crime

Tim Wescott has spent 10 of his 12 years with the Genesee County Sheriff's Department on road patrol. It is a job he has trained extensively for and kept up to date on.

Under questioning from District Attorney Lawrence Friedman, Wescott told jurors in the Ronald J. Wendt II trial Wednesday afternoon, that he has taken courses at three different community colleges on how to conduct driver field sobriety tests and use the equipment to do so.

And yet despite the possibility that Wendt, too, may have been injured in the accident, though not obviously so -- perhaps he hit his head or tweaked his neck or back -- the deputy did not ask Wendt how he was or if he was injured.

Under cross-examination from defense Attorney Thomas Burns, Wescott testified that he wasted no time in performing field sobriety tests, which Wendt performed poorly.

Burns asked Wescott if his education included any medical training with regard to head trauma and concussions. He asked if he had learned about the possible effects of back or head injuries on tests for balance, coordination and mental functioning. No, Wescott said.

Burns asked if he was taught to ask about possible injuries before conducting sobriety tests.

"I don't know if I'm required to ask him," Wescott said. "I didn't."

Wescott testified that he was the first law enforcement officer to arrive at the accident scene on Aug. 14, 2009, in front of My Saloon on Broadway Road in Darien. That was at 11:13 p.m. -- four minutes after the first 9-1-1 call was received by dispatch (11:08 p.m.) and relayed to the officer at 11:09 p.m.

He estimated he conducted the intox tests on Wendt about 10 minutes after arrival and arrested him for DWI at 11:37.

The first thing Wescott noticed when he arrived at the crash was three damaged vehicles, Wendt's maroon pickup, Rachel Enderle's Toyota Camry, and a black truck that was parked in the lot. The Camry and Wendt's truck had both spun around as a result the impact of the crash.

Mercy EMS had one subject in an ambulance, a man in the roadway being worked on by medics, and he saw two women involved in the accident walking around. It was choatic, with bar patrons and others milling around, too.

Wescott said he spoke briefly with Rachel, the driver of the Toyota who struck Wendt's truck when he pulled in front of her as he made a left-hand turn into the My Saloon parking lot. He said there was no indication she had been drinking.

He was trying to get information about Wendt's truck, which was missing a front license plate, when Wendt approached him and said "I'm the one you're looking for."

Wendt told the officer he had come from a residence in Attica, was stopping for one (beer) and "thought he had time to turn."

"He had bloodshot, glassy eyes, some slurred speach and the odor of alcohol on his breath," the deputy said, who then asked if he'd been drinking.

Wendt said he had a few beers and then added "You might as well have me blow and take me to jail." The deputy said he'd rather have him do field sobriety tests.

The officer then detailed the standard tests given and what are called "clues" as to the person's inebriation. No single test can conclusively determine if a person is intoxicated, he noted. But Wendt did not pass any test "cluelessly."

Wendt told the officer he'd had four or five beers throughout the day while baling hay with a friend and had drank his last one about 15 minutes before the accident, which killed Rachel's back-seat passenger, 18-year-old Katie Stanley, of Dansville.

"He said he was slowing down, with his turn-signal on, and thought he had time to make the turn but said he guessed he didn't," Wescott said.

At the scene, it was determined that Wendt had no registration for his pickup, no current inspection sticker, his plate had been "voluntarily surrendered," and his only ID was an expired motorcycle driver's license.

After he was arrested and taken to jail, his picture was taken and it was shown to the jury yesterday. He looked slightly sunburned, unshaven, with reddish, tired-looking eyes. After being read his Miranda warnings and being interviewed by Wescott, he signed a voluntary statement about the accident at 1:13 a.m. Wescott said his demeanor, sobriety, or lack thereof, had not changed from his first encounter with him.

In other testimony Wednesday, Sheriff's Investigator Steve Mullen explained to jurors how a video recreating the moments leading up to the accident was made. They were not shown the video, however. One was made in daylight, another at night, earlier this year.

A key point was determining how far one can see cars coming down Route 20 eastbound from the roadway in front of My Saloon. Wendt had been heading westbound. It was estimated that one could see "several hundred yards" up the road, which then dips down at midway at the cemetery before rising, making cars visible again.

The speed limit goes from 55 to 40 east of the cemetery. In making the video, the eastbound driver was instructed to go 55 then take his foot off the gas pedal and start to brake at the 40 mph sign. The driver reached a speed of 45 mph by the time he got to My Saloon. How fast Rachel was driving is one of the points of contention in the case.

The other person who took the stand Wednesday was Rachel's cousin, Tim Enderle. Heavyset, 22, and a resident of North Chili, he testified that he, Rachel, Katie and Gabby Mahus had left a concert at Darien Lake early to avoid rowdy crowds. He was the front-seat passenger. They were on Route 20 heading to Rachel's house in Dansville.

