The second driver involved in a head-on collision on Route 19 in Bergen yesterday afternoon has died.
Gary C. Beehler, 82, succumbed to his injuries, the Sheriff's Office reported this morning.
Beehler's 2007 Chrysler Town & Country minivan was struck by a 2014 Toyota RAV4 driven by Caroline F. Bianchi, 74, of Bergen. Bianchi was pronounced dead at the scene.
Previously: Bergen woman dies in collision on Route 19
Cornstalks in a field are reportedly on fire behind 39 Farnsworth Ave., Oakfield.
Oakfield fire, which had been assisting with the incident in Alabama, is responding to the field fire.
Mutual aid from Elba requested to the scene.
UPDATE 11:05 a.m. The fire is being driven by the wind toward South Pearl. Responders are looking for best access point. One responder "we can get this."
UPDATE 11:08 a.m.: Elba can go back in service.
UPDATE 11:10 a.m.: Elba requested back to the scene emergency mode. There's a flare-up behind a house. "It's getting out of control on us."
UPDATE 11:13 a.m.: A brush truck from Town of Batavia requested to the scene. Also, a local farmer is requested to the scene. "We may have to destroy some of his corn."
UPDATE 11:24 a.m.: "A lot of the fire is knocked down in the field."
A fire is reported at 6442 Knowlesville Road, Alabama.
A second alarm was requested then canceled.
Knowlesville Road is closed to through traffic.
Alabama Fire is on scene.
UPDATE 11:06 a.m.: Fire under control; overhaul in progress.
In what one county legislator called a “career project,” a plan to upgrade the firing range on State Street Road in the Town of Batavia finally has a target date in its sights.
The Genesee County Legislature’s Ways & Means Committee on Wednesday approved a resolution to transfer $11,514.63 from the Emergency Management Services training ground project to the Firing Range Upgrades Project, with the money to be used to build a shed for range users to reload their guns and for storage.
The full legislature will consider the measure on Monday.
“This project has been languishing a little bit over the years and now, as it is finalized, hopefully will provide the funds for us to move the firing range from right next to the fire training center out into the new ‘bowl’ – as I refer to it – a huge berm,” County Manager Matt Landers reported to the committee.
Landers said the primary use of the aforementioned funds is to put up a “Duro Shed-type facility where the individuals who are shooting can have something to get out of the weather and the elements, with some light when it’s dark out, and to reload their ammo and everything they need to do to shoot their gun.”
Noting that this has been in the works for about 15 years, Landers said the shed is expected to be built next spring inside the berm – closing out phase one of the project.
He said that the county’s Emergency Management department is pleased by this development as “no more shots will be fired so close to its building, which has been a concern of theirs for all this time.”
Phase two calls for erecting a more permanent structure for classroom training, potentially in 2022.
“We will evaluate phase two in the next year or so to see if we have the resources to do that,” Landers said.
Gary Maha, former Genesee County sheriff and current legislator, called it a “career project, for sure,” and said it was his understanding that the new range will allow law enforcement personnel the ability to qualify with their rifles.
“Now they can’t because the current range is not long enough,” he said, adding that shooters have to go to other places for qualification purposes.
Landers agreed, citing a resolution from 1984 that stipulates what types of firearms can be used at the location.
“There will be another resolution in the future that will allow us to use the rifle at that range. Currently, the resolution on the books excludes us from using a rifle,” he said.
The county manager credited Highway Superintendent Tim Hens and his crew for crafting an impressive range.
“The berms are all the way around it – 20-plus feet high and thick -- to allow for stray bullets to go into the berms,” he said. “It’s a very safe shooting range, but it takes time because you have to build up all of that dirt. So, they have been using fill for the past two years from different projects that have leftover dirt, transporting it and piling it up. And once it’s piled up, you have to seed it.”
Hens confirmed that the berms are 20 feet high and 60 feet wide at the base, with the range distance at 150 yards long inside the bowl and about 50 yards wide.
Photo: Overhead view of the layout on State Street Road, courtesy of Genesee County Emergency Management Services.
