county court bench warrant on charges of criminal possession of a controlled substance, 4th and 5th. After his arrest, the additional charged were issued stemming from an incident in Le Roy on July 14. Pascucciq was held on the warrant.

Walter B. Hale, 34, of Oakfield, is charged with felony DWI and three counts of felony aggravated DWI. Hale was charged under Leandra's Law for allegedly driving while intoxicated with three children in his car. Hale was stopped on Route 63 by State Police. According to troopers, he failed a field sobriety test and blew a BAC of .09. Hale was jailed on $5,000 bail.

Kimberly Dawn Moore, 45, of South Main Street, Warsaw, is charged with criminal possession of a controlled substance. Moore was stopped at 1:34 p.m., Saturday, on Ellicott Street, Batavia, by Deputy Brian Thompson and Officer Eric Hill. Moore was found to allegedly be in illegal possession of hydrocodone. Also charged with criminal possession of a controlled substance was Jon Hoyt Bush, 29, of Oak Orchard Road, Batavia.

Kyle K. Shultz, 18, of Norton Road, Elba, is charged with DWI, driving with a BAC of .08, failure to keep right, open container, mobile phone use in a motor vehicle. Shultz was stopped at 6:14 a.m., Saturday, at Byron Road and Fotch Road, Stafford, by Deputy Brian Thompson. Shultz allegedly had a BAC of .16.