"I noticed headlights up ahead, I try to notice everything, I think that's my responsibility as a passenger," Tim said. "I noticed the headlights shook a little bit -- as though somebody was deciding whether to turn."

He said he thought the truck was going "at a pretty high rate of speed and it sort of veered into the parking lot. He said Rachel was staying in her lane, looking ahead and was in no way distracted.

"I barely had time to put my arm up on the dashboard, I guess it was less than a car length in front of us," Tim said. "I took a deep breath. The crash was instantaneous. I could barely breathe. I smelled smoke, it was horrible."

Tim's window was rolled up and his door was jammed shut afterward. He said he looked at the others in the car and noticed Rachel and Gabby were OK, but Katie was not and blood was coming out of her nose area. When they were able to get him out of the vehicle, he tried to stand but felt an excruciating pain in his leg and fell to the ground.

He saw Katie on a guerney being taken to the ambulance.

"I noticed her arm was dangling down," he said. "I reached up and put it on her stomach."

He was taken to UMMC, then to Strong where underwent surgery on his leg and hip and spent weeks and weeks in rehab. He suffered a dislocated hip, two fractured vertabrae and his "femural head was driven up into his leg." Afterward, he spent months at home in a wheelchair, then a walker. He still has terrible pain, including while he was testifying, he said.

David Timothy Neuhaus, 23, of North Street, Batavia, is charged with petit larceny. Neuhaus is accused of stealing property from another person in Bergen. The time of the alleged incident was 5:20 a.m., Tuesday.

Randy Lawrence Sanfratello, 40, of West Main Street Road, Batavia, is charged with criminal contempt, 2nd. Sanfratello allegedly remained on the property of another person whom he was ordered not to be near.

William J. Christner, 55, of Batavia, is charged with DWI and aggravated DWI. Christner was stopped by State Police at 9:07 p.m., Tuesday, on Route 5 in the Town of Batavia.

An Alabama man whose home was raided early Tuesday morning and had 12 guns seized is suspected of modifying weapons for sale, according to Chief Deputy Jerome Brewster.

"I think he was trying to expand his business a little bit," Brewster said. "He's been rather active in turning legal weapons into allegedly illegal weapons, which is why we sent the guns to the crime lab for further evaluation."

One clearly modified gun was found, according to a Sheriff's Office press release, along with a silencer and a large capacity magazine. The other weapons will be examined and additional charges may be filed.

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) participated in the raid and it's possible that Christopher Jon Bombard, 31, of 7133 Maple St. Road, will also face federal charges, which carry substantially stiffer penalties than state felonies.

Bombard was charged with two counts of criminal possession of a weapon, 2nd, and two counts of criminal possession of a weapon, 3rd.

Brewster said the weapons seized included .22 long rifles and assault-style rifles.

"We do not get the impression that he had been doing this for a very long period of time," Brewster said.

The $300 seized in the raid is believed to be the fruit of an alleged illegal gun sale, Brewster said.

The weapons were being sold locally, Brewster said, and it was that local activity that led to a tip being funneled to the Sheriff's Office through the Local Drug Enforcement Task Force. The task force conducted the investigation and raid, along with the ATF and other local agencies.

The Local Drug Enforcement Task Force handles much more than drug investigations, Brewster noted. It is also charged with vice and organized crime investigation, for example, so "this was right up their alley which is why I authorized them to handle the case."

A dozen weapons, including one that was altered in an allegedly illegal manner, were recovered from an Alabama residence in an early morning raid by local law enforcement.

A silencer and large capacity magazine designed to fit the altered gun were also allegedly found at the residence of Christopher Jon Bombard, 31, of 7133 Maple St. Road.

Bombard was charged with two counts of criminal possession of a weapon, 2nd, and two counts of criminal possession of a weapon, 3rd.

The other weapons are being sent to the Monroe County Public Safety Lab for further examination.

Additional charges may be filed.

The 7:15 a.m. raid was carried out the Local Drug Enforcement Task Force, which also recovered $300 cash.

Bombard was jailed on $100,000 bail.

Also participating in the investigation and raid were the District Attorney's Office, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Genesee County Office of Emergency Management and Mercy EMS.

On a clear night, on a straight road, at a time when none of the four people in her car were talking, cell phones weren't being used and the radio wasn't on, Rachel L. Enderle, with her hands on the wheel and her eyes straight ahead, didn't see Ronald J. Wendt's truck until a second before her Toyota Camry hit it.