Press release:
“Thank you to everyone who has supported me and my State Senate campaign!" Running this year was a vastly different experience but I am proud of our effort and humbled by this victory," said Ed Rath, of his victorious bid for the 61 State Senate seat. "I would also like to wish my opponent well following a spirited campaign.
"It has been an honor getting to know the residents of the 61st District and I am deeply grateful for the trust they are placing in me. I am looking forward to bringing our Upstate values to Albany and providing a strong voice for families, taxpayers and businesses throughout the 61st District. You have my word that I will tirelessly fight to continue our strong representation of WNY!”
A 74-year-old woman from Bergen, Caroline F. Bianchi, died this afternoon following a two-car collision on Route 19 near Creamery Road.
Another person was seriously injured.
The preliminary investigation by the Sheriff's Office indicates that Bianchi was southbound on Route 19 in a 2014 Toyota RAV4 when it traveled over the centerline of North Lake Road and struck a 2007 Chrysler Town & Country minivan driven by Gary C. Beehler, 82, of Hamlin.
The vehicles collided head-on in the northbound lane.
Beehler was transported by Mercy Flight to Strong Memorial Hospital with serious physical injuries.
Bianchi was pronounced dead at the scene by Coroner Tom Douglas.
Investigators have yet to determine why Bianchi's vehicle failed to maintain its lane of travel.
The accident is being investigated by Deputy Andrew Mullen, Deputy Jordan Alejandro, Investigator Chad Minuto and members of the Crash Management Team including Sgt. Jason Saile and Deputy Kyle Krzemien. Assisting at the scene were the Town of Bergen Fire Department, Churchville Fire, Mercy EMS, and State Police.
Previously: Accident with entrapment reported on North Lake Road, Bergen
Press release:
New Positives – As of 2 p.m.
A community survey conducted by the Le Roy Police Department came back with some pretty high marks in terms of “overall satisfaction.”
The village police force received an average grade of 8.5 out of 10 in response to the question, “How would you rate your overall satisfaction with the Le Roy Police Department? (1 star being poor and 10 stars being exceptional).”
The survey was conducted in conjunction with the department’s Police Reform and Reinvention Collaborative, the 15-member committee formed in compliance with Gov. Andrew Cuomo’s Executive Order No. 203 on policing policy and procedure improvements.
It was available for village residents and nonresidents over a three-week period, ending on Nov. 13, and was posted on the department’s Facebook page, Town of Le Roy website, and digital edition of the Le Roy Penny Saver.
“Our goal was to receive between 75 and 100 responses and we were pleased to get back 105,” Police Chief Chris Hayward said. “While most may consider the response rate low, they did provide some valuable feedback for us going forward.”
Stating that “overall, we were happy with the results,” Hayward mentioned a new foot patrol program that took hold after initial negativity.
“During the early stages of (the COVID-19) lockdown last spring, I instituted a foot patrol in residential neighborhoods and after some early concern from residents – asking ‘why are the police walking around near my house?’ -- the program was very well received and there were multiple responses from people wanting to see us continue that program,” he said.
About 66 percent of the respondents said they live in the village, with 9.5 percent stating that they own a business in the village.
Ninety-eight percent identified themselves as white or Caucasian and 53 percent said they were females. Thirty-one percent were in the 55-64 age range, with 21 percent in the 45-54 group and 17 percent in the 25-34 group.
Some highlights of the survey are as follows:
From Derek Geib, owner of Bourbon & Burger Co.:
The purpose of this is to add to the vague press release about Bourbon & Burger Co. by the Genesee County Health Department and to clear up any misinformation that is out there.
First of all, we are open and we plan to be for many years to come.
Second, the individual reported was not in the building after receiving a positive test result.
Third, there is no concrete proof that the individual was positive while in the building.
The person reported a headache on Nov. 8, was here Nov. 9, and received a positive test result Nov. 11 -- a full 48 hours after being in the building.
Fourth, no one in Bourbon & Burger during the dates in the press release has been placed on mandatory quarantine, nor have they been told by the Health Department that they needed to get tested.