Wendt, on trial for manslaughter and reckless driving, is accused of turning left on Route 20 at the location of My Saloon in Darien Center, right in front of 27-year-old Enderle's car.

Enderle's Camry plowed into the side of the Dodge Ram truck, and Enderle apparently neither hit her brakes nor swerved to avoid the accident.

Katie Stanley, 18, died as a result of the accident. She was a passenger in Enderle's car.

Alexander resident Wendt, 25, could serve up to 25 years in prison if convicted by the 12-person jury of aggravated reckless driving.

Enderle testified today that she wasn't distracted in any way prior to the accident, though she was probably going 55 mph in the 40 mph zone. The Dansville resident testified that she didn't see the lower speed limit signs when driving into the hamlet.

The only thing she remembers is seeing the maroon passenger side door of Wendt's truck just before hitting it.

"I didn't know where it came from," Enderle said.

She said she had no time to react.

"In my head and my heart, I do feel like I got my foot on the brake," Enderle said."I don’t know if pushed down on it."

While another witness testified that Wendt had his headlights on, Enderle said she didn't see the headlights of his truck approaching from the east. 

Two of the three witnesses who testified today could not recall with certainty whether Wendt used his turn signal.

Another witness, Amanda McClellan, who was standing on the recessed porch of My Saloon, and couldn't possibly have had a clear view of Wendt's truck as it approached the spot of the accident, said Wendt didn't have his turn signal on.

While Enderle said she had no time to react, another driver, Brian C. Fox, of Portageville, said he was two or three seconds behind Enderle's Toyota, managed to slam on the brakes of his pickup truck and stop five feet short of the collision.

Fox said he saw Wendt's truck -- with headlights on -- down the road before Wendt started his turn, but said Wendt turned quickly right in front of Enderle's car.

Asked by District Attorney Lawrence Friedman his opinion on whether the driver of the Toyota could possibly have had time to react, Fox said,  "There was nothing they could do."

Speed, of course, is an important factor in reaction time. 

Both Fox and Enderle testified that they couldn't say for sure how fast they were going, but there were driving with the flow of traffic.

Evidence indicates that Fox told investigators after the accident that he was going 55 mph. Today, Fox testified that he said he was going 55 because he thought that was the speed limit on that stretch of Broadway Road.

Today, he initially testified that he must have been going between 45 mph and 55 mph.

At a DMV hearing some months ago, Fox testified that he may have been going as fast as 60 mph.

McClellan testified that she thought Enderle was traveling at about the speed limit, or 40 mph. She estimated Wendt's speed to be between 30 and 40 mph as he went into the turn into the parking lot, though she admitted she didn't hear his tires squeal or see his truck fishtail.

Both Enderle and McClellan testified that beer cans and bottles flew from the bed of Wendt's truck at the time of impact. McClellan said there were as many as 20 beer containers on the ground near the accident scene. 

"A man had said let’s get these cans and bottles out of here before the cops get here," Enderle said.

Testimony in the Wendt trial resumes in the morning.

When court adjourned Monday night, there were 12 jurors sworn for the manslaughter trial of Ronald J. Wendt.

Now there are 11.

A juror was excused this morning for medical reasons.

About a dozen people from the original jury pool entered the court room today expecting to go through the interview process for the alternate jury seats, but now one of them will fill the 12th seat.

Then another juror sent a long note to Judge Robert C. Noonan this morning raising a number of concerns that he said came up over night related to his job. The juror also apparently discussed his situation with another juror.

After interviewing the juror who wrote the note, Noonan declined to dismiss him from service, saying that under New York statutes, once a juror is sworn the bar for removing a person from the jury becomes much higher.

Opening arguments in the case once all 12 jurors and alternates are seated.

A young man who by many accounts is a good kid from a good family, but who got caught up in, by his own admission, extensive drug dealing, is going to prison.

Dyllon E. Soccio, 20, of 134 Tracy Ave., received a two-and-a-half year sentence from Judge Robert Noonan this morning. Under terms of what is known as "shock camp." Soccio would be eligible for parole in six months if he stays out of trouble.

On Aug. 3, Soccio pled guilty to a charge of criminal sale of a controlled substance. He had previously pled guilty to criminal possession of marijuana.

Soccio was caught dealing drugs July 17, and was found to have drugs in his Tracy Avenue home following a raid June 23.

In an interview with probation, Soccio revealed more details of his drug dealing, according to Noonan.

If I were to make a list of 10 things not to say in a probation interview, you probably said five of them," Noonan said. "You almost gloat about your drug dealing and say, 'Don't give me probation because I don't want to have that kind of supervision for that long.'"

Soccio's attorney from the Public Defender's Office, William Tedford, argued that contrary to those statements, Soccio did want probation and would be a good candidate for probation, given his strong ties to the community, his complete cooperation with the court and successful participation in drug treatment.

Noonan also said that the letters of support submitted to the court included ones that came from, "people I respect."

"They're saying you are able to turn your life around," Noonan added, "and, you have the unusual recommendation from the Drug Task Force that you need shock camp."

With his parents and other members of his family in the courtroom, Soccio made only a short statement saying he took full responsibility for his actions and that he feels he's made progress in his treatment.

"Given the chance, I'd like to continue what I'm doing," Soccio said.

Soccio was also forced to forfeit more than $2,000 seized during the drug raid.

Previously:

• Police Beat: Drug Task Force raids two homes in county on Wednesday
• Batavia resident accused of dealing cocaine
• Batavia man admits to dealing drugs and now faces prison term

Raymond E. Joseph III, 34, of 8683 Hopkins Road, Batavia, is charged with criminal contempt, 2nd. Joseph allegedly had contact with a protected person at 5:15 p.m., Sept. 15. The incident was reported Monday. Joseph was located and arrested. He was jailed on $1,000 bail.

A person reportedly tried to steal money from the cash register at the Subway on East Main Street by reaching into the drive-thru window.

An employee confronted the suspect and they began to fight.

The suspect then fled in the direction of Masse Place.

The suspect is described as a white male in early 20s wearing a blue shirt.

An employee chased the suspect and lost him in the area of the three houses on Masse Place, unsure if he went into a house or disappeared in the area.

UPDATE: Additional description: 6'0", 200 lbs, short blond hair, mustache, wearing blue jeans and red boxers.

UPDATE: There's some thought the suspect may have entered the construction area and then headed toward Swan Street. Readers on Swan Street (I know we have a few) should be alert.

By 6 p.m. today, the 12 jurors were picked who will decide the guilt or not of Ronald J. Wendt, accused of manslaughter, DWI and reckless driving in an accident that took the life of an 18-year-old Dansville girl.

In the morning, Tuesday, court will convene to select alternate jurors, with opening arguments to begin later in the day.

After the jury was picked, and the jurors and prospective alternates left, Judge Robert Noonan ruled that District Attorney Lawrence Friedman will not be allowed to use a PowerPoint presentation as part of his opening statement.

Noonan said there was no case law he could find allowing PowerPoint to be used in the opening summation, though there is case law to support its use in closing. Noonan said he would change his ruling if Friedman could find a prior ruling allowing its use.

A Batavia man who allegedly attempted to rob the Oakfield Pharmacy today didn't get very far.

The pharmacist and another employee took a chance that the man didn't have a weapon and wrestled him to the floor, pinning him there until State Police arrived.

Cain A. Catino, 39, of Seven Springs Road, allegedly entered the shop at 12:30 p.m., went behind the counter and demanded hydrocodone.

An employee in the back of the store immediately called 9-1-1.

While law enforcement was in route, Catino was reportedly subdued by the pharmacy's owner. Catino had left his car in the parking lot with the engine running.

An ambulance was requested to the scene to check on an employee, and the employee was treated at the scene, but not taken to a hospital.

It's not believed that Catino had any accomplices, and though he reached in his pocket like he might have a weapon, he did not display one.

The State Police are handling the investigation. The Genesee County Sheriff's Office also responded to the scene as well as the Oakfield Volunteer Fire Department ambulance.

The case is still under investigation and no more information is available at this time.

(initial report)

A robbery is reported to be in progress at the Oakfield Pharmacy on Main Street in the Village of Oakfield.

The subject is reported to be a white male with blond hair. The Town Clerk is asked to be watchful as she has a camera in her office across the street to take pictures of the scene.

Two people are holding the suspect down on the floor inside the pharmacy.

UPDATE (12:50 p.m.): Two pharmacy workers subdued the suspect and Sheriff's deputies now have him in custody. No injuries are reported.

UPDATE (12:59 p.m.): The suspect is a parolee. A medic is requested to the scene because someone was said to be assaulted in the incident.

UPDATE (1:13 p.m.): The assault victim is said to have refused medical aid.

Every few years a case comes along that the national media hypes as “The Trial of the Century.”

Jurors are being chosen today in Genesee County Court for what may not even be the local trial of the year – that label might better be applied to the Scott Doll murder case – but for Ronald J. Wendt, it's his trial of a lifetime.

He is charged with 11 felony counts stemming from a fatal automobile accident on Aug. 12, 2009, including aggravated vehicular manslaughter. The charge alleges more than just drinking-and-driving. The indictment contends that Wendt drove recklessly, causing an accident that took the life of another person.