These are the facts.
We will tell you what the Health Department isn’t telling you but should be -- COVID-19 IS EVERYWHERE. What they also know is it is in the big box stores, the chains and the fast-food restaurants. It is not confined to your four hometown restaurants as it may seem from their press releases.
You should be practicing caution everywhere and monitoring your symptoms no matter where you’ve been.
We have served thousands of you since this pandemic began without incident, we are following every protocol and guideline that is out there to keep everyone safe. The government has turned its back on our industry, we can’t afford for our community to do so as well because of misinforming press releases.
This industry is barely hanging on and all of Batavia's restaurants need you now more than ever. The only way we all make it though this is together.
A motor-vehicle accident with entrapment and unknown injuries is reported on North Lake Road (Route 19) in Bergen just south of Creamery Road. Bergen fire and medics are responding.
UPDATE 2:46 p.m.: One car is completely blocking traffic; another is in a ditch, according to a first responder on scene. Mercy Flight is on in-air standby.
UPDATE 2:50 p.m.: Bergen Fire Police are called to shut down Route 19 at Peachey Road and at Creamery Road. A second ambulance is called in.
UPDATE 2:56 p.m.: One patient, a male, who is conscious and alert and still being extricated. "We are flying him," says a first responder, and Mercy Flight is heading to the scene.
UPDATE 2:57 p.m.: The landing zone will be a cornfield east of scene, north of a barn.
UPDATE 3:01 p.m.: Due to the height of the cornstalks, the landing zone is changed to the roadway north of the accident.
UPDATE 3:05 p.m.: Wires on both sides prevented Mercy Flight from landing in the roadway. They just landed in a grassy area at the corner of the intersection.
UPDATE 3:16 p.m.: Patient is extricated.
UPDATE 3:27 p.m.: Mercy Flight is airborne and headed to Strong Memorial Hospital in Rochester. Churchville fire, which responded to the scene for mutual aid, is going to their own fire hall to stand by for Bergen.
UPDATED 6:05 p.m.: It is confirmed that this was a fatal accident; one person in the crash died. More T/K
Press release:
St. Ann’s Community is one of several skilled nursing and independent living facilities in the Greater Rochester area to receive rapid testing devices from the Centers for Medicaid Services (CMS) with the goal of rapid detection of COVID-19 in nursing home staff.
That includes St. Ann’s Community at The Greens, an independent living community in Le Roy.
Per guidance from New York State, staff must be tested a minimum of once per week in order to minimize virus exposure and spread to residents and other staff members.
The devices provided to St. Ann’s Community by CMS, known as the BD Veritor ™Plus System, can read a sample in approximately three seconds and give a COVID-19 positive or negative result. The process currently consists of a nasal swab which takes a sample from each nostril. The swab is then placed inside of a vial with a solution, and the vial deposits three drops onto a cartridge. The cartridge then rests for 15 minutes and is inserted into the device for a rapid result.
This rapid testing has made for a much easier and more efficient way of testing the nearly 1,200 staff members at St. Ann’s Community.
While the testing of staff may be more efficient with the devices, the difficultly comes with the data obtained from the rapid testing devices. New York State requires the data for all testing completed for each individual to be uploaded within three hours to the New York State Department of Health (NYS DOH) for results and lab tracking.
This data then needs to be electronically submitted and uploaded to the Electronic Clinical Laboratory Reporting System (ECLRS), which has caused more work and time dedicated to data analyzation and uploading of information for compliance purposes.
This is all done while ensuring St. Ann’s has the necessary staff, tools, and processes to carry out the testing and uploading of data. Fortunately, St. Ann’s has well-equipped information technology and medical teams who assist in these complicated and time-consuming matters.
“I believe we’re the first of the Alliance for Senior Care homes, and perhaps the first of any Rochester area skilled nursing facility to test, capture, and upload live data [not just test data] to New York State,” said Aaron Fields, chief information officer at St. Ann’s Community. “This means we’re no longer reliant on just one testing method, and we now have multiple options for COVID-19 testing.