If convicted of all charges against him, and given the maximum sentence, the 25-year-old Alexander resident would be older, by the time he's released from prison, than 60 percent of the people reading this article are today.

The charge carries a maximum 25-year sentence.

But Katie Stanley had her entire adult life ahead of her. The Dansville resident was just 18 when she was killed on Route 20 in Darien that summer day.

One of the key issues in the trial will be -- was Wendt really responsible for her death?

District Attorney Lawrence Friedman will try to establish: that Wendt was legally impaired by alcohol at the time of the accident; that he was reckless when he made a left-hand turn into oncoming traffic in order to pull into the parking lot of My Saloon; and that his actions are a direct cause of Stanley's death.

Defense Attorney Thomas Burns will try to prove that Wendt was not over the legal limit at the time of the accident. He will argue that a .08 BAC recorded in a test more than an hour after the accident, represents a slight elevation in his BAC from his last drink, but not his BAC at the time of the accident.

Wendt reportedly recorded a .07 in a breath test at the scene. Field breath tests, however, are not admissible as evidence at trial, by either side. 

Wendt, who was helping a friend bale hay that day, has said he drank his last beer about 15 minutes before the accident. That drink may not have made it into his system at the time of the accident, but could have shown up in the later BAC test.

Also at issue are the actions of the other driver Rachel L. Enderle, 27. There were reportedly no skid marks at the scene, and prior to trial, it's not been publicly established how fast the car was going at the time of the accident. 

The spot of the accident is an area in Darien Center that is posted 40 mph along a stretch of Route 20 that is otherwise 55 mph.

Enderle along with Wendt was named in a lawsuit filed in Rochester earlier this year by Timothy L. Enderle, who was also a passenger in Rachel's car.

"Any time there are two cars in an accident, there is a certain percentage of fault with both drivers," said Timothy's attorney, Sheldon W. Boyce.

The key question in this trial is to what degree, if any, is Ronald J. Wendt at fault? And if found at fault to any degree, how much of his life should he be forced to give up?

For previous coverage, click here.

As a man we only knew as John Doe lay cuffed and prostrate in the back of a patrol car waiting to be arraigned on a trespass charge at Darien Town Court, Chief Deputy Gordon Dibble mused, "some people just shouldn't drink."

The night was still young, but already a handful of individuals had caused a mess of trouble for security and law enforcement at Darien Lake Performing Arts Center during the Aug. 28 Tom Petty concert.

Outside of two young guys busted for allegedly trying to sell hallucinogenic mushrooms, all of the night's law enforcement issues dealt with people drinking, and a little marijuana use, too.

"There are many more arrests we could make, but we try to arrest the people who need to be arrested," Dibble said. "We try to eject as many people as we can -- the people who can’t behave themselves. Usually the people who get arrested -- there’s just no other alternative."

Take the case of Jonathan Raymond -- a.k.a. John Doe:  When he was taken into custody, according to one deputy, even his friends were saying, "Get him out of here." 

Investigator Roger Stone, who was in uniform, was on patrol and served as my ride-along escort for the first part of the night. We encountered Raymond in the security trailer next to the concert venue where arrestees are first brought for processing. 

At about 5'-10" and 190 lbs, the 21-year-old Raymond had some strength to throw around if he wanted. He offered enough resistance and spit out enough verbal threats that deputies were clearly intent on keeping him under control.

In the trailer, two deputies kept Raymond cuffed in a chair and their arms on his shoulders.

He kept demanding to leave, cussed at anybody who came within sight and let everybody know that given a chance, he could and or would kill them.

As Raymond sat while Sgt. Thomas Sanfratello prepared his paperwork, a female security guard pushed into the trailer a cuffed 19-year-old Sara J. Cooper.

"Whoa, I'm so scared," Cooper yelled. "Just so you know."

Later Cooper would reportedly start calling a woman deputy a couple of choice female-specific slurs and allegedly fight back against a deputy, getting herself shoved against a wall and held there until she settled down.

When it came time to escort Raymond to Stone's cruiser, five deputies were on hand to lead him from the trailer to the car and then try to get him into the back seat. 

Raymond said he wasn't going to do it. He wanted to be let go.

Investigator Stone, whose smooth baritone could improve many doctors' bedside manner, said, “You seem like a good guy. Why don’t you just get in?”

“Who are you?

“Stone.”

“Stone who?”

“Roger Stone. I’m one of the deputies.”

Raymond didn't move. One of the deputies suggested picking up by turning him on his side and pushing him log-like into the backseat.

While Raymond verbally protested, his bit of wiggling and bucking was easily controlled by the deputies.

Once we were on the road, Raymond told Stone, "You're pro-Indian, so why do you act like a white man, mother f---ker?"

When Stone didn't answer, Raymond pleaded, "Stonehorse?"  No reply. Louder: "Stonehorse?"

"What?" Stone kind of whined.

“If you act like a white man, you are a white man.”

Raymond then started to cry.

“I want you to be on our side, Stonehorse.”

Pause.

“I’m going to kill you Stonehorse.

Stone: "No you’re not. Come on."

"Ok," Raymond said. "I won’t."

And a few minutes later, Raymond said again, "I'm going to kill you, Stonehorse."

I asked Stone, "Isn't that something you could charge him with?"

Stone shrugged. "Sure," he said, "But why?"

Roger Stone is clearly not a cop who relishes confrontation. When he drove Brett Tofil and Joseph Kulig to the Genesee County Jail following their arrests on drug charges, each getting $5,000 bail, one of the young men thanked Stone for "being cool."  

But that "coolness" doesn't deter Stone from understanding he has a job to do. He sees a lot of value in the drinking-related arrests the Sheriff's Office makes, and also in the underage drinking citations deputies issue.

He totally rejects the suggestion that these law enforcement efforts are just aimed at generating revenue for the county or are motivated by a cop's desire to ruin somebody's good time.

"We’ll never know when we’ve stopped somebody from getting too inebriated," Stone said. "We’ll never know when we’ve saved their lives or the lives of somebody else. To me, that’s the reason why we need to do it.

"It’s the same thing as getting drunken drivers off the road. We’re never going to know whether we stopped some accident or somebody from being injured or killed. But you know the fact that we’re going out there and reducing it now and then is a good thing, and I feel good about doing it."

The Sheriff's Office has only 25 patrol officers, including sergeants, according to Dibble, so when it comes to one of the 18 concert nights at Darien Lake, Dibble himself and investigators such as Stone help out with patrols.

The Sheriff's Office provides traffic control and law enforcement inside the venue, while the State Police also patrol the roads surrounding the venue, mainly targeting drunken drivers.

To help with the manpower inside the concert venue, this summer, Sheriff Gary Maha deputized off-duty Batavia police officers, who were paid by the concert promoter, Live Nation.

During the Petty concert, one of those deputized officers, Eric Hill, was hurt when 20-year-old Matthew J. Pasternak allegedly resisted arrest. Hill's finger was splinted and iced following the altercation and Hill was concerned that it was broken. A couple of days later, Hill said his finger was still sore, but didn't appear to have been broken. He didn't miss any duty.

The Petty concert on Aug. 26, as well as the one a couple of weeks earlier, had a number of violent confrontations with law enforcement. Deputies found it surprising, since Petty is an older act without much of a hard-rock edge, and they said Petty concerts weren't, in past years, rowdy.

But every performer brings it owns audience, Dibble said.

"Some are more aggressive," Dibble said. "Some bring in more drugs, some more alcohol and some bring in more kids sometimes."

Dibble said the Sheriff's Office works closely with Live Nation so deputies are prepared to deal with the type and size of crowd anticipated.

"It's a partnership for sure," Dibble said.

Live Nation actually pays for all of the law enforcement inside the concert venue, including about 100 of its own security personnel (including personnel in the parking lots), according to Pete Riedy, with Live Nation.

People pay a lot of money to attend shows at Darien Lake, and 99 percent of them have a good time, and even down a few beers, without causing a problem, Riedy said. They don't want to be bothered with unruly drunks.

"Unfortunately there’s always a few people who take it to the next limit and cause problems," Riedy said. "Alcohol is usually the reason. ... No matter how many rules and restrictions you put on people, there are going to be certain people who can’t control themselves."

And with booze being the chief cause of problems, Riedy said, it's important that both security and local law enforcement address the underage drinking issue. While some people criticize deputies for writing underage drinking citations, Riedy said it's an important part of keeping people safe.

"Nothing good comes out of kids drinking in the parking lot and drinking when they're under age," Riedy said. "If I could, I’d have 100 more Sheriff’s deputies out there."

And writing underage drinking citations isn't hard, Dibble said. The typical kid will walk right up to a deputy, or otherwise brazenly display a beer or wine bottle with law enforcement in the area.

Dibble recalled one time he was standing in the parking lot -- in uniform -- and a 17-year-old walked right up to him, beer in hand.

"I don’t know if it’s the effects of alcohol, if it’s a sense of entitlement, I don’t know," Dibble said. "I can’t explain that."

If not for the deputies enforcing the underage drinking law, Riedy said, the only other alternative would be to disallow tailgating, and Live Nation doesn't want to do that. It wouldn't be fair to the majority of people who can remain civil and obey the rules.