"In our current ever-changing world, it has made our access to testing supplies better and our results and reporting times faster, especially when so many of these supplies are in high demand and there are frequently long wait times for results with other testing methods. We have a fantastic team in place which makes this that much easier. It’s really putting us ahead of the curve for point of care testing.”
Press release:
There are a lot of plans and celebrations being postponed or even cancelled due to the COVID-19 pandemic this season. Leaders are encouraging people to stay home and avoid large events and gatherings. However, for nearly 30 years, The Genesee Community College Foundation has welcomed the holiday season by hosting a very special event -- Encore -- and global coronavirus pandemic or not, Encore must go on!
For months, GCC has been working with its generous and community-focused sponsor, Tompkins Financial, to ensure that the critical scholarship funds generated through the Encore event do not become another loss to the Coronavirus pandemic. Tom and Kim Cox are the cochairs and the outcome is nothing short of extraordinary!
The Genesee Symphony Orchestra & The Genesee Chorale will perform for Encore 2020 ONLINE.
Encore 2020, focused on the opportunity to "Be the Light" will be broadcast online through special ticketed access on Saturday, Dec. 12 at exactly 6 p.m. at https://gccfoundationinc.org/.
"Moving the Encore celebration online has truly taken some holiday magic," said Justin Johnston, vice president of GCC's Development and External Affairs. "Teams from multiple areas of the College and partners in our community have come together and created an evening that will fill everyone's homes with a festive warmth that can only come from knowing you are helping someone in need."
Encore 2020 VIP tickets include an extra special treat that supports local area restaurants through this difficult time as well! Click here to order your ticket access to the performance and select your favorite restaurant to take your Encore celebration on Dec. 12 to the next level!
For sponsorship and other information, visit https://gccfoundationinc.org/ or contact the Foundation Office at (585) 345-6809, or foundation@genesee.edu today.
Batavia City School District Superintendent Anibal Soler Jr. today said that multiple factors came into play in his decision to restrict instruction next Monday and Tuesday to 100-percent virtual remote learning days for all students, except those who attend classes at the Genesee Valley BOCES campus on State Street.
“It’s a combination of things,” Soler said. “Erie County went 'Orange' (a COVID-19 level, which is part of Gov. Cuomo’s micro-cluster zone structure) and so a lot of our employees live in Erie County, which sometimes impacts our ability to get quality substitutes, and it impacts our ability to get substitute teachers in general as there has been a shortage of substitute teachers.”
Soler said several students and staff members are finishing their days in quarantine, “so that also impacts us from having some in-person. We also have a growing number of cases in the region and in the county, so that was another variable that I looked at as well.”
And there’s the close contact piece, even if you’re not infected, he said.
“If you’re exposed to somebody for 60 minutes … you get deemed as close contact and you have to quarantine,” he explained. “And then we just have anybody who just feels ill – a headache, or sniffles or don’t feel well and can’t come into work; just regular absences.”
He said considering all of that, leadership determined to have no students in any of the district building on the two days prior to Thanksgiving.
“Hopefully, this will allow kids and families to have a good holiday without having more kids in quarantine or more positive cases coming up,” he said. “It’s just preventative. We’re still having remote instruction, and our kids are used to that model since they’re in that model every other day – with the hope that we go back to normal on the 30th.
A letter to district families concerning this change can be found on the school’s website.
"The justice position alllows me to continue to serve in a different capacity. It's something that I've always wanted to do at some point ... but the opportunity arose and it just seemed to make sense now," he said.
"From the legal perspective, I'm going to start an intense training program for the things that I don't know. But I think, more importantly, for this position, it's more about sound judgment and the right attitude than it is legal proceeding knowledge. There is plenty of assistance and support out there, I would guess that every town judge in the state -- 99 percent of them -- is not a lawyer, so they have a good program to train you and help you understand, procedurally, how to do things."
Young said he is looking forward to a new challenge, adding that he is confident that someone will be able to step into the legislative role.