"(Drinking problems) don't make our venue look good," Riedy said. "It doesn't make any venue look good. It makes people not want to come back. My biggest concern running the venue is people’s safety and people enjoying the concert.

"People pay a lot of money to come here. My biggest concern is that people have a good time."

Photos: Top, Sara Cooper is escorted into the processing trailer; Inset, Jonathan Raymond being held in his chair inside the trailer; Bottom, Brett Tofil and Joseph Kuligafter outside Darien Court after being arraigned. Roger Stone, right, allowed them a chance for a smoke and to make calls on their personal mobile phones to friends and relatives to arrange for bail.

Richard J. Kubis, 30, of 25 Vine St., Batavia, is charged with endangering the welfare of a child. Kubis is accused of supplying cigarettes to two youths, ages 12 and 13.

Darlene McComb, 51, of 110 Bank St., Batavia, is charged with harassment, 2nd. McComb was arrested on a warrant for an alleged Aug. 27 incident. McComb is accused of kicking UMMC emergency room staff.

Lawrence D. Williams, 50, of 15 Walnut St., Batavia, is charged with harassment, 2nd. Williams is accused of shoving a woman. Bail was set at $200.

Clinton J. Reese, 46, of 106 Ellsworth Ave., Batavia, is charged with aggravated harassment, 2nd. Reese is accused of threatening to kill another person.

Chelsie R. Dibble, 25, of Corfu, is charged with DWI and aggravated DWI. Dibble was stopped by State Police at 2:26 a.m., Sunday, on Akron Road in Corfu.

Carl F. Jenkins, 18, of Clarence Center, is charged with DWI and driving with a BAC of .08 or greater. Jenkins was stopped by State Police at 1:47 a.m., Saturday, on Route 238 near Route 20 in Darien.

Edmund Rogalski, 51, of Rochester, is charged with DWI, aggravated DWI, and aggravated unlicensed operation of a vehicle. Rogalski was stopped by State Police at 1:38 a.m., Thursday, on the Tonawanda Indian Reservation.

David P. Neibert, 23, of Albion, is charged with DWAI-Drugs, two counts of criminal possession of a hypodermic instrument, criminal possesion of a controlled substance and several vehicle infractions. Neibert was charged following a head-on collision on Route 98 near West Saile Drive on Wednesday. Neibert's pickup truck hit a Thruway maintenance truck driven by Nick Ciccarelli, 42, of Lancaster. Ciccarelli was uninjured in the accident. A passenger in the Thruway truck, Kevin Thompson, 40, of West Seneca, transported himself to Mercy Hospital for a possible neck injury.

Thomas John Bressinger, 42, of Countyline Road, Darien, is charged with criminal mischief, 4th, and harassment, 2nd. After coming home from work on Thursday, Bressinger is accused of breaking a computer monitor, punching holes in the wall next to his wife's head, kicking her and threatening to kill her.

It can be hard to admit you might have been scammed, but if you think you've been caught up in a paving scam, Investigator Leo Hunter of the New York State Police needs to hear from you.

A family of Gypsies by the last name of Stanley, who have a record of arrests and lawsuits in other jurisdictions, may be operating in the area.

As The Batavian reported yesterday, one Corfu couple complained to the State Police this week about an apparent scam. A man identified as J. Stanley told a couple that he had extra asphalt left over from another job, and that he could pave their driveway for $3,000. But the couple wound up paying $7,500 once the job was completed.

From California to New Hampshire, the Stanleys are accused of tricking residents into paying high prices for shoddy paving jobs.

But proving an actual crime was committed locally could be difficult unless other alleged victims can be found.

The group of workers is described as driving shiny and spotlessly clean bright red trucks.

Hunter said the Stanley's normal mode of operating is to pull up to a house in like-new trucks and talk a good game about an inexpensive paving job. Then when the job is about half way through, start arguing among themselves -- to create an environment of confusion -- with the boss saying it's more work than expected and more asphalt is needed. They threaten to leave, with an incomplete paving job, unless the homeowner agrees to pay more.

According to Hunter, the Office of Homeland Security provided information on the Stanleys. They are believed to operate under a number of business names, including Century Paving and Driveways, Road One Paving, Patriot Paving, Verizon Paving and Premier Paving.

There are pending lawsuits involving the Stanleys in Vermont and Washington, Hunter said.

"They're bilking people out of money to the tune of millions," Hunter said.

One problem that makes them difficult to prosecute, Hunter said, is that just enough of the job is done to make the issue more of a civil matter than a criminal matter.

To contact Investigator Hunter call 344-6200, ext. 6212. If Hunter isn't available, ask for a supervisor.