"I'm really proud of the service that I have provided (as a legislator)," he said. "One thing is sure, my heart was in it, and was passionate about my opinions of how things should go."
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Andrew Young is stepping down from the Genesee County Legislature to accept the Batavia Town justice position.
The Batavia Town Board, at its meeting on Wednesday night via Zoom videoconferencing, passed a resolution appointing Young, 51, to the bench as a result of the resignation of current Town Justice Michael Cleveland, effective Nov. 27.
Young’s term will run through Dec. 31, 2021. The annual salary is $28,000.
The town board also passed a related resolution that adds Young’s name and new title to the document, “Town of Batavia Official Undertaking of Municipal Officers.”
Young has yet to respond to a telephone call and emails from The Batavian, which received the following notice from Assemblyman Steven Hawley last night about the vacancy*:
Individuals interested in possible Republican endorsement to fill upcoming vacancy on Genesee County Legislature, District 4, Towns of Batavia & Stafford should submit letter of interest & resume to: shawley@smhawley.com & staffordny.gop@gmail.com. No later than 11/28 @ 5 p.m.
Legislature Chair Rochelle Stein, contacted by telephone, said she respected Young’s work as the representative of the towns of Batavia and Stafford. Young also is the chair of the Public Service Committee and is the legislative liaison to the Genesee County Economic Development Center.
“I am grateful for the opportunity to have worked with him and to know him,” Stein said. “His viewpoints as he served as a legislator, I truly valued. I am happy to consider him a friend due to serving in local government, and I wish him all the luck.”
Stein, who said that she expects that the legislature will be receiving a resignation letter from Young in the coming days, said that Young “demonstrated a leadership that will be missed.”
Young, owner of Reliant Real Estate in Batavia and a real property owner/manager, has served on the governing body since Jan. 1, 2014. His current term runs through Dec. 31, 2024.
Previously, he was co-owner of Pakhound Parcel Logistics and P.W. Minor Shoe Factory.
*Editor's note: We posted Hawley's solicitation solely for Town of Batavia Justice applicants on Nov. 3:
GOP candidates wanted to serve as Justice of Town of Batavia Court, Cleveland resigns
There were no injuries in a two-car accident at 5:35 p.m. at East Avenue and Vine Street, Batavia. A State trooper happened to be in the neighborhood and rolled up on the accident right after it happened.
Some late changes to the 2021 Genesee County budget require using a bit more of the municipality’s fund balance, but they won’t affect the property tax levy or tax rate, County Manager Matt Landers said this afternoon.
The county legislature’s Ways & Means Committee forwarded resolutions to both amend and adopt the $143,204,679 All Funds spending plan and to finalize the tax levy at its next full meeting on Nov. 23.
Per the resolution, the budget as presented and amended calls for $31,451,727 to be raised by property taxes – an increase of $400,069 from 2020 – and a tax rate of $9.80 per thousand of assessed value.
Landers said that $2,407,767 is being appropriated from the fund balance to help get the tax rate to that figure, which is 31 cents less than the 2020 tax rate. The fund balance amount is $607,732 more than what was allocated in 2020.
The county’s General Fund budget figure is at $110,276,137.
Landers mentioned the major changes to the budget, which were implemented after a final review by management and departmental leaders.
“Most of the budget changes are due to a recent contract settlement with our AFSCME (American Federation of State, County and Municipal Employees, AFL–CIO) union, which represents the highway and facilities management employees,” he said. “My proposed budget had the costs sitting in the contingency account, but since we settled the contract we are going to move the funds into the appropriate departmental lines.”
Landers said that some costs in the mental health budget were under-budgeted as officials attempted to gauge the decrease in reimbursements from New York State. Additionally, changes were made on both the revenue and expense side in the public defender’s office in light of the county’s five-year plan.
“We are utilizing additional fund balance in the 2021 budget to cover this. The changes don’t impact the tax levy or the tax rate at all,” he reported.
Ways & Means Committee Chair Marianne Clattenburg thanked Landers and his team for conducting “a very smooth budget process considering the times that we’re in.”
“I appreciate the give-and-take from everyone and I think we did a good job with this budget,” she said.
The committee also set a public hearing for 5:30 p.m. Dec. 9 on a local law to approve the salaries of county officers who are elected or appointed for a fix term in accordance with a section of the Municipal Home Rule Law.
The salaries of these officers, which will take effect Jan. 1, are as follows:
In another development, the committee reappointed Richard Siebert of Stafford as Genesee County Republican Election Commissioner for a three-year term, effective Jan. 1.
Legislators commended Siebert, Democratic Election Commissioner Lorie Longhany and all those who worked during the recent election for a job well done as they dealt with several changes to the system while adhering to COVID-19 guidelines.
Press release:
New Positives – As of 2 p.m.
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Restrictions Currently in Effect (as of Nov. 13)
Bars, restaurants and gyms, as well as any State Liquor Authority-licensed establishment, must close in-person service from 10 p.m. to 5 a.m. daily.
Faith-based Organizations
Consider continuing or reinstating remote worship due to increased numbers of positive COVID-19 cases to protect your more vulnerable population.
For those who are at risk of complications for COVID-19 or the flu, consider to connect with your house of worship remotely to lessen the risk of contracting COVID-19 or the flu.
If you are sick or experiencing new symptoms, STAY HOME and worship remotely. Don’t share your germs with others.
Time-Distance-Masks-Hands!
In order to limit the spread of COVID-19 you need to rethink any upcoming gatherings. The more time you spend with nonhousehold members, the more at risk of spreading the virus and putting our counties in a micro-cluster which will increase restrictions. Even small gatherings have the potential to have an impact on our hospital systems as we are seeing an increase in hospital admissions and ICU admissions. Limit time with nonhousehold members…Keep at least 6 feet or more…Properly wear a mask/face covering over your nose and mouth…and Wash your hands frequently with soap and water or 60-percent alcohol hand sanitizer, as well as sanitizing frequently touched surfaces/items.
Gathering Size
According to Governor Cuomo’s Executive Order 202.45, all nonessential gatherings of up to 50 individuals of any size for any reason at venues (celebrations, weddings, or other social events at public facilities or private venues) unless otherwise designated (ex. religious gatherings), are now allowed for those regions in Phase 4.
So long as appropriate social distancing, wearing cloth masks/face coverings over their mouth and nose, and cleaning and disinfection protocol requirements are followed. With the recent uptick of individuals testing positive and the stricter guidance placed by the Governor, it is important to remember that those who plan and host nonessential gatherings (whether at a venue or a private residence) as noted above, can be fined up to $15,000, and/or cause our counties to be considered a micro-cluster which will place the area under stricter restrictions.
Micro-clusters: The initiative will take the most significant action within the cluster (Red Zone), moderate action in the area surrounding the cluster to stop the spread (Orange Zone), and precautionary action in the outlying communities (Yellow Zone). To learn more about the Cluster Action Initiative go to https://forward.ny.gov/ny-forward.
Press release:
The Holland Land Office Museum's Wonderland of Trees sponsored by Tompkins Bank of Castile will occur from Nov. 20th to Dec. 31st.
This year there will not be an opening night kickoff event. All the wonderful decorated trees can be viewed during the museum's normal business hours of Tuesday through Saturday 10 a.m. to 4 p.m.
Museum visitors will be limited to 25 at a time.
Masks and social distancing protocols are required.
A basket raffle will also take place until Dec. 18th when the winners will be drawn.
Musical concerts will be performed by the Genesee Symphony Orchestra on the evenings of Dec. 4, 11, and 18, with a limited audience of 12 Preregistration is required. The concerts will also be broadcast live for all to experience.
Normal museum admission rates will apply. For more information visit hollandlandoffice.com or call the museum at (585) 343-4727.
Press release:
The Problem Gambling Resource Center would like the public's input to help them strengthen resources to aid those negatively impacted by problem gambling across Western New York.