Previously: Traveling pavement crews may be running asphalt scam in region

Google: "Stanley Paving Scams."

A Corfu couple is feeling burned and they want to warn other area residents not to fall for the same scam a traveling pavement company pulled on them.

The couple -- who asked not to be identified -- paid $7,500 to have an asphalt driveway installed, which was more than the original $3-per-square-foot quote the contractor gave when he arrived at their door saying he had some asphalt left over from a previous job.

While the two-day-old driveway looks beautiful and black right now, the couple has since learned it won't even last a year.

The husband first became suspicious when, after the job was done, the contractor insisted on getting a check immediately because he said he needed to pay for the asphalt. The man thought, "why does he need to pay for asphalt if it was extra?"

About that time, the wife called her parents and her father said he had read about asphalt driveway scams on the Internet.

That's when they decided to call police and contact local media. The couple claim the out-of-state contractor -- whom we're not identifying because the case remains under investigation -- is listed on a website that warns of just such scams. They say crew boss is wanted for the same alleged scam in other states. (We didn't find the same site, but search "driveway paving scams" in Google and you'll find thousands of articles on the topic.)

After the asphalt was down and the check was cashed, the homeowners had another local contractor look at the work. He said, according to the couple, that the workers who put down the asphalt didn't prepare the bed properly and the asphalt needs to be about three times thicker than it is.

We called Tim Hens, county highway superintendent, for his expert opinion and Hens said a well-installed asphalt driveway would have a sealing coat over a crushed rock bed and about three inches of asphalt laid.

The Corfu couple's driveway is an inch or less thick.

"It's not uncommon for contractors to have extra asphalt after a job," Hens said. "But I've never heard of them going around door-to-door trying to peddle it for another job. It's just not how it's done."

State Police Investigator Leo Hunter is looking into the Corfu case, but his investigation began only yesterday. He said it's not clear yet that a crime has been committed. If it's just a matter of alleged shoddy work, it could be a civil matter. However, if there are other local victims of the same firm, that could indicate deliberate fraud taking place.

The Los Angeles Times offers these seven signs that you're being scammed:

• Unsolicited offers to do painting, roofing or paving work
• Claims of leftover materials
• High-pressure or scare tactics
• Reluctance to sign a written contract
• Demand for payment in cash
• New vehicles and out-of-state license plates
• Toll-free telephone contact numbers instead of a local number

Or as Hens put it, "If it seems too good to be true, it probably is."

"You get what you pay for," he added.

As for the Corfu couple, they're feeling both angry and embarrassed.

"It's almost as if you're naive if you believe people these days," said the husband.

A truck driver out of Syracuse is being charged with DWI after reportedly taking his rig down Union Street this afternoon and hitting some trees.

City Councilman Bob Bialkowski brought up the incident at Monday night's council meeting, congratulating Chief Randy Baker and his department on a swift arrest of the apparently wayward driver.

Bialkowski said he was on Union at the time of the alleged incident, heard a loud noise -- louder than the sound of a small airplane crash, he said -- and turned around and saw the truck coming down the roadway with a gaping hole in the side of its trailer. The driver, he said, was trying to look in the side mirror to see what happened.

Taken into custody was Darren D. Jones, 45, of 168 Parkside Ave., Syracuse.

He was charged with aggravated DWI in a commercial vehicle and disobeying a traffic control device.

City police said the first report of an erratic truck driver came in about a semi exiting the Thruway. Jones was pulled over on West Main Street.

There is a weight limit on Union, according to the police press release, and Jones allegedly ignored it.

The report says Jones' truck had significant damage.

Kelly Jo Spenton, 37, of 6047 Transit Road, New York, is charged with petit larceny. Spenton is accused of stealing the contents of another person's mail. The alleged offense occurred at 39 S. Pearl St., Apt. 1, Oakfield on Aug. 24.

Zachary Ryan Morath, 19, of Summerfield Drive, Lancaster, is charged with DWI and failure to keep right. Morath was charged following a car accident on Route 5 in Darien at 7:40 a.m., Saturday. The investigation was handled by Deputy Jason Saile.

Larry S. Yoho, 38, of Batavia, is charged with criminal trespass, 2nd, harassment, 2nd, and aggravated harassment, 2nd. Yoho was arrested by State Police for an alleged incident at 10 Maple St., Batavia, at 9:23 p.m., Sept. 6. Yoho was jailed, but the bail amount -- if any -- was not provided. No further details available.

Valerie S. Wells, 44, of Medina, is charged with DWI, driving with a BAC of .08 or greater and moving from lane unsafely. Wells was stopped by State Police on Park Road, Batavia, at 5:35 p.m., Thursday.