Join the community conversation virtually at 10:30 a.m. on Wednesday Dec. 9.
To register for the Zoom meeting click here. After you register, you will receive a link to join the Zoom meeting.
The center is operated by the New York Council on Problem Gambling.
Carlton Burrows is indicted for the crime of reckless endangerment in the first degree, a Class D felony. It is alleged that on July 14 on Veterans Memorial Drive in the Town of Batavia that, with a depraved indifference to human life, Burrows recklessly engaged in conduct that created a grave risk of death to another person: driving a motor vehicle at a NYS Trooper. In count two, he is accused of second-degreee reckless endangerment, a Class A misdemeanor, for engaging in conduct that created a substantial risk of serious physical injury to another person: driving at a Batavia City Police patrol vehicle. In count three Burrows is accused of criminal possession of stolen property in the fourth degree, a Class E felony. It is alleged that on that day he knowingly possessed stolen property that exceeded $100 in value: a 2008 Chevrolet Impala. In count four, Burrows is accused of unlawfully fleeing a police office in a motor vehicle, 3rd, a Class A misdemeanor. It is alleged in count four that, knowing he had been directed to stop his vehicle by a police officer or a marked police vehicle with activated lights and/or sirens, he attempted to flee at speeds of 25 mph or more. In counts five and six, he is accused of obstructing governmental administration in the second degree, a Class A misdemeanor, for refusing to provide a DNA sample and fingerprints, respectively. In count seven, Burrows is accused of speeding for driving on Veterans Memorial Drive in excess of the maximum speed limit for that roadway.
Justin T. Gladney is indicted for the crime of first-degree rape, a class B violent felony. It is alleged that on June 2 or 3, in the City of Batavia that he engaged in sexual intercourse with a person by forcible compulsion. In count two, Gladney is accused of second-degree rape, a Class D violent felony. It is alleged that Gladney, being age 18 or more, engaged in sexual intercourse with a person age 15 or less on June 2 or 3 in the city. In count three, he is accused of possessing a sexual performance by a child, a Class E felony. It is alleged in count three that on June 6 he had in his possession content that included the performance of sexual conduct by a child less that 16 years old. In count four, Gladney is accused of the crime of endangering the welfare of a child, a Class A misdemeanor, for knowingly acting between June 2 and 6 in a manner likely to be injurious to the physical, mental or moral welfare of a child less than 17 years old while in the City of Batavia.
Dillen A. Merrell is indicted for the crime of driving while intoxicated as a misdemeanor. It is alleged that on June 7 at 8:33 p.m. in the Town of Pavilion that Merrell drove a 2009 Chevrolet on Transit Road while he was intoxicated. In count two, he is accused of second-degree vehicular assault, a Class E felony, for driving while intoxicated that evening and operating the vehicle in such a manner that caused serious physical injury to another person. In count three, Merrell is accused of misdemeanor reckless driving for driving that date in a manner which unreasonably interfered with the free and proper use of a public roadway. It is alleged in count three that Merrell, while impaired by alcohol, drove in the middle of Transit Road while impaired by alcohol, narrowly missing a collision with oncoming vehicles that were operating lawfully. In count four, Merrell is accused of refusing to submit to a breath test when asked to do so by a deputy, a violation of vehicle and traffic law. In count five, the defendant is accused of consuming or possessing alcoholic beverages in a motor vehicle, a violation of vehicle and traffic law. In count six, Merrell is accused of moving from lane unsafely, another VTL violation, that evening in Pavilion.
Robin S. Brooks is indicted for the crime of first-degree assault, a Class B violent felony. It is alleged that on July 17 in the City of Batavia Brooks, acting with intent to cause serious physical injury to another person, caused such injury by means of a dangerous instrument -- a door. In count two, Brooks is accused of another account of first-degree assault, for committing the same crime by the same means -- a door -- on July 27 in the City of Batavia. In count three, Brooks is accused of second-degree assault, a Class D violent felony, for intentionally causing serious physical injury to a person on Sept. 1 in the City of Batavia. In a separate indictment, Brooks is accused of first-degree criminal nuisance, a Class E felony. It is alleged in the second indictment that between May 17 and June 30 while on Hutchins Place in the City of Batavia, that Brooks knowingly conducted or maintained a place where people came to engage in the unlawful sale of controlled substances and thereby derived the benefit of this conduct.
Andrew L. Kosiorek is indicted for the crime of first-degree assault, a Class B violent felony. It is alleged that on June 17 that with intention to cause serious physical injury to a person, he did so by means of a dangerous instrument -- footwear. In count two, he is indicted for fourth-degree criminal mischief, a Class A misdemeanor. It is alleged in count two that on that day he intentionally damaged property belonging to another person -- a surveillance camera on the first floot of a building on Highland Park in the City of Batavia.
Shane H. Zimblis is indicted for the crime of first-degree criminal contempt, a Class E felony. It is alleged that on June 10 on Bank Street in the City of Batavia that Zimblis violated an order of protection by striking, shoving or otherwise subjecting a protected party to physical contact, or threatening to do so. In count two, Zimblis is accused of second-degree criminal contempt, a Class A misdemeanor, for violating an order of protection by sending electronic messages to the protected party. In count three, the defendant is accused of attempted robbery in the third degree, a Class E violent felony, for attempting to forcibly steal property from the protected party. In count four, Zimblis is accused of second-degree harassment. It is alleged in count four that on that same day on Bank Street, that Zimblis struck, shoved, kicked or otherwise subjected the same victim to physical contact.
Danielle R. Tooley is indicted for the crime of criminal possession of stolen property in the fourth degree, a Class E felony. It is alleged on in late February while on South Main Street in the City of Batavia that she knowingly possessed stolen property with the intention of benefitting herself -- a Syrchony credit card. In counts two and three, she is accused of the same crime for allegedly possessing a Citi Simplicity credit card and a Chase credit card, respectively. In counts five and six, Tooley is accused of the same crime for allegedly possession a Discover Business credit card and a Le Roy Sports Boosters debit card, respectively. In counts seven and eight, she is accused of the same crime for allegedly possessing two Five Star Bank credit cards. In count eight, she is accused of criminal possession of stolen property in the fifth degree, a Class A misdemeanor, for allegedly possessing a purse and its contents that did not belong to her.
Judd A. Farewell Jr. is indicted for the crime of third-degree grand larceny, a Class D felony. It is alleged that on May 31 on Coe Avenue in the Village of Oakfield that Farewell stole property having a value exceeding $3,000 -- a 2020 Viper Red Can Am four-wheeler.
Leonard L. Henry is indicted for the crime of third-degree grand larceny, a Class D felony. It is alleged that on Oct. 19 in the Town of Batavia that Henry stole property from Kohl's department store having a value in excess of $3,000: amounting to $3,945. In count two, District Attorney Lawrence Friedman accuses Henry of fifth-degree conspiracy, a Class A misdemeanor, for agreeing with one or more persons to engage in conduct that constituted a felony.
Laura M. Lashomb is indicted for the crime of driving while intoxicated as a Class E felony. On Feb.1 in the Town of Bergen it is alleged that Lashomb drove a 2014 Nissan on Interstate 490 while intoxicated. In count two, she is accused of DWI, per se, as a Class E felony, for having a BAC of .08 or more at the time. In count three, she is accused of moving from lane unsafely, a violation of vehicle and traffic law. In Special Information filed by District Attorney Lawrence Friedman, Lashomb is accused of having been convicted of DWI, as a misdemeanor, on July 11, 2013 in Buffalo City Court and that conviction was within 10 years of the crimes alleged in the current indictment.
Richard A. Dekenipp is indicted for the crime of criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on July 19 at the Genesee County Jail in the City of Batavia that he knowingly and unlawfully sold a narcotic drug -- suboxone. In count two, he is accused of promoting prison contraband in the second degree, a Class A misdemeanor, for allegedly knowingly and unlawfully introducing contraband -- suboxone -- into a detention facility.
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